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HF 4019

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; making changes to statutory provisions affecting older and
vulnerable adults; modifying the health care bill of rights; modifying regulation
of nursing homes, home care providers, housing with services establishments, and
assisted living services; modifying requirements for reporting maltreatment of
vulnerable adults; establishing an advisory task force; requiring reports; providing
for access to information and data sharing; imposing civil and criminal penalties;
amending Minnesota Statutes 2016, sections 144.651, subdivisions 2, 14, 16, 20,
by adding subdivisions; 144A.44; 325F.71; 609.2231, subdivision 8; 626.557,
subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 9e, 10b, 12b, 14, 17; 626.5572, subdivision 6,
by adding a subdivision; Minnesota Statutes 2017 Supplement, section 256.045,
subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapter
144; repealing Minnesota Statutes 2016, sections 144G.03, subdivision 6; 256.021.

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

Section 1.

new text begin [144.6502] ELECTRONIC MONITORING IN HEALTH CARE
FACILITIES.
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) "Commissioner" means the commissioner of health.
new text end

new text begin (c) "Electronic monitoring device" means a surveillance instrument with a fixed position
video camera or an audio recording device that is installed in a resident's room or private
living space and broadcasts or records activity or sounds occurring in the room or private
living space.
new text end

new text begin (d) "Facility" means a facility that is licensed as a nursing home under chapter 144A or
as a boarding care home under sections 144.50 to 144.56, or registered as a housing with
services establishment under chapter 144D that is also subject to chapter 144G.
new text end

new text begin (e) "Legal representative" means a court-appointed guardian or other person with legal
authority to make decisions about health care services for the resident, including an individual
who is an interested person, as defined in section 626.5572, subdivision 12a.
new text end

new text begin (f) "Resident" means a person 18 years of age or older residing in a facility.
new text end

new text begin Subd. 2. new text end

new text begin Electronic monitoring authorized. new text end

new text begin (a) A facility must allow a resident or a
resident's legal representative to conduct electronic monitoring of the resident's room or
private living space as provided in this section.
new text end

new text begin (b) Nothing in this section allows the use of an electronic monitoring device to take still
photographs or for the nonconsensual interception of private communications.
new text end

new text begin Subd. 3. new text end

new text begin Consent to electronic monitoring. new text end

new text begin (a) Except as otherwise provided in this
subdivision, a resident must consent in writing on a notification and consent form prescribed
by the commissioner to electronic monitoring in the resident's room or private living space.
If the resident has not affirmatively objected to electronic monitoring and the resident's
physician determines that the resident lacks the ability to understand and appreciate the
nature and consequences of electronic monitoring, the resident's legal representative may
consent on behalf of the resident. For purposes of this subdivision, a resident affirmatively
objects when the resident orally, visually, or through the use of auxiliary aids or services
declines electronic monitoring. The resident's response must be documented on the
notification and consent form.
new text end

new text begin (b) Prior to a resident's legal representative consenting on behalf of a resident, the resident
must be asked by the resident's legal representative if the resident wants electronic monitoring
to be conducted. The resident's legal representative must explain to the resident:
new text end

new text begin (1) the type of electronic monitoring device to be used;
new text end

new text begin (2) the standard conditions that may be placed on the electronic monitoring device's use,
including those listed in subdivision 5;
new text end

new text begin (3) with whom the recording may be shared under this section; and
new text end

new text begin (4) the resident's ability to decline all recording.
new text end

new text begin (c) A resident or roommate may consent to electronic monitoring with any conditions
of the resident's or roommate's choosing, including the list of standard conditions provided
in subdivision 5. A resident or roommate may request that the electronic monitoring device
be turned off or the visual or audio recording component of the electronic monitoring device
be blocked at any time.
new text end

new text begin (d) Prior to implementing electronic monitoring, a resident must obtain the written
consent of any other resident residing in the room or private living space on the notification
and consent form prescribed by the commissioner. Except as otherwise provided in this
subdivision, a roommate must consent in writing to electronic monitoring in the resident's
room or private living space. If the roommate has not affirmatively objected to the electronic
monitoring in accordance with this subdivision and the roommate's physician determines
that the roommate lacks the ability to understand and appreciate the nature and consequences
of electronic monitoring, the roommate's legal representative may consent on behalf of the
roommate.
new text end

