Minnesota Legislature
HF 4451
as introduced - 90th Legislature (2017 - 2018) Posted on 04/24/2018 11:42am
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18
2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 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 3.30 3.31 3.32 3.33 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 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 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 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 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 8.33 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 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 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 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 13.33 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
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
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 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 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 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 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 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 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 23.32 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
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 25.32 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
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 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
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 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 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 32.30 32.31 32.32 32.33 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
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 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 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 37.30 37.31 37.32
37.33
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 38.31 38.32 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
39.32 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 41.30 41.31 41.32 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 42.31 42.32 42.33 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 43.31 43.32 43.33 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 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 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 46.29 46.30 46.31 46.32 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 47.31 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 48.31 48.32 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 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
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 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 53.32 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 54.33 54.34
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 55.30 55.31 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 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 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 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 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 61.34 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 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 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 64.31 64.32 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 65.29 65.30 65.31 65.32 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 66.31 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 68.33 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 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 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
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 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
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 74.30 74.31 74.32 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 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 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
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 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 79.33 79.34 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 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 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 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 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 86.33 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 87.29 87.30 87.31 87.32 87.33 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 88.31 88.32 88.33 88.34 88.35 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 89.31 89.32 89.33 89.34 89.35 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 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
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 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 93.33 93.34 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 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 95.32 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 99.35 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30
100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 104.1 104.2 104.3
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
104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13
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
109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7
110.8 110.9 110.10 110.11
110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 112.1 112.2 112.3 112.4 112.5
112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29
115.1 115.2 115.3 115.4 115.5 115.6 115.7
115.8 115.9 115.10
115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19
116.20 116.21 116.22
116.23 116.24
116.25 116.26 116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6
117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4
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
118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 119.35 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9
122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 122.35 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33
123.34 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 125.1 125.2 125.3 125.4
125.5 125.6 125.7 125.8 125.9 125.10
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126.17 126.18 126.19
126.20 126.21
A bill for an act
relating to state government; modifying provisions governing health care, children
and family services, chemical and mental health services, continuing care,
community supports, opioids, and health department; establishing MinnesotaCare
Buy-In Option; making changes to statutory provisions affecting older and
vulnerable adults; prohibiting retaliation for acting on behalf of a patient or resident;
prohibiting deceptive marketing and business practices; creating an Assisted Living
and Dementia Care Task Force; requiring rulemaking for assisted living licensure
and dementia care unit certification; establishing opioid product stewardship fee;
requiring reports; making forecast adjustments; modifying fines; appropriating
money; amending Minnesota Statutes 2016, sections 16A.724, subdivision 2;
119B.011, subdivisions 6, 19, by adding subdivisions; 119B.03, subdivision 9;
119B.125, subdivision 1b, by adding subdivisions; 119B.16, subdivisions 1, 1a,
1b, by adding subdivisions; 144.291, subdivision 2; 144.3831, subdivision 1;
144.6501, subdivision 3; 144.651, subdivisions 1, 2, 4, 6, 14, 16, 17, 20, 21, by
adding subdivisions; 144A.10, subdivisions 1, 6; 144A.44; 144A.441; 144A.45,
subdivisions 1, 2; 144A.474, subdivisions 1, 8, 9; 144A.53, subdivisions 1, 4;
144D.01, subdivision 1; 144D.02; 144D.09; 151.252, subdivision 1; 152.126,
subdivision 6, by adding a subdivision; 245.4889, by adding a subdivision; 245C.02,
by adding a subdivision; 245C.12; 245E.03, subdivisions 2, 4; 245E.06, subdivision
3; 254B.02, subdivision 1; 254B.06, subdivision 1; 256B.0625, by adding
subdivisions; 256B.0659, by adding a subdivision; 256B.439, by adding a
subdivision; 325F.71; 518A.51; 573.02, subdivision 2; 609.2231, subdivision 8;
626.557, subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 10b, 12b, 14, 17; 626.5572, by adding
a subdivision; Minnesota Statutes 2017 Supplement, sections 119B.011, subdivision
20; 119B.025, subdivision 1; 119B.09, subdivision 1; 119B.095, subdivision 2;
119B.13, subdivision 6; 144A.474, subdivision 11; 144D.04, subdivision 2;
245.4889, subdivision 1; 254A.03, subdivision 3; 256.045, subdivisions 3, 3b, 4;
256B.0625, subdivision 17; 256B.4914, subdivision 5; Laws 2014, chapter 312,
article 27, section 76; Laws 2017, chapter 2, article 1, section 7, as amended;
proposing coding for new law in Minnesota Statutes, chapters 119B; 144; 144D;
151; 245C; 256L; 256M; repealing Minnesota Statutes 2016, sections 119B.125,
subdivision 5; 119B.16, subdivision 2; 144G.01; 144G.02; 144G.03; 144G.04;
144G.05; 144G.06; 245E.03, subdivision 3; 245E.06, subdivisions 2, 4, 5;
Minnesota Rules, part 3400.0185, subpart 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HEALTH CARE
Section 1.
Minnesota Statutes 2016, section 16A.724, subdivision 2, is amended to read:
Subd. 2.
Transfers.
(a) Notwithstanding section 295.581, to the extent available resources
in the health care access fund exceed expenditures in that fund, effective for the biennium
beginning July 1, 2007, the commissioner of management and budget shall transfer the
excess funds from the health care access fund to the general fund on June 30 of each year,
provided that the amount transferred in fiscal year deleted text begin 2016deleted text end new text begin 2020new text end shall not exceed deleted text begin $48,000,000deleted text end new text begin
$134,073,000new text end , the amount in fiscal year deleted text begin 2017deleted text end new text begin 2021new text end shall not exceed deleted text begin $122,000,000deleted text end new text begin
$151,002,000new text end , and the amount in any fiscal biennium thereafter shall not exceed
deleted text begin $244,000,000deleted text end new text begin $302,004,000new text end . The purpose of this transfer is to meet the rate increase required
under Laws 2003, First Special Session chapter 14, article 13C, section 2, subdivision 6.
(b) For fiscal years 2006 to 2011, MinnesotaCare shall be a forecasted program, and, if
necessary, the commissioner shall reduce these transfers from the health care access fund
to the general fund to meet annual MinnesotaCare expenditures or, if necessary, transfer
sufficient funds from the general fund to the health care access fund to meet annual
MinnesotaCare expenditures.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 152.126, subdivision 6, is amended to read:
Subd. 6.
Access to reporting system data.
(a) Except as indicated in this subdivision,
the data submitted to the board under subdivision 4 is private data on individuals as defined
in section 13.02, subdivision 12, and not subject to public disclosure.
(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:
(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is:
(i) prescribing or considering prescribing any controlled substance;
(ii) providing emergency medical treatment for which access to the data may be necessary;
(iii) providing care, and the prescriber has reason to believe, based on clinically valid
indications, that the patient is potentially abusing a controlled substance; or
(iv) providing other medical treatment for which access to the data may be necessary
for a clinically valid purpose and the patient has consented to access to the submitted data,
and with the provision that the prescriber remains responsible for the use or misuse of data
accessed by a delegated agent or employee;
(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;
(3) a licensed pharmacist who is providing pharmaceutical care for which access to the
data may be necessary to the extent that the information relates specifically to a current
patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has
consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber
who is requesting data in accordance with clause (1);
(4) an individual who is the recipient of a controlled substance prescription for which
data was submitted under subdivision 4, or a guardian of the individual, parent or guardian
of a minor, or health care agent of the individual acting under a health care directive under
chapter 145C;
(5) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2, or of the Emergency Medical Services Regulatory Board, assigned to conduct
a bona fide investigation of a complaint received by that board that alleges that a specific
licensee is impaired by use of a drug for which data is collected under subdivision 4, has
engaged in activity that would constitute a crime as defined in section 152.025, or has
engaged in the behavior specified in subdivision 5, paragraph (a);
(6) personnel of the board engaged in the collection, review, and analysis of controlled
substance prescription information as part of the assigned duties and responsibilities under
this section;
(7) authorized personnel of a vendor under contract with the state of Minnesota who are
engaged in the design, implementation, operation, and maintenance of the prescription
monitoring program as part of the assigned duties and responsibilities of their employment,
provided that access to data is limited to the minimum amount necessary to carry out such
duties and responsibilities, and subject to the requirement of de-identification and time limit
on retention of data specified in subdivision 5, paragraphs (d) and (e);
(8) federal, state, and local law enforcement authorities acting pursuant to a valid search
warrant;
(9) personnel of the Minnesota health care programs assigned to use the data collected
under this section tonew text begin :
new text end
new text begin (i)new text end identify and manage recipients whose usage of controlled substances may warrant
restriction to a single primary care provider, a single outpatient pharmacy, and a single
hospital;new text begin and
new text end
new text begin
(ii) identify and manage recipients paying cash for controlled substances and identify,
investigate, and sanction providers dispensing controlled substances in violation of section
256B.0625, subdivision 55, paragraph (b), clause (6);
new text end
(10) personnel of the Department of Human Services assigned to access the data pursuant
to paragraph (i);
(11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is currently
enrolled in and being monitored by the program, and the individual consents to access to
that information. The health professionals services program personnel shall not provide this
data to a health-related licensing board or the Emergency Medical Services Regulatory
Board, except as permitted under section 214.33, subdivision 3.
For purposes of clause (4), access by an individual includes persons in the definition of
an individual under section 13.02; and
(12) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2, assigned to conduct a bona fide investigation of a complaint received by that
board that alleges that a specific licensee is inappropriately prescribing controlled substances
as defined in this section.
(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed
in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe
controlled substances for humans and who holds a current registration issued by the federal
Drug Enforcement Administration, and every pharmacist licensed by the board and practicing
within the state, shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during the registration
application process, other than their name, license number, and license type, is classified
as private pursuant to section 13.02, subdivision 12.
(d) Only permissible users identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9),
and (10), may directly access the data electronically. No other permissible users may directly
access the data electronically. If the data is directly accessed electronically, the permissible
user shall implement and maintain a comprehensive information security program that
contains administrative, technical, and physical safeguards that are appropriate to the user's
size and complexity, and the sensitivity of the personal information obtained. The permissible
user shall identify reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the unauthorized
disclosure, misuse, or other compromise of the information and assess the sufficiency of
any safeguards in place to control the risks.
(e) The board shall not release data submitted under subdivision 4 unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is entitled
to receive the data.
(f) The board shall maintain a log of all persons who access the data for a period of at
least three years and shall ensure that any permissible user complies with paragraph (c)
prior to attaining direct access to the data.
(g) Section 13.05, subdivision 6, shall apply to any contract the board enters into pursuant
to subdivision 2. A vendor shall not use data collected under this section for any purpose
not specified in this section.
(h) The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section, and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.
(i) With available appropriations, the commissioner of human services shall establish
and implement a system through which the Department of Human Services shall routinely
access the data for the purpose of determining whether any client enrolled in an opioid
treatment program licensed according to chapter 245A has been prescribed or dispensed a
controlled substance in addition to that administered or dispensed by the opioid treatment
program. When the commissioner determines there have been multiple prescribers or multiple
prescriptions of controlled substances, the commissioner shall:
(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and
(2) direct the medical director of the opioid treatment program to access the data directly,
review the effect of the multiple prescribers or multiple prescriptions, and document the
review.
If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section
2.34, paragraph (c), prior to implementing this paragraph.
(j) The board shall review the data submitted under subdivision 4 on at least a quarterly
basis and shall establish criteria, in consultation with the advisory task force, for referring
information about a patient to prescribers and dispensers who prescribed or dispensed the
prescriptions in question if the criteria are met.
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.
Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 17, is
amended to read:
Subd. 17.
Transportation costs.
(a) "Nonemergency medical transportation service"
means motor vehicle transportation provided by a public or private person that serves
Minnesota health care program beneficiaries who do not require emergency ambulance
service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
(b) Medical assistance covers medical transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by eligible persons in obtaining
emergency or nonemergency medical care when paid directly to an ambulance company,
nonemergency medical transportation company, or other recognized providers of
transportation services. Medical transportation must be provided by:
(1) nonemergency medical transportation providers who meet the requirements of this
subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(3) taxicabs that meet the requirements of this subdivision;
(4) public transit, as defined in section 174.22, subdivision 7; or
(5) not-for-hire vehicles, including volunteer drivers.
(c) Medical assistance covers nonemergency medical transportation provided by
nonemergency medical transportation providers enrolled in the Minnesota health care
programs. All nonemergency medical transportation providers must comply with the
operating standards for special transportation service as defined in sections 174.29 to 174.30
and Minnesota Rules, chapter 8840, and deleted text begin in consultation with the Minnesota Department of
Transportationdeleted text end new text begin all drivers must be individually enrolled with the commissioner and reported
on the claim as the individual who provided the servicenew text end . All nonemergency medical
transportation providers shall bill for nonemergency medical transportation services in
accordance with Minnesota health care programs criteria. Publicly operated transit systems,
volunteers, and not-for-hire vehicles are exempt from the requirements outlined in this
paragraph.
