1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 11:29am
A bill for an act
relating to labor; modifying timeline for duty disability determinations; requiring
treatment as part of workers' compensation benefits; requiring preservice and
in-service wellness training for peace officers and firefighters; appropriating money;
amending Minnesota Statutes 2020, sections 299A.465, subdivision 4; 352B.10,
subdivision 4; 352B.101; 353.031, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 352B; 353; 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 299A.465, subdivision 4, is amended to read:
new text begin (a) new text end A public employer subject to this section
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement deleted text begin to help defray a portion of its costs of complying with this sectiondeleted text end .
new text begin Except as provided for in paragraph (b), new text end the commissioner shall provide deleted text begin an equal pro rata
sharedeleted text end new text begin reimbursementnew text end to the public employer out of the public safety officer's benefit account
based on the availability of funds for each eligible officer, firefighter, and qualifying
dependents. Individual shares must not exceed the actual costs of providing coverage under
this section by a public employer.
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(b) Beginning on January 1, 2023, a public employer is not eligible for reimbursement
under paragraph (a) unless the employer provides at least one of the following:
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(1) annual wellness training to peace officers and firefighters who either are employed
or volunteer for the employer; or
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(2) an employee assistance program or peer support program.
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Wellness training for peace officers must incorporate the learning objectives established by
the Peace Officer Standards and Training Board under section 626.8477. No later than
February 1, 2023, the Board of Firefighter Training and Education must create a wellness
training program for public employers to offer to firefighters to satisfy the requirements of
this paragraph.
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Minnesota Statutes 2020, section 352B.10, subdivision 4, is amended to read:
(a) No disability benefits may be paid unless adequate
proof is furnished to the executive director of the existence of the disability.
(b) new text begin Except as provided under section 352B.102, new text end adequate proof of a disability must
include a written expert report by a licensed physician, by a licensed chiropractor, or with
respect to a mental impairment, by a licensed psychologist.
(c) Following the commencement of benefit payments, the executive director has the
right, at reasonable times, to require the disabilitant to submit proof of the continuance of
the disability claimed.
Minnesota Statutes 2020, section 352B.101, is amended to read:
new text begin (a) Except as provided in paragraph (b), new text end a member claiming a disability benefit must
file a written application for benefits in the office of the system in a form and manner
prescribed by the executive director. The member shall provide medical or psychological
evidence to support the application. The benefit begins to accrue the day following the start
of disability or the day following the last day for which the member was paid, whichever
is later, but not earlier than 180 days before the date the application is filed with the executive
director.
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(b) Notwithstanding any law to the contrary, an employee, as defined in section 352B.102,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 352B.102, subdivision 1, clause (8), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional
requirements under section 352B.102.
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For the purposes of this section, the following terms have
the meanings given:
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(1) "diagnosed with a mental illness" or "diagnosis of a mental illness" means a diagnosis
by a licensed psychiatrist or psychologist and meeting the criteria for a condition or conditions
included in the most recent editions of the DC: 0-5 Diagnostic Classification of Mental
Health and Development Disorders of Infancy and Early Childhood published by Zero to
Three or the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association;
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(2) "employee" means a peace officer or firefighter who is diagnosed with a mental
illness and is a member of the State Patrol retirement plan under section 352B.02;
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(3) "employer" means an employer of a member of the State Patrol retirement plan;
new text end
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(4) "firefighter" has the meaning given in section 299A.465, subdivision 5, paragraph
(c);
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(5) "mental health care provider" means a currently licensed psychologist or psychiatrist
whose practice primarily involves mental health treatment;
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(6) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
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(7) "psychiatrist" means a physician licensed under chapter 147 if the physician is:
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(i) certified by the American Board of Psychiatry and Neurology;
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(ii) certified by the American Osteopathic Board of Neurology and Psychiatry; or
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(iii) eligible for board certification in psychiatry;
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(8) "psychological condition" means a diagnosis of a mental illness; and
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(9) "psychologist" means a psychologist licensed by the Board of Psychology under
sections 148.88 to 148.98.