new text begin (e) Any resident conducting electronic monitoring must obtain consent from any new
roommate before the resident may resume authorized electronic monitoring. If a new
roommate does not consent to electronic monitoring and the resident conducting the electronic
monitoring does not remove or disable the electronic monitoring device, the facility must
remove the electronic monitoring device.
new text end

new text begin Subd. 4. new text end

new text begin Withdrawal of consent; refusal of roommate to consent. new text end

new text begin (a) Consent may
be withdrawn by the resident or roommate at any time and the withdrawal of consent must
be documented in the resident's clinical record. If a roommate withdraws consent and the
resident conducting the electronic monitoring does not remove or disable the electronic
monitoring device, the facility must remove the electronic monitoring device.
new text end

new text begin (b) If a resident of a nursing home or boarding care home who is residing in a shared
room wants to conduct electronic monitoring and another resident living in or moving into
the same shared room refuses to consent to the use of an electronic monitoring device, the
facility shall make a reasonable attempt to accommodate the resident who wants to conduct
electronic monitoring. A nursing home or boarding care home has met the requirement to
make a reasonable attempt to accommodate a resident who wants to conduct electronic
monitoring when upon notification that a roommate has not consented to the use of an
electronic monitoring device in the resident's room, the nursing home or boarding care home
offers to move either resident to another shared room that is available at the time of the
request. If a resident chooses to reside in a private room in a nursing home or boarding care
home in order to accommodate the use of an electronic monitoring device, the resident must
pay the private room rate. If a nursing home or boarding care home is unable to accommodate
a resident due to lack of space, the nursing home or boarding care home must reevaluate
the request every two weeks until the request is fulfilled. A nursing home or boarding care
home is not required to provide a private room or a single-bed room to a resident who is
not a private-pay resident.
new text end

new text begin Subd. 5. new text end

new text begin Notice to the facility; form requirements. new text end

new text begin (a) Electronic monitoring may
begin only after the resident who intends to install an electronic monitoring device completes
a notification and consent form prescribed by the commissioner and submits the form to
the facility.
new text end

new text begin (b) The notification and consent form must include, at a minimum, the following
information:
new text end

new text begin (1) the resident's signed consent to electronic monitoring or the signature of the resident's
legal representative, if applicable. If a person other than the resident signs the consent form,
the form must document the following:
new text end

new text begin (i) the date the resident was asked if the resident wants electronic monitoring to be
conducted;
new text end

new text begin (ii) who was present when the resident was asked; and
new text end

new text begin (iii) an acknowledgment that the resident did not affirmatively object;
new text end

new text begin (2) the resident's roommate's signed consent or the signature of the roommate's legal
representative, if applicable. If a roommate's legal representative signs the consent form,
the form must document the following:
new text end

new text begin (i) the date the roommate was asked if the roommate consents to electronic monitoring;
new text end

new text begin (ii) who was present when the roommate was asked; and
new text end

new text begin (iii) an acknowledgment that the roommate did not affirmatively object;
new text end

new text begin (3) the type of electronic monitoring device to be used;
new text end

new text begin (4) any installation needs, such as mounting of a device to a wall or ceiling;
new text end

new text begin (5) the proposed date of installation for scheduling purposes;
new text end

new text begin (6) a list of standard conditions or restrictions that the resident or a roommate may elect
to place on the use of the electronic monitoring device, including, but not limited to:
new text end

new text begin (i) prohibiting audio recording;
new text end

new text begin (ii) prohibiting video recording;
new text end

new text begin (iii) prohibiting broadcasting of audio or video;
new text end

new text begin (iv) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device for the duration of an exam or procedure by
a health care professional;
new text end

new text begin (v) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device while dressing or bathing is performed; and
new text end

new text begin (vi) turning off the electronic monitoring device for the duration of a visit with a spiritual
advisor, ombudsman, attorney, financial planner, intimate partner, or other visitor; and
new text end

new text begin (7) any other condition or restriction elected by the resident or roommate on the use of
an electronic monitoring device.
new text end

new text begin (c) A copy of the completed notification and consent form must be placed in the resident's
and any roommate's clinical records and a copy must be provided to the resident and the
resident's roommate, if applicable.
new text end

new text begin (d) The commissioner shall prescribe the notification and consent form required in this
section no later than January 1, 2019, and shall make the form available on the department's
Web site.
new text end

new text begin (e) Beginning January 1, 2019, facilities must make the notification and consent form
available to the residents and inform residents of their option to conduct electronic monitoring
of their rooms or private living spaces.
new text end