(d) An organization may be terminated, denied, or suspended from enrollment if:
(1) the provider has not initiated background studies on the individuals specified in
section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
(2) the provider has initiated background studies on the individuals specified in section
174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
(i) the commissioner has sent the provider a notice that the individual has been
disqualified under section 245C.14; and
(ii) the individual has not received a disqualification set-aside specific to the special
transportation services provider under sections 245C.22 and 245C.23.
(e) The administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the commissioner in consultation with the
Nonemergency Medical Transportation Advisory Committee;
(2) pay nonemergency medical transportation providers for services provided to
Minnesota health care programs beneficiaries to obtain covered medical services;
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
trips, and number of trips by mode; and
(4) by July 1, 2016, in accordance with subdivision 18e, utilize a Web-based single
administrative structure assessment tool that meets the technical requirements established
by the commissioner, reconciles trip information with claims being submitted by providers,
and ensures prompt payment for nonemergency medical transportation services.
(f) Until the commissioner implements the single administrative structure and delivery
system under subdivision 18e, clients shall obtain their level-of-service certificate from the
commissioner or an entity approved by the commissioner that does not dispatch rides for
clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).
(g) The commissioner may use an order by the recipient's attending physician or a medical
or mental health professional to certify that the recipient requires nonemergency medical
transportation services. Nonemergency medical transportation providers shall perform
driver-assisted services for eligible individuals, when appropriate. Driver-assisted service
includes passenger pickup at and return to the individual's residence or place of business,
assistance with admittance of the individual to the medical facility, and assistance in
passenger securement or in securing of wheelchairs, child seats, or stretchers in the vehicle.
Nonemergency medical transportation providers must take clients to the health care
provider using the most direct route, and must not exceed 30 miles for a trip to a primary
care provider or 60 miles for a trip to a specialty care provider, unless the client receives
authorization from the local agency.
Nonemergency medical transportation providers may not bill for separate base rates for
the continuation of a trip beyond the original destination. Nonemergency medical
transportation providers must maintain trip logs, which include pickup and drop-off times,
signed by the medical provider or client, whichever is deemed most appropriate, attesting
to mileage traveled to obtain covered medical services. Clients requesting client mileage
reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
services.
(h) The administrative agency shall use the level of service process established by the
commissioner in consultation with the Nonemergency Medical Transportation Advisory
Committee to determine the client's most appropriate mode of transportation. If public transit
or a certified transportation provider is not available to provide the appropriate service mode
for the client, the client may receive a onetime service upgrade.
(i) The covered modes of transportation are:
(1) client reimbursement, which includes client mileage reimbursement provided to
clients who have their own transportation, or to family or an acquaintance who provides
transportation to the client;
(2) volunteer transport, which includes transportation by volunteers using their own
vehicle;
(3) unassisted transport, which includes transportation provided to a client by a taxicab
or public transit. If a taxicab or public transit is not available, the client can receive
transportation from another nonemergency medical transportation provider;
(4) assisted transport, which includes transport provided to clients who require assistance
by a nonemergency medical transportation provider;
(5) lift-equipped/ramp transport, which includes transport provided to a client who is
dependent on a device and requires a nonemergency medical transportation provider with
a vehicle containing a lift or ramp;
(6) protected transport, which includes transport provided to a client who has received
a prescreening that has deemed other forms of transportation inappropriate and who requires
a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
locks, a video recorder, and a transparent thermoplastic partition between the passenger and
the vehicle driver; and (ii) who is certified as a protected transport provider; and
(7) stretcher transport, which includes transport for a client in a prone or supine position
and requires a nonemergency medical transportation provider with a vehicle that can transport
a client in a prone or supine position.
(j) The local agency shall be the single administrative agency and shall administer and
reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the
commissioner has developed, made available, and funded the Web-based single
administrative structure, assessment tool, and level of need assessment under subdivision
18e. The local agency's financial obligation is limited to funds provided by the state or
federal government.
(k) The commissioner shall:
(1) in consultation with the Nonemergency Medical Transportation Advisory Committee,
verify that the mode and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to an approved medical appointment; and
(3) investigate all complaints and appeals.
(l) The administrative agency shall pay for the services provided in this subdivision and
seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
(m) Payments for nonemergency medical transportation must be paid based on the client's
assessed mode under paragraph (h), not the type of vehicle used to provide the service. The
medical assistance reimbursement rates for nonemergency medical transportation services
that are payable by or on behalf of the commissioner for nonemergency medical
transportation services are:
(1) $0.22 per mile for client reimbursement;
(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
transport;
(3) equivalent to the standard fare for unassisted transport when provided by public
transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency
medical transportation provider;
(4) $13 for the base rate and $1.30 per mile for assisted transport;
(5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;
(6) $75 for the base rate and $2.40 per mile for protected transport; and
(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
an additional attendant if deemed medically necessary.
(n) The base rate for nonemergency medical transportation services in areas defined
under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
paragraph (m), clauses (1) to (7). The mileage rate for nonemergency medical transportation
services in areas defined under RUCA to be rural or super rural areas is:
(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
rate in paragraph (m), clauses (1) to (7); and
(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
rate in paragraph (m), clauses (1) to (7).
(o) For purposes of reimbursement rates for nonemergency medical transportation
services under paragraphs (m) and (n), the zip code of the recipient's place of residence
shall determine whether the urban, rural, or super rural reimbursement rate applies.
(p) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
a census-tract based classification system under which a geographical area is determined
to be urban, rural, or super rural.
(q) The commissioner, when determining reimbursement rates for nonemergency medical
transportation under paragraphs (m) and (n), shall exempt all modes of transportation listed
under paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 4.
Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 17d. new text end
new text begin Transportation services oversight. new text end
new text begin
The commissioner shall contract with
a vendor or dedicate staff for oversight of providers of nonemergency medical transportation
services pursuant to the commissioner's authority in section 256B.04 and Minnesota Rules,
parts 9505.2160 to 9505.2245.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 5.
Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 17e. new text end
new text begin Transportation provider termination. new text end
new text begin
(a) A terminated nonemergency
medical transportation provider, including all named individuals on the current enrollment
disclosure form and known or discovered affiliates of the nonemergency medical
transportation provider, is not eligible to enroll as a nonemergency medical transportation
provider for five years following the termination.
new text end
new text begin
(b) After the five-year period in paragraph (a), if a provider seeks to reenroll as a
nonemergency medical transportation provider, the nonemergency medical transportation
provider must be placed on a one-year probation period. During a provider's probation
period the commissioner shall complete unannounced site visits and request documentation
to review compliance with program requirements.
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
[256L.29] MINNESOTACARE BUY-IN OPTION.
new text end
new text begin Subdivision 1. new text end
new text begin Request for federal authority. new text end
new text begin
(a) The commissioner of human services
shall seek all necessary federal waivers to establish the MinnesotaCare Buy-In Option under
this section.
new text end
new text begin
(b) The commissioner shall also seek all necessary federal waivers to:
new text end
new text begin
(1) allow eligible persons to use advance premium tax credits and cost-sharing reductions
to purchase the MinnesotaCare Buy-In Option;
new text end
new text begin
(2) offer the MinnesotaCare Buy-In Option through the MNsure Web site as a coverage
option and to be compared with qualified health plans offered through the MNsure Web
site;
new text end
new text begin
(3) allow the commissioner to use surplus funds in the Minnesota premium security plan
account under section 62E.25 or the premium subsidy program under Laws 2017, chapter
2, to establish an account as a reserve for the payment of claims and liabilities and other
financial needs for the MinnesotaCare Buy-In Option; and
new text end
new text begin
(4) maintain MinnesotaCare program requirements and funding mechanisms that provide
coverage to persons eligible under section 256L.04.
new text end
new text begin
(c) The commissioner is exempt from the requirements in chapter 16C to contract for
actuarial services that satisfy the waiver submission requirements under this subdivision.
The commissioner may utilize existing contracts to satisfy the waiver submission
requirements of this subdivision.
new text end
new text begin Subd. 2. new text end
new text begin Administration. new text end
new text begin
(a) The commissioner shall:
new text end
new text begin
(1) coordinate administration of the MinnesotaCare Buy-In Option with the
MinnesotaCare program, as described in section 256L.04, to maximize efficiency and
improve continuity of care for enrollees;
new text end
new text begin
(2) implement mechanisms to ensure the long-term financial sustainability of
MinnesotaCare and mitigate any adverse financial impacts to the state and MNsure. These
mechanisms must minimize adverse selection, state financial risk and contribution, and
negative impacts to premiums in the individual and group health insurance markets;
new text end
new text begin
(3) establish a cost allocation methodology to reimburse MNsure operations in lieu of
the premium withhold for qualified health plans under section 62V.05; and
new text end
new text begin
(4) establish provider reimbursement rates paid at the Medicare reimbursement rate or
at the MinnesotaCare payment rate, whichever is greater.
new text end
new text begin
(b) A person who is determined eligible for enrollment in a qualified health plan with
or without advance payments of the premium tax credit and with or without cost-sharing
reductions according to Code of Federal Regulations, title 45, section 155.305, paragraphs
(a), (f), and (g), is eligible to purchase and enroll in a MinnesotaCare Buy-In Option health
plan instead of purchasing a qualified health plan as defined under section 62V.02.
new text end
new text begin
(c) The MinnesotaCare Buy-In Option shall be considered the MinnesotaCare program
for purposes of the requirements for health maintenance organizations under section 62D.04,
subdivision 5, and providers under section 256B.0644.
new text end
new text begin
(d) The commissioner has the authority to accept and expend all enrollee premiums and
federal funds made available under this section upon federal approval.
new text end
new text begin Subd. 3. new text end
new text begin Establishment of health plans. new text end
new text begin
(a) The commissioner shall establish two
MinnesotaCare Buy-In Option health plans: one health plan shall provide benefits that are
actuarially equivalent to 70 percent of the full actuarial value of the benefits provided under
the health plan, and one health plan shall provide benefits that are actuarially equivalent to
80 percent of the full actuarial value of the benefits provided under the health plan. The
benefits of the health plans shall be based on the benefits provided in section 256L.03.
new text end
new text begin
(b) A person is limited to apply for the MinnesotaCare Buy-In Option during the annual
open and special enrollment periods established for MNsure as defined in Code of Federal
Regulations, title 45, sections 155.410 and 155.420. The MinnesotaCare Buy-In Option
shall be available through the MNsure Web site as defined in section 62V.02, subdivision
13.
new text end
new text begin
(c) The commissioner shall contract with vendors to provide services consistent with
sections 256L.12 and 256L.121.
new text end
new text begin Subd. 4. new text end
new text begin Premium administration and payment. new text end
new text begin
The commissioner shall establish an
annual per-enrollee premium rate sufficient to cover state administrative costs and payments
by the state to subcontractors under sections 256L.12 and 256L.121.
new text end
new text begin Subd. 5. new text end
new text begin Premium tax credits, cost-sharing reductions, and subsidies. new text end
new text begin
(a) A person
who is eligible under this section, and whose income is less than or equal to 400 percent of
the federal poverty guidelines, may qualify for advance premium tax credits and cost-sharing
reductions to purchase a health plan established under this section.
new text end
new text begin
(b) There shall be no state subsidy to a person eligible for the MinnesotaCare Buy-In
Option.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2020, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 7.
new text begin
[256L.30] MINNESOTACARE BUY-IN OPTION RESERVE ACCOUNT.
new text end
new text begin
The MinnesotaCare Buy-In Option reserve account is created in the state treasury. Money
in the MinnesotaCare Buy-In Option reserve account, including accrued interest or profit
from investment, is appropriated to the commissioner of human services to meet cash flow,
coverage, claims, and liabilities for the MinnesotaCare Buy-In Option program established
under section 256L.29. Premium revenue from the MinnesotaCare Buy-In Option program
not used to pay claims or administrative expenses must be deposited into the MinnesotaCare
Buy-In Option reserve account.
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 2
CHILDREN AND FAMILY SERVICES
Section 1.
Minnesota Statutes 2016, section 119B.011, subdivision 6, is amended to read:
Subd. 6.
Child care fund.
"Child care fund" means a program under this chapter
providing:
(1) financial assistance for child care to new text begin support:
new text end
new text begin (i) new text end parents engaged in employment, job search, or education and training leading to
employment, or an at-home infant child care subsidynew text begin ; and
new text end
new text begin (ii) the development and school readiness of childrennew text end ; and
(2) grants to develop, expand, and improve the access and availability of child care
services statewide.
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.
Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision
to read:
new text begin Subd. 13b. new text end
new text begin Homeless. new text end
new text begin
"Homeless" means a self-declared housing status as defined in
the McKinney-Vento Homeless Assistance Act and United States Code, title 42, section
11302, paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 3.
Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision
to read:
new text begin Subd. 16a. new text end
new text begin Legal nonlicensed related provider. new text end
new text begin
"Legal nonlicensed related provider"
means a legal nonlicensed child care provider under subdivision 16 who cares for children
related to the provider and does not care for any child receiving assistance under this chapter
who is not related to the provider. For purposes of this subdivision, "related" means the
provider is, by marriage, blood relationship, or court decree, a sibling, grandparent, aunt,
or uncle of the child.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 4.
Minnesota Statutes 2016, section 119B.011, is amended by adding a subdivision
to read:
new text begin Subd. 16b. new text end
new text begin Legal nonlicensed unrelated provider. new text end
new text begin
"Legal nonlicensed unrelated
provider" means a legal nonlicensed child care provider under subdivision 16 who provides
care in Minnesota for at least one child receiving assistance under this chapter who is not
related to the provider. For purposes of this subdivision, "related" means the provider is,
by marriage, blood relationship, or court decree, a sibling, grandparent, aunt, or uncle of
the child.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 5.
Minnesota Statutes 2016, section 119B.011, subdivision 19, is amended to read:
Subd. 19.
Provider.
"Provider" means:
(1) an individual or child care center or facilitydeleted text begin , either licensed or unlicensed,deleted text end providing
new text begin licensed new text end legal child care services as defined under section 245A.03; deleted text begin or
deleted text end
(2) new text begin a license exempt center required to be certified under chapter 245G;
new text end
new text begin (3) new text end an individual or child care center or facility deleted text begin holdingdeleted text end new text begin that:
new text end
new text begin (i) holdsnew text end a valid child care license issued by another state or a tribe deleted text begin and providingdeleted text end new text begin ;
new text end
new text begin (ii) providesnew text end child care services in the licensing state or in the area under the licensing
tribe's jurisdictiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(iii) is in compliance with federal health and safety requirements as certified by the
licensing state or tribe, or as determined by receipt of Child Care Development Block Grant
funds in the licensing state; or
new text end
new text begin (4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision
16, providing legal child care services. new text end A deleted text begin legally unlicensed familydeleted text end new text begin legal nonlicensednew text end child
care provider must be at least 18 years of age, and not a member of the MFIP assistance
unit or a member of the family receiving child care assistance to be authorized under this
chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, section 119B.011, subdivision 20, is amended
to read:
Subd. 20.
Transition year families.
"Transition year families" means families who have
received MFIP assistance, or who were eligible to receive MFIP assistance after choosing
to discontinue receipt of the cash portion of MFIP assistance under section 256J.31,
subdivision 12, or families who have received DWP assistance under section 256J.95 for
at least deleted text begin threedeleted text end new text begin onenew text end of the last six months before losing eligibility for MFIP or DWP.
Notwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090, subpart 2,
transition year child care may be used to support employment, approved education or training
programs, or job search that meets the requirements of section 119B.10. Transition year
child care is not available to families who have been disqualified from MFIP or DWP due
to fraud.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 8, 2018.
new text end
Sec. 7.
Minnesota Statutes 2017 Supplement, section 119B.025, subdivision 1, is amended
to read:
Subdivision 1.
Applications.
(a) new text begin Except as provided in paragraph (c), clause (4), new text end the
county shall verify the following at all initial child care applications using the universal
application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative
caretaker, or the spouses of any of the foregoing;
(4) age;
(5) immigration status, if related to eligibility;
(6) Social Security number, if given;
(7) counted income;
(8) spousal support and child support payments made to persons outside the household;
(9) residence; and
(10) inconsistent information, if related to eligibility.
(b) The county must mail a notice of approval or denial of assistance to the applicant
within 30 calendar days after receiving the application. The county may extend the response
time by 15 calendar days if the applicant is informed of the extension.
new text begin
(c) For an applicant who declares that the applicant is homeless and who meets the
definition of homeless in section 119B.011, subdivision 13b, the county must:
new text end
new text begin
(1) if additional information is needed to determine eligibility, send a request for
information to the applicant within five working days after receiving the application;
new text end
new text begin
(2) if the applicant is eligible, send a notice of approval of assistance within five working
days after receiving the application;
new text end
new text begin
(3) if the applicant is ineligible, send a notice of denial of assistance within 30 days after
receiving the application. The county may extend the response time by 15 calendar days if
the applicant is informed of the extension;
new text end
new text begin
(4) not require verifications required by paragraph (a) before issuing the notice of approval
or denial; and
new text end
new text begin
(5) follow limits set by the commissioner for how frequently expedited application
processing may be used for an applicant who declares that the applicant is homeless.
new text end
new text begin
(d) An applicant who declares that the applicant is homeless must submit proof of
eligibility within three months of the date the application was received. If proof of eligibility
is not submitted within three months, eligibility ends. A 15-day adverse action notice is
required to end eligibility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 8.
Minnesota Statutes 2016, section 119B.03, subdivision 9, is amended to read:
Subd. 9.
Portability pool.
(a) The commissioner shall establish a pool of up to five
percent of the annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota counties. At the
end of each allocation period, any unspent funds in the portability pool must be used for
assistance under the basic sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must be reduced to cover these
shortages.
(b) deleted text begin To be eligible for portable basic sliding fee assistance,deleted text end A family that has moved from
a county in which it was receiving basic sliding fee assistance to a county with a waiting
list for the basic sliding fee program must:
(1) meet the income and eligibility guidelines for the basic sliding fee program; and
(2) notify the deleted text begin new county of residence within 60 days of moving and submit information
to the new county of residence to verify eligibility for the basic sliding fee programdeleted text end new text begin family's
previous county of residence of the family's move to a new county of residencenew text end .
(c) The receiving county must:
(1) accept administrative responsibility for applicants for portable basic sliding fee
assistance at the end of the two months of assistance under the Unitary Residency Act;
(2) continue new text begin portability pool new text end basic sliding fee assistance deleted text begin for the lesser of six months ordeleted text end
until the family is able to receive assistance under the county's regular basic sliding program;
and
(3) notify the commissioner through the quarterly reporting process of any family that
meets the criteria of the portable basic sliding fee assistance pool.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 8, 2018.
new text end
Sec. 9.
Minnesota Statutes 2017 Supplement, section 119B.09, subdivision 1, is amended
to read:
Subdivision 1.
General eligibility requirements.
(a) Child care services must be
available to families who need child care to find or keep employment or to obtain the training
or education necessary to find employment and who:
(1) have household income less than or equal to 67 percent of the state median income,
adjusted for family size, at application and redetermination, and meet the requirements of
section 119B.05; receive MFIP assistance; and are participating in employment and training
services under chapter 256J; or
(2) have household income less than or equal to 47 percent of the state median income,
adjusted for family size, at application and less than or equal to 67 percent of the state
median income, adjusted for family size, at redetermination.
(b) Child care services must be made available as in-kind services.
(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family at application and
redetermination as a condition of program eligibility. For purposes of this section, a family
is considered to meet the requirement for cooperation when the family complies with the
requirements of section 256.741.
(d) All applicants for child care assistance and families currently receiving child care
assistance must pay the co-payment fee under section 119B.12, subdivision 2, as a condition
of eligibility. The co-payment fee may include additional recoupment fees due to a child
care assistance program overpayment.
new text begin
(e) If a family has one child with a child care authorization and that child reaches 13
years of age or that child has a disability and reaches 15 years of age, the family remains
eligible until redetermination.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 8, 2018.
new text end
Sec. 10.
Minnesota Statutes 2017 Supplement, section 119B.095, subdivision 2, is amended
to read:
Subd. 2.
Maintain steady child care authorizations.
(a) Notwithstanding Minnesota
Rules, chapter 3400, the amount of child care authorized under section 119B.10 for
employment, education, or an MFIP or DWP employment plan shall continue at the same
number of hours or more hours until redetermination, including:
(1) when the other parent moves in and is employed or has an education plan under
section 119B.10, subdivision 3, or has an MFIP or DWP employment plan; or
(2) when the participant's work hours are reduced or a participant temporarily stops
working or attending an approved education program. Temporary changes include, but are
not limited to, a medical leave, seasonal employment fluctuations, or a school break between
semesters.
(b) The county may increase the amount of child care authorized at any time if the
participant verifies the need for increased hours for authorized activities.
(c) The county may reduce the amount of child care authorized if a parent requests a
reduction or because of a change in:
(1) the child's school schedule;
(2) the custody schedule; or
(3) the provider's availability.
new text begin
(d) When a child reaches 13 years of age or a child with a disability reaches 15 years of
age, the amount of child care authorized shall continue at the same number of hours or more
hours until redetermination.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end The amount of child care authorized for a family subject to subdivision 1,
paragraph (b), must change when the participant's activity schedule changes. Paragraph (a)
does not apply to a family subject to subdivision 1, paragraph (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 8, 2018.
new text end
Sec. 11.
Minnesota Statutes 2016, section 119B.125, subdivision 1b, is amended to read:
Subd. 1b.
Training required.
(a) deleted text begin Effective November 1, 2011, prior todeleted text end new text begin Beforenew text end initial
authorization as required in subdivision 1, a legal nonlicensed deleted text begin familydeleted text end child care provider
must complete new text begin pediatric new text end first aid and CPR training and provide the verification of new text begin the pediatric
new text end first aid and CPR training to the county. The training documentation must have valid effective
dates as of the date the registration request is submitted to the countydeleted text begin .deleted text end new text begin andnew text end the training must
have been provided by an individual approved to provide new text begin pediatric new text end first aid and CPR
instruction and have included CPR techniques for infants and children.
(b) new text begin A new text end legal nonlicensed deleted text begin family child care providers with an authorization effective before
November 1, 2011, must be notified of the requirements before October 1, 2011, or at
authorization, and must meet the requirements upon renewal of an authorization that occurs
on or after January 1, 2012.deleted text end new text begin related provider must:
new text end
new text begin
(1) complete training on abusive head trauma before being authorized for a child through
four years of age; and
new text end
new text begin
(2) complete training on reducing the risk of sudden unexpected infant death before
being authorized for a child younger than 12 months old.
new text end
new text begin
(c) A legal nonlicensed unrelated provider must:
new text end
new text begin
(1) complete training on abusive head trauma before being authorized for a child through
four years of age;
new text end
new text begin
(2) complete training on reducing the risk of sudden unexpected infant death before
being authorized for a child younger than 12 months old; and
new text end
new text begin
(3) complete a child care provider orientation class, or equivalent training approved by
the commissioner, within 90 days after initial authorization. The commissioner must develop
the child care provider orientation class, which must include training on maintaining health,
safety, and fire standards.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Upon each reauthorization deleted text begin after the authorization period when the initial first aid
and CPR training requirements are metdeleted text end , a legal nonlicensed deleted text begin family child caredeleted text end new text begin unrelatednew text end
provider must deleted text begin provide verification of at least eight hours of additional training listed in the
Minnesota Center for Professional Development Registry.deleted text end new text begin complete training on the topics
in paragraph (c), clause (3).
new text end
deleted text begin
(d) This subdivision only applies to legal nonlicensed family child care providers.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 12.
Minnesota Statutes 2016, section 119B.125, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Reporting required for child safety. new text end
new text begin
A legal nonlicensed provider must
report to the county agency a death, serious injury, or instance of substantiated child abuse
that occurred while a child was in the legal nonlicensed provider's care. A county agency
shall report to the commissioner, in a manner prescribed by the commissioner, the number
of deaths, serious injuries, and instances of substantiated child abuse that occurred in all
legal nonlicensed child care providers care in the county.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 13.
Minnesota Statutes 2016, section 119B.125, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Emergency preparedness plan. new text end
new text begin
A legal nonlicensed provider must have a
written emergency preparedness plan for an emergency. The commissioner shall develop
a form for a provider to create a written emergency preparedness plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 14.
Minnesota Statutes 2016, section 119B.125, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Compliance with health and safety requirements. new text end
new text begin
(a) The commissioner
must establish health, safety, and fire standards specific to a legal nonlicensed unrelated
provider. The commissioner must develop a: (1) tool for a county agency to conduct an
annual inspection of a legal nonlicensed unrelated provider; (2) process for a legal
nonlicensed unrelated provider to correct violations of the health, safety, and fire standards;
and (3) process to revoke authorization of a legal nonlicensed unrelated provider if the
provider fails to correct violations of the health, safety, and fire standards.
new text end
new text begin
(b) A county agency must conduct at least one inspection annually of each legal
nonlicensed unrelated provider. The county agency must be given access to the physical
facility and grounds where care is provided and to children cared for by the legal nonlicensed
unrelated provider. The county agency must be given access without prior notice and as
often as the county agency considers necessary if the county agency is investigating alleged
maltreatment, conducting an inspection, or investigating an alleged violation of applicable
laws or rules. A provider's failure to give access to the county agency may result in
termination of the legal nonlicensed unrelated provider's authorization to care for a child
receiving child care assistance under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 24, 2018.
new text end
Sec. 15.
