Minnesota Legislature
HF 4162
3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 3rd Engrossment
2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 3.1 3.2
3.3 3.4
3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5
6.6
6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23
6.24
6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20
7.21
7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5
8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15
8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23
8.24 8.25 8.26 8.27 8.28
8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21
10.22 10.23 10.24 10.25
10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13
11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3
12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23
12.24 12.25 12.26 12.27
12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3
13.4 13.5 13.6 13.7 13.8
13.9 13.10 13.11 13.12 13.13
13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18
14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22
15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17
17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21
18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11
19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12
20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28
20.29
20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13
21.14
21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25
21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28
22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25
23.26 23.27
23.28 23.29 23.30 23.31 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16
24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28
24.29
24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7
25.8 25.9 25.10 25.11 25.12 25.13 25.14
25.15 25.16
25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11 28.12
28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25
28.26
28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14
29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17
30.18
30.19 30.20 30.21 30.22 30.23
30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15
31.16
31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28
32.29
33.1 33.2
33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34
34.1 34.2
34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14
34.15
34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27
34.28
34.29 35.1 35.2 35.3 35.4 35.5 35.6
35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17
35.18
35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22
36.23
36.24 36.25 36.26 36.27 36.28
36.29
36.30 36.31
36.32 36.33 37.1 37.2 37.3
37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11
37.12
37.13 37.14 37.15
37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26
37.27
37.28 37.29 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9
38.10
38.11 38.12 38.13 38.14 38.15 38.16 38.17
38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29
38.30
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12
39.13 39.14
39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26
39.27
39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7
40.8
40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20
40.21
40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30
41.1
41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12
41.13
41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25
41.26 41.27
41.28 41.29 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10
42.11
42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22
42.23
42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3
43.4
43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16
43.17
43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29
43.30
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9
44.10
44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21
44.22
44.23 44.24 44.25 44.26 44.27 44.28 44.29 45.1 45.2 45.3 45.4
45.5 45.6
45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15
45.16 45.17
45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28
45.29
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10
46.11
46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22
46.23 46.24
46.25 46.26 46.27 46.28 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8
47.9 47.10
47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22
47.23
47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3
48.4
48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14
48.15 48.16
48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26
48.27 48.28 48.29 48.30 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12
49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14
50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8
51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22
51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13
52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27
52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7
53.8 53.9
53.10 53.11
53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10
55.11 55.12 55.13 55.14
55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30
57.31 57.32 57.33 57.34 57.35 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15
58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34
58.35
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11
59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21
60.22
60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22
61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29
63.30 63.31
64.1 64.2
64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22
64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 65.1 65.2 65.3 65.4 65.5 65.6
65.7 65.8 65.9
65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 66.1 66.2 66.3 66.4 66.5 66.6
66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30
67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12
67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11
68.12 68.13
68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4
69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26
73.27 73.28 73.29 73.30 73.31 73.32 73.33 74.1 74.2
74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13
74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22
74.23 74.24 74.25 74.26 74.27 74.28 74.29 75.1 75.2
75.3 75.4 75.5 75.6 75.7
75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2
77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15
77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16
78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26
78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2
79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15
79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31
79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13
80.14 80.15 80.16 80.17
80.18 80.19 80.20 80.21 80.22
80.23 80.24 80.25 80.26 80.27 80.28
80.29 80.30 80.31 80.32
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9
81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20
81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31
81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 82.36 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10
83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22
83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 84.1 84.2 84.3 84.4
84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17
84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32
84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8
85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19
85.20 85.21 85.22 85.23
85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3
86.4
86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17
86.18
86.19 86.20
86.21 86.22
86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 87.1
87.2
87.3 87.4 87.5 87.6 87.7
87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15
87.16 87.17
87.18 87.19
87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11
88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28
88.29 88.30 89.1 89.2 89.3 89.4 89.5
89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 90.34 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28
94.29 94.30 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 97.1 97.2 97.3
97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24
97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13
98.14
98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11
99.12
99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8
100.9
100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20
100.21
100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3
102.4
102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16
102.17
102.18 102.19
102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3
103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19
103.20 103.21 103.22 103.23 103.24 103.25 103.26
104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10
104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28
104.29 104.30 105.1 105.2
105.3 105.4
105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14
105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26
105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13
107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17
108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 109.36 110.1 110.2 110.3 110.4 110.5 110.6
110.7
110.8 110.9 110.10 110.11 110.12 110.13
110.14 110.15 110.16 110.17
110.18 110.19
110.20 110.21
110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8
113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18
114.19 114.20
114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12
115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 117.36
118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14
118.15 118.16 118.17 118.18 118.19 118.20 118.21
118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 119.36 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 120.36 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30
121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5
122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22
122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 123.35 123.36 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27
125.28 125.29 125.30 125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15
126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 127.36 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 128.36 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34
129.35
130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36
131.1
131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12
131.13
131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24
131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 132.36 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28
133.29
133.30 133.31 133.32 133.33 133.34 133.35 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17
134.18 134.19 134.20
134.21 134.22
134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 135.36 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11
136.12 136.13 136.14 136.15 136.16
136.17
136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 138.36 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 139.36 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17
140.18
140.19 140.20 140.21 140.22 140.23
140.24
140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33
141.1
141.2 141.3 141.4 141.5 141.6 141.7 141.8
141.9
141.10 141.11 141.12 141.13 141.14 141.15
141.16
141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7
142.8
142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20
142.21
142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9
143.10
143.11 143.12 143.13 143.14 143.15
143.16
143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 144.36 144.37 145.1 145.2 145.3 145.4
145.5
145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15
146.16
146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25
146.26
146.27 146.28 146.29 146.30 146.31 146.32 146.33 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10
147.11
147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19
147.20
147.21 147.22 147.23 147.24 147.25 147.26 147.27
147.28
147.29 147.30 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18
149.19
149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33
149.34
150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27
150.28
150.29 150.30 150.31 150.32 150.33 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25
152.26
152.27 152.28 152.29 152.30 152.31
152.32
152.33 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21
153.22 153.23 153.24 153.25 153.26 153.27 153.28
153.29 153.30 153.31 153.32 153.33 153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26
154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 155.1 155.2 155.3 155.4 155.5
155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33
156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 157.36 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 159.36 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 160.36 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 161.36 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25
162.26
162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4 163.5 163.6 163.7
163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 164.36 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 165.36 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16
166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10
168.11 168.12
168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25
169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9
171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 173.35 173.36 174.1 174.2 174.3
174.4
174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16
174.17
174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 175.1 175.2
175.3 175.4 175.5
175.6 175.7
175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25
175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34
176.35 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 177.36 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24
178.25 178.26 178.27
178.28 178.29
178.30 178.31 178.32 178.33 178.34 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12
179.13
179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 179.35 180.1 180.2 180.3
180.4
180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 181.36 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6
183.7
183.8 183.9 183.10 183.11 183.12 183.13
183.14
183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25
183.26
183.27 183.28 183.29 183.30 183.31
184.1
184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12
184.13 184.14
184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10
185.11
185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30
186.31
186.32 186.33 186.34 186.35 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13
187.14
187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30
187.31
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16
188.17
188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29
188.30
188.31 188.32 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32
189.33
189.34 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 190.35 190.36 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 191.35 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 192.33 192.34 192.35 192.36 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 193.35 194.1 194.2 194.3 194.4 194.5
194.6
194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24
194.25
194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3 195.4 195.5
195.6
195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23
195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34
196.1
196.2 196.3
196.4 196.5
196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 196.34 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 197.35 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24
198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13
199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 199.35 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 200.35 200.36 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13
201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34 202.35 202.36 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 203.36 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 204.36 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 205.35 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 206.35 206.36 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 208.35 208.36 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8
209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13
210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23
210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10
211.11 211.12 211.13 211.14 211.15
211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31
211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34 212.35 212.36 213.1 213.2 213.3 213.4
213.5 213.6 213.7 213.8 213.9 213.10 213.11
213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33
214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20
214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15
215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 216.1 216.2 216.3 216.4
216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 216.35 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23
217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 217.34 217.35
218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12
218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27
218.28 218.29 218.30 218.31 218.32 218.33 218.34 219.1 219.2 219.3 219.4 219.5
219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 219.35 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18
220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34 221.35 221.36 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 223.34 223.35 223.36 224.1 224.2
224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14
224.15 224.16 224.17 224.18 224.19 224.20
224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 225.34 225.35 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17
226.18
226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31
226.32 226.33 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 227.33 227.34 227.35 227.36 228.1 228.2 228.3 228.4
228.5
228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25
228.26 228.27 228.28 228.29 228.30 228.31 228.32 228.33 228.34 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 229.33 229.34 229.35 229.36 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 230.35 230.36 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21
231.22
231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 231.34 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33 232.34 232.35 232.36 233.1 233.2
233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 233.35 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 234.33 234.34 234.35 234.36 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31
235.32
235.33 235.34 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14
237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26
237.27
237.28 237.29 237.30 237.31 237.32 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20
238.21
238.22 238.23 238.24 238.25 238.26 238.27 238.28
238.29
238.30 238.31 238.32
239.1 239.2 239.3 239.4
239.5 239.6
239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20
239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15
241.16
241.17 241.18
241.19 241.20 241.21 241.22 241.23 241.24 241.25 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16
242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 249.34 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 250.34 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9
253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 254.1 254.2 254.3 254.4 254.5 254.6 254.7
254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27
254.28 254.29 254.30 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23
255.24 255.25 255.26 255.27 255.28 255.29 255.30 256.1 256.2
256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11
256.12
256.13 256.14 256.15 256.16 256.17 256.18
256.19
256.20 256.21 256.22
A bill for an act
relating to the financing of state government; making supplemental
appropriations for early childhood and family prekindergarten through grade 12,
and postsecondary education; environment, natural resources, and agriculture;
clean water legacy; economic development, transportation; public safety; state
government; veterans affairs; miscellaneous health and human services; health
care federal compliance; children and families federal compliance; assisted
living; long-term care; modifying certain statutory provisions and laws; providing
for certain programs; fixing and limiting fees; authorizing rulemaking; requiring
reports; appropriating money; amending Minnesota Statutes 2004, sections
43A.17, subdivision 4; 62A.045; 62S.05, by adding a subdivision; 62S.08,
subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding
a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24,
subdivisions 1, 3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding
a subdivision; 62S.26; 62S.266, subdivision 2; 62S.29, subdivision 1; 62S.30;
84.0835, subdivision 3; 85.32, subdivision 1; 97A.028, subdivision 3; 114D.30,
subdivision 2, as added; 119B.13, by adding a subdivision; 123B.57, subdivision
6; 124D.518, subdivision 4; 124D.52, subdivision 1; 125A.27, subdivisions
7, 8, 11, 15, 18; 125A.29; 125A.30; 125A.32; 125A.33; 125A.48; 136A.101,
subdivision 8; 136A.15, subdivision 9; 136A.1701, subdivisions 4, 7; 137.022,
subdivision 4; 137.17, subdivisions 1, 3; 144.0724, subdivisions 3, 4; 144.6501,
subdivision 6; 144A.071, subdivisions 4a, 4c; 144A.10, by adding a subdivision;
144A.161, subdivisions 1, 2, 3, 4, 5, 5a, 5c, 6, 8, by adding a subdivision;
144A.4605; 144D.01, by adding a subdivision; 144D.015; 144D.02; 144D.03,
subdivision 2, by adding a subdivision; 144D.04; 144D.05; 144D.065; 181.101;
216C.41, subdivision 4; 256.01, by adding a subdivision; 256B.02, subdivision
9; 256B.056, subdivision 2, by adding subdivisions; 256B.0595, subdivisions
1, 3, 4; 256B.0625, subdivision 20; 256B.0945, subdivision 1; 256B.431, by
adding a subdivision; 256B.434, by adding subdivisions; 256B.437, subdivision
3; 256B.438, subdivision 4; 256B.69, subdivision 9, by adding a subdivision;
256B.76; 256J.021; 256J.626, subdivision 2; 256L.04, subdivision 10; 256L.11,
by adding a subdivision; 256L.17, subdivision 2; 326.105; 469.334, subdivisions
1, 4; 518.551, subdivision 7; Minnesota Statutes 2005 Supplement, sections
35.05; 119B.13, subdivisions 1, 7; 121A.19; 124D.111, subdivision 1; 124D.135,
subdivision 1; 124D.175; 124D.531, subdivision 1; 125A.28; 144.1476,
subdivision 4; 144A.071, subdivision 1a; 216C.41, subdivision 3; 256B.0571;
256B.0595, subdivision 2; 256B.06, subdivision 4; 256B.0918, subdivisions 1, 3,
4; 256B.0946, subdivision 1; 256B.434, subdivision 4; 256B.5012, subdivision
6; 256B.69, subdivision 23; 256D.03, subdivision 3; 256L.03, subdivision
5; 299A.641, subdivision 3; 299A.78; Laws 1998, chapter 404, section 15,
subdivision 2, as amended; Laws 2005, chapter 136, article 1, section 10; Laws
2005, First Special Session chapter 1, article 2, section 3, subdivision 2; article
3, section 2, subdivision 4; Laws 2005, First Special Session chapter 4, article
7, section 55; article 9, section 5, subdivision 8; Laws 2005, First Special
Session chapter 5, article 1, sections 47; 54, subdivisions 2, 3, 5, 6, 7, 8; article
2, section 84, subdivisions 2, 3, 4, 6, 7, 10; article 3, section 18, subdivisions 2,
3, 4, 5, 6, 7; article 4, section 25, subdivisions 2, 3, 4, 6; article 5, section 17,
subdivisions 2, 3; article 6, section 1, subdivisions 2, 3, 5; article 7, section 20,
subdivisions 2, 3, 4; article 8, section 8, subdivisions 2, 3, 5; proposing coding
for new law in Minnesota Statutes, chapters 4; 16E; 43A; 62S; 85; 116J; 116U;
120B; 122A; 124D; 144; 144A; 144D; 197; 245; 256; 256B; 256D; 299A; 341;
proposing coding for new law as Minnesota Statutes, chapter 144G; repealing
Minnesota Statutes 2004, sections 62J.694; 116J.543; 137.17, subdivisions 2, 4;
144.395; 245.465, subdivision 2; 256B.0945, subdivisions 5, 6, 7, 8, 9; 256B.83;
Minnesota Statutes 2005 Supplement, section 256B.0571, subdivisions 2, 5,
11; Minnesota Rules, part 4668.0215.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SUMMARY
Section 1. new text begin APPROPRIATIONS SUMMARY.
|
||||||
|
new text begin
(General Fund Only, Excluding Forecast Adjustments) new text end |
||||||
|
new text begin
APPROPRIATIONS new text end |
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
|||
|
new text begin
Early Childhood Education new text end |
new text begin
$ new text end |
new text begin
124,000 new text end |
new text begin
$ new text end |
new text begin
14,926,000 new text end |
new text begin
$ new text end |
new text begin
15,050,000 new text end |
|
new text begin
K-12 Education new text end |
new text begin
5,469,000 new text end |
new text begin
2,764,000 new text end |
new text begin
8,233,000 new text end |
|||
|
new text begin
Higher Education new text end |
new text begin
5,000,000 new text end |
new text begin
5,000,000 new text end |
||||
|
new text begin
Environment & Agriculture new text end |
new text begin
577,000 new text end |
new text begin
1,838,000 new text end |
new text begin
2,415,000 new text end |
|||
|
new text begin
Clean Water Legacy new text end |
new text begin
15,000,000 new text end |
new text begin
15,000,000 new text end |
||||
|
new text begin
Economic Development new text end |
new text begin
29,552,000 new text end |
new text begin
29,552,000 new text end |
||||
|
new text begin
Transportation new text end |
new text begin
692,000 new text end |
new text begin
692,000 new text end |
||||
|
new text begin
Public Safety new text end |
new text begin
3,846,000 new text end |
new text begin
15,774,000 new text end |
new text begin
19,620,000 new text end |
|||
|
new text begin
State Government new text end |
new text begin
2,422,000 new text end |
new text begin
2,422,000 new text end |
||||
|
new text begin
Veterans Affairs new text end |
new text begin
250,000 new text end |
new text begin
3,230,000 new text end |
new text begin
3,480,000 new text end |
|||
|
new text begin
Health & Human Services new text end |
new text begin
30,989,000 new text end |
new text begin
75,663,000 new text end |
new text begin
106,652,000 new text end |
|||
|
new text begin
SUBTOTAL new text end |
new text begin
$ new text end |
new text begin
41,255,000 new text end |
new text begin
$ new text end |
new text begin
166,861,000 new text end |
new text begin
$ new text end |
new text begin
208,116,000 new text end |
|
new text begin
CANCELLATIONS new text end |
new text begin
250,000 new text end |
new text begin
250,000 new text end |
||||
|
new text begin
TRANSFERS IN new text end |
new text begin
2,933,000 new text end |
new text begin
2,933,000 new text end |
||||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
38,072,000 new text end |
new text begin
$ new text end |
new text begin
166,861,000 new text end |
new text begin
$ new text end |
new text begin
204,933,000 new text end |
ARTICLE 2
EARLY CHILDHOOD EDUCATION
Section 1. new text begin EARLY EDUCATION APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2005, First Special
Session chapter 4, article 9, or other law to the agencies and for the purposes specified
in this article. The appropriations are from the general fund or another named fund and
are available for the fiscal years indicated for each purpose. The figures "2006" and
"2007" used in this article mean that the addition to or subtraction from the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. "The first year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
new text begin Subdivision 1. new text end
new text begin
Summary
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
124,000 new text end |
new text begin
$ new text end |
new text begin
14,926,000 new text end |
new text begin
$ new text end |
new text begin
15,050,000 new text end |
| new text begin new text end | new text begin new text end | new text begin new text end | ||||
new text begin Subd. 2. new text end
new text begin
Department of Human Services;
|
||||||
new text begin
(a) For child care assistance for eligible
families on the basic sliding fee waiting list
under Minnesota Statutes, section 119B.03,
subdivision 2, as of July 1, 2006.
new text end
|
new text begin
General Fund new text end |
new text begin
-0- new text end |
new text begin
3,842,000 new text end |
|
new text begin
(b) For basic sliding fee child care assistance grants in fiscal year 2007 new text end |
new text begin
-0- new text end |
new text begin
4,055,000 new text end |
||||
new text begin
The general fund base is increased
by $1,596,000 in fiscal year 2008 and
$1,732,000 in fiscal year 2009 for basic
sliding fee child care assistance grants.
new text end
|
new text begin
(c) For the state share of systems cost to implement the provider rate differential for accreditation new text end |
new text begin
-0- new text end |
new text begin
3,000 new text end |
||||
new text begin
(d) As determined by the commissioner,
counties may use up to six percent of either
calendar year 2008 or 2009 allocations under
Minnesota Statutes, section 119B.03, to
fund accelerated payments that may occur
during the preceding calendar year during
conversion to the automated child care
assistance program system. If conversion
occurs over two calendar years, counties
may use up to three percent of the combined
calendar year allocations to fund accelerated
payments. Funding advanced under this
subdivision shall be considered part of the
allocation from which it was originally
advanced for purposes of setting future
allocations under Minnesota Statutes, section
119B.03, subdivisions 6, 6a, 6b, and 8, and
shall include funding for administrative costs
under Minnesota Statutes, section 119B.15.
Notwithstanding the provisions of any
section to the contrary, this provision shall
sunset December 31, 2009.
new text end
new text begin
(e) Increased child care funds from the
federal Deficit Reduction Act of 2005 may
be allocated by the commissioner for the
basic sliding fee child care program.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 1, is
amended to read:
Subdivision 1.
Subsidy restrictions.
deleted text begin
(a)(i) Effective July 1, 2005, the commissioner
of human services shall modify the rate tables for child care centers published in
Department of Human Services Bulletin No. 03-68-07 so that in counties with regional or
statewide cells, the higher of the 100th percentile of the 2002 market rate survey data or
the rate currently identified in the bulletin will be the maximum rate. The rates established
in this clause will be considered as the previous year's rates for purposes of the increase in
item (iii), and shall be compared to the 100th percentile of current market rates.
deleted text end
deleted text begin
(ii) For the period between July 1, 2005, and through the full implementation of the
new rates under item (iii), the rates published in Department of Human Services Bulletin
No. 03-68-07 as adjusted by item (i) shall remain in effect.
deleted text end
deleted text begin (iii) deleted text end new text begin (a) new text end Beginningdeleted text begin January deleted text end new text begin July new text end 1, 2006, the maximum rate paid for child care
assistance in any county or multicounty region under the child care fund shall be the deleted text begin lesser
of the 75th percentile rate for like-care arrangements in the county or multicounty region
as surveyed by the commissioner or the previous year'sdeleted text end rate for like-care arrangements in
the county new text begin effective January 1, 2006, new text end increased by percent.
deleted text begin (iv) deleted text end new text begin (b) new text end Rate changes shall be implemented for services provided in deleted text begin March
deleted text end new text begin September new text end 2006 unless a participant eligibility redetermination or a new provider
agreement is completed between deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, and deleted text begin February 28deleted text end new text begin August 31new text end , 2006.
deleted text begin deleted text end
As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.
New cases approved on or after deleted text begin Januarydeleted text end new text begin July new text end 1, 2006, shall have the maximum rates
underdeleted text begin item (iii)deleted text end new text begin paragraph (a), new text end implemented immediately.
deleted text begin (b)deleted text end new text begin (c) new text end Not less than once every two years, the commissioner shall survey rates
charged by child care providers in Minnesota to determine the 75th percentile for
like-care arrangements in counties. When the commissioner determines that, using the
commissioner's established protocol, the number of providers responding to the survey is
too small to determine the 75th percentile rate for like-care arrangements in a county or
multicounty region, the commissioner may establish the 75th percentile maximum rate
based on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
deleted text begin (c)deleted text end new text begin (d) new text end A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.
deleted text begin (d)deleted text end new text begin (e) new text end The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and handicapped care.
deleted text begin (e)deleted text end new text begin (f) new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 119B.13, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Provider rate differential for accreditation. new text end
new text begin
A family child care
provider or child care center shall be paid a 15 percent differential above the maximum rate
established in subdivision 1, up to the actual provider rate, if the provider or center holds a
current early childhood development credential or is accredited. For a family child care
provider, early childhood development credential and accreditation includes an individual
who has earned a child development associate degree, a diploma in child development from
a Minnesota state technical college, or a bachelor's degree in early childhood education
from an accredited college or university, or who is accredited by the National Association
for Family Child Care or the Competency Based Training and Assessment Program. For a
child care center, accreditation includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the National Early Childhood
Program Accreditation, the National School-Age Care Association, or the National Head
Start Association Program of Excellence. For Montessori programs, accreditation includes
the American Montessori Society, Association of Montessori International-USA, or the
National Center for Montessori Education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2006.new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 119B.13, subdivision 7, is
amended to read:
Subd. 7.
Absent days.
new text begin (a) new text end Child care providers may not be reimbursed for more
than 25 new text begin full-day new text end absent days per child, excluding holidays, in a fiscal year, or for more than
ten consecutive new text begin full-day new text end absent days, unless the child has a documented medical condition
that causes more frequent absences. Documentation of medical conditions must be on
the forms and submitted according to the timelines established by the commissioner.new text begin If a
child attends for part of the time authorized to be in care in a day, but is absent for part of
the time authorized to be in care in that same day, the absent time will be reimbursed but
the time will not count toward the ten consecutive or 25 cumulative absent day limits.
If a child attends part of an authorized day, payment to the provider must be for the full
amount of care authorized for that day. Child care providers may only be reimbursed for
absent days if the provider has a written policy for child absences and charges all other
families in care for similar absences.
new text end
new text begin
(b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten consecutive or
25 cumulative absent day limits.
new text end
new text begin
(c) A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.
new text end
new text begin
(d) The provider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has used 15
cumulative absent days. Upon statewide implementation of the Minnesota Electronic
Child Care System, the provider and family authorization for a family and ongoing
notification of the number of absent days used as of the date of the notification.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 121A.19, is amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
Each school year, the state must pay a district deleted text begin $50deleted text end for each deleted text begin three-year-old child
screened; $40 for each four-year-old child screened; and $30 for each five-year-olddeleted text end childnew text begin
or studentnew text end screened by the district deleted text begin prior to kindergartendeleted text end according to the requirements of
section 121A.17. new text begin The amount of state aid for each child or student screened shall be: (1)
$50 for a child screened at age three; (2) $40 for a child screened at age four; (3) $30
for a child screened at age five or six prior to kindergarten; and (4) $30 for a student
screened within 30 days after first enrolling in a public school kindergarten if the student
has not previously been screened according to the requirements of section 121A.17. new text end If this
amount of aid is insufficient, the district may permanently transfer from the general fund
an amount that, when added to the aid, is sufficient.new text begin Developmental screening aid shall not
be paid for any student who is screened more than 30 days after the first day of attendance
at a public school kindergarten, except if a student transfers to another public school
kindergarten within 30 days after first enrolling in a Minnesota public school kindergarten
program. In this case, if the student has not been screened, the district to which the student
transfers may receive developmental screening aid for screening that student when the
screening is performed within 30 days of the transfer date.
new text end
Sec. 6.
new text begin
[124D.129] EDUCATE PARENTS PARTNERSHIP.
new text end
new text begin
The commissioner may work in partnership with health care providers and
community organizations to provide parent information to parents of newborns at the
time of birth. The commissioner may coordinate the partnership and the distribution of
informational material to the parents of newborns before they leave the hospital with
early childhood organizations, including, but not limited to, early childhood family
education, child care resource and referral, and interagency early intervention committees.
The commissioner may develop a resource Web site that promotes, at a minimum, the
department Web site for information and links to resources on child development, parent
education, child care, and consumer safety information.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 124D.135, subdivision 1, is
amended to read:
Subdivision 1.
Revenue.
The revenue for early childhood family education
programs for a school district equals deleted text begin $96 for fiscal year 2005 and $104deleted text end new text begin $112new text end for fiscal year
deleted text begin 2006deleted text end new text begin 2007new text end and later, times the greater of:
(1) 150; or
(2) the number of people under five years of age residing in the district on October 1
of the previous school year.
Sec. 8.
new text begin
[124D.162] KINDERGARTEN READINESS ASSESSMENT.
new text end
new text begin
The commissioner of education may implement a kindergarten readiness assessment
representative of incoming kindergartners. The assessment must be based on the
Department of Education Kindergarten Readiness Assessment at kindergarten entrance
study.
new text end
Sec. 9.
Minnesota Statutes 2005 Supplement, section 124D.175, is amended to read:
124D.175 MINNESOTA EARLY LEARNING FOUNDATION deleted text begin PROPOSALdeleted text end .
(a) The commissioner must new text begin make a grant to the Minnesota Early Learning
Foundation to new text end implement an early childhood development grant program for low-income
and other challenged families that increases the effectiveness and expands the capacity of
public and nonpublic early childhood development programs, which may include child
care programs, and leads to improved early childhood parent education and children's
kindergarten readiness. The program must include:
(1) grant awards to existing early childhood development program providers that
also provide parent education programs and to qualified providers proposing to implement
pilot programs for this same purpose;
(2) grant awards to enable low-income families to participate in these programs;
(3) grant awards to improve overall programmatic quality; and
(4) an evaluation of the programmatic and financial efficacy of all these programs,
which may be performed using measures of services, staffing, and management systems
that provide consistent information about system performance, show trends, confirm
successes, and identify potential problems in early childhood development programs.
This grant program must not supplant existing early childhood development programs
or child care funds.
(b) The commissioner must deleted text begin contract withdeleted text end new text begin make a grant to new text end a private nonprofit, section
501(c)(3) organization to implement the requirements of paragraph (a). The private
nonprofit organization must be governed by a board of directors composed of members
from the public and nonpublic sectors, where the nonpublic sector members compose a
simple majority of board members and where the public sector members are state and local
government officials, kindergarten through grade 12 or postsecondary educators, and early
childhood providers appointed by the governor. Membership on the board of directors
by a state agency official are work duties for the official and are not a conflict of interest
under section 43A.38. The board of directors must appoint an executive director and must
seek advice from geographically and ethnically diverse parents of young children and
representatives of early childhood development providers, kindergarten through grade 12
and postsecondary educators, public libraries, and the business sector.
The board of directors is subject to the open meeting law under chapter 13D.
All other terms and conditions under which board members serve and operate must be
described in the articles and bylaws of the organization. The private nonprofit organization
is not a state agency and is not subject to laws governing public agencies except the
provisions of chapter 13, salary limits under section 15A.0815, subdivision 2, and audits
by the legislative auditor under chapter 3 apply.
(c) new text begin In addition to the duties under paragraph (a), the Minnesota Early Learning
Foundation (MELF) shall evaluate the effectiveness of the voluntary NorthStar Quality
Improvement and Rating System. The NorthStar Quality Improvement and Rating System
must:
new text end
new text begin
(1) provide consumer information for parents on child care and early education
program quality and ratings;
new text end
new text begin
(2) set indicators to identify quality in care and early education settings, including
licensed family child care and centers, tribal providers and programs, Head Start and
school-age programs, and identify quality programs through ratings and ongoing
monitoring of programs;
new text end
new text begin
(3) provide funds for provider improvement grants and quality achievement grants;
new text end
new text begin
(4) require participating providers to incorporate the state's early learning standards
in their curriculum activities and develop appropriate child assessments aligned with the
kindergarten readiness assessment;
new text end
new text begin
(5) provide accountability for the NorthStar Quality Improvement and Rating
System's effectiveness in improving child outcomes and kindergarten readiness; and
new text end
new text begin
(6) align current and new state investments to improve the quality of child care
with the NorthStar Quality Improvement and Rating System framework, by providing
accountability and informed parent choice.
new text end
new text begin
The Minnesota Early Learning Foundation shall report back to the legislature by
January 15, 2008, on the progress being made under this paragraph.
new text end
new text begin (d) new text end This section expires June 30, 2011. If no state appropriation is made for purposes
of this section, the commissioner must not implement paragraphs (a) and (b).
Sec. 10.
Minnesota Statutes 2004, section 124D.518, subdivision 4, is amended to read:
Subd. 4.
First prior program year.
"First prior program year" means the deleted text begin period
from May 1 of the second prior fiscal year through April 30 of the first prior fiscal yeardeleted text end new text begin
specific time period defined by the commissioner that aligns to a program academic yearnew text end .
Sec. 11.
Minnesota Statutes 2004, section 124D.52, subdivision 1, is amended to read:
Subdivision 1.
Program requirements.
(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency certificate.
(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the
age of 21 or unable to pay. The fees charged must be designed to enable individuals of
all socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.
(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.
(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.
new text begin
(e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and competency demonstration
requirements established by the commissioner.
new text end
Sec. 12.
Minnesota Statutes 2005 Supplement, section 124D.531, subdivision 1,
is amended to read:
Subdivision 1.
State total adult basic education aid.
(a) The state total adult basic
education aid for fiscal year 2005 is $36,509,000. The state total adult basic education aid
for fiscal year 2006 deleted text begin and later is $36,509,000deleted text end new text begin equals $36,587,000new text end plus any amount that is
not paid for during the previous fiscal year, as a result of adjustments under subdivision 4,
paragraph (a), or section 124D.52, subdivision 3. new text begin The state total adult basic education
aid for fiscal year 2007 equals $37,673,000 plus any amount that is not paid for during
the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or
section 124D.52, subdivision 3. The state total adult basic education aid for later fiscal
years equals:
new text end
new text begin
(1) the state total adult basic education aid for the preceding fiscal year plus any
amount that is not paid for during the previous fiscal year, as a result of adjustments under
subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
new text end
new text begin
(2) the lesser of:
new text end
new text begin
(i) 1.03; or
new text end
new text begin
(ii) the greater of 1.00 or the ratio of the state total contact hours in the first prior
program year to the state total contact hours in the second prior program year.
new text end
Beginning in fiscal year 2002, two percent of the state total adult basic education
aid must be set aside for adult basic education supplemental service grants under section
124D.522.
(b) The state total adult basic education aid, excluding basic population aid, equals
the difference between the amount computed in paragraph (a), and the state total basic
population aid under subdivision 2.
Sec. 13.
Minnesota Statutes 2004, section 125A.27, subdivision 7, is amended to read:
Subd. 7.
Early intervention system.
"Early intervention system" means the total
effort in the state to meet the needs of eligible children and their familiesdeleted text begin , including,
but not limited to:deleted text end new text begin .
new text end
deleted text begin
(1) any public agency in the state that receives funds under the Individuals with
Disabilities Education Act, United States Code, title 20, sections 1471 to 1485 (Part
C, Public Law 102-119);
deleted text end
deleted text begin
(2) other state and local agencies administering programs involved in the provision
of early intervention services, including, but not limited to:
deleted text end
deleted text begin
(i) the Maternal and Child Health program under title V of the Social Security Act,
United States Code, title 42, sections 701 to 709;
deleted text end
deleted text begin
(ii) the Individuals with Disabilities Education Act, United States Code, title 20,
sections 1411 to 1420 (Part B);
deleted text end
deleted text begin
(iii) medical assistance under the Social Security Act, United States Code, title
42, section 1396 et seq.;
deleted text end
deleted text begin
(iv) the Developmental Disabilities Assistance and Bill of Rights Act, United States
Code, title 42, sections 6021 to 6030 (Part B); and
deleted text end
deleted text begin
(v) the Head Start Act, United States Code, title 42, sections 9831 to 9852; and
deleted text end
deleted text begin
(3) services provided by private groups or third-party payers in conformity with an
individualized family service plan.
deleted text end
Sec. 14.
Minnesota Statutes 2004, section 125A.27, subdivision 8, is amended to read:
Subd. 8.
Eligibility for Part C.
"Eligibility for Part C" means eligibility for early
childhood special education under section 125A.02 and Minnesota Rulesdeleted text begin , part 3525.2335,
subpart 1, items A and Bdeleted text end .
Sec. 15.
Minnesota Statutes 2004, section 125A.27, subdivision 11, is amended to read:
Subd. 11.
Interagency child find systems.
"Interagency child find systems"
means activities developed on an interagency basis with the involvement of interagency
early intervention committees and other relevant community groupsnew text begin using rigorous
standards new text end to actively seek out, identify, and refer infants and young childrennew text begin , new text end with, or at
risk of, disabilities, and their familiesnew text begin , including a child under the age of three who: (1)
is involved in a substantiated case of abuse or neglect, or (2) is identified as affected by
illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure, to
reduce the need for future servicesnew text end .
Sec. 16.
Minnesota Statutes 2004, section 125A.27, subdivision 15, is amended to read:
Subd. 15.
Part C state plan.
"Part C state plan" means the annual state plan
application approved by the federal government deleted text begin under the Individuals with Disabilities
Education Act, United States Code, title 20, section 1471 et seq. (Part C, Public Law
105-117)deleted text end .
Sec. 17.
Minnesota Statutes 2004, section 125A.27, subdivision 18, is amended to read:
Subd. 18.
State lead agency.
"State lead agency" means the state agency receiving
federal funds deleted text begin under the Individuals with Disabilities Education Act, United States Code,
title 20, section 1471 et seq. (Part H, Public Law 102-119)deleted text end new text begin for the purposes of providing
early intervention servicesnew text end .
Sec. 18.
Minnesota Statutes 2005 Supplement, section 125A.28, is amended to read:
125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end , section deleted text begin 682deleted text end new text begin 641new text end . The
members must be appointed by the governor. Council members must elect the council
chair. The representative of the commissioner may not serve as the chair. The council
must be composed of at least five parents, including persons of color, of children with
disabilities under age 12, including at least three parents of a child with a disability
under age seven, five representatives of public or private providers of services for
children with disabilities under age five, including a special education director, county
social service director, local Head Start director, and a community health services or
public health nursing administrator, one member of the senate, one member of the
house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, new text begin foster care,
mental health, homeless coordinator of education of homeless children and youth, new text end and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 5, apply to the council. The council must meet at least quarterly.
The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.
The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.
Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council expires on June 30, 2009.
Sec. 19.
Minnesota Statutes 2004, section 125A.29, is amended to read:
125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.
(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity withnew text begin :
new text end
new text begin (1) new text end an IFSP for each eligible infant and toddler from birth through age two and deleted text begin itsdeleted text end new text begin
the infant's or toddler's new text end familydeleted text begin ,deleted text end new text begin including:
new text end
new text begin
(i) American Indian infants and toddlers with disabilities and their families residing
on a reservation geographically located in the state;
new text end
new text begin
(ii) infants and toddlers with disabilities who are homeless children and their
families; and
new text end
new text begin (iii) infants and toddlers with disabilities who are wards of the state; new text end or
new text begin (2) new text end an individual education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.
(b) Appropriate services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology, psychological services,
special instruction, nursing, respite, nutrition, assistive technology, transportation
and related costs, social work, vision services, case management including service
coordination under section 125A.33, medical services for diagnostic and evaluation
purposes, early identification, and screening, assessment, and health services necessary to
enable children with disabilities to benefit from early intervention services.
(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:
(1) school boards must provide, pay for, and facilitate payment for special education
and related services required under sections 125A.05 and 125A.06;
(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).
(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.
(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
decision.
Sec. 20.
Minnesota Statutes 2004, section 125A.30, is amended to read:
125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.
(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:
(1) develop public awareness systems designed to inform potential recipient
familiesnew text begin , especially parents with premature infants, or infants with other physical risk
factors associated with learning or development complications, new text end of available programs
and services;
(2) new text begin to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, new text end implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities deleted text begin and their
familiesdeleted text end new text begin , including a child under the age of three who: (i) is involved in a substantiated
case of abuse or neglect or (ii) is identified as affected by illegal substance abuse, or
withdrawal symptoms resulting from prenatal drug exposurenew text end ;
(3) establish and evaluate the identification, referral, child and family assessment
systems, procedural safeguard process, and community learning systems to recommend,
where necessary, alterations and improvements;
(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families, and
individual education plans and individual service plans when necessary to appropriately
serve children with disabilities, age three and older, and their families and recommend
assignment of financial responsibilities to the appropriate agencies;
(5) deleted text begin encourage agencies to develop individual family service plans for children with
disabilities, age three and older;
deleted text end
deleted text begin (6)deleted text end implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;
deleted text begin (7)deleted text end new text begin (6)new text end facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;
deleted text begin (8)deleted text end new text begin (7)new text end identify the current services and funding being provided within the
community for children with disabilities under age five and their families;
deleted text begin (9)deleted text end new text begin (8)new text end develop a plan for the allocation and expenditure of additional state and
federal early intervention funds under United States Code, title 20, section 1471 et seq.
(Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) and United States Code, title 20, section 631, et
seq. (Chapter I, Public Law 89-313); and
deleted text begin (10)deleted text end new text begin (9)new text end develop a policy that is consistent with section 13.05, subdivision 9, and
federal law to enable a member of an interagency early intervention committee to allow
another member access to data classified as not public.
(c) The local committee shall also:
(1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities and
their families; and
(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.
Sec. 21.
Minnesota Statutes 2004, section 125A.32, is amended to read:
125A.32 INDIVIDUALIZED FAMILY SERVICE PLANnew text begin (IFSP)new text end .
(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
include:
(1) a parent or parents of the child;
(2) other family members, as requested by the parent, if feasible to do so;
(3) an advocate or person outside of the family, if the parent requests that the
person participate;
(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSPnew text begin and coordination with other agencies including transition
servicesnew text end ; and
(5) a person or persons involved in conducting evaluations and assessments.
(b) The IFSP must include:
(1) information about the child's developmental status;
(2) family information, with the consent of the family;
(3) new text begin measurable results or new text end major outcomes expected to be achieved by the child
deleted text begin and the familydeleted text end new text begin with the family's assistance,new text end that include new text begin developmentally appropriate
preliteracy and language skills for the child, and new text end the criteria, procedures, and timelines;
(4) specific early intervention services new text begin based on peer-reviewed research, to the
extent practicable, new text end necessary to meet the unique needs of the child and the family to
achieve the outcomes;
(5) payment arrangements, if any;
(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) including funding sources to be used in
paying for those services and the steps that will be taken to secure those services through
public or private sources;
(7) dates and duration of early intervention services;
(8) name of the service coordinator;
(9) steps to be taken to support a child's transition from early intervention services to
other appropriate servicesnew text begin , including convening a transition conference at least 90 days or,
at the discretion of all parties, not more than nine months before the child is eligible for
preschool servicesnew text end ; and
(10) signature of the parent and authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for early
intervention services.
Sec. 22.
Minnesota Statutes 2004, section 125A.33, is amended to read:
125A.33 SERVICE COORDINATION.
(a) The team developing the IFSP under section 125A.32 must select a service
coordinator to carry out service coordination activities on an interagency basis. Service
coordination must actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services to meet the family's
needs. Service coordination activities include:
(1) coordinating the performance of evaluations and assessments;
(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;
(3) assisting families in identifying available service providers;
(4) coordinating and monitoring the delivery of available services;
(5) informing families of the availability of advocacy services;
(6) coordinating with medical, health, and other service providers;
(7) facilitating the development of a transition plan at least 90 days before the time
the child is no longer eligible for early intervention servicesnew text begin ornew text end , new text begin at the discretion of all
parties, not more than nine months prior to the child's eligibility for preschool services,
new text end if appropriate;
(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and
(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.
(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.
Sec. 23.
Minnesota Statutes 2004, section 125A.48, is amended to read:
125A.48 STATE INTERAGENCY AGREEMENT.
(a) The commissioners of the Departments of Education, Health, and Human
Services must enter into an agreement to implement this section and Part deleted text begin Hdeleted text end new text begin Cnew text end , Public
Law deleted text begin 102-119deleted text end new text begin 108-446new text end , and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention service systems for serving
eligible young children with disabilities, birth through age two, and their familiesnew text begin and
to ensure the meaningful involvement of underserved groups, including children with
disabilities from minority, low-income, homeless, and rural families, and children with
disabilities who are wards of the statenew text end . The agreement must be reviewed annually.
(b) The state interagency agreement must outline at a minimum the conditions,
procedures, purposes, and responsibilities of the participating state and local agencies
for the following:
(1) membership, roles, and responsibilities of a state interagency committee for
the oversight of priorities and budget allocations under Part deleted text begin Hdeleted text end new text begin Cnew text end , Public Law deleted text begin 102-119deleted text end new text begin
108-446new text end , and other state allocations for this program;
(2) child find;
(3) establishment of local interagency agreements;
(4) review by a state interagency committee of the allocation of additional state and
federal early intervention funds by local agencies;
(5) fiscal responsibilities of the state and local agencies;
(6) intraagency and interagency dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards, including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection;
(13) an annual summary to the state Interagency Coordinating Council regarding
conflict resolution activities including disputes, due process hearings, and complaints; and
(14) other components of the state and local early intervention system consistent
with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end .
Written materials must be developed for parents, IEIC's, and local service providers
that describe procedures developed under this section as required by Code of Federal
Regulations, title 34, section 303.
Sec. 24.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
3, is amended to read:
Subd. 3. Early childhood family education aid. For early childhood family
education aid under Minnesota Statutes, section 124D.135:
| deleted text begin 14,356,000 deleted text end | ||||
| $ | new text begin 15,105,000 new text end | ....... | 2006 | |
| deleted text begin 15,137,000 deleted text end | ||||
| $ | new text begin 17,792,000 new text end | ....... | 2007 |
The 2006 appropriation includesdeleted text begin $1,861,000deleted text end new text begin $1,859,000new text end for 2005 anddeleted text begin $12,495,000deleted text end new text begin
$13,246,000new text end for 2006.
The 2007 appropriation includes deleted text begin $2,327,000deleted text end new text begin $1,471,000new text end for 2006 and deleted text begin $12,810,000deleted text end new text begin
$16,321,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
4, is amended to read:
Subd. 4. Health and developmental screening aid. For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
| deleted text begin 3,076,000 deleted text end | ||||
| $ | new text begin 3,000,000 new text end | ....... | 2006 | |
| deleted text begin 3,511,000 deleted text end | ||||
| $ | new text begin 2,997,000 new text end | ....... | 2007 |
The 2006 appropriation includes $417,000 for 2005 and deleted text begin $2,659,000deleted text end new text begin $2,583,000
new text end for 2006.
The 2007 appropriation includes deleted text begin $494,000deleted text end new text begin $287,000new text end for 2006 and deleted text begin $3,017,000deleted text end new text begin
$2,710,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26. new text begin ADULT LITERACY GRANTS FOR RECENT IMMIGRANTS TO
MINNESOTA.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
An adult literacy grant program for recent
immigrants to Minnesota is established in fiscal years 2007 and 2008 only in order to
meet the English language needs of the unanticipated refugees and immigrants to the
state of Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
The commissioner of education shall consult adult basic
education service providers in establishing the form and manner of the grant program.
The commissioner shall award grants to organizations providing adult literacy services in
order to help offset the additional costs due to unanticipated high enrollments of recent
refugees and immigrants.
new text end
Sec. 27. new text begin LEGISLATIVE COMMISSION TO END POVERTY IN MINNESOTA
BY 2020.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
The Legislative Commission to End Poverty in
Minnesota by 2020 consists of nine members of the senate appointed by the Subcommittee
on Committees of the Committee on Rules and Administration, including four members of
the minority, and nine members of the house of representatives appointed by the speaker,
including four members of the minority. Appointments must be made by members elected
to the 85th session of the legislature and no later than February 15, 2007. The governor
may appoint two nonvoting members to sit with the commission.
new text end
new text begin Subd. 2. new text end
new text begin Guiding principles. new text end
new text begin
In preparing recommendations on how to end poverty
in Minnesota by 2020, the commission must be guided by the following principles:
new text end
new text begin
(a) There should be a consistent and persistent approach that includes participation
of people of faith, nonprofit agencies, government, and business.
new text end
new text begin
(b) All people should be provided with those things that protect human dignity
and make for a healthy life, including adequate food and shelter, meaningful work, safe
communities, health care, and education.
new text end
new text begin
(c) All people are intended to live well together as a whole community, seeking the
common good, avoiding wide disparities between those who have too little to live on and
those who have a disproportionate share of the nation's goods.
new text end
new text begin
(d) All people need to work together to overcome poverty, and this work transcends
both any particular political theory or party and any particular economic theory or
structure. Overcoming poverty requires the use of private and public resources.
new text end
new text begin
(e) Alliances are needed between the faith community, nonprofit agencies,
government, business, and others with a commitment to overcoming poverty.
new text end
new text begin
(f) Overcoming poverty involves both acts of direct service to alleviate the outcomes
of poverty and advocacy to change those structures that result in people living in poverty.
new text end
new text begin
(g) Government is neither solely responsible for alleviating poverty nor removed
from that responsibility. Government is the vehicle by which people order their lives
based on their shared vision. Society is well served when people bring their values into
the public arena. This convergence around issues of poverty and the common good
leads people of varying traditions to call on government to make a critical commitment
to overcoming poverty.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commission shall report its recommendations on how to end
poverty in Minnesota by 2020 to the legislature by December 15, 2008.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
The commission expires December 31, 2008.
new text end
Sec. 28. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education, unless otherwise
specified, for the fiscal years designated.
new text end
new text begin Subd. 2. new text end
new text begin Educate parents partnership. new text end
new text begin
For the educate parents partnership under
Minnesota Statutes, section 124D.129:
new text end
|
new text begin
$ new text end |
new text begin
80,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
The base for this program in fiscal year 2008 and later is $50,000.
new text end
new text begin Subd. 3. new text end
new text begin
Kindergarten entrance assessment initiative and intervention
program.
new text end
new text begin
For the kindergarten entrance assessment initiative and intervention program
under Minnesota Statutes, section 124D.162:
new text end
|
new text begin
$ new text end |
new text begin
287,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin Subd. 4. new text end
new text begin Early childhood Part C. new text end
new text begin
For the expansion of early childhood Part C
services:
new text end
|
new text begin
$ new text end |
new text begin
400,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin Subd. 5. new text end
new text begin Adult literacy grants for recent immigrants. new text end
new text begin
For adult literacy grants for
recent immigrants to Minnesota under section 26:
new text end
|
new text begin
$ new text end |
new text begin
1,250,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
The base for this program is $1,250,000 in fiscal year 2008 and $0 in fiscal year 2009.
new text end
new text begin Subd. 6. new text end
new text begin NorthStar Quality Improvement and Rating System. new text end
new text begin
For a grant to the
Minnesota Early Learning Foundation for the NorthStar Quality Improvement and Rating
System under Minnesota Statutes, section 124D.175, paragraph (c):
new text end
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This appropriation must be used to implement phase one of the NorthStar Quality
Improvement and Rating System including start-up costs, participation of 200 providers,
parent information, and materials and evaluation by the Minnesota Early Learning
Foundation in consultation with the University of Minnesota.
new text end
new text begin
This onetime appropriation is available to June 30, 2008.
new text end
new text begin Subd. 7. new text end
new text begin Legislative Commission to End Poverty by 2020. new text end
new text begin
To the Legislative
Coordinating Commission for the Legislative Commission to End Poverty by 2020 under
section 27:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
ARTICLE 3
GENERAL EDUCATION
Section 1.
Laws 2005, First Special Session chapter 5, article 1, section 47, is amended
to read:
Sec. 47. ALTERNATIVE TEACHER COMPENSATION REVENUE
GUARANTEE.
Notwithstanding Minnesota Statutes, sections 122A.415, subdivision 1, and
126C.10, subdivision 34, paragraphs (a) and (b), a school district that received alternative
teacher compensation aid for fiscal year 2005, but does not qualify for alternative
teacher compensation revenue for all sites in the district for fiscal year 2006 deleted text begin ordeleted text end new text begin ,new text end 2007,
new text begin 2008, or 2009, new text end shall receive additional basic alternative teacher compensation aid for
that fiscal year equal to the lesser of the amount of alternative teacher compensation
aid it received for fiscal year 2005 or the amount it would have received for that fiscal
year under Minnesota Statutes 2004, section 122A.415, subdivision 1, for teachers at
sites not qualifying for alternative teacher compensation revenue for that fiscal year, if
the district submits a timely application and the commissioner determines that the district
continues to implement an alternative teacher compensation system, consistent with its
application under Minnesota Statutes 2004, section 122A.415, for fiscal year 2005. The
additional basic alternative teacher compensation aid under this section must not be used
in calculating the alternative teacher compensation levy under Minnesota Statutes, section
126C.10, subdivision 35. This section applies only to fiscal years 2006 deleted text begin and 2007deleted text end new text begin through
2009new text end and does not apply to later fiscal years.
Sec. 2.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 2,
is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
| $ |
deleted text begin 5,136,578,000deleted text end new text begin 5,819,153,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
5,390,196,000 deleted text end new text begin 5,472,238,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $784,978,000deleted text end new text begin $787,978,000new text end for 2005 and
deleted text begin $4,351,600,000deleted text end new text begin $5,031,175,000new text end for 2006.
The 2007 appropriation includes deleted text begin $817,588,000deleted text end new text begin $513,848,000new text end for 2006 and
deleted text begin $4,572,608,000deleted text end new text begin $4,958,390,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3. new text begin ONETIME ENERGY ASSISTANCE AID.
new text end
new text begin
(a) For fiscal year 2006 only, a school district or charter school's onetime energy
assistance aid is equal to $3.67 times its adjusted marginal cost pupil units. A school
district or charter school may use its onetime energy assistance aid to pay for heating, fuel,
and other energy costs.
new text end
new text begin
(b) This aid is paid entirely in fiscal year 2006 based on estimated data. By January
31, 2007, the Department of Education shall recalculate the aid for each district or charter
school using actual data, and adjust the general education aid paid to school districts or
charter schools for fiscal year 2007 by the amount of the difference between the estimated
aid and the actual aid.
new text end
Sec. 4. new text begin APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal year
designated.
new text end
new text begin Subd. 2. new text end
new text begin Onetime energy assistance aid. new text end
new text begin
For onetime energy assistance aid under
section 3:
new text end
|
new text begin
$ new text end |
new text begin
3,495,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
ARTICLE 4
EDUCATION EXCELLENCE
Section 1.
new text begin
[120B.132] RAISED ACADEMIC ACHIEVEMENT; ADVANCED
PLACEMENT PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; eligibility. new text end
new text begin
A program is established to raise
kindergarten through grade 12 academic achievement through increased student
participation in preadvanced placement and advanced placement programs. Schools and
charter schools eligible to participate under this section:
new text end
new text begin
(1) must have a three-year plan approved by the local school board to create a new or
expand an existing program to implement the college board advanced placement courses
and exams or preadvanced placement courses; and
new text end
new text begin
(2) must propose to further raise students' academic achievement by:
new text end
new text begin
(i) increasing the availability of and all students' access to advanced placement;
new text end
new text begin
(ii) expanding the breadth of advanced placement courses or programs that are
available to students;
new text end
new text begin
(iii) increasing the number and the diversity of the students who participate in
advanced placement courses or programs and succeed;
new text end
new text begin
(iv) providing low-income and other disadvantaged students with increased access
to advanced placement courses and programs; or
new text end
new text begin
(v) increasing the number of high school students, including low-income and other
disadvantaged students, who receive college credit by successfully completing advanced
placement courses or programs and achieving satisfactory scores on related exams.
new text end
new text begin Subd. 2. new text end
new text begin Application and review process; funding priority. new text end
new text begin
(a) Charter schools
and school districts in which eligible schools under subdivision 1 are located may
apply to the commissioner, in the form and manner the commissioner determines, for
competitive funding to further raise students' academic achievement. The application
must detail the specific efforts the applicant intends to undertake in further raising
students' academic achievement, consistent with subdivision 1, and a proposed budget
detailing the district or charter school's current and proposed expenditures for advanced
placement or preadvanced placement courses and programs. The proposed budget must
demonstrate that the applicant's efforts will supplement but not supplant any expenditures
for advanced placement and preadvanced placement courses and programs the applicant
currently makes available to students. Expenditures for administration must not exceed
five percent of the proposed budget. The commissioner may require an applicant to
provide additional information.
new text end
new text begin
(b) When reviewing applications, the commissioner must determine whether
the applicant satisfied all the requirements in this subdivision and subdivision 1.
The commissioner may give funding priority to an otherwise qualified applicant that
demonstrates:
new text end
new text begin
(1) a focus on developing or expanding advanced placement courses and programs
or increasing students' participation in, access to, or success with the courses or programs,
including the participation, access, or success of low-income and other disadvantaged
students;
new text end
new text begin
(2) a compelling need for access to advanced placement programs;
new text end
new text begin
(3) an effective ability to actively involve local business and community
organizations in student activities that are integral to advanced placement courses and
programs;
new text end
new text begin
(4) access to additional public or nonpublic funds or in-kind contributions that are
available for advanced placement programs; or
new text end
new text begin
(5) an intent to implement activities that target low-income and other disadvantaged
students.
new text end
new text begin Subd. 3. new text end
new text begin Funding; permissible funding uses. new text end
new text begin
(a) The commissioner shall award
grants to applicant school districts and charter schools that meet the requirements of
subdivisions 1 and 2. The commissioner must award grants on an equitable geographical
basis to the extent feasible and consistent with this section. Grant awards must not exceed
the lesser of:
new text end
new text begin
(1) $85 times the number of pupils enrolled at the participating sites on October
1 of the previous fiscal year; or
new text end
new text begin
(2) the approved supplemental expenditures based on the budget submitted under
subdivision 2. For charter schools in their first year of operation, the maximum grant
award must be calculated using the number of pupils enrolled on October 1 of the current
fiscal year. The commissioner may adjust the maximum grant award computed using prior
year data for changes in enrollment attributable to school closings, school openings,
grade level reconfigurations, or school district reorganizations between the prior fiscal
year and the current fiscal year.
new text end
new text begin
(b) School districts and charter schools that submit an application and receive
funding under this section must use the funding, consistent with the application, to:
new text end
new text begin
(1) provide teacher training and instruction to more effectively serve students,
including low-income and other disadvantaged students, who participate in preadvanced
and advanced placement programs;
new text end
new text begin
(2) further develop advanced placement courses or programs;
new text end
new text begin
(3) improve the transition between grade levels to better prepare students, including
low-income and other disadvantaged students, for succeeding in advanced placement
programs;
new text end
new text begin
(4) purchase books and supplies;
new text end
new text begin
(5) pay course or program fees;
new text end
new text begin
(6) increase students' participation in and success with advanced placement
programs;
new text end
new text begin
(7) expand students' access to preadvanced placement or advanced placement
courses or programs through online learning;
new text end
new text begin
(8) hire appropriately licensed personnel to teach additional advanced placement
programs; or
new text end
new text begin
(9) engage in other activity directly related to expanding students' access to,
participation in, and success with preadvanced placement or advanced placement courses
and programs, including low-income and other disadvantaged students.
new text end
new text begin Subd. 4. new text end
new text begin Annual reports. new text end
new text begin
(a) Each school district and charter school that receives
a grant under this section annually must collect demographic and other student data to
demonstrate and measure the extent to which the district or charter school raised students'
academic achievement under this program and must report the data to the commissioner
in the form and manner the commissioner determines. The commissioner annually by
February 15 must make summary data about this program available to the education
policy and finance committees of the legislature.
new text end
new text begin
(b) Each school district and charter school that receives a grant under this section
annually must report to the commissioner, consistent with the Uniform Financial
Accounting and Reporting Standards, its actual expenditures for advanced placement and
preadvanced placement programs. The report must demonstrate that the school district or
charter school has maintained its effort from other sources for advanced placement and
preadvanced placement programs compared with the previous fiscal year, and the district
or charter school has expended all grant funds, consistent with its approved budget.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to the 2006-2007 school year.
new text end
Sec. 2.
new text begin
[122A.416] ALTERNATIVE TEACHER COMPENSATION REVENUE
FOR PERPICH CENTER FOR ARTS EDUCATION AND MULTIDISTRICT
INTEGRATION COLLABORATIVES.
new text end
new text begin
Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10,
multidistrict integration collaboratives and the Perpich Center for Arts Education are
eligible to receive alternative teacher compensation revenue as if they were intermediate
school districts. To qualify for alternative teacher compensation revenue, a multidistrict
integration collaborative or the Perpich Center for Arts Education must meet all of the
requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate
school districts, must report its enrollment as of October 1 of each year to the department,
and must annually report its expenditures for the alternative teacher professional pay
system consistent with the uniform financial accounting and reporting standards to the
department by November 30 of each year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2007.
new text end
Sec. 3.