new text begin (f) Any resident, legal representative of a resident, or other person conducting electronic
monitoring of a resident's room prior to enactment of this section must comply with the
requirements of this section by January 1, 2019.
new text end

new text begin Subd. 6. new text end

new text begin Cost and installation. new text end

new text begin (a) A resident choosing to conduct electronic monitoring
must do so at the resident's own expense, including paying purchase, installation,
maintenance, and removal costs.
new text end

new text begin (b) If a resident chooses to install an electronic monitoring device that uses Internet
technology for visual or audio monitoring, that resident may be responsible for contracting
with an Internet service provider.
new text end

new text begin (c) The facility shall make a reasonable attempt to accommodate the resident's installation
needs, including allowing access to the facility's telecommunications or equipment room.
A facility has the burden of proving that a requested accommodation is not reasonable.
new text end

new text begin (d) All electronic monitoring device installations and supporting services must be
UL-listed.
new text end

new text begin Subd. 7. new text end

new text begin Notice to visitors. new text end

new text begin (a) A facility shall post a sign at each facility entrance
accessible to visitors that states "Security cameras and audio devices may be present to
record persons and activities."
new text end

new text begin (b) The facility is responsible for installing and maintaining the signage required in this
subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Obstruction of electronic monitoring devices. new text end

new text begin (a) A person must not knowingly
hamper, obstruct, tamper with, or destroy an electronic monitoring device installed in a
resident's room or private living space without the permission of the resident or the resident's
legal representative.
new text end

new text begin (b) It is not a violation of this subdivision if a person turns off the electronic monitoring
device or blocks the visual recording component of the electronic monitoring device at the
direction of the resident or the resident's legal representative, or if consent has been
withdrawn.
new text end

new text begin Subd. 9. new text end

new text begin Dissemination of recordings. new text end

new text begin (a) A facility may not access any video or audio
recording created through electronic monitoring without the written consent of the resident
or the resident's legal representative.
new text end

new text begin (b) Except as required under other law, a recording or copy of a recording made as
provided in this section may only be disseminated for the purpose of addressing health,
safety, or welfare concerns of a resident or residents.
new text end

new text begin Subd. 10. new text end

new text begin Liability. new text end

new text begin (a) A facility is not civilly or criminally liable for the inadvertent
or intentional disclosure of a recording by a resident or a resident's legal representative for
any purpose not authorized by this section.
new text end

new text begin (b) A facility is not civilly or criminally liable for a violation of a resident's right to
privacy arising out of any electronic monitoring conducted as provided in this section.
new text end

new text begin Subd. 11. new text end

new text begin Resident protections. new text end

new text begin A facility must not:
new text end

new text begin (1) refuse to admit a potential resident or remove a resident because the facility disagrees
with the potential resident's or the resident's decisions regarding electronic monitoring;
new text end

new text begin (2) intentionally retaliate or discriminate against any resident for consenting or refusing
to consent to electronic monitoring under this section; or
new text end

new text begin (3) prevent the installation or use of an electronic monitoring device by a resident who
has provided the facility with notice and consent as required under this section.
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. 2.

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 sectionnew text begin and section 144.6511new text end, 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, resides in, or receives services from:
new text end

new text begin (1) new text enda nonacute care facility including extended care facilitiesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) a housing with services establishment operating under assisted living title protection
under chapter 144G;
new text end

new text begin (3) a home care service provider required to be licensed under chapter 144A that provides
services in a living unit registered as a housing with services establishment under chapter
144D;
new text end

new text begin (4) a new text endnursing deleted text beginhomes, and deleted text endnew text begin home;
new text end

new text begin (5) 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 (6) new text endfor purposes of deleted text beginall subdivisions exceptdeleted text end subdivisions deleted text begin28 and 29deleted text endnew text begin 1 to 27new text end, deleted text begin"resident"
also means a person who is admitted to
deleted text end new text beginand 30 to 34, new text enda 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 deleted text begin9530.6405deleted text endnew text begin 9530.6510new 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 the 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 the 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 housing with services establishment operating under assisted living title protection
under chapter 144G;
new text end

new text begin (7) any living unit of a housing with services establishment registered under chapter
144D, in which home care services are provided to a resident by a home care provider
licensed under chapter 144A;
new text end

new text begin (8) a nursing home;
new text end

new text begin (9) 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 (10) for the purposes of subdivisions 1 to 27 and 30 to 34, a facility licensed as a board
and lodging facility under Minnesota Rules, chapter 4625, or a supervised living facility
under Minnesota Rules, chapter 4665, and which operates a rehabilitation program licensed
under Minnesota Rules, parts 9530.6410 to 9530.6590.
new text end

new text begin (e) "Interested person" has the meaning given under section 626.5572, subdivision 12a.
An interested person does not include a person whose authority has been restricted by the
patient or resident or by a court.
new text end

Sec. 3.