Minnesota Statutes 2017 Supplement, section 119B.13, subdivision 6, is amended
to read:
Subd. 6.
Provider payments.
(a) The provider shall bill for services provided within
ten days of the end of the service period. Payments under the child care fund shall be made
within 21 days of receiving a complete bill from the provider. Counties or the state may
establish policies that make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.
(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of six months from the date the provider is issued an
authorization of care and billing form.
(d) A county or the commissioner may refuse to issue a child care authorization to a
licensed or legal nonlicensed provider, revoke an existing child care authorization to a
licensed or legal nonlicensed provider, stop payment issued to a licensed or legal nonlicensed
provider, or refuse to pay a bill submitted by a licensed or legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) a county or the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's billing
forms, or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;new text begin or
new text end
(ii) an order of revocation of the provider's license; deleted text begin or
deleted text end
deleted text begin
(iii) a final order of conditional license issued by the commissioner for as long as the
conditional license is in effect;
deleted text end
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; deleted text begin or
deleted text end
(6) the provider gives false child care price informationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(7) the provider fails to grant access to a county or the commissioner during regular
business hours to examine all records necessary to determine the extent of services provided
to a child care assistance recipient and the appropriateness of a claim for payment.
new text end
new text begin
(e) If a county or the commissioner finds that a provider violated paragraph (d), clause
(1) or (2), a county or the commissioner must deny or revoke the provider's authorization
and either pursue a fraud disqualification under section 256.98, subdivision 8, paragraph
(c), or refer the case to a law enforcement authority. A provider's rights related to an
authorization denial or revocation under this paragraph are established in section 119B.161.
If a provider's authorization is denied or revoked under this paragraph, the denial or
revocation lasts until either:
new text end
new text begin
(1) all criminal, civil, and administrative proceedings related to the provider's alleged
misconduct conclude and any appeal rights are exhausted; or
new text end
new text begin
(2) the commissioner decides, based on written evidence or argument submitted under
section 119B.161, to authorize the provider.
new text end
new text begin
(f) If a county or the commissioner denies or revokes a provider's authorization under
paragraph (d), clause (4), the provider shall not be authorized until the order of suspension
or order of revocation against the provider is lifted.
new text end
deleted text begin (e) For purposes ofdeleted text end new text begin (g) If a county or the commissioner finds that a provider violatednew text end
paragraph (d), deleted text begin clausesdeleted text end new text begin clausenew text end (3), (5), deleted text begin anddeleted text end new text begin ornew text end (6), the county or the commissioner may
deleted text begin withholddeleted text end new text begin deny or revokenew text end the provider's authorization deleted text begin or payment for a period of time not to
exceed three months beyond the time the condition has been correcteddeleted text end .new text begin If a provider's
authorization is denied or revoked under this paragraph, the denial or revocation may last
up to 90 days from the date a county or the commissioner denies or revokes the provider's
authorization.
new text end
new text begin
(h) If a county or the commissioner finds that a provider violated paragraph (d), clause
(7), a county or the commissioner must deny or revoke the provider's authorization until a
county or the commissioner determines whether the records sought comply with this chapter
and chapter 245E. The provider's rights related to an authorization denial or revocation
under this paragraph are established in section 119B.161.
new text end
deleted text begin (f)deleted text end new text begin (i)new text end A county's payment policies must be included in the county's child care plan under
section 119B.08, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 16.
Minnesota Statutes 2016, section 119B.16, subdivision 1, is amended to read:
Subdivision 1.
Fair hearing allowednew text begin for applicants and recipientsnew text end .
new text begin (a) new text end An applicant
or recipient adversely affected bynew text begin an action ofnew text end a county agency deleted text begin actiondeleted text end new text begin or the commissionernew text end
may request new text begin and shall receive new text end a fair hearing in accordance with new text begin this subdivision and new text end section
256.045.
new text begin
(b) A county agency must offer an informal conference to an applicant or recipient who
is entitled to a fair hearing under this section. A county agency shall advise an adversely
affected applicant or recipient that a request for a conference is optional and does not delay
or replace the right to a fair hearing.
new text end
new text begin
(c) An applicant or recipient does not have a right to a fair hearing if a county agency
or the commissioner takes action against a provider.
new text end
new text begin
(d) If a provider's authorization is suspended, denied, or revoked, a county agency or
the commissioner must mail notice to a child care assistance program recipient receiving
care from the provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 17.
Minnesota Statutes 2016, section 119B.16, subdivision 1a, is amended to read:
Subd. 1a.
Fair hearing allowed for providers.
(a) This subdivision applies to providers
caring for children receiving child care assistance.
deleted text begin
(b) A provider to whom a county agency has assigned responsibility for an overpayment
may request a fair hearing in accordance with section 256.045 for the limited purpose of
challenging the assignment of responsibility for the overpayment and the amount of the
overpayment. The scope of the fair hearing does not include the issues of whether the
provider wrongfully obtained public assistance in violation of section 256.98 or was properly
disqualified under section 256.98, subdivision 8, paragraph (c), unless the fair hearing has
been combined with an administrative disqualification hearing brought against the provider
under section 256.046.
deleted text end
new text begin
(b) A provider may request a fair hearing only as specified in this subdivision.
new text end
new text begin
(c) A provider may request a fair hearing according to sections 256.045 and 256.046 if
a county agency or the commissioner:
new text end
new text begin
(1) denies or revokes a provider's authorization, unless the action entitles the provider
to a consolidated contested case hearing under section 119B.16, subdivision 3, or an
administrative review under section 119B.161;
new text end
new text begin
(2) assigns responsibility for an overpayment to a provider under section 119B.11,
subdivision 2a;
new text end
new text begin
(3) establishes an overpayment for failure to comply with section 119B.125, subdivision
6;
new text end
new text begin
(4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4,
paragraph (c), item (2);
new text end
new text begin
(5) initiates an administrative fraud disqualification hearing; or
new text end
new text begin
(6) issues a payment and the provider disagrees with the amount of the payment.
new text end
new text begin
(d) A provider may request a fair hearing by submitting a written request to the
Department of Human Services, Appeals Division. A provider's request must be received
by the Appeals Division no later than 30 days after the date a county or the commissioner
mails the notice. The provider's appeal request must contain the following:
new text end
new text begin
(1) each disputed item, the reason for the dispute, and, if appropriate, an estimate of the
dollar amount involved for each disputed item;
new text end
new text begin
(2) the computation the provider believes to be correct, if appropriate;
new text end
new text begin
(3) the statute or rule relied on for each disputed item; and
new text end
new text begin
(4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 18.
Minnesota Statutes 2016, section 119B.16, subdivision 1b, is amended to read:
Subd. 1b.
Joint fair hearings.
deleted text begin When a provider requests a fair hearing under subdivision
1a, the family in whose case the overpayment was created must be made a party to the fair
hearing. All other issues raised by the family must be resolved in the same proceeding.
When a family requests a fair hearing and claims that the county should have assigned
responsibility for an overpayment to a provider, the provider must be made a party to the
fair hearing.deleted text end The human services judge assigned to a fair hearing may join a family or a
provider as a party to the fair hearing whenever joinder of that party is necessary to fully
and fairly resolve deleted text begin overpaymentdeleted text end issues raised in the appeal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 19.
Minnesota Statutes 2016, section 119B.16, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Notice to providers. new text end
new text begin
(a) Before taking an action appealable under subdivision
1a, paragraph (c), a county agency or the commissioner must mail written notice to the
provider against whom the action is being taken.
new text end
new text begin
(b) The notice must state:
new text end
new text begin
(1) the factual basis for the department's determination;
new text end
new text begin
(2) the action the department intends to take;
new text end
new text begin
(3) the dollar amount of the monetary recovery or recoupment, if known; and
new text end
new text begin
(4) the provider's right to appeal the department's proposed action.
new text end
new text begin
(c) Unless otherwise specified under chapter 119B or 245E or Minnesota Rules, chapter
3400, a county agency or the commissioner must mail the written notice at least 15 calendar
days before the adverse action's effective date.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 20.
Minnesota Statutes 2016, section 119B.16, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Consolidated contested case hearing. new text end
new text begin
If a county agency or the commissioner
denies or revokes a provider's authorization based on a licensing action, the provider may
only appeal the denial or revocation in the same contested case proceeding that the provider
appeals the licensing action.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 21.
Minnesota Statutes 2016, section 119B.16, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Final department action. new text end
new text begin
Unless the commissioner receives a timely and
proper request for an appeal, a county agency's or the commissioner's action shall be
considered a final department action.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 22.
new text begin
[119B.161] ADMINISTRATIVE REVIEW.
new text end
new text begin Subdivision 1. new text end
new text begin
Temporary suspension of payment or denial or revocation of
authorization.
new text end
new text begin
A provider has the rights listed under this section if: (1) a payment is
suspended under chapter 245E; or (2) the provider's authorization is denied or revoked under
section 119B.13, subdivision 6, paragraph (d), clause (1), (2), or (7). Unless the commissioner
receives a timely and proper request for an appeal, a county's or the commissioner's action
is a final department action.
new text end
new text begin Subd. 2. new text end
new text begin Notice. new text end
new text begin
(a) A county or the commissioner must mail a provider notice within
five days of denial or revocation of a provider's authorization or suspension of the provider's
payment under subdivision 1.
new text end
new text begin
(b) The notice must:
new text end
new text begin
(1) state the provision under which a county or the commissioner denied or revoked a
provider's authorization or suspended payment to the provider;
new text end
new text begin
(2) set forth the general allegations leading to the denial or revocation of a provider's
authorization or suspension of the provider's payment. The notice need not disclose any
specific information concerning an ongoing investigation;
new text end
new text begin
(3) state that the denial or revocation of a provider's authorization or suspension of the
provider's payment is for a temporary period and explain the circumstances under which
the action expires; and
new text end
new text begin
(4) inform the provider of the right to submit written evidence and argument for
consideration by the commissioner.
new text end
new text begin
(c) Notwithstanding Minnesota Rules, part 3400.0185, if a county or the commissioner
suspended payment to a provider under chapter 245E or denied or revoked a provider's
authorization under section 119B.13, subdivision 6, paragraph (d), clause (1), (2), or (7), a
county or the commissioner must send notice of service authorization closure to an affected
family. The notice sent to an affected family is effective on the date the notice is created.
new text end
new text begin Subd. 3. new text end
new text begin Duration. new text end
new text begin
If a provider's payment is suspended under chapter 245E or a
provider's authorization is denied or revoked under section 119B.13, subdivision 6, paragraph
(d), clause (1), (2), or (7), the provider's suspension, denial, or revocation remains in effect
until:
new text end
new text begin
(1) the commissioner or a law enforcement authority determines that there is insufficient
evidence warranting the action and a county or the commissioner does not pursue an
additional administrative remedy under chapter 245E or section 256.98; or
new text end
new text begin
(2) all criminal, civil, and administrative proceedings related to the provider's alleged
misconduct conclude and any appeal rights are exhausted.
new text end
new text begin Subd. 4. new text end
new text begin Good cause exception. new text end
new text begin
The commissioner may find that good cause exists not
to suspend payment to a provider or deny or revoke a provider's authorization, or not to
continue a suspension of payment or denial or revocation of a provider's authorization if
any of the following are applicable:
new text end
new text begin
(1) a law enforcement authority specifically requested that payment to a provider not
be suspended or a provider's authorization not be denied or revoked because the action may
compromise an ongoing investigation;
new text end
new text begin
(2) the commissioner determines that the suspension of the provider's payment or the
denial or revocation of the provider's authorization should be removed based on the provider's
written submission; or
new text end
new text begin
(3) the commissioner determines that the suspension of payment or the denial or
revocation of a provider's authorization is not in the best interests of the program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 23.
Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision
to read:
new text begin Subd. 13c. new text end
new text begin National criminal history record check. new text end
new text begin
(a) "National criminal history
record check" means a check of records maintained by the Federal Bureau of Investigation
through submission of fingerprints through the Minnesota Bureau of Criminal Apprehension
to the Federal Bureau of Investigation when specifically required by law.
new text end
new text begin
(b) For purposes of this chapter, "national crime information database," "national criminal
records repository," "criminal history with the Federal Bureau of Investigation," and "national
criminal record check" mean a national criminal history record check defined in paragraph
(a).
new text end
Sec. 24.