Minnesota Statutes 2004, section 181.101, is amended to read:
181.101 WAGES; HOW OFTEN PAID.
Every employer must pay all wages earned by an employee at least once every 31
days on a regular pay day designated in advance by the employer regardless of whether
the employee requests payment at longer intervals. Unless paid earlier, the wages earned
during the first half of the first 31-day pay period become due on the first regular payday
following the first day of work. If wages earned are not paid, the commissioner of labor
and industry or the commissioner's representative may demand payment on behalf of an
employee. If payment is not made within ten days of demand, the commissioner may
charge and collect the wages earned and a penalty in the amount of the employee's average
daily earnings at the rate agreed upon in the contract of employment, not exceeding 15
days in all, for each day beyond the ten-day limit following the demand. Money collected
by the commissioner must be paid to the employee concerned. This section does not
prevent an employee from prosecuting a claim for wages. This section does not prevent
a school district deleted text begin ordeleted text end new text begin , new text end other public school entitynew text begin , or other school, as defined under section
120A.22, new text end from paying any wages earned by its employees during a school year on regular
pay days in the manner provided by an applicable contract or collective bargaining
agreement, or a personnel policy adopted by the governing board. For purposes of this
section, "employee" includes a person who performs agricultural labor as defined in
section 181.85, subdivision 2. For purposes of this section, wages are earned on the
day an employee works.
Sec. 4. new text begin CHINESE LANGUAGE PROGRAMS; CURRICULUM
DEVELOPMENT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Project parameters. new text end
new text begin
(a) Notwithstanding other law to the contrary,
the commissioner of education may contract with the Board of Regents of the University
of Minnesota or other Minnesota public entity the commissioner determines is qualified
to undertake the development of an articulated K-12 Chinese curriculum for Minnesota
schools that involves:
new text end
new text begin
(1) creating a network of Chinese teachers and educators able to develop new and
modify or expand existing world languages K-12 curricula, materials, assessments, and
best practices needed to provide Chinese language instruction to students; and
new text end
new text begin
(2) coordinating statewide efforts to develop and expand Chinese language
instruction so that it is uniformly available to students throughout the state, and making
innovative use of media and technology, including television, distance learning, and online
courses to broaden students' access to the instruction.
new text end
new text begin
(b) The entity with which the commissioner contracts under paragraph (a) must have
sufficient knowledge and expertise to ensure the professional development of appropriate,
high-quality curricula, supplementary materials, aligned assessments, and best practices
that accommodate different levels of student ability and types of programs.
new text end
new text begin
(c) Project participants must:
new text end
new text begin
(1) work throughout the project to develop curriculum, supplementary materials,
aligned assessments, and best practices; and
new text end
new text begin
(2) make curriculum, supplementary materials, aligned assessments, and best
practices equitably available to Minnesota schools and students.
new text end
new text begin Subd. 2. new text end
new text begin Project participants. new text end
new text begin
The entity with which the commissioner contracts
must work with the network of Chinese teachers and educators to:
new text end
new text begin
(1) conduct an inventory of Chinese language curricula, supplementary materials,
and professional development initiatives currently used in Minnesota or other states;
new text end
new text begin
(2) develop Chinese language curricula and benchmarks aligned to local world
language standards and classroom-based assessments; and
new text end
new text begin
(3) review and recommend to the commissioner how best to build an educational
infrastructure to provide more students with Chinese language instruction, including
how to develop and provide: (i) an adequate supply of Chinese language teachers; (ii)
an adequate number of high-quality school programs; (iii) appropriate curriculum,
instructional materials, and aligned assessments that include technology-based delivery
systems; (iv) teacher preparation programs to train Chinese language teachers; (v)
expedited licensing of Chinese language teachers; (vi) best practices in existing
educational programs that can be used to establish K-12 Chinese language programs;
and (vii) technical assistance resources.
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. 5. new text begin NORTHWESTERN ONLINE COLLEGE IN THE HIGH SCHOOL
PROGRAM.
new text end
new text begin
For fiscal year 2007 only, the Northwestern Online College in the High School
program is eligible for $50,000 for professional development and to develop Web-based
technology.
new text end
Sec. 6. new text begin CHARACTER DEVELOPMENT EDUCATION REVENUE; PILOT
PROGRAM.
new text end
new text begin new text end
new text begin Subdivision 1. new text end
new text begin Pilot program created. new text end
new text begin
A pilot program is created to allow school
districts to receive character development education revenue to purchase curriculum for
the purposes of Minnesota Statutes, section 120B.232. Character development education
revenue for school districts equals $30 times the district's adjusted marginal cost pupil
units.
new text end
new text begin Subd. 2. new text end
new text begin Approved provider list. new text end
new text begin
The commissioner of education shall maintain
a character development education curriculum approved provider list. The character
development education curriculum of approved providers shall be research based with
at least one completed relational study covering a period of no fewer than five years
and completed by an independent party. Approved character development education
curriculum must include:
new text end
new text begin
(1) age appropriate character development for the classroom in all elementary and
secondary grades;
new text end
new text begin
(2) curriculum for character development extracurricular activities;
new text end
new text begin
(3) teacher training workshops and in-service training;
new text end
new text begin
(4) plans for school assemblies promoting character development;
new text end
new text begin
(5) midyear consulting between the school district and the provider; and
new text end
new text begin
(6) an assessment program.
new text end
new text begin Subd. 3. new text end
new text begin Application and selection process. new text end
new text begin
A school district may submit to
the commissioner an application for funding in the form and manner specified by the
commissioner. The commissioner shall approve applications that propose to use an
approved provider and that agree to use the program as recommended by the provider.
The commissioner must approve or disapprove an application within 30 days of receipt on
a first-come, first-served basis.
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. 7. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Northwestern Online College in the High School program. new text end
new text begin
For
Northwestern Online College in the High School program under section 5:
new text end
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin Chinese language. new text end
new text begin
For the Chinese language curriculum project under
section 4:
new text end
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
The commissioner must report to the house of representatives and senate committees
having jurisdiction over kindergarten through grade 12 education policy and finance on
the range of the program by February 15, 2007. The report shall address the applicability
of the Chinese language curriculum project to other world languages and include the
availability of instructors, curriculum, high-quality school programs, assessments, and
best practices as they apply to world languages.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin Advanced placement increased student participation. new text end
new text begin
For the increased
participation of students in advanced placement programs under Minnesota Statutes,
section 120B.132:
new text end
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin Character development education revenue. new text end
new text begin
For the character
development education revenue pilot program under section 6:
new text end
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin Scholars of distinction. new text end
new text begin
For the scholars of distinction program:
new text end
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 7. new text end
new text begin TIMMS Study. new text end
new text begin
For the department to contract with Boston College
for Minnesota 4th and 8th grade students to participate in the TIMMS International
assessment of student achievement in mathematics and science:
new text end
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
..... new text end |
new text begin
2007 new text end |
new text begin
School districts must apply to participate in the study on a form and in the manner
prescribed by the commissioner. The commissioner may select districts to participate if
more districts than those applying are needed for the study. The provisions of Minnesota
Statutes, chapter 16C, as they relate to competitive bidding, do not apply to this contract.
new text end
new text begin
The Department of Education must receive at least $150,000 in private sector gifts
or bequests to support the TIMMS study by July 1, 2006. If the Department of Education
does not receive $150,000 in private gifts or bequests by July 1, 2006, the amount
appropriated in this subdivision shall immediately cancel.
new text end
new text begin
This is a onetime appropriation.
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
ARTICLE 5
FACILITIES, ACCOUNTING, AND TECHNOLOGY
Section 1.
Minnesota Statutes 2004, section 123B.57, subdivision 6, is amended to read:
Subd. 6.
Uses of health and safety revenue.
(a) Health and safety revenue may
be used only for approved expenditures necessary to correct fire and life safety hazards,
or for the removal or encapsulation of asbestos from school buildings or property
owned or being acquired by the district, asbestos-related repairs, cleanup and disposal
of polychlorinated biphenyls found in school buildings or property owned or being
acquired by the district, or the cleanup, removal, disposal, and repairs related to storing
heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel,
as defined in section 296A.01, Minnesota occupational safety and health administration
regulated facility and equipment hazards, indoor air quality mold abatement, upgrades
or replacement of mechanical ventilation systems to meet American Society of Heating,
Refrigerating and Air Conditioning Engineers standards and State Mechanical Code,
Department of Health Food Code and swimming pool hazards excluding depth correction,
and health, safety, and environmental management. new text begin Testing and calibration activities are
permitted for existing mechanical ventilation systems at intervals no less than every five
years. new text end Health and safety revenue must not be used to finance a lease purchase agreement,
installment purchase agreement, or other deferred payments agreement. Health and safety
revenue must not be used for the construction of new facilities or the purchase of portable
classrooms, for interest or other financing expenses, or for energy efficiency projects
under section 123B.65. The revenue may not be used for a building or property or part
of a building or property used for postsecondary instruction or administration or for a
purpose unrelated to elementary and secondary education.
(b) Notwithstanding paragraph (a), health and safety revenue must not be used for
replacement of building materials or facilities including roof, walls, windows, internal
fixtures and flooring, nonhealth and safety costs associated with demolition of facilities,
structural repair or replacement of facilities due to unsafe conditions, violence prevention
and facility security, ergonomics, building and heating, ventilating and air conditioning
supplies, maintenance, new text begin and new text end cleaningdeleted text begin , testing, and calibrationdeleted text end activities. All assessments,
investigations, inventories, and support equipment not leading to the engineering or
construction of a project shall be included in the health, safety, and environmental
management costs in subdivision 8, paragraph (a).
|
|
||||||
new text begin new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2008
and later.
new text end
Sec. 2.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision 3,
is amended to read:
Subd. 3. Debt service equalization. For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
| $ |
deleted text begin
25,654,000 deleted text end new text begin 27,206,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
24,134,000 deleted text end new text begin 18,410,000 new text end |
..... |
2007 |
The 2006 appropriation includes $4,654,000 for 2005 and deleted text begin $21,000,000deleted text end new text begin $22,552,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $3,911,000deleted text end new text begin $2,504,000new text end for 2006 and deleted text begin $20,223,000deleted text end
new text begin $15,906,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision 6,
is amended to read:
Subd. 6. Emergency aid, Red Lake. For Independent School District No. 38, Red
Lake, for onetime emergency aid to repair infrastructure damage to the Red Lake High
School as a result of the March 21, 2005, school shooting:
|
deleted text begin
50,000 deleted text end |
||||
| $ |
new text begin
524,000 new text end |
..... |
2006 |
The school district must submit deleted text begin proposed expenditures for these funds for review
and comment approval under Minnesota Statutes, section 123B.71deleted text end new text begin actual expenditure
information to support this appropriation to the Department of Educationnew text end , before the
commissioner releases the funds to the district. deleted text begin The district must report the amount of its
unreimbursed costs to the commissioner.
deleted 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. 4. new text begin APPROPRIATION; WASECA LEVY.
new text end
new text begin
Independent School District No. 829, Waseca, may levy up to $344,000 beginning
in 2006 over five years for health and safety revenue lost due to miscalculation. $316,000
is appropriated in fiscal year 2007 to the commissioner of education for payment of the aid
portion of lost revenue. If the district does not levy the full amount authorized within the
five-year period, other state aid due to the district shall be reduced proportionately. This is
a onetime appropriation for fiscal year 2007.
new text end
Sec. 5. new text begin APPROPRIATION; ROCORI SCHOOL DISTRICT.
new text end
new text begin
$137,000 is appropriated in fiscal year 2007 from the general fund to the
commissioner of education for a grant to Independent School District No. 750, Rocori.
The grant is for a continuation of district activities that were developed in concert with
the district's federal School Emergency Response to Violence, or Project SERV, grant.
The grant may be used to continue the district's recovery efforts, and uses include: an
academic program and impact of tragedy or program assessment of educational adequacy;
an organizational analysis; a strategic planning overview; a district assessment survey;
continued recovery support; staff development initiatives; and any other activities
developed in response to the federal Project SERV grant.
new text end
new text begin
The base budget for this program for fiscal year 2008 only is $53,000.
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. 6. new text begin FUND TRANSFERS.
new text end
new text begin Subdivision 1. new text end
new text begin A.C.G.C. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79,
123B.80, and 475.61, subdivision 4, Independent School District No. 2396, A.C.G.C., on
June 30, 2006, may permanently transfer up to $203,000 from its reserved account for
disabled accessibility to its unrestricted general fund without making a levy reduction.
new text end
new text begin Subd. 2. new text end
new text begin Alden-Conger. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79 and
123B.80, as of June 30, 2006, Independent School District No. 242, Alden-Conger, may
permanently transfer up to $127,000 from its reserved for disabled accessibility account to
its unrestricted general fund account without making a levy reduction.
new text end
new text begin Subd. 3. new text end
new text begin Fosston. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79 and
123B.80, as of June 30, 2006, Independent School District No. 601, Fosston, may
permanently transfer up to $80,000 from its reserved for disabled accessibility account to
its unrestricted general fund account without making a levy reduction.
new text end
new text begin Subd. 4. new text end
new text begin Hopkins. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2006, Independent School District No. 270, Hopkins, may
permanently transfer up to $300,000 from its community education reserve fund balance
to its undesignated general fund balance to assist the district in decreasing its statutory
operating debt.
new text end
new text begin Subd. 5. new text end
new text begin Lester Prairie. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79
or 123B.80, on June 30, 2006, Independent School District No. 424, Lester Prairie, may
permanently transfer up to $150,000 from its reserved for operating capital account and up
to $107,000 from its reserved for severance account, to its undesignated balance in the
general fund.
new text end
new text begin Subd. 6. new text end
new text begin Milroy. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
on June 30, 2006, Independent School District No. 635, Milroy, may permanently transfer
up to $26,000 from its reserved for disability accessibility account to its undesignated
general fund balance without making a levy reduction.
new text end
new text begin Subd. 7. new text end
new text begin Northland Community Schools. new text end
new text begin
Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on or before June 30, 2006, Independent School District No.
118, Northland Community Schools, may permanently transfer up to $197,000 from its
reserved for disabled accessibility account to its reserved for operating capital account in
its general fund without making a levy reduction.
new text end
new text begin Subd. 8. new text end
new text begin Tyler. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
Independent School District No. 409, Tyler, on June 30, 2006, may, based on the approval
of the commissioner of education, permanently transfer up to $451,000 from its reserved
for capital operating account to its debt redemption fund. The commissioner of education
must only allow this fund transfer if it is in the best interest of the Russell-Tyler-Ruthton
school district consolidation.
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. 7. new text begin HEALTH AND SAFETY REVENUE USES; BELLE PLAINE.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.57 and 123B.59, upon approval
of the commissioner of education, Independent School District No. 716, Belle Plaine, may
use up to $125,000 of its health and safety revenue raised through an alternative facilities
bond for other qualifying health and safety projects.
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
ARTICLE 6
NUTRITION
Section 1.
Minnesota Statutes 2005 Supplement, section 124D.111, subdivision 1,
is amended to read:
Subdivision 1.
School lunch aid computation.
Each school year, the state must pay
participants in the national school lunch program the amount of deleted text begin tendeleted text end new text begin 10.5new text end cents for each full
paid, reduced, and free student lunch served to students.
Sec. 2.
Laws 2005, First Special Session chapter 5, article 5, section 17, subdivision 2,
is amended to read:
Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
| $ |
deleted text begin
8,998,000 deleted text end new text begin 9,760,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
9,076,000 deleted text end new text begin 10,391,000 new text end |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 7
EDUCATION FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision
3, is amended to read:
Subd. 3. Referendum tax base replacement aid. For referendum tax base
replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a:
| $ |
deleted text begin 8,704,000deleted text end new text begin 9,200,000 new text end |
..... |
2006 |
|
| $ |
8,704,000 |
..... |
2007 |
The 2006 appropriation includes $1,366,000 for 2005 and deleted text begin $7,338,000 deleted text end new text begin $7,834,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $1,366,000 deleted text end new text begin $870,000new text end for 2006 and deleted text begin $7,338,000deleted text end
new text begin $7,834,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 5,
is amended to read:
Subd. 5. Abatement revenue. For abatement aid under Minnesota Statutes, section
127A.49:
| $ |
deleted text begin
903,000 deleted text end new text begin 909,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
955,000 deleted text end new text begin 1,026,000 new text end |
..... |
2007 |
The 2006 appropriation includes $187,000 for 2005 and deleted text begin $716,000deleted text end new text begin $722,000 new text end for 2006.
The 2007 appropriation includes deleted text begin $133,000deleted text end new text begin $80,000 new text end for 2006 and deleted text begin $822,000deleted text end new text begin $946,000
new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 6,
is amended to read:
Subd. 6. Consolidation transition. For districts consolidating under Minnesota
Statutes, section 123A.485:
| $ |
deleted text begin
253,000 deleted text end new text begin 527,000 new text end |
..... |
2007 |
The 2007 appropriation includes $0 for 2006 and deleted text begin $253,000deleted text end new text begin $527,000new text end for 2007.
Sec. 4.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 7,
is amended to read:
Subd. 7. Nonpublic pupil education aid. For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.87 and 123B.40 to 123B.43:
| $ |
deleted text begin
15,370,000 deleted text end new text begin 15,458,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
16,434,000 deleted text end new text begin 15,991,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $2,305,000 deleted text end new text begin $1,864,000 new text end for 2005 and deleted text begin $13,065,000
deleted text end new text begin $13,594,000 new text end for 2006.
The 2007 appropriation includes deleted text begin $2,433,000 deleted text end new text begin $1,510,000 new text end for 2006 and deleted text begin $14,001,000
deleted text end new text begin $14,481,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 8,
is amended to read:
Subd. 8. Nonpublic pupil transportation. For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
| $ |
deleted text begin
21,451,000 deleted text end new text begin 21,371,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
23,043,000 deleted text end new text begin 20,843,000 new text end |
..... |
2007 |
The 2006 appropriation includes $3,274,000 for 2005 and deleted text begin $18,177,000 deleted text end new text begin $18,097,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $3,385,000deleted text end new text begin $2,010,000new text end for 2006 and deleted text begin $19,658,000deleted text end
new text begin $18,833,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
B. EDUCATION EXCELLENCE
Sec. 6.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 2,
is amended to read:
Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
| $ |
deleted text begin
25,465,000 deleted text end new text begin 25,331,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
30,929,000 deleted text end new text begin 27,806,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $3,324,000deleted text end new text begin $3,173,000 new text end for 2005 and deleted text begin $22,141,000deleted text end
new text begin $22,158,000new text end for 2006.
The 2007 appropriation includes deleted text begin $4,123,000deleted text end new text begin $2,462,000 new text end for 2006 and deleted text begin $26,806,000deleted text end
new text begin $25,344,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 3,
is amended to read:
Subd. 3. Charter school startup aid. For charter school startup cost aid under
Minnesota Statutes, section 124D.11:
| $ |
deleted text begin
1,393,000 deleted text end new text begin 1,291,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
3,185,000 deleted text end new text begin 2,347,000 new text end |
..... |
2007 |
The 2006 appropriation includes $0 for 2005 and deleted text begin $1,393,000 deleted text end new text begin $1,291,000new text end for 2006.
The 2007 appropriation includes deleted text begin $259,000deleted text end new text begin $143,000 new text end for 2006 and deleted text begin $2,926,000deleted text end
new text begin $2,204,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 4,
is amended to read:
Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:
| $ |
deleted text begin
57,801,000 deleted text end new text begin 59,404,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
57,536,000 deleted text end new text begin 58,405,000 new text end |
..... |
2007 |
The 2006 appropriation includes $8,545,000 for 2005 and deleted text begin $49,256,000deleted text end new text begin $50,859,000
new text end for 2006.
The 2007 appropriation includes deleted text begin $9,173,000deleted text end new text begin $5,650,000 new text end for 2006 and deleted text begin $48,363,000deleted text end
new text begin $52,755,000 new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 6,
is amended to read:
Subd. 6. Interdistrict desegregation or integration transportation grants. For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
| $ |
deleted text begin
7,768,000 deleted text end new text begin 6,032,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
9,908,000 deleted text end new text begin 10,134,000 new text end |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
7, is amended to read:
Subd. 7. Success for the future. For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:
| $ |
deleted text begin
2,137,000 deleted text end new text begin 2,240,000 new text end |
..... |
2006 |
|
| $ |
2,137,000 |
..... |
2007 |
The 2006 appropriation includes deleted text begin $335,000deleted text end new text begin $316,000new text end for 2005 and deleted text begin $1,802,000deleted text end
new text begin $1,924,000 new text end for 2006.
The 2007 appropriation includes deleted text begin $335,000deleted text end new text begin $213,000 new text end for 2006 and deleted text begin $1,802,000deleted text end
new text begin $1,924,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
10, is amended to read:
Subd. 10. Tribal contract schools. For tribal contract school aid under Minnesota
Statutes, section 124D.83:
| $ |
deleted text begin
2,389,000 deleted text end new text begin 2,338,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
2,603,000 deleted text end new text begin 2,357,000 new text end |
..... |
2007 |
The 2006 appropriation includes $348,000 for 2005 and deleted text begin $2,041,000deleted text end new text begin $1,990,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $380,000deleted text end new text begin $221,000new text end for 2006 and deleted text begin $2,223,000deleted text end
new text begin $2,136,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
C. SPECIAL PROGRAMS
Sec. 12.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
2, is amended to read:
Subd. 2. Special education; regular. For special education aid under Minnesota
Statutes, section 125A.75:
| $ |
deleted text begin
528,846,000 deleted text end new text begin 559,485,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
527,446,000 deleted text end new text begin 528,106,000 new text end |
..... |
2007 |
The 2006 appropriation includes $83,078,000 for 2005 and deleted text begin $445,768,000deleted text end
new text begin $476,407,000new text end for 2006.
The 2007 appropriation includes deleted text begin $83,019,000deleted text end new text begin $52,934,000new text end for 2006 and
deleted text begin $444,427,000deleted text end new text begin $475,172,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
3, is amended to read:
Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
| $ |
deleted text begin
2,212,000 deleted text end new text begin 1,527,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
2,615,000 deleted text end new text begin 1,624,000 new text end |
..... |
2007 |
If the appropriation for either year is insufficient, the appropriation for the other
year is available.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
4, is amended to read:
Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
| $ |
deleted text begin
187,000 deleted text end new text begin 198,000 new text end |
..... |
2006 |
|
| $ |
195,000 |
..... |
2007 |
The 2006 appropriation includes $28,000 for 2005 and deleted text begin $159,000deleted text end new text begin $170,000new text end for 2006.
The 2007 appropriation includes deleted text begin $29,000deleted text end new text begin $18,000new text end for 2006 and deleted text begin $166,000deleted text end new text begin $177,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
5, is amended to read:
Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
Statutes, section 125A.79, subdivision 7:
| $ |
deleted text begin
102,083,000 deleted text end new text begin 106,453,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
104,286,000 deleted text end new text begin 104,333,000 new text end |
..... |
2007 |
The 2006 appropriation includes $37,455,000 for 2005 and deleted text begin $64,628,000deleted text end new text begin $68,998,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $38,972,000deleted text end new text begin $34,602,000new text end for 2006 and deleted text begin $65,314,000deleted text end
new text begin $69,731,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
6, is amended to read:
Subd. 6. Transition for disabled students. For aid for transition programs for
children with disabilities under Minnesota Statutes, section 124D.454:
| $ |
deleted text begin
8,788,000 deleted text end new text begin 9,300,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
8,765,000 deleted text end new text begin 8,781,000 new text end |
..... |
2007 |
The 2006 appropriation includes $1,380,000 for 2005 and deleted text begin $7,408,000deleted text end new text begin $7,920,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $1,379,000deleted text end new text begin $880,000new text end for 2006 and deleted text begin $7,386,000deleted text end
new text begin $7,901,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
7, is amended to read:
Subd. 7. Court-placed special education revenue. For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to children placed in
the serving school district by court action under Minnesota Statutes, section 125A.79,
subdivision 4:
| $ |
deleted text begin
65,000 deleted text end new text begin 46,000 new text end |
..... |
2006 |
|
| $ |
70,000 |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
2, is amended to read:
Subd. 2. Health and safety revenue. For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
| $ |
deleted text begin
802,000 deleted text end new text begin 823,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
578,000 deleted text end new text begin 352,000 new text end |
..... |
2007 |
The 2006 appropriation includes $211,000 for 2005 and deleted text begin $591,000deleted text end new text begin $612,000new text end for 2006.
The 2007 appropriation includes deleted text begin $109,000deleted text end new text begin $68,000new text end for 2006 and deleted text begin $469,000deleted text end new text begin $284,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
4, is amended to read:
Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
according to Minnesota Statutes, section 123B.59, subdivision 1:
| $ |
deleted text begin
19,287,000 deleted text end new text begin 20,387,000 new text end |
..... |
2006 |
|
| $ |
19,287,000 |
..... |
2007 |
The 2006 appropriation includes $3,028,000 for 2005 and deleted text begin $16,259,000deleted text end new text begin $17,359,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $3,028,000deleted text end new text begin $1,928,000new text end for 2006 and deleted text begin $16,259,000deleted text end
new text begin $17,359,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
D. NUTRITION
Sec. 20.
Laws 2005, First Special Session chapter 5, article 5, section 17, subdivision
3, is amended to read:
Subd. 3. Traditional school breakfast; kindergarten milk. For traditional school
breakfast aid and kindergarten milk under Minnesota Statutes, sections 124D.1158 and
124D.118:
| $ |
deleted text begin
4,878,000 deleted text end new text begin 4,856,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
4,968,000 deleted text end new text begin 5,044,000 new text end |
..... |
2007 |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
E. LIBRARIES
Sec. 21.
Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 2,
is amended to read:
Subd. 2.
Basic system support.
For basic system support grants under Minnesota
Statutes, section 134.355:
| $ |
deleted text begin
8,570,000 deleted text end new text begin 9,058,000 new text end |
..... |
2006 |
|
| $ |
8,570,000 |
..... |
2007 |
The 2006 appropriation includes $1,345,000 for 2005 and deleted text begin $7,225,000deleted text end new text begin $7,713,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $1,345,000deleted text end new text begin $857,000new text end for 2006 and deleted text begin $7,225,000deleted text end new text begin
$7,713,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 3,
is amended to read:
Subd. 3. Multicounty, multitype library systems. For grants under Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
| $ |
deleted text begin 903,000deleted text end new text begin 954,000 new text end |
..... |
2006 |
|
| $ |
903,000 |
..... |
2007 |
The 2006 appropriation includes $141,000 for 2005 and deleted text begin $762,000deleted text end new text begin $813,000new text end for 2006.
The 2007 appropriation includes deleted text begin $141,000deleted text end new text begin $90,000new text end for 2006 and deleted text begin $762,000deleted text end new text begin $813,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 5,
is amended to read:
Subd. 5. Regional library telecommunications aid. For regional library
telecommunications aid under Minnesota Statutes, section 134.355:
| $ |
deleted text begin 1,200,000deleted text end new text begin 1,268,000 new text end |
..... |
2006 |
|
| $ |
1,200,000 |
..... |
2007 |
The 2006 appropriation includes $188,000 for 2005 and deleted text begin $1,012,000deleted text end new text begin $1,080,000new text end
for 2006.
The 2007 appropriation includes deleted text begin $188,000deleted text end new text begin $120,000new text end for 2006 and deleted text begin $1,012,000deleted text end
new text begin $1,080,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
F. EARLY CHILDHOOD EDUCATION
Sec. 24.
Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
2, is amended to read:
Subd. 2. School readiness. For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
| $ |
deleted text begin
9,020,000 deleted text end new text begin 9,528,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
9,042,000 deleted text end new text begin 9,020,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $1,417,000deleted text end new text begin $1,415,000new text end for 2005 and deleted text begin $7,603,000deleted text end
new text begin $8,113,000new text end for 2006.
The 2007 appropriation includes deleted text begin $1,415,000deleted text end new text begin $901,000new text end for 2006 and deleted text begin $7,627,000deleted text end
new text begin $8,119,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
G. PREVENTION
Sec. 25.
Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 2,
is amended to read:
Subd. 2. Community education aid. For community education aid under
Minnesota Statutes, section 124D.20:
| $ |
deleted text begin
1,918,000 deleted text end new text begin 2,043,000 new text end |
..... |
2006 |
|
| $ |
deleted text begin
1,837,000 deleted text end new text begin 1,949,000 new text end |
..... |
2007 |
The 2006 appropriation includes deleted text begin $390,000deleted text end new text begin $385,000new text end for 2005 and deleted text begin $1,528,000deleted text end
new text begin $1,658,000new text end for 2006.
The 2007 appropriation includes deleted text begin $284,000deleted text end new text begin $184,000new text end for 2006 and deleted text begin $1,553,000deleted text end
new text begin $1,765,000new text end for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 3,
is amended to read:
Subd. 3. Adults with disabilities program aid. For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
| $ |
deleted text begin
710,000 deleted text end new text begin 750,000 new text end |
..... |
2006 |
|
| $ |
710,000 |
..... |
2007 |
The 2006 appropriation includes $111,000 for 2005 and deleted text begin $599,000deleted text end new text begin $639,000new text end for 2006.
The 2007 appropriation includes deleted text begin $111,000deleted text end new text begin $71,000new text end for 2006 and deleted text begin $599,000deleted text end new text begin $639,000new text end
for 2007.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 5,
is amended to read:
Subd. 5. School-age care revenue. For extended day aid under Minnesota Statutes,
section 124D.22:
| $ | 17,000 | ..... | 2006 | |
| deleted text begin 7,000 deleted text end | ||||
| $ | new text begin 4,000 new text end | ....... | 2007 |
The 2006 appropriation includes $4,000 for 2005 and $13,000 for 2006.
The 2007 appropriation includes deleted text begin $2,000deleted text end new text begin $1,000new text end for 2006 and deleted text begin $5,000deleted text end new text begin $3,000new text end for 2007.
ARTICLE 8
HIGHER EDUCATION
Section 1. new text begin HIGHER EDUCATION APPROPRIATIONS.
new text end
new text begin
The sum shown in the column marked "APPROPRIATION" is added to the
appropriations in Laws 2005, chapter 107, article 1, or other law to the agency and for the
purposes specified in this article. The appropriation is from the general fund or another
named fund and is available for the fiscal year indicated for the purpose. The figure "2007"
used in this article means that the addition to the appropriation listed under it is available
for the fiscal year ending June 30, 2007.
new text end
|
new text begin
APPROPRIATION new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30, 2007 new text end |
||||||
Sec. 2. new text begin BOARD OF REGENTS
|
new text begin
$ new text end |
new text begin
5,000,000 new text end |
||||
new text begin
To the Board of Regents of the University
of Minnesota for the purposes of section
8. This appropriation is for academic
programs supporting the University of
Minnesota - Rochester, including faculty,
staff, and program planning and development
in the areas of biomedical technologies,
engineering, and computer technologies,
health care administration, and allied health
programs; ongoing operations of industrial
liaison activities; and operation of leased
facilities. The funding base for activities
related to section 8 is $5,000,000 for fiscal
year 2008 and $6,330,000 for fiscal year
2009.
new text end
Sec. 3.
Minnesota Statutes 2004, section 136A.101, subdivision 8, is amended to read:
Subd. 8.
Resident student.
"Resident student" means a student who meets one of
the following conditions:
(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
schoolnew text begin and the student is physically attending a Minnesota postsecondary educational
institutionnew text end ; deleted text begin or
deleted text end
(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesotadeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) a member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in section
190.05, subdivision 5c;
new text end
new text begin
(6) a person or spouse of a person who relocated to Minnesota from an area that
is declared a presidential disaster area within the preceding 12 months if the disaster
interrupted the person's postsecondary education; or
new text end
new text begin
(7) a person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota.
new text end
Sec. 4.
Minnesota Statutes 2004, section 136A.15, subdivision 9, is amended to read:
Subd. 9.
new text begin Minnesota new text end resident deleted text begin studentdeleted text end .
"new text begin Minnesota new text end resident deleted text begin studentdeleted text end " means a
student who meets new text begin one of new text end the new text begin following new text end conditions deleted text begin in section 136A.101, subdivision 8.deleted text end new text begin :new text end
new text begin
(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
new text end
new text begin
(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
new text end
new text begin
(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
school and the student is physically attending a Minnesota postsecondary educational
institution; or
new text end
new text begin
(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota.
new text end
Sec. 5.
Minnesota Statutes 2004, section 136A.1701, subdivision 4, is amended to read:
Subd. 4.
Terms and conditions of loans.
new text begin (a) new text end The office may loan money upon such
terms and conditions as the office may prescribe. The principal amount of a loan to an
undergraduate student for a single academic year shall not exceed $6,000new text begin for grade levels
1 and 2 effective July 1, 2006, through June 30, 2007. Effective July 1, 2007, the principal
amount of a loan for grade levels 1 and 2 shall not exceed $7,500. The principal amount
of a loan for grade levels 3, 4, and 5 shall not exceed $7,500 effective July 1, 2006new text end . The
aggregate principal amount of all loans made under this section to an undergraduate
student shall not exceed deleted text begin $25,000deleted text end new text begin $34,500 through June 30, 2007, and $37,500 after June
30, 2007new text end . The principal amount of a loan to a graduate student for a single academic year
shall not exceed $9,000. The aggregate principal amount of all loans made under this
section to a student as deleted text begin adeleted text end new text begin an undergraduate andnew text end graduate student shall not exceed deleted text begin $40,000.deleted text end new text begin
$52,500 through June 30, 2007, and $55,500 after June 30, 2007.new text end new text begin The amount of the loan
may not exceed the cost of attendance less all other financial aid, including PLUS loans or
other similar parent loans borrowed on the student's behalf. The cumulative SELF loan
debt must not exceed the borrowing maximums in paragraph (b).
new text end
new text begin
(b) The cumulative undergraduate borrowing maximums for SELF loans are:
new text end
new text begin
(1) effective July 1, 2006, through June 30, 2007:
new text end
new text begin
(i) grade level 1, $6,000;
new text end
new text begin
(ii) grade level 2, $12,000;
new text end
new text begin
(iii) grade level 3, $19,500;
new text end
new text begin
(iv) grade level 4, $27,000; and
new text end
new text begin
(v) grade level 5, $34,500; and
new text end
new text begin
(2) effective July 1, 2007:
new text end
new text begin
(i) grade level 1, $7,500;
new text end
new text begin
(ii) grade level 2, $15,000;
new text end
new text begin
(iii) grade level 3, $22,500;
new text end
new text begin
(iv) grade level 4, $30,000; and
new text end
new text begin
(v) grade level 5, $37,500.
new text end
Sec. 6.
Minnesota Statutes 2004, section 136A.1701, subdivision 7, is amended to read:
Subd. 7.
Repayment of loans.
new text begin (a) new text end The office shall establish repayment procedures
for loans made under this section, but in no event shall the period of permitted repayment
new text begin for SELF II or SELF III loans new text end exceed ten years from the eligible student's termination of
the student's postsecondary academic or vocational program, or 15 years from the date of
the student's first loan under this section, whichever is less.
new text begin
(b) For SELF loans from phases after SELF III, eligible students with aggregate
principal loan balances from all SELF phases that are less than $18,750 shall have a
repayment period not exceeding ten years from the eligible student's graduation or
termination date. For SELF loans from phases after SELF III, eligible students with
aggregate principal loan balances from all SELF phases of $18,750 or greater shall
have a repayment period not exceeding 15 years from the eligible student's graduation
or termination date. For SELF loans from phases after SELF III, the loans shall enter
repayment no later than seven years after the first disbursement date on the loan.
new text end
Sec. 7.
Minnesota Statutes 2004, section 137.022, subdivision 4, is amended to read:
Subd. 4.
Mineral research; scholarships.
(a) All income credited after July 1,
1992, to the permanent university fund from royalties for mining under state mineral
leases from and after July 1, 1991, must be allocated as provided in this subdivision.
(b)(1) Fifty percent of the income, up to deleted text begin $25,000,000deleted text end new text begin $50,000,000new text end , must be credited
to the mineral research account of the fund to be allocated for the Natural Resources
Research Institute-Duluth and Coleraine facilities, for mineral and mineral-related
research including mineral-related environmental research; and
(2) The remainder must be credited to the endowed scholarship account of the fund
for distribution annually for scholastic achievement as provided by the Board of Regents
to undergraduates enrolled at the University of Minnesota who are resident students as
defined in section 136A.101, subdivision 8.
(c) The annual distribution from the endowed scholarship account must be allocated
to the various campuses of the University of Minnesota in proportion to the number of
undergraduate resident students enrolled on each campus.
(d) The Board of Regents must report to the education committees of the legislature
biennially at the time of the submission of its budget request on the disbursement of money
from the endowed scholarship account and to the environment and natural resources
committees on the use of the mineral research account.
(e) Capital gains and losses and portfolio income of the permanent university fund
must be credited to its three accounts in proportion to the market value of each account.
(f) The endowment support from the income and capital gains of the endowed
mineral research and endowed scholarship accounts of the fund must not total more than
six percent per year of the 36-month trailing average market value of the account from
which the support is derived.
Sec. 8.
Minnesota Statutes 2004, section 137.17, subdivision 1, is amended to read:
Subdivision 1.
Establish.
The Board of Regents may establish a deleted text begin school of
professional and graduate studies as a nonresidentialdeleted text end branch campus of the University of
Minnesotadeleted text begin ,deleted text end new text begin innew text end Rochester, to serve thenew text begin educationalnew text end needs of deleted text begin working adults and other
nontraditional students in southeastern Minnesota. The campus shall be a joint partnership
of the University of Minnesota with Rochester Community and Technical College, and
Winona State University.deleted text end new text begin and to foster the economic goals of the region and the state. The
University of Minnesota should expand higher education offerings in Rochester that it is
uniquely qualified to provide. To the extent possible, the Board of Regents should provide
its offerings in partnership with higher education institutions that already serve Rochester
and the southeastern region of Minnesota, and should avoid unnecessary duplicative
offerings of courses and programs, particularly in nursing and allied health programs.
new text end
deleted text begin
The Board of Trustees of the Minnesota State Colleges and Universities shall
cooperate to achieve the foregoing.
deleted text end
Sec. 9.
Minnesota Statutes 2004, section 137.17, subdivision 3, is amended to read:
Subd. 3.
Missions.
The legislaturenew text begin intends that the mission of the expanded
education offerings in Rochester be congruent with the university's unique core mission of
teaching, research, and outreach in order to support the educational needs and economic
development of this region and the state. The legislaturenew text end recognizes that the distinctiveness
of each of the deleted text begin partnerdeleted text end new text begin higher educationnew text end institutions in Rochester must be maintained to
achieve success in serving the higher education needs of the community and the economic
goals of the state. deleted text begin Further, the legislature intends that the University of Minnesota and the
other partner institutions avoid duplicative offerings of courses and programs. Therefore,
the University of Minnesota, Winona State University, and Rochester Community and
Technical College shall develop jointly a statement of missions, roles, and responsibilities
for the programs and services at Rochester which shall be submitted to the legislature by
January 30, 2000, and any time thereafter that the missions, roles, and responsibilities
change.
deleted text end
Sec. 10. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 137.17, subdivisions 2 and 4,
new text end
new text begin
are repealed.
new text end
ARTICLE 9
ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
Section 1. new text begin ENVIRONMENTAL, NATURAL RESOURCES, AND
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, First Special Session chapter 1, articles 1 and 2, or other
specified law, to the named agencies and for the specified programs or activities. The sums
shown are appropriated from the general fund, or another named fund, to be available for
the fiscal years indicated for each purpose. The figures "2006" and "2007" used in this
article mean that the appropriation or appropriations listed under them are available for
the fiscal year ending June 30, 2006, or June 30, 2007, respectively. Appropriations in
this article for the fiscal year ending June 30, 2006, are effective the day following final
enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
577,000 new text end |
new text begin
$ new text end |
new text begin
1,838,000 new text end |
new text begin
$ new text end |
new text begin
2,415,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
530,000 new text end |
new text begin
530,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
577,000 new text end |
new text begin
$ new text end |
new text begin
2,368,000 new text end |
new text begin
$ new text end |
new text begin
2,945,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF AGRICULTURE
|
new text begin
$ new text end |
new text begin
158,000 new text end |
new text begin
$ new text end |
new text begin
648,000 new text end |
||
new text begin
This appropriation includes money for the
following purposes:
new text end
|
new text begin
(a) Invasive species control activities new text end |
new text begin
118,000 new text end |
new text begin
130,000 new text end |
||||
|
new text begin
(b) Compensation payments for livestock depredation and crop damage new text end |
new text begin
40,000 new text end |
new text begin
53,000 new text end |
||||
|
new text begin
(c) Plant pathology and biological control facility operations new text end |
new text begin
-0- new text end |
new text begin
190,000 new text end |
||||
|
new text begin
(d) Grant to Second Harvest Heartland on behalf of Minnesota's six Second Harvest food banks new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For the purchase of milk for distribution
to Minnesota's food shelves and other
charitable organizations that are eligible
to receive food from the food banks. This
appropriation becomes base-level funding.
new text end
new text begin
Milk purchased under the grants must be
acquired from Minnesota milk processors
and based on low-cost bids. The milk
must be allocated to each Second Harvest
food bank serving Minnesota according
to the formula used in the distribution of
United States Department of Agriculture
commodities under the Emergency Food
Assistance Program. Second Harvest
Heartland must submit quarterly reports
to the commissioner on forms prescribed
by the commissioner. The reports must
include, but are not limited to, information
on the expenditure of money, the amount
of milk purchased, and the organizations
to which the milk was distributed. Second
Harvest Heartland may enter into contracts
or agreements with food banks for shared
funding or reimbursement of the direct
purchase of milk. Each food bank receiving
money from this appropriation may use up to
two percent of the grant for administrative
expenses.
new text end
|
new text begin
(e) Renewable energy new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
||||
new text begin
To the Department of Agriculture for
handling increased renewable energy
inquiries.
new text end
Sec. 3. new text begin BOARD OF ANIMAL HEALTH
|
new text begin
277,000 new text end |
new text begin
408,000 new text end |
||||
new text begin
To eliminate bovine tuberculosis from cattle
herds in Minnesota. This is a onetime
appropriation.
new text end
Sec. 4. new text begin DEPARTMENT OF NATURAL
|
new text begin
142,000 new text end |
new text begin
1,312,000 new text end |
||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|
|
new text begin
General new text end |
new text begin
142,000 new text end |
new text begin
782,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
530,000 new text end |
|
new text begin
(a) Bovine tuberculosis surveillance and diagnosis new text end |
new text begin
88,000 new text end |
new text begin
132,000 new text end |
||||
new text begin
To the Department of Natural Resources to
diminish the risk of disease transmission
in domestic livestock. This is a onetime
appropriation.
new text end
|
new text begin
(b) Invasive species new text end |
new text begin
-0- new text end |
new text begin
550,000 new text end |
||||
new text begin
To the Department of Natural Resources for
prevention and control of harmful invasive
species. This appropriation includes money
for the control of curly leaf pondweed in
Lake Osakis.
new text end
|
new text begin
(c) Minnesota Shooting Sports Education Center new text end |
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
The commissioner may make direct
expenditures for the operation of the center
or contract with another entity to operate the
center. This appropriation is available only
to the extent it is matched by at least $1 of
nonstate money from gifts or grants for each
$2 of state money. This appropriation is
added to the agency base of the Department
of Natural Resources.
new text end
|
new text begin
(d) Canoe routes new text end |
new text begin
-0- new text end |
new text begin
130,000 new text end |
||||
new text begin
This appropriation is from the water
recreation account in the natural resources
fund to the commissioner of natural resources
to cooperate with local units of government
in marking routes and designating river
accesses and campsites under Minnesota
Statutes, section 85.32. This is a onetime
appropriation and is available until spent.
new text end
|
new text begin
(e) Emergency deterrent materials assistance new text end |
new text begin
54,000 new text end |
new text begin
-0- new text end |
||||
new text begin
For the emergency deterrent materials
assistance program under Minnesota
Statutes, section 97A.028, subdivision
3. This is a onetime appropriation and is
available until June 30, 2007.
new text end
|
new text begin
(f) State park and recreation area operation new text end |
new text begin
-0- new text end |
new text begin
400,000 new text end |
||||
new text begin
$400,000 is from the state parks account
in the natural resources fund for state park
and recreation area operations and for the
operation and maintenance of the U.S. Army
Corps of Engineers recreation sites on Cross
Lake, Gull Lake, Sandy Lake, Leech Lake,
Lake Pokegama, and Lake Winnibigoshish.
The expenditure of money on the U.S.
Army Corps of Engineers recreation sites is
contingent upon acceptance of a long-term
agreement with the U.S. Army Corps of
Engineers. Acceptance may be through a
lease arrangement, a transfer of the recreation
lands, or other agreement with the U.S.
Army Corps of Engineers. Rules of the
commissioner of natural resources relating
to state recreation areas apply to U.S. Army
Corps of Engineers recreation sites managed
by the commissioner pursuant to this
paragraph. This is a onetime appropriation.
new text end
new text begin
The commissioner may establish fees
for these recreation sites as provided
in Minnesota Statutes, section 85.052,
subdivision 3. The money collected from
fees established under this paragraph shall
be deposited in the natural resources fund
and credited to the state parks account.
Until June 30, 2007, money deposited in the
natural resources fund from fees established
under this paragraph is appropriated to
the commissioner for the operation and
maintenance of the U.S. Army Corps of
Engineers recreation sites.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 35.05, is amended to read:
35.05 AUTHORITY OF STATE BOARD.
(a) The state board may quarantine or kill any domestic animal infected with, or
which has been exposed to, a contagious or infectious dangerous disease if it is necessary
to protect the health of the domestic animals of the state.
(b) The board may regulate or prohibit the arrival in and departure from the state of
infected or exposed animals and, in case of violation of any rule or prohibition, may detain
any animal at its owner's expense. The board may regulate or prohibit the importation of
domestic animals which, in its opinion, may injure the health of Minnesota livestock.
(c) When the governor declares an emergency under section 35.0661, the board,
through its executive director, may assume control of such resources within the University
of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the
disease outbreak. The director of the laboratory and other laboratory personnel must
cooperate fully in performing necessary functions related to the outbreak or threatened
outbreak.
(d) deleted text begin Rules adopted by the board under authority of this chapter must be published
in the State Registerdeleted text end new text begin The board may test or require tests of any bovine or cervidae in
the state when the board deems it necessary to achieve or maintain bovine tuberculosis
accredited free state or zone status under the regulations and laws administered by the
United States Department of Agriculturenew text end .
Sec. 6.
Minnesota Statutes 2004, section 84.0835, subdivision 3, is amended to read:
Subd. 3.
Citation authority.
Employees designated by the commissioner under
subdivision 1 may issue citations, as specifically authorized under this subdivision, for
violations of:
(1) sections 85.052, subdivision 3 (payment of camping fees in state parks) deleted text begin anddeleted text end new text begin ,new text end
85.45, subdivision 1 (cross-country ski pass)new text begin , and 85.46 (horse trail pass)new text end ;
(2) rules relating to hours and days of operation, restricted areas, noise, fireworks,
environmental protection, fires and refuse, pets, picnicking, camping and dispersed
camping, nonmotorized uses, construction of unauthorized permanent trails, mooring of
boats, fish cleaning, swimming, storage and abandonment of personal property, structures
and stands, animal trespass, state park individual and group motor vehicle permits,
licensed motor vehicles, designated roads, and snowmobile operation off trails;
(3) rules relating to off-highway vehicle registration, display of registration numbers,
required equipment, operation restrictions, off-trail use for hunting and trapping, and
operation in lakes, rivers, and streams;
(4) rules relating to off-highway vehicle and snowmobile operation causing damage
or in closed areas within the Richard J. Dorer Memorial Hardwood State Forest;
(5) rules relating to parking, snow removal, and damage on state forest roads; and
(6) rules relating to controlled hunting zones on major wildlife management units.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2004, section 85.32, subdivision 1, is amended to read:
Subdivision 1.
Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark canoe and boating routes on the Little Fork, Big Fork, Minnesota,
St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing,
St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift
County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to
Montevideo in Chippewa County, Long Prairie, Red River of the North, new text begin Sauk, Otter Tail,
new text end and Crow Rivers which have historic and scenic values and to mark appropriately points
of interest, portages, camp sites, and all dams, rapids, waterfalls, whirlpools, and other
serious hazards which are dangerous to canoe and watercraft travelers.
Sec. 8.
new text begin
[85.46] HORSE TRAIL PASS.
new text end
new text begin Subdivision 1. new text end
new text begin Pass in possession. new text end
new text begin
While riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state parks, in state recreation
areas, and in state forests, a person 16 years of age or over shall carry in immediate
possession and visibly display on person or horse tack, a valid horse trail pass. The pass
must be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
new text end
new text begin Subd. 2. new text end
new text begin License agents. new text end
new text begin
(a) The commissioner of natural resources may appoint
agents to issue and sell horse trail passes. The commissioner may revoke the appointment
of an agent at any time.
new text end
new text begin
(b) The commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe all rules adopted by the commissioner for the
accounting and handling of passes according to section 97A.485, subdivision 11.
new text end
new text begin
(c) An agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Issuance. new text end
new text begin
The commissioner of natural resources and agents shall issue
and sell horse trail passes. The pass shall include the applicant's signature and other
information deemed necessary by the commissioner. To be valid, a pass must be signed by
the person riding, leading, or driving the horse.
new text end
new text begin Subd. 4. new text end
new text begin Pass fees. new text end
new text begin
(a) The fee for an annual horse trail pass is $20 for an individual
16 years of age and over. The fee shall be collected at the time the pass is purchased.
Annual passes are valid for one year beginning January 1 and ending December 31.
new text end
new text begin
(b) The fee for a daily horse trail pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the time the pass is purchased. The daily pass is valid
only for the date designated on the pass form.
new text end
new text begin Subd. 5. new text end
new text begin Issuing fee. new text end
new text begin
In addition to the fee for a horse trail pass, an issuing fee of
$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass.
Issuing fees for passes sold by the commissioner of natural resources shall be deposited in
the state treasury and credited to the horse trail account in the natural resources fund and
are appropriated to the commissioner for the operation of the electronic licensing system.
A pass shall indicate the amount of the fee that is retained by the seller.
new text end
new text begin Subd. 6. new text end
new text begin Disposition of receipts. new text end
new text begin
Fees collected under this section, except for the
issuing fee, shall be deposited in the state treasury and credited to the horse trail account
in the natural resources fund. Except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, the fees are
appropriated to the commissioner of natural resources for trail acquisition, trail and facility
development, and maintenance, enforcement, and rehabilitation of horse trails or trails
authorized for horse use, whether for riding, leading, or driving, on state trails and in state
parks, state recreation areas, and state forests.
new text end
new text begin Subd. 7. new text end
new text begin Duplicate horse trail passes. new text end
new text begin
The commissioner of natural resources and
agents shall issue a duplicate pass to a person whose pass is lost or destroyed using the
process established under section 97A.405, subdivision 3, and rules adopted thereunder.
The fee for a duplicate horse trail pass is $2, with an issuing fee of 50 cents.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 9.
Minnesota Statutes 2004, section 97A.028, subdivision 3, is amended to read:
Subd. 3.
Emergency deterrent materials assistance.
(a) For the purposes of this
subdivision, "cooperative damage management agreement" means an agreement between
a landowner or tenant and the commissioner that establishes a program for addressing the
problem of destruction of the landowner's or tenant's specialty crops or stored forage
crops by wild animals, or destruction of agricultural crops by flightless Canada geese.
(b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese. Subject to the availability of money appropriated for this purpose,
the commissioner shall provide suitable deterrent materials when the commissioner
determines that:
(1) immediate action is necessary to prevent significant damage from continuingnew text begin or
to prevent the spread of bovine tuberculosisnew text end ; and
(2) a cooperative damage management agreement cannot be implemented
immediately.
(c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed $3,000 for specialty cropsnew text begin , $5,000 for
measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle
herd that is infected with bovine tuberculosis as determined by the Board of Animal
Healthnew text end , deleted text begin ordeleted text end $750 for new text begin protecting new text end stored forage crops, or $500 for agricultural crops damaged
by flightless Canada geese. If a person is a co-owner or cotenant with respect to the
specialty crops for which the deterrent materials are provided, the deterrent materials are
deemed to be "provided" to the person for the purposes of this paragraph.
(d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.
Sec. 10.
Laws 2005, First Special Session chapter 1, article 2, section 3, subdivision 2,
is amended to read:
Subd. 2.Land and Mineral Resources | |
| deleted text begin 8,903,000deleted text end new text begin 8,653,000 new text end | 8,675,000 |
| Summary by Fund | ||
| General | deleted text begin 5,498,000 deleted text end new text begin 5,248,000 new text end | 5,248,000 |
| Natural Resources | 2,222,000 | 2,222,000 |
| Game and Fish | 983,000 | 1,005,000 |
| Permanent School | 200,000 | 200,000 |
$275,000 the first year and $275,000 the
second year are for iron ore cooperative
research, of which $137,500 the first year
and $137,500 the second year are available
only as matched by $1 of nonstate money for
each $1 of state money. The match may be
cash or in-kind.
$86,000 the first year and $86,000 the
second year are for minerals cooperative
environmental research, of which $43,000
the first year and $43,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kind.
$2,046,000 the first year and $2,046,000
the second year are from the minerals
management account in the natural resources
fund for only the purposes specified in
new Minnesota Statutes, section 93.2236,
paragraph (c). Of this amount, $1,526,000
the first year and $1,526,000 the second
year are for mineral resource management,
$420,000 the first year and $420,000 the
second year are for projects to enhance future
income and promote new opportunities,
including value-added iron products,
geological mapping, and mercury research,
and $100,000 the first year and $100,000 the
second year are for environmental review and
the processing of permits for mining projects
that involve state-owned mineral rights. The
appropriation is from the revenue deposited
in the minerals management account
under Minnesota Statutes, section 93.22,
subdivision 1, paragraph (b). $100,000 each
year is a onetime appropriation.
$150,000 the first year and $150,000
the second year are from the state forest
suspense account in the permanent school
fund to accelerate land exchanges, land
sales, and commercial leasing of school
trust lands. This appropriation is to be used
toward meeting the provisions of Minnesota
Statutes, section 92.121, to exchange school
trust lands or put alternatives in effect when
management practices have diminished
or prohibited revenue generation, and the
direction of Minnesota Statutes, section
127A.31, to secure maximum long-term
economic return from the school trust lands
consistent with fiduciary responsibilities and
sound natural resources conservation and
management principles.
$50,000 the first year and $50,000 the second
year are from the state forest suspense
account in the permanent school fund to
identify, evaluate, and lease construction
aggregate located on school trust lands.
deleted text begin $250,000 the first year is for a grant to
the Board of Regents of the University of
Minnesota to drill a 5,000 foot core sampling
bore hole at the Tower-Soudan mine complex
in support of a National Science Foundation
grant. This is a onetime appropriation.
deleted text end
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin
Unless otherwise specified, this article is effective the day following final enactment.
new text end
ARTICLE 10
CLEAN WATER LEGACY
Section 1. new text begin CLEAN WATER LEGACY APPROPRIATIONS.
|
||||||
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are appropriated
from the general fund to the agencies and for the purposes specified in this article. Unless
otherwise specified, the appropriations in this article are available for the fiscal year
ending June 30, 2007. Appropriations in this article that are encumbered under contract,
including grant contracts, on or before June 30, 2007, are available until June 30, 2009.
All the appropriations in this article are onetime appropriations.
new text end
new text begin
The appropriations in this article must be used to protect, restore, and preserve
the quality of Minnesota's surface waters. Allowable activities include surface water
assessments, program activities that target identified impairments, and development of
total maximum daily load studies (TMDL's) as required by section 303(d) of the federal
Clean Water Act, United States Code, title 33, section 1313(d), and applicable federal
regulations.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2007 new text end |
new text begin
TOTAL new text end |
|||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
15,000,000 new text end |
new text begin
$ new text end |
new text begin
15,000,000 new text end |
||
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2007 new text end |
||||||
Sec. 2. new text begin POLLUTION CONTROL AGENCY
|
new text begin
$ new text end |
new text begin
5,030,000 new text end |
||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Statewide assessment of surface water quality and trends new text end |
new text begin
1,860,000 new text end |
|||||
new text begin new text end
new text begin
Up to $1,010,000 is available for grants or
contracts to support citizen monitoring of
surface waters.
new text end
|
new text begin
(b) Develop TMDL's and TMDL implementation plans for waters listed on the United States Environmental Protection Agency approved 2004 impaired waters list new text end |
new text begin
3,170,000 new text end |
|||||
new text begin
Up to $1,740,000 is available for grants or
contracts to develop TMDL's.
new text end
Sec. 3. new text begin PUBLIC FACILITIES AUTHORITY
|
new text begin
100,000 new text end |
|||||
|
new text begin
Small community wastewater treatment loans and grants new text end |
new text begin
100,000 new text end |
|||||
Sec. 4. new text begin AGRICULTURE DEPARTMENT
|
new text begin
2,400,000 new text end |
|||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Agricultural best management practices loan program new text end |
new text begin
1,200,000 new text end |
|||||
new text begin
For loans to producers and rural landowners.