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 have the right to 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. 4.

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. 5.

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, or have these rights asserted by an
interested person,
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 end or 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) Patients and residents have the right to complain about services that are provided,
services that are not being provided, and the lack of courtesy or respect to the patient or
resident or the patient's or resident's property. 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 defined in section 626.5572, subdivision 5, the protection and advocacy agency,
and the area nursing home ombudsman 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. 6.

Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision to
read:


new text begin Subd. 34. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A facility or person must not retaliate against a
patient, resident, employee, or interested person who:
new text end

new text begin (1) files a complaint or grievance or asserts any rights on behalf of the patient or resident
as provided under subdivision 20;
new text end

new text begin (2) submits a maltreatment report, whether mandatory or voluntary, on behalf of the
patient or resident under section 626.557, subdivision 3, 4, or 4a;
new text end

new text begin (3) advocates on behalf of the patient or resident for necessary or improved care and
services or enforcement of rights under this section or other law; or
new text end

new text begin (4) contracts to receive services from a service provider of the resident's choice.
new text end

new text begin (b) There is a rebuttable presumption that adverse action is retaliatory if taken against
a patient, resident, employee, or interested person within 90 days of a patient, resident,
employee, or interested person filing a grievance as provided in paragraph (a), submitting
a maltreatment report, or otherwise advocating on behalf of a patient or resident.
new text end

new text begin (c) For purposes of this section, "adverse action" means actions listed in section 626.557,
subdivision 17, paragraph (c).
new text end

Sec. 7.

Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision to
read:


new text begin Subd. 35. new text end

new text begin Electronic monitoring. new text end

new text begin A patient, resident, or interested person has the right
to install and use electronic monitoring, provided the requirements of section 144.6502 are
met.
new text end

Sec. 8.

new text begin [144.6511] DECEPTIVE MARKETING AND BUSINESS PRACTICES.
new text end

new text begin (a) Deceptive marketing and business practices are prohibited.
new text end

new text begin (b) For the purposes of this section, it is a deceptive practice for a facility to:
new text end

new text begin (1) make any false, fraudulent, deceptive, or misleading statements in marketing,
advertising, or any other oral or written description or representation of care or services,
whether in oral, written, or electronic form;
new text end

new text begin (2) arrange for or provide health care or services that are inferior to, substantially different
from, or substantially more expensive than those offered, promised, marketed, or advertised;
new text end

new text begin (3) fail to deliver any care or services the provider or facility promised or represented
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 or oral 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 and clearly explain 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, orally or 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. 9.

Minnesota Statutes 2016, section 144A.44, is amended to read:


144A.44 HOME CARE BILL OF RIGHTS.

Subdivision 1.

Statement of rights.

new text begin (a) For the purposes of this section, "provider"
includes home care providers licensed under this chapter, housing with service establishments
registered under chapter 144D, and individuals or organizations exempt from home care
licensure by section 144A.471, subdivision 8. For the purposes of this section, "services"
means home care services as defined in section 144A.43, subdivision 3; supportive services
as defined in section 144D.01, subdivision 5; and health-related services as defined in section
144D.01, subdivision 6. For the purposes of this section, "service plan" includes a housing
with services contract and a lease agreement with a housing with services establishment.
new text end

new text begin (b) All providers must comply with this section. No provider may require or request a
person to waive any of the rights listed in this section at any time or for any reason, including
as a condition of initiating services or entering into a contract or lease.
new text end

new text begin (c) new text endA person who receives deleted text beginhome caredeleted text end services has deleted text beginthese rightsdeleted text endnew text begin the right tonew text end:

(1) deleted text beginthe right todeleted text end receive written information new text beginin plain language new text endabout rights before receiving
services, including what to do if rights are violated;