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Notwithstanding any law to the contrary, the procedure in this
section applies to any application for a duty disability based on a psychological condition
for an employee.
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(a) An employee who applies for duty disability as provided
under sections 352B.10 and 352B.101 based on a psychological condition must first receive
initial approval as provided under this subdivision.
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(b) To apply for initial approval, the employee shall submit the following documentation
in the form and manner prescribed by the executive director:
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(1) a report by a licensed psychologist or psychiatrist finding that the employee is
diagnosed with a mental illness and is currently unable to perform the duties of the position
held by the employee on the date of the injury or the onset of the mental illness;
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(2) documentation from the employer certifying the dates the employee was on active
duty in a position with inherently dangerous duties specific to the position covered under
the State Patrol retirement plan; and
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(3) documentation that the employee was diagnosed with a mental illness after being
employed on active duty in a position covered under the State Patrol retirement plan under
section 352B.02 and had not been diagnosed with a mental illness previously. If the employee
was diagnosed with a mental illness prior to active duty, the employee may also submit
medical and health care evidence that the mental illness worsened as a result of active duty
to meet this requirement.
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(c) The executive director has the right, as deemed reasonable, to request additional
medical and health care evidence, including all medical records and relevant information
from any source, as well as additional employment records or certifications from the
employer, to establish adequate proof that an employee meets the requirements for initial
approval.
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(d) An employee who receives initial approval under this subdivision is not considered
disabled for the purposes of a duty disability under section 352B.011, subdivision 7. The
employee must complete the additional requirements under this section and receive final
approval under subdivision 6 before receiving duty disability benefits or related benefits.
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(a) An employee who receives initial approval under
subdivision 3 shall complete at least 32 weeks of treatment for the employee's diagnosed
mental illness, as provided under this subdivision, before a final determination can be made
under subdivision 6. Treatment shall be at the direction of a licensed psychologist or
psychiatrist using treatment modalities indicated for the treatment of the diagnosed mental
illness. The employer shall pay for the treatment costs and may seek reimbursement as
provided under paragraph (e).
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(b) The employee's mental health care provider must assess the employee's progress in
treatment monthly and at the end of the 32 weeks, including any change to the employee's
ability to return to the position held by the employee on the date of injury or at the onset of
the mental illness, or to another position with the employer which produces an economic
status as close as possible to, or better than, the economic status the employee would have
enjoyed before the date of injury or onset of mental illness. A final determination under
subdivision 6 must be supported by a report from the employee's mental health care provider
containing an opinion about the employee's prognosis, the duration of the disability, and
the expectations for improvement following the treatment. A report that does not contain
and support a finding that the employee's disability as a result of a psychological condition
will last for at least 12 months must not be relied upon to support final approval of duty
disability benefits.
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(c) The employee may return to work prior to the completion of the 32 weeks of treatment,
if the employee's mental health care provider determines that the employee is medically
able to do so.
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(d) The employee may return to light duty assignments prior to the completion of the
32 weeks of treatment if deemed medically appropriate by the employee's mental health
care provider and with the employer's approval.
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(e) An employer may annually apply by August 1 for the preceding fiscal year to the
commissioner of public safety for reimbursement of the treatment costs incurred by the
employer under this subdivision and subdivision 7. An employer must apply for this
reimbursement in the form and manner specified by the commissioner of public safety.
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(f) Notwithstanding any law to the contrary, an employee who is cleared to return to
work or light duty under paragraph (c) or (d) is presumed to be fit for duty. An employer
must not request a fitness for duty exam or deny the employee's return to work or light duty
except upon a showing of substantial factors to rebut the presumption.