This appropriation is available until spent.
new text end
new text begin
At least $1,000,000 is available for
pass-through to local governments and
lenders for low-interest loans.
new text end
|
new text begin
(b) Technical assistance new text end |
new text begin
400,000 new text end |
|||||
new text begin
To expand technical assistance to producers
and conservation professionals on nutrient
and pasture management, target practices to
sources of water impairments, coordinate
federal and state farm conservation programs
to fully utilize federal conservation funds,
and expand conservation planning assistance
for producers.
new text end
new text begin
$210,000 is available for grants or contracts
to develop nutrient and conservation
planning assistance information materials.
new text end
|
new text begin
(c) Research, evaluation, and effectiveness monitoring of agricultural practices in restoring impaired waters new text end |
new text begin
800,000 new text end |
|||||
Sec. 5. new text begin BOARD OF WATER AND SOIL
|
new text begin
5,840,000 new text end |
|||||
new text begin
All of the money appropriated in this section
as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369.
new text end
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Targeted nonpoint restoration cost-share and incentive payments new text end |
new text begin
1,500,000 new text end |
|||||
new text begin
Up to $1,400,000 is available for grants.
new text end
new text begin new text end
|
new text begin
(b) Targeted nonpoint restoration technical, compliance, and engineering assistance activities new text end |
new text begin
2,000,000 new text end |
|||||
new text begin
Up to $1,800,000 is available for grants.
new text end
|
new text begin
(c) Reporting and evaluation of applied soil and water conservation practices new text end |
new text begin
200,000 new text end |
|||||
|
new text begin
(d) Grants to implement county individual sewage treatment system programs new text end |
new text begin
730,000 new text end |
|||||
|
new text begin
(e) Grants to support local nonpoint source protection activities related to lake and river protection and management new text end |
new text begin
1,410,000 new text end |
|||||
Sec. 6. new text begin DEPARTMENT OF NATURAL
|
new text begin
1,630,000 new text end |
|||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Statewide assessment of surface water quality and trends new text end |
new text begin
280,000 new text end |
|||||
|
new text begin
(b) Acquire high priority, sensitive riparian lands new text end |
new text begin
500,000 new text end |
|||||
|
new text begin
(c) Forest stewardship planning and implementation; research, evaluation, and monitoring; and technical assistance to local units of government new text end |
new text begin
850,000 new text end |
|||||
Sec. 7.
Minnesota Statutes 2004, section 114D.30, subdivision 2, as added by 2006 S.F.
No. 762, if enacted, is amended to read:
Subd. 2.
Membership; appointment.
The commissioners of natural resources,
agriculture, and the Pollution Control Agency, and the executive director of the Board of
Water and Soil Resources shall appoint one person from their respective agency to serve
as a member of the council. Agency members serve as nonvoting members of the council.
deleted text begin Seventeendeleted text end new text begin Nineteen new text end additional nonagency members of the council shall be appointed by
the governor as follows:
(1) two members representing statewide farm organizations;
(2) deleted text begin one memberdeleted text end new text begin two members new text end representing business organizations;
(3) deleted text begin one memberdeleted text end new text begin two members new text end representing environmental organizations;
(4) one member representing soil and water conservation districts;
(5) one member representing watershed districts;
(6) one member representing nonprofit organizations focused on improvement of
Minnesota lakes or streams;
(7) two members representing organizations of county governments, one member
representing the interests of rural counties and one member representing the interests of
counties in the seven-county metropolitan area;
(8) two members representing organizations of city governments;
(9) one member representing the Metropolitan Council established under section
473.123;
(10) one township officer;
(11) one member representing the interests of tribal governments;
(12) one member representing statewide hunting organizations;
(13) one member representing the University of Minnesota or a Minnesota state
university; and
(14) one member representing statewide fishing organizations.
Members appointed under clauses (1) to (14) must not be registered lobbyists. In making
appointments, the governor must attempt to provide for geographic balance. The members
of the council appointed by the governor are subject to the advice and consent of the senate.
ARTICLE 11
ECONOMIC DEVELOPMENT
Section 1. new text begin ECONOMIC DEVELOPMENT APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, First Special Session chapter 1, article 3, or other law to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2006" and "2007" used in this article mean that the addition
to the appropriation listed under them is available for the fiscal year ending June 30,
2006, or June 30, 2007, respectively. "The first year" is fiscal year 2006. "The second
year" is fiscal year 2007. "The biennium" is fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June 30, 2006,
are effective the day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
- 0 - new text end |
new text begin
$ new text end |
new text begin
29,552,000 new text end |
new text begin
$ new text end |
new text begin
29,552,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
1,250,000 new text end |
new text begin
1,950,000 new text end |
new text begin
3,200,000 new text end |
|||
|
new text begin
Petroleum Tank Cleanup new text end |
new text begin
477,000 new text end |
new text begin
478,000 new text end |
new text begin
955,000 new text end |
|||
|
new text begin
Telecommunications Access new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
||||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
1,727,000 new text end |
new text begin
$ new text end |
new text begin
32,180,000 new text end |
new text begin
$ new text end |
new text begin
33,907,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total appropriation
|
new text begin
$ new text end |
new text begin
1,250,000 new text end |
new text begin
$ new text end |
new text begin
29,552,000 new text end |
||
new text begin
This appropriation includes money for the
purposes in subdivisions 2 to 13.
new text end
new text begin Subd. 2. new text end
new text begin
Business and community
|
new text begin
467,000 new text end |
|||||
new text begin
For a grant to BioBusiness Alliance
of Minnesota for bioscience business
development programs that will work to grow
and create bioscience jobs in this state and
position Minnesota as a global biobusiness
leader. An annual report on the expenditure
of the appropriation must be submitted to
the senate Environment, Agriculture, and
Economic Development Budget Division,
and the house of representatives Jobs and
Economic Opportunity Policy and Finance
Committee by June 30 of each fiscal year
until the appropriation is expended. The
report must include the impact, if available,
of the subsidy on reducing consumer costs of
bioengineered products, and the jobs created,
including wages and benefits. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Youthbuild
|
new text begin
150,000 new text end |
|||||
new text begin
For the youthbuild program under Minnesota
Statutes, sections 116L.361 to 116L.366.
The base for this appropriation is $75,000 in
fiscal year 2008 and after.
new text end
new text begin Subd. 4. new text end
new text begin
Hard hats program
|
new text begin
200,000 new text end |
|||||
new text begin
For a grant to the Summit Academy OIC for
the 100 hard hats program. This is a onetime
appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Biotech partnership
|
new text begin
15,000,000 new text end |
|||||
new text begin
For the direct and indirect expenses of the
collaborative research partnership between
the University of Minnesota and the Mayo
Foundation for research in biotechnology
and medical genomics. The is a onetime
appropriation.
new text end
new text begin
An annual report on the expenditure of
this appropriation must be submitted
to the governor and the chairs of the
senate Higher Education Budget Division,
the house of representatives Higher
Education Finance Committee, the senate
Environment, Agriculture, and Economic
Development Budget Division, and
the house of representatives Jobs and
Economic Opportunity Policy and Finance
Committee by June 30 of each fiscal year
until the appropriation is expended. This
appropriation is available until expended.
new text end
new text begin Subd. 6. new text end
new text begin
Itasca County infrastructure
|
new text begin
11,500,000 new text end |
|||||
new text begin
For transfer to the Minnesota minerals 21st
century fund for a grant to Itasca County to
design, construct, and equip roads, rail lines,
natural gas pipelines, water supply systems,
or wastewater collection and treatment
systems for a steel plant in Itasca County. Of
this amount, up to $500,000 may be used for
other mineral related projects in the taconite
relief area. This is a onetime appropriation.
new text end
new text begin Subd. 7. new text end
new text begin
Programs for persons with
|
new text begin
150,000 new text end |
|||||
new text begin
For a grant to Advocating Change Together.
The grant must be used to provide training,
technical assistance, and resource materials
to persons with developmental and mental
health disabilities. This appropriation
becomes part of the base appropriation
for the Department of Employment and
Economic Development.
new text end
new text begin Subd. 8. new text end
new text begin
Wastewater treatment
|
new text begin
100,000 new text end |
|||||
new text begin
For a grant to the city of Cedar Mills for costs
it incurred in construction of a wastewater
treatment system for 28 properties. The
city must use the money to reduce its
indebtedness for additional costs of the
system that was not part of the originally
planned project and resulted in excessive
costs to homeowners. This is a onetime
appropriation.
new text end
new text begin Subd. 9. new text end
new text begin
Pilot workforce program
|
new text begin
250,000 new text end |
|||||
new text begin
This appropriation is from the workforce
development fund for grants to the West
Central Initiative in Fergus Falls. These
grants must be used to implement and operate
Northern Connections, a pilot workforce
program that provides one-stop supportive
services to assist individuals as they transition
into the workforce. This appropriation is
available to the extent matched by $1 of
nonstate money for each $1 of state money.
This is a onetime appropriation.
new text end
new text begin Subd. 10. new text end
new text begin
Summer youth employment
|
new text begin
1,250,000 new text end |
new text begin
1,250,000 new text end |
||||
new text begin
This appropriation is from the workforce
development fund for grants to fund summer
youth employment in Minneapolis. The
grants shall be used to fund up to 500 jobs for
youth each summer. Of this appropriation,
$250,000 the first year and $250,000 the
second year are for a grant to the learn-to-earn
summer youth employment program. The
commissioner shall establish criteria for
awarding the grants. This appropriation is
available in either year of the biennium and
is available until spent.
new text end
new text begin Subd. 11. new text end
new text begin
Veterans' memorial
|
new text begin
10,000 new text end |
|||||
new text begin
For a grant to the city of Worthington for
the construction of a veterans' memorial in
Freedom Veterans' Memorial Park. This
appropriation is contingent upon the receipt
of local matching money on a $1 to $1 basis.
This is a onetime appropriation.
new text end
new text begin Subd. 12. new text end
new text begin
Workforce partnership
|
new text begin
450,000 new text end |
|||||
new text begin
This appropriation is from the workforce
development fund for a pilot project to
encourage the licensure in Minnesota of
foreign-trained health care professionals,
including physicians, nurses, dentists,
pharmacists, veterinarians, and other allied
health care professionals. The commissioner
must work with local workforce boards to
award grants to foreign-trained health care
professionals that are sufficient to cover the
actual costs of taking a course intended to
prepare health care professionals for required
licensing examinations and the fee for taking
required licensing examinations. When
awarding grants, the commissioner must
consider whether the recipient's training
involves a medical specialty that is in demand
in one or more Minnesota communities. The
commissioner also must establish additional
criteria for the award of grants. The program
will begin on July 1, 2006, and end on June
30, 2007. The commissioner must submit a
report evaluating the effectiveness of the pilot
program to the legislative committees with
jurisdiction over employment by October 1,
2007. This is a onetime appropriation.
new text end
new text begin Subd. 13. new text end
new text begin
Housing collaboration
|
new text begin
25,000 new text end |
|||||
new text begin
For a grant to the city of St. Louis
Park for the Meadowbrook collaborative
housing project to enhance youth outreach
services and to provide educational and
recreational programming for at-risk
youth. The collaborative must include a
cross section of public and private sector
community representatives. This is a onetime
appropriation.
new text end
Sec. 3. new text begin DEPARTMENT OF COMMERCE
|
new text begin
477,000 new text end |
new text begin
478,000 new text end |
||||
new text begin
Notwithstanding Minnesota Statutes, section
115C.09, subdivision 2a, this appropriation is
from the petroleum tank release cleanup fund
for costs reimbursable to the Department of
Transportation under Minnesota Statutes,
section 115C.09, that were incurred
before January 1, 2004. This is a onetime
appropriation.
new text end
Sec. 4. new text begin DEPARTMENT OF HUMAN
|
new text begin
200,000 new text end |
|||||
new text begin
This appropriation is from the
telecommunications access Minnesota fund
under Minnesota Statutes, section 237.52,
to supplement the ongoing operational
expenses of the Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation shall become part of base level
funding for the commission for the biennium
beginning July 1, 2007.
new text end
Sec. 5. new text begin BOXING COMMISSION
|
new text begin
50,000 new text end |
|||||
new text begin
To operate and administer the commission.
This is a onetime appropriation.
new text end
new text begin
By December 15, 2006, the commission
must submit a report to the governor and
the legislature setting forth a fee schedule
that raises sufficient revenue to operate and
administer the commission in fiscal year
2008 and thereafter.
new text end
Sec. 6. new text begin EXPLORE MINNESOTA TOURISM
|
new text begin
1,700,000 new text end |
|||||
new text begin
For a grant to the Minnesota Film and
TV Board for reimbursements of up to 15
percent of film production costs incurred in
Minnesota, under Minnesota Statutes, section
116U.26. This appropriation is available for
films that begin filming on or after May 1,
2006, and is available until June 30, 2007.
This is a onetime appropriation.
new text end
Sec. 7. new text begin MINNESOTA HISTORICAL
|
new text begin
200,000 new text end |
|||||
new text begin
For a onetime grant to the Minnesota
Agricultural Interpretive Center in Waseca to
equip and restore current sites and exhibits.
new text end
Sec. 8.
Laws 2005, First Special Session chapter 1, article 3, section 2, subdivision 4,
is amended to read:
Subd. 4.Workforce Services | 27,960,000 | 28,160,000 | ||||
| Summary by Fund | ||
| General | 20,165,000 | 20,165,000 |
| Workforce Development | 7,795,000 | 7,995,000 |
$4,864,000 the first year and $4,864,000 the
second year are from the general fund and
$7,420,000 the first year and $7,420,000
the second year are from the workforce
development fund for extended employment
services for persons with severe disabilities
or related conditions under Minnesota
Statutes, section 268A.15. Of the amount
from the workforce development fund,
$500,000 each year is onetime.
$1,690,000 the first year and $1,690,000
the second year are from the general
fund for grants under Minnesota Statutes,
section 268A.11, for the eight centers for
independent living. Money not expended the
first year is available the second year.
$150,000 the first year and $150,000 the
second year are from the general fund
and $175,000 the first year and $175,000
the second year are from the workforce
development fund for grants under Minnesota
Statutes, section 268A.03, to Rise, Inc.
for the Minnesota Employment Center for
People Who are Deaf or Hard-of-Hearing.
Money not expended the first year is available
the second year. Of the amount from the
workforce development fund, $150,000 each
year isdeleted text begin onetimedeleted text end new text begin added to the budget basenew text end .
$1,000,000 the first year and $1,000,000
the second year are from the general fund
and $200,000 the first year and $400,000
the second year are from the workforce
development fund for grants for programs
that provide employment support services to
persons with mental illness under Minnesota
Statutes, sections 268A.13 and 268A.14.
Up to $77,000 each year may be used
for administrative and salary expenses.
The appropriation from the workforce
development fund is onetime.
$4,940,000 the first year and $4,940,000 the
second year are from the general fund for
state services for the blind activities.
$7,521,000 the first year and $7,521,000 the
second year are from the general fund for the
state's vocational rehabilitation program for
people with significant disabilities to assist
with employment, under Minnesota Statutes,
chapter 268A.
On or after July 1, 2005, the commissioner
of finance shall cancel the unencumbered
balance in the contaminated site cleanup and
development account to the unrestricted fund
balance in the general fund.
Sec. 9.
new text begin
[116J.656] SMALL BUSINESS ACCESS TO FEDERAL RESEARCH
FUNDS.
new text end
new text begin
(a) The commissioner shall assist small businesses to access federal money through
the federal Small Business Innovation Research program and the Small Business
Technology Transfer program. In providing this assistance, the commissioner shall
maintain connections to eligible federal programs, assess specific funding opportunities,
review funding proposals, provide referrals to specific consulting services, and hold
training workshops throughout the state.
new text end
new text begin
(b) Unless prohibited by federal law, the commissioner must implement fees for
services that help companies seek federal Phase II Small Business Innovation Research
grants. The fees must be deposited in a special revenue account and are annually
appropriated to the commissioner for the Small Business Innovation Research and Small
Business Technology Transfer programs.
new text end
Sec. 13.
new text begin
[116U.26] FILM JOBS PRODUCTION PROGRAM.
new text end
new text begin
(a) The film production jobs program is created. The program shall be operated
by the Minnesota Film and TV Board with administrative oversight and control by the
director of Explore Minnesota Tourism. The program shall make payment to producers of
feature films, national television programs, documentaries, music videos, and commercials
that directly create new film jobs in Minnesota. To be eligible for a payment, a producer
must submit documentation to the Minnesota Film and TV Board of expenditures for
production costs incurred in Minnesota that are directly attributable to the production
in Minnesota of a film product.
new text end
new text begin
The Minnesota Film and TV Board shall make recommendations to the director of
Explore Minnesota Tourism about program payment, but the director has the authority to
make the final determination on payments. The director's determination must be based
on proper documentation of eligible production costs submitted for payments. No more
than five percent of the funds appropriated for the program in any year may be expended
for administration.
new text end
new text begin
(b) For the purposes of this section:
new text end
new text begin
(1) "production costs" means the cost of the following:
new text end
new text begin
(i) a story and scenario to be used for a film;
new text end
new text begin
(ii) salaries of talent, management, and labor, including payments to personal
services corporations for the services of a performing artist;
new text end
new text begin
(iii) set construction and operations, wardrobe, accessories, and related services;
new text end
new text begin
(iv) photography, sound synchronization, lighting, and related services;
new text end
new text begin
(v) editing and related services;
new text end
new text begin
(vi) rental of facilities and equipment; or
new text end
new text begin
(vii) other direct costs of producing the film in accordance with generally accepted
entertainment industry practice; and
new text end
new text begin
(2) "film" means a movie, television show, documentary, music video, or television
commercial, whether on film or video. Film does not include news, current events, public
programming, or a program that includes weather or market reports; a talk show; a
production with respect to a questionnaire or contest; a sports event or sports activity; a
gala presentation or awards show; a finished production that solicits funds; or a production
for which the production company is required under United States Code, title 18, section
2257, to maintain records with respect to a performer portrayed in a single-media or
multimedia program.
new text end
Sec. 10.
Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is
amended to read:
Subd. 3.
Eligibility window.
Payments may be made under this section only for
electricity generated:
(1) from a qualified hydroelectric facility that is operational and generating
electricity before December 31, deleted text begin 2007deleted text end new text begin 2009new text end ;
(2) from a qualified wind energy conversion facility that is operational and
generating electricity before January 1, deleted text begin 2007deleted text end new text begin 2008new text end ; or
(3) from a qualified on-farm biogas recovery facility from July 1, 2001, through
December 31, 2017.
Sec. 11.
Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to read:
Subd. 4.
Payment period.
(a) A facility may receive payments under this section for
a ten-year period. No payment under this section may be made for electricity generated:
(1) by a qualified hydroelectric facility after December 31, deleted text begin 2017deleted text end new text begin 2019new text end ;
(2) by a qualified wind energy conversion facility after December 31, deleted text begin 2017deleted text end new text begin 2018new text end ; or
(3) by a qualified on-farm biogas recovery facility after December 31, 2015.
(b) The payment period begins and runs consecutively from the date the facility
begins generating electricity or, in the case of refurbishment of a hydropower facility, after
substantial repairs to the hydropower facility dam funded by the incentive payments are
initiated.
Sec. 12.
Minnesota Statutes 2004, section 326.105, is amended to read:
326.105 FEES.
The fee for licensure or renewal of licensure as an architect, professional engineer,
land surveyor, landscape architect, or geoscience professional is $120 per biennium.
The fee for certification as a certified interior designer or for renewal of the certificate
is $120 per biennium. The fee for an architect applying for original certification as a
certified interior designer is $50 per biennium. The initial license or certification fee for
all professions is $120. The renewal fee shall be paid biennially on or before June 30 of
each even-numbered year. The renewal fee, when paid by mail, is not timely paid unless it
is postmarked on or before June 30 of each even-numbered year. The application fee is
$25 for in-training applicants and $75 for professional license applicants.
deleted text begin
The fee for monitoring licensing examinations for applicants is $25, payable by
the applicant.
deleted text end
Sec. 13.
new text begin
[341.21] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Boxing. new text end
new text begin
"Boxing" means the act of attack and defense with the fists, using
padded gloves, that is practiced as a sport under the rules of the Association of Boxing
Commissions, or equivalent. Where applicable, boxing includes tough person contests.
new text end
new text begin Subd. 3. new text end
new text begin Commission. new text end
new text begin
"Commission" means the Minnesota Boxing Commission.
new text end
new text begin Subd. 4. new text end
new text begin Contest. new text end
new text begin
"Contest" means any boxing contest, match, or exhibition.
new text end
new text begin Subd. 5. new text end
new text begin Professional. new text end
new text begin
"Professional" means any person who competes for any
money prize or a prize that exceeds the value of $50 or teaches, pursues, or assists in the
practice of boxing as a means of obtaining a livelihood or pecuniary gain.
new text end
new text begin Subd. 6. new text end
new text begin Director. new text end
new text begin
"Director" means the executive director of the commission.
new text end
new text begin Subd. 7. new text end
new text begin Tough person contest. new text end
new text begin
"Tough person contest," including contests
marketed as tough man and tough woman contests, means any boxing match consisting
of one-minute rounds between two or more persons who use their hands, or their feet, or
both, in any manner. Tough person contest does not include kick boxing or any recognized
martial arts competition.
new text end
Sec. 14.
new text begin
[341.22] BOXING COMMISSION.
new text end
new text begin
There is hereby created the Minnesota Boxing Commission consisting of five
members who are citizens of this state. The members must be appointed by the governor.
One member of the commission must be a retired judge of the Minnesota district court,
Minnesota Court of Appeals, Minnesota Supreme Court, the United States District Court
for the District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three
members must have knowledge of the boxing industry. The governor shall make serious
efforts to appoint qualified women to serve on the commission. Membership terms,
compensation of members, removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements must be as provided in sections 214.07 to 214.09.
The provision of staff, administrative services, and office space; the review and processing
of complaints; the setting of fees; and other provisions relating to commission operations
must be as provided in chapter 214. The purpose of the commission is to protect health,
promote safety, and ensure fair events.
new text end
Sec. 15.
new text begin
[341.23] LIMITATIONS.
new text end
new text begin
No member of the Boxing Commission may directly or indirectly promote a boxing
contest, directly or indirectly engage in the managing of a boxer, or have an interest in any
manner in the proceeds from a boxing contest.
new text end
Sec. 16.
new text begin
[341.24] EXECUTIVE DIRECTOR.
new text end
new text begin
The governor may appoint, and at pleasure remove, an executive director and
prescribe the powers and duties of the office. The executive director shall not be a member
of the commission. The commission may employ personnel necessary to the performance
of its duties.
new text end
Sec. 17.
new text begin
[341.25] RULES.
new text end
new text begin
(a) The commission may adopt rules that include standards for the physical
examination and condition of boxers and referees.
new text end
new text begin
(b) The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of boxing exhibitions, bouts, and
fights, and their manner, supervision, time, and place.
new text end
Sec. 18.
new text begin
[341.26] MEETINGS.
new text end
new text begin
The commission shall hold a regular meeting quarterly and may hold special
meetings. Except as otherwise provided in law, all meetings of the commission must be
open to the public and reasonable notice of the meetings must be given under chapter 13D.
new text end
Sec. 19.
new text begin
[341.27] COMMISSION DUTIES.
new text end
new text begin
The commission shall:
new text end
new text begin
(1) issue, deny, renew, suspend, or revoke licenses;
new text end
new text begin
(2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
new text end
new text begin
(3) keep public records of the commission open to inspection at all reasonable times;
new text end
new text begin
(4) assist the director in the development of rules to be implemented under this
chapter; and
new text end
new text begin
(5) conform to the rules adopted under this chapter.
new text end
Sec. 20.
new text begin
[341.28] REGULATION OF BOXING CONTESTS.
new text end
new text begin Subdivision 1. new text end
new text begin Regulatory authority; boxing. new text end
new text begin
All professional boxing contests are
subject to this chapter. Every contestant in a boxing contest shall wear padded gloves that
weigh at least eight ounces. The commission shall, for every boxing contest:
new text end
new text begin
(1) direct a commission member to be present; and
new text end
new text begin
(2) direct the attending commission member to make a written report of the contest.
new text end
new text begin
All boxing contests within this state must be conducted according to the requirements
of this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Regulatory authority; tough person contests. new text end
new text begin
All tough person contests,
including amateur tough person contests, are subject to this chapter. Every contestant in a
tough person contest shall wear padded gloves that weigh at least 12 ounces.
new text end
Sec. 21.
new text begin
[341.29] JURISDICTION OF COMMISSION.
new text end
new text begin
The commission shall:
new text end
new text begin
(1) have sole direction, supervision, regulation, control, and jurisdiction over all
boxing contests and tough person contests held within this state unless a contest is exempt
from the application of this chapter under federal law;
new text end
new text begin
(2) have sole control, authority, and jurisdiction over all licenses required by this
chapter; and
new text end
new text begin
(3) grant a license to an applicant if, in the judgment of the commission, the financial
responsibility, experience, character, and general fitness of the applicant are consistent
with the public interest, convenience, or necessity and the best interests of boxing and
conforms with this chapter and the commission's rules.
new text end
Sec. 22.
new text begin
[341.30] LICENSURE; PERSONS REQUIRED TO OBTAIN
LICENSES; REQUIREMENTS; BACKGROUND INFORMATION; FEE; BOND.
new text end
new text begin Subdivision 1. new text end
new text begin Licensure; individuals. new text end
new text begin
All referees, judges, matchmakers,
promoters, trainers, ring announcers, timekeepers, ringside physicians, boxers, boxers'
managers, and boxers' seconds are required to be licensed by the commission. The
commission shall not permit any of these persons to participate in the holding or conduct
of any boxing contest unless the commission has first issued the person a license.
new text end
new text begin Subd. 2. new text end
new text begin Entity licensure. new text end
new text begin
Before participating in the holding or conduct of any
boxing contest, a corporation, partnership, limited liability company, or other business
entity organized and existing under law, its officers and directors, and any person holding
25 percent or more of the ownership of the corporation shall obtain a license from the
commission and must be authorized to do business under the laws of this state.
new text end
new text begin Subd. 3. new text end
new text begin Background investigation. new text end
new text begin
The commission may require referees, judges,
matchmakers, promoters, and boxers to furnish fingerprints and background information
under commission rules before licensure. The commission shall charge a fee for receiving
fingerprints and background information in an amount determined by the commission.
The commission may require referees, judges, matchmakers, promoters, and boxers to
furnish fingerprints and background information before license renewal. The fee may
include a reasonable charge for expenses incurred by the commission or the Department
of Public Safety. For this purpose, the commission and the Department of Public Safety
may enter into an interagency agreement.
new text end
new text begin Subd. 4. new text end
new text begin Prelicensure requirements. new text end
new text begin
(a) Before the commission issues a license to
a promoter, matchmaker, corporation, or other business entity, the applicant shall:
new text end
new text begin
(1) provide the commission with a copy of any agreement between a contestant and
the applicant that binds the applicant to pay the contestant a certain fixed fee or percentage
of the gate receipts;
new text end
new text begin
(2) show on the application the owner or owners of the applicant entity and the
percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;
new text end
new text begin
(3) provide the commission with a copy of the latest financial statement of the
entity; and
new text end
new text begin
(4) provide the commission with a copy or other proof acceptable to the commission
of the insurance contract or policy required by this chapter.
new text end
new text begin
(b) Before the commission issues a license to a promoter, the applicant shall deposit
with the commission a cash bond or surety bond in an amount set by the commission.
The bond shall be executed in favor of this state and shall be conditioned on the faithful
performance by the promoter of the promoter's obligations under this chapter and the
rules adopted under it.
new text end
new text begin
(c) Before the commission issues a license to a boxer, the applicant shall submit to the
commission the results of a current medical examination on forms furnished or approved
by the commission. The medical examination must include an ophthalmological and
neurological examination. The ophthalmological examination must be designed to detect
any retinal defects or other damage or condition of the eye that could be aggravated by
boxing. The neurological examination must include an electroencephalogram or medically
superior test if the boxer has been knocked unconscious in a previous boxing or other
athletic competition. The commission may also order an electroencephalogram or other
appropriate neurological or physical examination before any contest, match, or exhibition
if it determines that the examination is desirable to protect the health of the boxer.
new text end
Sec. 23.
new text begin
[341.31] SIMULCAST LICENSES.
new text end
new text begin
The commission shall issue a license to a person or organization holding, showing, or
exhibiting a simultaneous telecast of any live, current, or spontaneous boxing or sparring
match on a closed circuit telecast or subscription television program viewed within the
state, whether originating in this state or elsewhere, and for which a charge is made. Each
person or organization shall apply for such a license in advance of each showing. No
showing may be licensed unless the person or organization applying for the license:
new text end
new text begin
(1) certifies that the match is subject to the jurisdiction and regulation of a boxing or
athletic regulatory authority in another state or country;
new text end
new text begin
(2) certifies the match is in compliance with the requirements of the authority;
new text end
new text begin
(3) identifies the authority; and
new text end
new text begin
(4) provides any information the commission may require.
new text end
Sec. 24.
new text begin
[341.32] LICENSE FEES; EXPIRATION; RENEWAL.
new text end
new text begin Subdivision 1. new text end
new text begin Annual licensure. new text end
new text begin
The commission may establish and issue annual
licenses subject to the collection of advance fees by the commission for promoters,
matchmakers, managers, judges, referees, ring announcers, ringside physicians,
timekeepers, boxers, boxers' trainers, boxers' seconds, business entities filing for a license
to participate in the holding of any boxing contest, and officers, directors, or other persons
affiliated with the business entity.
new text end
new text begin Subd. 2. new text end
new text begin Expiration and renewal. new text end
new text begin
A license expires December 31 at midnight in
the year of its issuance and may be renewed by filing an application for renewal with the
commission and payment of the license fee. An application for a license and renewal of a
license must be on a form provided by the commission. There is a 30-day grace period
during which a license may be renewed if a late filing penalty fee equal to the license fee
is submitted with the regular license fee. A licensee that files late shall not conduct any
activity regulated by this chapter until the commission has renewed the license. If the
licensee fails to apply to the commission within the 30-day grace period, the licensee must
apply for a new license under subdivision 1.
new text end
Sec. 25.
new text begin
[341.321] FEE SCHEDULE.
new text end
new text begin
The fee schedule for licenses issued by the Minnesota Boxing Commission is as
follows:
new text end
new text begin
(1) referees, $35 for each initial license and each renewal;
new text end
new text begin
(2) promoters, $400 for each initial license and each renewal;
new text end
new text begin
(3) judges, $25 for each initial license and each renewal;
new text end
new text begin
(4) trainers, $35 for each initial license and each renewal;
new text end
new text begin
(5) ring announcers, $25 for each initial license and each renewal;
new text end
new text begin
(6) boxers' seconds, $25 for each initial license and each renewal;
new text end
new text begin
(7) timekeepers, $25 for each initial license and each renewal; and
new text end
new text begin
(8) boxers, $35 for each initial license and each renewal.
new text end
new text begin
All fees collected by the Minnesota Boxing Commission must be deposited in the Boxing
Commission account in the special revenue fund.
new text end
Sec. 26.
new text begin
[341.33] CONTESTANTS AND REFEREES; PHYSICAL
EXAMINATION; ATTENDANCE OF PHYSICIAN; PAYMENT OF FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Examination by physician. new text end
new text begin
All boxers and referees must be
examined by a physician licensed by this state within three hours before entering the
ring, and the examining physician shall immediately file with the commission a written
report of the examination. The physician's examination shall report on the condition
of the boxer's heart and general physical and neurological condition. The physician's
report may record the condition of the boxer's nervous system and brain as required by
the commission. The physician may prohibit the boxer from entering the ring if, in the
physician's professional opinion, it is in the best interest of the boxer's health. The cost of
the examination is payable by the person or entity conducting the contest or exhibition.
new text end
new text begin Subd. 2. new text end
new text begin Attendance of physician. new text end
new text begin
A person holding or sponsoring a boxing
contest shall have in attendance a physician licensed by this state. The commission may
establish a schedule of fees to be paid to each attending physician by the person holding
or sponsoring the contest.
new text end
Sec. 27.
new text begin
[341.34] INSURANCE.
new text end
new text begin Subdivision 1. new text end
new text begin Required insurance. new text end
new text begin
The commission shall:
new text end
new text begin
(1) require insurance coverage for a boxer to provide for medical, surgical, and
hospital care for injuries sustained in the ring in an amount of at least $20,000 and payable
to the boxer as beneficiary; and
new text end
new text begin
(2) require life insurance for a boxer in the amount of at least $20,000 payable in
case of accidental death resulting from injuries sustained in the ring.
new text end
new text begin Subd. 2. new text end
new text begin Payment for insurance. new text end
new text begin
The cost of the insurance required by this section
is payable by the promoter.
new text end
Sec. 28.
new text begin
[341.35] PENALTIES FOR NONLICENSED EXHIBITIONS.
new text end
new text begin
Any person or persons who send or cause to be sent, published, or otherwise made
known, any challenge to fight what is commonly known as a prize fight, or engage in any
public boxing or sparring match or contest, with or without gloves, for any prize, reward,
or compensation, or for which any admission fee is charged directly or indirectly, or go into
training preparatory for the fight, exhibition, or contest, or act as a trainer, aider, abettor,
backer, umpire, referee, second, surgeon, assistant, or attendant at the fight, exhibition, or
contest, or in any preparation for same, and any owner or lessee of any ground, building,
or structure of any kind permitting the same to be used for any fight, exhibition, or contest,
is guilty of a misdemeanor unless a license for the holding of the fight, exhibition, or
contest has been issued by the commission in compliance with the rules adopted by it.
new text end
Sec. 29.
new text begin
[341.37] APPROPRIATION.
new text end
new text begin
A Boxing Commission account is created in the special revenue fund. Money in
the account is annually appropriated to the Boxing Commission for the purposes of
conducting its statutory responsibilities and obligations.
new text end
Sec. 30.
Minnesota Statutes 2004, section 469.334, subdivision 1, is amended to read:
Subdivision 1.
Commissioner to designate.
(a) The commissioner, in consultation
with the commissioner of revenue and the director of the Office of Strategic and
Long-Range Planning, shall designate deleted text begin not more thandeleted text end one new text begin or more new text end biotechnology and
health sciences industry zone. Priority must be given to applicants with a development
plan that links a higher education/research institution with a biotechnology and health
sciences industry facility.
(b) The commissioner may consult with the applicant prior to the designation of the
zone. The commissioner may modify the development plan, including the boundaries of
the zone or subzones, if in the commissioner's opinion a modified plan would better
meet the objectives of the biotechnology and health sciences industry zone program. The
commissioner shall notify the applicant of the modifications and provide a statement of
the reasons for the modifications.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 31.
Minnesota Statutes 2004, section 469.334, subdivision 4, is amended to read:
Subd. 4.
Designation schedule.
(a) The schedule in paragraphs (b) to (e) applies to
the designation of the new text begin first new text end biotechnology and health sciences industry zone.
(b) The commissioner shall publish the form for applications and any procedural,
form, or content requirements for applications by no later than August 1, 2003. The
commissioner may publish these requirements on the Internet, in the State Register, or by
any other means the commissioner determines appropriate to disseminate the information
to potential applicants for designation.
(c) Applications must be submitted by October 15, 2003.
(d) The commissioner shall designate the zones by no later than December 31, 2003.
(e) The designation of the zones takes effect January 1, 2004.
new text begin
(f) Additional zones may be designated in later years, following substantially the
same application and designation process as provided in paragraphs (b) to (e).
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. 32. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 116J.543,
new text end
new text begin
is repealed.
new text end
ARTICLE 12
TRANSPORTATION
Section 1. new text begin TRANSPORTATION APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to
the appropriations in Laws 2005, First Special Session chapter 6, article 1, or other
specified law, to the named agencies and for the specified purposes. The sums shown are
appropriated from the general fund, or another named fund, to be available for the fiscal
year indicated for each purpose. The figure "2007" used in this article means that the
appropriations listed under it are available for the fiscal year ending June 30, 2007.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30, 2007 new text end |
||||||
|
new text begin
$ new text end |
||||||
Sec. 2. new text begin TOTAL APPROPRIATION
|
new text begin
692,000 new text end |
|||||
Sec. 3. new text begin TRANSPORTATION
|
||||||
new text begin
Department of Transportation radio tower
|
new text begin
380,000 new text end |
|||||
new text begin
To design and construct a new radio tower
in Roseau County. This appropriation is
available until expended.
new text end
Sec. 4. new text begin STATE PATROL
|
||||||
new text begin
Automatic defibrillators
|
new text begin
312,000 new text end |
|||||
new text begin
For purchase of automated external
defibrillators for State Patrol vehicles. This
is a onetime appropriation. It is available
until June 30, 2009, and is available only
as matched by $2 from nonstate sources for
each $3 from this appropriation.
new text end
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 13
PUBLIC SAFETY
Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, chapter 136, article 1, or other law to the agencies and for
the purposes specified in this article. The appropriations are from the general fund or
another named fund and are available for the fiscal years indicated for each purpose. The
figures "2006" and "2007" used in this article mean that the addition to the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. "The first year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
3,846,000 new text end |
new text begin
$ new text end |
new text begin
15,774,000 new text end |
new text begin
$ new text end |
new text begin
19,620,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
new text begin
200,000 new text end |
|||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
3,846,000 new text end |
new text begin
$ new text end |
new text begin
15,974,000 new text end |
new text begin
$ new text end |
new text begin
19,820,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
600,000 new text end |
||
|
new text begin
AOD offenders new text end |
||||||
new text begin
For the first phase of a judicial initiative
to more effectively address the increasing
numbers of alcohol and other drug (AOD)
offenders coming into Minnesota courts,
including the increase in methamphetamine
offenders. This is a onetime appropriation.
Of this amount:
new text end
new text begin
(1) $300,000 is for a study to recommend a
more uniform and cost-effective structure
for creating statewide applications of the
problem-solving court model;
new text end
new text begin
(2) $100,000 is to augment treatment services
for problem-solving courts; and
new text end
new text begin
(3) $200,000 is for development of a
multicounty pilot problem-solving court.
new text end
Sec. 3. new text begin BOARD ON JUDICIAL
|
new text begin
172,000 new text end |
new text begin
-0- new text end |
||||
|
new text begin
Special hearings new text end |
||||||
new text begin
For costs of special hearings and an
investigation regarding complaints of judicial
misconduct. This is a onetime appropriation
and is available until June 30, 2007.
new text end
Sec. 4. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total appropriation
|
new text begin
461,000 new text end |
new text begin
4,628,000 new text end |
||||
new text begin
These appropriations are added to the
appropriations in Laws 2005, chapter 136,
article 1, section 9. The amounts that may
be spent from these appropriations for each
program are specified in subdivisions 2, 3,
and 4.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
284,000 new text end |
new text begin
-0- new text end |
||||
new text begin
The fiscal year 2006 appropriation is to
provide matching funds for FEMA funds
received for natural disaster assistance
payments. This appropriation is available
on the day after enactment and is available
until June 30, 2007. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
-0- new text end |
new text begin
1,300,000 new text end |
||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Child pornography investigative unit new text end |
new text begin
-0- new text end |
new text begin
1,000,000 new text end |
||||
new text begin
To create a child pornography investigative
unit to assist law enforcement throughout
the state. The base for this activity shall be
$778,000 in fiscal year 2008 and fiscal year
2009.
new text end
|
new text begin
(b) Predatory offender database new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For the enhancement of the predatory
offender database to facilitate public
notification of noncompliant sex offenders
via the Internet. The base for this activity
shall be $116,000 in fiscal year 2008 and
fiscal year 2009.
new text end
|
new text begin
(c) Missing persons and unidentified bodies backlog new text end |
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
To address the missing persons and
unidentified bodies backlog. This is a
onetime appropriation.
new text end
new text begin
The superintendent shall coordinate with
federal and local units of government;
federal, state, and local law enforcement
agencies; medical examiners; coroners;
odontologists; and other entities to reduce
the state's reporting, data entry, and
record-keeping backlog relating to missing
persons and unidentified bodies. To the
degree feasible, the superintendent shall
ensure that all necessary data and samples,
including, but not limited to, DNA samples
and dental records get entered into all
relevant federal and state databases.
new text end
new text begin
By February 1, 2007, the superintendent shall
report to the chairs and ranking minority
members of the senate and house committees
and divisions having jurisdiction over
criminal justice policy and funding on the
efforts to reduce the state's backlog. The
report must give detailed information on how
this appropriation was spent and how this
affected the backlog. In addition, the report
must make recommendations for changes
to state law, including suggested legislative
language, to improve reporting, data entry,
and record keeping relating to future cases
involving missing persons and unidentified
bodies.
new text end
new text begin
The superintendent, in consultation with
the Minnesota Sheriffs Association and the
Minnesota Chiefs of Police Association,
shall develop a model policy to address law
enforcement efforts and duties regarding
missing adults and provide training to local
law enforcement agencies on this model
policy.
new text end
new text begin
By February 1, 2007, the superintendent shall
report to the chairs and ranking minority
members of the senate and house committees
and divisions having jurisdiction over
criminal justice policy and funding on the
model policy and training.
new text end
new text begin Subd. 4. new text end
new text begin
Office of justice programs
|
new text begin
177,000 new text end |
new text begin
3,328,000 new text end |
||||
new text begin
This appropriation may be spent for the
following purposes:
new text end
|
new text begin
(a) Gang strike force and narcotic task forces new text end |
new text begin
-0- new text end |
new text begin
800,000 new text end |
||||
new text begin
For expanded operations of the criminal gang
strike force and narcotics task forces. This
money is to be used to expand the activities
of the criminal gang strike force and narcotics
task forces to include investigations of gang
or narcotics-related human trafficking and
domestic or international drug trafficking
cases. This appropriation must be used to
increase the complement of individuals
assigned to the criminal gang strike force and
narcotics task forces throughout the state.
new text end
|
new text begin
(b) Safe harbor for sexually exploited youth pilot project new text end |
new text begin
-0- new text end |
new text begin
98,000 new text end |
||||
new text begin
For a grant to Ramsey County to implement
the safe harbor for sexually exploited youth
pilot project. The project must develop a
victim services model to address the needs
of sexually exploited youth. The project
must focus on intervention and prevention
methods; training for law enforcement,
educators, social services providers, health
care workers, advocates, court officials,
prosecutors, and public defenders; and
programs promoting positive outcomes
for victims. The project must include
development and implementation of a
statewide model protocol for intervention
and response methods for professionals,
individuals, and agencies that may encounter
sexually exploited youth. "Sexually
exploited youth" include juvenile runaways,
truants, and victims of criminal sexual
conduct, prostitution, labor trafficking, sex
trafficking, domestic abuse, and assault. This
is a onetime appropriation.
new text end
new text begin
By January 15, 2008, Ramsey County shall
report to the chairs and ranking minority
members of the senate and house committees
and divisions having jurisdiction over
criminal justice funding and policy on the
results of the pilot project.
new text end
|
new text begin
(c) Human trafficking task force and plan new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
||||
new text begin
To implement Minnesota Statutes, sections
299A.78 to 299A.7955, relating to the human
trafficking task force and plan. This is a
onetime appropriation.
new text end
|
new text begin
(d) Legal advocacy trafficking victims new text end |
new text begin
-0- new text end |
new text begin
60,000 new text end |
||||
new text begin
For grants to three weekly clinics in
Hennepin County that are staffed by
attorneys from a nonprofit organization that
provides free legal services to immigrants.
This is a onetime appropriation.
new text end
|
new text begin
(e) Toll-free hotline new text end |
new text begin
-0- new text end |
new text begin
35,000 new text end |
||||
new text begin
To implement the toll-free hotline for
trafficking victims described in Minnesota
Statutes, section 299A.7957. The base
budget for this activity is $15,000 in fiscal
year 2008 and fiscal year 2009.
new text end
|
new text begin
(f) Youth intervention programs new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For youth intervention programs under
Minnesota Statutes, section 299A.73.
This money must be used to help existing
programs serve unmet needs in communities
and to create new programs in underserved
areas of the state. This appropriation is added
to the program's base budget.
new text end
|
new text begin
(g) Crime victim support grant new text end |
new text begin
-0- new text end |
new text begin
150,000 new text end |
||||
new text begin
For a grant to a private, nonprofit
organization dedicated to providing
immediate and long-term emotional support
and practical help for the families and friends
of individuals who have died by homicide,
suicide, or accident. This is a onetime
appropriation.
new text end
|
new text begin
(h) Minneapolis Security Collaborative new text end |
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For a grant to the city of Minneapolis. This
grant money is to be used by the Minneapolis
Police Department to expand the worksite
system throughout the city that supports the
downtown security collaborative currently in
use in the city's first precinct. The city shall
give the highest priority to expanding the
system to neighborhoods having the highest
crime rate per capita. This is a onetime
appropriation.
new text end
|
new text begin
(i) Additional Minneapolis peace officers new text end |
new text begin
-0- new text end |
new text begin
1,533,000 new text end |
||||
new text begin
For a grant to the city of Minneapolis.
This grant money is to be used by the
Minneapolis Police Department to hire
additional peace officers to be assigned to
downtown Minneapolis.
new text end
new text begin
The commissioner shall work with
the Bureau of Criminal Apprehension,
the State Patrol, the Hennepin County
Sheriff's Office, the Minneapolis Police
Department, and the Metro Transit Police,
in a collaborative manner to increase and
coordinate law enforcement efforts in
downtown Minneapolis. This is a onetime
appropriation.
new text end
|
new text begin
(j) Financial Crimes Task Force new text end |
new text begin
177,000 new text end |
new text begin
177,000 new text end |
||||
new text begin
This is a onetime appropriation.
new text end
Sec. 5. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total appropriation
|
new text begin
3,213,000 new text end |
new text begin
10,546,000 new text end |
||||
new text begin
These appropriations are added to the
appropriations in Laws 2005, chapter 136,
article 1, section 13. The amounts that may
be spent from these appropriations for each
program are specified in subdivisions 2 and
3.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional institutions
|
new text begin
2,668,000 new text end |
new text begin
8,788,000 new text end |
||||
new text begin
The base for this item is $6,875,000 in fiscal
year 2008 and fiscal year 2009.
new text end
new text begin Subd. 3. new text end
new text begin
Community services
|
||||||
|
new text begin
(a) General operations new text end |
new text begin
545,000 new text end |
new text begin
1,758,000 new text end |
||||
new text begin
The base for this item is $1,250,000 in fiscal
year 2008 and fiscal year 2009.
new text end
|
new text begin
(b) Mentoring program new text end |
new text begin
-0- new text end |
new text begin
250,000 new text end |
||||
new text begin
For a grant to a nonprofit organization that
is located in the greater Twin Cities and
provides one-to-one mentoring relationships
to youth enrolled between the ages of seven
to 13 whose parent or other significant
family member is incarcerated in a county
workhouse, county jail, state prison, or other
type of correctional facility or is subject to
correctional supervision. The grant must be
used to provide children with adult mentors
to strengthen developmental outcomes,
including enhanced self-confidence and
esteem; improved academic performance;
and improved relationships with peers,
family, and other adults designed to prevent
the mentored youth from entering the
juvenile justice system.
new text end
new text begin
As a condition of receiving the grant, the
grant recipient must:
new text end
new text begin
(1) collaborate with other organizations
that have a demonstrated history of
providing services to youth and families in
disadvantaged situations;
new text end
new text begin
(2) implement procedures to ensure that the
mentors pose no safety risk to the child and
have the skills to participate in a mentoring
relationship;
new text end
new text begin
(3) provide enhanced training to mentors
focusing on asset building and family
dynamics when a parent is incarcerated; and
new text end
new text begin
(4) provide individual family plan and
aftercare.
new text end
new text begin
The grant recipient must submit an evaluation
plan to the commissioner delineating the
program and student outcome goals and
activities implemented to achieve the stated
outcomes. The goals must be clearly stated
and measurable. The grant recipient must
collect, analyze, and report on participation
and outcome data that enable the department
to verify that the program goals were met.
This is a onetime appropriation.
new text end
|
new text begin
(c) Scott County new text end |
new text begin
-0- new text end |
new text begin
196,000 new text end |
||||
new text begin
To increase the Community Corrections Act
subsidy for the addition of Scott County.
The money must be distributed according
to the community corrections aid formula
contained in Minnesota Statutes, section
401.10.
new text end
|
new text begin
(d) Discharge planning new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
new text begin
Base funding for fiscal years 2008 and 2009
for discharge planning for inmates with
mental illness is $200,000 each year.
new text end
Sec. 6.
Laws 2005, chapter 136, article 1, section 10, is amended to read:
Sec. 10.PEACE OFFICER STANDARDS
|
4,154,000 |
deleted text begin
4,014,000 deleted text end new text begin 4,214,000 new text end |
||||
EXCESS AMOUNTS TRANSFERRED.
This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,154,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account
in the second year in excess of deleted text begin $4,014,000deleted text end new text begin
$4,214,000new text end must be transferred and credited
to the general fund.
TECHNOLOGY IMPROVEMENTS.
$140,000 the first year is for technology
improvements.
PEACE OFFICER TRAINING
REIMBURSEMENT. $2,909,000 deleted text begin eachdeleted text end new text begin the
first new text end yearnew text begin and $3,109,000 the second yearnew text end is
for reimbursements to local governments for
peace officer training costs.
Sec. 7.
Minnesota Statutes 2005 Supplement, section 299A.641, subdivision 3, is
amended to read:
Subd. 3.
Oversight council's duties.
The oversight council shall develop an overall
strategy to ameliorate the harm caused to the public by gang and drug crime within
the state of Minnesota. This strategy may include the development of protocols and
procedures to investigate gang and drug crime and a structure for best addressing these
issues in a multijurisdictional manner. Additionally, the oversight council shall:
(1) identify and recommend a candidate or candidates for statewide coordinator to
the commissioner of public safety;
(2) establish multijurisdictional task forces and strike forces to combat gang and
drug crime, to include a metro gang strike forcenew text begin and a gang strike force located in the St.
Cloud metropolitan areanew text end ;
(3) assist the Department of Public Safety in developing an objective grant review
application process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on grants
to support efforts to combat gang and drug crime;
(5) assist in developing a process to collect and share information to improve the
investigation and prosecution of drug offenses;
(6) develop and approve an operational budget for the office of the statewide
coordinator and the oversight council; and
(7) adopt criteria and identifying characteristics for use in determining whether
individuals are or may be members of gangs involved in criminal activity.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2005 Supplement, section 299A.78, is amended to read:
299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to , the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental
organizations that provide legal, social, or other community services.
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
(e) "Forced labor or services" has the meaning given in section 609.281, subdivision
4.
(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
Subd. 2.
General duties.
The commissioner of public safety, in cooperation with
local authorities, shallnew text begin :
new text end
new text begin (1)new text end collect, share, and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesotadeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) analyze the collected data to develop a plan to address and prevent human
trafficking.
new text end
Subd. 3.
Outside services.
As provided for in section 15.061, the commissioner of
public safety may contract with professional or technical services in connection with the
duties to be performed under deleted text begin sectiondeleted text end new text begin sections new text end 299A.785new text begin , 299A.79, and 299A.795new text end . The
commissioner may also contract with other outside organizations to assist with the duties
to be performed under deleted text begin sectiondeleted text end new text begin sections new text end 299A.785new text begin , 299A.79, and 299A.795new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
new text begin
[299A.79] TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Data analysis. new text end
new text begin
The commissioner shall analyze the data collected
in section 299A.785 to develop a plan to address current trafficking and prevent future
trafficking in this state. The commissioner may evaluate various approaches used by
other state and local governments to address trafficking. The plan must include, but not
be limited to:
new text end
new text begin
(1) ways to train agencies, organizations, and officials involved in law enforcement,
prosecution, and social services;
new text end
new text begin
(2) ways to increase public awareness of trafficking; and
new text end
new text begin
(3) procedures to enable the state government to work with nongovernmental
organizations to prevent trafficking.
new text end
new text begin Subd. 2. new text end
new text begin Training plan. new text end
new text begin
The training plan required in subdivision 1 must include:
new text end
new text begin
(1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods;
new text end
new text begin
(2) methods for prosecuting traffickers;
new text end
new text begin
(3) methods for protecting the rights of trafficking victims, taking into account
the need to consider human rights and special needs of women and children trafficking
victims; and
new text end
new text begin
(4) methods for promoting the safety of trafficking victims.
new text end
new text begin Subd. 3. new text end
new text begin Public awareness initiative. new text end
new text begin
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
new text end
new text begin
(1) the risks of becoming a trafficking victim;
new text end
new text begin
(2) common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm;
new text end
new text begin
(3) crime victims' rights; and
new text end
new text begin
(4) reporting recruitment activities involved in trafficking.
new text end
new text begin Subd. 4. new text end
new text begin Report to legislature. new text end
new text begin
The commissioner shall report the plan to the chairs
and ranking minority members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding by December 15, 2006.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10.
new text begin
[299A.795] TRAFFICKING VICTIM ASSISTANCE.
new text end
new text begin
The commissioner may review the existing services and facilities to meet trafficking
victims' needs and recommend a plan that would coordinate the services including, but
not limited to:
new text end
new text begin
(1) medical and mental health services;
new text end
new text begin
(2) housing;
new text end
new text begin
(3) education and job training;
new text end
new text begin
(4) English as a second language;
new text end
new text begin
(5) interpreting services;
new text end
new text begin
(6) legal and immigration services; and
new text end
new text begin
(7) victim compensation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
new text begin
[299A.7955] HUMAN TRAFFICKING TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Creation and duties. new text end
new text begin
By September 1, 2006, the commissioner shall
appoint a 22-member task force on human trafficking to advise the commissioner on the
commissioner's duties in sections 299A.78 to 299A.795. The task force shall also serve as
a liaison between the commissioner and agencies and nongovernmental organizations that
provide services to trafficking victims. The members must receive expense reimbursement
as specified in section 15.059.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
To the extent possible, the human trafficking task force
consists of the following individuals, or their designees, who are knowledgeable in
trafficking, crime victims' rights, or violence protection:
new text end
new text begin
(1) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(2) a representative of the Bureau of Criminal Apprehension;
new text end
new text begin
(3) a representative of the Minnesota Sheriffs' Association;
new text end
new text begin
(4) a peace officer who works and resides in the metropolitan area, composed of
Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties;
new text end
new text begin
(5) a peace officer who works and resides in the nonmetropolitan area;
new text end
new text begin
(6) a county attorney who works in Hennepin County;
new text end
new text begin
(7) a county attorney who works in Ramsey County;
new text end
new text begin
(8) a representative of the attorney general's office;
new text end
new text begin
(9) a representative of the Department of Public Safety's office of justice program;
new text end
new text begin
(10) a representative of the federal Homeland Security Department;
new text end
new text begin
(11) a representative of the Department of Health;
new text end
new text begin
(12) the chair or executive director of the Council on Asian-Pacific Minnesotans;
new text end
new text begin
(13) the chair or executive director of the Minnesota Chicano-Latino Affairs Council;
new text end
new text begin
(14) a representative of the United States Attorney's Office; and
new text end
new text begin
(15) eight representatives from nongovernmental organizations, which may include
representatives of:
new text end
new text begin
(i) the Minnesota Coalition for Battered Women;
new text end
new text begin
(ii) the Minnesota Coalition Against Sexual Assault;
new text end
new text begin
(iii) a statewide or local organization that provides civil legal services to women
and children;
new text end
new text begin
(iv) a statewide or local organization that provides mental health services to women
and children;
new text end
new text begin
(v) a statewide or local human rights and social justice advocacy organization;
new text end
new text begin
(vi) a statewide or local organization that provides services to victims of torture,
trauma, or human trafficking;
new text end
new text begin
(vii) a statewide or local organization that serves the needs of immigrants and
refugee women and children from diverse ethnic communities; and
new text end
new text begin
(viii) a statewide or local organization that provides legal services to low-income
immigrants.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall annually elect a chair and
vice-chair from among its members, and may elect other officers as necessary. The task
force shall meet at least quarterly, or upon the call of its chair. The task force shall meet
sufficiently enough to accomplish the tasks identified in this section.
new text end
new text begin
(b) The task force shall seek out and enlist the cooperation and assistance of
nongovernmental organizations and academic researchers, especially those specializing in
trafficking, representing diverse communities disproportionately affected by trafficking, or
focusing on child services and runaway services.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, the task force expires June
30, 2011, or once it has implemented and evaluated the programs and policies in sections
299A.78 to 299A.795 to the satisfaction of the commissioner, whichever occurs first.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
new text begin
[299A.7957] TOLL-FREE HOTLINE FOR TRAFFICKING VICTIMS.
new text end
new text begin
(a) As used in this section, "trafficking victim" has the meaning given in section
299A.78, subdivision 1.
new text end
new text begin
(b) The commissioner of public safety shall contract with a nonprofit organization
that provides legal services to domestic and international trafficking victims to maintain a
toll-free telephone hotline for trafficking victims.
new text end
new text begin
The hotline must be in place by January 1, 2007, and must be operated 24 hours
a day, 365 days a year. The hotline must offer language interpreters for languages
commonly spoken in Minnesota, including, but not limited to, Spanish, Vietnamese,
Hmong, and Somali. At a minimum, the hotline must screen trafficking victims, both
domestic and international, and provide appropriate referrals to attorneys and victims'
services organizations.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
ARTICLE 14
STATE GOVERNMENT
Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS.
new text end
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to the
appropriations in Laws 2005, chapter 156, article 1, or other law to the agencies and
for the purposes specified in this article. The appropriations are from the general fund
or another named fund and are available for the fiscal year indicated for each purpose.