(2) deleted text beginthe right todeleted text end receive care and services according to a suitable and up-to-date plannew text begin with
reasonable regularity and continuity of staff
new text end, deleted text beginanddeleted text end subject to accepted health care, medical
or nursing standards, new text beginand new text endto take an active part in developing, modifying, and evaluating
the plan and services;

(3) deleted text beginthe right todeleted text end 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 deleted text beginhome caredeleted text endnew text begin the person'snew text end needs, and the potential consequences
of refusing these services;

(4) deleted text beginthe right todeleted text end 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) deleted text beginthe right todeleted text end refuse services or treatment;

(6) deleted text beginthe right todeleted text end know, before receiving services or during the initial visit, any limits to
the services available from a deleted text beginhome caredeleted text end provider;

(7) deleted text beginthe right todeleted text end 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) deleted text beginthe right todeleted text end 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) deleted text beginthe right todeleted text end 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 new text beginor public new text endprograms;

(10) deleted text beginthe right todeleted text end 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) deleted text beginthe right todeleted text end access the client's own records and written information from those
records in accordance with sections 144.291 to 144.298;

(12) deleted text beginthe right todeleted text end be served by people who are properly trained and competent to perform
their duties;

(13) deleted text beginthe right todeleted text end be treated with courtesy and respect, and to have the client's property
treated with respect;

(14) deleted text beginthe right todeleted text end 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) deleted text beginthe right todeleted text end reasonable, advance notice of changes in services or charges;

(16) deleted text beginthe right todeleted text end know the provider's reason for termination of servicesnew text begin or of a service
plan
new text end;

(17) deleted text beginthe right todeleted text end at least deleted text begintendeleted text endnew text begin 30new text end days' advance notice of the termination of a service new text beginor
service plan
new text endby a provider, except in cases where:

(i) the client engages in conduct that significantly alters the terms of the service plan
with the deleted text beginhome caredeleted text end provider;

(ii) the client, person who lives with the client, or others create an abusive or unsafe
work environment for the person providing deleted text beginhome caredeleted text end 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 deleted text beginhome caredeleted text end
provider;

(18) deleted text beginthe right todeleted text end a coordinated transfer when there will be a change in the provider of
services;

(19) deleted text beginthe right todeleted text end complain new text beginto staff and others of their choice new text endabout services that are
provided, or fail to be provided, and the lack of courtesy or respect to the client or the client's
propertynew text begin, and the right to recommend changes in policies and services, free from retaliation,
including the threat of termination of services or a service plan
new text end;

(20) deleted text beginthe right todeleted text end know how to contact an individual associated with the deleted text beginhome caredeleted text end provider
who is responsible for handling problems and to have the deleted text beginhome caredeleted text end provider investigate
and attempt to resolve the grievance or complaint;

(21) deleted text beginthe right todeleted text end know the name and address of the state or county agency to contact for
additional information or assistance; deleted text beginand
deleted text end

(22) deleted text beginthe right todeleted text end assert these rights personally, or have them asserted by the client's
representative or by anyone on behalf of the client, without retaliationnew text begin;
new text end

new text begin (23) 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 (24) Internet service at the person's own expense, unless provided by the provider; and
new text end

new text begin (25) place an electronic monitoring device in the person's own private space, provided
the requirements of section 144.6502 are met
new text end.

new text begin (d) Providers must:
new text end

new text begin (1) encourage and assist in the fullest possible exercise of these rights;
new text end

new text begin (2) provide the names and telephone numbers of individuals and organizations that
provide advocacy and legal services for clients seeking to assert their rights under this
section;
new text end

new text begin (3) make every effort to assist clients in obtaining information regarding whether
Medicare, medical assistance, or housing supports will pay for services;
new text end

new text begin (4) make reasonable accommodations for people who have communication disabilities
and those who speak a language other than English; and
new text end

new text begin (5) provide all information and notices in plain language and in terms the client can
understand.
new text end

Subd. 2.