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(a) For an employee receiving treatment
under subdivision 4 or 7, an employer shall continue:
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(1) to pay the employee's full wages or salary, including any employer contribution to
health care and retirement benefits;
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(2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury under the
employer's group health plan; and
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(3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
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(b) Nothing in paragraph (a): (1) prevents an employer from providing benefits in addition
to those required by this section; or (2) otherwise affects an employee's rights with respect
to any other employment benefit.
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(c) An employer subject to this subdivision may annually apply by August 1 for the
preceding fiscal year to the commissioner of public safety for reimbursement of:
new text end
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(1) the costs incurred to continue wages and benefits as required under this subdivision;
and
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(2) the wage-related costs incurred to backfill a position for the period of treatment
required for an employee under subdivision 4 or 7.
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(d) An employer must apply for the reimbursement in the form and manner specified
by the commissioner of public safety.
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(a) Following completion
of treatment under subdivision 4, the Minnesota State Retirement System shall review an
employee's application for duty disability as provided under sections 352B.10 and 352B.101,
confirm the treatment requirements are satisfied, and make one of the following
determinations:
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(1) continue the initial approval for an additional eight weeks for the employee to
complete additional treatment, as provided under subdivision 7;
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(2) deny the employee's application for duty disability because the employee is able to
return to employment in the position held by the employee on the date of injury or at the
onset of the mental illness, or to another position with the employer which produces an
economic status as close as possible to, or better than, the economic status the employee
would have enjoyed before the date of injury or onset of the mental illness, or because the
employee is otherwise determined to be ineligible under sections 352B.10 and 352B.101;
or
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(3) determine the employee is eligible under sections 352B.10 and 352B.101 and approve
the employee's application for duty disability, at which time the employee may start to
receive duty disability benefits as provided under this chapter and any related benefits
stemming from a determination of duty disability.
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(b) Following completion of the additional treatment under subdivision 7, if applicable,
the Minnesota State Retirement System shall confirm the treatment requirements are satisfied,
review any updates to the employee's application for duty disability, and issue a final approval
or denial, as provided under paragraph (a), clauses (2) and (3).
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(c) Notwithstanding any law to the contrary, an employee determined to be able to return
to employment as provided under paragraph (a), clause (2), is presumed to be fit for duty.
An employer must not request a fitness for duty exam or deny the employee's return to work
except upon a showing of substantial factors to rebut the presumption.
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(a) If, after completing the treatment required under
subdivision 4, the mental health care provider's report determines that the employee is
making progress in treatment, and the employee's prognosis is expected to further improve
with additional treatment, the Minnesota State Retirement System shall continue the
employee's initial approval under subdivision 6, clause (1), and the employee shall complete
up to an additional eight weeks of treatment as provided under this subdivision.
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(b) Treatment shall be at the direction of a licensed psychologist or psychiatrist using
treatment modalities indicated for the treatment of the employee's diagnosed mental illness.
The employer shall pay for the treatment costs and may seek reimbursement as provided
under subdivision 4, paragraph (e).
new text end
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(c) The employee's mental health care provider must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of injury or at the onset of the mental illness,
or to another position with the employer which produces an economic status as close as
possible to, or better than, the economic status the employee would have enjoyed before
the date of injury or onset of mental illness. A final determination under subdivision 6 must
be supported by an updated report from the employee's mental health provider containing
an opinion about the employee's prognosis, the duration of the disability, and the expectations
for improvement following the additional treatment. An updated report that does not contain
and support a finding that the employee's disability as a result of a psychological condition
will last for at least 12 months may not be relied upon to support final approval of duty
disability benefits.
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(d) The employee may return to work prior to the completion of the eight weeks of
treatment, if the employee's mental health care provider determines that the employee is
medically able to do so.
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(e) The employee may return to light duty assignments prior to the completion of the
eight weeks of treatment, if deemed medically appropriate by the employee's mental health
care provider and with the employer's approval.