Minnesota Statutes 2016, section 245C.12, is amended to read:
245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
(a) For the purposes of background studies completed by tribal organizations performing
licensing activities otherwise required of the commissioner under this chapter, after obtaining
consent from the background study subject, tribal licensing agencies shall have access to
criminal history data in the same manner as county licensing agencies and private licensing
agencies under this chapter.
(b) Tribal organizations may contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to adoptions according to section 245C.34.
Tribal organizations may also contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to child foster care according to section
245C.34.
(c) For the purposes of background studies completed to comply with a tribal
organization's licensing requirements for individuals affiliated with a tribally licensed nursing
facility, the commissioner shall obtain criminal history data from the National Criminal
Records Repository in accordance with section 245C.32.
new text begin
(d) Tribal organizations may contract with the commissioner to conduct background
studies or obtain background study data on individuals affiliated with a child care program
sponsored, managed, or licensed by a tribal organization. Studies conducted under this
paragraph require the commissioner to conduct a national criminal history record check as
defined in section 245C.02, subdivision 13c. Any tribally affiliated child care program that
does not contract with the commissioner to conduct background studies is exempt from the
relevant requirements in this chapter. A study conducted under this paragraph must include
all components of studies for certified license-exempt child care centers under this chapter
to be transferable to other child care entities.
new text end
Sec. 25.
new text begin
[245C.121] BACKGROUND STUDY; HEAD START PROGRAMS.
new text end
new text begin
Head Start programs that receive funding disbursed under section 119A.52 may contract
with the commissioner to conduct background studies and obtain background study data
on individuals affiliated with a Head Start program. Studies conducted under this paragraph
require the commissioner to conduct a national criminal history record check as defined in
section 245C.02, subdivision 13c. Any Head Start program site that does not contract with
the commissioner, is not licensed, and is not registered to receive funding under chapter
119B is exempt from the relevant requirements in this chapter. Nothing in this paragraph
supersedes requirements for background studies in this chapter, chapter 119B, or child care
centers under chapter 245H that are related to licensed child care programs or programs
registered to receive funding under chapter 119B. A study conducted under this paragraph
must include all components of studies for certified license-exempt child care centers under
this chapter to be transferable to other child care entities.
new text end
Sec. 26.
Minnesota Statutes 2016, section 245E.03, subdivision 2, is amended to read:
Subd. 2.
Failure to provide access.
deleted text begin
Failure to provide access may result in denial or
termination of authorizations for or payments to a recipient, provider, license holder, or
controlling individual in the child care assistance program.
deleted text end
new text begin
A provider, license holder,
controlling individual, employee, or staff member must grant the department access during
any hours that the program is open to examine the provider's program or the records listed
in section 245E.05. A provider shall make records immediately available at the provider's
place of business at the time the department requests access, unless the provider and the
department both agree otherwise.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 27.
Minnesota Statutes 2016, section 245E.03, subdivision 4, is amended to read:
Subd. 4.
Continued or repeated failure to provide access.
If the provider continues
to fail to provide access at the expiration of the 15-day notice period, child care assistance
program payments to the provider must deleted text begin be denied beginningdeleted text end new text begin end onnew text end the 16th day following
notice of the initial failure or refusal to provide access. deleted text begin The department may rescind the
denial based upon good cause if the provider submits in writing a good cause basis for
having failed or refused to provide access. The writing must be postmarked no later than
the 15th day following the provider's notice of initial failure to provide access.deleted text end new text begin A provider's,
license holder's, controlling individual's, employee's, staff member's, or recipient's duty to
provide access in this section continues after the provider's authorization is suspended,
denied, or revoked.new text end Additionally, the provider, license holder, or controlling individual must
immediately provide complete, ongoing access to the department. Repeated failures to
provide access must, after the initial failure or for any subsequent failure, result in termination
from participation in the child care assistance program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 28.
Minnesota Statutes 2016, section 245E.06, subdivision 3, is amended to read:
Subd. 3.
Appeal of department deleted text begin sanctiondeleted text end new text begin actionnew text end .
deleted text begin
(a) If the department does not pursue
a criminal action against a provider, license holder, controlling individual, or recipient for
financial misconduct, but the department imposes an administrative sanction under section
245E.02, subdivision 4, paragraph (c), any individual or entity against whom the sanction
was imposed may appeal the department's administrative sanction under this section pursuant
to section 119B.16 or 256.045 with the additional requirements in clauses (1) to (4). An
appeal must specify:
deleted text end
deleted text begin
(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item, if appropriate;
deleted text end
deleted text begin
(2) the computation that is believed to be correct, if appropriate;
deleted text end
deleted text begin
(3) the authority in the statute or rule relied upon for each disputed item; and
deleted text end
deleted text begin
(4) the name, address, and phone number of the person at the provider's place of business
with whom contact may be made regarding the appeal.
deleted text end
deleted text begin
(b) Notwithstanding section 245E.03, subdivision 4, an appeal is considered timely only
if postmarked or received by the department's Appeals Division within 30 days after receiving
a notice of department sanction.
deleted text end
deleted text begin
(c) Before the appeal hearing, the department may deny or terminate authorizations or
payment to the entity or individual if the department determines that the action is necessary
to protect the public welfare or the interests of the child care assistance program.
deleted text end
new text begin
A provider's rights related to an action taken under this chapter are established in sections
119B.16 and 119B.161.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 12, 2019.
new text end
Sec. 29.
Minnesota Statutes 2016, section 518A.51, is amended to read:
518A.51 FEES 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, or medical assistance 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) 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 deleted text begin $500deleted text end new text begin $550new text end 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 deleted text begin $500deleted text end new text begin $550new text end collected.
(c) 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 two 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, or
medical assistance 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.
(d) 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 two 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.
(e) 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.
(f) Federal collections fees collected under paragraph (b) and cost recovery fees collected
under paragraphs (c) and (d) retained by the commissioner of human services shall be
considered child support program income according to Code of Federal Regulations, title
45, section 304.50, and shall be deposited in the special revenue fund account established
under paragraph (h). The commissioner of human services must elect to recover costs based
on either actual or standardized costs.
(g) The limitations of this section 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.
(h) The commissioner of human services is authorized to establish a special revenue
fund account to receive the federal collections fees collected under paragraph (b) and cost
recovery fees collected under paragraphs (c) and (d).
(i) The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:
(1) one-half of the revenue must be transferred to the child support system special revenue
account to support the state's administration of the child support enforcement program and
its federally mandated automated system;
(2) an additional portion of the revenue must be transferred to the child support system
special revenue account for expenditures necessary to administer the fees; and
(3) the remaining portion of the revenue must be distributed to the counties to aid the
counties in funding their child support enforcement programs.
(j) The nonfederal share of the federal collections fees must be distributed to the counties
to aid them in funding their child support enforcement programs.
(k) The commissioner of human services shall distribute quarterly any of the funds
dedicated to the counties under paragraphs (i) and (j) using the methodology specified in
section 256.979, subdivision 11. The funds received by the counties must be reinvested in
the child support enforcement program and the counties must not reduce the funding of
their child support programs by the amount of the funding distributed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2018.
new text end
Sec. 30. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2016, section 119B.125, subdivision 5,
new text end
new text begin
is repealed the day
following final enactment.
new text end
new text begin
(b) Minnesota Statutes 2016, sections 119B.16, subdivision 2; 245E.03, subdivision 3;
and 245E.06, subdivisions 2, 4, and 5,
new text end
new text begin
and
new text end
new text begin
Minnesota Rules, part 3400.0185, subpart 5,
new text end
new text begin
are repealed effective August 12, 2019.
new text end
ARTICLE 3
CHEMICAL AND MENTAL HEALTH SERVICES
Section 1.
Minnesota Statutes 2017 Supplement, section 245.4889, subdivision 1, is
amended to read:
Subdivision 1.
Establishment and authority.
(a) The commissioner is authorized to
make grants from available appropriations to assist:
(1) counties;
(2) Indian tribes;
(3) children's collaboratives under section 124D.23 or 245.493; or
(4) mental health service providers.
(b) The following services are eligible for grants under this section:
(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;
(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;
(3) respite care services for children with severe emotional disturbances who are at risk
of out-of-home placement;
(4) children's mental health crisis services;
(5) mental health services for people from cultural and ethnic minorities;
(6) children's mental health screening and follow-up diagnostic assessment and treatment;
(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;
(8) school-linked mental health services, including transportation for children receiving
school-linked mental health services when school is not in session;
(9) building evidence-based mental health intervention capacity for children birth to age
five;
(10) suicide prevention and counseling services that use text messaging statewide;
(11) mental health first aid training;
(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
Web site to share information and strategies to promote resilience and prevent trauma;
(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;
(14) early childhood mental health consultation;
(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;
(16) psychiatric consultation for primary care practitioners; and
(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grants.
(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.
new text begin
(d) As a condition of receiving grant funds a grantee must obtain all available third-party
reimbursement sources, if applicable.
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. 2.
Minnesota Statutes 2016, section 245.4889, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin School-linked mental health grants. new text end
new text begin
(a) An eligible applicant for school-linked
mental health services grants under subdivision 1, paragraph (b), clause (8), is an entity that
is:
new text end
new text begin
(1) certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
new text end
new text begin
(2) a community mental health center under section 256B.0625, subdivision 5;
new text end
new text begin
(3) an Indian health service facility or facility owned and operated by a tribe or tribal
organization operating under United States Code, title 25, section 5321;
new text end
new text begin
(4) a provider of children's therapeutic services and supports as defined in section
256B.0943; or
new text end
new text begin
(5) enrolled in medical assistance as a mental health or substance use disorder provider
agency and employs at least two full-time equivalent mental health professionals as defined
in section 245.4871, subdivision 27, clauses (1) to (6), or two alcohol and drug counselors
licensed or exempt from licensure under chapter 148F who are qualified to provide clinical
services to children and families.
new text end
new text begin
(b) The commissioner shall consult with school districts when selecting school-linked
mental health services grantees and shall ensure access to school-linked mental health
services in both urban and rural areas.
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. 3.
Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended
to read:
Subd. 3.
Rules for substance use disorder care.
(a) The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of
comprehensive assessments under section 254B.05 may determine and approve the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the consolidated chemical
dependency treatment fund or determining an individual's enrollment in or eligibility for a
publicly subsidized health plan is not affected by the individual's choice to access a
comprehensive assessment for placement.
(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.
new text begin
(c) A structured assessment for alcohol or substance use disorder that is provided to a
recipient of public assistance by a primary care clinic, hospital, or other medical setting
establishes medical necessity and approval for an initial set of substance use disorder services
identified in section 254B.05, subdivision 5, when the screen result is positive for alcohol
or substance misuse. The initial set of services approved for a recipient whose screen result
is positive shall include four hours of individual or group substance use disorder treatment,
two hours of substance use disorder care coordination, and two hours of substance use
disorder peer support services. A recipient must obtain an assessment pursuant to paragraph
(a) to be approved for additional treatment services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018, contingent on federal
approval. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained or denied.
new text end
Sec. 4.
Minnesota Statutes 2016, section 254B.02, subdivision 1, is amended to read:
Subdivision 1.
Chemical dependency treatment allocation.
The chemical dependency
treatment appropriation shall be placed in a special revenue account. deleted text begin The commissioner
shall annually transfer funds from the chemical dependency fund to pay for operation of
the drug and alcohol abuse normative evaluation system and to pay for all costs incurred
by adding two positions for licensing of chemical dependency treatment and rehabilitation
programs located in hospitals for which funds are not otherwise appropriated.deleted text end The deleted text begin remainder
of thedeleted text end money in the special revenue account must be used according to the requirements in
this chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 5.
Minnesota Statutes 2016, section 254B.06, subdivision 1, is amended to read:
Subdivision 1.
State collections.
The commissioner is responsible for all collections
from persons determined to be partially responsible for the cost of care of an eligible person
receiving services under Laws 1986, chapter 394, sections 8 to 20. The commissioner may
initiate, or request the attorney general to initiate, necessary civil action to recover the unpaid
cost of care. The commissioner may collect all third-party payments for chemical dependency
services provided under Laws 1986, chapter 394, sections 8 to 20, including private insurance
and federal Medicaid and Medicare financial participation. deleted text begin The commissioner shall deposit
in a dedicated account a percentage of collections to pay for the cost of operating the chemical
dependency consolidated treatment fund invoice processing and vendor payment system,
billing, and collections.deleted text end The deleted text begin remainingdeleted text end receipts must be deposited in the chemical dependency
fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 6.
new text begin
INTEGRATED LOCAL RESPONSE TO THE OPIOID CRISIS GRANT
PROGRAM.