Interpretation and enforcement of rights.

deleted text beginThese rights are established for
the benefit of clients who receive home care services. All home care providers, including
those exempted under section 144A.471, must comply with this section. The commissioner
shall enforce this section and the home care bill of rights requirement against home care
providers exempt from licensure in the same manner as for licensees. A home care provider
may not request or require a client to surrender any of these rights as a condition of receiving
services. This statement of
deleted text endnew text begin Thenew text end rights deleted text begindoesdeleted text end new text beginprovided under this section are established for
the benefit of clients who receive home care services, do
new text endnot replace or diminish other rights
and liberties that may exist relative to clients receiving home care services, persons providing
home care services, or providers licensed under sections 144A.43 to 144A.482new text begin, and may
not be waived. Any oral or written waiver of the rights provided under this section is void
and unenforceable
new text end.

new text begin Subd. 3. new text end

new text begin Public enforcement of rights. new text end

new text begin The commissioner shall enforce this section
and the home care bill of rights requirement against home care providers exempt from
licensure in the same manner as for licensees.
new text end

new text begin Subd. 4. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A provider must not retaliate against a client,
employee, or interested person who:
new text end

new text begin (1) files a complaint or grievance or asserts any rights on behalf of the client or resident
as provided under subdivision 1, paragraph (c), clause (22);
new text end

new text begin (2) submits a maltreatment report, whether mandatory or voluntary, on behalf of the
client or resident under section 626.557, subdivision 3, 4, or 4a;
new text end

new text begin (3) advocates on behalf of the patient or resident for necessary or improved care and
services or enforcement of rights under this section or other law; or
new text end

new text begin (4) contracts to receive services from a service provider of the resident's choice.
new text end

new text begin (b) There is a rebuttable presumption that adverse action is retaliatory if taken against
the client, resident, employee, or interested person within 90 days of filing a grievance as
provided in paragraph (a), submitting a maltreatment report, or otherwise advocating on
behalf of a patient or resident.
new text end

new text begin (c) For purposes of this section, "adverse action" means actions listed in section 626.557,
subdivision 17, paragraph (c).
new text end

Sec. 10.

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 an interested person as defined in section 626.5572, subdivision 12a, 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. 11.

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 andnew text begin an interested person, as defined in section
626.5572, subdivision 12a
new text end, if known, deleted text begina 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 hearing
deleted text endnew 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 endof
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. 12.

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; deleted text beginor
deleted text end

(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 assistancedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) whether the defendant provided or arranged for health care or services that are inferior
to, substantially different than, or substantially more expensive than offered, promised,
marketed, or advertised.
new text end

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. 13.

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.

Sec. 14.

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. 15.

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. 16.

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 incidentnew 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 pointnew 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 incidentnew 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. 17.

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. 18.

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
section 626.557.
new text end

Sec. 19.

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.

(b) new text beginThe lead investigative agency must provide the following information to the vulnerable
adult or the vulnerable adult's interested person, 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;
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 facility 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 interested person 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

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 deleted text beginthe vulnerable adult's guardian or health care agentdeleted text endnew text begin
an interested person
new text end, 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 deleted text beginthe vulnerable adult's guardian
or health care agent
deleted text endnew text begin an interested personnew text end, 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.06
deleted 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)deleted text endnew text begin (d)new text end, deleted text beginclause (1),deleted text end when required to be completed under this section, to the
following persons:

(1) the vulnerable adult, or deleted text beginthe vulnerable adult's guardian or health care agentdeleted text endnew text begin an
interested person
new text end, 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 deleted text beginthe vulnerable adult's guardian or health care agentdeleted text endnew text begin an interested personnew text end, 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. 20.

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 deleted text begin(e)deleted text endnew text begin (d)new text end, 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 new text begin(d) and new text end(e) deleted text beginand (f)deleted text end, 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 personnew text begin, including the vulnerable adult or an
interested person acting on behalf of the vulnerable adult,
new text end 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. The request must be submitted in writing
to the review panel and a copy sent to the lead investigative agency within 30 calendar days
of receipt of notice of a denial of a request for reconsideration or of a reconsidered
disposition. 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 deleted text begin(f)deleted text endnew text begin (h)new text end.

(d) deleted text beginFor 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.
deleted text end

deleted text begin (e)deleted text end 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.

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

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

deleted text begin (1)deleted text endnew text begin (g)new text end For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph deleted text begin(d)deleted text endnew text begin (h)new text end, 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.

deleted text begin (2)deleted text endnew text begin (h)new text end 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. 21.

Minnesota Statutes 2016, section 626.557, subdivision 9e, is amended to read:


Subd. 9e.

Education requirements.