The figure "2007" used in this article means that the addition to the appropriation listed
under it is available for the fiscal year ending June 30, 2007.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2007 new text end |
||||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
2,422,000 new text end |
||||
|
new text begin
Workers' Compensation new text end |
new text begin
$ new text end |
new text begin
320,000 new text end |
||||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
2,742,000 new text end |
||||
|
new text begin
APPROPRIATION new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30, 2007 new text end |
||||||
Sec. 2. new text begin LEGISLATURE
|
new text begin new text end | new text begin new text end | ||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin new text end |
new text begin
$ new text end |
new text begin
37,000 new text end |
|||
new text begin
The appropriations in this section are to the
Legislative Coordinating Commission for
the purposes in subdivisions 2 and 3.
new text end
new text begin Subd. 2. new text end
new text begin
Legislative forums
|
new text begin
30,000 new text end |
|||||
new text begin
For the cost of annual forums to improve
legislative effectiveness. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
International Legislators' Forum
|
new text begin
7,000 new text end |
|||||
new text begin
For the International Legislators' Forum,
to allow Minnesota legislators to meet with
counterparts from South Dakota, North
Dakota, and Manitoba, Canada, to discuss
issues of mutual concern. This is a onetime
appropriation.
new text end
Sec. 3. new text begin FINANCE
|
new text begin
325,000 new text end |
|||||
|
new text begin
Northwest Airlines bankruptcy counsel new text end |
||||||
new text begin
For the state's share of the cost of bankruptcy
counsel representing joint interests of the
state and the city of Duluth in the Northwest
Airlines bankruptcy. This is a onetime
appropriation.
new text end
Sec. 4. new text begin OFFICE OF ENTERPRISE
|
new text begin
1,900,000 new text end |
|||||
new text begin
For comprehensive planning,
implementation, and administration of
enterprise information technology security
according to Minnesota Statutes, sections
16E.01 and 16E.03. $1,900,000 is added
to the appropriation base for fiscal years
2008 and thereafter to provide for continuing
administration of enterprise security.
new text end
Sec. 5. new text begin OFFICE OF ADMINISTRATIVE
|
new text begin
320,000 new text end |
|||||
new text begin
From the workers' compensation fund
for costs associated with the relocation
of offices to St. Paul. The commissioner
of administration shall take all steps as
necessary to complete the renovation of
the Stassen Building for these purposes by
January 1, 2008. Minnesota Statutes, section
16B.33, subdivision 3, does not apply if
the estimated cost of construction exceeds
$2,000,000. This is a onetime appropriation.
new text end
new text begin new text end
new text begin
Beginning in fiscal year 2009 and for all
fiscal years thereafter, the appropriation base
for the workers' compensation fund for the
Office of Administrative Hearings is reduced
by $297,000 to reflect savings in rent costs
due to the relocation of offices to St. Paul.
new text end
Sec. 6. new text begin EMPLOYEE RELATIONS
|
||||||
|
new text begin
Center for Health Care Purchasing Improvement new text end |
new text begin
100,000 new text end |
|||||
new text begin
To establish and operate the Center for
Health Care Purchasing Improvement.
new text end
Sec. 7. new text begin AMATEUR SPORTS COMMISSION
|
new text begin
60,000 new text end |
|||||
new text begin
This is a onetime appropriation.
new text end
Sec. 8.
new text begin
[4.51] EXPENSES OF GOVERNOR-ELECT.
new text end
new text begin
This section applies after a state general election in which a person who is not the
current governor is elected to take office as the next governor. The commissioner of
administration must request a transfer from the general fund contingent account of an
amount equal to 1.5 percent of the amount appropriated for operation of the Office of the
Governor and Lieutenant Governor for the current fiscal year. This request is subject to
the review and advice of the Legislative Advisory Commission pursuant to section 3.30.
If the transfer is approved, the commissioner of administration must make this amount
available to the governor-elect before he or she takes office. The commissioner must
provide office space for the governor-elect and for any employees the governor-elect hires.
new text end
Sec. 9.
new text begin
[16E.21] INFORMATION AND TELECOMMUNICATIONS ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Account established; appropriation. new text end
new text begin
The information and
telecommunications technology systems and services account is created in the special
revenue fund. Receipts credited to the account are appropriated to the Office of Enterprise
Technology for the purpose of defraying the costs of personnel and technology for
activities that create government efficiencies in accordance with this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Charges. new text end
new text begin
Upon agreement of the participating agency, the Office
of Enterprise Technology may collect a charge for purchases of information and
telecommunications technology systems and services by state agencies and other
governmental entities through state contracts for purposes described in subdivision
1. Charges collected under this section must be credited to the information and
telecommunications technology systems and services account.
new text end
Sec. 10.
new text begin
[43A.312] CENTER FOR HEALTH CARE PURCHASING
IMPROVEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; administration. new text end
new text begin
The commissioner shall establish
and administer the Center for Health Care Purchasing Improvement as an administrative
unit within the Department of Employee Relations. The Center for Health Care Purchasing
Improvement shall support the state in its efforts to be a more prudent and efficient
purchaser of quality health care services. The center shall aid the state in developing and
using more common strategies and approaches for health care performance measurement
and health care purchasing. The common strategies and approaches shall promote greater
transparency of health care costs and quality, and greater accountability for health
care results and improvement. The center shall also identify barriers to more efficient,
effective, quality health care and options for overcoming the barriers.
new text end
new text begin Subd. 2. new text end
new text begin Staffing; duties; scope. new text end
new text begin
(a) The commissioner may appoint a director, and
up to three additional senior-level staff or codirectors, and other staff as needed who are
under the direction of the commissioner. The staff of the center are in the unclassified
service.
new text end
new text begin
(b) With the authorization of the commissioner of employee relations, and in
consultation or interagency agreement with the appropriate commissioners of state
agencies, the director, or codirectors, may:
new text end
new text begin
(1) initiate projects to develop plan designs for state health care purchasing;
new text end
new text begin
(2) require reports or surveys to evaluate the performance of current health care
purchasing strategies;
new text end
new text begin
(3) calculate fiscal impacts, including net savings and return on investment, of health
care purchasing strategies and initiatives;
new text end
new text begin
(4) conduct policy audits of state programs to measure conformity to state statute or
other purchasing initiatives or objectives;
new text end
new text begin
(5) support the Administrative Uniformity Committee under section 62J.50 and
other relevant groups or activities to advance agreement on health care administrative
process streamlining;
new text end
new text begin
(6) consult with the Health Economics Unit of the Department of Health regarding
reports and assessments of the health care marketplace;
new text end
new text begin
(7) consult with the departments of Health and Commerce regarding health care
regulatory issues and legislative initiatives;
new text end
new text begin
(8) work with appropriate Department of Human Services staff and the Centers for
Medicare and Medicaid Services to address federal requirements and conformity issues
for health care purchasing;
new text end
new text begin
(9) assist the Minnesota Comprehensive Health Association in health care
purchasing strategies;
new text end
new text begin
(10) convene medical directors of agencies engaged in health care purchasing for
advice, collaboration, and exploring possible synergies;
new text end
new text begin
(11) contact and participate with other relevant health care task forces, study
activities, and similar efforts with regard to health care performance measurement and
performance-based purchasing; and
new text end
new text begin
(12) assist in seeking external funding through appropriate grants or other funding
opportunities and may administer grants and externally funded projects.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commissioner must report annually to the legislature and the
governor on the operations, activities, and impacts of the center. The report must be
posted on the Department of Employee Relations Web site and must be available to the
public. The report must include a description of the state's efforts to develop and use more
common strategies for health care performance measurement and health care purchasing.
The report must also include an assessment of the impacts of these efforts, especially in
promoting greater transparency of health care costs and quality, and greater accountability
for health care results and improvement.
new text end
Sec. 11.
Laws 1998, chapter 404, section 15, subdivision 2, as amended by Laws
2005, chapter 20, article 1, section 40, as amended by Laws 2005, chapter 156, article 2,
section 43, is amended to read:
Subd. 2.National Sports Center
|
4,800,000 |
|||||
$1,700,000 is to purchase and develop land
adjacent to the National Sports Center in
Blaine for use as athletic fields.
$3,100,000 is to develop the National
Children's Golf Course. The primary
purpose of the National Children's Golf
Course is to serve youth of 18 years and
younger. Market rates must be charged for
adult golf.
new text begin Notwithstanding Minnesota Statutes, section
16B.24, subdivision 5, new text end the Minnesota
Amateur Sports Commission may lease
up to 20 percent of the area of the land
purchased with money from the general
fund appropriations in this subdivision for
a term of up to 30 yearsnew text begin , plus two renewals
for a term of up to 30 years each,new text end to one or
more governmental or private entities for
any use by the lessee, whether public or
private, so long as the use provides some
benefit to amateur sports. The commission
must submit proposed leases for the land
described in this subdivision to the chairs of
the legislative committees with jurisdiction
over state government policy and finance for
review at least 30 days before the leases may
be entered into by the commission. Up to
$300,000 of lease payments received by the
commission each fiscal year is appropriated
to the commission for the purposes specified
in Minnesota Statutes, chapter 240A. The
land purchased from the general fund
appropriations may be used for any amateur
sport.
Sec. 12. new text begin LABOR AGREEMENTS AND COMPENSATION PLANS.
new text end
new text begin Subdivision 1. new text end
new text begin
American Federation of State, County and Municipal Employees.
new text end
new text begin
The labor agreement between the state of Minnesota and the American Federation of State,
County and Municipal Employees, Council 5, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on September 14, 2005, is ratified.
new text end
new text begin Subd. 2. new text end
new text begin Minnesota Association of Professional Employees. new text end
new text begin
The labor agreement
between the state of Minnesota and the Minnesota Association of Professional Employees,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on September 14, 2005, is ratified.
new text end
new text begin Subd. 3. new text end
new text begin Middle Management Association. new text end
new text begin
The labor agreement between the state
of Minnesota and the Middle Management Association, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end
new text begin Subd. 4. new text end
new text begin Minnesota state college faculty. new text end
new text begin
The labor agreement between the
state of Minnesota and the Minnesota state college faculty, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end
new text begin Subd. 5. new text end
new text begin
American Federation of State, County and Municipal Employees.
new text end
new text begin
The labor agreement between the state of Minnesota and the American Federation of
State, County and Municipal Employees, Council 5, Unit 8, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end
new text begin Subd. 6. new text end
new text begin Managerial plan. new text end
new text begin
The managerial plan, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on November 7, 2005,
is ratified.
new text end
new text begin Subd. 7. new text end
new text begin Commissioner's plan. new text end
new text begin
The commissioner of employee relations' plan
for unrepresented employees, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on November 7, 2005, is ratified.
new text end
new text begin Subd. 8. new text end
new text begin Minnesota Government Engineers Council. new text end
new text begin
The labor agreement
between the state of Minnesota and the Minnesota Government Engineers Council,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on January 10, 2006, is ratified.
new text end
new text begin Subd. 9. new text end
new text begin State Residential Schools Education Association. new text end
new text begin
The labor agreement
between the state of Minnesota and the State Residential Schools Education Association,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on January 10, 2006, is ratified.
new text end
new text begin Subd. 10. new text end
new text begin Interfaculty Organization. new text end
new text begin
The labor agreement between the state of
Minnesota and the Interfaculty Organization, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on January 10, 2006, is ratified.
new text end
new text begin Subd. 11. new text end
new text begin
Minnesota State University Association of Administrative and Service
Faculty.
new text end
new text begin
The labor agreement between the state of Minnesota and the Minnesota State
University Association of Administrative and Service Faculty, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on January 10, 2006,
is ratified.
new text end
new text begin Subd. 12. new text end
new text begin Office of Higher Education. new text end
new text begin
The compensation plan for unrepresented
employees of the Office of Higher Education, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on January 10, 2006, is ratified.
new text end
new text begin Subd. 13. new text end
new text begin MnSCU Administrators. new text end
new text begin
The personnel plan for Minnesota State
Colleges and Universities administrators, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on January 10, 2006, is ratified.
new text end
new text begin Subd. 14. new text end
new text begin State Board of Investment. new text end
new text begin
The salary administration plan for the
Minnesota State Board of Investment, approved by the Legislative Coordinating
Commission Subcommittee on Employee Relations on March 1, 2006, is ratified.
new text end
new text begin Subd. 15. new text end
new text begin Managerial plan amendment. new text end
new text begin
The amendment to the managerial plan,
approved by the Legislative Coordinating Commission Subcommittee on Employee
Relations on March 1, 2006, is ratified.
new text end
new text begin Subd. 16. new text end
new text begin Commissioner's plan amendment. new text end
new text begin
The amendment to the
commissioner's plan, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on March 1, 2006, is ratified.
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. 13. new text begin TRANSFER.
new text end
new text begin
On June 30, 2006, the commissioner of finance shall transfer the balances in the
tobacco use prevention and local public health endowment fund and the medical education
endowment fund to the general fund. These balances result from investment income
credited to the funds after the transfer of balances on July 1, 2003. The amount transferred
under this section is estimated to be $2,933,000.
new text end
Sec. 14. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall correct internal cross-references to sections that
are affected by section 15. The revisor may make changes necessary to correct the
punctuation, grammar, or structure of the remaining text and preserve its meaning.
new text end
Sec. 15. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 62J.694; and 144.395,
new text end
new text begin
are repealed.
new text end
ARTICLE 15
VETERANS AFFAIRS
Section 1. new text begin VETERANS AFFAIRS APPROPRIATIONS.
|
new text begin
The sums shown are appropriated from the general fund, or another named fund,
to be available for the fiscal years indicated for each purpose. The figures "2006" and
"2007" used in this article mean that the appropriation or appropriations listed under them
are available for the fiscal year ending June 30, 2006, or June 30, 2007, respectively.
Appropriations in this article for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin VETERANS AFFAIRS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
$ new text end |
new text begin
3,230,000 new text end |
||
new text begin
The appropriations in this section are for the
purposes in subdivisions 2 to 7.
new text end
new text begin Subd. 2. new text end
new text begin
State soldiers' assistance fund
|
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
||||
new text begin
To be deposited in the state soldiers'
assistance fund established in Minnesota
Statutes, section 197.03. The appropriations
in this subdivision are in addition to other
appropriations made to the commissioner of
veterans affairs.
new text end
new text begin Subd. 3. new text end
new text begin
Web site development
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
To create a centralized Web site to contain
information on all state, federal, local, and
private agencies and organizations that
provide goods or services to veterans or their
families.
new text end
new text begin Subd. 4. new text end
new text begin
Grants to counties
|
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For grants to counties under the terms of this
subdivision. The commissioner shall issue a
request for proposals for grants to enhance
the benefits, programs, and services provided
to veterans. The request must specify that
priority will be given to proposals that meet
the programmatic goals established by the
commissioner, including proposals that:
new text end
new text begin
(1) will provide the most effective outreach
to veterans;
new text end
new text begin
(2) reintegrate combat veterans into society;
new text end
new text begin
(3) collaborate with other social service
agencies, educational institutions, and other
relevant community resources;
new text end
new text begin
(4) reduce homelessness among veterans;
and
new text end
new text begin
(5) provide measurable outcomes.
new text end
new text begin
The commissioner may provide incentives to
encourage regional collaboration for service
delivery.
new text end
new text begin
The grants may be for a term of up to two
years. The commissioner shall ensure that
grants are made throughout all regions of
the state and shall develop a description of
best practices for the use of these grants. A
county may not reduce its veterans service
office budget by any amount received as a
grant under this subdivision. Grants made
under this subdivision are in addition to
and not subject to the requirements for
grants made under Minnesota Statutes,
section 197.608. The Vinland Center and the
Minnesota Assistance Council for Veterans
may apply for grants under this subdivision
in fiscal year 2007. This appropriation must
be included in the appropriation base through
fiscal year 2009.
new text end
new text begin Subd. 5. new text end
new text begin
Higher education veterans
|
new text begin
-0- new text end |
new text begin
600,000 new text end |
||||
new text begin
For the higher education veterans assistance
program in section 3. This appropriation
must be included in the appropriation base
through fiscal year 2011.
new text end
new text begin Subd. 6. new text end
new text begin
Outreach and assistance
|
new text begin
250,000 new text end |
new text begin
250,000 new text end |
||||
new text begin
For an outreach and assistance initiative for
underserved veterans.
new text end
new text begin Subd. 7. new text end
new text begin
Veterans organizations
|
new text begin
-0- new text end |
new text begin
80,000 new text end |
||||
new text begin
For veterans' services provided by Veterans
of Foreign Wars, the Military Order of the
Purple Heart, Disabled American Veterans,
and the Vietnam Veterans of America. This
is a onetime appropriation.
new text end
Sec. 3.
new text begin
[197.585] HIGHER EDUCATION VETERANS ASSISTANCE
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Assistance provided. new text end
new text begin
The commissioner of veterans affairs shall
provide central liaison staff and campus veterans assistance officers to serve the needs
of students who are veterans at higher education institutions in Minnesota. Methods of
assistance may include, but are not limited to, work-study positions for veterans, and
providing information and assistance regarding the availability of state, federal, local,
and private resources.
new text end
new text begin Subd. 2. new text end
new text begin Steering committee. new text end
new text begin
The commissioner of veterans affairs shall chair a
higher education veterans assistance program steering committee composed of:
new text end
new text begin
(1) the adjutant general or the adjutant general's designee;
new text end
new text begin
(2) a representative of Minnesota State Colleges and Universities, designated by
the chancellor;
new text end
new text begin
(3) a representative of the University of Minnesota, appointed by the president of
the university;
new text end
new text begin
(4) a representative of private colleges and universities in Minnesota, appointed by
the governor;
new text end
new text begin
(5) a representative of the Office of Higher Education, appointed by the executive
director;
new text end
new text begin
(6) a representative of county veterans service offices, appointed by the
commissioner of veterans affairs; and
new text end
new text begin
(7) a representative of the Department of Employment and Economic Development,
appointed by the commissioner of that department.
new text end
new text begin
The steering committee shall advise the commissioner of veterans affairs regarding the
allocation of appropriations for the purposes of this section and shall develop a long-range
plan to serve the needs of students at higher education institutions in Minnesota who are
veterans.
new text end
new text begin Subd. 3. new text end
new text begin Office space provided. new text end
new text begin
Each campus of the University of Minnesota and
each institution within the Minnesota State Colleges and Universities system shall provide
adequate space for a veterans assistance office to be administered by the commissioner
of veterans affairs, and each private college and university in Minnesota is encouraged
to provide adequate space for a veterans assistance office to be administered by the
commissioner of veterans affairs. The veterans assistance office must provide information
and assistance to veterans who are students or family members of students at the school
regarding the availability of state, federal, local, and private resources.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
Beginning January 15, 2007, and each year thereafter, the
steering committee established in subdivision 2 shall report to the chairs of the legislative
committees with jurisdiction over veterans affairs policy and finance and higher education
policy and finance regarding the implementation and effectiveness of the program
established in this section.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
This section expires at the end of the first fiscal year in which
the number of veterans enrolled in Minnesota public institutions of higher education is
fewer than 4,000, but no later than June 30, 2011.
new text end
ARTICLE 16
HEALTH AND HUMAN SERVICES MISCELLANEOUS PROVISIONS
Section 1.
Minnesota Statutes 2004, section 43A.17, subdivision 4, is amended to read:
Subd. 4.
Exceptions.
(a) The commissioner may without regard to subdivision 1
establish special salary rates and plans of compensation designed to attract and retain
exceptionally qualified doctors of medicinenew text begin and doctors of dental surgerynew text end . These rates
and plans shall be included in the commissioner's plan. In establishing salary rates and
eligibility for nomination for payment at special rates, the commissioner shall consider the
standards of eligibility established by national medical specialty boards where appropriate.
The incumbents assigned to these special ranges shall be excluded from the collective
bargaining process.
(b) The commissioner may without regard to subdivision 1, but subject to collective
bargaining agreements or compensation plans, establish special salary rates designed to
attract and retain exceptionally qualified employees in the following positions:
(1) information systems staff;
(2) actuaries in the Departments of Health, Human Services, and Commerce; and
(3) epidemiologists in the Department of Health.
Sec. 2.
Minnesota Statutes 2005 Supplement, section 144.1476, subdivision 4, is
amended to read:
Subd. 4.
Allocation of grants.
(a) The commissioner shall establish a deadline for
receiving applications and must make a final decision on the funding of each application
within 60 days of the deadline. An applicant must apply no later than March 1 of each
fiscal year for grants awarded for that fiscal year.
(b) Any grant awarded must not exceed $50,000 a yeardeleted text begin and may not exceed a
one-year termdeleted text end .new text begin Notwithstanding any law to the contrary, funds awarded to grantees in a
grant agreement do not lapse until expended by the grantee.
new text end
(c) Applicants may apply to the program each year they are eligible.
(d) Project grants may not be used to retire debt incurred with respect to any capital
expenditure made prior to the date on which the project is initiated.
Sec. 3.
new text begin
[144.366] INTERCONNECTED ELECTRONIC HEALTH RECORD
GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The following definitions are used for the purposes
of this section.
new text end
new text begin
(a) "Eligible community e-health collaborative" means an existing or newly
established collaborative to support the adoption and use of interoperable electronic
health records. A collaborative must consist of at least three or more eligible health
care entities in at least two of the categories listed in paragraph (b) and have a focus on
interconnecting the members of the collaborative for secure and interoperable exchange of
health care information.
new text end
new text begin
(b) "Eligible health care entity" means one of the following:
new text end
new text begin
(1) community clinics, as defined under section 145.9268;
new text end
new text begin
(2) hospitals eligible for rural hospital capital improvement grants, as defined
in section 144.148;
new text end
new text begin
(3) physician clinics located in a community with a population of less than 50,000
according to United States Census Bureau statistics and outside the seven-county
metropolitan area;
new text end
new text begin
(4) nursing facilities licensed under sections 144A.01 to 144A.27;
new text end
new text begin
(5) community health boards as established under chapter 145A;
new text end
new text begin
(6) nonprofit entities with a purpose to provide health information exchange
coordination governed by a representative, multi-stakeholder board of directors; and
new text end
new text begin
(7) other providers of health or health care services approved by the commissioner
for which interoperable electronic health record capability would improve quality of
care, patient safety, or community health.
new text end
new text begin Subd. 2. new text end
new text begin Grants authorized. new text end
new text begin
The commissioner of health shall award grants to
eligible community e-health collaborative projects to improve the implementation and
use of interoperable electronic health records including but not limited to the following
projects:
new text end
new text begin
(1) collaborative efforts to host and support fully functional interoperable electronic
health records in multiple care settings;
new text end
new text begin
(2) electronic medication history and electronic patient registration information;
new text end
new text begin
(3) electronic personal health records for persons with chronic diseases and for
prevention services;
new text end
new text begin
(4) rural and underserved community models for electronic prescribing; and
new text end
new text begin
(5) enabling local public health systems to rapidly and electronically exchange
information needed to participate in community e-health collaboratives or for public
health emergency preparedness and response.
new text end
new text begin
Grant funds may not be used for construction of health care or other buildings or
facilities.
new text end
new text begin Subd. 3. new text end
new text begin Allocation of grants. new text end
new text begin
(a) To receive a grant under this section, an eligible
community e-health collaborative must submit an application to the commissioner of
health by the deadline established by the commissioner. A grant may be awarded upon the
signing of a grant contract. In awarding grants, the commissioner shall give preference to
projects benefiting providers located in rural and underserved areas of Minnesota which
the commissioner has determined have an unmet need for the development and funding
of electronic health records. Applicants may apply for and the commissioner may award
grants for one-year, two-year, or three-year periods.
new text end
new text begin
(b) An application must be on a form and contain information as specified by the
commissioner but at a minimum must contain:
new text end
new text begin
(1) a description of the purpose or project for which grant funds will be used;
new text end
new text begin
(2) a description of the problem or problems the grant funds will be used to address,
including an assessment likelihood of the project occurring absent grant funding;
new text end
new text begin
(3) a description of achievable objectives, a workplan, budget, budget narrative, a
project communications plan, a timeline for implementation and completion of processes
or projects enabled by the grant, and an assessment of privacy and security issues and a
proposed approach to address these issues;
new text end
new text begin
(4) a description of the health care entities and other groups participating in the
project, including identification of the lead entity responsible for applying for and
receiving grant funds;
new text end
new text begin
(5) a plan for how patients and consumers will be involved in development of
policies and procedures related to the access to and interchange of information;
new text end
new text begin
(6) evidence of consensus and commitment among the health care entities and others
who developed the proposal and are responsible for its implementation; and
new text end
new text begin
(7) a plan for documenting and evaluating results of the grant.
new text end
new text begin
(c) The commissioner shall review each application to determine whether the
application is complete and whether the applicant and the project are eligible for a
grant. In evaluating applications, the commissioner shall take into consideration factors,
including but not limited to, the following:
new text end
new text begin
(1) the degree to which the proposal interconnects the various providers of care
in the applicant's geographic community;
new text end
new text begin
(2) the degree to which the project provides for the interoperability of electronic
health records or related health information technology between the members of the
collaborative, and presence and scope of a description of how the project intends to
interconnect with other providers not part of the project into the future;
new text end
new text begin
(3) the degree to which the project addresses current unmet needs pertaining
to interoperable electronic health records in a geographic area of Minnesota and the
likelihood that the needs would not be met absent grant funds;
new text end
new text begin
(4) the applicant's thoroughness and clarity in describing the project, how the project
will improve patient safety, quality of care, and consumer empowerment, and the role of
the various collaborative members;
new text end
new text begin
(5) the recommendations of the Health Information and Technology Infrastructure
Advisory Committee; and
new text end
new text begin
(6) other factors that the commissioner deems relevant.
new text end
new text begin
(d) Grant funds shall be awarded on a three-to-one match basis. Applicants shall be
required to provide one dollar in the form of cash or in-kind staff or services for each three
dollars provided under the grant program.
new text end
new text begin
(e) Grants shall not exceed $900,000 per grant. The commissioner has discretion
over the size and number of grants awarded.
new text end
new text begin Subd. 4. new text end
new text begin Evaluation and report. new text end
new text begin
The commissioner of health shall evaluate the
overall effectiveness of the grant program. The commissioner shall collect progress
and expenditure reports to evaluate the grant program from the eligible community
collaboratives receiving grants.
new text end
Sec. 4.
new text begin
[245.4835] COUNTY MAINTENANCE OF EFFORT.
new text end
new text begin Subdivision 1. new text end
new text begin Required expenditures. new text end
new text begin
Counties must maintain a level of
expenditures for mental health services under sections 245.461 to 245.484 and 245.487 to
245.4887 so that each year's county expenditures are at least equal to that county's average
expenditures for those services for calendar years 2004 and 2005. The commissioner will
adjust each county's base level for minimum expenditures in each year by the amount of
any increase or decrease in that county's state grants or other noncounty revenues for
mental health services under sections 245.461 to 245.484 and 245.487 to 245.4887.
new text end
new text begin Subd. 2. new text end
new text begin Failure to maintain expenditures. new text end
new text begin
If a county does not comply with
subdivision 1, the commissioner shall require the county to develop a corrective action plan
according to a format and timeline established by the commissioner. If the commissioner
determines that a county has not developed an acceptable corrective action plan within
the required timeline, or that the county is not in compliance with an approved corrective
action plan, the protections provided to that county under section 245.485 do not apply.
new text end
Sec. 5.
Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Performance payments. new text end
new text begin
The commissioner shall develop and implement
a pay-for-performance system to provide performance payments to medical groups that
demonstrate optimum care in serving individuals with chronic diseases who are enrolled
in health care programs administered by the commissioner under chapters 256B, 256D,
and 256L.
new text end
Sec. 6.
Minnesota Statutes 2004, section 256B.0625, subdivision 20, is amended to
read:
Subd. 20.
Mental health case management.
(a) To the extent authorized by rule
of the state agency, medical assistance covers case management services to persons with
serious and persistent mental illness and children with severe emotional disturbance.
Services provided under this section must meet the relevant standards in sections 245.461
to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota
Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules governing family community
support services as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe
emotional disturbance when these services meet the program standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental health case
management shall be made on a monthly basis. In order to receive payment for an eligible
child, the provider must document at least a face-to-face contact with the child, the child's
parents, or the child's legal representative. To receive payment for an eligible adult, the
provider must document:
(1) at least a face-to-face contact with the adult or the adult's legal representative; or
(2) at least a telephone contact with the adult or the adult's legal representative and
document a face-to-face contact with the adult or the adult's legal representative within
the preceding two months.
(d) Payment for mental health case management provided by county or state staff
shall be based on the monthly rate methodology under section 256B.094, subdivision 6,
paragraph (b), with separate rates calculated for child welfare and mental health, and
within mental health, separate rates for children and adults.
(e) Payment for mental health case management provided by Indian health services
or by agencies operated by Indian tribes may be made according to this section or other
relevant federally approved rate setting methodology.
(f) Payment for mental health case management provided by vendors who contract
with a county or Indian tribe shall be based on a monthly rate negotiated by the host county
or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same
service to other payers. If the service is provided by a team of contracted vendors, the
county or tribe may negotiate a team rate with a vendor who is a member of the team. The
team shall determine how to distribute the rate among its members. No reimbursement
received by contracted vendors shall be returned to the county or tribe, except to reimburse
the county or tribe for advance funding provided by the county or tribe to the vendor.
(g) If the service is provided by a team which includes contracted vendors, tribal
staff, and county or state staff, the costs for county or state staff participation in the team
shall be included in the rate for county-provided services. In this case, the contracted
vendor, the tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month. In order to prevent duplication of services,
each entity must document, in the recipient's file, the need for team case management and
a description of the roles of the team members.
(h) The commissioner shall calculate the nonfederal share of actual medical
assistance and general assistance medical care payments for each county, based on the
higher of calendar year 1995 or 1996, by service date, project that amount forward to 1999,
and transfer one-half of the result from medical assistance and general assistance medical
care to each county's mental health grants under section 256E.12 for calendar year 1999.
The annualized minimum amount added to each county's mental health grant shall be
$3,000 per year for children and $5,000 per year for adults. The commissioner may reduce
the statewide growth factor in order to fund these minimums. The annualized total amount
transferred shall become part of the base for future mental health grants for each county.
deleted text begin
(i) Any net increase in revenue to the county or tribe as a result of the change in this
section must be used to provide expanded mental health services as defined in sections
to , the Comprehensive Adult and Children's Mental Health Acts,
excluding inpatient and residential treatment. For adults, increased revenue may also be
used for services and consumer supports which are part of adult mental health projects
approved under Laws 1997, chapter 203, article 7, section 25. For children, increased
revenue may also be used for respite care and nonresidential individualized rehabilitation
services as defined in section deleted text begin 245.492, subdivisions 17 and 23deleted text end . "Increased revenue" has
the meaning given in Minnesota Rules, part 9520.0903, subpart 3.
deleted text end
deleted text begin (j)deleted text end new text begin (i)new text end Notwithstanding section 256B.19, subdivision 1, the nonfederal share of
costs for mental health case management shall be provided by the recipient's county of
responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal
funds or funds used to match other federal funds. If the service is provided by a tribal
agency, the nonfederal share, if any, shall be provided by the recipient's tribe.
deleted text begin (k)deleted text end new text begin (j)new text end The commissioner may suspend, reduce, or terminate the reimbursement to a
provider that does not meet the reporting or other requirements of this section. The county
of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal
agency, is responsible for any federal disallowances. The county or tribe may share this
responsibility with its contracted vendors.
deleted text begin (l)deleted text end new text begin (k)new text end The commissioner shall set aside a portion of the federal funds earned under
this section to repay the special revenue maximization account under section 256.01,
subdivision 2, clause (15). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
deleted text begin (m)deleted text end new text begin (l)new text end Payments to counties and tribal agencies for case management expenditures
under this section shall only be made from federal earnings from services provided
under this section. Payments to county-contracted vendors shall include both the federal
earnings and the county share.
deleted text begin (n)deleted text end new text begin (m)new text end Notwithstanding section 256B.041, county payments for the cost of mental
health case management services provided by county or state staff shall not be made
to the commissioner of finance. For the purposes of mental health case management
services provided by county or state staff under this section, the centralized disbursement
of payments to counties under section 256B.041 consists only of federal earnings from
services provided under this section.
deleted text begin (o)deleted text end new text begin (n)new text end Case management services under this subdivision do not include therapy,
treatment, legal, or outreach services.
deleted text begin (p)deleted text end new text begin (o)new text end If the recipient is a resident of a nursing facility, intermediate care facility,
or hospital, and the recipient's institutional care is paid by medical assistance, payment
for case management services under this subdivision is limited to the last 180 days of
the recipient's residency in that facility and may not exceed more than six months in a
calendar year.
deleted text begin (q)deleted text end new text begin (p)new text end Payment for case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
deleted text begin (r)deleted text end new text begin (q)new text end By July 1, 2000, the commissioner shall evaluate the effectiveness of the
changes required by this section, including changes in number of persons receiving
mental health case management, changes in hours of service per person, and changes in
caseload size.
deleted text begin (s)deleted text end new text begin (r)new text end For each calendar year beginning with the calendar year 2001, the annualized
amount of state funds for each county determined under paragraph (h) shall be adjusted by
the county's percentage change in the average number of clients per month who received
case management under this section during the fiscal year that ended six months prior to
the calendar year in question, in comparison to the prior fiscal year.
deleted text begin (t)deleted text end new text begin (s)new text end For counties receiving the minimum allocation of $3,000 or $5,000 described
in paragraph (h), the adjustment in paragraph (s) shall be determined so that the county
receives the higher of the following amounts:
(1) a continuation of the minimum allocation in paragraph (h); or
(2) an amount based on that county's average number of clients per month who
received case management under this section during the fiscal year that ended six months
prior to the calendar year in question, times the average statewide grant per person per
month for counties not receiving the minimum allocation.
deleted text begin (u)deleted text end new text begin (t)new text end The adjustments in paragraphs (s) and (t) shall be calculated separately for
children and adults.
Sec. 7.
Minnesota Statutes 2004, section 256B.0945, subdivision 1, is amended to read:
Subdivision 1.
Provider qualifications.
Counties must arrange to provide
residential services for children with severe emotional disturbance according to sections
245.4882, 245.4885, and this section. Services must be provided by a facility that is
licensed according to section 245.4882 and administrative rules promulgated thereunder,
and under contract with the county. deleted text begin Facilities providing services under subdivision 2,
paragraph (a), must be accredited as a psychiatric facility by the Joint Commission
on Accreditation of Healthcare Organizations, the Commission on Accreditation of
Rehabilitation Facilities, or the Council on Accreditation. Accreditation is not required for
facilities providing services under subdivision 2, paragraph (b).deleted text end
Sec. 8.
Minnesota Statutes 2005 Supplement, section 256B.0946, subdivision 1,
is amended to read:
Subdivision 1.
Covered service.
(a) Effective July 1, 2006, and subject to federal
approval, medical assistance covers medically necessary services described under
paragraph (b) that are provided by a provider entity eligible under subdivision 3 to a client
eligible under subdivision 2 who is placed in a treatment foster home licensed under
Minnesota Rules, parts 2960.3000 to 2960.3340.
(b) Services to children with severe emotional disturbance residing in treatment
foster care settings must meet the relevant standards for mental health services under
sections 245.487 to 245.4887. In addition, specific service components reimbursed by
medical assistance must meet the following standards:
(1) case management service component must meet the standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10;
(2) psychotherapynew text begin , crisis assistance,new text end and skills training components must meet the
standards for children's therapeutic services and supports in section 256B.0943; and
(3) family psychoeducation services under supervision of a mental health
professional.
Sec. 9.
Minnesota Statutes 2004, section 256B.76, is amended to read:
256B.76 PHYSICIAN AND DENTAL REIMBURSEMENT.
(a) Effective for services rendered on or after October 1, 1992, the commissioner
shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid Services' common
procedural coding system codes titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum, and postpartum care,"
"critical care," cesarean delivery and pharmacologic management provided to psychiatric
patients, and level three codes for enhanced services for prenatal high risk, shall be paid
at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
30, 1992. If the rate on any procedure code within these categories is different than the
rate that would have been paid under the methodology in section 256B.74, subdivision 2,
then the larger rate shall be paid;
(2) payments for all other services shall be paid at the lower of (i) submitted charges,
or (ii) 15.4 percent above the rate in effect on June 30, 1992;
(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall be the rates in effect
on September 30, 1992;
(4) effective for services rendered on or after January 1, 2000, payment rates for
physician and professional services shall be increased by three percent over the rates in
effect on December 31, 1999, except for home health agency and family planning agency
services; and
(5) the increases in clause (4) shall be implemented January 1, 2000, for managed
care.
(b) Effective for services rendered on or after October 1, 1992, the commissioner
shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25
percent above the rate in effect on June 30, 1992;
(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases;
(3) effective for services rendered on or after January 1, 2000, payment rates for
dental services shall be increased by three percent over the rates in effect on December
31, 1999;
(4) the commissioner shall award grants to community clinics or other nonprofit
community organizations, political subdivisions, professional associations, or other
organizations that demonstrate the ability to provide dental services effectively to public
program recipients. Grants may be used to fund the costs related to coordinating access for
recipients, developing and implementing patient care criteria, upgrading or establishing
new facilities, acquiring furnishings or equipment, recruiting new providers, or other
development costs that will improve access to dental care in a region. In awarding grants,
the commissioner shall give priority to applicants that plan to serve areas of the state in
which the number of dental providers is not currently sufficient to meet the needs of
recipients of public programs or uninsured individuals. The commissioner shall consider
the following in awarding the grants:
(i) potential to successfully increase access to an underserved population;
(ii) the ability to raise matching funds;
(iii) the long-term viability of the project to improve access beyond the period
of initial funding;
(iv) the efficiency in the use of the funding; and
(v) the experience of the proposers in providing services to the target population.
The commissioner shall monitor the grants and may terminate a grant if the grantee
does not increase dental access for public program recipients. The commissioner shall
consider grants for the following:
(i) implementation of new programs or continued expansion of current access
programs that have demonstrated success in providing dental services in underserved
areas;
(ii) a pilot program for utilizing hygienists outside of a traditional dental office to
provide dental hygiene services; and
(iii) a program that organizes a network of volunteer dentists, establishes a system to
refer eligible individuals to volunteer dentists, and through that network provides donated
dental care services to public program recipients or uninsured individuals;
(5) beginning October 1, 1999, the payment for tooth sealants and fluoride treatments
shall be the lower of (i) submitted charge, or (ii) 80 percent of median 1997 charges;
(6) the increases listed in clauses (3) and (5) shall be implemented January 1, 2000,
for managed care; and
(7) effective for services provided on or after January 1, 2002, payment for
diagnostic examinations and dental x-rays provided to children under age 21 shall be the
lower of (i) the submitted charge, or (ii) 85 percent of median 1999 charges.
(c) Effective for dental services rendered on or after January 1, 2002, the
commissioner may, within the limits of available appropriation, increase reimbursements
to dentists and dental clinics deemed by the commissioner to be critical access dental
providers. Reimbursement to a critical access dental provider may be increased by not
more than 50 percent above the reimbursement rate that would otherwise be paid to
the provider. Payments to health plan companies shall be adjusted to reflect increased
reimbursements to critical access dental providers as approved by the commissioner.
In determining which dentists and dental clinics shall be deemed critical access dental
providers, the commissioner shall review:
(1) the utilization rate in the service area in which the dentist or dental clinic operates
for dental services to patients covered by medical assistance, general assistance medical
care, or MinnesotaCare as their primary source of coverage;
(2) the level of services provided by the dentist or dental clinic to patients covered
by medical assistance, general assistance medical care, or MinnesotaCare as their primary
source of coverage; and
(3) whether the level of services provided by the dentist or dental clinic is critical to
maintaining adequate levels of patient access within the service area.
In the absence of a critical access dental provider in a service area, the commissioner may
designate a dentist or dental clinic as a critical access dental provider if the dentist or
dental clinic is willing to provide care to patients covered by medical assistance, general
assistance medical care, or MinnesotaCare at a level which significantly increases access
to dental care in the service area.
new text begin
The commissioner shall annually establish a reimbursement schedule for critical
access dental providers and provider-specific limits on total reimbursement received
under the reimbursement schedule, and shall notify each critical access dental provider
of the schedule and limit.
new text end
(d) An entity that operates both a Medicare certified comprehensive outpatient
rehabilitation facility and a facility which was certified prior to January 1, 1993, that is
licensed under Minnesota Rules, parts 9570.2000 to 9570.3600, and for whom at least 33
percent of the clients receiving rehabilitation services in the most recent calendar year are
medical assistance recipients, shall be reimbursed by the commissioner for rehabilitation
services at rates that are 38 percent greater than the maximum reimbursement rate
allowed under paragraph (a), clause (2), when those services are (1) provided within the
comprehensive outpatient rehabilitation facility and (2) provided to residents of nursing
facilities owned by the entity.
(e) Effective for services rendered on or after January 1, 2007, the commissioner
shall make payments for physician and professional services based on the Medicare
relative value units (RVUs). This change shall be budget neutral and the cost of
implementing RVUs will be incorporated in the established conversion factor.
Sec. 10.
new text begin
[256B.763] CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.
new text end
new text begin
(a) For services defined in paragraph (b) and rendered on or after July 1, 2007,
payment rates shall be increased by 23.7 percent over the rates in effect on January 1,
2006, for:
new text end
new text begin
(1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;
new text end
new text begin
(2) community mental health centers under section 256B.0625, subdivision 5; and
new text end
new text begin
(3) mental health clinics and centers certified under Minnesota Rules, parts
9520.0750 to 9520.0870, or hospital outpatient psychiatric departments that are designated
as essential community providers under section 62Q.19.
new text end
new text begin
(b) This increase applies to group skills training when provided as a component of
children's therapeutic services and support, psychotherapy, medication management,
evaluation and management, diagnostic assessment, explanation of findings, psychological
testing, neuropsychological services, direction of behavioral aides, and inpatient
consultation.
new text end
new text begin
(c) This increase does not apply to rates that are governed by section 256B.0625,
subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are
negotiated with the county, rates that are established by the federal government, or rates
that increased between January 1, 2004, and January 1, 2005.
new text end
new text begin
(d) The commissioner shall adjust rates paid to prepaid health plans under contract
with the commissioner to reflect the rate increases provided in paragraph (a). The prepaid
health plan must pass this rate increase to the providers identified in paragraph (a).
new text end
Sec. 11.
Minnesota Statutes 2005 Supplement, section 256D.03, subdivision 3, is
amended to read:
Subd. 3.
General assistance medical care; eligibility.
(a) General assistance
medical care may be paid for any person who is not eligible for medical assistance under
chapter 256B, including eligibility for medical assistance based on a spenddown of excess
income according to section 256B.056, subdivision 5, or MinnesotaCare as defined in
paragraph (b), except as provided in paragraph (c), and:
(1) who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or who is
having a payment made on the person's behalf under sections 256I.01 to 256I.06; or
(2) who is a resident of Minnesota; and
(i) who has gross countable income not in excess of 75 percent of the federal poverty
guidelines for the family size, using a six-month budget period and whose equity in assets
is not in excess of $1,000 per assistance unit. new text begin General assistance medical care is not
available for applicants or enrollees who are otherwise eligible for medical assistance but
fail to verify their assets. Enrollees who become eligible for medical assistance shall be
terminated and transferred to medical assistance. new text end Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance program in
section 256B.056, subdivision 3, with the following exception: the maximum amount of
undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by
the trustee, assuming the full exercise of the trustee's discretion under the terms of the
trust, must be applied toward the asset maximum;
(ii) who has gross countable income above 75 percent of the federal poverty
guidelines but not in excess of 175 percent of the federal poverty guidelines for the
family size, using a six-month budget period, whose equity in assets is not in excess
of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient
hospitalization; or
(iii) the commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication by the
United States Department of Health and Human Services.
(b) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may not be paid for applicants or recipients who are adults
with dependent children under 21 whose gross family income is equal to or less than 275
percent of the federal poverty guidelines who are not described in paragraph (e).
(c) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may be paid for applicants and recipients who meet all
eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period
beginning the date of application. Immediately following approval of general assistance
medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04,
subdivision 7, with covered services as provided in section 256L.03 for the rest of the
six-month eligibility period, until their six-month renewal.
(d) To be eligible for general assistance medical care following enrollment in
MinnesotaCare as required by paragraph (c), an individual must complete a new
application.
(e) Applicants and recipients eligible under paragraph (a), clause (1)deleted text begin , ordeleted text end new text begin ;new text end who have
applied for and are awaiting a determination of blindness or disability by the state medical
review team or a determination of eligibility for Supplemental Security Income or Social
Security Disability Insurance by the Social Security Administrationdeleted text begin , ordeleted text end new text begin ;new text end who fail to meet
the requirements of section 256L.09, subdivision 2deleted text begin ,deleted text end new text begin ; new text end new text begin who are classified as end-stage renal
disease beneficiaries in the Medicare program; who are enrolled in private health care
coverage as defined in section 256B.02, subdivision 9; who are eligible under paragraph
(j); or who receive treatment funded pursuant to section 254B.02 new text end are exempt from the
MinnesotaCare enrollment requirements of this subdivision.
(f) For applications received on or after October 1, 2003, eligibility may begin no
earlier than the date of application. For individuals eligible under paragraph (a), clause
(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
may reapply if there is a subsequent period of inpatient hospitalization.
(g) Beginning September 1, 2006, Minnesota health care program applications and
renewals completed by recipients and applicants who are persons described in paragraph
(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility
by the county agency. If all other eligibility requirements of this subdivision are met,
eligibility for general assistance medical care shall be available in any month during which
MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare,
notice of termination for eligibility for general assistance medical care shall be sent to
an applicant or recipient. If all other eligibility requirements of this subdivision are
met, eligibility for general assistance medical care shall be available until enrollment in
MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f).
(h) The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has provided a name,
address, and Social Security number, signed and dated, to the county agency or the
Department of Human Services. If the applicant is unable to provide a name, address,
Social Security number, and signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an applicant's behalf to establish
the date of an initial Minnesota health care program application by providing the county
agency or Department of Human Services with provider identification and a temporary
unique identifier for the applicant. The applicant must complete the remainder of the
application and provide necessary verification before eligibility can be determined. The
county agency must assist the applicant in obtaining verification if necessary.
(i) County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine eligibility
for general assistance medical care or MinnesotaCare. Such use shall be considered
sufficient in order to determine eligibility and premium payments by the county agency.
(j) General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a county correctional
or detention facility as a person accused or convicted of a crime, or admitted as an
inpatient to a hospital on a criminal hold order, and the person is a recipient of general
assistance medical care at the time the person is detained by law or admitted on a criminal
hold order and as long as the person continues to meet other eligibility requirements
of this subdivision.
(k) General assistance medical care is not available for applicants or recipients who
do not cooperate with the county agency to meet the requirements of medical assistance.
(l) In determining the amount of assets of an individual eligible under paragraph
(a), clause (2), item (i), there shall be included any asset or interest in an asset, including
an asset excluded under paragraph (a), that was given away, sold, or disposed of for
less than fair market value within the 60 months preceding application for general
assistance medical care or during the period of eligibility. Any transfer described in this
paragraph shall be presumed to have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes convincing evidence to
establish that the transaction was exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair market value at the time it
was given away, sold, or disposed of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility, including partial months,
shall be calculated by dividing the uncompensated transfer amount by the average monthly
per person payment made by the medical assistance program to skilled nursing facilities
for the previous calendar year. The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months, and a reapplication for
benefits after 30 months from the date of the transfer shall not result in eligibility unless
and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was not reported,
the month in which the county agency discovered the transfer, whichever comes first. For
applicants, the period of ineligibility begins on the date of the first approved application.
(m) When determining eligibility for any state benefits under this subdivision,
the income and resources of all noncitizens shall be deemed to include their sponsor's
income and resources as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
subsequently set out in federal rules.
(n) Undocumented noncitizens and nonimmigrants are ineligible for general
assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual
in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and
an undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization Service.
(o) Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is ineligible
for general assistance medical care.
(p) Effective July 1, 2003, general assistance medical care emergency services end.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2006.
new text end
Sec. 12.
Minnesota Statutes 2005 Supplement, section 256L.03, subdivision 5, is
amended to read:
Subd. 5.
Co-payments and coinsurance.
(a) Except as provided in paragraphs (b)
and (c), the MinnesotaCare benefit plan shall include the following co-payments and
coinsurance requirements for all enrollees:
(1) ten percent of the paid charges for inpatient hospital services for adult enrollees,
subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and
$3,000 per family;
(2) $3 per prescription for adult enrollees;
(3) $25 for eyeglasses for adult enrollees;
(4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist;new text begin and
new text end
(5) $6 for nonemergency visits to a hospital-based emergency roomdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(6) 50 percent of the fee-for-service rate for adult dental care services other than
preventive care services for persons eligible under section deleted text begin 256L.04, subdivisions 1 to 7deleted text end ,
with income equal to or less than 175 percent of the federal poverty guidelines.
deleted text end
(b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21 in households with family income equal to or less than 175
percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to
parents and relative caretakers of children under the age of 21 in households with family
income greater than 175 percent of the federal poverty guidelines for inpatient hospital
admissions occurring on or after January 1, 2001.
(c) Paragraph (a), clauses (1) to (4), do not apply to pregnant women and children
under the age of 21.
(d) Adult enrollees with family gross income that exceeds 175 percent of the
federal poverty guidelines and who are not pregnant shall be financially responsible for
the coinsurance amount, if applicable, and amounts which exceed the $10,000 inpatient
hospital benefit limit.
(e) When a MinnesotaCare enrollee becomes a member of a prepaid health plan,
or changes from one prepaid health plan to another during a calendar year, any charges
submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket
expenses incurred by the enrollee for inpatient services, that were submitted or incurred
prior to enrollment, or prior to the change in health plans, shall be disregarded.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 13.
Minnesota Statutes 2004, section 256L.11, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Critical access dental providers. new text end
new text begin
Effective for dental services provided
to MinnesotaCare enrollees on or after January 1, 2007, the commissioner shall increase
payment rates to dentists and dental clinics deemed by the commissioner to be critical
access providers under section 256B.76, paragraph (c), by 50 percent above the payment
rate that would otherwise be paid to the provider. The commissioner shall adjust the
rates paid on or after January 1, 2007, to prepaid health plans under contract with the
commissioner to reflect this rate increase. The prepaid health plan must pass this rate
increase to providers who have been identified by the commissioner as critical access
dental providers under section 256B.76, paragraph (c).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 14.
Minnesota Statutes 2004, section 256L.17, subdivision 2, is amended to read:
Subd. 2.
Limit on total assets.
(a) Effective July 1, 2002, or upon federal approval,
whichever is later, in order to be eligible for the MinnesotaCare program, a household of
two or more persons must not own more than $20,000 in total net assets, and a household
of one person must not own more than $10,000 in total net assets.
(b) For purposes of this subdivision, assets are determined according to section
256B.056, subdivision 3c.
new text begin
(c) State-funded MinnesotaCare is not available for applicants or enrollees who are
otherwise eligible for medical assistance but fail to verify assets. Enrollees who become
eligible for federally funded medical assistance shall be terminated from state-funded
MinnesotaCare and transferred to medical assistance.
new text end
Sec. 15. new text begin PHARMACY PAYMENT REFORM ADVISORY COMMITTEE.
new text end
new text begin new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following words, terms,
and phrases have the following meanings:
new text end
new text begin
(a) "Department" means the Department of Human Services.
new text end
new text begin
(b) "Commissioner" means the commissioner of the Department of Human Services.
new text end
new text begin
(c) "Cost of dispensing" includes, but is not limited to, operational and overhead
costs; professional counseling as required under the Omnibus Budget Reconciliation
Act of 1990, excluding medication management services under Minnesota Statutes,
section 256B.0625, subdivision 13h; salaries; and other associated administrative costs. In
addition, cost of dispensing includes expenses transferred by wholesale drug distributors
to pharmacies as a result of the wholesale drug distributor tax under Minnesota Statutes,
sections 295.52 to 295.582.
new text end
new text begin
(d) "Additional costs" include, but are not limited to, costs relating to coordination of
benefits, bad debt, uncollected co-pays, payment lag times, and high rate of rejected claims.
new text end
new text begin
(e) "Advisory committee" means the Pharmacy Payment Reform Advisory
Committee established by this section.
new text end
new text begin Subd. 2. new text end
new text begin Advisory committee. new text end
new text begin
The Pharmacy Payment Reform Advisory
Committee is established under the direction of the commissioner of human services.
The commissioner, after receiving recommendations from the Minnesota Pharmacists
Association, the Minnesota Retailers Association, the Minnesota Hospital Association,
and the Minnesota Wholesale Druggists Association, shall convene a pharmacy payment
reform advisory committee to advise the commissioner and make recommendations to the
legislature on implementation of pharmacy reforms contained in title VI, chapter IV, of
the Deficit Reduction Act of 2005. The committee shall be comprised of seven private
sector representatives with management/operations experience, representing each of the
following pharmacy practice settings: independent and chain pharmacy entities, one of
whom must have expertise in pharmacoeconomics; managed care; hospital outpatient
pharmacies; and wholesale drug distribution. The committee shall be staffed by an
employee of the department who shall serve as an ex officio nonvoting member of the
committee. The department's pharmacy program manager shall also serve as an ex
officio, nonvoting member of the committee. The committee is governed by Minnesota
Statutes, section 15.059, except that committee members do not receive compensation or
reimbursement for expenses. The advisory committee members shall serve a two-year
term and the advisory committee will expire on January 31, 2008. At least five of the
committee members shall be registered pharmacists.
new text end
new text begin Subd. 3. new text end
new text begin Cost of dispensing study. new text end
new text begin
The department shall conduct a prescription
drug cost of dispensing study to determine the average cost of dispensing Medicaid
prescriptions in Minnesota. The department shall contract with an independent third party
to conduct a Medicaid prescription drug cost of dispensing study. The cost of dispensing
study shall be completed by an independent third party no later than January 1, 2007, and
reported to the department and the advisory committee upon completion.
new text end
new text begin Subd. 4. new text end
new text begin Content of study. new text end
new text begin
The study shall determine the cost of dispensing
the average prescription and any additional costs that might be incurred for dispensing
Medicaid prescriptions. The study shall include the current level of dispensing fees paid to
providers for dispensing Medicaid prescription drugs and an estimate of revenues required
to adequately adjust reimbursement to cover the cost to pharmacies for dispensing
Medicaid prescription drugs.
new text end
new text begin Subd. 5. new text end
new text begin Methodology of study and publishing requirement. new text end
new text begin
The independent
third-party entity performing the cost of dispensing research shall submit to the advisory
committee the entity's proposed research methodology and shall make the data available
to allow other independent researchers to review the study results. The data shall be
published in a manner that does not identify the source of the data.
new text end
new text begin Subd. 6. new text end
new text begin Recommendations. new text end
new text begin
The advisory committee shall use the information
from the cost of dispensing study and make recommendations to the commissioner on
implementation of pharmacy reforms contained in title VI, chapter IV, of the Deficit
Reduction Act of 2005. The commissioner shall report the findings of the study and the
recommendations of the advisory committee to the legislature by February 1, 2007. The
commissioner, in consultation with the advisory committee, shall make recommendations
to the legislature on how to adequately adjust Medicaid reimbursement rates to pharmacies
to cover the costs of dispensing and additional costs to pharmacies. Reports shall include
the current level of dispensing fees paid to providers for dispensing Medicaid prescription
drugs and an estimate of revenues required to adequately adjust reimbursement to cover
the cost to pharmacies for dispensing Medicaid prescription drugs to ensure that:
new text end
new text begin
(1) reimbursement is sufficient to enlist an adequate number of participating
pharmacy providers so that pharmacy services are as available for Medicaid recipients
under the program as for the state's general population;
new text end
new text begin
(2) Medicaid dispensing fees are adequate to reimburse pharmacy providers for the
costs of dispensing prescriptions under the Medicaid program;
new text end
new text begin
(3) Medicaid pharmacy reimbursement for multiple-source drugs included on the
federal upper reimbursement limit is set at the level established by the federal government
under United States Code, title 42, section 1396r-8(e)(5); and
new text end
new text begin
(4) the new payment system does not create disincentives for pharmacists to
dispense generic drugs.
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. 16. new text begin MENTAL HEALTH PILOT PROGRAM FOR UNSHELTERED
INDIVIDUALS.
new text end
new text begin Subdivision 1. new text end
new text begin Pilot project program components. new text end
new text begin
The commissioner of human
services shall establish two pilot projects, one in Ramsey County and one in Hennepin
County, which shall:
new text end
new text begin
(1) operate two ten-bed facilities in separate locations;
new text end
new text begin
(2) provide community support to individuals who have been living homeless for at
least one year;
new text end
new text begin
(3) provide 24-hour supervision; and
new text end
new text begin
(4) provide on-site mental health services which focus on the mental health needs of
individuals who have lived unsheltered.
new text end
new text begin Subd. 2. new text end
new text begin Group residential housing. new text end
new text begin
Notwithstanding Minnesota Statutes, section
256I.05, subdivisions 1a and 1c, a county agency shall negotiate a supplementary rate in
addition to the rate specified in Minnesota Statutes, section 256I.05, subdivision 1, not to
exceed $700 per month, including any legislatively authorized inflationary adjustments for
a group residential program that meets the components under subdivision 1, and for the
independent living component of the program under subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Independent living. new text end
new text begin
An individual who has lived in one of the facilities
under subdivision 1, and who is being transitioned to independent living as part of the
program plan, continues to be eligible for group residential housing and the supplementary
service rate negotiated with the county under subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Effective date. new text end
new text begin
This section is effective July 1, 2006, through June 30,
2008.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 245.465, subdivision 2; 256B.0945, subdivisions
5, 6, 7, 8, and 9; and 256B.83,
new text end
new text begin
are repealed.
new text end
ARTICLE 17
HEALTH CARE FEDERAL COMPLIANCE
Section 1.
Minnesota Statutes 2004, section 62A.045, is amended to read:
62A.045 PAYMENTS ON BEHALF OF ENROLLEES IN GOVERNMENT
HEALTH PROGRAMS.
(a) new text begin As a condition of doing business in Minnesota, each health insurer shall comply
with the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171,
including any federal regulations adopted under that act, to the extent that it imposes a
requirement that applies in this state and that is not also required by the laws of this state.