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 terms have the
meanings given them.
new text end
new text begin
(a) "Commissioner" means the commissioner of human services.
new text end
new text begin
(b) "Sectors" refers to the various health care providers, mental health and substance
use disorder treatment providers, public health-related entities, child protection groups, law
enforcement agencies, courts, community groups, schools, and others that have a role in a
local response to the opioid crisis.
new text end
new text begin
(c) "Integrated local response" means an activity that requires coordination between two
or more sectors to serve specific groups of individuals with chronic opioid analgesia use or
opioid use disorder to improve outcomes in a community.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
(a) The commissioner shall implement a grant program to
support an integrated local response to the opioid crisis.
new text end
new text begin
(b) A grantee must match state funding received under this program with local in-kind
or fiscal resources and must collaborate with at least one local partner from a different
sector.
new text end
new text begin
(c) At the outset of the program, a grantee must identify where the grantee and the
grantee's local partner are on a local integration continuum as defined by the commissioner
and tailor the program as needed to meet the needs of individual communities. A grantee
must increase the extent of the integrated local response during the course of the grant.
new text end
new text begin Subd. 3. new text end
new text begin Grant awards. new text end
new text begin
(a) The commissioner shall award four-year grants to eligible
applicants to support integrated local responses to the opioid crisis with priority given to
applicants serving communities that are suffering disparities in health outcomes related to
the opioid crisis. In determining grant awards, the commissioner shall consider health
disparities and inequities attributed to individuals living in the community who are served
by a local partner. The commissioner may award up to 20 percent of the appropriation to
fund one or more contractors to provide technical assistance and other support to grantees.
new text end
new text begin
(b) Grant awards must support integration of services and supports to address the opioid
crisis. Grantees may use funding to hire project staff.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility. new text end
new text begin
Grantees may be tribal and local governments, health care providers,
mental health and substance use disorder treatment providers, or nonprofit social service
and cultural agencies. A grantee must serve as a fiscal agent for the grantee's local partner
from a different sector.
new text end
new text begin Subd. 5. new text end
new text begin Domains. new text end
new text begin
A grantee must address one or more domains of the opioid crisis that
are most relevant to the grantee's community. The domains are optimizing integrated local
response:
new text end
new text begin
(1) for pregnant women and newborns and support for their recovery from opioid use
disorder and other substance use disorders including implementation of plans of safe care
for the mother and newborn;
new text end
new text begin
(2) for reducing chronic opioid analgesia for individuals at high risk of opioid dependence
or who are identified as having opioid use disorder;
new text end
new text begin
(3) for opioid use disorder and other substance use disorders for individuals involved
with the criminal justice system before, during, and after confinement in a correctional
facility, as defined in Minnesota Statutes, section 241.33, subdivision 3, including individuals
convicted of drug-related offenses who are diverted to treatment and individuals previously
incarcerated; or
new text end
new text begin
(4) for opioid use disorder and other substance use disorders for other populations.
new text end
new text begin Subd. 6. new text end
new text begin Reports. new text end
new text begin
The commissioner shall issue an interim report and a final report to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance on the progress of this grant program.
The reports must include data on grantees' progress toward optimizing integrated local
response capacity and outcomes relevant to each of the domains. Outcomes must relate to
the domains chosen by the grantees and may include the number or rate of out-of-home
placements for newborns, changes in chronic opioid analgesia use, and treatment outcomes
of opioid use disorder in previously incarcerated populations. The interim report is due
September 15, 2020, and the final report is due six months following the expenditure of all
appropriated funds.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
This section expires June 30, 2022, or six months after appropriated
funds are expended, whichever is later.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
ARTICLE 4
CONTINUING CARE
Section 1.
new text begin
[256M.42] ADULT PROTECTION GRANT ALLOCATION.
new text end
new text begin Subdivision 1. new text end
new text begin Formula. new text end
new text begin
The commissioner shall allocate state funds appropriated under
this section each calendar year to each county board or tribal government in an amount
determined according to the following formula:
new text end
new text begin
(1) 25 percent must be distributed on the basis of the number of reports of suspected
vulnerable adult maltreatment under sections 626.557 and 626.5572, when the county or
tribe is the lead investigative agency responsible, as determined by the most recent data of
the commissioner; and
new text end
new text begin
(2) 75 percent must be distributed on the basis of the number of screened-in reports for
adult protective services or vulnerable adult maltreatment investigation under sections
626.557 and 626.5572 by the county or tribe, as determined by the most recent data of the
commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Payment. new text end
new text begin
The commissioner shall make allocations under subdivision 1 to
each county board or tribal government on or before July 10 of each calendar year.
new text end
new text begin Subd. 3. new text end
new text begin Prohibition on supplanting existing funds. new text end
new text begin
Funds received under this section
must be used for staffing for protection of vulnerable adults or to expand adult protective
services. Funds must not be used to supplant current county or tribe expenditures for these
purposes.
new text end
ARTICLE 5
COMMUNITY SUPPORTS
Section 1.
Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision
to read:
new text begin Subd. 32. new text end
new text begin
Rate increase for personal care assistance services, community first
services and supports, consumer-directed community supports, and consumer support
grant program.
new text end
new text begin
The commissioner of human services shall increase reimbursement rates,
individual budgets, grants, and allocations by 1.69 percent for services provided on or after
July 1, 2018, in personal care assistance services under this section; community first services
and supports under section 256B.85; consumer-directed community supports under sections
256B.0913, subdivision 5, 256B.0915, subdivision 1, 256B.092, subdivision 5, and 256B.49,
subdivision 11; and the consumer support grant program under section 256.476.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 256B.439, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Calculation of disability waiver rates system services quality add-on. new text end
new text begin
(a)
For services with rates determined under the disability waiver rates system in section
256B.4914, the quality add-on required under subdivision 7 shall be applied to the rate
calculations in section 256B.4914, subdivisions 6 to 9, until the first application of the
inflationary adjustments required under section 256B.4914, subdivision 5, paragraphs (h)
and (i).
new text end
new text begin
(b) For services with rates determined under the disability waiver rates system in section
256B.4914 and subject to rate stabilization under section 256B.4913, the quality add-on
required under subdivision 7 shall be applied to the historical rates calculated in section
256B.4913, subdivision 4a, paragraph (b), until the end of the rate stabilization period.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 3.
Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 5, is amended
to read:
Subd. 5.
Base wage index and standard component values.
(a) The base wage index
is established to determine staffing costs associated with providing services to individuals
receiving home and community-based services. For purposes of developing and calculating
the proposed base wage, Minnesota-specific wages taken from job descriptions and standard
occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in
the most recent edition of the Occupational Handbook must be used. The base wage index
must be calculated as follows:
(1) for residential direct care staff, the sum of:
(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home
health aide (SOC code 39-9021); 30 percent of the median wage for nursing assistant (SOC
code 31-1014); and 20 percent of the median wage for social and human services aide (SOC
code 21-1093); and
(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide
(SOC code 31-1011); 20 percent of the median wage for personal and home health aide
(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(2) for day services, 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(3) for residential asleep-overnight staff, the wage is the minimum wage in Minnesota
for large employers, except in a family foster care setting, the wage is 36 percent of the
minimum wage in Minnesota for large employers;
(4) for behavior program analyst staff, 100 percent of the median wage for mental health
counselors (SOC code 21-1014);
(5) for behavior program professional staff, 100 percent of the median wage for clinical
counseling and school psychologist (SOC code 19-3031);
(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric
technicians (SOC code 29-2053);
(7) for supportive living services staff, 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 60 percent of the median wage for social and human services aide (SOC code
21-1093);
(8) for housing access coordination staff, 100 percent of the median wage for community
and social services specialist (SOC code 21-1099);
(9) for in-home family support staff, 20 percent of the median wage for nursing aide
(SOC code 31-1012); 30 percent of the median wage for community social service specialist
(SOC code 21-1099); 40 percent of the median wage for social and human services aide
(SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC
code 29-2053);
(10) for individualized home supports services staff, 40 percent of the median wage for
community social service specialist (SOC code 21-1099); 50 percent of the median wage
for social and human services aide (SOC code 21-1093); and ten percent of the median
wage for psychiatric technician (SOC code 29-2053);
(11) for independent living skills staff, 40 percent of the median wage for community
social service specialist (SOC code 21-1099); 50 percent of the median wage for social and
human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
technician (SOC code 29-2053);
(12) for independent living skills specialist staff, 100 percent of mental health and
substance abuse social worker (SOC code 21-1023);
(13) for supported employment staff, 20 percent of the median wage for nursing assistant
(SOC code 31-1014); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 60 percent of the median wage for social and human services aide (SOC code
21-1093);
(14) for employment support services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);
(15) for employment exploration services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);
(16) for employment development services staff, 50 percent of the median wage for
education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
of the median wage for community and social services specialist (SOC code 21-1099);
(17) for adult companion staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant
(SOC code 31-1014);
(18) for night supervision staff, 20 percent of the median wage for home health aide
(SOC code 31-1011); 20 percent of the median wage for personal and home health aide
(SOC code 39-9021); 20 percent of the median wage for nursing assistant (SOC code
31-1014); 20 percent of the median wage for psychiatric technician (SOC code 29-2053);
and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(19) for respite staff, 50 percent of the median wage for personal and home care aide
(SOC code 39-9021); and 50 percent of the median wage for nursing assistant (SOC code
31-1014);
(20) for personal support staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for nursing assistant
(SOC code 31-1014);
(21) for supervisory staff, 100 percent of the median wage for community and social
services specialist (SOC code 21-1099), with the exception of the supervisor of behavior
professional, behavior analyst, and behavior specialists, which is 100 percent of the median
wage for clinical counseling and school psychologist (SOC code 19-3031);
(22) for registered nurse staff, 100 percent of the median wage for registered nurses
(SOC code 29-1141); and
(23) for licensed practical nurse staff, 100 percent of the median wage for licensed
practical nurses (SOC code 29-2061).
(b) Component values for residential support services are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support ratio: 13.25 percent;
(5) program-related expense ratio: 1.3 percent; and
(6) absence and utilization factor ratio: 3.9 percent.
(c) Component values for family foster care are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support ratio: 3.3 percent;
(5) program-related expense ratio: 1.3 percent; and
(6) absence factor: 1.7 percent.
(d) Component values for day services for all services are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan support ratio: 5.6 percent;
(5) client programming and support ratio: ten percent;
(6) general administrative support ratio: 13.25 percent;
(7) program-related expense ratio: 1.8 percent; and
(8) absence and utilization factor ratio: 9.4 percent.
(e) Component values for unit-based services with programming are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan supports ratio: 15.5 percent;
(5) client programming and supports ratio: 4.7 percent;
(6) general administrative support ratio: 13.25 percent;
(7) program-related expense ratio: 6.1 percent; and
(8) absence and utilization factor ratio: 3.9 percent.
(f) Component values for unit-based services without programming except respite are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan support ratio: 7.0 percent;
(5) client programming and support ratio: 2.3 percent;
(6) general administrative support ratio: 13.25 percent;
(7) program-related expense ratio: 2.9 percent; and
(8) absence and utilization factor ratio: 3.9 percent.
(g) Component values for unit-based services without programming for respite are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support ratio: 13.25 percent;
(5) program-related expense ratio: 2.9 percent; and
(6) absence and utilization factor ratio: 3.9 percent.
(h) On July 1, 2017, the commissioner shall update the base wage index in paragraph
(a) based on the wage data by standard occupational code (SOC) from the Bureau of Labor
Statistics available on December 31, 2016. The commissioner shall publish these updated
values and load them into the rate management system. On July 1, 2022, and every five
years thereafter, the commissioner shall update the base wage index in paragraph (a) based
on the most recently available wage data by SOC from the Bureau of Labor Statistics. The
commissioner shall publish these updated values and load them into the rate management
system.
(i) On July 1, 2017, the commissioner shall update the framework components in
paragraph (d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision
6, clauses (8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the
Consumer Price Index. The commissioner will adjust these values higher or lower by the
percentage change in the Consumer Price Index-All Items, United States city average
(CPI-U) from January 1, 2014, to January 1, 2017. The commissioner shall publish these
updated values and load them into the rate management system. On July 1, 2022, and every
five years thereafter, the commissioner shall update the framework components in paragraph
(d), clause (5); paragraph (e), clause (5); and paragraph (f), clause (5); subdivision 6, clauses
(8) and (9); and subdivision 7, clauses (10), (16), and (17), for changes in the Consumer
Price Index. The commissioner shall adjust these values higher or lower by the percentage
change in the CPI-U from the date of the previous update to the date of the data most recently
available prior to the scheduled update. The commissioner shall publish these updated values
and load them into the rate management system.
new text begin
(j) Upon the implementation of the automatic inflation adjustment in paragraphs (h) and
(i), rate adjustments applied to the service rates calculated under this section that are not
included in the cost components or rate methodology specified in this section must not be
included in the rate calculation.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end In this subdivision, if Bureau of Labor Statistics occupational codes or Consumer
Price Index items are unavailable in the future, the commissioner shall recommend to the
legislature codes or items to update and replace missing component values.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 4.