(a) The commissioners of health, human services,
and public safety shall cooperate in the development of a joint program for education of
lead investigative agency investigators in the appropriate techniques for investigation of
complaints of maltreatment. This program must be developed by July 1, 1996. The program
must include but need not be limited to the following areas: (1) information collection and
preservation; (2) analysis of facts; (3) levels of evidence; (4) conclusions based on evidence;
(5) interviewing skills, including specialized training to interview people with unique needs;
(6) report writing; (7) coordination and referral to other necessary agencies such as law
enforcement and judicial agencies; (8) human relations and cultural diversity; (9) the
dynamics of adult abuse and neglect within family systems and the appropriate methods
for interviewing relatives in the course of the assessment or investigation; (10) the protective
social services that are available to protect alleged victims from further abuse, neglect, or
financial exploitation; (11) the methods by which lead investigative agency investigators
and law enforcement workers cooperate in conducting assessments and investigations in
order to avoid duplication of efforts; and (12) data practices laws and procedures, including
provisions for sharing data.

(b) The commissioner of human services shall conduct an outreach campaign to promote
the common entry point for reporting vulnerable adult maltreatment. This campaign shall
use the Internet and other means of communication.

(c) The commissioners of health, human services, and public safety shall offer at least
annual education to others on the requirements of this section, on how this section is
implemented, and investigation techniques.

(d) The commissioner of human services, in coordination with the commissioner of
public safety shall provide training for the common entry point staff as required in this
subdivision and the program courses described in this subdivision, at least four times per
year. At a minimum, the training shall be held twice annually in the seven-county
metropolitan area and twice annually outside the seven-county metropolitan area. The
commissioners shall give priority in the program areas cited in paragraph (a) to persons
currently performing assessments and investigations pursuant to this section.

(e) The commissioner of public safety shall notify in writing law enforcement personnel
of any new requirements under this section. The commissioner of public safety shall conduct
regional training for law enforcement personnel regarding their responsibility under this
section.

(f) Each lead investigative agency investigator must complete the education program
specified by this subdivision within the first 12 months of work as a lead investigative
agency investigator.

A lead investigative agency investigator employed when these requirements take effect
must complete the program within the first year after training is available or as soon as
training is available.

All lead investigative agency investigators having responsibility for investigation duties
under this section must receive a minimum of eight hours of continuing education or
in-service training each year specific to their duties under this section.

new text begin (g) The commissioners of health and human services shall develop and maintain written
guidance for facilities that explains and illustrates the reporting requirements under this
section; the guidance shall also explain and illustrate the reporting requirements under Code
of Federal Regulations, title 42, section 483.12(c), for the benefit of facilities subject to
those requirements.
new text end

Sec. 22.

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, an interested
person, within five days after initiation of an investigation to provide the investigator's name
and contact information, and communicate with the alleged victim or interested person
approximately every three weeks during the course of the investigation.
new text end

Sec. 23.

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 an interested person 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 endnew 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 beginor 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 reporter deleted text beginordeleted text endnew text begin;
new text end

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 faithnew text begin; or
new text end

new text begin (3) the mandated reporter may disclose that the individual was the reporter to support a
claim of retaliation that is prohibited under section 144.651, subdivision 34, or 626.557,
subdivisions 4a and 17, or other law
new text end.

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) if there are upward trends for types of maltreatment substantiated, recommendations
for addressing and responding to them;

(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. 24.

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. 25.

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 faithnew text begin, or who the facility or person believes reported,new text end suspected
maltreatment pursuant to this section, or against a vulnerable adult with respect to whom a
report is made, because of the reportnew text begin or presumed report, whether mandatory or voluntarynew text end.

(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.new text begin A claim of retaliation may be brought upon showing that the claimant has a good faith
reason to believe retaliation as described under this subdivision occurred. The claim may
be brought regardless of whether or not there is confirmation that the name of the mandated
reporter was known.
new text end

(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 deleted text beginclausedeleted text endnew text begin paragraphnew text end, 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 new text beginof the vulnerable adult new text endto the facility or its residents;
deleted text begin or
deleted text end

(5) any restriction of rights set forth in section 144.651new text begin, 144A.44, or 144A.441;
new text end

new text begin (6) any restriction of access to or use of amenities or services;
new text end

new text begin (7) termination of services or lease agreement;
new text end

new text begin (8) sudden increase in costs for services not already contemplated at the time of the
maltreatment report;
new text end

new text begin (9) deprivation of technology, communication, or electronic monitoring devices; and
new text end

new text begin (10) filing a maltreatment report in bad faith against the reporter; or
new text end

new text begin (11) oral or written communication of false information about the reporternew text end.

Sec. 26.

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. 27.