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(f) Notwithstanding any law to the contrary, an employee who is cleared to return to
work or light duties under paragraph (d) or (e) is presumed to be fit for duty. An employer
must not request a fitness for duty exam or deny the employee's return to work or light
duties except upon a showing of substantial factors to rebut the presumption.
new text end
Minnesota Statutes 2020, section 353.031, subdivision 1, is amended to read:
new text begin (a) new text end This section applies to all disability determinations for
the public employees general fund, the public employees police and fire fund, and the local
government correctional service retirement plan and any other disability determination
subject to approval by the board, except as otherwise specified in section new text begin 353.032, new text end 353.33,
353.656, or 353E.05. These requirements and the requirements of section 353.03, subdivision
3, are in addition to the specific requirements of each plan and govern in the event there is
any conflict between these sections and the procedures specific to any of those plans under
section 353.33, 353.656, or 353E.06.
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(b) Notwithstanding any law to the contrary, an employee, as defined in section 353.032,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 353.032, subdivision 1, clause (8), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional
requirements under section 353.032.
new text end
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For the purposes of this section, the following terms have
the meanings given:
new text end
new text begin
(1) "diagnosed with a mental illness" or "diagnosis of a mental illness" means a diagnosis
by a licensed psychiatrist or psychologist, and meeting the criteria for a condition or
conditions included in the most recent editions of the DC: 0-5 Diagnostic Classification of
Mental Health and Development Disorders of Infancy and Early Childhood published by
Zero to Three or the Diagnostic and Statistical Manual of Mental Disorders published by
the American Psychiatric Association;
new text end
new text begin
(2) "employee" means a peace officer or firefighter who is diagnosed with a mental
illness and is a member of the police and fire plan under section 353.64;
new text end
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(3) "employer" means an employer of a member of the police and fire plan;
new text end
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(4) "firefighter" has the meaning given in section 299A.465, subdivision 5, paragraph
(c);
new text end
new text begin
(5) "mental health care provider" means a currently licensed psychologist or psychiatrist
whose practice primarily involves mental health treatment;
new text end
new text begin
(6) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
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(7) "psychiatrist" means a physician licensed under chapter 147 if the physician is:
new text end
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(i) certified by the American Board of Psychiatry and Neurology;
new text end
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(ii) certified by the American Osteopathic Board of Neurology and Psychiatry; or
new text end
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(iii) eligible for board certification in psychiatry;
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(8) "psychological condition" means a diagnosis of a mental illness; and
new text end
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(9) "psychologist" means a psychologist licensed by the Board of Psychology under
sections 148.88 to 148.98.
new text end
new text begin
Notwithstanding any law to the contrary, the procedure in this
section applies to any application for a duty disability based on a psychological condition
for an employee.
new text end
new text begin
(a) An employee who applies for duty disability under section
353.031 based on a psychological condition must first receive initial approval as provided
under this subdivision.
new text end
new text begin
(b) To apply for initial approval, the employee shall submit the following documentation
in the form and manner prescribed by the executive director of the association:
new text end
new text begin
(1) a report by a licensed psychologist or psychiatrist finding that the employee is
diagnosed with a mental illness and is currently unable to perform the duties of the position
held by the employee on the date of the injury or the onset of the mental illness;
new text end
new text begin
(2) documentation from the employer certifying the dates the employee was on active
duty in a position with inherently dangerous duties specific to the position covered under
the police and fire plan; and
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(3) documentation that the employee was diagnosed with a mental illness after being
employed on active duty in a position covered under the police and fire plan under section
353.64 and had not been diagnosed with a mental illness previously. If the employee was
diagnosed with a mental illness prior to active duty, the employee may also submit medical
and health care evidence that the mental illness worsened as a result of active duty to meet
this requirement.