This section does not require compliance with any provision of the federal act prior to
the effective date provided for that provision in the federal act. The commissioner shall
enforce this section.
new text end
new text begin
For the purpose of this section, "health insurer" includes self-insured plans, group
health plans (as defined in section 607(1) of the Employee Retirement Income Security
Act of 1974), service benefit plans, managed care organizations, pharmacy benefit
managers, or other parties that are by contract legally responsible to pay a claim for a
healthcare item or service for an individual receiving benefits under paragraph (b).
new text end
new text begin (b) new text end No health plan issued or renewed to provide coverage to a Minnesota resident
shall contain any provision denying or reducing benefits because services are rendered to a
person who is eligible for or receiving medical benefits pursuant to title XIX of the Social
Security Act (Medicaid) in this or any other state; chapter 256; 256B; or 256D or services
pursuant to section 252.27; 256L.01 to 256L.10; 260B.331, subdivision 2; 260C.331,
subdivision 2; or 393.07, subdivision 1 or 2. No health carrier providing benefits under
plans covered by this section shall use eligibility for medical programs named in this
section as an underwriting guideline or reason for nonacceptance of the risk.
deleted text begin (b)deleted text end new text begin (c)new text end If payment for covered expenses has been made under state medical programs
for health care items or services provided to an individual, and a third party has a legal
liability to make payments, the rights of payment and appeal of an adverse coverage
decision for the individual, or in the case of a child their responsible relative or caretaker,
will be subrogated to the state agency. The state agency may assert its rights under this
section within three years of the date the service was rendered. For purposes of this
section, "state agency" includes prepaid health plans under contract with the commissioner
according to sections 256B.69, 256D.03, subdivision 4, paragraph (c), and 256L.12;
children's mental health collaboratives under section 245.493; demonstration projects for
persons with disabilities under section 256B.77; nursing homes under the alternative
payment demonstration project under section 256B.434; and county-based purchasing
entities under section 256B.692.
deleted text begin (c)deleted text end new text begin (d)new text end Notwithstanding any law to the contrary, when a person covered by a health
plan receives medical benefits according to any statute listed in this section, payment for
covered services or notice of denial for services billed by the provider must be issued
directly to the provider. If a person was receiving medical benefits through the Department
of Human Services at the time a service was provided, the provider must indicate this
benefit coverage on any claim forms submitted by the provider to the health carrier for
those services. If the commissioner of human services notifies the health carrier that
the commissioner has made payments to the provider, payment for benefits or notices
of denials issued by the health carrier must be issued directly to the commissioner.
Submission by the department to the health carrier of the claim on a Department of
Human Services claim form is proper notice and shall be considered proof of payment of
the claim to the provider and supersedes any contract requirements of the health carrier
relating to the form of submission. Liability to the insured for coverage is satisfied to the
extent that payments for those benefits are made by the health carrier to the provider or the
commissioner as required by this section.
deleted text begin (d)deleted text end new text begin (e)new text end When a state agency has acquired the rights of an individual eligible for
medical programs named in this section and has health benefits coverage through a
health carrier, the health carrier shall not impose requirements that are different from
requirements applicable to an agent or assignee of any other individual covered.
deleted text begin (e)deleted text end new text begin (f)new text end For the purpose of this section, health plan includes coverage offered by
community integrated service networks, any plan governed under the federal Employee
Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, sections
1001 to 1461, and coverage offered under the exclusions listed in section 62A.011,
subdivision 3, clauses (2), (6), (9), (10), and (12).
Sec. 2.
Minnesota Statutes 2004, section 62S.05, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Extension of limitation periods. new text end
new text begin
The commissioner may extend the
limitation periods set forth in subdivisions 1 and 2 as to specific age group categories in
specific policy forms upon finding that the extension is in the best interest of the public.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 62S.08, subdivision 3, is amended to read:
Subd. 3.
Mandatory format.
The following standard format outline of coverage
must be used, unless otherwise specifically indicated:
COMPANY NAME
ADDRESS - CITY AND STATE
TELEPHONE NUMBER
LONG-TERM CARE INSURANCE
OUTLINE OF COVERAGE
Policy Number or Group Master Policy and Certificate Number
(Except for policies or certificates which are guaranteed issue, the following caution
statement, or language substantially similar, must appear as follows in the outline of
coverage.)
CAUTION: The issuance of this long-term care insurance (policy) (certificate)
is based upon your responses to the questions on your application. A copy of your
(application) (enrollment form) (is enclosed) (was retained by you when you applied).
If your answers are incorrect or untrue, the company has the right to deny benefits or
rescind your policy. The best time to clear up any questions is now, before a claim
arises. If, for any reason, any of your answers are incorrect, contact the company at this
address: (insert address).
(1) This policy is (an individual policy of insurance) (a group policy) which was
issued in the (indicate jurisdiction in which group policy was issued).
(2) PURPOSE OF OUTLINE OF COVERAGE. This outline of coverage provides
a very brief description of the important features of the policy. You should compare
this outline of coverage to outlines of coverage for other policies available to you. This
is not an insurance contract, but only a summary of coverage. Only the individual or
group policy contains governing contractual provisions. This means that the policy or
group policy sets forth in detail the rights and obligations of both you and the insurance
company. Therefore, if you purchase this coverage, or any other coverage, it is important
that you READ YOUR POLICY (OR CERTIFICATE) CAREFULLY.
(3) THIS PLAN IS INTENDED TO BE A QUALIFIED LONG-TERM CARE
INSURANCE CONTRACT AS DEFINED UNDER SECTION 7702(B)(b) OF THE
INTERNAL REVENUE CODE OF 1986.
(4) new text begin TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
CONTINUED IN FORCE OR DISCONTINUED.
new text end
new text begin
(a) (For long-term care health insurance policies or certificates describe one of the
following permissible policy renewability provisions:)
new text end
new text begin
(1) (Policies and certificates that are guaranteed renewable shall contain the
following statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS
GUARANTEED RENEWABLE. This means you have the right, subject to the terms of
your policy, (certificate) to continue this policy as long as you pay your premiums on time.
(Company name) cannot change any of the terms of your policy on its own, except that, in
the future, IT MAY INCREASE THE PREMIUM YOU PAY.
new text end
new text begin
(2) (Policies and certificates that are noncancelable shall contain the following
statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS NONCANCELABLE.
This means that you have the right, subject to the terms of your policy, to continue this
policy as long as you pay your premiums on time. (Company name) cannot change any
of the terms of your policy on its own and cannot change the premium you currently
pay. However, if your policy contains an inflation protection feature where you choose
to increase your benefits, (Company name) may increase your premium at that time for
those additional benefits.
new text end
new text begin
(b) (For group coverage, specifically describe continuation/conversion provisions
applicable to the certificate and group policy.)
new text end
new text begin
(c) (Describe waiver of premium provisions or state that there are not such
provisions.)
new text end
new text begin
(5) TERMS UNDER WHICH THE COMPANY MAY CHANGE PREMIUMS.
new text end
new text begin
(In bold type larger than the maximum type required to be used for the other
provisions of the outline of coverage, state whether or not the company has a right to
change the premium and, if a right exists, describe clearly and concisely each circumstance
under which the premium may change.)
new text end
new text begin (6) new text end TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
RETURNED AND PREMIUM REFUNDED.
(a) (Provide a brief description of the right to return -- "free look" provision of
the policy.)
(b) (Include a statement that the policy either does or does not contain provisions
providing for a refund or partial refund of premium upon the death of an insured or
surrender of the policy or certificate. If the policy contains such provisions, include a
description of them.)
deleted text begin (5)deleted text end new text begin (7) new text end THIS IS NOT MEDICARE SUPPLEMENT COVERAGE. If you are
eligible for Medicare, review the Medicare Supplement Buyer's Guide available from
the insurance company.
(a) (For agents) neither (insert company name) nor its agents represent Medicare, the
federal government, or any state government.
(b) (For direct response) (insert company name) is not representing Medicare, the
federal government, or any state government.
deleted text begin (6)deleted text end new text begin (8) new text end LONG-TERM CARE COVERAGE. Policies of this category are designed to
provide coverage for one or more necessary or medically necessary diagnostic, preventive,
therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting
other than an acute care unit of a hospital, such as in a nursing home, in the community,
or in the home.
This policy provides coverage in the form of a fixed dollar indemnity benefit for
covered long-term care expenses, subject to policy (limitations), (waiting periods), and
(coinsurance) requirements. (Modify this paragraph if the policy is not an indemnity
policy.)
deleted text begin (7)deleted text end new text begin (9) new text end BENEFITS PROVIDED BY THIS POLICY.
(a) (Covered services, related deductible(s), waiting periods, elimination periods,
and benefit maximums.)
(b) (Institutional benefits, by skill level.)
(c) (Noninstitutional benefits, by skill level.)
new text begin
(d) (Eligibility for payment of benefits.)
new text end
new text begin
(Activities of daily living and cognitive impairment shall be used to measure an
insured's need for long-term care and must be defined and described as part of the outline
of coverage.)
new text end
(Any benefit screens must be explained in this section. If these screens differ for
different benefits, explanation of the screen should accompany each benefit description. If
an attending physician or other specified person must certify a certain level of functional
dependency in order to be eligible for benefits, this too must be specified. If activities of
daily living (ADLs) are used to measure an insured's need for long-term care, then these
qualifying criteria or screens must be explained.)
deleted text begin (8)deleted text end new text begin (10) new text end LIMITATIONS AND EXCLUSIONS:
Describe:
(a) preexisting conditions;
(b) noneligible facilities/provider;
(c) noneligible levels of care (e.g., unlicensed providers, care or treatment provided
by a family member, etc.);
(d) exclusions/exceptions; and
(e) limitations.
(This section should provide a brief specific description of any policy provisions
which limit, exclude, restrict, reduce, delay, or in any other manner operate to qualify
payment of the benefits described in paragraph deleted text begin (6)deleted text end new text begin (8)new text end .)
THIS POLICY MAY NOT COVER ALL THE EXPENSES ASSOCIATED WITH
YOUR LONG-TERM CARE NEEDS.
deleted text begin (9)deleted text end new text begin (11) new text end RELATIONSHIP OF COST OF CARE AND BENEFITS. Because the costs
of long-term care services will likely increase over time, you should consider whether and
how the benefits of this plan may be adjusted. As applicable, indicate the following:
(a) that the benefit level will not increase over time;
(b) any automatic benefit adjustment provisions;
(c) whether the insured will be guaranteed the option to buy additional benefits and
the basis upon which benefits will be increased over time if not by a specified amount
or percentage;
(d) if there is such a guarantee, include whether additional underwriting or health
screening will be required, the frequency and amounts of the upgrade options, and any
significant restrictions or limitations; and
(e) whether there will be any additional premium charge imposed and how that
is to be calculated.
deleted text begin (10)deleted text end new text begin (12) new text end ALZHEIMER'S DISEASE AND OTHER ORGANIC BRAIN
DISORDERS. (State that the policy provides coverage for insureds clinically diagnosed as
having Alzheimer's disease or related degenerative and dementing illnesses. Specifically,
describe each benefit screen or other policy provision which provides preconditions to the
availability of policy benefits for such an insured.)
deleted text begin (11)deleted text end new text begin (13) new text end PREMIUM.
(a) State the total annual premium for the policy.
(b) If the premium varies with an applicant's choice among benefit options, indicate
the portion of annual premium which corresponds to each benefit option.
deleted text begin (12)deleted text end new text begin (14) new text end ADDITIONAL FEATURES.
(a) Indicate if medical underwriting is used.
(b) Describe other important features.
new text begin
(15) CONTACT THE STATE DEPARTMENT OF COMMERCE OR SENIOR
LINKAGE LINE IF YOU HAVE GENERAL QUESTIONS REGARDING LONG-TERM
CARE INSURANCE. CONTACT THE INSURANCE COMPANY IF YOU HAVE
SPECIFIC QUESTIONS REGARDING YOUR LONG-TERM CARE INSURANCE
POLICY OR CERTIFICATE.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
Minnesota Statutes 2004, section 62S.081, subdivision 4, is amended to read:
Subd. 4.
Forms.
An insurer shall use the forms in Appendices B new text begin (Personal
Worksheet) new text end and F new text begin (Potential Rate Increase Disclosure Form) new text end of the Long-term Care
Insurance Model Regulation adopted by the National Association of Insurance
Commissioners to comply with the requirements of subdivisions 1 and 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 62S.10, subdivision 2, is amended to read:
Subd. 2.
Contents.
The summary must include the following information:
(1) an explanation of how the long-term care benefit interacts with other components
of the policy, including deductions from death benefits;
(2) an illustration of the amount of benefits, the length of benefits, and the guaranteed
lifetime benefits, if any, for each covered person; deleted text begin and
deleted text end
(3) any exclusions, reductions, and limitations on benefits of long-term carenew text begin ; and
new text end
new text begin (4) a statement that any long-term care inflation protection option required by section
62S.23 is not available under this policynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
Minnesota Statutes 2004, section 62S.13, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Death of insured. new text end
new text begin
In the event of the death of the insured, this section shall
not apply to the remaining death benefit of a life insurance policy that accelerates benefits
for long-term care. In this situation, the remaining death benefits under these policies shall
be governed by section 61A.03, subdivision 1, paragraph (c). In all other situations, this
section shall apply to life insurance policies that accelerate benefits for long-term care.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 7.
Minnesota Statutes 2004, section 62S.14, subdivision 2, is amended to read:
Subd. 2.
Terms.
The terms "guaranteed renewable" and "noncancelable" may not
be used in an individual long-term care insurance policy without further explanatory
language that complies with the disclosure requirements of section 62S.20.new text begin The term
"level premium" may only be used when the insurer does not have the right to change
the premium. new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
Minnesota Statutes 2004, section 62S.15, is amended to read:
62S.15 AUTHORIZED LIMITATIONS AND EXCLUSIONS.
No policy may be delivered or issued for delivery in this state as long-term care
insurance if the policy limits or excludes coverage by type of illness, treatment, medical
condition, or accident, except as follows:
(1) preexisting conditions or diseases;
(2) mental or nervous disorders; except that the exclusion or limitation of benefits on
the basis of Alzheimer's disease is prohibited;
(3) alcoholism and drug addiction;
(4) illness, treatment, or medical condition arising out of war or act of war;
participation in a felony, riot, or insurrection; service in the armed forces or auxiliary
units; suicide, attempted suicide, or intentionally self-inflicted injury; or non-fare-paying
aviation; deleted text begin and
deleted text end
(5) treatment provided in a government facility unless otherwise required by
law, services for which benefits are available under Medicare or other government
program except Medicaid, state or federal workers' compensation, employer's liability
or occupational disease law, motor vehicle no-fault law; services provided by a member
of the covered person's immediate family; and services for which no charge is normally
made in the absence of insurancenew text begin ; and
new text end
new text begin (6) expenses for services or items available or paid under another long-term care
insurance or health insurance policynew text end .
This subdivision does not prohibit exclusions and limitations by type of provider or
territorial limitations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
Minnesota Statutes 2004, section 62S.20, subdivision 1, is amended to read:
Subdivision 1.
Renewability.
new text begin (a) new text end Individual long-term care insurance policies
must contain a renewability provision that is appropriately captioned, appears on the first
page of the policy, and clearly states deleted text begin the duration, where limited, of renewability and the
duration of the term of coverage for which the policy is issued and for which it may be
reneweddeleted text end new text begin that the coverage is guaranteed renewable or noncancelablenew text end . This subdivision
does not apply to policies which are part of or combined with life insurance policies
which do not contain a renewability provision and under which the right to nonrenew is
reserved solely to the policyholder.
new text begin
(b) A long-term care insurance policy or certificate, other than one where the insurer
does not have the right to change the premium, shall include a statement that premium
rates may change.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10.
Minnesota Statutes 2004, section 62S.24, subdivision 1, is amended to read:
Subdivision 1.
Required questions.
An application form must include the following
questions designed to elicit information as to whether, as of the date of the application, the
applicant has another long-term care insurance policy or certificate in force or whether a
long-term care policy or certificate is intended to replace any other new text begin accident and sickness
or new text end long-term care policy or certificate presently in force. A supplementary application
or other form to be signed by the applicant and agent, except where the coverage is sold
without an agent, containing the following questions may be used. If a replacement policy
is issued to a group as defined under section 62S.01, subdivision 15, clause (1), the
following questions may be modified only to the extent necessary to elicit information
about long-term care insurance policies other than the group policy being replaced;
provided, however, that the certificate holder has been notified of the replacement:
(1) do you have another long-term care insurance policy or certificate in forcenew text begin
(including health care service contract or health maintenance organization contract)new text end ?;
(2) did you have another long-term care insurance policy or certificate in force
during the last 12 months?;
(i) if so, with which company?; and
(ii) if that policy lapsed, when did it lapse?; deleted text begin and
deleted text end
(3) are you covered by Medicaid?new text begin ; and
new text end
new text begin
(4) do you intend to replace any of your medical or health insurance coverage with
this policy (certificate)?
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
Minnesota Statutes 2004, section 62S.24, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Other health insurance policies sold by agent. new text end
new text begin
Agents shall list all other
health insurance policies they have sold to the applicant that are still in force or were sold
in the past five years and are no longer in force.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
Minnesota Statutes 2004, section 62S.24, subdivision 3, is amended to read:
Subd. 3.
Solicitations other than direct response.
After determining that a
sale will involve replacement, an insurer, other than an insurer using direct response
solicitation methods or its agent, shall furnish the applicant, before issuance or delivery of
the individual long-term care insurance policy, a notice regarding replacement of accident
and sickness or long-term care coverage. One copy of the notice must be retained by the
applicant and an additional copy signed by the applicant must be retained by the insurer.
The required notice must be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
INDIVIDUAL ACCIDENT AND SICKNESS OR LONG-TERM
CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have furnished), you intend to
lapse or otherwise terminate existing new text begin accident and sickness or new text end long-term care insurance
and replace it with an individual long-term care insurance policy to be issued by (company
name) insurance company. Your new policy provides 30 days within which you may
decide, without cost, whether you desire to keep the policy. For your own information and
protection, you should be aware of and seriously consider certain factors which may affect
the insurance protection available to you under the new policy.
You should review this new coverage carefully, comparing it with all new text begin accident
and sickness or new text end long-term care insurance coverage you now have, and terminate your
present policy only if, after due consideration, you find that purchase of this long-term
care coverage is a wise decision.
STATEMENT TO APPLICANT BY AGENT
(BROKER OR OTHER REPRESENTATIVE):
(Use additional sheets, as necessary.)
I have reviewed your current new text begin medical health new text end insurance coverage. I believe the
replacement of insurance involved in this transaction materially improves your position.
My conclusion has taken into account the following considerations, which I call to your
attention:
(a) Health conditions which you presently have (preexisting conditions) may not
be immediately or fully covered under the new policy. This could result in denial or
delay in payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or certificate may not contain
new preexisting conditions or probationary periods. The insurer will waive any time
periods applicable to preexisting conditions or probationary periods in the new policy (or
coverage) for similar benefits to the extent such time was spent (depleted) under the
original policy.
(c) If you are replacing existing long-term care insurance coverage, you may wish to
secure the advice of your present insurer or its agent regarding the proposed replacement of
your present policy. This is not only your right, but it is also in your best interest to make
sure you understand all the relevant factors involved in replacing your present coverage.
(d) If, after due consideration, you still wish to terminate your present policy and
replace it with new coverage, be certain to truthfully and completely answer all questions
on the application concerning your medical health history. Failure to include all material
medical information on an application may provide a basis for the company to deny any
future claims and to refund your premium as though your policy had never been in force.
After the application has been completed and before you sign it, reread it carefully to be
certain that all information has been properly recorded.
.
(Signature of Agent, Broker, or Other Representative)
(Typed Name and Address of Agency or Broker)
The above "Notice to Applicant" was delivered to me on:
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.
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|
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| (Applicant's Signature) |
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 13.
Minnesota Statutes 2004, section 62S.24, subdivision 4, is amended to read:
Subd. 4.
Direct response solicitations.
Insurers using direct response solicitation
methods shall deliver a notice regarding replacement of long-term care coverage to
the applicant upon issuance of the policy. The required notice must be provided in the
following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OFnew text begin
ACCIDENT AND SICKNESS OR
new text end
LONG-TERM CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE! IT MAY BE
IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have furnished), you intend to
lapse or otherwise terminate existing new text begin accident and sickness or new text end long-term care insurance
and replace it with the long-term care insurance policy delivered herewith issued by
(company name) insurance company.
Your new policy provides 30 days within which you may decide, without cost,
whether you desire to keep the policy. For your own information and protection, you
should be aware of and seriously consider certain factors which may affect the insurance
protection available to you under the new policy.
You should review this new coverage carefully, comparing it with all long-term care
insurance coverage you now have, and terminate your present policy only if, after due
consideration, you find that purchase of this long-term care coverage is a wise decision.
(a) Health conditions which you presently have (preexisting conditions) may not
be immediately or fully covered under the new policy. This could result in denial or
delay in payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or certificate may not contain
new preexisting conditions or probationary periods. Your insurer will waive any time
periods applicable to preexisting conditions or probationary periods in the new policy (or
coverage) for similar benefits to the extent such time was spent (depleted) under the
original policy.
(c) If you are replacing existing long-term care insurance coverage, you may wish to
secure the advice of your present insurer or its agent regarding the proposed replacement of
your present policy. This is not only your right, but it is also in your best interest to make
sure you understand all the relevant factors involved in replacing your present coverage.
(d) (To be included only if the application is attached to the policy.)
If, after due consideration, you still wish to terminate your present policy and replace
it with new coverage, read the copy of the application attached to your new policy and be
sure that all questions are answered fully and correctly. Omissions or misstatements in
the application could cause an otherwise valid claim to be denied. Carefully check the
application and write to (company name and address) within 30 days if any information is
not correct and complete, or if any past medical history has been left out of the application.
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 14.
Minnesota Statutes 2004, section 62S.24, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Life insurance policies. new text end
new text begin
Life insurance policies that accelerate benefits for
long-term care shall comply with this section if the policy being replaced is a long-term
care insurance policy. If the policy being replaced is a life insurance policy, the insurer
shall comply with the replacement requirements of sections 61A.53 to 61A.60. If a
life insurance policy that accelerates benefits for long-term care is replaced by another
such policy, the replacing insurer shall comply with both the long-term care and the life
insurance replacement requirements.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 15.
Minnesota Statutes 2004, section 62S.24, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin
Exchange for long-term care partnership policy; addition of policy
rider.
new text end
new text begin
(a) If authorized by federal law or a federal waiver is granted with respect to the
long-term care partnership program referenced in section 256B.0571, issuers of long-term
care policies may voluntarily exchange a current long-term care insurance policy for a
long-term care partnership policy that meets the requirements of Public Law 109-171,
section 6021, after the effective date of the state plan amendment implementing the
partnership program in this state.
new text end
new text begin
(b) If authorized by federal law or a federal waiver is granted with respect to the
long-term care partnership program referenced in section 256B.0571, allowing an existing
long-term care insurance policy to qualify as a partnership policy by addition of a policy
rider, the issuer of the policy is authorized to add the rider to the policy after the effective
date of the state plan amendment implementing the partnership program in this state.
new text end
new text begin
(c) The commissioner, in cooperation with the commissioner of human services,
shall pursue any federal law changes or waivers necessary to allow the implementation
of paragraphs (a) and (b).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 16.
Minnesota Statutes 2004, section 62S.25, subdivision 6, is amended to read:
Subd. 6.
Claims denied.
Each insurer shall report annually by June 30 the number
of claims denied new text begin for any reason new text end during the reporting period for each class of business,
expressed as a percentage of claims denied, other than claims denied for failure to meet
the waiting period or because of any applicable preexisting condition.new text begin For purposes of
this subdivision, "claim" means a request for payment of benefits under an in-force policy
regardless of whether the benefit claimed is covered under the policy or any terms or
conditions of the policy have been met.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 17.
Minnesota Statutes 2004, section 62S.25, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Reports. new text end
new text begin
Reports under this section shall be done on a statewide basis and
filed with the commissioner. They shall include, at a minimum, the information in the
format contained in Appendix E (Claim Denial Reporting Form) and in Appendix G
(Replacement and Lapse Reporting Form) of the Long-Term Care Model Regulation
adopted by the National Association of Insurance Commissioners.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 18.
Minnesota Statutes 2004, section 62S.26, is amended to read:
62S.26 LOSS RATIO.
new text begin Subdivision 1. new text end
new text begin Minimum loss ratio. new text end
deleted text begin (a) deleted text end The minimum loss ratio must be at least 60
percent, calculated in a manner which provides for adequate reserving of the long-term
care insurance risk. In evaluating the expected loss ratio, the commissioner shall give
consideration to all relevant factors, including:
(1) statistical credibility of incurred claims experience and earned premiums;
(2) the period for which rates are computed to provide coverage;
(3) experienced and projected trends;
(4) concentration of experience within early policy duration;
(5) expected claim fluctuation;
(6) experience refunds, adjustments, or dividends;
(7) renewability features;
(8) all appropriate expense factors;
(9) interest;
(10) experimental nature of the coverage;
(11) policy reserves;
(12) mix of business by risk classification; and
(13) product features such as long elimination periods, high deductibles, and high
maximum limits.
new text begin Subd. 2. new text end
new text begin Life insurance policies. new text end
new text begin
Subdivision 1 shall not apply to life insurance
policies that accelerate benefits for long-term care. A life insurance policy that funds
long-term care benefits entirely by accelerating the death benefit is considered to provide
reasonable benefits in relation to premiums paid, if the policy complies with all of the
following provisions:
new text end
new text begin
(1) the interest credited internally to determine cash value accumulations, including
long-term care, if any, are guaranteed not to be less than the minimum guaranteed interest
rate for cash value accumulations without long-term care set forth in the policy;
new text end
new text begin
(2) the portion of the policy that provides life insurance benefits meets the
nonforfeiture requirements of section 61A.24;
new text end
new text begin
(3) the policy meets the disclosure requirements of sections 62S.09, 62S.10, and
62S.11; and
new text end
new text begin
(4) an actuarial memorandum is filed with the insurance department that includes:
new text end
new text begin
(i) a description of the basis on which the long-term care rates were determined;
new text end
new text begin
(ii) a description of the basis for the reserves;
new text end
new text begin
(iii) a summary of the type of policy, benefits, renewability, general marketing
method, and limits on ages of issuance;
new text end
new text begin
(iv) a description and a table of each actuarial assumption used. For expenses,
an insurer must include percentage of premium dollars per policy and dollars per unit
of benefits, if any;
new text end
new text begin
(v) a description and a table of the anticipated policy reserves and additional reserves
to be held in each future year for active lives;
new text end
new text begin
(vi) the estimated average annual premium per policy and the average issue age;
new text end
new text begin
(vii) a statement as to whether underwriting is performed at the time of application.
The statement shall indicate whether underwriting is used and, if used, the statement
shall include a description of the type or types of underwriting used, such as medical
underwriting or functional assessment underwriting. Concerning a group policy, the
statement shall indicate whether the enrollee or any dependent will be underwritten and
when underwriting occurs; and
new text end
new text begin
(viii) a description of the effect of the long-term care policy provision on the required
premiums, nonforfeiture values, and reserves on the underlying life insurance policy, both
for active lives and those in long-term care claim status.
new text end
new text begin Subd. 3. new text end
new text begin Nonapplication. new text end
deleted text begin (b)deleted text end This section does not apply to policies or certificates
that are subject to sections 62S.021, 62S.081, and 62S.265, and that comply with those
sections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 19.
Minnesota Statutes 2004, section 62S.266, subdivision 2, is amended to read:
Subd. 2.
Requirement.
new text begin (a) new text end An insurer must offer each prospective policyholder a
nonforfeiture benefit in compliance with the following requirements:
(1) a policy or certificate offered with nonforfeiture benefits must have coverage
elements, eligibility, benefit triggers, and benefit length that are the same as coverage to be
issued without nonforfeiture benefits. The nonforfeiture benefit included in the offer must
be the benefit described in subdivision 5; and
(2) the offer must be in writing if the nonforfeiture benefit is not otherwise described
in the outline of coverage or other materials given to the prospective policyholder.
new text begin
(b) When a group long-term care insurance policy is issued, the offer required in
paragraph (a) shall be made to the group policy holder. However, if the policy is issued as
group long-term care insurance as defined in section 62S.01, subdivision 15, clause (4),
other than to a continuing care retirement community or other similar entity, the offering
shall be made to each proposed certificate holder.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 20.
Minnesota Statutes 2004, section 62S.29, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
An insurer or other entity marketing long-term care
insurance coverage in this state, directly or through its producers, shall:
(1) establish marketing procedures new text begin and agent training requirements new text end to assure thatdeleted text begin a
deleted text end new text begin any marketing activities, including any new text end comparison of policies by its agents or other
producersnew text begin ,new text end are fair and accurate;
(2) establish marketing procedures to assure excessive insurance is not sold or issued;
(3) display prominently by type, stamp, or other appropriate means, on the first page
of the outline of coverage and policy, the following:
"Notice to buyer: This policy may not cover all of the costs associated with
long-term care incurred by the buyer during the period of coverage. The buyer is advised
to review carefully all policy limitations.";
(4) new text begin provide copies of the disclosure forms required in section 62S.081, subdivision
4, to the applicant;
new text end
new text begin (5) new text end inquire and otherwise make every reasonable effort to identify whether a
prospective applicant or enrollee for long-term care insurance already has long-term care
insurance and the types and amounts of the insurance;
deleted text begin (5)deleted text end new text begin (6) new text end establish auditable procedures for verifying compliance with this subdivision;
deleted text begin and
deleted text end
deleted text begin (6)deleted text end new text begin (7) new text end if applicable, provide written notice to the prospective policyholder and
certificate holder, at solicitation, that a senior insurance counseling program approved
by the commissioner is available and the name, address, and telephone number of the
programnew text begin ;
new text end
new text begin
(8) use the terms "noncancelable" or "level premium" only when the policy or
certificate conforms to section 62S.14; and
new text end
new text begin (9) provide an explanation of contingent benefit upon lapse provided for in section
62S.266new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 21.
Minnesota Statutes 2004, section 62S.30, is amended to read:
62S.30 deleted text begin APPROPRIATENESS OF RECOMMENDED PURCHASEdeleted text end new text begin
SUITABILITYnew text end .
deleted text begin
In recommending the purchase or replacement of a long-term care insurance policy
or certificate, an agent shall comply with section 60K.46, subdivision 4.
deleted text end
new text begin Subdivision 1. new text end
new text begin Standards. new text end
new text begin
Every insurer or other entity marketing long-term care
insurance shall:
new text end
new text begin
(1) develop and use suitability standards to determine whether the purchase or
replacement of long-term care insurance is appropriate for the needs of the applicant;
new text end
new text begin
(2) train its agents in the use of its suitability standards; and
new text end
new text begin
(3) maintain a copy of its suitability standards and make them available for
inspection upon request by the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Procedures. new text end
new text begin
(a) To determine whether the applicant meets the standards
developed by the insurer or other entity marketing long-term care insurance, the agent
and insurer or other entity marketing long-term care insurance shall develop procedures
that take the following into consideration:
new text end
new text begin
(1) the ability to pay for the proposed coverage and other pertinent financial
information related to the purchase of the coverage;
new text end
new text begin
(2) the applicant's goals or needs with respect to long-term care and the advantages
and disadvantages of insurance to meet those goals or needs; and
new text end
new text begin
(3) the values, benefits, and costs of the applicant's existing insurance, if any, when
compared to the values, benefits, and costs of the recommended purchase or replacement.
new text end
new text begin
(b) The insurer or other entity marketing long-term care insurance, and the agent,
where an agent is involved, shall make reasonable efforts to obtain the information set
forth in paragraph (a). The efforts shall include presentation to the applicant, at or prior
to application, of the "Long-Term Care Insurance Personal Worksheet." The personal
worksheet used by the insurer or other entity marketing long-term care insurance shall
contain, at a minimum, the information in the format contained in Appendix B of the
Long-Term Care Model Regulation adopted by the National Association of Insurance
Commissioners, in not less than 12-point type. The insurer or other entity marketing
long-term care insurance may request the applicant to provide additional information to
comply with its suitability standards. The insurer or other entity marketing long-term care
insurance shall file a copy of its personal worksheet with the commissioner.
new text end
new text begin
(c) A completed personal worksheet shall be returned to the insurer or other entity
marketing long-term care insurance prior to consideration of the applicant for coverage,
except the personal worksheet need not be returned for sales of employer group long-term
care insurance to employees and their spouses. The sale or dissemination by the insurer
or other entity marketing long-term care insurance, or the agent, of information obtained
through the personal worksheet, is prohibited.
new text end
new text begin
(d) The insurer or other entity marketing long-term care insurance shall use the
suitability standards it has developed under this section in determining whether issuing
long-term care insurance coverage to an applicant is appropriate. Agents shall use the
suitability standards developed by the insurer or other entity marketing long-term care
insurance in marketing long-term care insurance.
new text end
new text begin
(e) At the same time as the personal worksheet is provided to the applicant, the
disclosure form entitled "Things You Should Know Before You Buy Long-Term Care
Insurance" shall be provided. The form shall be in the format contained in Appendix C of
the Long-Term Care Insurance Model Regulation adopted by the National Association of
Insurance Commissioners in not less than 12-point type.
new text end
new text begin
(f) If the insurer or other entity marketing long-term care insurance determines
that the applicant does not meet its financial suitability standards, or if the applicant has
declined to provide the information, the insurer or other entity marketing long-term
care insurance may reject the application. In the alternative, the insurer or other entity
marketing long-term care insurance shall send the applicant a letter similar to Appendix D
of the Long-Term Care Insurance Model Regulation adopted by the National Association
of Insurance Commissioners. However, if the applicant has declined to provide financial
information, the insurer or other entity marketing long-term care insurance may use some
other method to verify the applicant's intent. The applicant's returned letter or a record of
the alternative method of verification shall be made part of the applicant's file.
new text end
new text begin Subd. 3. new text end
new text begin Reports. new text end
new text begin
The insurer or other entity marketing long-term care insurance
shall report annually to the commissioner the total number of applications received from
residents of this state, the number of those who declined to provide information on the
personal worksheet, the number of applicants who did not meet the suitability standards,
and the number of those who chose to confirm after receiving a suitability letter.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
This section shall not apply to life insurance policies that
accelerate benefits for long-term care.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 22.
new text begin
[62S.315] PRODUCER TRAINING.
new text end
new text begin
The commissioner shall approve producer training requirements in accordance with
the NAIC Long-Term Care Insurance Model Act provisions. The commissioner of the
Department of Human Services shall provide technical assistance and information to the
commissioner in accordance with Public Law 109-171, section 6021.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 23.
Minnesota Statutes 2004, section 144.6501, subdivision 6, is amended to read:
Subd. 6.
Medical assistance payment.
(a) An admission contract for a facility that
is certified for participation in the medical assistance program must state that neither the
prospective resident, nor anyone on the resident's behalf, is required to pay privately any
amount for which the resident's care at the facility has been approved for payment by
medical assistance or to make any kind of donation, voluntary or otherwise. new text begin Except as
permitted under section 6015 of the Deficit Reduction Act of 2005, Public Law 109-171,
new text end an admission contract must state that the facility does not require as a condition of
admission, either in its admission contract or by oral promise before signing the admission
contract, that residents remain in private pay status for any period of time.
(b) The admission contract must state that upon presentation of proof of eligibility,
the facility will submit a medical assistance claim for reimbursement and will return any
and all payments made by the resident, or by any person on the resident's behalf, for
services covered by medical assistance, upon receipt of medical assistance payment.
(c) A facility that participates in the medical assistance program shall not charge for
the day of the resident's discharge from the facility or subsequent days.
(d) If a facility's charges incurred by the resident are delinquent for 30 days, and
no person has agreed to apply for medical assistance for the resident, the facility may
petition the court under chapter 525 to appoint a representative for the resident in order to
apply for medical assistance for the resident.
(e) The remedy provided in this subdivision does not preclude a facility from seeking
any other remedy available under other laws of this state.
Sec. 24.
Minnesota Statutes 2004, section 256B.02, subdivision 9, is amended to read:
Subd. 9.
Private health care coverage.
"Private health care coverage" means any
plan regulated by chapter 62A, 62C or 64B. Private health care coverage also includes
any deleted text begin self-insurancedeleted text end new text begin self-insured new text end plan providing health care benefitsnew text begin , pharmacy benefit
manager, service benefit plan, managed care organization, and other parties that are by
contract legally responsible for payment of a claim for a health care item or service for an
individual receiving medical benefits under chapter 256B, 256D, or 256Lnew text end .
Sec. 25.
Minnesota Statutes 2004, section 256B.056, subdivision 2, is amended to read:
Subd. 2.
Homesteaddeleted text begin ;deleted text end exclusion new text begin and homestead equity limit new text end for institutionalized
persons.
new text begin (a) new text end The homestead shall be excluded for the first six calendar months of a
person's stay in a long-term care facility and shall continue to be excluded for as long as
the recipient can be reasonably expected to return to the homestead. For purposes of
this subdivision, "reasonably expected to return to the homestead" means the recipient's
attending physician has certified that the expectation is reasonable, and the recipient can
show that the cost of care upon returning home will be met through medical assistance
or other sources. The homestead shall continue to be excluded for persons residing in
a long-term care facility if it is used as a primary residence by one of the following
individuals:
deleted text begin (a)deleted text end new text begin (1)new text end the spouse;
deleted text begin (b)deleted text end new text begin (2)new text end a child under age 21;
deleted text begin (c)deleted text end new text begin (3)new text end a child of any age who is blind or permanently and totally disabled as defined
in the supplemental security income program;
deleted text begin (d)deleted text end new text begin (4)new text end a sibling who has equity interest in the home and who resided in the home for
at least one year immediately before the date of the person's admission to the facility; or
deleted text begin (e)deleted text end new text begin (5)new text end a child of any age, or, subject to federal approval, a grandchild of any age,
who resided in the home for at least two years immediately before the date of the person's
admission to the facility, and who provided care to the person that permitted the person to
reside at home rather than in an institution.
new text begin
(b) Effective for applications filed on or after July 1, 2006, and for renewals after
July 1, 2006, for persons who first applied for payment of long-term care services on
or after January 2, 2006, the equity interest in the homestead of an individual whose
eligibility for long-term care services is determined on or after January 1, 2006, shall not
exceed $500,000, unless it is the lawful residence of the individual's spouse or child
who is under age 21, blind, or disabled. The amount specified in this paragraph shall be
increased beginning in year 2011, from year to year based on the percentage increase in
the Consumer Price Index for all urban consumers (all items; United States city average),
rounded to the nearest $1,000. This provision may be waived in the case of demonstrated
hardship by a process to be determined by the secretary of health and human services
pursuant to section 6014 of the Deficit Reduction Act of 2005, Public Law 109-171.
new text end
Sec. 26.
Minnesota Statutes 2004, section 256B.056, is amended by adding a
subdivision to read:
new text begin Subd. 3e. new text end
new text begin
Treatment of continuing care retirement and life care community
entrance fees.
new text end
new text begin
An entrance fee paid by an individual to a continuing care retirement or
life care community shall be treated as an available asset to the extent that:
new text end
new text begin
(1) the individual has the ability to use the entrance fee, or the contract provides that
the entrance fee may be used, to pay for care should other resources or income of the
individual be insufficient to pay for care;
new text end
new text begin
(2) the individual is eligible for a refund of any remaining entrance fees when
the individual dies or terminates the continuing care retirement or life care community
contract and leaves the community; and
new text end
new text begin
(3) the entrance fee does not confer an ownership interest in the continuing care
retirement or life care community.
new text end
Sec. 27.
Minnesota Statutes 2004, section 256B.056, is amended by adding a
subdivision to read:
new text begin Subd. 11. new text end
new text begin Treatment of annuities. new text end
new text begin
(a) Any individual applying for or seeking
recertification of eligibility for medical assistance payment of long-term care services
shall provide a complete description of any interest either the individual or the individual's
spouse has in annuities. The individual and the individual's spouse shall furnish the
agency responsible for determining eligibility with complete current copies of their
annuities and related documents for review as part of the application process on disclosure
forms provided by the department as part of their application.
new text end
new text begin
(b) The disclosure form shall include a statement that the department becomes the
remainder beneficiary under the annuity or similar financial instrument by virtue of the
receipt of medical assistance. The disclosure form shall include a notice to the issuer of
the department's right under this section as a preferred remainder beneficiary under the
annuity or similar financial instrument for medical assistance furnished to the individual
or the individual's spouse, and require the issuer to provide confirmation that a remainder
beneficiary designation has been made and to notify the county agency when there is a
change in the amount of the income or principal being withdrawn from the annuity or
other similar financial instrument at the time of the most recent disclosure required under
this section. The individual and the individual's spouse shall execute separate disclosure
forms for each annuity or similar financial instrument that they are required to disclose
under this section and in which they have an interest.
new text end
new text begin
(c) An issuer of an annuity or similar financial instrument who receives notice on a
disclosure form as described in paragraph (b) shall provide confirmation to the requesting
agency that a remainder beneficiary designating the state has been made and shall notify
the county agency when there is a change in the amount of income or principal being
withdrawn from the annuity or other similar financial instrument. The county agency shall
provide the issuer with the name, address, and telephone number of a unit within the
department that the issuer can contact to comply with this paragraph.
new text end
Sec. 28.
Minnesota Statutes 2005 Supplement, section 256B.0571, is amended to read:
256B.0571 LONG-TERM CARE PARTNERSHIPnew text begin PROGRAMnew text end .
Subdivision 1.
Definitions.
For purposes of this section, the following terms have
the meanings given them.
deleted text begin Subd. 2. deleted text end
deleted text begin Home care service. deleted text end
deleted text begin
"Home care service" means care described in section
.
deleted text end
Subd. 3.
Long-term care insurance.
"Long-term care insurance" means a policy
described in section 62S.01.
Subd. 4.
Medical assistance.
"Medical assistance" means the program of medical
assistance established under section 256B.01.
deleted text begin Subd. 5. deleted text end
deleted text begin Nursing home. deleted text end
deleted text begin
"Nursing home" means a nursing home as described
in section .
deleted text end
Subd. 6.
Partnership policy.
"Partnership policy" means a long-term care insurance
policy that meets the requirements under subdivision 10 deleted text begin or 11, regardless of when the
policydeleted text end new text begin andnew text end was deleted text begin firstdeleted text end issuednew text begin on or after the effective date of the state plan amendment
implementing the partnership program in Minnesotanew text end .
Subd. 7.
Partnership program.
"Partnership program" means the Minnesota
partnership for long-term care program established under this section.
new text begin Subd. 7a. new text end
new text begin Protected assets. new text end
new text begin
"Protected assets" means assets or proceeds of assets
that are protected from recovery under subdivisions 13 and 15.
new text end
Subd. 8.
Program established.
(a) The commissioner, in cooperation with the
commissioner of commerce, shall establish the Minnesota partnership for long-term care
program to provide for the financing of long-term care through a combination of private
insurance and medical assistance.
(b) An individual who meets the requirements in this paragraph is eligible to
participate in the partnership program. The individual must:
(1) be a Minnesota residentnew text begin at the time coverage first became effective under the
partnership policynew text end ;
(2) deleted text begin purchase a partnership policy that is delivered, issued for delivery, or renewed on
or after the effective date of Laws 2005, First Special Session chapter 4, article 7, section
5, and maintain the partnership policy in effect throughout the period of participation
in the partnership programdeleted text end new text begin be a beneficiary of a partnership policy that (i) is issued on
or after the effective date of the state plan amendment implementing the partnership
program in Minnesota, or (ii) qualifies as a partnership policy under the provisions of
subdivision 8anew text end ; and
(3) deleted text begin exhaust the minimumdeleted text end new text begin have exhausted all of the new text end benefits under the partnership
policy as described in this section. Benefits received under a long-term care insurance
policy before deleted text begin the effective date of Laws 2005, First Special Session chapter 4, article 7,
section 5deleted text end new text begin July 1, 2006new text end , do not count toward the exhaustion of benefits required in this
subdivision.
new text begin Subd. 8a. new text end
new text begin
Exchange for long-term care partnership policy; addition of policy
rider.
new text end
new text begin
(a) If authorized by federal law or federal approval is granted with respect to
the partnership program established in this section, a long-term care insurance policy
that was issued before the effective date of the state plan amendment implementing the
partnership program in Minnesota that was exchanged after the effective date of the state
plan amendment for a long-term care partnership policy that meets the requirements of
Public Law 109-171, section 6021, qualifies as a long-term care partnership policy under
this section, unless the policy is paying benefits on the date the policy is exchanged.
new text end
new text begin
(b) If authorized by federal law or federal approval is granted with respect to the
partnership program established in this section, a long-term care insurance policy that was
issued before the effective date of the state plan amendment implementing the partnership
program in Minnesota that has a rider added after the effective date of the state plan
amendment that meets the requirements of Public Law 109-171, section 6021, qualifies
as a long-term care partnership policy under this section, unless the policy is paying
benefits on the date the rider is added.
new text end
Subd. 9.
Medical assistance eligibility.
(a) Upon application deleted text begin ofdeleted text end new text begin for medical
assistance program payment of long-term care services by new text end an individual who meets the
requirements described in subdivision 8, the commissioner shall determine the individual's
eligibility for medical assistance according to paragraphs (b) deleted text begin and (c)deleted text end new text begin to (i)new text end .
(b) After deleted text begin disregarding financialdeleted text end new text begin determining new text end assets deleted text begin exempted under medical
assistance eligibility requirementsdeleted text end new text begin subject to the asset limit under section 256B.056,
subdivision 3 or 3c, or section 256B.057, subdivision 9 or 10new text end , the commissioner shall
deleted text begin disregard an additional amount of financial assets equaldeleted text end new text begin allow the individual to designate
assets to be protected from recovery under subdivisions 13 and 15 up new text end to the dollar amount
of deleted text begin coveragedeleted text end new text begin the benefits new text end utilized under the partnership policy.new text begin Designated assets shall be
disregarded for purposes of determining eligibility for payment of long-term care services.
new text end
(c) deleted text begin The commissioner shall consider the individual's income according to medical
assistance eligibility requirements.deleted text end new text begin The individual shall identify the designated assets and
the full fair market value of those assets and designate them as assets to be protected at
the time of initial application for medical assistance. The full fair market value of real
property or interests in real property shall be based on the most recent full assessed value
for property tax purposes for the real property, unless the individual provides a complete
professional appraisal by a licensed appraiser to establish the full fair market value. The
extent of a life estate in real property shall be determined using the life estate table in the
health care program's manual. Ownership of any asset in joint tenancy shall be treated as
ownership as tenants in common for purposes of its designation as a disregarded asset.
The unprotected value of any protected asset is subject to estate recovery according to
subdivisions 13 and 15.
new text end
new text begin
(d) The right to designate assets to be protected is personal to the individual and
ends when the individual dies, except as otherwise provided in subdivisions 13 and
15. It does not include the increase in the value of the protected asset and the income,
dividends, or profits from the asset. It may be exercised by the individual or by anyone
with the legal authority to do so on the individual's behalf. It shall not be sold, assigned,
transferred, or given away.
new text end
new text begin
(e) If the dollar amount of the benefits utilized under a partnership policy is greater
than the full fair market value of all assets protected at the time of the application for
medical assistance long-term care services, the individual may designate additional assets
that become available during the individual's lifetime for protection under this section.
The individual must make the designation in writing to the county agency no later than
the last date on which the individual must report a change in circumstances to the county
agency, as provided for under the medical assistance program. Any excess used for this
purpose shall not be available to the individual's estate to protect assets in the estate from
recovery under section 256B.15 or 524.3-1202, or otherwise.
new text end
new text begin
(f) This section applies only to estate recovery under United States Code, title 42,
section 1396p, subsections (a) and (b), and does not apply to recovery authorized by other
provisions of federal law, including, but not limited to, recovery from trusts under United
States Code, title 42, section 1396p, subsection (d)(4)(A) and (C), or to recovery from
annuities, or similar legal instruments, subject to section 6012, subsections (a) and (b), of
the Deficit Reduction Act of 2005, Public Law 109-171.
new text end
new text begin
(g) An individual's protected assets owned by the individual's spouse who applies
for payment of medical assistance long-term care services shall not be protected assets or
disregarded for purposes of eligibility of the individual's spouse solely because they were
protected assets of the individual.
new text end
new text begin
(h) Assets designated under this subdivision shall not be subject to penalty under
section 256B.0595.
new text end
new text begin
(i) The commissioner shall otherwise determine the individual's eligibility
for payment of long-term care services according to medical assistance eligibility
requirements.
new text end
Subd. 10.
deleted text begin Dollar-for-dollar asset protection policiesdeleted text end new text begin Long-term care partnership
policy inflation protectionnew text end .
deleted text begin
(a) A dollar-for-dollar asset protection policy must meet all
of the requirements in paragraphs (b) to (e).
deleted text end
deleted text begin
(b) The policy must satisfy the requirements of chapter 62S.
deleted text end
deleted text begin
(c) The policy must offer an elimination period of not more than 180 days for an
adjusted premium.
deleted text end
deleted text begin
(d) The policy must satisfy the requirements established by the commissioner of
human services under subdivision 14.
deleted text end
deleted text begin
(e) Minimum daily benefits shall be $130 for nursing home care or $65 for home
care, with inflation protection provided in the policy as described in section deleted text begin 62S.23,
subdivision 1deleted text end , clause (1). These minimum daily benefit amounts shall be adjusted by the
commissioner on October 1 of each year by a percentage equal to the inflation protection
feature described in section deleted text begin 62S.23, subdivision 1deleted text end , clause (1), for purposes of setting
minimum requirements that a policy must meet in future years in order to initially qualify
as an approved policy under this subdivision. Adjusted minimum daily benefit amounts
shall be rounded to the nearest whole dollar.
deleted text end
new text begin
A long-term care partnership policy must provide the inflation protection described
in this paragraph. If the policy is sold to an individual who:
new text end
new text begin
(1) has not attained age 61 as of the date of purchase, the policy must provide
compound annual inflation protection;
new text end
new text begin
(2) has attained age 61, but has not attained age 76 as of such date, the policy must
provide some level of inflation protection; and
new text end
new text begin
(3) has attained age 76 as of such date, the policy may, but is not required to, provide
some level of inflation protection.
new text end
deleted text begin Subd. 11. deleted text end
deleted text begin Total asset protection policies. deleted text end
deleted text begin
(a) A total asset protection policy must
meet all of the requirements in subdivision 10, paragraphs (b) to (d), and this subdivision.
deleted text end
deleted text begin
(b) Minimum coverage shall be for a period of not less than three years and for a
dollar amount equal to 36 months of nursing home care at the minimum daily benefit rate
determined and adjusted under paragraph (c).
deleted text end
deleted text begin
(c) Minimum daily benefits shall be $150 for nursing home care or $75 for home
care, with inflation protection provided in the policy as described in section deleted text begin 62S.23,
subdivision 1deleted text end , clause (1). These minimum daily benefit amounts shall also be adjusted
by the commissioner on October 1 of each year by a percentage equal to the inflation
protection feature described in section deleted text begin 62S.23, subdivision 1deleted text end , clause (1), for purposes of
setting minimum requirements that a policy must meet in future years in order to initially
qualify as an approved policy under this subdivision. Adjusted minimum daily benefit
amounts shall be rounded to the nearest whole dollar.
deleted text end
deleted text begin
(d) The policy must cover all of the following services:
deleted text end
deleted text begin
(1) nursing home stay;
deleted text end
deleted text begin
(2) home care service; and
deleted text end
deleted text begin
(3) care management.
deleted text end
Subd. 12.
Compliance with federal law.
An issuer of a partnership policy must
comply with deleted text begin any federal law authorizing partnership policies in Minnesotadeleted text end new text begin Public Law
109-171, section 6021new text end , including any federal regulations, as amended, adopted under that
law. deleted text begin This subdivision does not require compliance with any provision of this federal
law until the date upon which the law requires compliance with the provision. The
commissioner has authority to enforce this subdivision.
deleted text end
Subd. 13.
Limitations on estate recovery.
(a) deleted text begin For an individual who exhausts the
minimum benefits of adeleted text end deleted text begin dollar-for-dollar asset protectiondeleted text end deleted text begin policy under subdivision 10, and
is determined eligible for medical assistance under subdivision 9, the state shall limit
recovery under the provisions of section 256B.15 against the estate of the individual
or individual's spouse for medical assistance benefits received by that individual to an
amount that exceeds the dollar amount of coverage utilized under the partnership policy.deleted text end new text begin
Protected assets of the individual shall not be subject to recovery under section 256B.15
or 524.3-1201 for medical assistance or alternative care paid on behalf of the individual.
Protected assets of the individual in the estate of the individual's surviving spouse shall
not be liable to pay a claim for recovery of medical assistance paid for the predeceased
individual that is filed in the estate of the surviving spouse under section 256B.15.
Protected assets of the individual shall not be protected assets in the surviving spouse's
estate by reason of the preceding sentence and shall be subject to recovery under section
256B.15 or 524.3-1201 for medical assistance paid on behalf of the surviving spouse.
new text end
(b) deleted text begin For an individual who exhausts the minimum benefits of a total asset protection
policy under subdivision 11, and is determined eligible for medical assistance under
subdivision 9, the state shall not seek recovery under the provisions of section 256B.15
against the estate of the individual or individual's spouse for medical assistance benefits
received by that individual.deleted text end new text begin The personal representative may protect the full fair market
value of an individual's unprotected assets in the individual's estate in an amount equal
to the unused amount of asset protection the individual had on the date of death. The
personal representative shall apply the asset protection so that the full fair market value of
any unprotected asset in the estate is protected. When or if the asset protection available
to the personal representative is or becomes less than the full fair market value of any
remaining unprotected asset, it shall be applied to partially protect one unprotected asset.
new text end
new text begin
(c) The asset protection described in paragraph (a) terminates with respect to an asset
includable in the individual's estate under chapter 524 or section 256B.15:
new text end
new text begin
(1) when the estate distributes the asset; or
new text end
new text begin
(2) if the estate of the individual has not been probated within one year from the
date of death.
new text end
new text begin
(d) If an individual owns a protected asset on the date of death and the estate is
opened for probate more than one year after death, the state or a county agency may file
and collect claims in the estate under section 256B.15, and no statute of limitations in
chapter 524 that would otherwise limit or bar the claim shall apply.
new text end
new text begin
(e) Except as otherwise provided, nothing in this section shall limit or prevent
recovery of medical assistance.
new text end
Subd. 14.
Implementation.
deleted text begin
(a) If federal law is amended or a federal waiver is
granted to permit implementation of this section, the commissioner, in consultation with
the commissioner of commerce, may alter the requirements of subdivisions 10 and 11,
and may establish additional requirements for approved policies in order to conform with
federal law or waiver authority. In establishing these requirements, the commissioner shall
seek to maximize purchase of qualifying policies by Minnesota residents while controlling
medical assistance costs.
deleted text end
deleted text begin
(b) The commissioner is authorized to suspend implementation of this section
until the next session of the legislature if the commissioner, in consultation with the
commissioner of commerce, determines that the federal legislation or federal waiver
authorizing a partnership program in Minnesota is likely to impose substantial unforeseen
costs on the state budget.
deleted text end
deleted text begin
(c) The commissioner must take action under paragraph (a) or (b) within 45 days of
final federal action authorizing a partnership policy in Minnesota.
deleted text end
deleted text begin
(d) The commissioner must notify the appropriate legislative committees of
action taken under this subdivision within 50 days of final federal action authorizing a
partnership policy in Minnesota.
deleted text end
deleted text begin
(e) The commissioner must publish a notice in the State Register of implementation
decisions made under this subdivision as soon as practicable.
deleted text end
new text begin
(a) The commissioner, in
cooperation with the commissioner of commerce, may alter the requirements of this
section so as to be in compliance with forthcoming requirements of the federal Department
of Health and Human Services and the National Association of Insurance Commissioners
necessary to implement the long-term care partnership program requirements of Public
Law 109-171, section 6021.
new text end
new text begin
(b) The commissioner shall submit a state plan amendment to the federal government
to implement the long-term care partnership program in accordance with this section.
new text end
new text begin Subd. 15. new text end
new text begin Limitation on liens. new text end
new text begin
(a) An individual's interest in real property shall
not be subject to a medical assistance lien or a notice of potential claim while and to the
extent it is protected under subdivision 9.
new text end
new text begin
(b) Medical assistance liens or liens arising under notices of potential claims against
an individual's interests in real property in the individual's estate that are designated as
protected under subdivision 13, paragraph (b), shall be released to the extent of the dollar
value of the protection applied to the interest.
new text end
new text begin
(c) If an interest in real property is protected from a lien for recovery of medical
assistance paid on behalf of the individual under paragraph (a) or (b), no lien for recovery
of medical assistance paid on behalf of that individual shall be filed against the protected
interest in real property after it is distributed to the individual's heirs or devisees.
new text end
new text begin Subd. 16. new text end
new text begin Burden of proof. new text end
new text begin
Any individual or the personal representative of the
individual's estate who asserts that an asset is a disregarded or protected asset under
this section in connection with any determination of eligibility for benefits under the
medical assistance program or any appeal, case, controversy, or other proceedings, shall
have the initial burden of:
new text end
new text begin
(1) documenting and proving by clear and convincing evidence that the asset or
source of funds for the asset in question was designated as disregarded or protected;
new text end
new text begin
(2) tracing the asset and the proceeds of the asset from that time forward; and
new text end
new text begin
(3) documenting that the asset or proceeds of the asset remained disregarded or
protected at all relevant times.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 29.
new text begin
[256B.0594] PAYMENT OF BENEFITS FROM AN ANNUITY.
new text end
new text begin
When payment becomes due under an annuity that names the department a
remainder beneficiary as described in section 256B.056, subdivision 11, the issuer shall
request and the department shall, within 45 days after receipt of the request, provide a
written statement of the total amount of the medical assistance paid. Upon timely receipt
of the written statement of the amount of medical assistance paid, the issuer shall pay the
department an amount equal to the lesser of the amount due the department under the
annuity or the total amount of medical assistance paid on behalf of the individual or the
individual's spouse. Any amounts remaining after the issuer's payment to the department
shall be payable according to the terms of the annuity or similar financial instrument. The
county agency or the department shall provide the issuer with the name, address, and
telephone number of a unit within the department the issuer can contact to comply with this
section. The requirements of section 72A.201, subdivision 4, clause (3), shall not apply to
payments made under this section until the issuer has received final payment information
from the department, if the issuer has notified the beneficiary of the requirements of this
section at the time it initially requests payment information from the department.
new text end
Sec. 30.