Minnesota Statutes 2016, section 626.5572, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Interested person. new text end

new text begin "Interested person" means:
new text end

new text begin (1) a court-appointed guardian or conservator or other person designated in writing by
the vulnerable adult, including a nominated guardian or conservator, to act on behalf of the
vulnerable adult;
new text end

new text begin (2) a proxy or health care agent appointed under chapter 145B or 145C or similar law
of another state; or
new text end

new text begin (3) a spouse, parent, adult child and siblings, or next of kin of the vulnerable adult.
new text end

new text begin Interested person does not include a person whose authority has been restricted by the
vulnerable adult or by a court or who is the alleged or substantiated perpetrator of
maltreatment of the vulnerable adult.
new text end

Sec. 28. new text beginCRIMES AGAINST VULNERABLE ADULTS ADVISORY TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Task force established; membership. new text end

new text begin (a) The Crimes Against Vulnerable
Adults Advisory Task Force consists of the following members:
new text end

new text begin (1) the commissioner of the Department of Public Safety or a designee;
new text end

new text begin (2) the commissioner of the Department of Human Services or a designee;
new text end

new text begin (3) the commissioner of the Department of Health or a designee;
new text end

new text begin (4) the attorney general or a designee;
new text end

new text begin (5) a representative from the Minnesota Bar Association;
new text end

new text begin (6) a representative from the Minnesota judicial branch;
new text end

new text begin (7) one member appointed by the Minnesota County Attorneys Association;
new text end

new text begin (8) one member appointed by the Minnesota Association of City Attorneys;
new text end

new text begin (9) one member appointed by the Minnesota Elder Justice Center;
new text end

new text begin (10) one member appointed by the Minnesota Home Care Association;
new text end

new text begin (11) one member appointed by Care Providers of Minnesota;
new text end

new text begin (12) one member appointed by LeadingAge Minnesota; and
new text end

new text begin (13) one member appointed by AARP Minnesota.
new text end

new text begin (b) The advisory task force may appoint additional members that it deems would be
helpful in carrying out its duties under subdivision 2.
new text end

new text begin (c) The appointing authorities must complete the appointments listed in paragraph (a)
by July 1, 2018.
new text end

new text begin (d) At its first meeting, the advisory task force shall elect a chair from among the members
listed in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations and report. new text end

new text begin (a) The advisory task force's duties
are to review and evaluate laws relating to crimes against vulnerable adults, and any other
information the task force deems relevant.
new text end

new text begin (b) By December 1, 2018, the advisory task force shall submit a report to the chairs and
ranking minority members of the legislative committees with primary jurisdiction over
health and human services and criminal policy. The report must contain the task force's
findings and recommendations, including discussion of the benefits and problems associated
with proposed changes. The report must include draft legislation to implement any
recommended changes to statute.
new text end

new text begin Subd. 3. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner of human services shall
provide meeting space and administrative support to the advisory task force.
new text end

new text begin (b) The commissioners of human services and health, and the attorney general shall
provide technical assistance to the advisory task force.
new text end

new text begin (c) Advisory task force members shall service without compensation and shall not be
reimbursed for expenses.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The advisory task force expires on May 20, 2019.
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. 29. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 144G.03, subdivision 6; and 256.021, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-7076

144G.03 ASSISTED LIVING REQUIREMENTS.

Subd. 6.

Termination of housing with services contract.

If a housing with services establishment terminates a housing with services contract with an assisted living client, the establishment shall provide the assisted living client, and the legal or designated representative of the assisted living client, if any, with a written notice of termination which includes the following information:

(1) the effective date of termination;

(2) the section of the contract that authorizes the termination;

(3) without extending the termination notice period, an affirmative offer to meet with the assisted living client and, if applicable, client representatives, within no more than five business days of the date of the termination notice to discuss the termination;

(4) an explanation that:

(i) the assisted living client must vacate the apartment, along with all personal possessions, on or before the effective date of termination;

(ii) failure to vacate the apartment by the date of termination may result in the filing of an eviction action in court by the establishment, and that the assisted living client may present a defense, if any, to the court at that time; and

(iii) the assisted living client may seek legal counsel in connection with the notice of termination;

(5) a statement that, with respect to the notice of termination, reasonable accommodation is available for the disability of the assisted living client, if any; and

(6) the name and contact information of the representative of the establishment with whom the assisted living client or client representatives may discuss the notice of termination.

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.