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(c) The executive director of the association has the right, as deemed reasonable, to
request additional medical and health care evidence, including all medical records and
relevant information from any source, as well as additional employment records or
certifications from the employer, to establish adequate proof that an employee meets the
requirements for initial approval.
new text end
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(d) An employee who receives initial approval under this subdivision is not considered
disabled for the purposes of a duty disability under section 353.01, subdivision 41. The
employee must complete the additional requirements under this section and receive final
approval under subdivision 6 before receiving duty disability benefits or related benefits.
new text end
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(a) An employee who receives initial approval under
subdivision 3 shall complete at least 32 weeks of treatment for the employee's diagnosed
mental illness, as provided under this subdivision, before a final determination can be made
under subdivision 6. Treatment shall be at the direction of a licensed psychologist or
psychiatrist using treatment modalities indicated for the treatment of the diagnosed mental
illness. The employer shall pay for the treatment costs and may seek reimbursement as
provided under paragraph (e).
new text end
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(b) The employee's mental health care provider must assess the employee's progress in
treatment monthly and at the end of the 32 weeks, including any change to the employee's
ability to return to the position held by the employee on the date of injury or at the onset of
the mental illness, or to another position with the employer which produces an economic
status as close as possible to, or better than, the economic status the employee would have
enjoyed before the date of injury or onset of mental illness. A final determination under
subdivision 6 must be supported by a report from the employee's mental health provider
containing an opinion about the employee's prognosis, the duration of the disability, and
the expectations for improvement following the treatment. A report that does not contain
and support a finding that the employee's disability as a result of a psychological condition
will last for at least 12 months may not be relied upon to support final approval of duty
disability benefits.
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(c) The employee may return to work prior to the completion of the 32 weeks of treatment
if the employee's mental health care provider determines that the employee is medically
able to do so.
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(d) The employee may return to light duty assignments prior to the completion of the
32 weeks of treatment, if deemed medically appropriate by the employee's mental health
care provider and with the employer's approval.
new text end
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(e) An employer may annually apply by August 1 for the preceding fiscal year to the
commissioner of public safety for reimbursement of the treatment costs incurred by the
employer under this subdivision and subdivision 7. An employer must apply for this
reimbursement in the form and manner specified by the commissioner of public safety.
new text end
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(f) Notwithstanding any law to the contrary, an employee who is cleared to return to
work or light duty under paragraph (c) or (d) is presumed to be fit for duty. An employer
may not request a fitness for duty exam or deny the employee's return to work or light duty
except upon a showing of substantial factors to rebut the presumption.
new text end
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(a) For an employee receiving treatment
under subdivision 4 or 7, an employer shall continue:
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(1) to pay the employee's full wages or salary, including any employer contribution to
health care and retirement benefits;
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(2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury under the
employer's group health plan; and
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(3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
new text end
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(b) Nothing in paragraph (a): (1) prevents an employer from providing benefits in addition
to those required by this section; or (2) otherwise affects an employee's rights with respect
to any other employment benefit.
new text end
new text begin
(c) An employer subject to this subdivision may annually apply by August 1 for the
preceding fiscal year to the commissioner of public safety for reimbursement of:
new text end
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(1) the costs incurred to continue wages and benefits as required under this subdivision;
and
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(2) the wage-related costs incurred to backfill a position for the period of treatment
required for an employee under subdivision 4 or 7.
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(d) An employer must apply for the reimbursement in the form and manner specified
by the commissioner of public safety.
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(a) Following completion
of treatment under subdivision 4, the association shall review an employee's application for
duty disability as provided under section 353.031, confirm the treatment requirements are
satisfied, and make one of the following determinations:
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(1) continue the initial approval for an additional eight weeks for the employee to
complete additional treatment, as provided under subdivision 7;
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(2) deny the employee's application for duty disability because the employee is able to
return to employment in the position held by the employee on the date of injury or at the
onset of the mental illness, or to another position with the employer which produces an
economic status as close as possible to, or better than, the economic status the employee
would have enjoyed before the date of injury or onset of the mental illness, or because the
employee is otherwise determined to be ineligible under section 353.031; or
new text end
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(3) determine the employee is eligible under section 353.031 and approve the employee's
application for duty disability, at which time the employee may start to receive duty disability
benefits as provided under this chapter and any related benefits stemming from a
determination of duty disability.