Minnesota Statutes 2004, section 256B.0595, subdivision 1, is amended to
read:
Subdivision 1.
Prohibited transfers.
(a) For transfers of assets made on or before
August 10, 1993, if a person or the person's spouse has given away, sold, or disposed of,
for less than fair market value, any asset or interest therein, except assets other than the
homestead that are excluded under the supplemental security program, within 30 months
before or any time after the date of institutionalization if the person has been determined
eligible for medical assistance, or within 30 months before or any time after the date of the
first approved application for medical assistance if the person has not yet been determined
eligible for medical assistance, the person is ineligible for long-term care services for the
period of time determined under subdivision 2.
(b) Effective for transfers made after August 10, 1993, a person, a person's spouse,
or any person, court, or administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of the person or person's spouse, may not
give away, sell, or dispose of, for less than fair market value, any asset or interest therein,
except assets other than the homestead that are excluded under the supplemental security
income program, for the purpose of establishing or maintaining medical assistance
eligibility. This applies to all transfers, including those made by a community spouse
after the month in which the institutionalized spouse is determined eligible for medical
assistance. For purposes of determining eligibility for long-term care services, any transfer
of such assets within 36 months before or any time after an institutionalized person applies
for medical assistance, or 36 months before or any time after a medical assistance recipient
becomes institutionalized, for less than fair market value may be considered. Any such
transfer is presumed to have been made for the purpose of establishing or maintaining
medical assistance eligibility and the person is ineligible for long-term care services for
the period of time determined under subdivision 2, unless the person furnishes convincing
evidence to establish that the transaction was exclusively for another purpose, or unless
the transfer is permitted under subdivision 3 or 4. deleted text begin Notwithstanding the provisions of this
paragraph, deleted text end In the case of payments from a trust or portions of a trust that are considered
transfers of assets under federal law, new text begin or in the case of any other disposal of assets made on
or after February 8, 2006, new text end any transfers made within 60 months before or any time after an
institutionalized person applies for medical assistance and within 60 months before or any
time after a medical assistance recipient becomes institutionalized, may be considered.
(c) This section applies to transfers, for less than fair market value, of income
or assets, including assets that are considered income in the month received, such as
inheritances, court settlements, and retroactive benefit payments or income to which the
person or the person's spouse is entitled but does not receive due to action by the person,
the person's spouse, or any person, court, or administrative body with legal authority
to act in place of, on behalf of, at the direction of, or upon the request of the person or
the person's spouse.
(d) This section applies to payments for care or personal services provided by a
relative, unless the compensation was stipulated in a notarized, written agreement which
was in existence when the service was performed, the care or services directly benefited
the person, and the payments made represented reasonable compensation for the care
or services provided. A notarized written agreement is not required if payment for the
services was made within 60 days after the service was provided.
(e) This section applies to the portion of any asset or interest that a person, a person's
spouse, or any person, court, or administrative body with legal authority to act in place of,
on behalf of, at the direction of, or upon the request of the person or the person's spouse,
transfers to any annuity that exceeds the value of the benefit likely to be returned to the
person or spouse while alive, based on estimated life expectancy using the life expectancy
tables employed by the supplemental security income program to determine the value
of an agreement for services for life. The commissioner may adopt rules reducing life
expectancies based on the need for long-term care. This section applies to an annuity
described in this paragraph purchased on or after March 1, 2002, that:
(1) is not purchased from an insurance company or financial institution that is
subject to licensing or regulation by the Minnesota Department of Commerce or a similar
regulatory agency of another state;
(2) does not pay out principal and interest in equal monthly installments; or
(3) does not begin payment at the earliest possible date after annuitization.
new text begin
(f) Effective for transactions, including the purchase of an annuity, occurring on or
after February 8, 2006, the purchase of an annuity by or on behalf of an individual who
has applied for or is receiving long-term care services or the individual's spouse shall be
treated as the disposal of an asset for less than fair market value unless the department is
named as the remainder beneficiary in first position for an amount equal to at least the total
amount of medical assistance paid on behalf of the individual or the individual's spouse;
or the department is named as the remainder beneficiary in second position for an amount
equal to at least the total amount of medical assistance paid on behalf of the individual or
the individual's spouse after the individual's community spouse or minor or disabled child
and is named as the remainder beneficiary in the first position if the community spouse or
a representative of the minor or disabled child disposes of the remainder for less than fair
market value. Any subsequent change to the designation of the department as a remainder
beneficiary shall result in the annuity being treated as a disposal of assets for less than fair
market value. The amount of such transfer shall be the maximum amount the individual
or the individual's spouse could receive from the annuity or similar financial instrument.
Any change in the amount of the income or principal being withdrawn from the annuity
or other similar financial instrument at the time of the most recent disclosure shall be
deemed to be a transfer of assets for less than fair market value unless the individual or the
individual's spouse demonstrates that the transaction was for fair market value.
new text end
new text begin
(g) Effective for transactions, including the purchase of an annuity, occurring on
or after February 8, 2006, the purchase of an annuity by or on behalf of an individual
applying for or receiving long-term care services shall be treated as a disposal of assets
for less than fair market value unless it is:
new text end
new text begin
(i) an annuity described in subsection (b) or (q) of section 408 of the Internal
Revenue Code of 1986; or
new text end
new text begin
(ii) purchased with proceeds from:
new text end
new text begin
(A) an account or trust described in subsection (a), (c), or (p) of section 408 of the
Internal Revenue Code;
new text end
new text begin
(B) a simplified employee pension within the meaning of section 408(k) of the
Internal Revenue Code; or
new text end
new text begin
(C) a Roth IRA described in section 408A of the Internal Revenue Code; or
new text end
new text begin
(iii) an annuity that is irrevocable and nonassignable; is actuarially sound as
determined in accordance with actuarial publications of the Office of the Chief Actuary of
the Social Security Administration; and provides for payments in equal amounts during
the term of the annuity, with no deferral and no balloon payments made.
new text end
deleted text begin (f)deleted text end new text begin (h)new text end For purposes of this section, long-term care services include services in a
nursing facility, services that are eligible for payment according to section 256B.0625,
subdivision 2, because they are provided in a swing bed, intermediate care facility for
persons with mental retardation, and home and community-based services provided
pursuant to sections 256B.0915, 256B.092, and 256B.49. For purposes of this subdivision
and subdivisions 2, 3, and 4, "institutionalized person" includes a person who is an
inpatient in a nursing facility or in a swing bed, or intermediate care facility for persons
with mental retardation or who is receiving home and community-based services under
sections 256B.0915, 256B.092, and 256B.49.
new text begin
(i) This section applies to funds used to purchase a promissory note, loan, or
mortgage unless the note, loan, or mortgage:
new text end
new text begin
(1) has a repayment term that is actuarially sound;
new text end
new text begin
(2) provides for payments to be made in equal amounts during the term of the loan,
with no deferral and no balloon payments made; and
new text end
new text begin
(3) prohibits the cancellation of the balance upon the death of the lender.
new text end
new text begin
In the case of a promissory note, loan, or mortgage that does not meet an exception
in clauses (1) to (3), the value of such note, loan, or mortgage shall be the outstanding
balance due as of the date of the individual's application for long-term care services.
new text end
new text begin
(j) This section applies to the purchase of a life estate interest in another individual's
home unless the purchaser resides in the home for a period of at least one year after the
date of purchase.
new text end
Sec. 31.
Minnesota Statutes 2005 Supplement, section 256B.0595, subdivision 2,
is amended to read:
Subd. 2.
Period of ineligibility.
(a) For any uncompensated transfer occurring on or
before August 10, 1993, the number of months of ineligibility for long-term care services
shall be the lesser of 30 months, or the uncompensated transfer amount divided by the
average medical assistance rate for nursing facility services in the state in effect on the
date of application. The amount used to calculate the average medical assistance payment
rate shall be adjusted each July 1 to reflect payment rates for the previous calendar year.
The period of ineligibility begins with the month in which the assets were transferred.
If the transfer was not reported to the local agency at the time of application, and the
applicant received long-term care services during what would have been the period of
ineligibility if the transfer had been reported, a cause of action exists against the transferee
for the cost of long-term care services provided during the period of ineligibility, or for the
uncompensated amount of the transfer, whichever is less. The action may be brought by
the state or the local agency responsible for providing medical assistance under chapter
256G. The uncompensated transfer amount is the fair market value of the asset at the time
it was given away, sold, or disposed of, less the amount of compensation received.
(b) For uncompensated transfers made after August 10, 1993, the number of months
of ineligibility for long-term care services shall be the total uncompensated value of the
resources transferred divided by the average medical assistance rate for nursing facility
services in the state in effect on the date of application. The amount used to calculate the
average medical assistance payment rate shall be adjusted each July 1 to reflect payment
rates for the previous calendar year. The period of ineligibility begins with the first day
of the month after the month in which the assets were transferred except that if one or
more uncompensated transfers are made during a period of ineligibility, the total assets
transferred during the ineligibility period shall be combined and a penalty period calculated
to begin on the first day of the month after the month in which the first uncompensated
transfer was made. If the transfer was reported to the local agency after the date that
advance notice of a period of ineligibility that affects the next month could be provided to
the recipient and the recipient received medical assistance services or the transfer was not
reported to the local agency, and the applicant or recipient received medical assistance
services during what would have been the period of ineligibility if the transfer had been
reported, a cause of action exists against the transferee for the cost of medical assistance
services provided during the period of ineligibility, or for the uncompensated amount of
the transfer, whichever is less. The action may be brought by the state or the local agency
responsible for providing medical assistance under chapter 256G. The uncompensated
transfer amount is the fair market value of the asset at the time it was given away, sold, or
disposed of, less the amount of compensation received. Effective for transfers made on or
after March 1, 1996, involving persons who apply for medical assistance on or after April
13, 1996, no cause of action exists for a transfer unless:
(1) the transferee knew or should have known that the transfer was being made by a
person who was a resident of a long-term care facility or was receiving that level of care in
the community at the time of the transfer;
(2) the transferee knew or should have known that the transfer was being made to
assist the person to qualify for or retain medical assistance eligibility; or
(3) the transferee actively solicited the transfer with intent to assist the person to
qualify for or retain eligibility for medical assistance.
(c) new text begin For uncompensated transfers made on or after February 8, 2006, the period of
ineligibility begins on the first day of the month in which advance notice can be given
following the month in which assets have been transferred for less than fair market value,
or the date on which the individual is eligible for medical assistance under the Medicaid
state plan and would otherwise be receiving long-term care services based on an approved
application for such care but for the application of the penalty period, whichever is later,
and which does not occur during any other period of ineligibility.
new text end
new text begin (d) new text end If a calculation of a penalty period results in a partial month, payments for
long-term care services shall be reduced in an amount equal to the fractiondeleted text begin ,deleted text end new text begin .new text end deleted text begin except that in
calculating the value of uncompensated transfers, if the total value of all uncompensated
transfers made in a month not included in an existing penalty period does not exceed $200,
then such transfers shall be disregarded for each month prior to the month of application
for or during receipt of medical assistance.
deleted text end
new text begin
(e) In the case of multiple fractional transfers of assets in more than one month for
less than fair market value on or after February 8, 2006, the period of ineligibility is
calculated by treating the total, cumulative, uncompensated value of all assets transferred
during all months on or after February 8, 2006, as one transfer.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Amendments to this section are effective for applications on
or after July 1, 2006, and for renewals and reports of transfers on or after July 1, 2006.
new text end
Sec. 32.
Minnesota Statutes 2004, section 256B.0595, subdivision 3, is amended to
read:
Subd. 3.
Homestead exception to transfer prohibition.
(a) An institutionalized
person is not ineligible for long-term care services due to a transfer of assets for less than
fair market value if the asset transferred was a homestead and:
(1) title to the homestead was transferred to the individual'snew text begin :
new text end
(i) spouse;
(ii) child who is under age 21;
(iii) blind or permanently and totally disabled child as defined in the supplemental
security income program;
(iv) sibling who has equity interest in the home and who was residing in the home
for a period of at least one year immediately before the date of the individual's admission
to the facility; or
(v) son or daughter who was residing in the individual's home for a period of at least
two years immediately before the date of the individual's admission to the facility, and who
provided care to the individual that, as certified by the individual's attending physician,
permitted the individual to reside at home rather than in an institution or facility;
(2) a satisfactory showing is made that the individual intended to dispose of the
homestead at fair market value or for other valuable consideration; or
(3) the local agency grants a waiver of a penalty resulting from a transfer for less
than fair market value because denial of eligibility would cause undue hardship for the
individual, based on imminent threat to the individual's health and well-being. Whenever
an applicant or recipient is denied eligibility because of a transfer for less than fair market
value, the local agency shall notify the applicant or recipient that the applicant or recipient
may request a waiver of the penalty if the denial of eligibility will cause undue hardship.
new text begin With the written consent of the individual or the personal representative of the individual,
a long-term care facility in which an individual is residing may file an undue hardship
waiver request, on behalf of the individual who is denied eligibility for long-term care
services on or after July 1, 2006, due to a period of ineligibility resulting from a transfer on
or after February 8, 2006. new text end In evaluating a waiver, the local agency shall take into account
whether the individual was the victim of financial exploitation, whether the individual has
made reasonable efforts to recover the transferred property or resource, and other factors
relevant to a determination of hardship. If the local agency does not approve a hardship
waiver, the local agency shall issue a written notice to the individual stating the reasons
for the denial and the process for appealing the local agency's decision.
(b) When a waiver is granted under paragraph (a), clause (3), a cause of action exists
against the person to whom the homestead was transferred for that portion of long-term
care services granted within:
(1) 30 months of a transfer made on or before August 10, 1993;
(2) 60 months if the homestead was transferred after August 10, 1993, to a trust or
portion of a trust that is considered a transfer of assets under federal law; deleted text begin or
deleted text end
(3) 36 months if transferred in any other manner after August 10, 1993,new text begin but prior
to February 8, 2006; or
new text end
new text begin
(4) 60 months if the homestead was transferred on or after February 8, 2006,
new text end
or the amount of the uncompensated transfer, whichever is less, together with the
costs incurred due to the action. The action shall be brought by the state unless the
state delegates this responsibility to the local agency responsible for providing medical
assistance under chapter 256G.
Sec. 33.
Minnesota Statutes 2004, section 256B.0595, subdivision 4, is amended to
read:
Subd. 4.
Other exceptions to transfer prohibition.
An institutionalized person
who has made, or whose spouse has made a transfer prohibited by subdivision 1, is not
ineligible for long-term care services if one of the following conditions applies:
(1) the assets were transferred to the individual's spouse or to another for the sole
benefit of the spouse; or
(2) the institutionalized spouse, prior to being institutionalized, transferred assets
to a spouse, provided that the spouse to whom the assets were transferred does not then
transfer those assets to another person for less than fair market value. (At the time when
one spouse is institutionalized, assets must be allocated between the spouses as provided
under section 256B.059); or
(3) the assets were transferred to the individual's child who is blind or permanently
and totally disabled as determined in the supplemental security income program; or
(4) a satisfactory showing is made that the individual intended to dispose of the
assets either at fair market value or for other valuable consideration; or
(5) the local agency determines that denial of eligibility for long-term care services
would work an undue hardship and grants a waiver of a penalty resulting from a transfer
for less than fair market value based on an imminent threat to the individual's health
and well-being. Whenever an applicant or recipient is denied eligibility because of a
transfer for less than fair market value, the local agency shall notify the applicant or
recipient that the applicant or recipient may request a waiver of the penalty if the denial of
eligibility will cause undue hardship. new text begin With the written consent of the individual or the
personal representative of the individual, a long-term care facility in which an individual
is residing may file an undue hardship waiver request, on behalf of the individual who
is denied eligibility for long-term care services on or after July 1, 2006, due to a period
of ineligibility resulting from a transfer on or after February 8, 2006. new text end In evaluating a
waiver, the local agency shall take into account whether the individual was the victim of
financial exploitation, whether the individual has made reasonable efforts to recover the
transferred property or resource, new text begin whether the individual has taken any action to prevent
the designation of the department as a remainder beneficiary on an annuity as described
in section 256B.056, subdivision 11, new text end and other factors relevant to a determination of
hardship. If the local agency does not approve a hardship waiver, the local agency shall
issue a written notice to the individual stating the reasons for the denial and the process for
appealing the local agency's decision. When a waiver is granted, a cause of action exists
against the person to whom the assets were transferred for that portion of long-term care
services granted within:
(i) 30 months of a transfer made on or before August 10, 1993;
(ii) 60 months of a transfer if the assets were transferred after August 30, 1993, to a
trust or portion of a trust that is considered a transfer of assets under federal law; deleted text begin or
deleted text end
(iii) 36 months of a transfer if transferred in any other manner after August 10, 1993,new text begin
but prior to February 8, 2006; or
new text end
new text begin
(iv) 60 months of any transfer made on or after February 8, 2006,
new text end
or the amount of the uncompensated transfer, whichever is less, together with the
costs incurred due to the action. The action shall be brought by the state unless the
state delegates this responsibility to the local agency responsible for providing medical
assistance under this chapter; or
(6) for transfers occurring after August 10, 1993, the assets were transferred by
the person or person's spouse: (i) into a trust established for the sole benefit of a son or
daughter of any age who is blind or disabled as defined by the Supplemental Security
Income program; or (ii) into a trust established for the sole benefit of an individual who is
under 65 years of age who is disabled as defined by the Supplemental Security Income
program.
"For the sole benefit of" has the meaning found in section 256B.059, subdivision 1.
Sec. 34.
Minnesota Statutes 2005 Supplement, section 256B.06, subdivision 4, is
amended to read:
Subd. 4.
Citizenship requirements.
(a) Eligibility for medical assistance is limited
to citizens of the United States, qualified noncitizens as defined in this subdivision, and
other persons residing lawfully in the United States.new text begin Citizens or nationals of the United
States must cooperate in obtaining satisfactory documentary evidence of citizenship or
nationality according to the requirements of the federal Deficit Reduction Act of 2005,
Public Law 109-171.
new text end
(b) "Qualified noncitizen" means a person who meets one of the following
immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code,
title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8,
section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8,
section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United
States Attorney General according to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill,
Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August
22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation.
(d) All qualified noncitizens who entered the United States on or after August 22,
1996, and who otherwise meet the eligibility requirements of this chapter, are eligible for
medical assistance with federal financial participation through November 30, 1996.
Beginning December 1, 1996, qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the eligibility requirements of this
chapter are eligible for medical assistance with federal participation for five years if they
meet one of the following criteria:
(i) refugees admitted to the United States according to United States Code, title 8,
section 1157;
(ii) persons granted asylum according to United States Code, title 8, section 1158;
(iii) persons granted withholding of deportation according to United States Code,
title 8, section 1253(h);
(iv) veterans of the United States armed forces with an honorable discharge for
a reason other than noncitizen status, their spouses and unmarried minor dependent
children; or
(v) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.
Beginning December 1, 1996, qualified noncitizens who do not meet one of the
criteria in items (i) to (v) are eligible for medical assistance without federal financial
participation as described in paragraph (j).
(e) Noncitizens who are not qualified noncitizens as defined in paragraph (b),
who are lawfully residing in the United States and who otherwise meet the eligibility
requirements of this chapter, are eligible for medical assistance under clauses (1) to (3).
These individuals must cooperate with the Immigration and Naturalization Service to
pursue any applicable immigration status, including citizenship, that would qualify them
for medical assistance with federal financial participation.
(1) Persons who were medical assistance recipients on August 22, 1996, are eligible
for medical assistance with federal financial participation through December 31, 1996.
(2) Beginning January 1, 1997, persons described in clause (1) are eligible for
medical assistance without federal financial participation as described in paragraph (j).
(3) Beginning December 1, 1996, persons residing in the United States prior to
August 22, 1996, who were not receiving medical assistance and persons who arrived on
or after August 22, 1996, are eligible for medical assistance without federal financial
participation as described in paragraph (j).
(f) Nonimmigrants who otherwise meet the eligibility requirements of this chapter
are eligible for the benefits as provided in paragraphs (g) to (i). For purposes of this
subdivision, a "nonimmigrant" is a person in one of the classes listed in United States
Code, title 8, section 1101(a)(15).
(g) Payment shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements of
this chapter, if such care and services are necessary for the treatment of an emergency
medical condition, except for organ transplants and related care and services and routine
prenatal care.
(h) For purposes of this subdivision, the term "emergency medical condition" means
a medical condition that meets the requirements of United States Code, title 42, section
1396b(v).
(i) Pregnant noncitizens who are undocumented, nonimmigrants, or eligible for
medical assistance as described in paragraph (j), and who are not covered by a group
health plan or health insurance coverage according to Code of Federal Regulations, title
42, section 457.310, and who otherwise meet the eligibility requirements of this chapter,
are eligible for medical assistance through the period of pregnancy, including labor and
delivery, to the extent federal funds are available under title XXI of the Social Security
Act, and the state children's health insurance program, followed by 60 days postpartum
without federal financial participation.
(j) Qualified noncitizens as described in paragraph (d), and all other noncitizens
lawfully residing in the United States as described in paragraph (e), who are ineligible
for medical assistance with federal financial participation and who otherwise meet the
eligibility requirements of chapter 256B and of this paragraph, are eligible for medical
assistance without federal financial participation. Qualified noncitizens as described
in paragraph (d) are only eligible for medical assistance without federal financial
participation for five years from their date of entry into the United States.
(k) Beginning October 1, 2003, persons who are receiving care and rehabilitation
services from a nonprofit center established to serve victims of torture and are otherwise
ineligible for medical assistance under this chapter are eligible for medical assistance
without federal financial participation. These individuals are eligible only for the period
during which they are receiving services from the center. Individuals eligible under this
paragraph shall not be required to participate in prepaid medical assistance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 35.
Minnesota Statutes 2004, section 256L.04, subdivision 10, is amended to read:
Subd. 10.
Citizenship requirements.
Eligibility for MinnesotaCare is limited
to citizens new text begin or nationals new text end of the United States, qualified noncitizens, and other persons
residing lawfully in the United States as described in section 256B.06, subdivision 4,
paragraphs (a) to (e) and (j). Undocumented noncitizens and nonimmigrants are ineligible
for MinnesotaCare. For purposes of this subdivision, a nonimmigrant is an individual in
one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and
an undocumented noncitizen is an individual who resides in the United States without
the approval or acquiescence of the Immigration and Naturalization Service.new text begin Families
with children who are citizens or nationals of the United States must cooperate in
obtaining satisfactory documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 36. new text begin DESIGNATION OF ASSETS AS CONTINGENTLY EXEMPT UNDER
LONG-TERM CARE PARTNERSHIP PROGRAM.
new text end
new text begin
The commissioner of human services shall develop and present to the legislature
by December 15, 2006, a plan and draft legislation to allow individuals participating in
the long-term care partnership program established under Minnesota Statutes, section
256B.0571, to designate, at the time of initial application for medical assistance, assets
as contingently exempt. The full fair market value of assets designated as contingently
exempt must not exceed a percentage, specified by the commissioner, of the full fair market
value of assets designated as protected under Minnesota Statutes, section 256B.0571,
subdivision 9. The commissioner may specify different percentages for different categories
of protected assets. Assets designated as contingently exempt shall be disregarded for
purposes of determining eligibility for payment of long-term care services. If the dollar
amount of benefits utilized under a partnership policy is greater than the full fair market
value of all assets protected due to a decrease in the value of the protected assets, the plan
and draft legislation must allow the individual or the personal representative to designate
assets that are contingently exempt as protected, up to the amount of the decrease in value
of the protected assets. The plan and draft legislation must provide that any contingently
exempt asset that is not designated as protected be subject to recovery.
new text end
Sec. 37. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2005 Supplement, section 256B.0571, subdivisions 2, 5, and
11,
new text end
new text begin
are repealed.
new text end
ARTICLE 18
CHILDREN AND FAMILIES FEDERAL COMPLIANCE
Section 1.
Minnesota Statutes 2004, section 256J.021, is amended to read:
256J.021 SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.
deleted text begin Beginningdeleted text end new text begin (a) Untilnew text end October 1, deleted text begin 2001, and each year thereafterdeleted text end new text begin 2006new text end , the
commissioner of human services must treat MFIP expenditures made to or on behalf of
any minor child under section 256J.02, subdivision 2, clause (1), who is a resident of
this state under section 256J.12, and who is part of a two-parent eligible household as
expenditures under a separately funded state program and report those expenditures to the
federal Department of Health and Human Services as separate state program expenditures
under Code of Federal Regulations, title 45, section 263.5.
new text begin
(b) Beginning October 1, 2006, the commissioner of human services must treat
MFIP expenditures made to or on behalf of any minor child under section 256J.02,
subdivision 2, clause (1), who is a resident of this state under section 256J.12, and who
is part of a two-parent eligible household, as expenditures under a separately funded
state program. These expenditures shall not count toward the state's maintenance of
effort (MOE) requirements under the federal Temporary Assistance to Needy Families
(TANF) program except if counting certain families would allow the commissioner to
avoid a federal penalty. Families receiving assistance under this section must comply with
all applicable requirements in this chapter.
new text end
Sec. 2.
Minnesota Statutes 2004, section 256J.626, subdivision 2, is amended to read:
Subd. 2.
Allowable expenditures.
(a) The commissioner must restrict expenditures
under the consolidated fund to benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the consolidated fund may include, but
are not limited to:
(1) short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section 260.31, for
families who meet the residency requirement in section 256J.12, subdivisions 1 and 1a.
Payments under this subdivision are not considered TANF cash assistance and are not
counted towards the 60-month time limit;
(2) transportation needed to obtain or retain employment or to participate in other
approved work activities;
(3) direct and administrative costs of staff to deliver employment services for MFIP
or the diversionary work program, to administer financial assistance, and to provide
specialized services intended to assist hard-to-employ participants to transition to work;
(4) costs of education and training including functional work literacy and English as
a second language;
(5) cost of work supports including tools, clothing, boots, and other work-related
expenses;
(6) county administrative expenses as defined in Code of Federal Regulations, title
45, section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIP or diversionary work program participants to
participate in social services;
(11) child care to ensure that families leaving MFIP or diversionary work program
will continue to receive child care assistance from the time the family no longer qualifies
for transition year child care until an opening occurs under the basic sliding fee child
care program; and
(12) services to help noncustodial parents who live in Minnesota and have minor
children receiving MFIP or DWP assistance, but do not live in the same household as the
child, obtain or retain employment.
(b) Administrative costs that are not matched with county funds as provided in
subdivision 8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation
under this section. The commissioner shall define administrative costs for purposes of
this subdivision.
new text begin
(c) The commissioner may waive the cap on administrative costs for a county or tribe
that elects to provide an approved supported employment, unpaid work, or community
work experience program for a major segment of the county's or tribe's MFIP population.
The county or tribe must apply for the waiver on forms provided by the commissioner. In
no case shall total administrative costs exceed the TANF limits.
new text end
Sec. 3.
Minnesota Statutes 2004, section 518.551, subdivision 7, is amended to read:
Subd. 7.
Fees deleted text begin and cost recovery feesdeleted text end for IV-D services.
(a) When a recipient of
IV-D services is no longer receiving assistance under the state's title IV-A, IV-E foster
care, medical assistance, or MinnesotaCare programs, the public authority responsible
for child support enforcement must notify the recipient, within five working days of the
notification of ineligibility, that IV-D services will be continued unless the public authority
is notified to the contrary by the recipient. The notice must include the implications
of continuing to receive IV-D services, including the available services and fees, cost
recovery fees, and distribution policies relating to fees.
(b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 anddeleted text begin , if enacted,deleted text end the diversionary work program
under section 256J.95, persons who transfer from public assistance to nonpublic assistance
status, and minor parents and parents enrolled in a public secondary school, area learning
center, or alternative learning program approved by the commissioner of education.
new text begin
(c) In the case of an individual who has never received assistance under a state
program funded under Title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose an
annual federal collections fee of $25 for each case in which services are furnished. This
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end When the public authority provides full IV-D services to an obligee who
has applied for those services, upon written notice to the obligee, the public authority
must charge a cost recovery fee of one percent of the amount collected. This fee must
be deducted from the amount of the child support and maintenance collected and not
assigned under section 256.741 before disbursement to the obligee. This fee does not
apply to an obligee who:
(1) is currently receiving assistance under the state's title IV-A, IV-E foster care,
medical assistance, or MinnesotaCare programs; or
(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.
deleted text begin (d)deleted text end new text begin (e)new text end When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of one percent of the monthly court-ordered child support and
maintenance obligation. The fee may be collected through income withholding, as well
as by any other enforcement remedy available to the public authority responsible for
child support enforcement.
deleted text begin (e)deleted text end new text begin (f)new text end Fees assessed by state and federal tax agencies for collection of overdue
support owed to or on behalf of a person not receiving public assistance must be imposed
on the person for whom these services are provided. The public authority upon written
notice to the obligee shall assess a fee of $25 to the person not receiving public assistance
for each successful federal tax interception. The fee must be withheld prior to the release
of the funds received from each interception and deposited in the general fund.
deleted text begin (f)deleted text end new text begin (g) Federal collections fees collected under paragraph (c) andnew text end cost recovery fees
collected under paragraphs deleted text begin (c) anddeleted text end (d) new text begin and (e) new text end shall be considered child support program
income according to Code of Federal Regulations, title 45, section 304.50, and shall
be deposited in the deleted text begin cost recovery feedeleted text end new text begin special revenue fundnew text end account established under
paragraph deleted text begin (h)deleted text end new text begin (i)new text end . The commissioner of human services must elect to recover costs based
on either actual or standardized costs.
deleted text begin (g)deleted text end new text begin (h)new text end The limitations of this subdivision on the assessment of fees shall not apply
to the extent inconsistent with the requirements of federal law for receiving funds for the
programs under Title IV-A and Title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.
deleted text begin (h)deleted text end new text begin (i)new text end The commissioner of human services is authorized to establish a special
revenue fund account to receive deleted text begin child supportdeleted text end new text begin the federal collections fees collected under
paragraph (c) andnew text end cost recovery feesnew text begin collected under paragraphs (d) and (e)new text end . A portion of
the nonfederal share of these fees may be retained for expenditures necessary to administer
the deleted text begin feedeleted text end new text begin feesnew text end and must be transferred to the child support system special revenue account.
The remaining nonfederal share of the new text begin federal collections fees and new text end cost recovery deleted text begin feedeleted text end new text begin feesnew text end
must be retained by the commissioner and dedicated to the child support general fund
county performance-based grant account authorized under sections 256.979 and 256.9791.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2006, or later, if the
commissioner determines that a later implementation will not result in federal financial
penalties.
new text end
ARTICLE 19
ASSISTED LIVING
Section 1.
new text begin
[144A.441] ASSISTED LIVING BILL OF RIGHTS ADDENDUM.
new text end
new text begin
Assisted living clients, as defined in section 144G.01, subdivision 3, shall be
provided with the home care bill of rights required by section 144A.44, except that the
home care bill of rights provided to these clients must include the following provision in
place of the provision in section 144A.44, subdivision 1, clause (16):
new text end
new text begin
"(16) the right to reasonable, advance notice of changes in services or charges,
including at least 30 days' advance notice of the termination of a service by a provider,
except in cases where:
new text end
new text begin
(i) the recipient of services engages in conduct that alters the conditions of
employment as specified in the employment contract between the home care provider
and the individual providing home care services, or creates an abusive or unsafe work
environment for the individual providing home care services;
new text end
new text begin
(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the home care provider; or
new text end
new text begin
(iii) the provider has not received payment for services, for which at least ten days'
advance notice of the termination of a service shall be provided."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 2.
new text begin
[144A.442] TERMINATION OF HOME CARE SERVICES FOR
ASSISTED LIVING CLIENTS.
new text end
new text begin
If an arranged home care provider, as defined in section 144D.01, subdivision 2a,
who is not also Medicare certified terminates a service agreement or service plan with
an assisted living client, as defined in section 144G.01, subdivision 3, the home care
provider shall provide the assisted living client and the legal or designated representatives
of the client, if any, with a written notice of termination which includes the following
information:
new text end
new text begin
(1) the effective date of termination;
new text end
new text begin
(2) the reason for termination;
new text end
new text begin
(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client or client representatives within no more than five business days of
the date of the termination notice to discuss the termination;
new text end
new text begin
(4) contact information for a reasonable number of other home care providers in
the geographic area of the assisted living client, as required by Minnesota Rules, part
4668.0050;
new text end
new text begin
(5) a statement that the provider will participate in a coordinated transfer of the care
of the client to another provider or caregiver, as required by section 144A.44, subdivision
1, clause (17);
new text end
new text begin
(6) the name and contact information of a representative of the home care provider
with whom the client may discuss the notice of termination;
new text end
new text begin
(7) a copy of the home care bill of rights; and
new text end
new text begin
(8) a statement that the notice of termination of home care services by the home care
provider does not constitute notice of termination of the housing with services contract
with a housing with services establishment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2004, section 144A.4605, is amended to read:
144A.4605 deleted text begin ASSISTED LIVING HOME CAREdeleted text end new text begin CLASS Fnew text end PROVIDER.
Subdivision 1.
Definitions.
For purposes of this section, the term "deleted text begin assisted
livingdeleted text end new text begin class Fnew text end home care provider" means a home care provider who provides nursing
services, delegated nursing services, other services performed by unlicensed personnel, or
central storage of medications solely for residents of one or more housing with services
establishments registered under chapter 144D.
Subd. 2.
deleted text begin Assisted livingdeleted text end new text begin Class Fnew text end home care license established.
A home care
provider license category entitled deleted text begin assisted livingdeleted text end new text begin class Fnew text end home care provider is hereby
established. A home care provider may obtain deleted text begin an assisted livingdeleted text end new text begin a class Fnew text end license if the
program meets the following requirements:
(a) nursing services, delegated nursing services, other services performed by
unlicensed personnel, or central storage of medications under the deleted text begin assisted livingdeleted text end new text begin class
Fnew text end license are provided solely for residents of one or more housing with services
establishments registered under chapter 144D;
(b) unlicensed personnel perform home health aide and home care aide tasks
identified in Minnesota Rules, parts 4668.0100, subparts 1 and 2, and 4668.0110, subpart 1.
Qualifications to perform these tasks shall be established in accordance with subdivision 3;
(c) periodic supervision of unlicensed personnel is provided as required by rule;
(d) notwithstanding Minnesota Rules, part 4668.0160, subpart 6, item D, client
records shall include:
(1) daily records or a weekly summary of home care services provided;
(2) documentation each time medications are administered to a client; and
(3) documentation on the day of occurrence of any significant change in the client's
status or any significant incident, such as a fall or refusal to take medications.
All entries must be signed by the staff providing the services and entered into the
record no later than two weeks after the end of the service day, except as specified in
clauses (2) and (3);
(e) medication and treatment orders, if any, are included in the client record and
are renewed at least every 12 months, or more frequently when indicated by a clinical
assessment;
(f) the central storage of medications in a housing with services establishment
registered under chapter 144D is managed under a system that is established by a
registered nurse and addresses the control of medications, handling of medications,
medication containers, medication records, and disposition of medications; and
(g) in other respects meets the requirements established by rules adopted under
sections 144A.45 to 144A.47.
Subd. 3.
Training or competency evaluations required.
(a) Unlicensed personnel
must:
(1) satisfy the training or competency requirements established by rule under
sections 144A.45 to 144A.47; or
(2) be trained or determined competent by a registered nurse in each task identified
under Minnesota Rules, part 4668.0100, subparts 1 and 2, when offered to clients in a
housing with services establishment as described in paragraphs (b) to (e).
(b) Training for tasks identified under Minnesota Rules, part 4668.0100, subparts
1 and 2, shall use a curriculum which meets the requirements in Minnesota Rules, part
4668.0130.
(c) Competency evaluations for tasks identified under Minnesota Rules, part
4668.0100, subparts 1 and 2, must be completed and documented by a registered nurse.
(d) Unlicensed personnel performing tasks identified under Minnesota Rules, part
4668.0100, subparts 1 and 2, shall be trained or demonstrate competency in the following
topics:
(1) an overview of sections 144A.43 to 144A.47 and rules adopted thereunder;
(2) recognition and handling of emergencies and use of emergency services;
(3) reporting the maltreatment of vulnerable minors or adults under sections 626.556
and 626.557;
(4) home care bill of rights;
(5) handling of clients' complaints and reporting of complaints to the Office of
Health Facility Complaints;
(6) services of the ombudsman for older Minnesotans;
(7) observation, reporting, and documentation of client status and of the care or
services provided;
(8) basic infection control;
(9) maintenance of a clean, safe, and healthy environment;
(10) communication skills;
(11) basic elements of body functioning and changes in body function that must be
reported to an appropriate health care professional; and
(12) physical, emotional, and developmental needs of clients, and ways to work with
clients who have problems in these areas, including respect for the client, the client's
property, and the client's family.
(e) Unlicensed personnel who administer medications must comply with rules
relating to the administration of medications in Minnesota Rules, part 4668.0100, subpart
2, except that unlicensed personnel need not comply with the requirements of Minnesota
Rules, part 4668.0100, subpart 5.
Subd. 4.
License required.
(a) A housing with services establishment registered
under chapter 144D that is required to obtain a home care license must obtain deleted text begin an assisted
livingdeleted text end new text begin a class Fnew text end home care license according to this section or a class A or class deleted text begin Edeleted text end new text begin Bnew text end license
according to rule. A housing with services establishment that obtains a class deleted text begin Edeleted text end new text begin Bnew text end license
under this subdivision remains subject to the payment limitations in sections 256B.0913,
subdivision 5f, paragraph (b), and 256B.0915, subdivision 3d.
(b) A board and lodging establishment registered for special services as of December
31, 1996, and also registered as a housing with services establishment under chapter
144D, must deliver home care services according to sections 144A.43 to 144A.47, and
may apply for a waiver from requirements under Minnesota Rules, parts 4668.0002 to
4668.0240, to operate a licensed agency under the standards of section 157.17. Such
waivers as may be granted by the department will expire upon promulgation of home care
rules implementing section 144A.4605.
deleted text begin
(c) An adult foster care provider licensed by the Department of Human Services and
registered under chapter 144D may continue to provide health-related services under its
foster care license until the promulgation of home care rules implementing this section.
deleted text end
deleted text begin (d) An assisted livingdeleted text end new text begin (c) A class Fnew text end home care provider licensed under this section
must comply with the disclosure provisions of section 325F.72 to the extent they are
applicable.
Subd. 5.
License fees.
The license fees for deleted text begin assisted livingdeleted text end new text begin class Fnew text end home care
providers shall be as follows:
(1) $125 annually for those providers serving a monthly average of 15 or fewer
clients, and for deleted text begin assisted livingdeleted text end new text begin class Fnew text end providers of all sizes during the first year of
operation;
(2) $200 annually for those providers serving a monthly average of 16 to 30 clients;
(3) $375 annually for those providers serving a monthly average of 31 to 50 clients;
and
(4) $625 annually for those providers serving a monthly average of 51 or more
clients.
Subd. 6.
Waiver.
Upon request of the home care provider, the commissioner may
waive the provisions of this section relating to registered nurse duties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 4.
Minnesota Statutes 2004, section 144D.01, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Arranged home care provider. new text end
new text begin
"Arranged home care provider" means a
home care provider licensed under Minnesota Rules, chapter 4668, that provides services
to some or all of the residents of a housing with services establishment and that is either
the establishment itself or another entity with which the establishment has an arrangement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 5.
Minnesota Statutes 2004, section 144D.015, is amended to read:
144D.015 ASSISTED LIVING FACILITY new text begin OR ASSISTED LIVING
RESIDENCE new text end DEFINITION FOR PURPOSES OF LONG-TERM CARE
INSURANCE.
For purposes of consistency with terminology commonly used in long-term
care insurance policiesnew text begin and notwithstanding chapter 144Gnew text end , a housing with services
establishment that is registered under section 144D.03 and that holds, or deleted text begin contractsdeleted text end new text begin makes
arrangementsnew text end with an individual or entity that holdsdeleted text begin , adeleted text end new text begin any type ofnew text end home care license and
all other licenses, permits, registrations, or other governmental approvals legally required
for delivery of the services the establishment offers or provides to its residents, constitutes
an "assisted living facility" or "assisted living residence."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 6.
Minnesota Statutes 2004, section 144D.02, is amended to read:
144D.02 REGISTRATION REQUIRED.
No entity may establish, operate, conduct, or maintain deleted text begin an elderlydeleted text end new text begin anew text end housing with
services establishment in this state without registering and operating as required in
sections 144D.01 to 144D.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 7.
Minnesota Statutes 2004, section 144D.03, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Surcharge for injunctive relief actions. new text end
new text begin
The commissioner shall assess
each housing with services establishment that offers or provides assisted living under
chapter 144G a surcharge on the annual registration fee paid under subdivision 1, to pay
for the commissioner's costs related to bringing actions for injunctive relief under section
144G.02, subdivision 2, paragraph (b), on or after July 1, 2007. The commissioner shall
assess surcharges using a sliding scale under which the surcharge amount increases with
the client capacity of an establishment. The commissioner shall adjust the surcharge as
necessary to recover the projected costs of bringing actions for injunctive relief. The
commissioner shall adjust the surcharge in accordance with section 16A.1285.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for annual registrations submitted
on or after July 1, 2007.
new text end
Sec. 8.
Minnesota Statutes 2004, section 144D.03, subdivision 2, is amended to read:
Subd. 2.
Registration information.
The establishment shall provide the following
information to the commissioner in order to be registered:
(1) the business name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners are not natural persons, identification of the type of business entity
of the owner or owners, and the names and addresses of the officers and members of the
governing body, or comparable persons for partnerships, limited liability corporations, or
other types of business organizations of the owner or owners;
(3) the name and mailing address of the managing agent, whether through
management agreement or lease agreement, of the establishment, if different from the
owner or owners, and the name of the on-site manager, if any;
(4) verification that the establishment has entered into deleted text begin an elderlydeleted text end new text begin anew text end housing with
services contract, as required in section 144D.04, with each resident or resident's
representative;
(5) verification that the establishment is complying with the requirements of section
325F.72, if applicable;
(6) the name and address of at least one natural person who shall be responsible
for dealing with the commissioner on all matters provided for in sections 144D.01 to
144D.06, and on whom personal service of all notices and orders shall be made, and who
shall be authorized to accept service on behalf of the owner or owners and the managing
agent, if any; and
(7) the signature of the authorized representative of the owner or owners or, if
the owner or owners are not natural persons, signatures of at least two authorized
representatives of each owner, one of which shall be an officer of the owner.
Personal service on the person identified under clause (6) by the owner or owners in
the registration shall be considered service on the owner or owners, and it shall not be a
defense to any action that personal service was not made on each individual or entity. The
designation of one or more individuals under this subdivision shall not affect the legal
responsibility of the owner or owners under sections 144D.01 to 144D.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 9.
Minnesota Statutes 2004, section 144D.04, is amended to read:
144D.04 deleted text begin ELDERLYdeleted text end HOUSING WITH SERVICES CONTRACTS.
Subdivision 1.
Contract required.
No deleted text begin elderlydeleted text end housing with services establishment
may operate in this state unless a written deleted text begin elderlydeleted text end housing with services contract, as defined
in subdivision 2, is executed between the establishment and each resident or resident's
representative and unless the establishment operates in accordance with the terms of the
contract. The resident or the resident's representative shall be given a complete copy of
the contract and all supporting documents and attachments and any changes whenever
changes are made.
Subd. 2.
Contents of contract.
deleted text begin An elderlydeleted text end new text begin Anew text end housing with services contract, which
need not be entitled as such to comply with this section, shall include at least the following
elements in itself or through supporting documents or attachments:
(1) new text begin the new text end name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners is not a natural person, identification of the type of business entity
of the owner or owners;
(3) the name and mailing address of the managing agent, through management
agreement or lease agreement, of the establishment, if different from the owner or owners;
(4) the name and address of at least one natural person who is authorized to accept
service new text begin of process new text end on behalf of the owner or owners and managing agent;
(5)new text begin anew text end statement describing the registration and licensure status of the establishment
and any provider providing health-related or supportive services under an arrangement
with the establishment;
(6)new text begin thenew text end term of the contract;
(7) new text begin a new text end description of the services to be provided to the resident in the base rate to
be paid by resident;
(8) new text begin a new text end description of any additional servicesnew text begin , including home care services,new text end available
for an additional fee from the establishment directly or through arrangements with the
establishmentnew text begin , and a schedule of fees charged for these servicesnew text end ;
deleted text begin
(9) fee schedules outlining the cost of any additional services;
deleted text end
deleted text begin (10)deleted text end new text begin (9) anew text end description of the process through which the contract may be modified,
amended, or terminated;
deleted text begin (11)deleted text end new text begin (10) anew text end description of the establishment's complaint resolution process available
to residents including the toll-free complaint line for the Office of Ombudsman for Older
Minnesotans;
deleted text begin (12)deleted text end new text begin (11)new text end the resident's designated representative, if any;
deleted text begin (13)deleted text end new text begin (12)new text end the establishment's referral procedures if the contract is terminated;
deleted text begin (14) criteriadeleted text end new text begin (13) requirements of residencynew text end used by the establishment to determine
who may new text begin reside or new text end continue to reside in the deleted text begin elderlydeleted text end housing with services establishment;
deleted text begin (15)deleted text end new text begin (14)new text end billing and payment procedures and requirements;
deleted text begin (16)deleted text end new text begin (15) anew text end statement regarding the ability of residents to receive services from
service providers with whom the establishment does not have an arrangement; deleted text begin and
deleted text end
deleted text begin (17)deleted text end new text begin (16) anew text end statement regarding the availability of public funds for payment for
residence or services in the establishmentnew text begin ; and
new text end
new text begin (17) a statement regarding the availability of and contact information for long-
term care consultation services under section 256B.0911 in the county in which the
establishment is locatednew text end .
Subd. 3.
Contracts in permanent files.
deleted text begin Elderlydeleted text end Housing with services contracts
and related documents executed by each resident or resident's representative shall be
maintained by the establishment in files from the date of execution until three years after
the contract is terminated. The contracts and the written disclosures required under section
325F.72, if applicable, shall be made available for on-site inspection by the commissioner
upon request at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 10.
new text begin
[144D.045] INFORMATION CONCERNING ARRANGED HOME
CARE PROVIDERS.
new text end
new text begin
If a housing with services establishment has one or more arranged home care
providers, the establishment shall arrange to have that arranged home care provider deliver
the following information in writing to a prospective resident, prior to the date on which
the prospective resident executes a contract with the establishment or the prospective
resident's move-in date, whichever is earlier:
new text end
new text begin
(1) the name, mailing address, and telephone number of the arranged home care
provider;
new text end
new text begin
(2) the name and mailing address of at least one natural person who is authorized to
accept service of process on behalf of the entity described in clause (1);
new text end
new text begin
(3) a description of the process through which a home care service agreement or
service plan between a resident and the arranged home care provider, if any, may be
modified, amended, or terminated;
new text end
new text begin
(4) the arranged home care provider's billing and payment procedures and
requirements; and
new text end
new text begin
(5) any limits to the services available from the arranged provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 11.
Minnesota Statutes 2004, section 144D.05, is amended to read:
144D.05 AUTHORITY OF COMMISSIONER.
The commissioner shall, upon receipt of information which may indicate the failure
of the deleted text begin elderlydeleted text end housing with services establishment, a resident, a resident's representative,
or a service provider to comply with a legal requirement to which one or more of them
may be subject, make appropriate referrals to other governmental agencies and entities
having jurisdiction over the subject matter. The commissioner may also make referrals
to any public or private agency the commissioner considers available for appropriate
assistance to those involved.
The commissioner shall have standing to bring an action for injunctive relief
in the district court in the district in which an establishment is located to compel the
deleted text begin elderlydeleted text end housing with services establishment to meet the requirements of this chapter or
other requirements of the state or of any county or local governmental unit to which the
establishment is otherwise subject. Proceedings for securing an injunction may be brought
by the commissioner through the attorney general or through the appropriate county
attorney. The sanctions in this section do not restrict the availability of other sanctions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 12.
Minnesota Statutes 2004, section 144D.065, is amended to read:
144D.065 ESTABLISHMENTS THAT SERVE PERSONS WITH
ALZHEIMER'S DISEASE OR RELATED DISORDERS.
(a) If a housing with services establishment registered under this chapter markets or
otherwise promotes services for persons with Alzheimer's disease or related disorders,
whether in a segregated or general unit, the deleted text begin facility'sdeleted text end new text begin establishment'snew text end direct care staff and
their supervisors must be trained in dementia care.
(b) Areas of required training include:
(1) an explanation of Alzheimer's disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency
of training, and the basic topics covered. This information satisfies the disclosure
requirements of section 325F.72, subdivision 2, clause (4).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 13.
new text begin
[144G.01] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope; other definitions. new text end
new text begin
For purposes of sections 144G.01 to
144G.05, the following definitions apply. In addition, the definitions provided in section
144D.01 also apply to sections 144G.01 to 144G.05.
new text end
new text begin Subd. 2. new text end
new text begin Assisted living. new text end
new text begin
"Assisted living" means a service or package of services
advertised, marketed, or otherwise described, offered, or promoted using the phrase
"assisted living" either alone or in combination with other words, whether orally or in
writing, and which is subject to the requirements of this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Assisted living client. new text end
new text begin
"Assisted living client" or "client" means a housing
with services resident who receives assisted living that is subject to the requirements
of this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of health.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 14.
new text begin
[144G.02] ASSISTED LIVING; PROTECTED TITLE; RESTRICTION
ON USE; REGULATORY FUNCTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Protected title; restriction on use. new text end
new text begin
No person or entity may use the
phrase "assisted living," whether alone or in combination with other words and whether
orally or in writing, to advertise, market, or otherwise describe, offer, or promote itself, or
any housing, service, service package, or program that it provides within this state, unless
the person or entity is a housing with services establishment that meets the requirements of
this chapter, or is a person or entity that provides some or all components of assisted living
that meet the requirements of this chapter. A person or entity entitled to use the phrase
"assisted living" shall use the phrase only in the context of its participation in assisted
living that meets the requirements of this chapter. A housing with services establishment
offering or providing assisted living that is not made available to residents in all of its
housing units shall identify the number or location of the units in which assisted living
is available, and may not use the term "assisted living" in the name of the establishment
registered with the commissioner under chapter 144D, or in the name the establishment
uses to identify itself to residents or the public.
new text end
new text begin Subd. 2. new text end
new text begin Authority of commissioner. new text end
new text begin
(a) The commissioner, upon receipt of
information that may indicate the failure of a housing with services establishment, the
arranged home care provider, an assisted living client, or an assisted living client's
representative to comply with a legal requirement to which one or more of the entities may
be subject, shall make appropriate referrals to other governmental agencies and entities
having jurisdiction over the subject matter. The commissioner may also make referrals
to any public or private agency the commissioner considers available for appropriate
assistance to those involved.
new text end
new text begin
(b) In addition to the authority with respect to licensed home care providers under
sections 144A.45 and 144A.46 and with respect to housing with services establishments
under chapter 144D, the commissioner shall have standing to bring an action for injunctive
relief in the district court in the district in which a housing with services establishment
is located to compel the housing with services establishment or the arranged home care
provider to meet the requirements of this chapter or other requirements of the state or of
any county or local governmental unit to which the establishment or arranged home care
provider is otherwise subject. Proceedings for securing an injunction may be brought by
the commissioner through the attorney general or through the appropriate county attorney.