Laws 2014, chapter 312, article 27, section 76, is amended to read:
Sec. 76. DISABILITY WAIVER REIMBURSEMENT RATE ADJUSTMENTS.
deleted text begin Subdivision 1. deleted text end
deleted text begin Historical rate. deleted text end
The commissioner of human services shall adjust the
historical rates calculated in Minnesota Statutes, section 256B.4913, subdivision 4a,
paragraph (b), in effect during the banding period under Minnesota Statutes, section
256B.4913, subdivision 4a, paragraph (a), for the reimbursement rate increases effective
April 1, 2014, and any rate modification enacted during the 2014 legislative session.
deleted text begin Subd. 2. deleted text end
deleted text begin Residential support services. deleted text end
deleted text begin
The commissioner of human services shall adjust
the rates calculated in Minnesota Statutes, section 256B.4914, subdivision 6, paragraphs
(b), clause (4), and (c), for the reimbursement rate increases effective April 1, 2014, and
any rate modification enacted during the 2014 legislative session.
deleted text end
deleted text begin Subd. 3. deleted text end
deleted text begin Day programs. deleted text end
deleted text begin
The commissioner of human services shall adjust the rates
calculated in Minnesota Statutes, section 256B.4914, subdivision 7, paragraph (a), clauses
(15) to (17), for the reimbursement rate increases effective April 1, 2014, and any rate
modification enacted during the 2014 legislative session.
deleted text end
deleted text begin Subd. 4. deleted text end
deleted text begin Unit-based services with programming. deleted text end
deleted text begin
The commissioner of human services
shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision 8,
paragraph (a), clause (14), for the reimbursement rate increases effective April 1, 2014, and
any rate modification enacted during the 2014 legislative session.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Unit-based services without programming. deleted text end
deleted text begin
The commissioner of human
services shall adjust the rate calculated in Minnesota Statutes, section 256B.4914, subdivision
9, paragraph (a), clause (23), for the reimbursement rate increases effective April 1, 2014,
and any rate modification enacted during the 2014 legislative session.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
ARTICLE 6
OPIOIDS
Section 1.
Minnesota Statutes 2016, section 151.252, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) No person shall act as a drug manufacturer without
first obtaining a license from the board and paying any applicable fee specified in section
151.065.
(b) Application for a drug manufacturer license under this section shall be made in a
manner specified by the board.
(c) No license shall be issued or renewed for a drug manufacturer unless the applicant
agrees to operate in a manner prescribed by federal and state law and according to Minnesota
Rules.
(d) No license shall be issued or renewed for a drug manufacturer that is required to be
registered pursuant to United States Code, title 21, section 360, unless the applicant supplies
the board with proof of registration. The board may establish by rule the standards for
licensure of drug manufacturers that are not required to be registered under United States
Code, title 21, section 360.
(e) No license shall be issued or renewed for a drug manufacturer that is required to be
licensed or registered by the state in which it is physically located unless the applicant
supplies the board with proof of licensure or registration. The board may establish, by rule,
standards for the licensure of a drug manufacturer that is not required to be licensed or
registered by the state in which it is physically located.
(f) The board shall require a separate license for each facility located within the state at
which drug manufacturing occurs and for each facility located outside of the state at which
drugs that are shipped into the state are manufactured.
(g) The board shall not issue an initial or renewed license for a drug manufacturing
facility unless the facility passes an inspection conducted by an authorized representative
of the board. In the case of a drug manufacturing facility located outside of the state, the
board may require the applicant to pay the cost of the inspection, in addition to the license
fee in section 151.065, unless the applicant furnishes the board with a report, issued by the
appropriate regulatory agency of the state in which the facility is located or by the United
States Food and Drug Administration, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.
new text begin
(h) The board shall not issue a renewed license for a drug manufacturer unless the
manufacturer pays any stewardship fee it is required to pay under section 151.2521.
new text end
Sec. 2.
new text begin
[151.2521] OPIOID PRODUCT STEWARDSHIP FEE.
new text end
new text begin Subdivision 1. new text end
new text begin Opioid product stewardship fee established. new text end
new text begin
(a) A manufacturer licensed
under section 151.252 that sells any products containing opium or opiates listed in section
152.02, subdivision 3, paragraphs (b) and (c), any products containing narcotics listed in
section 152.02, subdivision 4, paragraph (e), or any products containing narcotic drugs listed
in section 152.02, subdivision 5, paragraph (b) shall pay to the Board of Pharmacy a
stewardship fee as specified in this section.
new text end
new text begin
(b) Drugs approved by the United States Food and Drug Administration for the treatment
of opioid dependence are not subject to the annual stewardship fee, but only when used for
that purpose.
new text end
new text begin Subd. 2. new text end
new text begin Reporting requirements. new text end
new text begin
(a) Effective March 1, 2019, a manufacturer licensed
under section 151.252 shall provide the board with data about each of its prescription
products that contain controlled substances listed in section 152.02, subdivisions 3 to 6, that
are sold within this state. The data shall include, for each product, the trade and generic
names, strength, package size, and national drug code. A manufacturer required to report
this data shall also report a billing address to which the board can send invoices and inquiries
related to the product stewardship fee. A manufacturer shall notify the board of any change
to this data no later than 30 days after the change is made. The board may require a
manufacturer to confirm the accuracy of the data on a quarterly basis. If a manufacturer
fails to provide information required under this paragraph on a timely basis, the board may
assess an administrative penalty of $100 per day. This penalty shall not be considered a
form of disciplinary action.
new text end
new text begin
(b) Effective May 1, 2019, a manufacturer licensed under section 151.252 or a wholesaler
licensed under section 151.47 shall report to the board every sale, delivery, or other
distribution within or into this state of any prescription controlled substance listed in section
152.02, subdivisions 3 to 6, that is made to any practitioner, pharmacy, hospital, veterinary
hospital, or other person who is permitted by section 151.37 to possess controlled substances
for administration or dispensing to patients. Reporting shall be in the manner and format
specified by the board, and shall occur by the 15th day of each calendar month, for sales,
deliveries, and other distributions that occurred during the previous calendar month. If a
manufacturer or wholesaler fails to provide information required under this paragraph on
a timely basis, the board may assess an administrative penalty of $100 per day. This penalty
shall not be considered a form of disciplinary action.
new text end
new text begin
(c) Effective May 1, 2019, any pharmacy licensed under section 151.19 and located
outside of this state, including but not limited to community, long-term care, mail order,
and compounding and central service pharmacies, must report the dispensing of controlled
substances to patients located within this state. Reporting shall be in the manner and format
specified by the board, and shall occur by the 15th day of each month for dispensing that
occurred during the previous calendar month. If a pharmacy fails to provide information
required under this paragraph on a timely basis, the board may assess an administrative
penalty of $100 per day. This penalty shall not be considered a form of disciplinary action.
new text end
new text begin
(d) Effective May 1, 2019, the owners of pharmacies that are located within this state
must report the intracompany delivery or distribution, into this state, of the drugs listed in
subdivision 1, to the extent that those deliveries and distributions are not reported to the
board by a licensed wholesaler owned by, under contract to, or otherwise operating on behalf
of the owner of the pharmacies. Reporting shall be in the manner and format specified by
the board, and shall occur by the 15th day of each month for deliveries and distributions
that occurred during the previous calendar month. If a pharmacy fails to provide information
required under this paragraph on a timely basis, the board may assess an administrative
penalty of $100 per day. This penalty shall not be considered a form of disciplinary action.
new text end
new text begin Subd. 3. new text end
new text begin Invoicing and payment. new text end
new text begin
(a) The board, beginning July 1, 2019, and at least
quarterly thereafter, shall use the data submitted under subdivision 2 to prepare invoices
for each manufacturer that is required to pay the opioid stewardship fee required by this
section. The invoices for each quarter shall be prepared and sent to manufacturers no later
than 60 days after the end of each quarter. Manufacturers shall remit payment to the board
by no later than 30 days after the date of the invoice. If a manufacturer fails to remit payment
by that date, the board shall charge interest at the rate that manufacturers are charged interest
for making late Medicaid rebate payments.
new text end
new text begin
(b) A manufacturer may dispute the amount invoiced by the board no later than 30 days
after the date of the invoice. However, the manufacturer must still remit payment for the
amount invoiced as required by this section. The dispute shall be filed with the board in the
manner and using the forms specified by the board. A manufacturer must submit, with the
required forms, data satisfactory to the board that demonstrates that the original amount
invoiced was incorrect. The board shall make a decision concerning a dispute no later than
60 days after receiving the required forms. If the board determines that the manufacturer
has satisfactorily demonstrated that the original fee invoiced by the board was incorrect,
the board shall reimburse the manufacturer for any amount that is in excess of the correct
amount that should have been invoiced. The board shall make this reimbursement when it
notifies the manufacturer of its decision.
new text end
new text begin Subd. 4. new text end
new text begin Calculation of fees. new text end
new text begin
(a) The board shall calculate the fee that is to be paid by
using a base rate for all drugs and multipliers of the base rate for certain drugs and dosage
forms as specified in this subdivision.
new text end
new text begin
(b) The base rate shall be $0.01 per unit distributed or dispensed. A unit is each capsule,
tablet, milliliter, gram, patch, or other commonly accepted unit.
new text end
new text begin
(c) An active ingredient multiplier of 10 shall be applied to the base for Schedule II
opium derivatives and opiates, as defined in section 152.02, subdivision 3, except as further
defined below:
new text end
new text begin
(1) oxycodone: 15;
new text end
new text begin
(2) oxymorphone: 15;
new text end
new text begin
(3) hydromorphone: 15;
new text end
new text begin
(4) methadone: 20; and
new text end
new text begin
(5) fentanyl: 20.
new text end
new text begin
(d) In addition to the active ingredient multiplier, a dosage form multiplier shall be
applied to the base as follows:
new text end
new text begin
(1) liquid: 0.2; and
new text end
new text begin
(2) patch: 20.
new text end
Sec. 3.
new text begin
[151.2522] OPIOID STEWARDSHIP FUND.
new text end
new text begin
The opioid stewardship fund is established in the state treasury. The fees collected by
the Board of Pharmacy under section 151.2521 shall be deposited into the opioid stewardship
fund unless otherwise specifically designated by law. Any interest or profit accruing from
investment of these sums is deposited in the opioid stewardship fund.
new text end
Sec. 4.
Minnesota Statutes 2016, section 152.126, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin
Integration of access to the prescription monitoring program into electronic
health records.
new text end
new text begin
The board may enter into a contract with a vendor who provides a product
or service that allows health care providers to integrate access to the prescription monitoring
program into the provider's electronic health record or pharmacy software system. The value
of the contract shall be limited to funds appropriated for this purpose. Such integration shall
not modify any requirements of this section regarding the information that must be reported
to the database, who can access the database and for what purpose, and the data classification
of information in the database.
new text end
ARTICLE 7
HEALTH DEPARTMENT
Section 1. new text begin CITATION.
new text end
new text begin
Sections 1 to 57 may be cited as the "Older and Vulnerable Adults Rights and Protection
Act of 2018."
new text end
Sec. 2.
Minnesota Statutes 2016, section 144.291, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.
(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.
(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues involved
in the electronic exchange of health records between the entities for the delivery of patient
care.
(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.
(d) "Identifying information" means the patient's name, address, date of birth, gender,
parent's or guardian's name regardless of the age of the patient, and other nonclinical data
which can be used to uniquely identify a patient.
(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.
(f) "Medical emergency" means medically necessary care which is immediately needed
to preserve life, prevent serious impairment to bodily functions, organs, or parts, or prevent
placing the physical or mental health of the patient in serious jeopardy.
(g) "Patient" meansnew text begin :
new text end
new text begin (1)new text end a natural person who has received health care services from a provider for treatment
or examination of a medical, psychiatric, or mental conditiondeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the surviving spousenew text begin , children, sibling, guardian, conservator,new text end and parents of a
deceased patient, deleted text begin ordeleted text end new text begin unless the authority of the surviving spouse, children, sibling, guardian,
conservator, or parents has been restricted by either a court or the deceased person who
received health care services;
new text end
new text begin (3) new text end a person the patient appoints in writing as a representative, including a health care
agent acting according to chapter 145C, unless the authority of the agent has been limited
by the principal in the principal's health care directivedeleted text begin .deleted text end new text begin ; and
new text end
new text begin (4)new text end except for minors who have received health care services under sections 144.341 to
144.347, in the case of a minor, patient includes a parent or guardian, or a person acting as
a parent or guardian in the absence of a parent or guardian.
(h) "Patient information service" means a service providing the following query options:
a record locator service as defined in paragraph (j) or a master patient index or clinical data
repository as defined in section 62J.498, subdivision 1.