new text end
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(b) Following completion of the additional treatment under subdivision 7, if applicable,
the association shall confirm the treatment requirements are satisfied, review any updates
to the employee's application for duty disability, and issue a final approval or denial, as
provided under paragraph (a), clauses (2) and (3).
new text end
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(c) Notwithstanding any law to the contrary, an employee determined to be able to return
to employment as provided under paragraph (a), clause (2), is presumed to be fit for duty.
An employer must not request a fitness for duty exam or deny the employee's return to work
except upon a showing of substantial factors to rebut the presumption.
new text end
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(a) If, after completing the treatment required under
subdivision 4, the mental health care provider's report determines that the employee is
making progress in treatment, and the employee's prognosis is expected to further improve
with additional treatment, the association shall continue the employee's initial approval
under subdivision 6, clause (1), and the employee shall complete up to an additional eight
weeks of treatment as provided under this subdivision.
new text end
new text begin
(b) Treatment shall be at the direction of a licensed psychologist or psychiatrist using
treatment modalities indicated for the treatment of the employee's diagnosed mental illness.
The employer shall pay for the treatment costs and may seek reimbursement as provided
under subdivision 4, paragraph (e).
new text end
new text begin
(c) The employee's mental health care provider must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of injury or at the onset of the mental illness,
or to another position with the employer which produces an economic status as close as
possible to, or better than, the economic status the employee would have enjoyed before
the date of injury or onset of mental illness. A final determination under subdivision 6 must
be supported by an updated report from the employee's mental health care provider containing
an opinion about the employee's prognosis, the duration of the disability, and the expectations
for improvement following the additional treatment. An updated report that does not contain
and support a finding that the employee's disability as a result of a psychological condition
will last for at least 12 months must not be relied upon to support final approval of duty
disability benefits.
new text end
new text begin
(d) The employee may return to work prior to the completion of the eight weeks of
treatment, if the employee's mental health care provider determines that the employee is
medically able to do so.
new text end
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(e) The employee may return to light duty assignments prior to the completion of the
eight weeks of treatment, if deemed medically appropriate by the employee's mental health
care provider and with the employer's approval.
new text end
new text begin
(f) Notwithstanding any law to the contrary, an employee who is cleared to return to
work or light duty under paragraph (d) or (e) is presumed to be fit for duty. An employer
must not request a fitness for duty exam or deny the employee's return to work or light duty
except upon a showing of substantial factors to rebut the presumption.
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(a) The board must create
learning objectives to prepare peace officers for the stressful and traumatic events that are
common to policing and teach officers methods to process and cope with the stress and
trauma inherent to policing. The learning objectives must be updated as the board considers
appropriate.
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(b) The commissioner of public safety, in consultation with the board, must create a
training course that incorporates each of the learning objectives established by the board
under paragraph (a).
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(a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of a professional peace officer
education program.
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(b) A person is not eligible to take the peace officer licensing examination after July 1,
2024, unless the individual has received the training described in paragraph (a).
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Beginning July 1, 2023, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service wellness
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. Each
peace officer with a license renewal date after June 30, 2023, is not required to complete
this training until the officer's next full three-year licensing cycle.
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The head of each local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The written records are subject to periodic review by the board and must be
made available to the board at its request.
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(a) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety for the purposes of Minnesota Statutes, sections 352B.102 and 353.032,
including reimbursing employers for the costs of treatment, payment of continued wages
and benefits, and backfilling positions. The base in fiscal year 2024 and beyond is $........
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(b) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety for the purpose of reimbursing employers under Minnesota Statutes, section
299A.465, subdivision 4. This appropriation is available until June 30, 2024. The base in
fiscal year 2024 and beyond is $........
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