The sanctions in this section do not restrict the availability of other sanctions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 15.
new text begin
[144G.03] ASSISTED LIVING REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Verification in annual registration. new text end
new text begin
A registered housing with
services establishment using the phrase "assisted living," pursuant to section 144G.02,
subdivision 1, shall verify to the commissioner in its annual registration pursuant to chapter
144D that the establishment is complying with sections 144G.01 to 144G.05, as applicable.
new text end
new text begin Subd. 2. new text end
new text begin Minimum requirements for assisted living. new text end
new text begin
(a) Assisted living shall
be provided or made available only to individuals residing in a registered housing with
services establishment. Except as expressly stated in this chapter, a person or entity
offering assisted living may define the available services and may offer assisted living to
all or some of the residents of a housing with services establishment. The services that
comprise assisted living may be provided or made available directly by a housing with
services establishment or by persons or entities with which the housing with services
establishment has made arrangements.
new text end
new text begin
(b) A person or entity entitled to use the phrase "assisted living," according to
section 144G.02, subdivision 1, shall do so only with respect to a housing with services
establishment, or a service, service package, or program available within a housing with
services establishment that, at a minimum:
new text end
new text begin
(1) provides or makes available health-related services under a class A or class F
home care license. At a minimum, health-related services must include:
new text end
new text begin
(i) assistance with self-administration of medication as defined in Minnesota Rules,
part 4668.0003, subpart 2a, or medication administration as defined in Minnesota Rules,
part 4668.0003, subpart 21a; and
new text end
new text begin
(ii) assistance with at least three of the following seven activities of daily living:
bathing, dressing, grooming, eating, transferring, continence care, and toileting.
new text end
new text begin
All health-related services shall be provided in a manner that complies with applicable
home care licensure requirements in chapter 144A, sections 148.171 to 148.285, and
Minnesota Rules, chapter 4668;
new text end
new text begin
(2) provides necessary assessments of the physical and cognitive needs of assisted
living clients by a registered nurse, as required by applicable home care licensure
requirements in chapter 144A, sections 148.171 to 148.285, and Minnesota Rules, chapter
4668;
new text end
new text begin
(3) has and maintains a system for delegation of health care activities to unlicensed
assistive health care personnel by a registered nurse, including supervision and evaluation
of the delegated activities as required by applicable home care licensure requirements in
chapter 144A, sections 148.171 to 148.285, and Minnesota Rules, chapter 4668;
new text end
new text begin
(4) provides staff access to an on-call registered nurse 24 hours per day, seven
days per week;
new text end
new text begin
(5) has and maintains a system to check on each assisted living client at least daily;
new text end
new text begin
(6) provides a means for assisted living clients to request assistance for health and
safety needs 24 hours per day, seven days per week, from the establishment or a person or
entity with which the establishment has made arrangements;
new text end
new text begin
(7) has a person or persons available 24 hours per day, seven days per week, who
is responsible for responding to the requests of assisted living clients for assistance with
health or safety needs, who shall be:
new text end
new text begin
(i) awake;
new text end
new text begin
(ii) located in the same building, in an attached building, or on a contiguous campus
with the housing with services establishment in order to respond within a reasonable
amount of time;
new text end
new text begin
(iii) capable of communicating with assisted living clients;
new text end
new text begin
(iv) capable of recognizing the need for assistance;
new text end
new text begin
(v) capable of providing either the assistance required or summoning the appropriate
assistance; and
new text end
new text begin
(vi) capable of following directions;
new text end
new text begin
(8) offers to provide or make available at least the following supportive services
to assisted living clients:
new text end
new text begin
(i) two meals per day;
new text end
new text begin
(ii) weekly housekeeping;
new text end
new text begin
(iii) weekly laundry service;
new text end
new text begin
(iv) upon the request of the client, reasonable assistance with arranging for
transportation to medical and social services appointments, and the name of or other
identifying information about the person or persons responsible for providing this
assistance;
new text end
new text begin
(v) upon the request of the client, reasonable assistance with accessing community
resources and social services available in the community, and the name of or other
identifying information about the person or persons responsible for providing this
assistance; and
new text end
new text begin
(vi) periodic opportunities for socialization; and
new text end
new text begin
(9) makes available to all prospective and current assisted living clients information
consistent with the uniform format and the required components adopted by the
commissioner under section 144G.06. This information must be made available beginning
no later than six months after the commissioner makes the uniform format and required
components available to providers according to section 144G.06.
new text end
new text begin Subd. 3. new text end
new text begin Exemption from awake-staff requirement. new text end
new text begin
(a) A housing with services
establishment that offers or provides assisted living is exempt from the requirement in
subdivision 2, paragraph (b), clause (7), item (i), that the person or persons available and
responsible for responding to requests for assistance must be awake, if the establishment
meets the following requirements:
new text end
new text begin
(1) the establishment has a maximum capacity to serve 12 or fewer assisted living
clients;
new text end
new text begin
(2) the person or persons available and responsible for responding to requests for
assistance are physically present within the housing with services establishment in which
the assisted living clients reside;
new text end
new text begin
(3) the establishment has a system in place that is compatible with the health, safety,
and welfare of the establishment's assisted living clients;
new text end
new text begin
(4) the establishment's housing with services contract, as required by section
144D.04, includes a statement disclosing the establishment's qualification for, and
intention to rely upon, this exemption;
new text end
new text begin
(5) the establishment files with the commissioner, for purposes of public information
but not review or approval by the commissioner, a statement describing how the
establishment meets the conditions in clauses (1) to (4), and makes a copy of this statement
available to actual and prospective assisted living clients; and
new text end
new text begin
(6) the establishment indicates on its housing with services registration, under
section 144D.02 or 144D.03, as applicable, that it qualifies for and intends to rely upon the
exemption under this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Nursing assessment. new text end
new text begin
(a) A housing with services establishment offering or
providing assisted living shall:
new text end
new text begin
(1) offer to have the arranged home care provider conduct a nursing assessment by
a registered nurse of the physical and cognitive needs of the prospective resident and
propose a service agreement or service plan prior to the date on which a prospective
resident executes a contract with a housing with services establishment or the date on
which a prospective resident moves in, whichever is earlier; and
new text end
new text begin
(2) inform the prospective resident of the availability of and contact information for
long-term care consultation services under section 256B.0911, prior to the date on which a
prospective resident executes a contract with a housing with services establishment or the
date on which a prospective resident moves in, whichever is earlier.
new text end
new text begin
(b) An arranged home care provider is not obligated to conduct a nursing assessment
by a registered nurse when requested by a prospective resident if either the geographic
distance between the prospective resident and the provider, or urgent or unexpected
circumstances, do not permit the assessment to be conducted prior to the date on which
the prospective resident executes a contract or moves in, whichever is earlier. When such
circumstances occur, the arranged home care provider shall offer to conduct a telephone
conference whenever reasonably possible.
new text end
new text begin
(c) The arranged home care provider shall comply with applicable home care
licensure requirements in chapter 144A, sections 148.171 to 148.285, and Minnesota
Rules, chapter 4668, with respect to the provision of a nursing assessment prior to the
delivery of nursing services and the execution of a home care service plan or service
agreement.
new text end
new text begin Subd. 5. new text end
new text begin Assistance with arranged home care provider. new text end
new text begin
The housing with services
establishment shall provide each assisted living client with identifying information about a
person or persons reasonably available to assist the client with concerns the client may
have with respect to the services provided by the arranged home care provider. The
establishment shall keep each assisted living client reasonably informed of any changes in
the personnel referenced in this subdivision. Upon request of the assisted living client,
such personnel or designee shall provide reasonable assistance to the assisted living client
in addressing concerns regarding services provided by the arranged home care provider.
new text end
new text begin Subd. 6. new text end
new text begin Termination of housing with services contract. new text end
new text begin
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:
new text end
new text begin
(1) the effective date of termination;
new text end
new text begin
(2) the section of the contract that authorizes the termination;
new text end
new text begin
(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;
new text end
new text begin
(4) an explanation that:
new text end
new text begin
(i) the assisted living client must vacate the apartment, along with all personal
possessions, on or before the effective date of termination;
new text end
new text begin
(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
new text end
new text begin
(iii) the assisted living client may seek legal counsel in connection with the notice
of termination;
new text end
new text begin
(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
new text end
new text begin
(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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 16.
new text begin
[144G.04] RESERVATION OF RIGHTS.
new text end
new text begin Subdivision 1. new text end
new text begin Use of services. new text end
new text begin
Nothing in this chapter requires an assisted living
client to utilize any service provided or made available in assisted living.
new text end
new text begin Subd. 2. new text end
new text begin Housing with services contracts. new text end
new text begin
Nothing in this chapter requires a
housing with services establishment to execute or refrain from terminating a housing with
services contract with a prospective or current resident who is unable or unwilling to meet
the requirements of residency, with or without assistance.
new text end
new text begin Subd. 3. new text end
new text begin Provision of services. new text end
new text begin
Nothing in this chapter requires the arranged home
care provider to offer or continue to provide services under a service agreement or service
plan to a prospective or current resident of the establishment whose needs cannot be
met by the arranged home care provider.
new text end
new text begin Subd. 4. new text end
new text begin Altering operations; service packages. new text end
new text begin
Nothing in this chapter requires
a housing with services establishment or arranged home care provider offering assisted
living to fundamentally alter the nature of the operations of the establishment or the
provider in order to accommodate the request or need for facilities or services by any
assisted living client, or to refrain from requiring, as a condition of residency, that an
assisted living client pay for a package of assisted living services even if the client does
not choose to utilize all or some of the services in the package.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 17.
new text begin
[144G.05] REIMBURSEMENT UNDER ASSISTED LIVING SERVICE
PACKAGES.
new text end
new text begin
Notwithstanding the provisions of this chapter, the requirements for the Elderly
Waiver program's assisted living payment rates under section 256B.0915, subdivision
3e, shall continue to be effective and providers who do not meet the requirements of
this chapter may continue to receive payment under section 256B.0915, subdivision 3e,
as long as they continue to meet the definitions and standards for assisted living and
assisted living plus set forth in the federally approved Elderly Home and Community
Based Services Waiver Program (Control Number 0025.91). Providers of assisted living
for the Community Alternatives for Disabled Individuals (CADI) and Traumatic Brain
Injury (TBI) waivers shall continue to receive payment as long as they continue to meet
the definitions and standards for assisted living and assisted living plus set forth in the
federally approved CADI and TBI waiver plans.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 18.
new text begin
[144G.06] UNIFORM CONSUMER INFORMATION GUIDE.
new text end
new text begin
(a) The commissioner of health shall establish an advisory committee consisting
of representatives of consumers, providers, county and state officials, and other
groups the commissioner considers appropriate. The advisory committee shall present
recommendations to the commissioner on:
new text end
new text begin
(1) a format for a guide to be used by individual providers of assisted living, as
defined in section 144G.01, that includes information about services offered by that
provider, service costs, and other relevant provider-specific information, as well as a
statement of philosophy and values associated with assisted living, presented in uniform
categories that facilitate comparison with guides issued by other providers; and
new text end
new text begin
(2) requirements for informing assisted living clients, as defined in section 144G.01,
of their applicable legal rights.
new text end
new text begin
(b) The commissioner, after reviewing the recommendations of the advisory
committee, shall adopt a uniform format for the guide to be used by individual providers,
and the required components of materials to be used by providers to inform assisted
living clients of their legal rights, and shall make the uniform format and the required
components available to assisted living providers.
new text end
Sec. 19. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall strike all references to the "Class E assisted living
home care programs license," "Class E license," and similar terms in Minnesota Rules,
chapters 4668 and 4669. In sections affected by this instruction, the revisor may make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
new text end
new text begin
(b) The revisor of statutes shall change the term "assisted living home care provider,"
"assisted living license," and similar terms to "Class F home care provider," "Class F
license," and similar terms, in Minnesota Rules, chapter 4668. In sections affected by this
instruction, the revisor may make changes necessary to correct the punctuation, grammar,
or structure of the remaining text and preserve its meaning.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 20. new text begin REPEALER.
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new text begin
Minnesota Rules, part 4668.0215,
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is repealed effective January 1, 2007.
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ARTICLE 20
LONG-TERM CARE
Section 1.
Minnesota Statutes 2004, section 144.0724, subdivision 3, is amended to
read:
Subd. 3.
Resident reimbursement classifications.
(a) Resident reimbursement
classifications shall be based on the minimum data set, version 2.0 assessment instrument,
or its successor version mandated by the Centers for Medicare and Medicaid Services
that nursing facilities are required to complete for all residents. The commissioner of
health shall establish resident classes according to the 34 group, resource utilization
groups, version III or RUG-III model. Resident classes must be established based on the
individual items on the minimum data set and must be completed according to the facility
manual for case mix classification issued by the Minnesota Department of Health. The
facility manual for case mix classification shall be drafted by the Minnesota Department
of Health and presented to the chairs of health and human services legislative committees
by December 31, 2001.
(b) Each resident must be classified based on the information from the minimum
data set according to general domains in clauses (1) to (7):
(1) extensive services where a resident requires intravenous feeding or medications,
suctioning, or tracheostomy care, or is on a ventilator or respirator;
(2) rehabilitation where a resident requires physical, occupational, or speech therapy;
(3) special care where a resident has cerebral palsy; quadriplegia; multiple sclerosis;
pressure ulcers; ulcers; fever with vomiting, weight loss, pneumonia, or dehydration;
surgical wounds with treatment; or tube feeding and aphasia; or is receiving radiation
therapy;
(4) clinically complex status where a resident has tube feeding, burns, coma,
septicemia, pneumonia, internal bleeding, chemotherapy, dialysis, oxygen, transfusions,
foot infections or lesions with treatment, deleted text begin heiplegia/hemiparesisdeleted text end new text begin hemiplegia/hemiparesisnew text end ,
physician visits or order changes, or diabetes with injections and order changes;
(5) impaired cognition where a resident has poor cognitive performance;
(6) behavior problems where a resident exhibits wandering or socially inappropriate
or disruptive behavior, has hallucinations or delusions, is physically or verbally abusive
toward others, or resists care, unless the resident's other condition would place the resident
in other categories; and
(7) reduced physical functioning where a resident has no special clinical conditions.
(c) The commissioner of health shall establish resident classification according to a
34 group model based on the information on the minimum data set and within the general
domains listed in paragraph (b), clauses (1) to (7). Detailed descriptions of each resource
utilization group shall be defined in the facility manual for case mix classification issued
by the Minnesota Department of Health. The 34 groups are described as follows:
(1) SE3: requires four or five extensive services;
(2) SE2: requires two or three extensive services;
(3) SE1: requires one extensive service;
(4) RAD: requires rehabilitation services and is dependent in activity of daily living
(ADL) at a count of 17 or 18;
(5) RAC: requires rehabilitation services and ADL count is 14 to 16;
(6) RAB: requires rehabilitation services and ADL count is ten to 13;
(7) RAA: requires rehabilitation services and ADL count is four to nine;
(8) SSC: requires special care and ADL count is 17 or 18;
(9) SSB: requires special care and ADL count is 15 or 16;
(10) SSA: requires special care and ADL count is seven to 14;
(11) CC2: clinically complex with depression and ADL count is 17 or 18;
(12) CC1: clinically complex with no depression and ADL count is 17 or 18;
(13) CB2: clinically complex with depression and ADL count is 12 to 16;
(14) CB1: clinically complex with no depression and ADL count is 12 to 16;
(15) CA2: clinically complex with depression and ADL count is four to 11;
(16) CA1: clinically complex with no depression and ADL count is four to 11;
(17) IB2: impaired cognition with nursing rehabilitation and ADL count is six to ten;
(18) IB1: impaired cognition with no nursing rehabilitation and ADL count is six
to ten;
(19) IA2: impaired cognition with nursing rehabilitation and ADL count is four or
five;
(20) IA1: impaired cognition with no nursing rehabilitation and ADL count is four
or five;
(21) BB2: behavior problems with nursing rehabilitation and ADL count is six to ten;
(22) BB1: behavior problems with no nursing rehabilitation and ADL count is
six to ten;
(23) BA2: behavior problems with nursing rehabilitation and ADL count is four to
five;
(24) BA1: behavior problems with no nursing rehabilitation and ADL count is
four to five;
(25) PE2: reduced physical functioning with nursing rehabilitation and ADL count
is 16 to 18;
(26) PE1: reduced physical functioning with no nursing rehabilitation and ADL
count is 16 to 18;
(27) PD2: reduced physical functioning with nursing rehabilitation and ADL count
is 11 to 15;
(28) PD1: reduced physical functioning with no nursing rehabilitation and ADL
count is 11 to 15;
(29) PC2: reduced physical functioning with nursing rehabilitation and ADL count
is nine or ten;
(30) PC1: reduced physical functioning with no nursing rehabilitation and ADL
count is nine or ten;
(31) PB2: reduced physical functioning with nursing rehabilitation and ADL count
is six to eight;
(32) PB1: reduced physical functioning with no nursing rehabilitation and ADL
count is six to eight;
(33) PA2: reduced physical functioning with nursing rehabilitation and ADL count
is four or five; and
(34) PA1: reduced physical functioning with no nursing rehabilitation and ADL
count is four or five.
Sec. 2.
Minnesota Statutes 2004, section 144.0724, subdivision 4, is amended to read:
Subd. 4.
Resident assessment schedule.
(a) A facility must conduct and
electronically submit to the commissioner of health case mix assessments that conform
with the assessment schedule defined by Code of Federal Regulations, title 42, section
483.20, and published by the United States Department of Health and Human Services,
Centers for Medicare and Medicaid Services, in the Long Term Care Assessment
Instrument User's Manual, version 2.0, October 1995, and subsequent clarifications made
in the Long-Term Care Assessment Instrument Questions and Answers, version 2.0,
August 1996. The commissioner of health may substitute successor manuals or question
and answer documents published by the United States Department of Health and Human
Services, Centers for Medicare and Medicaid Services, to replace or supplement the
current version of the manual or document.
(b) The assessments used to determine a case mix classification for reimbursement
include the following:
(1) a new admission assessment must be completed by day 14 following admission;
(2) an annual assessment must be completed within 366 days of the last
comprehensive assessment;
(3) a significant change assessment must be completed within 14 days of the
identification of a significant change; and
(4) the second quarterly assessment following either a new admission assessment,
an annual assessment, or a significant change assessmentnew text begin , and all quarterly assessments
beginning October 1, 2006new text end . Each quarterly assessment must be completed within 92
days of the previous assessment.
Sec. 3.
Minnesota Statutes 2005 Supplement, section 144A.071, subdivision 1a,
is amended to read:
Subd. 1a.
Definitions.
For purposes of sections 144A.071 to 144A.073, the
following terms have the meanings given them:
(a) "Attached fixtures" has the meaning given in Minnesota Rules, part 9549.0020,
subpart 6.
(b) "Buildings" has the meaning given in Minnesota Rules, part 9549.0020, subpart
7.
(c) "Capital assets" has the meaning given in section 256B.421, subdivision 16.
(d) "Commenced construction" means that all of the following conditions were met:
the final working drawings and specifications were approved by the commissioner of
health; the construction contracts were let; a timely construction schedule was developed,
stipulating dates for beginning, achieving various stages, and completing construction;
and all zoning and building permits were applied for.
(e) "Completion date" means the date on which deleted text begin a certificate of occupancydeleted text end new text begin clearance
for the construction projectnew text end is issued deleted text begin for a construction projectdeleted text end , or if a deleted text begin certificate of
occupancydeleted text end new text begin clearance for the construction projectnew text end is not required, the date on which the
construction project deleted text begin isdeleted text end new text begin assets arenew text end available for facility use.
(f) "Construction" means any erection, building, alteration, reconstruction,
modernization, or improvement necessary to comply with the nursing home licensure
rules.
(g) "Construction project" means:
(1) a capital asset addition to, or replacement of a nursing home or certified boarding
care home that results in new space or the remodeling of or renovations to existing
facility space; and
(2) the remodeling or renovation of existing facility space the use of which is
modified as a result of the project described in clause (1). This existing space and the
project described in clause (1) must be used for the functions as designated on the
construction plans on completion of the project described in clause (1) for a period of
not less than 24 months.
(h) "Depreciation guidelines" means the most recent publication of "The Estimated
Useful Lives of Depreciable Hospital Assets," issued by the American Hospital
Association, 840 North Lake Shore Drive, Chicago, Illinois, 60611.
(i) "New licensed" or "new certified beds" means:
(1) newly constructed beds in a facility or the construction of a new facility that
would increase the total number of licensed nursing home beds or certified boarding
care or nursing home beds in the state; or
(2) newly licensed nursing home beds or newly certified boarding care or nursing
home beds that result from remodeling of the facility that involves relocation of beds but
does not result in an increase in the total number of beds, except when the project involves
the upgrade of boarding care beds to nursing home beds, as defined in section 144A.073,
subdivision 1. "Remodeling" includes any of the type of conversion, renovation,
replacement, or upgrading projects as defined in section 144A.073, subdivision 1.
(j) "Project construction costs" means the cost of the following items that have
a completion date within 12 months before or after the completion date of the project
described in item (g), clause (1):
(1) facility capital asset additions;
(2) replacements;
(3) renovations;
(4) remodeling projects;
(5) construction site preparation costs;
(6) related soft costs; and
(7) the cost of new technology implemented as part of the construction project
and depreciable equipment directly identified to the project, if the construction costs for
clauses (1) to (6) exceed the threshold for additions and replacements stated in section
256B.431, subdivision 16. Technology and depreciable equipment shall be included in the
project construction costs unless a written election is made by the facility, to not include
it in the facility's appraised value for purposes of Minnesota Rules, part 9549.0020,
subpart 5. Debt incurred for purchase of technology and depreciable equipment shall be
included as allowable debt for purposes of Minnesota Rules, part 9549.0060, subpart 5,
items A and C, unless the written election is to not include it. Any new technology and
depreciable equipment included in the project construction costs that the facility elects
not to include in its appraised value and allowable debt shall be treated as provided in
section 256B.431, subdivision 17, paragraph (b). Written election under this paragraph
must be included in the facility's request for the rate change related to the project, and
this election may not be changed.
(k) "Technology" means information systems or devices that make documentation,
charting, and staff time more efficient or encourage and allow for care through alternative
settings including, but not limited to, touch screens, monitors, hand-helds, swipe cards,
motion detectors, pagers, telemedicine, medication dispensers, and equipment to monitor
vital signs and self-injections, and to observe skin and other conditions.
Sec. 4.
Minnesota Statutes 2004, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a.
Exceptions for replacement beds.
It is in the best interest of the state
to ensure that nursing homes and boarding care homes continue to meet the physical
plant licensing and certification requirements by permitting certain construction projects.
Facilities should be maintained in condition to satisfy the physical and emotional needs
of residents while allowing the state to maintain control over nursing home expenditure
growth.
The commissioner of health in coordination with the commissioner of human
services, may approve the renovation, replacement, upgrading, or relocation of a nursing
home or boarding care home, under the following conditions:
(a) to license or certify beds in a new facility constructed to replace a facility or to
make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by
fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or at the direction of a
controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the controlling persons of the
facility maintained insurance coverage for the type of hazard that occurred in an amount
that a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the damages caused by the
hazard are applied to the cost of the new facility or repairs;
(iv) the new facility is constructed on the same site as the destroyed facility or on
another site subject to the restrictions in section 144A.073, subdivision 5;
(v) the number of licensed and certified beds in the new facility does not exceed the
number of licensed and certified beds in the destroyed facility; and
(vi) the commissioner determines that the replacement beds are needed to prevent an
inadequate supply of beds.
Project construction costs incurred for repairs authorized under this clause shall not be
considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location to another within a
nursing home facility, provided the total costs of remodeling performed in conjunction
with the relocation of beds does not exceed $1,000,000;
(c) to license or certify beds in a project recommended for approval under section
144A.073;
(d) to license or certify beds that are moved from an existing state nursing home to
a different state facility, provided there is no net increase in the number of state nursing
home beds;
(e) to certify and license as nursing home beds boarding care beds in a certified
boarding care facility if the beds meet the standards for nursing home licensure, or in a
facility that was granted an exception to the moratorium under section 144A.073, and if
the cost of any remodeling of the facility does not exceed $1,000,000. If boarding care
beds are licensed as nursing home beds, the number of boarding care beds in the facility
must not increase beyond the number remaining at the time of the upgrade in licensure.
The provisions contained in section 144A.073 regarding the upgrading of the facilities
do not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from an existing facility owned and
operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the
same location as the existing facility that will serve persons with Alzheimer's disease and
other related disorders. The transfer of beds may occur gradually or in stages, provided
the total number of beds transferred does not exceed 40. At the time of licensure and
certification of a bed or beds in the new unit, the commissioner of health shall delicense
and decertify the same number of beds in the existing facility. As a condition of receiving
a license or certification under this clause, the facility must make a written commitment
to the commissioner of human services that it will not seek to receive an increase in its
property-related payment rate as a result of the transfers allowed under this paragraph;
(g) to license and certify nursing home beds to replace currently licensed and certified
boarding care beds which may be located either in a remodeled or renovated boarding care
or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
nursing home facility within the identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located, provided that the number of
boarding care beds in the facility or complex are decreased by the number to be licensed
as nursing home beds and further provided that, if the total costs of new construction,
replacement, remodeling, or renovation exceed ten percent of the appraised value of
the facility or $200,000, whichever is less, the facility makes a written commitment to
the commissioner of human services that it will not seek to receive an increase in its
property-related payment rate by reason of the new construction, replacement, remodeling,
or renovation. The provisions contained in section 144A.073 regarding the upgrading of
facilities do not apply to facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing facility a facility that is
licensed as a boarding care facility but not certified under the medical assistance program,
but only if the commissioner of human services certifies to the commissioner of health that
licensing the facility as a nursing home and certifying the facility as a nursing facility will
result in a net annual savings to the state general fund of $200,000 or more;
(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing
home beds in a facility that was licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace beds in a facility acquired
by the Minneapolis Community Development Agency as part of redevelopment activities
in a city of the first class, provided the new facility is located within three miles of the site
of the old facility. Operating and property costs for the new facility must be determined
and allowed under section 256B.431 or 256B.434;
(k) to license and certify up to 20 new nursing home beds in a community-operated
hospital and attached convalescent and nursing care facility with 40 beds on April 21,
1991, that suspended operation of the hospital in April 1986. The commissioner of human
services shall provide the facility with the same per diem property-related payment rate
for each additional licensed and certified bed as it will receive for its existing 40 beds;
(l) to license or certify beds in renovation, replacement, or upgrading projects as
defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the
facility's remodeling projects do not exceed $1,000,000;
(m) to license and certify beds that are moved from one location to another for the
purposes of converting up to five four-bed wards to single or double occupancy rooms
in a nursing home that, as of January 1, 1993, was county-owned and had a licensed
capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified
nursing facility located in Minneapolis to layaway all of its licensed and certified nursing
home beds. These beds may be relicensed and recertified in a newly constructed teaching
nursing home facility affiliated with a teaching hospital upon approval by the legislature.
The proposal must be developed in consultation with the interagency committee on
long-term care planning. The beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds, except that beds on layaway status remain
subject to the surcharge in section 256.9657. This layaway provision expires July 1, 1998;
(o) to allow a project which will be completed in conjunction with an approved
moratorium exception project for a nursing home in southern Cass County and which is
directly related to that portion of the facility that must be repaired, renovated, or replaced,
to correct an emergency plumbing problem for which a state correction order has been
issued and which must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified
nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to
the commissioner, up to 30 of the facility's licensed and certified beds by converting
three-bed wards to single or double occupancy. Beds on layaway status shall have the
same status as voluntarily delicensed and decertified beds except that beds on layaway
status remain subject to the surcharge in section 256.9657, remain subject to the license
application and renewal fees under section 144A.07 and shall be subject to a $100 per bed
reactivation fee. In addition, at any time within three years of the effective date of the
layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and reactivation of some or all of
the beds to an existing licensed and certified facility or facilities located in Pine River,
Brainerd, or International Falls; provided that the total project construction costs related to
the relocation of beds from layaway status for any facility receiving relocated beds may
not exceed the dollar threshold provided in subdivision 2 unless the construction project
has been approved through the moratorium exception process under section 144A.073;
(2) relicensed and recertified, upon reactivation of some or all of the beds within the
facility which placed the beds in layaway status, if the commissioner has determined a
need for the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing beds on layaway status
must be adjusted by the incremental change in its rental per diem after recalculating the
rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The
property-related payment rate for a facility relicensing and recertifying beds from layaway
status must be adjusted by the incremental change in its rental per diem after recalculating
its rental per diem using the number of beds after the relicensing to establish the facility's
capacity day divisor, which shall be effective the first day of the month following the
month in which the relicensing and recertification became effective. Any beds remaining
on layaway status more than three years after the date the layaway status became effective
must be removed from layaway status and immediately delicensed and decertified;
(q) to license and certify beds in a renovation and remodeling project to convert 12
four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
home that, as of January 1, 1994, met the following conditions: the nursing home was
located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked
among the top 15 applicants by the 1993 moratorium exceptions advisory review panel.
The total project construction cost estimate for this project must not exceed the cost
estimate submitted in connection with the 1993 moratorium exception process;
(r) to license and certify up to 117 beds that are relocated from a licensed and
certified 138-bed nursing facility located in St. Paul to a hospital with 130 licensed
hospital beds located in South St. Paul, provided that the nursing facility and hospital are
owned by the same or a related organization and that prior to the date the relocation is
completed the hospital ceases operation of its inpatient hospital services at that hospital.
After relocation, the nursing facility's status under section 256B.431, subdivision 2j, shall
be the same as it was prior to relocation. The nursing facility's property-related payment
rate resulting from the project authorized in this paragraph shall become effective no
earlier than April 1, 1996. For purposes of calculating the incremental change in the
facility's rental per diem resulting from this project, the allowable appraised value of
the nursing facility portion of the existing health care facility physical plant prior to the
renovation and relocation may not exceed $2,490,000;
(s) to license and certify two beds in a facility to replace beds that were voluntarily
delicensed and decertified on June 28, 1991;
(t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed
nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding
the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed
nursing home facility after completion of a construction project approved in 1993 under
section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner.
Beds on layaway status shall have the same status as voluntarily delicensed or decertified
beds except that they shall remain subject to the surcharge in section 256.9657. The
16 beds on layaway status may be relicensed as nursing home beds and recertified at
any time within five years of the effective date of the layaway upon relocation of some
or all of the beds to a licensed and certified facility located in Watertown, provided that
the total project construction costs related to the relocation of beds from layaway status
for the Watertown facility may not exceed the dollar threshold provided in subdivision
2 unless the construction project has been approved through the moratorium exception
process under section 144A.073.
The property-related payment rate of the facility placing beds on layaway status
must be adjusted by the incremental change in its rental per diem after recalculating the
rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The
property-related payment rate for the facility relicensing and recertifying beds from
layaway status must be adjusted by the incremental change in its rental per diem after
recalculating its rental per diem using the number of beds after the relicensing to establish
the facility's capacity day divisor, which shall be effective the first day of the month
following the month in which the relicensing and recertification became effective. Any
beds remaining on layaway status more than five years after the date the layaway status
became effective must be removed from layaway status and immediately delicensed
and decertified;
(u) to license and certify beds that are moved within an existing area of a facility or
to a newly constructed addition which is built for the purpose of eliminating three- and
four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary
service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had
a licensed capacity of 129 beds;
(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County
to a 160-bed facility in Crow Wing County, provided all the affected beds are under
common ownership;
(w) to license and certify a total replacement project of up to 49 beds located in
Norman County that are relocated from a nursing home destroyed by flood and whose
residents were relocated to other nursing homes. The operating cost payment rates for
the new nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of
section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until
the second rate year after the settle-up cost report is filed. Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;
(x) to license and certify a total replacement project of up to 129 beds located
in Polk County that are relocated from a nursing home destroyed by flood and whose
residents were relocated to other nursing homes. The operating cost payment rates for
the new nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of
section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until
the second rate year after the settle-up cost report is filed. Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;
(y) to license and certify beds in a renovation and remodeling project to convert 13
three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and
add improvements in a nursing home that, as of January 1, 1994, met the following
conditions: the nursing home was located in Ramsey County, was not owned by a hospital
corporation, had a licensed capacity of 64 beds, and had been ranked among the top 15
applicants by the 1993 moratorium exceptions advisory review panel. The total project
construction cost estimate for this project must not exceed the cost estimate submitted in
connection with the 1993 moratorium exception process;
(z) to license and certify up to 150 nursing home beds to replace an existing 285
bed nursing facility located in St. Paul. The replacement project shall include both the
renovation of existing buildings and the construction of new facilities at the existing
site. The reduction in the licensed capacity of the existing facility shall occur during the
construction project as beds are taken out of service due to the construction process. Prior
to the start of the construction process, the facility shall provide written information to the
commissioner of health describing the process for bed reduction, plans for the relocation
of residents, and the estimated construction schedule. The relocation of residents shall be
in accordance with the provisions of law and rule;
(aa) to allow the commissioner of human services to license an additional 36 beds to
provide residential services for the physically handicapped under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that
the total number of licensed and certified beds at the facility does not increase;
(bb) to license and certify a new facility in St. Louis county with 44 beds constructed
to replace an existing facility in St. Louis County with 31 beds, which has resident rooms
on two separate floors and an antiquated elevator that creates safety concerns for residents
and prevents nonambulatory residents from residing on the second floor. The project shall
include the elimination of three- and four-bed rooms;
(cc) to license and certify four beds in a 16-bed certified boarding care home in
Minneapolis to replace beds that were voluntarily delicensed and decertified on or
before March 31, 1992. The licensure and certification is conditional upon the facility
periodically assessing and adjusting its resident mix and other factors which may
contribute to a potential institution for mental disease declaration. The commissioner of
human services shall retain the authority to audit the facility at any time and shall require
the facility to comply with any requirements necessary to prevent an institution for mental
disease declaration, including delicensure and decertification of beds, if necessary;
(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with
80 beds as part of a renovation project. The renovation must include construction of
an addition to accommodate ten residents with beginning and midstage dementia in a
self-contained living unit; creation of three resident households where dining, activities,
and support spaces are located near resident living quarters; designation of four beds
for rehabilitation in a self-contained area; designation of 30 private rooms; and other
improvements;
(ee) to license and certify beds in a facility that has undergone replacement or
remodeling as part of a planned closure under section 256B.437;
(ff) to license and certify a total replacement project of up to 124 beds located
in Wilkin County that are in need of relocation from a nursing home significantly
damaged by flood. The operating cost payment rates for the new nursing facility shall
be determined based on the interim and settle-up payment provisions of Minnesota
Rules, part 9549.0057, and the reimbursement provisions of section 256B.431, except
that section 256B.431, subdivision 26, paragraphs (a) and (b), shall not apply until the
second rate year after the settle-up cost report is filed. Property-related reimbursement
rates shall be determined under section 256B.431, taking into account any federal or state
flood-related loans or grants provided to the facility;
(gg) to allow the commissioner of human services to license an additional nine beds
to provide residential services for the physically handicapped under Minnesota Rules,
parts 9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that
the total number of licensed and certified beds at the facility does not increase;
(hh) to license and certify up to 120 new nursing facility beds to replace beds in a
facility in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the
new facility is located within four miles of the existing facility and is in Anoka County.
Operating and property rates shall be determined and allowed under section 256B.431 and
Minnesota Rules, parts 9549.0010 to 9549.0080, or section 256B.434 or 256B.435. The
provisions of section 256B.431, subdivision 26, paragraphs (a) and (b), do not apply until
the second rate year following settle-up; or
(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County
that, as of March 25, 2001, is in the active process of closing, to a 122-licensed bed
nonprofit nursing facility located in the city of Columbia Heights or its affiliate. The
transfer is effective when the receiving facility notifies the commissioner in writing of the
number of beds accepted. The commissioner shall place all transferred beds on layaway
status held in the name of the receiving facility. The layaway adjustment provisions of
section 256B.431, subdivision 30, do not apply to this layaway. The receiving facility
may only remove the beds from layaway for recertification and relicensure at the receiving
facility's current site, or at a newly constructed facility located in Anoka County. The
receiving facility must receive statutory authorization before removing these beds from
layaway statusnew text begin , or may remove these beds from layaway status if removal from layaway
status is part of a moratorium exception project approved by the commissioner under
section 144A.073new text end .
Sec. 5.
Minnesota Statutes 2004, section 144A.071, subdivision 4c, is amended to read:
Subd. 4c.
Exceptions for replacement beds after June 30, 2003.
(a) The
commissioner of health, in coordination with the commissioner of human services, may
approve the renovation, replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(1) to license and certify an 80-bed city-owned facility in Nicollet County to be
constructed on the site of a new city-owned hospital to replace an existing 85-bed facility
attached to a hospital that is also being replaced. The threshold allowed for this project
under section 144A.073 shall be the maximum amount available to pay the additional
medical assistance costs of the new facility;
(2) to license and certify 29 beds to be added to an existing 69-bed facility in St.
Louis County, provided that the 29 beds must be transferred from active or layaway status
at an existing facility in St. Louis County that had 235 beds on April 1, 2003.
The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment
rate at that facility shall not be adjusted as a result of this transfer. The operating payment
rate of the facility adding beds after completion of this project shall be the same as it was
on the day prior to the day the beds are licensed and certified. This project shall not
proceed unless it is approved and financed under the provisions of section 144A.073; deleted text begin anddeleted text end
(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of
the new beds are transferred from a 45-bed facility in Austin under common ownership
that is closed and 15 of the new beds are transferred from a 182-bed facility in Albert Lea
under common ownership; (ii) the commissioner of human services is authorized by the
2004 legislature to negotiate budget-neutral planned nursing facility closures; and (iii)
money is available from planned closures of facilities under common ownership to make
implementation of this clause budget-neutral to the state. The bed capacity of the Albert
Lea facility shall be reduced to 167 beds following the transfer. Of the 60 beds at the
new facility, 20 beds shall be used for a special care unit for persons with Alzheimer's
disease or related dementiasdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) to license and certify up to 80 beds transferred from an existing state-owned
nursing facility in Cass County to a new facility located on the grounds of the
Ah-Gwah-Ching campus. The operating cost payment rates for the new facility shall be
determined based on the interim and settle-up payment provisions of Minnesota Rules,
part 9549.0057, and the reimbursement provisions of section 256B.431. The property
payment rate for the first three years of operation shall be $35 per day. For subsequent
years, the property payment rate of $35 per day shall be adjusted for inflation as provided
in section 256B.434, subdivision 4, paragraph (c), as long as the facility has a contract
under section 256B.434.
new text end
(b) Projects approved under this subdivision shall be treated in a manner equivalent
to projects approved under subdivision 4a.
Sec. 6.
Minnesota Statutes 2004, section 144A.10, is amended by adding a subdivision
to read:
new text begin Subd. 6e. new text end
new text begin Use of fines. new text end
new text begin
When the commissioner of health determines the use of,
or provides recommendations on the use of fines collected under subdivisions 6 or 6b,
two representatives of the nursing home industry, appointed by nursing home trade
associations, and two consumer representatives as appointed by the commissioner must
be included in the process of developing or preparing any information, reviews, or
recommendations on the use of the fines. This includes, but is not limited to, including
two representatives of the nursing home industry in any committee designed to provide
information and recommendations for the use of the fines.
new text end
Sec. 7.
Minnesota Statutes 2004, section 144A.161, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
The definitions in this subdivision apply to subdivisions
2 to 10.
(a) "Closure" means the cessation of operations of a facility and the delicensure and
decertification of all beds within the facility.
(b) "Curtailment," "reduction," or "change" refers to any change in operations which
would result in or encourage the relocation of residents.
(c) "Facility" means a nursing home licensed pursuant to this chapter, or a certified
boarding care home licensed pursuant to sections 144.50 to 144.56.
(d) "Licensee" means the owner of the facility or the owner's designee or the
commissioner of health for a facility in receivership.
(e) deleted text begin "Local agency"deleted text end new text begin "County social services agency"new text end means the county or multicounty
social service agency authorized under sections 393.01 and 393.07, as the agency
responsible for providing social services for the county in which the nursing home is
located.
(f) "Plan" means a process developed under subdivision 3, paragraph (b), for the
closure, curtailment, reduction, or change in operations in a facility and the subsequent
relocation of residents.
(g) "Relocation" means the discharge of a resident and movement of the resident to
another facility or living arrangement as a result of the closing, curtailment, reduction, or
change in operations of a nursing home or boarding care home.
Sec. 8.
Minnesota Statutes 2004, section 144A.161, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Scope. new text end
new text begin
Where a facility is undertaking closure, curtailment, reduction, or
change in operations, the facility and the county social services agency must comply with
the requirements of this section.
new text end
Sec. 9.
Minnesota Statutes 2004, section 144A.161, subdivision 2, is amended to read:
Subd. 2.
Initial notice from licensee.
(a) A licensee shall notify the following
parties in writing when there is an intent to close or curtail, reduce, or change operations
which would result in or encourage the relocation of residents:
(1) the commissioner of health;
(2) the commissioner of human services;
(3) the deleted text begin localdeleted text end new text begin county social servicesnew text end agency;
(4) the Office of the Ombudsman for Older Minnesotans; and
(5) the Office of the Ombudsman for Mental Health and Mental Retardation.
(b) The written notice shall include the names, telephone numbers, facsimile
numbers, and e-mail addresses of the persons in the facility responsible for coordinating
the licensee's efforts in the planning process, and the number of residents potentially
affected by the closure or curtailment, reduction, or change in operations.
new text begin
(c) After providing written notice under this section, and prior to admission, the
facility must fully inform prospective residents and their families of the intent to close or
curtail, reduce, or change operations, and of the relocation plan.
new text end
Sec. 10.
Minnesota Statutes 2004, section 144A.161, subdivision 3, is amended to read:
Subd. 3.
Planning process.
(a) The deleted text begin localdeleted text end new text begin county social servicesnew text end agency shall,
within five working days of receiving initial notice of the licensee's intent to close or
curtail, reduce, or change operations, provide the licensee and all parties identified in
subdivision 2, paragraph (a), with the names, telephone numbers, facsimile numbers, and
e-mail addresses of those persons responsible for coordinating deleted text begin localdeleted text end new text begin county social servicesnew text end
agency efforts in the planning process.
(b) Within ten working days of receipt of the notice under paragraph (a), the deleted text begin localdeleted text end new text begin
county social servicesnew text end agency and licensee shall meet to develop the relocation plan.
The deleted text begin localdeleted text end new text begin county social servicesnew text end agency shall inform the Departments of Health and
Human Services, the Office of the Ombudsman for Older Minnesotans, and the Office
of the Ombudsman for Mental Health and Mental Retardation of the date, time, and
location of the meeting so that their representatives may attend. The relocation plan
must be completed within 45 days of receipt of the initial notice. However, the plan may
be finalized on an earlier schedule agreed to by all parties. To the extent practicable,
consistent with requirements to protect the safety and health of residents, the commissioner
may authorize the planning process under this subdivision to occur concurrent with the
60-day notice required under subdivision 5a. The plan shall:
(1) identify the expected date of closure, curtailment, reduction, or change in
operations;
(2) outline the process for public notification of the closure, curtailment, reduction,
or change in operations;
(3) identify efforts that will be made to include other stakeholders in the relocation
process;
(4) outline the process to ensure 60-day advance written notice to residents, family
members, and designated representatives;
(5) present an aggregate description of the resident population remaining to be
relocated and the population's needs;
(6) outline the individual resident assessment process to be utilized;
(7) identify an inventory of available relocation options, including home and
community-based services;
(8) identify a timeline for submission of the list identified in subdivision 5c,
paragraph (b); deleted text begin and
deleted text end
(9) identify a schedule for the timely completion of each element of the plannew text begin ; and
new text end
new text begin (10) identify the steps the licensee and the county social services agency will take to
address the relocation needs of individual residents who may be difficult to place due to
specialized care needs such as behavioral health problemsnew text end .
(c) All parties to the plan shall refrain from any public notification of the intent to
close or curtail, reduce, or change operations until a relocation plan has been established.
If the planning process occurs concurrently with the 60-day notice period, this requirement
does not apply once 60-day notice is given.
Sec. 11.
Minnesota Statutes 2004, section 144A.161, subdivision 4, is amended to read:
Subd. 4.
Responsibilities of licensee for resident relocations.
The licensee shall
provide for the safe, orderly, and appropriate relocation of residents. The licensee and
facility staff shall cooperate with representatives from the deleted text begin localdeleted text end new text begin county social servicesnew text end
agency, the Department of Health, the Department of Human Services, the Office of
Ombudsman for Older Minnesotans, and ombudsman for mental health and mental
retardation in planning for and implementing the relocation of residents.
Sec. 12.
Minnesota Statutes 2004, section 144A.161, subdivision 5, is amended to read:
Subd. 5.
Licensee responsibilities prior to relocation.
(a) The licensee shall
establish an interdisciplinary team responsible for coordinating and implementing the
plan. The interdisciplinary team shall include representatives from the deleted text begin localdeleted text end new text begin county social
servicesnew text end agency, the Office of Ombudsman for Older Minnesotans, facility staff that
provide direct care services to the residents, and facility administration.
(b) The licensee shall provide a deleted text begin listdeleted text end new text begin summary documentnew text end to the deleted text begin localdeleted text end new text begin county social
servicesnew text end agency that includes the following information on each resident to be relocated:
(1) name;
(2) date of birth;
(3) Social Security number;
(4) new text begin payment source and new text end medical assistance identification numbernew text begin , if applicablenew text end ;
new text begin
(5) county of financial responsibility;
new text end
new text begin
(6) date of admission to the facility;
new text end
deleted text begin (5)deleted text end new text begin (7)new text end all diagnoses; deleted text begin and
deleted text end
new text begin
(8) the name of and contact information for the resident's physician;
new text end
deleted text begin (6)deleted text end new text begin (9)new text end the name and contact information for the resident's family or other designated
representativenew text begin ;
new text end
new text begin
(10) the names of and contact information for any case managers, if known; and
new text end
new text begin (11) information on the resident's status related to commitment and probationnew text end .
(c) The licensee shall consult with the deleted text begin localdeleted text end new text begin county social servicesnew text end agency on the
availability and development of available resources and on the resident relocation process.
Sec. 13.
Minnesota Statutes 2004, section 144A.161, subdivision 5a, is amended to
read:
Subd. 5a.
Licensee responsibilities to provide notice.
At least 60 days before the
proposed date of closing, curtailment, reduction, or change in operations as agreed to in
the plan, the licensee shall send a written notice of closure or curtailment, reduction, or
change in operations to each resident being relocated, the resident's family member or
designated representative, and the resident's attending physician. The notice must include
the following:
(1) the date of the proposed closure, curtailment, reduction, or change in operations;
(2) the name, address, telephone number, facsimile number, and e-mail address
of the individual or individuals in the facility responsible for providing assistance and
information;
(3) notification of upcoming meetings for residents, families and designated
representatives, and resident and family councils to discuss the relocation of residents;
(4) the name, address, and telephone number of the deleted text begin localdeleted text end new text begin county social servicesnew text end
agency contact person; and
(5) the name, address, and telephone number of the Office of Ombudsman for Older
Minnesotans and the ombudsman for mental health and mental retardation.
The notice must comply with all applicable state and federal requirements for notice
of transfer or discharge of nursing home residents.
Sec. 14.
Minnesota Statutes 2004, section 144A.161, subdivision 5c, is amended to
read:
Subd. 5c.
Licensee responsibility regarding placement information.
(a) The
licensee shall provide sufficient preparation to residents to ensure safe, orderly, and
appropriate discharge and relocation. The licensee shall assist residents in finding
placements that respond to personal preferences, such as desired geographic location.
(b) The licensee shall prepare a resource list with several relocation options for each
resident. The list must contain the following information for each relocation option,
when applicable:
(1) the name, address, and telephone and facsimile numbers of each facility with
appropriate, available beds or services;
(2) the certification level of the available beds;
(3) the types of services available; and
(4) the name, address, and telephone and facsimile numbers of appropriate available
home and community-based placements, services, and settings or other options for
individuals with special needs.
The list shall be made available to residents and their families or designated
representatives, and upon request to the Office of Ombudsman for Older Minnesotans,
the ombudsman for mental health and Mental Retardation, and the deleted text begin localdeleted text end new text begin county social
servicesnew text end agency.
(c) The Senior LinkAge line may make available via a Web site the name, address,
and telephone and facsimile numbers of each facility with available beds, the certification
level of the available beds, the types of services available, and the number of beds that are
available as updated daily by the listed facilities. The licensee must provide residents,
their families or designated representatives, the Office of the Ombudsman for Older
Minnesotans, the Office of the Ombudsman for Mental Health and Mental Retardation,
and the deleted text begin localdeleted text end new text begin county social servicesnew text end agency with the toll-free number and Web site address
for the Senior LinkAge line.
Sec. 15.
Minnesota Statutes 2004, section 144A.161, subdivision 6, is amended to read:
Subd. 6.
Responsibilities of the licensee during relocation.
(a) The licensee
shall make arrangements or provide for the transportation of residents to the new facility
or placement within a 50-mile radius, or within a larger radius if no suitable options
are available within 50 miles. The licensee shall provide a staff person to accompany
the resident during transportation, upon request of the resident, the resident's family, or
designated representative. The discharge and relocation of residents must comply with all
applicable state and federal requirements and must be conducted in a safe, orderly, and
appropriate manner. The licensee must ensure that there is no disruption in providing
meals, medications, or treatments of a resident during the relocation process.
(b) Beginning the week following development of the initial relocation plan, the
licensee shall submit deleted text begin biweeklydeleted text end new text begin weeklynew text end status reports to the commissioners of health and
human services or their designees and to the deleted text begin localdeleted text end new text begin county social servicesnew text end agency. The
initial status report must identify:
(1) the relocation plan developed;
(2) the interdisciplinary team members; and
(3) the number of residents to be relocated.
(c) Subsequent status reports must identify:
(1) any modifications to the plan;
(2) any change of interdisciplinary team members;
(3) the number of residents relocated;
(4) the destination to which residents have been relocated;
(5) the number of residents remaining to be relocated; and
(6) issues or problems encountered during the process and resolution of these issues.
Sec. 16.
Minnesota Statutes 2004, section 144A.161, subdivision 8, is amended to read:
Subd. 8.
Responsibilities of deleted text begin localdeleted text end new text begin county social servicesnew text end agency.
(a) The deleted text begin localdeleted text end
new text begin county social services new text end agency shall participate in the meeting as outlined in subdivision 3,
paragraph (b), to develop a relocation plan.
(b) The deleted text begin localdeleted text end new text begin county social services new text end agency shall designate a representative to
the interdisciplinary team established by the licensee responsible for coordinating the
relocation efforts.
(c) The deleted text begin localdeleted text end new text begin county social services new text end agency shall serve as a resource in the relocation
process.
(d) Concurrent with the notice sent to residents from the licensee as provided in
subdivision 5a, the deleted text begin localdeleted text end new text begin county social services new text end agency shall provide written notice to
residents, family, or designated representatives describing:
(1) the county's role in the relocation process and in the follow-up to relocations;
(2) a deleted text begin localdeleted text end new text begin county social services new text end agency contact name, address, and telephone
number; and
(3) the name, address, and telephone number of the Office of Ombudsman for Older
Minnesotans and the ombudsman for mental health and mental retardation.
(e) The deleted text begin localdeleted text end new text begin county social services new text end agency designee shall meet with appropriate
facility staff to coordinate any assistance in the relocation process. This coordination
shall include participating in group meetings with residents, families, and designated
representatives to explain the relocation process.
(f) The deleted text begin localdeleted text end new text begin county social services new text end agency shall monitor compliance with all
components of the plan. If the licensee is not in compliance, the deleted text begin localdeleted text end new text begin county social
services new text end agency shall notify the commissioners of the Departments of Health and Human
Services.
(g) Except as requested by the resident, family member, or designated representative
and within the parameters of the Vulnerable Adults Act, the deleted text begin localdeleted text end new text begin county social services
new text end agency may halt a relocation that it deems inappropriate or dangerous to the health or
safety of a resident. The deleted text begin localdeleted text end new text begin county social services new text end agency shall pursue remedies to
protect the resident during the relocation process, including, but not limited to, assisting
the resident with filing an appeal of transfer or discharge, notification of all appropriate
licensing boards and agencies, and other remedies available to the county under section
626.557, subdivision 10.
(h) A member of the deleted text begin localdeleted text end new text begin county social services new text end agency staff shall visit residents
relocated within 100 miles of the county within 30 days after the relocation. deleted text begin Localdeleted text end new text begin This
requirement does not apply to changes in operation where the facility moved to a new
location and residents chose to move to that new location. The requirement also does not
apply to residents admitted after the notice of closure and discharged prior to the actual
closure. County social services new text end agency staff shall interview the resident and family or
designated representative, observe the resident on site, and review and discuss pertinent
medical or social records with appropriate facility staff to:
(1) assess the adjustment of the resident to the new placement;
(2) recommend services or methods to meet any special needs of the resident; and
(3) identify residents at risk.
(i) The deleted text begin localdeleted text end new text begin county social servicesnew text end agency may conduct subsequent follow-up visits
in cases where the adjustment of the resident to the new placement is in question.
(j) Within 60 days of the completion of the follow-up visits, the deleted text begin localdeleted text end new text begin county social
servicesnew text end agency shall submit a written summary of the follow-up work to the Departments
of Health and Human Services in a manner approved by the commissioners.
(k) The deleted text begin localdeleted text end new text begin county social servicesnew text end agency shall submit to the Departments of Health
and Human Services a report of any issues that may require further review or monitoring.
(l) The deleted text begin localdeleted text end new text begin county social servicesnew text end agency shall be responsible for the safe and
orderly relocation of residents in cases where an emergent need arises or when the licensee
has abrogated its responsibilities under the plan.
Sec. 17.
Minnesota Statutes 2005 Supplement, section 256B.0918, subdivision 1,
is amended to read:
Subdivision 1.
Program criteria.
Beginning on or after October 1, 2005, within
the limits of appropriations specifically available for this purpose, the commissioner shall
provide funding to qualified provider applicants for employee scholarships for education
in nursing and other health care fields. Employee scholarships must be for a course of
study that is expected to lead to career advancement with the provider or in the field
of long-term care, including home care or care of persons with disabilities, or nursing.
Providers that secure this funding must use it to award scholarships to employees who
work an average of at least 20 hours per week for the provider. new text begin Executive new text end management
staffnew text begin without direct care dutiesnew text end , registered nurses, and therapists are not eligible to receive
scholarships under this section.
Sec. 18.
Minnesota Statutes 2005 Supplement, section 256B.0918, subdivision 3,
is amended to read:
Subd. 3.
Provider selection criteria.
To be considered for scholarship funding,
the provider shall submit a completed application within the time frame specified by the
commissioner. In awarding funding, the commissioner shall consider the following:
(1) the size of the provider as measured in annual billing to the medical assistance
program. To be eligible, a provider must receive at least deleted text begin $500,000deleted text end new text begin $300,000 new text end annually
in medical assistance payments;
(2) the percentage of employees meeting the scholarship program recipient
requirements;
(3) staff retention rates for paraprofessionals; and
(4) other criteria determined by the commissioner.
Sec. 19.
Minnesota Statutes 2005 Supplement, section 256B.0918, subdivision 4,
is amended to read:
Subd. 4.
Funding specifics.
Within the limits of appropriations specifically
available for this purpose, for the rate period beginning on or after October 1, 2005, to
September 30, 2007, the commissioner shall provide to each provider listed in subdivision
2 and awarded funds under subdivision 3 a medical assistance rate increase to fund
scholarships up to deleted text begin two-tenthsdeleted text end new text begin three-tenths new text end percent of the medical assistance reimbursement
rate. The commissioner shall require providers to repay any portion of funds awarded
under subdivision 3 that is not used to fund scholarships. If applications exceed available
funding, funding shall be targeted to providers that employ a higher percentage of
paraprofessional staff or have lower rates of turnover of paraprofessional staff. During
the subsequent years of the program, the rate adjustment may be recalculated, at the
discretion of the commissioner. In making a recalculation the commissioner may consider
the provider's success at granting scholarships based on the amount spent during the
previous year and the availability of appropriations to continue the program.
Sec. 20.
Minnesota Statutes 2004, section 256B.431, is amended by adding a
subdivision to read:
new text begin Subd. 43. new text end
new text begin
Rate increase for facilities in Stearns, Sherburne, and Benton
Counties.
new text end
new text begin
Effective July 1, 2006, operating payment rates of nursing facilities in Stearns,
Sherburne, and Benton Counties that are reimbursed under this section, section 256B.434,
or section 256B.441 shall be increased to be equal, for a RUG's rate with a weight of 1.00,
to the geographic group III median rate for the same RUG's weight. The percentage of
the operating payment rate for each facility to be case-mix adjusted shall be equal to the
percentage that is case-mix adjusted in that facility's June 30, 2006, operating payment
rate. This subdivision shall apply only if it results in a rate increase. Increases provided
by this subdivision shall be added to the rate determined under any new reimbursement
system established under section 256B.440.
new text end
Sec. 21.
Minnesota Statutes 2005 Supplement, section 256B.434, subdivision 4,
is amended to read:
Subd. 4.
Alternate rates for nursing facilities.
(a) For nursing facilities which
have their payment rates determined under this section rather than section 256B.431, the
commissioner shall establish a rate under this subdivision. The nursing facility must enter
into a written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first rate year of a facility's
contract under this section is the payment rate the facility would have received under
section 256B.431.
(c) A nursing facility's case mix payment rates for the second and subsequent years
of a facility's contract under this section are the previous rate year's contract payment
rates plus an inflation adjustment and, for facilities reimbursed under this section or
section 256B.431, an adjustment to include the cost of any increase in Health Department
licensing fees for the facility taking effect on or after July 1, 2001. The index for the
inflation adjustment must be based on the change in the Consumer Price Index-All Items
(United States City average) (CPI-U) forecasted by the commissioner of finance's national
economic consultant, as forecasted in the fourth quarter of the calendar year preceding
the rate year. The inflation adjustment must be based on the 12-month period from the
midpoint of the previous rate year to the midpoint of the rate year for which the rate is
being determined. For the rate years beginning on July 1, 1999, July 1, 2000, July 1, 2001,
July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, and July
1, 2008, this paragraph shall apply only to the property-related payment rate, except
that adjustments to include the cost of any increase in Health Department licensing fees
taking effect on or after July 1, 2001, shall be provided. Beginning in 2005, adjustment to
the property payment rate under this section and section 256B.431 shall be effective on
October 1. In determining the amount of the property-related payment rate adjustment
under this paragraph, the commissioner shall determine the proportion of the facility's
rates that are property-related based on the facility's most recent cost report. deleted text begin Beginning
October 1, 2006, facilities reimbursed under this section shall be allowed to receive a
property rate adjustment for building projects under section 144A.071, subdivision 2.
deleted text end
new text begin
(d) The commissioner shall develop additional incentive-based payments of up to
five percent above a facility's operating payment rate for achieving outcomes specified
in a contract. The commissioner may solicit contract amendments and implement those
which, on a competitive basis, best meet the state's policy objectives. The commissioner
shall limit the amount of any incentive payment and the number of contract amendments
under this paragraph to operate the incentive payments within funds appropriated for this
purpose. The contract amendments may specify various levels of payment for various
levels of performance. Incentive payments to facilities under this paragraph may be in the
form of time-limited rate adjustments or onetime supplemental payments. In establishing
the specified outcomes and related criteria, the commissioner shall consider the following
state policy objectives:
new text end
new text begin
(1) successful diversion or discharge of residents to the residents' prior home or
other community-based alternatives;
new text end
new text begin
(2) adoption of new technology to improve quality or efficiency;
new text end
new text begin
(3) improved quality as measured in the Nursing Home Report Card;
new text end
new text begin
(4) reduced acute care costs; and
new text end
new text begin
(5) any additional outcomes proposed by a nursing facility that the commissioner
finds desirable.
new text end
Sec. 22.
Minnesota Statutes 2004, section 256B.434, is amended by adding a
subdivision to read:
new text begin Subd. 4f. new text end
new text begin Construction project rate adjustments effective October 1, 2006. new text end
new text begin
(a)
Effective October 1, 2006, facilities reimbursed under this section may receive a property
rate adjustment for construction projects exceeding the threshold in section 256B.431,
subdivision 16, and below the threshold in section 144A.071, subdivision 2, clause (a).
For these projects, capital assets purchased shall be counted as construction project costs
for a rate adjustment request made by a facility if they are: (1) purchased within 24
months of the completion of the construction project; (2) purchased after the completion
date of any prior construction project; and (3) are not purchased prior to July 14, 2005.
Except as otherwise provided in this subdivision, the definitions, rate calculation methods,
and principles in sections 144A.071 and 256B.431 and Minnesota Rules, parts 9549.0010
to 9549.0080, shall be used to calculate rate adjustments for allowable construction
projects under this subdivision and section 144A.073. Facilities completing construction
projects between October 1, 2005, and October 1, 2006, are eligible to have a property
rate adjustment effective October 1, 2006. Facilities completing projects after October 1,
2006, are eligible for a property rate adjustment effective on the first day of the month
following the completion date.
new text end
new text begin
(b) Notwithstanding subdivision 18, as of July 14, 2005, facilities with rates set
under section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080, that
commenced a construction project on or after October 1, 2004, and do not have a contract
under subdivision 3 by September 30, 2006, are eligible to request a rate adjustment under
section 256B.431, subdivision 10, through September 30, 2006. If the request results
in the commissioner determining a rate adjustment is allowable, the rate adjustment is
effective on the first of the month following project completion. These facilities shall
be allowed to accumulate construction project costs for the period October 1, 2004, to
September 30, 2006.
new text end
new text begin
(c) Facilities shall be allowed construction project rate adjustments no sooner than
12 months after completing a previous construction project. Facilities must request the
rate adjustment according to section 256B.431, subdivision 10.
new text end
new text begin
(d) Capacity days shall be computed according to Minnesota Rules, part 9549.0060,
subpart 11. For rate calculations under this section, the number of licensed beds in the
nursing facility shall be the number existing after the construction project is completed
and the number of days in the nursing facility's reporting period shall be 365.
new text end
new text begin
(e) The value of assets to be recognized for a total replacement project as defined
in section 256B.431, subdivision 17d, shall be computed as described in clause (1). The
value of assets to be recognized for all other projects shall be computed as described
in clause (2):
new text end
new text begin
(1) Replacement-cost-new limits under section 256B.431, subdivision 17e, and the
number of beds allowed under subdivision 3a, paragraph (c), shall be used to compute the
maximum amount of assets allowable in a facility's property rate calculation. If a facility's
current request for a rate adjustment results from the completion of a construction
project that was previously approved under section 144A.073, the assets to be used in
the rate calculation cannot exceed the lesser of the amount determined under sections
144A.071, subdivision 2, and 144A.073, subdivision 3b, or the actual allowable costs of
the construction project. A current request that is not the result of a project under section
144A.073 cannot exceed the limit under section 144A.071, subdivision 2, paragraph (a).
Applicable credits must be deducted from the cost of the construction project.
new text end
new text begin
(2) (i) Replacement-cost-new limits under section 256B.431, subdivision 17e, and
the number of beds allowed under section 256B.431, subdivision 3a, paragraph (c), shall
be used to compute the maximum amount of assets allowable in a facility's property
rate calculation.
new text end
new text begin
(ii) The value of a facility's assets to be compared to the amount in item (i) begins
with the total appraised value from the last rate notice a facility received when its rates
were set under section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080.
This value shall be indexed by the factor in section 256B.431, subdivision 3f, paragraph
(a), for each rate year the facility received an inflation factor on its property-related rate
when its rates were set under this section. The value of assets listed as previous capital
additions, capital additions, and special projects on the facility's base year rate notice
and the value of assets related to a construction project for which the facility received a
rate adjustment when its rates were determined under this section shall be added to the
indexed appraised value.
new text end
new text begin
(iii) The maximum amount of assets to be recognized in computing a facility's rate
adjustment after a project is completed is the lesser of the aggregate replacement-cost-new
limit computed in (i) minus the assets recognized in (ii) or the actual allowable costs of
the construction project.
new text end
new text begin
(iv) If a facility's current request for a rate adjustment results from the completion of
a construction project that was previously approved under section 144A.073, the assets to
be added to the rate calculation cannot exceed the lesser of the amount determined under
sections 144A.071, subdivision 2, and 144A.073, subdivision 3b, or the actual allowable
costs of the construction project. A current request that is not the result of a project under
section 144A.073 cannot exceed the limit stated in section 144A.071, subdivision 2,
paragraph (a). Assets disposed of as a result of a construction project and applicable
credits must be deducted from the cost of the construction project.
new text end
new text begin
(f) For construction projects approved under section 144A.073, allowable debt
may never exceed the lesser of the cost of the assets purchased, the threshold limit in
section 144A.071, subdivision 2, or the replacement-cost-new limit less previously
existing capital debt.
new text end
new text begin
(g) For construction projects that were not approved under section 144A.073,
allowable debt is limited to the lesser of the threshold in section 144A.071, subdivision 2,
for such construction projects or the applicable limit in paragraph (e), clause (1) or (2),
less previously existing capital debt. Amounts of debt taken out that exceed the costs of a
construction project shall not be allowed regardless of the use of the funds.
new text end
new text begin
For all construction projects being recognized, interest expense and average debt
shall be computed based on the first 12 months following project completion. "Previously
existing capital debt" means capital debt recognized on the last rate determined under
section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080, and the amount of
debt recognized for a construction project for which the facility received a rate adjustment
when its rates were determined under this section.
new text end
new text begin
For a total replacement project as defined in section 256B.431, subdivision 17d, the
value of previously existing capital debt shall be zero.
new text end
new text begin
(h) In addition to the interest expense allowed from the application of paragraph (f),
the amounts allowed under section 256B.431, subdivision 17a, paragraph (a), clauses (2)
and (3), will be added to interest expense.
new text end
new text begin
(i) The equity portion of the construction project shall be computed as the allowable
assets in paragraph (e), less the average debt in paragraph (f). The equity portion must
be multiplied by 5.66 percent and the allowable interest expense in paragraph (f) must
be added. This sum must be divided by 95 percent of capacity days to compute the
construction project rate adjustment.
new text end
new text begin
(j) For projects that are not a total replacement of a nursing facility, the amount in
paragraph (i) is adjusted for nonreimbursable areas and then added to the current property
payment rate of the facility.
new text end
new text begin
(k) For projects that are a total replacement of a nursing facility, the amount
in paragraph (i) becomes the new property payment rate after being adjusted for
nonreimbursable areas. Any amounts existing in a facility's rate before the effective date
of the construction project for equity incentives under section 256B.431, subdivision 16;
capital repairs and replacements under section 256B.431, subdivision 15; or refinancing
incentives under section 256B.431, subdivision 19, shall be removed from the facility's
rates.
new text end
new text begin
(l) No additional equipment allowance is allowed under Minnesota Rules, part
9549.0060, subpart 10, as the result of construction projects under this section. Allowable
equipment shall be included in the construction project costs.
new text end
new text begin
(m) Capital assets purchased after the completion date of a construction project shall
be counted as construction project costs for any future rate adjustment request made by a
facility under section 144A.071, subdivision 2, clause (a), if they are purchased within 24
months of the completion of the future construction project.
new text end
new text begin
(n) In subsequent rate years, the property payment rate for a facility that results from
the application of this subdivision shall be the amount inflated in subdivision 4.
new text end
new text begin
(o) Construction projects are eligible for an equity incentive under section 256B.431,
subdivision 16. When computing the equity incentive for a construction project under this
subdivision, only the allowable costs and allowable debt related to the construction project
shall be used. The equity incentive shall not be a part of the property payment rate and not
inflated under subdivision 4. Effective October 1, 2006, all equity incentives for nursing
facilities reimbursed under this section shall be allowed for a duration determined under
section 256B.431, subdivision 16, paragraph (c).
new text end
Sec. 23.
Minnesota Statutes 2004, section 256B.434, is amended by adding a
subdivision to read:
new text begin Subd. 4g. new text end
new text begin
Facility rate increase effective October 1, 2007; Otter Tail County.
new text end
new text begin
For the rate year beginning October 1, 2007, a nursing facility in Otter Tail County
that was licensed for 57 beds as of December 31, 2004, shall receive a rate increase to
increase its operating rate to the 60th percentile of the operating rates of all other Otter
Tail County nursing facilities. The commissioner shall determine the 60th percentile of
the case mix portion of the operating rates with a RUGS weight of 1.0 of all other Otter
Tail County nursing facilities and then apply the case mix weights. The 60th percentile of
the other operating per diem for all other Otter Tail County nursing facilities will be added
to the above-determined case mix rates to compute the operating payment rates. The
nonoperating components of the facility's rates will not be adjusted under this subdivision.
new text end
Sec. 24.
Minnesota Statutes 2004, section 256B.434, is amended by adding a
subdivision to read:
new text begin Subd. 4h. new text end
new text begin
Nursing facility rate increase effective October 1, 2007; Martin
County.
new text end
new text begin
For the rate year beginning October 1, 2007, the commissioner shall provide to a
nursing facility in Martin County licensed for 93 beds as of January 1, 2006, an increase in
the total operating payment rate of $5 per resident day for all case mix classes.
new text end
Sec. 25.
Minnesota Statutes 2004, section 256B.437, subdivision 3, is amended to read:
Subd. 3.
Applications for planned closure of nursing facilities.
(a) By August
15, 2001, the commissioner of human services shall implement and announce a program
for closure or partial closure of nursing facilities. Names and identifying information
provided in response to the announcement shall remain private unless approved, according
to the timelines established in the plan. The announcement must specify:
(1) the criteria in subdivision 4 that will be used by the commissioner to approve or
reject applications;
(2) the information that must accompany an application; and
(3) that applications may combine planned closure rate adjustments with moratorium
exception funding, in which case a single application may serve both purposes.
Between August 1, 2001, and June 30, 2003, the commissioner may approve planned
closures of up to 5,140 nursing facility beds, less the number of beds delicensed in
facilities during the same time period without approved closure plans or that have notified
the commissioner of health of their intent to close without an approved closure plan.
Beginning July 1, 2004, the commissioner may negotiate a planned closure new text begin rate adjustment
new text end for nursing facilities providing the proposalnew text begin , cumulatively, with other proposals that have
been approved,new text end has no cost to the state.new text begin For planned closure rate adjustments negotiated
after March 1, 2006, the limit of $2,080 in subdivision 6, paragraph (a), clause (1), shall
not apply. The removal of the limit in subdivision 6, paragraph (a), clause (1), shall not
constitute an increase to the amount specified in subdivision 6, paragraph (a), clause (1),
for the purposes of subdivision 6, paragraph (f).
new text end
(b) A facility or facilities reimbursed under section 256B.431 or 256B.434 with a
closure plan approved by the commissioner under subdivision 5 may assign a planned
closure rate adjustment to another facility or facilities that are not closing or in the case of
a partial closure, to the facility undertaking the partial closure. A facility may also elect to
have a planned closure rate adjustment shared equally by the five nursing facilities with
the lowest total operating payment rates in the state development region designated under
section 462.385, in which the facility that is closing is located. The planned closure
rate adjustment must be calculated under subdivision 6. Facilities that delicense beds
without a closure plan, or whose closure plan is not approved by the commissioner, are not
eligible to assign a planned closure rate adjustment under subdivision 6, unless they are
delicensing five or fewer beds, or less than six percent of their total licensed bed capacity,
whichever is greater, are located in a county in the top three quartiles of beds per 1,000
persons aged 65 or older, and have not delicensed beds in the prior three months. Facilities
meeting these criteria are eligible to assign the amount calculated under subdivision 6 to
themselves. If a facility is delicensing the greater of six or more beds, or six percent or
more of its total licensed bed capacity, and does not have an approved closure plan or is
not eligible for the adjustment under subdivision 6, the commissioner shall calculate the
amount the facility would have been eligible to assign under subdivision 6, and shall use
this amount to provide equal rate adjustments to the five nursing facilities with the lowest
total operating payment rates in the state development region designated under section
462.385, in which the facility that delicensed beds is located.
(c) To be considered for approval, an application must include:
(1) a description of the proposed closure plan, which must include identification of
the facility or facilities to receive a planned closure rate adjustment;
(2) the proposed timetable for any proposed closure, including the proposed dates
for announcement to residents, commencement of closure, and completion of closure;
(3) if available, the proposed relocation plan for current residents of any facility
designated for closure. If a relocation plan is not available, the application must include a
statement agreeing to develop a relocation plan designed to comply with section 144A.161;
(4) a description of the relationship between the nursing facility that is proposed for
closure and the nursing facility or facilities proposed to receive the planned closure rate
adjustment. If these facilities are not under common ownership, copies of any contracts,
purchase agreements, or other documents establishing a relationship or proposed
relationship must be provided;
(5) documentation, in a format approved by the commissioner, that all the nursing
facilities receiving a planned closure rate adjustment under the plan have accepted joint
and several liability for recovery of overpayments under section 256B.0641, subdivision
2, for the facilities designated for closure under the plan; and
(6) an explanation of how the application coordinates with planning efforts under
subdivision 2. If the planning group does not support a level of nursing facility closures
that the commissioner considers to be reasonable, the commissioner may approve a
planned closure proposal without its support.
(d) The application must address the criteria listed in subdivision 4.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 1, 2006.
new text end
Sec. 26.
Minnesota Statutes 2004, section 256B.438, subdivision 4, is amended to read:
Subd. 4.
Resident assessment schedule.
(a) Nursing facilities shall conduct and
submit case mix assessments according to the schedule established by the commissioner
of health under section 144.0724, subdivisions 4 and 5.
(b) The resident reimbursement classifications established under section 144.0724,
subdivision 3, shall be effective the day of admission for new admission assessments. The
effective date for significant change assessments shall be the assessment reference date.
The effective date for annual and deleted text begin seconddeleted text end quarterly assessments shall be the first day of the
month following assessment reference date.
new text begin
(c) Effective October 1, 2006, the commissioner shall rebase payment rates
to account for the change in the resident assessment schedule in section 144.0724,
subdivision 4, paragraph (b), clause (4), in a facility specific budget neutral manner,
according to subdivision 7, paragraph (b).
new text end
Sec. 27.
Minnesota Statutes 2005 Supplement, section 256B.5012, subdivision 6,
is amended to read:
Subd. 6.
ICF/MR rate increases October 1, 2005, and October 1, 2006.
(a) For
the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall
make available to each facility reimbursed under this section an adjustment to the total
operating payment rate of 2.2553 percent.
(b) 75 percent of the money resulting from the rate adjustment under paragraph (a)
must be used to increase wages and benefits and pay associated costs for deleted text begin alldeleted text end employees,
except for administrative and central office employees. 75 percent of the money received
by a facility as a result of the rate adjustment provided in paragraph (a) must be used only
for wage, benefit, and staff increases implemented on or after the effective date of the rate
increase each year, and must not be used for increases implemented prior to that date.new text begin The
wage adjustment eligible employees may receive may vary based on merit, seniority, or
other factors determined by the provider.
new text end
(c) For each facility, the commissioner shall make available an adjustmentnew text begin , based
on occupied beds, new text end using the percentage specified in paragraph (a) multiplied by the total
payment rate, new text begin including variable rate but new text end excluding the property-related payment rate, in
effect on the preceding day. The total payment rate shall include the adjustment provided
in section 256B.501, subdivision 12.
(d) A facility whose payment rates are governed by closure agreements, receivership
agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment
otherwise granted under this subdivision.
(e) A facility may apply for the portion of the payment rate adjustment provided
under paragraph (a) for employee wages and benefits and associated costs. The application
must be made to the commissioner and contain a plan by which the facility will distribute
the funds according to paragraph (b). For facilities in which the employees are represented
by an exclusive bargaining representative, an agreement negotiated and agreed to by the
employer and the exclusive bargaining representative constitutes the plan. A negotiated
agreement may constitute the plan only if the agreement is finalized after the date of
enactment of all rate increases for the rate year. The commissioner shall review the plan to
ensure that the payment rate adjustment per diem is used as provided in this subdivision.
To be eligible, a facility must submit its plan by March 31, 2006, and December 31,
2006, respectively. If a facility's plan is effective for its employees after the first day of
the applicable rate period that the funds are available, the payment rate adjustment per
diem is effective the same date as its plan.
(f) A copy of the approved distribution plan must be made available to all employees
by giving each employee a copy or by posting it in an area of the facility to which all
employees have access. If an employee does not receive the wage and benefit adjustment
described in the facility's approved plan and is unable to resolve the problem with the
facility's management or through the employee's union representative, the employee
may contact the commissioner at an address or telephone number provided by the
commissioner and included in the approved plan.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 28.
Minnesota Statutes 2004, section 256B.69, subdivision 9, is amended to read:
Subd. 9.
Reporting.
new text begin (a) new text end Each demonstration provider shall submit information as
required by the commissioner, including data required for assessing client satisfaction,
quality of care, cost, and utilization of services for purposes of project evaluation. The
commissioner shall also develop methods of data new text begin reporting and new text end collection deleted text begin from county
advocacy activitiesdeleted text end in order to provide aggregate enrollee information on encounters
and outcomes to determine access and quality assurance. Required information shall be
specified before the commissioner contracts with a demonstration provider.
new text begin
(b) Aggregate nonpersonally identifiable health plan encounter data, aggregate
spending data for major categories of service as reported to the commissioners of
health and commerce under section 62D.08, subdivision 3, clause (a), and criteria for
service authorization and service use are public data that the commissioner shall make
available and use in public reports. The commissioner shall require each health plan and
county-based purchasing plan to provide:
new text end
new text begin
(1) encounter data for each service provided, using standard codes and unit of
service definitions set by the commissioner, in a form that the commissioner can report by
age, eligibility groups, and health plan; and
new text end
new text begin
(2) criteria, written policies, and procedures required to be disclosed under section
62M.10, subdivision 7, and Code of Federal Regulations, title 42, part 438.210(b)(1), used
for each type of service for which authorization is required.
new text end
Sec. 29.
Minnesota Statutes 2005 Supplement, section 256B.69, subdivision 23,
is amended to read:
Subd. 23.
Alternative services; elderly and disabled persons.
(a) The
commissioner may implement demonstration projects to create alternative integrated
delivery systems for acute and long-term care services to elderly persons and persons
with disabilities as defined in section 256B.77, subdivision 7a, that provide increased
coordination, improve access to quality services, and mitigate future cost increases.
The commissioner may seek federal authority to combine Medicare and Medicaid
capitation payments for the purpose of such demonstrationsnew text begin and may contract with
Medicare-approved special needs plans to provide Medicaid servicesnew text end . Medicare funds
and services shall be administered according to the terms and conditions of the federal
deleted text begin waiverdeleted text end new text begin contractnew text end and demonstration provisions. For the purpose of administering medical
assistance funds, demonstrations under this subdivision are subject to subdivisions 1 to
22. The provisions of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these
demonstrations, with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457,
subpart 1, items B and C, which do not apply to persons enrolling in demonstrations
under this section. An initial open enrollment period may be provided. Persons who
disenroll from demonstrations under this subdivision remain subject to Minnesota Rules,
parts 9500.1450 to 9500.1464. When a person is enrolled in a health plan under these
demonstrations and the health plan's participation is subsequently terminated for any
reason, the person shall be provided an opportunity to select a new health plan and shall
have the right to change health plans within the first 60 days of enrollment in the second
health plan. Persons required to participate in health plans under this section who fail
to make a choice of health plan shall not be randomly assigned to health plans under
these demonstrations. Notwithstanding section 256L.12, subdivision 5, and Minnesota
Rules, part 9505.5220, subpart 1, item A, if adopted, for the purpose of demonstrations
under this subdivision, the commissioner may contract with managed care organizations,
including counties, to serve only elderly persons eligible for medical assistance, elderly
and disabled persons, or disabled persons only. For persons with primary diagnoses of
mental retardation or a related condition, serious and persistent mental illness, or serious
emotional disturbance, the commissioner must ensure that the county authority has
approved the demonstration and contracting design. Enrollment in these projects for
persons with disabilities shall be voluntary. The commissioner shall not implement any
demonstration project under this subdivision for persons with primary diagnoses of
mental retardation or a related condition, serious and persistent mental illness, or serious
emotional disturbance, without approval of the county board of the county in which the
demonstration is being implemented.
(b) Notwithstanding chapter 245B, sections 252.40 to 252.46, 256B.092, 256B.501
to 256B.5015, and Minnesota Rules, parts 9525.0004 to 9525.0036, 9525.1200 to
9525.1330, 9525.1580, and 9525.1800 to 9525.1930, the commissioner may implement
under this section projects for persons with developmental disabilities. The commissioner
may capitate payments for ICF/MR services, waivered services for mental retardation or
related conditions, including case management services, day training and habilitation and
alternative active treatment services, and other services as approved by the state and by the
federal government. Case management and active treatment must be individualized and
developed in accordance with a person-centered plan. Costs under these projects may not
exceed costs that would have been incurred under fee-for-service. Beginning July 1, 2003,
and until two years after the pilot project implementation date, subcontractor participation
in the long-term care developmental disability pilot is limited to a nonprofit long-term
care system providing ICF/MR services, home and community-based waiver services,
and in-home services to no more than 120 consumers with developmental disabilities in
Carver, Hennepin, and Scott Counties. The commissioner shall report to the legislature
prior to expansion of the developmental disability pilot project. This paragraph expires
two years after the implementation date of the pilot project.
(c) Before implementation of a demonstration project for disabled persons, the
commissioner must provide information to appropriate committees of the house of
representatives and senate and must involve representatives of affected disability groups
in the design of the demonstration projects.
(d) A nursing facility reimbursed under the alternative reimbursement methodology
in section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity
provide services under paragraph (a). The commissioner shall amend the state plan and
seek any federal waivers necessary to implement this paragraph.
(e) The commissioner, in consultation with the commissioners of commerce and
health, may approve and implement programs for all-inclusive care for the elderly (PACE)
according to federal laws and regulations governing that program and state laws or rules
applicable to participating providers. The process for approval of these programs shall
begin only after the commissioner receives grant money in an amount sufficient to cover
the state share of the administrative and actuarial costs to implement the programs during
state fiscal years 2006 and 2007. Grant amounts for this purpose shall be deposited in an
account in the special revenue fund and are appropriated to the commissioner to be used
solely for the purpose of PACE administrative and actuarial costs. A PACE provider is
not required to be licensed or certified as a health plan company as defined in section
62Q.01, subdivision 4. Persons age 55 and older who have been screened by the county
and found to be eligible for services under the elderly waiver or community alternatives
for disabled individuals or who are already eligible for Medicaid but meet level of
care criteria for receipt of waiver services may choose to enroll in the PACE program.
Medicare and Medicaid services will be provided according to this subdivision and
federal Medicare and Medicaid requirements governing PACE providers and programs.
PACE enrollees will receive Medicaid home and community-based services through the
PACE provider as an alternative to services for which they would otherwise be eligible
through home and community-based waiver programs and Medicaid State Plan Services.
The commissioner shall establish Medicaid rates for PACE providers that do not exceed
costs that would have been incurred under fee-for-service or other relevant managed care
programs operated by the state.
(f) The commissioner shall seek federal approval to expand the Minnesota disability
health options (MnDHO) program established under this subdivision in stages, first to
regional population centers outside the seven-county metro area and then to all areas
of the state.new text begin Until January 1, 2008, expansion for MnDHO projects that include home
and community-based services is limited to the two projects and service areas in effect
on March 1, 2006. Enrollment in integrated MnDHO programs that include home and
community-based services shall remain voluntary. Costs for home and community-based
services included under MnDHO must not exceed costs that would have been incurred
under the fee-for-service program. In developing program specifications for expansion of
integrated programs, the commissioner shall involve and consult the state-level stakeholder
group established in subdivision 28, paragraph (d), including consultation on whether and
how to include home and community-based waiver programs. Plans for further expansion
of MnDHO projects shall be presented to the chairs of the house and senate committees
with jurisdiction over health and human services policy and finance by February 1, 2007.
new text end
(g) Notwithstanding section 256B.0261, health plans providing services under this
section are responsible for home care targeted case management and relocation targeted
case management. Services must be provided according to the terms of the waivers and
contracts approved by the federal government.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 30.
Minnesota Statutes 2004, section 256B.69, is amended by adding a
subdivision to read:
new text begin Subd. 28. new text end
new text begin
Medicare special needs plans and medical assistance basic health
care for persons with disabilities.
new text end
new text begin
(a) The commissioner may contract with qualified
Medicare-approved special needs plans to provide medical assistance basic health care
services to persons with disabilities, including those with developmental disabilities.
Basic health care services include:
new text end
new text begin
(1) those services covered by the medical assistance state plan except for ICF/MR
services, home and community-based waiver services, case management for persons with
developmental disabilities under section 256B.0625, subdivision 20a, and personal care
and certain home care services defined by the commissioner in consultation with the
stakeholder group established under paragraph (d); and
new text end
new text begin
(2) basic health care services may also include risk for up to 100 days of nursing
facility services for persons who reside in a noninstitutional setting and home health
services related to rehabilitation as defined by the commissioner after consultation with
the stakeholder group.
new text end
new text begin
The commissioner may exclude other medical assistance services from the basic
health care benefit set. Enrollees in these plans can access any excluded services on the
same basis as other medical assistance recipients who have not enrolled.
new text end
new text begin
Unless a person is otherwise required to enroll in managed care, enrollment in these
plans for Medicaid services must be voluntary. For purposes of this subdivision, automatic
enrollment with an option to opt out is not voluntary enrollment.
new text end
new text begin
(b) Beginning January 1, 2007, the commissioner may contract with qualified
Medicare special needs plans to provide basic health care services under medical
assistance to persons who are dually eligible for both Medicare and Medicaid and those
Social Security beneficiaries eligible for Medicaid but in the waiting period for Medicare.
The commissioner shall consult with the stakeholder group under paragraph (d) in
developing program specifications for these services. The commissioner shall report to
the chairs of the house and senate committees with jurisdiction over health and human
services policy and finance by February 1, 2007, on implementation of these programs and
the need for increased funding for the ombudsman for managed care and other consumer
assistance and protections needed due to enrollment in managed care of persons with
disabilities. Payment for Medicaid services provided under this subdivision for the months
of May and June will be made no earlier than July 1 of the same calendar year.
new text end
new text begin
(c) Beginning January 1, 2008, the commissioner may expand contracting under this
subdivision to all persons with disabilities not otherwise required to enroll in managed
care.
new text end
new text begin
(d) The commissioner shall establish a state-level stakeholder group to provide
advice on managed care programs for persons with disabilities, including both MnDHO
and contracts with special needs plans that provide basic health care services as described
in paragraphs (a) and (b). The stakeholder group shall provide advice on program
expansions under this subdivision and subdivision 23, including:
new text end
new text begin
(1) implementation efforts;
new text end
new text begin
(2) consumer protections; and
new text end
new text begin
(3) program specifications such as quality assurance measures, data collection and
reporting, and evaluation of costs, quality, and results.
new text end
new text begin
(e) Each plan under contract to provide medical assistance basic health care services
shall establish a local or regional stakeholder group, including representatives of the
counties covered by the plan, members, consumer advocates, and providers, for advice on
issues that arise in the local or regional area.
new text end
Sec. 31.
Laws 2005, First Special Session chapter 4, article 7, section 55, is amended
to read:
Sec. 55. COMMUNITY SERVICES PROVIDER RATE INCREASES
(a) The commissioner of human services shall increase reimbursement rates or
rate limits, as applicable, by 2.2553 percent for the rate period beginning October 1,
2005, and the rate period beginning October 1, 2006, effective for services rendered on
or after those dates.
(b) The 2.2553 percent annual rate increase described in this section must be
provided to:
(1) home and community-based waivered services for persons with mental
retardation or related conditionsnew text begin , including consumer directed community supports, new text end under
Minnesota Statutes, section 256B.501;
(2) home and community-based waivered services for the elderly under Minnesota
Statutes, section 256B.0915;
(3) waivered services under community alternatives for disabled individuals under
Minnesota Statutes, section 256B.49;
(4) community alternative care waivered servicesnew text begin , including consumer directed
community supports, new text end under Minnesota Statutes, section 256B.49;
(5) traumatic brain injury waivered servicesnew text begin , including consumer directed
community supports, new text end under Minnesota Statutes, section 256B.49;
(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
(7) personal care services and nursing supervision of personal care services under
Minnesota Statutes, section 256B.0625, subdivision 19a;
(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
(9) day training and habilitation services for adults with mental retardation or related
conditions under Minnesota Statutes, sections 252.40 to 252.46;
(10) alternative care services under Minnesota Statutes, section 256B.0913;
(11) adult residential program grants under Minnesota Rules, parts 9535.2000 to
9535.3000;
(12) adult and family community support grants under Minnesota Rules, parts
9535.1700 to 9535.1760;
(13) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;
(14) adult mental health integrated fund grants under Minnesota Statutes, section
245.4661;
(15) semi-independent living services under Minnesota Statutes, section 252.275,
including SILS funding under county social services grants formerly funded under
Minnesota Statutes, chapter 256I;
(16) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication;
(17) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living;
(18) physical therapy services under sections 256B.0625, subdivision 8, and
256D.03, subdivision 4;
(19) occupational therapy services under sections 256B.0625, subdivision 8a, and
256D.03, subdivision 4;
(20) speech-language therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0390; and
(21) respiratory therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0295.
new text begin (c) For services funded through Minnesota disability health options, the rate increase
under this section shall apply to all medical assistance payments, including former group
residential housing supplementary rates under Minnesota Statutes, chapter 256I.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Providers that receive a rate increase under this section shall use 75 percent
of the additional revenue to increase wages and benefits and pay associated costs for deleted text begin alldeleted text end
employees, except for management fees, the administrator, and central office staffs.new text begin The
wage adjustment eligible employees may receive may vary based on merit, seniority, or
other factors determined by the provider.new text end
deleted text begin (d)deleted text end new text begin (e)new text end For public employees, the increase for wages and benefits for certain staff is
available and pay rates shall be increased only to the extent that they comply with laws
governing public employees collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.
deleted text begin (e)deleted text end new text begin (f) new text end A copy of the provider's plan for complying with paragraph deleted text begin (c)deleted text end new text begin (d)new text end must be
made available to all employees by giving each employee a copy or by posting a copy in
an area of the provider's operation to which all employees have access. If an employee
does not receive the adjustment, if any, described in the plan and is unable to resolve the
problem with the provider, the employee may contact the employee's union representative.
If the employee is not covered by a collective bargaining agreement, the employee may
contact the commissioner at a telephone number provided by the commissioner and
included in the provider's plan.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 32.
Laws 2005, First Special Session chapter 4, article 9, section 5, subdivision 8,
is amended to read:
Subd. 8.Board of Nursing
|
3,078,000 |
3,631,000 |
||||
BASE ADJUSTMENT. The base for the
board of nursing is increased by $141,000
in fiscal year 2008 and by $216,000 in fiscal
year 2009.
BOARD OF NURSING
APPROPRIATIONS INCREASE. Of
this appropriation, $120,000 the first year
and $126,000 the second year are for the
increased cost of board operations, excluding
salary increases and $85,000 each year is to
hire an advanced practice registered nurse.
TRANSFERS FROM SPECIAL
REVENUE FUND. Of this appropriation,
the following transfers shall be made as
directed from the state government special
revenue fund:
(a) $392,000 in fiscal year 2006, $864,000
in fiscal year 2007, $930,000 in fiscal year
2008, and $930,000 in fiscal year 2009
shall be transferred to the general fund
and is appropriated to the Department
of Human Services to offset the state
share of the medical assistance program
costs of the long-term care and home and
community-based care employee scholarship
program and associated administrative costs.
At the end of each biennium, any funds
not expended for the scholarship program
and associated administrative costs shall
be deleted text begin transferred to the state government
special revenue funddeleted text end new text begin carried over to the
next biennium for the same purposenew text end .
Notwithstanding section 15, this paragraph
expires June 30, deleted text begin 2009deleted text end new text begin 2011new text end .
(b) $125,000 the first year and $200,000 the
second year shall be transferred to the health
professional education loan forgiveness
program account for loan forgiveness
for nurses under Minnesota Statutes,
section 144.1501. This appropriation shall
become part of base level funding for the
commissioner for the biennium beginning
July 1, 2007, but shall not be part of base
level funding for the biennium beginning
July 1, 2009. Notwithstanding section 15,
this paragraph expires on June 30, 2009.
Sec. 33. new text begin STAKEHOLDER PARTICIPATION.
new text end
new text begin
The commissioner of human services shall confer with one or more stakeholder
groups of interested persons, including representatives of recipients, advocacy groups,
counties, providers, and health plans to provide information and advice on the development
of any substantial proposals for changes in the medical assistance program authorized by
the federal Deficit Reduction Act of 2005, Public Law 109-171. In addition, for any
substantial Deficit Reduction Act-related medical assistance change that affects recipients
and that is proposed outside of the legislative or rulemaking process, the commissioner
shall convene a stakeholder meeting and provide a 30-day comment period before the
change becomes effective. If the time frame required to comply with a federal mandate
precludes the 30-day advance notice, notice shall be given to the stakeholder group as
soon as possible.
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. 34. new text begin ICF/MR PLAN.
new text end
new text begin
The commissioner of human services shall consult with ICF/MR providers,
advocates, counties, and consumer families to develop a stakeholder plan and legislation
concerning the future services provided to people served in ICFs/MR. The plan shall be
reported to the house and senate committees with jurisdiction over health and human
services policy and finance issues by December 15, 2008. In preparing the plan, the
commissioner shall consider:
new text end
new text begin
(1) consumer choice of services;
new text end
new text begin
(2) consumers' service needs, including, but not limited to, active treatment;
new text end
new text begin
(3) the total cost of providing services in ICFs/MR and alternative delivery systems
for individuals currently residing in ICFs/MR;
new text end
new text begin
(4) the impact of the payment shift to counties for ICFs/MR with more than six beds;
new text end
new text begin
(5) whether it is the policy of the state to maintain an ICF/MR system and, if so,
the plan shall:
new text end
new text begin
(i) define the purpose, types of services, and intended recipients of ICF/MR services;
new text end
new text begin
(ii) define the capacity needed to maintain ICF/MR services for designated
populations;
new text end
new text begin
(iii) evaluate incentives for counties to maintain ICF/MR services;
new text end
new text begin
(iv) ensure that mechanisms are provided to adequately fund the transition to the
defined services, maintain the designated capacity, and are adjustable to meet increased
service demands; and
new text end
new text begin
(v) address the extent to which there is consensus among stakeholders; and
new text end
new text begin
(6) if alternative services are recommended to support the people now receiving
services in an ICF/MR, the plan shall provide for transition planning and ensure adequate
state and federal financial resources are available to meet the needs of ICF/MR recipients.
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. 35. new text begin ADDITIONAL WAIVER ALLOCATIONS.
new text end
new text begin
Notwithstanding the waiver growth limits in Laws 2005, First Special Session
chapter 4, article 9, section 2, paragraph (d), the commissioner may allocate an additional
waiver allocation under Minnesota Statutes, section 256B.49, for a recipient of personal
care assistant services who is eligible for and chooses waivered services and received
personal care assistant services from a provider who was billing for a service delivery
model for that recipient other than individual or shared care on March 1, 2006.
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. 36. new text begin REPORT ON NEW CASE MIX INDICES.
new text end
new text begin
The commissioner of human services shall report to the legislature by December 15,
2006, recommendations on the weighting and implementation of case mix indices.
new text end
Sec. 37. new text begin REPAYMENT DELAY.
new text end
new text begin
A county that overspent its allowed amounts in calendar year 2004 or 2005 under
the waivered services program for persons with developmental disabilities shall not be
required to pay back the amount of overspending until May 31, 2007.
new text end
ARTICLE 21
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. new text begin DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT
|
new text begin
The dollar amounts shown are added to or, if shown in parentheses, are subtracted
from the appropriations in Laws 2005, First Special Session chapter 4, and are
appropriated from the general fund, or any other fund named, to the Department of
Human Services for the purposes specified in this article, to be available for the fiscal year
indicated for each purpose. The figures "2006" and "2007" used in this article means
that the appropriation or appropriations listed are available for the respective fiscal year
ending June 30, 2006 or June 30, 2007.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
|
new text begin
General Fund new text end |
new text begin
$ new text end |
new text begin
(58,333,000) new text end |
new text begin
$ new text end |
new text begin
(17,589,000) new text end |
||
|
new text begin
Health Care Access new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
||||
|
new text begin
TANF new text end |
new text begin
(13,807,000) new text end |
new text begin
(3,866,000) new text end |
||||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
(116,651,000) new text end |
new text begin
$ new text end |
new text begin
(83,815,000) new text end |
||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(116,651,000) new text end |
new text begin
$ new text end |
new text begin
(83,815,000) new text end |
||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
(58,333,000) new text end |
new text begin
(17,589,000) new text end |
|
new text begin
Health Care Access new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
|
new text begin
TANF new text end |
new text begin
(13,807,000) new text end |
new text begin
(3,866,000) new text end |
new text begin Subd. 2. new text endRevenue and Pass-Through
|
||||||
|
new text begin
TANF new text end |
new text begin
(1,446,000) new text end |
new text begin
(1,177,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
General new text end |
new text begin
(4,469,000) new text end |
new text begin
1,785,000 new text end |
||||
|
new text begin
TANF new text end |
new text begin
(12,361,000) new text end |
new text begin
(2,689,000) new text end |
||||
new text begin
The amount that may be spent from this
appropriation for each purpose is as follows:
new text end
|
new text begin
(a) Minnesota Family Investment Program new text end |
||||||
|
new text begin
General new text end |
new text begin
6,048,000 new text end |
new text begin
(393,000) new text end |
||||
|
new text begin
TANF new text end |
new text begin
(12,361,000) new text end |
new text begin
(2,689,000) new text end |
||||
|
new text begin
(b) MFIP Child Care Assistance Grants new text end |
||||||
|
new text begin
General Fund new text end |
new text begin
(5,090,000) new text end |
new text begin
2,751,000 new text end |
||||
|
new text begin
(c) General Assistance new text end |
new text begin
2,540,000 new text end |
new text begin
3,947,000 new text end |
||||
|
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
(285,000) new text end |
new text begin
551,000 new text end |
||||
|
new text begin
(e) Group Residential Housing new text end |
new text begin
(7,682,000) new text end |
new text begin
(5,071,000) new text end |
||||
new text begin Subd. 4. new text end
new text begin
Basic Health Care Grants
|
||||||
|
new text begin
General new text end |
new text begin
(19,022,000) new text end |
new text begin
10,499,000 new text end |
||||
|
new text begin
Health Care Access new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
||||
new text begin
The amount that may be spent from this
appropriation for each purpose is as follows:
new text end
|
new text begin
(a) MinnesotaCare new text end |
||||||
|
new text begin
Health Care Access new text end |
new text begin
(44,511,000) new text end |
new text begin
(62,360,000) new text end |
||||
|
new text begin
(b) MA Basic Health Care - Families and Children new text end |
||||||
|
new text begin
General new text end |
new text begin
(29,882,000) new text end |
new text begin
(54,401,000) new text end |
||||
|
new text begin
(c) MA Basic Health Care - Elderly and Disabled new text end |
||||||
|
new text begin
General new text end |
new text begin
(2,857,000) new text end |
new text begin
33,179,000 new text end |
||||
|
new text begin
(d) General Assistance Medical Care new text end |
||||||
|
new text begin
General new text end |
new text begin
13,717,000 new text end |
new text begin
31,721,000 new text end |
||||
new text begin Subd. 5. new text end
new text begin
Continuing Care Grants
|
||||||
|
new text begin
General new text end |
new text begin
(34,842,000) new text end |
new text begin
(29,873,000) new text end |
||||
new text begin
The amount that may be spent from this
appropriation for each purpose is as follows:
new text end
|
new text begin
(a) MA Long-Term Care Waivers new text end |
||||||
|
new text begin
General new text end |
new text begin
(23,368,000) new text end |
new text begin
(35,953,000) new text end |
||||
|
new text begin
(b) MA Long-Term Care Facilities new text end |
||||||
|
new text begin
General new text end |
new text begin
(16,251,000) new text end |
new text begin
(5,202,000) new text end |
||||
|
new text begin
(c) Chemical Dependency Entitlement Grants new text end |
||||||
|
new text begin
General new text end |
new text begin
4,777,000 new text end |
new text begin
11,282,000 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
ARTICLE 22
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "APPROPRIATIONS" are added to or, if
shown in parentheses, subtracted from the appropriations in Laws 2005, First Special
Session chapter 4, article 9, or other law to the agencies and for the purposes specified
in this article. The appropriations are from the general fund or another named fund and
are available for the fiscal years indicated for each purpose. The figures "2006" and
"2007" used in this article mean that the addition to or subtraction from the appropriation
listed under them is available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. "The first year" is fiscal year 2006. "The second year" is fiscal year
2007. "The biennium" is fiscal years 2006 and 2007. Supplementary appropriations and
reductions to appropriations for the fiscal year ending June 30, 2006, are effective the
day following final enactment.
new text end
|
new text begin
SUMMARY BY FUND new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
new text begin
TOTAL new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
30,989,000 new text end |
new text begin
$ new text end |
new text begin
75,663,000 new text end |
new text begin
$ new text end |
new text begin
106,652,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
6,116,000 new text end |
new text begin
6,116,000 new text end |
|||
|
new text begin
Special Revenue new text end |
new text begin
514,000 new text end |
new text begin
762,000 new text end |
new text begin
1,276,000 new text end |
|||
|
new text begin
Federal TANF new text end |
new text begin
7,484,000 new text end |
new text begin
416,000 new text end |
new text begin new text end |
new text begin
7,900,000 new text end |
||
|
new text begin
TOTAL new text end |
new text begin
$ new text end |
new text begin
38,987,000 new text end |
new text begin
$ new text end |
new text begin
82,957,000 new text end |
new text begin
$ new text end |
new text begin
121,944,000 new text end |
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2006 new text end |
new text begin
2007 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
36,025,000 new text end |
new text begin
71,905,000 new text end |
||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
28,541,000 new text end |
new text begin
66,873,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
4,616,000 new text end |
|
new text begin
TANF new text end |
new text begin
7,484,000 new text end |
new text begin
416,000 new text end |
new text begin Subd. 2. new text end
new text begin
Health Care Grants
|
||||||
|
new text begin
(a) MinnesotaCare Grants new text end |
||
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
(1,792,000) new text end |
|
new text begin
(b) Medical Assistance Basic Health Care - Families and Children new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
75,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
3,532,000 new text end |
|
new text begin
(c) Medical Assistance - Elderly and Disabled new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(399,000) new text end |
|
new text begin
(d) General Assistance Medical Care new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
2,108,000 new text end |
new text begin
MEDICAL ASSISTANCE CRITICAL
ACCESS DENTAL PAYMENTS RATES.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes,
section 256B.76, paragraph (c), for dental
services rendered on or after October 1,
2006, to June 30, 2007, under the medical
assistance program, the commissioner shall
increase reimbursement to dentists and dental
clinics deemed by the commissioner to be
critical access providers by 38 percent above
the reimbursement rate that would otherwise
be paid to the provider.
new text end
new text begin
(b) The commissioner shall adjust payments
to health plans for services provided from
January 1, 2007, to June 30, 2007, to reflect
the increase in paragraph (a).
new text end
new text begin
(c) Notwithstanding Minnesota Statutes,
section 295.581, the commissioner of finance
shall reimburse the medical assistance
general fund account from the health care
access fund the amount of medical assistance
expenditures related to paragraphs (a) and
(b), that are in excess of expenditures
under Minnesota Statutes, section 256B.76,
paragraph (c). The amounts reimbursed
under this section are appropriated to the
commissioner.
new text end
new text begin
(d) By February 15, 2007, the commissioner
shall report to the legislature on the results
of higher payments to critical access dental
providers and with recommendations on
funding sources to continue these higher
payments in effect after June 30, 2007.
new text end
new text begin
(e) Notwithstanding any provision to the
contrary in this article, this provision shall
expire June 30, 2008.
new text end
new text begin Subd. 3. new text end
new text begin
Health Care Management
|
||||||
|
new text begin
(a) Health Care Administration new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
1,278,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
336,000 new text end |
new text begin
new text begin HEALTH CARE ADMINISTRATION
BASE LEVEL ADJUSTMENT.new text end
The general fund base for health care
administration shall be decreased by $94,000
for fiscal year 2008 and shall be decreased by
$641,000 for fiscal year 2009.
new text end
new text begin
new text begin HEALTH CARE ADMINISTRATION
BASE LEVEL ADJUSTMENT.new text end The
health care access fund base for health care
administration shall be decreased by $35,000
for fiscal year 2008 and shall be decreased by
$336,000 for fiscal year 2009.
new text end
|
new text begin
(b) Health Care Operations new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
28,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
1,092,000 new text end |
new text begin
new text begin HEALTH CARE OPERATIONS BASE
LEVEL ADJUSTMENT.new text end The general fund
base for health care operations shall be
decreased by $4,000 for fiscal year 2008 and
shall be increased by $66,000 for fiscal year
2009.
new text end
new text begin
new text begin HEALTH CARE OPERATIONS BASE
LEVEL ADJUSTMENT.new text end The health care
access fund base for health care operations
shall be decreased by $662,000 for fiscal year
2008 and shall be decreased by $662,000 for
fiscal year 2009.
new text end
new text begin Subd. 4. new text end
new text begin
Continuing Care Grants
|
||||||
|
new text begin
(a) Alternative Care Grants new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
1,669,000 new text end |
new text begin
new text begin ALTERNATIVE CARE GRANTS BASE
LEVEL ADJUSTMENT.new text end The general fund
base for alternative care grants shall be
decreased by $869,000 for fiscal year 2008
and shall be decreased by $1,252,000 for
fiscal year 2009.
new text end
new text begin
new text begin MEDICARE PART D INFORMATION
AND ASSISTANCE REIMBURSEMENT.new text end
Federal administrative reimbursement
obtained from information and assistance
services provided by the Senior Linkage or
Disability Linkage lines to people who are
identified as eligible for medical assistance
shall be appropriated to the commissioner
for this activity.
new text end
|
new text begin
(b) Medical Assistance Long-term Care Facilities new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
228,000 new text end |
new text begin
new text begin TEMPORARY RATE INCREASE.new text end
$30,000 in fiscal year 2007 is for a temporary
rate increase equivalent to six percent of the
operating rate in effect on July 1, 2006, for
a day training and habilitation provider in
Meeker County providing services to up to
110 individuals. This rate increase shall be in
effect only until June 30, 2007.
new text end
new text begin
The commissioner of human services shall
review the appropriateness of per diem rates
for day training and habilitation services,
including the reasonableness of rates paid to
lower cost providers, and report the results to
the legislature by January 15, 2007.
new text end
|
new text begin
(c) Medical Assistance Long-Term Care Waivers new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
415,000 new text end |
|
new text begin
(d) Mental Health Grants new text end |
||
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
750,000 new text end |
new text begin
MENTAL HEALTH
INFRASTRUCTURE.
new text end
new text begin
Of this
appropriation, $750,000 is for adult mental
health infrastructure grants.
new text end
new text begin
new text begin MENTAL HEALTH GRANTS BASE
LEVEL ADJUSTMENT.new text end The general
fund base for mental health grants shall be
decreased by $750,000 for fiscal year 2009.
new text end
new text begin Subd. 5. new text end
new text begin
Continuing Care Management
|
||||||
|
new text begin
Summary by Fund new text end |
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
93,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
448,000 new text end |
new text begin
OUTCOMES AND TRACKING.
new text end
new text begin
Of
this appropriation, $448,000 in fiscal year
2007 and $324,000 in fiscal year 2008 is
to implement the mental health services
outcomes and mental health tracking
systems.
new text end
new text begin
new text begin CONTINUING CARE MANAGEMENT
BASE LEVEL ADJUSTMENT.new text end The
general fund base for continuing care
management shall be increased by $10,000
for fiscal year 2008 and shall be increased by
$20,000 for fiscal year 2009.
new text end
new text begin
new text begin CONTINUING CARE MANAGEMENT
BASE LEVEL ADJUSTMENT.new text end The health
care access fund base for continuing care
management shall be decreased by $124,000
for fiscal year 2008 and shall be decreased by
$448,000 for fiscal year 2009.
new text end
new text begin Subd. 6. new text end
new text begin
State-Operated Services
|
||||||
|
new text begin
General new text end |
new text begin
36,395,000 new text end |
new text begin
54,920,000 new text end |
new text begin
MINNESOTA SECURITY HOSPITAL.
For the purposes of enhancing the safety
of the public, improving supervision, and
enhancing community-based mental health
treatment, state-operated services may
establish additional community capacity
for providing treatment and supervision
of clients who have been ordered into a
less restrictive alternative of care from the
state-operated services transition services
program consistent with Minnesota Statutes,
section 246.014.
new text end
new text begin
STATE-OPERATED SERVICES BASE
ADJUSTMENT. The general fund base
for state-operated services is increased by
$8,699,000 in fiscal year 2008 and decreased
by $925,000 in fiscal year 2009.
new text end
new text begin Subd. 7. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
(a) MFIP-DWP Grants new text end |
||
|
new text begin
General new text end |
new text begin
(7,484,000) new text end |
new text begin
7,484,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
7,484,000 new text end |
new text begin
(7,484,000) new text end |
|
new text begin
(b) MFIP Child Care Assistance Grants new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
62,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
7,856,000 new text end |
new text begin
new text begin CHILD CARE AND DEVELOPMENT
FUND; FEDERAL DEFICIT
REDUCTION ACT OF 2005.new text end Increased
child care funds from the federal Deficit
Reduction Act of 2005 may be allocated by
the commissioner for the basic sliding fee
child care program.
new text end
new text begin
new text begin CHILD CARE ABSENT DAY LIMITS.new text end
$62,000 in fiscal year 2007 is appropriated
from the general fund to the commissioner
of human services for the MFIP/transition
year child care program for the purposes
of Minnesota Statutes, section 119B.13,
subdivision 7. The general fund base for
MFIP child care assistance grants under
Minnesota Statutes, section 119B.05, is
increased by $103,000 in fiscal year 2008
and by $102,000 in fiscal year 2009.
new text end
new text begin
new text begin INCREASE TANF TRANSFER TO
FEDERAL CHILD CARE AND
DEVELOPMENT FUND.new text end In addition to
the TANF amounts provided in Laws 2005,
First Special Session chapter 4, article 9,
section 2, subdivisions 3 and 4, $7,856,000
in fiscal year 2007 is appropriated to the
commissioner for the purposes of MFIP
transition year child care under Minnesota
Statutes, section 119B.05. The commissioner
shall authorize transfer of sufficient
TANF funds to the federal child care and
development fund to meet this appropriation
and shall ensure that all transferred funds are
expended according to the federal child care
and development fund regulations.
new text end
new text begin
new text begin TANF MAINTENANCE OF EFFORT.new text end
Notwithstanding Laws 2005, First Special
Session chapter 4, article 9, section 2,
subdivision 1, the commissioner shall ensure
that for fiscal year 2007, the maintenance of
effort used by the commissioner of finance
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under the
TANF/MOE rider in Laws 2005, First
Special Session chapter 4, article 9, section
2, subdivision 1, paragraph (a), clause (1),
equal to at least 21 percent of the total
required under Code of Federal Regulations,
title 45, section 263.1.
new text end
new text begin
new text begin INCREASE WORKING FAMILY
CREDIT EXPENDITURES TO BE
CLAIMED FOR TANF/MOE.new text end In addition
to the amounts provided in Laws 2005, First
Special Session chapter 4, article 9, section 2,
subdivision 1, the commissioner may count
the following amounts of working family
credit expenditures as TANF/MOE:
new text end
new text begin
(1) fiscal year 2006, $9,858,000;
new text end
new text begin
(2) fiscal year 2007, $0;
new text end
new text begin
(3) fiscal year 2008, $4,269,000; and
new text end
new text begin
(4) fiscal year 2009, $4,888,000.
new text end
new text begin
Notwithstanding any section in this article
to the contrary, this paragraph sunsets June
30, 2009.
new text end
|
new text begin
(c) Children's Service Grants new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
250,000 new text end |
new text begin
MENTAL HEALTH CRISIS
INFRASTRUCTURE.
new text end
new text begin
Of this
appropriation, $250,000 is from the health
care access fund for children's mental health
crisis infrastructure.
new text end
new text begin
new text begin CHILDREN'S SERVICES GRANTS
BASE LEVEL ADJUSTMENT.new text end The health
care access fund base for children's services
grants shall be decreased by $250,000 for
fiscal year 2009.
new text end
new text begin
new text begin CHILDREN'S AND COMMUNITY
SERVICES GRANTS.new text end Notwithstanding
Minnesota Statutes, section 256M.50,
supplemental social service block grant funds
of $153,936 appropriated under the federal
2005 Department of Defense Appropriations
Act, Public Law 109-148, shall be allocated
proportionately to those counties that served
hurricane evacuees and reported those
services on the Social Service Information
System.
new text end
new text begin
new text begin BASIC SLIDING FEE ALLOCATIONS;
CONVERSION TO AUTOMATED
PAYMENT SYSTEM.new text end As determined by
the commissioner, counties may use up to six
percent of either calendar year 2008 or 2009
allocations under Minnesota Statutes, section
119B.03, to fund accelerated payments that
may occur during the preceding calendar
year during conversion to the automated
child care assistance program system. If
conversion occurs over two calendar years,
counties may use up to three percent of the
combined calendar year allocations to fund
accelerated payments. Funding advanced
under this paragraph shall be considered part
of the allocation from which it was originally
advanced for purposes of setting future
allocations under Minnesota Statutes, section
119B.03, subdivisions 6, 6a, 6b, and 8, and
shall include funding for administrative costs
under Minnesota Statutes, section 119B.15.
Notwithstanding any contrary provisions in
this article, this paragraph shall sunset on
December 31, 2009.
new text end
|
new text begin
(d) Group Residential Housing new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
168,000 new text end |
new text begin
new text begin MENTAL HEALTH PILOT.new text end This
appropriation is for the mental health pilot
program for unsheltered individuals in
Ramsey County and Hennepin County.
new text end
|
new text begin
(e) Other Children and Economic Assistance Grants new text end |
||
|
new text begin
General new text end |
new text begin
(370,000) new text end |
new text begin
(461,000) new text end |
new text begin
new text begin MINNESOTA FOOD ASSISTANCE
PROGRAM.new text end (a) The general fund
appropriations for the Minnesota Food
Assistance Program under Minnesota
Statutes, section 256D.053, are reduced by
$370,000 in fiscal year 2006 and $491,000 in
fiscal year 2007.
new text end
new text begin
(b) The general fund appropriation for
the Minnesota food assistance program is
increased by $30,000 in fiscal year 2007 for
the added program cost of the food stamp
asset limit changes under Minnesota Statutes,
section 256D.0515. The general fund base
for the Minnesota food assistance program is
increased by $61,000 in fiscal year 2008 and
$61,000 in fiscal year 2009.
new text end
new text begin
new text begin OTHER CHILDREN'S AND
ECONOMIC ASSISTANCE GRANTS
BASE LEVEL ADJUSTMENT.new text end The
general fund base for other children's and
economic assistance grants shall be increased
by $31,000 for fiscal year 2008 and shall be
increased by $31,000 for fiscal year 2009.
new text end
new text begin Subd. 8. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
Summary by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
35,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
44,000 new text end |
new text begin
new text begin FOOD STAMP ASSET LIMIT.new text end $16,000
in fiscal year 2007 is appropriated from
the general fund to the commissioner of
human services for the systems cost of
implementing the food stamp asset limit
changes included under Minnesota Statutes,
section 256D.0515. This is a onetime
appropriation.
new text end
new text begin
new text begin DOMESTIC VIOLENCE
INFORMATIONAL BROCHURE.new text end
$44,000 in fiscal year 2007 is appropriated
from federal TANF funds to the
commissioner of human services
for producing the domestic violence
informational brochure under Minnesota
Statutes, section 256.029. This appropriation
is added to the agency's base.
new text end
new text begin
new text begin CHILDREN AND ECONOMIC
ASSISTANCE OPERATIONS BASE
LEVEL ADJUSTMENT.new text end The general fund
base for children and economic assistance
operations shall be decreased by $35,000 for
fiscal year 2008 and shall be decreased by
$35,000 for fiscal year 2009.
new text end
Sec. 3. new text begin COMMISSIONER OF HEALTH
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
-0- new text end |
new text begin
6,640,000 new text end |
||||
new text begin Subd. 2. new text end
new text begin
Policy Quality and Compliance
|
||||||
|
new text begin
Summary by Fund new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
140,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
1,500,000 new text end |
new text begin
INJUNCTIVE RELIEF.
new text end
new text begin
The commissioner
of health shall present to the 2007 legislature,
by December 15, 2006, recommendations
to fund the cost of bringing actions for
injunctive relief under Minnesota Statutes,
section 144G.02, subdivision 2, paragraph
(b).
new text end
new text begin
new text begin HEALTH INFORMATION
TECHNOLOGY.new text end $1,500,000 from the
health care access fund is to implement
Minnesota Statutes, section 144.366. Up to
$200,000 is available for grant administration
and health information technology technical
assistance. This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Health Protection
|
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
5,000,000 new text end |
new text begin
PANDEMIC INFLUENZA
PREPAREDNESS. $5,000,000
from the general fund is for preparation,
planning, and response to an outbreak of
influenza. This is a onetime appropriation.
new text end
Sec. 4. new text begin VETERANS NURSING HOMES
|
||||||
|
new text begin
General new text end |
new text begin
2,448,000 new text end |
new text begin
3,790,000 new text end |
new text begin
BASE ADJUSTMENT. The general fund
base is increased by $3,945,000 in fiscal year
2008 and $3,945,000 in fiscal year 2009 for
the Veterans Homes Board.
new text end
new text begin
SURPRISE INSPECTIONS. The board
shall contract for two mock, surprise
inspections during each fiscal year at the
Minneapolis facility.
new text end
new text begin
QUALITY ASSURANCE. Of this
appropriation, $1,868,000 in fiscal year 2006
and $2,159,000 in fiscal year 2007 is to
supplement nursing staff at the Minneapolis
facility. The board shall negotiate with
state bargaining units to address wages,
benefits, and the staffing skill mix in order
to appropriately serve the acuity level of
residents.
new text end
Sec. 5. new text begin HEALTH-RELATED BOARDS
|
||||||
|
new text begin
State Government Special Revenue new text end |
new text begin
514,000 new text end |
new text begin
572,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Board of Medical Practice
|
new text begin
500,000 new text end |
new text begin
500,000 new text end |
||||
new text begin
This increase is to cover higher than expected
costs of investigation and legal action. This
is a onetime appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
Board of Chiropractic Examiners
|
new text begin
5,000 new text end |
new text begin
5,000 new text end |
||||
new text begin
new text begin BOARD OF CHIROPRACTIC
EXAMINERS APPROPRIATION
INCREASE.new text end This increase is to correct
programming difficulties incurred during
implementation of payment processing
changes. This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Board of Dentistry
|
new text begin
-0- new text end |
new text begin
67,000 new text end |
||||
new text begin
new text begin BOARD OF DENTISTRY
APPROPRIATION INCREASE.new text end
This increase is to retain a legal analyst as
part of the board staff.
new text end
new text begin Subd. 4. new text end
new text begin
Board of Physical Therapy
|
new text begin
9,000 new text end |
new text begin
-0- new text end |
||||
new text begin
new text begin BOARD OF PHYSICAL THERAPY
APPROPRIATION INCREASE.new text end This
increase is to correct programming
difficulties incurred during implementation
of payment processing changes. This is a
onetime appropriation.
new text end
Sec. 6. new text begin EMERGENCY MEDICAL
|
||||||
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
50,000 new text end |
new text begin
new text begin EMERGENCY MEDICAL SERVICES
BOARD APPROPRIATION INCREASE.new text end
This increase is to be spent by the health
professional service program from the state
government special revenue fund.
new text end
Sec. 7.
new text begin
[256.029] DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.
new text end
new text begin
(a) The commissioner shall provide a domestic violence informational brochure that
provides information about the existence of domestic violence waivers for eligible public
assistance applicants to all applicants of general assistance, general assistance medical
care, Minnesota family investment program, medical assistance, and MinnesotaCare. The
brochure must explain that eligible applicants may be temporarily waived from certain
program requirements due to domestic violence. The brochure must provide information
about services and other programs to help victims of domestic violence.
new text end
new text begin
(b) The brochure must be funded with TANF funds.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval.
new text end
Sec. 8.
new text begin
[256D.0515] ASSET LIMITATIONS FOR FOOD STAMP HOUSEHOLDS.
new text end
new text begin
All food stamp households must be determined eligible for the benefit discussed
under section 256.029. Food stamp households must demonstrate that:
new text end
new text begin
(1) their gross income meets the federal Food Stamp requirements under United
States Code, title 7, section 2014(c); and
new text end
new text begin
(2) they have financial resources, excluding vehicles, of less than $7,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval.
new text end
Sec. 9. new text begin SUNSET OF UNCODIFIED LANGUAGE.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2007, unless a
different expiration date is explicit.
new text end