(i) "Provider" means:
(1) any person who furnishes health care services and is regulated to furnish the services
under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A, 151, 153, or
153A;
(2) a home care provider licensed under section 144A.471;
(3) a health care facility licensed under this chapter or chapter 144A; and
(4) a physician assistant registered under chapter 147A.
(j) "Record locator service" means an electronic index of patient identifying information
that directs providers in a health information exchange to the location of patient health
records held by providers and group purchasers.
(k) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3, paragraph (b), of the provider releasing the health records.
Sec. 3.
Minnesota Statutes 2016, section 144.6501, subdivision 3, is amended to read:
Subd. 3.
Contracts of admission.
(a) A facility shall make complete unsigned copies
of its admission contract available to potential applicants and to the state or local long-term
care ombudsman immediately upon request.
(b) A facility shall post conspicuously within the facility, in a location accessible to
public view, either a complete copy of its admission contract or notice of its availability
from the facility.
(c) An admission contract must be printed in black type of at least ten-point type size.
The facility shall give a complete copy of the admission contract to the resident or the
resident's legal representative promptly after it has been signed by the resident or legal
representative.new text begin The admission contract must contain the name, address, and contact
information of the current owner, manager, and, if different from the owner, license holder,
of the facility, and the name and physical mailing address, which may not be a public or
private post office box, of at least one natural person who is authorized to accept service of
process. Upon admission, and whenever there is a change in the owner, manager, or license
holder, the facility must provide written notice within five business days of the change to
the resident or resident's legal representative of a new owner, manager, and, if different
from the owner, license holder of the facility, and the name and physical mailing address,
which may not be a public or private post office box, of any new or additional natural person
not identified in the admission contract who is authorized to accept service of process.
new text end
(d) An admission contract is a consumer contract under sections 325G.29 to 325G.37.
(e) All admission contracts must state in bold capital letters the following notice to
applicants for admission: "NOTICE TO APPLICANTS FOR ADMISSION. READ YOUR
ADMISSION CONTRACT. ORAL STATEMENTS OR COMMENTS MADE BY THE
FACILITY OR YOU OR YOUR REPRESENTATIVE ARE NOT PART OF YOUR
ADMISSION CONTRACT UNLESS THEY ARE ALSO IN WRITING. DO NOT RELY
ON ORAL STATEMENTS OR COMMENTS THAT ARE NOT INCLUDED IN THE
WRITTEN ADMISSION CONTRACT."
Sec. 4.
Minnesota Statutes 2016, section 144.651, subdivision 1, is amended to read:
Subdivision 1.
Legislative intent.
It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. new text begin It is the intent of this section that every patient's and resident's civil and
religious liberties, including the right to independent personal decisions and knowledge of
available choices, must not be infringed and that the facility must encourage and assist in
the fullest possible exercise of these rights. The rights provided under this section are
established for the benefit of patients and residents. new text end No health care facility may require new text begin or
request new text end a patient or resident to waive new text begin any of new text end these rights new text begin at any time or for any reason
including new text end as a condition of admission to the facility. deleted text begin Any guardian or conservator of a patient
or resident or, in the absence of a guardian or conservator,deleted text end An interested persondeleted text begin ,deleted text end may seek
enforcement of these rights on behalf of a patient or residentnew text begin , as provided under section
144.6512new text end . deleted text begin An interested person may also seek enforcement of these rights on behalf of a
patient or resident who has a guardian or conservator through administrative agencies or in
district court having jurisdiction over guardianships and conservatorships.deleted text end Pending the
outcome of an enforcement proceeding the health care facility may, in good faith, comply
with the instructions of a guardian or conservator. deleted text begin It is the intent of this section that every
patient's civil and religious liberties, including the right to independent personal decisions
and knowledge of available choices, shall not be infringed and that the facility shall encourage
and assist in the fullest possible exercise of these rights.
deleted text end
Sec. 5.
Minnesota Statutes 2016, section 144.651, subdivision 2, is amended to read:
Subd. 2.
Definitions.
new text begin (a) new text end For the purposes of this section, new text begin the terms defined in this
subdivision have the meanings given them.
new text end
new text begin (b) new text end "Patient" meansnew text begin :
new text end
new text begin (1)new text end a person who is admitted to an acute care inpatient facility for a continuous period
longer than 24 hours, for the purpose of diagnosis or treatment bearing on the physical or
mental health of that persondeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) a minor who is admitted to a residential program as defined in section 253C.01;
new text end
new text begin (3)new text end for purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, deleted text begin "patient" also meansdeleted text end
a person who receives health care services at an outpatient surgical center or at a birth center
licensed under section 144.615deleted text begin . "Patient" also means a minor who is admitted to a residential
program as defined in section 253C.01.deleted text end new text begin ; and
new text end
new text begin (4)new text end for purposes of subdivisions 1, 3 to 16, 18, 20new text begin ,new text end and 30, deleted text begin "patient" also meansdeleted text end any
person who is receiving mental health treatment on an outpatient basis or in a community
support program or other community-based program.
new text begin (c)new text end "Resident" means a person who is admitted tonew text begin , resides in, or receives services from:
new text end
new text begin (1)new text end a nonacute care facility including extended care facilitiesdeleted text begin , nursing homes, anddeleted text end new text begin ;
new text end
new text begin
(2) an establishment operating under an assisted living license;
new text end
new text begin
(3) a licensed home care service provider in a unit registered as a housing with services
establishment under chapter 144D;
new text end
new text begin
(4) a nursing home;
new text end
new text begin (5) anew text end boarding care deleted text begin homesdeleted text end new text begin homenew text end for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing agedeleted text begin .deleted text end new text begin ; and
new text end
new text begin (6)new text end for purposes of all subdivisions except subdivisions 28 and 29, deleted text begin "resident" also means
a person who is admitted todeleted text end a facility licensed as a board and lodging facility under Minnesota
Rules, deleted text begin parts 4625.0100 to 4625.2355deleted text end new text begin chapter 4625new text end , or a supervised living facility under
Minnesota Rules, deleted text begin parts 4665.0100 to 4665.9900deleted text end new text begin chapter 4665new text end , and which operates a
rehabilitation program licensed under Minnesota Rules, parts deleted text begin 9530.6405deleted text end new text begin 9530.6510new text end to
9530.6590.
new text begin
(d) "Facility" means:
new text end
new text begin
(1) an acute care inpatient facility;
new text end
new text begin
(2) a residential program as defined in section 253C.01;
new text end
new text begin
(3) an outpatient surgical center or a birth center licensed under section 144.615;
new text end
new text begin
(4) a community support program or other community-based program providing mental
health treatment;
new text end
new text begin
(5) a nonacute care facility including extended care facilities;
new text end
new text begin
(6) an establishment operating under assisted living title protection under chapter 144G;
new text end
new text begin
(7) a licensed home care services in a unit registered as a housing with services
establishment under chapter 144D;
new text end
new text begin
(8) a nursing home;
new text end
new text begin
(9) a boarding care home for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing age; or
new text end
new text begin
(10) a facility licensed as a board and lodging facility under Minnesota Rules, chapter
4625, or a supervised living facility under Minnesota Rules, chapter 4665, and which operates
a rehabilitation program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590.
new text end
new text begin
(e) "Interested person" includes:
new text end
new text begin
(1) the "resident representative" as defined in Code of Federal Regulations, title 42,
section 483.5; and
new text end
new text begin
(2) the vulnerable adult, resident, or patient.
new text end
new text begin
(f) An interested person who is not a health care agent, guardian, or resident representative
must obtain written verification from the ombudsman for long-term care that the ombudsman
does not object to that interested person seeking enforcement, information, or action on
behalf of the patient or resident. Written verification must include the signature of an
ombudsman for long-term care designee. If a conflict arises between multiple interested
persons seeking enforcement, the ombudsman for long-term care will be consulted.
new text end
Sec. 6.
Minnesota Statutes 2016, section 144.651, subdivision 4, is amended to read:
Subd. 4.
Information about rights.
Patients and residents shall, at admission, be told
that there are legal rights for their protection during their stay at the facility or throughout
their course of treatment and maintenance in the community and that these are described
in an accompanying written statement new text begin in plain language and in terms patients and residents
can understand new text end of the applicable rights and responsibilities set forth in this section. In the
case of patients admitted to residential programs as defined in section 253C.01, the written
statement shall also describe the right of a person 16 years old or older to request release
as provided in section 253B.04, subdivision 2, and shall list the names and telephone numbers
of individuals and organizations that provide advocacy and legal services for patients in
residential programsnew text begin , and the name and address of the state or county agencynew text end . Reasonable
accommodations shall be made for people who have communication disabilities and those
who speak a language other than English. Current facility policies, inspection findings of
state and local health authorities, and further explanation of the written statement of rights
shall be available to patients, residents, their guardians or their chosen representatives upon
reasonable request to the administrator or other designated staff person, consistent with
chapter 13, the Data Practices Act, and section 626.557, relating to vulnerable adults.
Sec. 7.
Minnesota Statutes 2016, section 144.651, subdivision 6, is amended to read:
Subd. 6.
Appropriate health care.
Patients and residents shall have the right to
appropriate medical and personal care based on individual needs. Appropriate care for
residents means care designed to enable residents to achieve their highest level of physical
and mental functioningdeleted text begin .deleted text end new text begin , provided with continuity of staff assignment as far as facility policy
allows by persons who are properly trained and competent to perform their duties.new text end This
right is limited where the service is not reimbursable by public or private resources.
Sec. 8.
Minnesota Statutes 2016, section 144.651, subdivision 14, is amended to read:
Subd. 14.
Freedom from maltreatment.
new text begin (a) new text end Patients and residents shall be free from
maltreatment as defined in the Vulnerable Adults Protection Act. "Maltreatment" means
conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic
infliction of physical pain or injury, or any persistent course of conduct intended to produce
mental or emotional distress.new text begin Every patient and resident has the right to immediate notification
by a facility of suspected maltreatment of a patient or resident, including the details of any
report submitted to the common entry point, as defined in section 626.5572, subdivision 5,
by the licensed care provider under section 626.557. The names and contact information of
alleged perpetrators, employees, other residents, or members of the public in the report must
be redacted along with personal identifying information before release by the facility. An
interested person, as define in section 626.5572, subdivision 12a, also has the right to
redacted information about suspected maltreatment. Consistent with federal laws, the facility
and commissioner of health must protect the name and identity of a complainant.
new text end
new text begin (b)new text end Every patient and resident shall also be free from nontherapeutic chemical and
physical restraints, except in fully documented emergencies, or as authorized in writing
after examination by a patient's or resident's physician for a specified and limited period of
time, and only when necessary to protect the resident from self-injury or injury to others.
Sec. 9.
Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision to
read:
new text begin Subd. 14a. new text end
new text begin Placement of cameras in private space. new text end
new text begin
(a) For the purposes of this
subdivision:
new text end
new text begin
(1) "resident representative" has the meaning given in Code of Federal Regulations, title
42, section 483.5; and
new text end
new text begin
(2) "camera" includes all electronic monitoring devices.
new text end
new text begin
(b) Every resident has the right to place a camera in the resident's private space. A facility
shall not interfere with the placement. The resident may define when, where, and under
what circumstances the camera may be temporarily turned off and has the right to change
these preferences at any time.
new text end
new text begin
(c) If the resident resides in shared space, the resident must document a discussion
regarding placement of a camera with any roommate or the roommate's guardian or health
care agent and include a written verification that consent is given. If consent from the
roommate or the roommate's guardian or health care agent cannot be obtained, the facility
must make a reasonable accommodation to either provide a private room or another shared
room in which the roommate consents to placement of a camera.
new text end
new text begin
(d) Costs for placement of a camera are incurred by the resident, except that the resident
may utilize the facility's Internet service if otherwise made available to the resident.
new text end
new text begin
(e) A health care agent or guardian may place a camera in the resident's private space
on behalf of the resident after documenting a discussion with the resident, which includes
informing the resident of the resident's right to privacy and a right to be free from
maltreatment, and obtaining written verification that the resident does not object to the
placement of a camera in the resident's private space.
new text end
new text begin
(f) A resident representative who is not the health care agent or guardian may place a
camera in the resident's private space on behalf of the resident after documenting a discussion
with any health care agent or guardian of the resident regarding the placement and obtaining
written verification that the resident and any health care agent or guardian do not object to
the placement.
new text end
new text begin
(g) An interested person who is not the health care agent, guardian, or resident
representative may place a camera in the resident's private space on behalf of the resident
after documenting a discussion with any health care agent, guardian, or resident representative
of the resident regarding the placement, and obtaining written verification that the health
care agent, guardian, or resident representative does not object to the placement. Where
there is no health care agent, guardian, or resident representative of the resident, an interested
person must document a discussion with the ombudsman for long-term care regarding the
placement and obtain written verification that the ombudsman does not object to the
placement. If conflict arises between multiple interested parties, the ombudsman for long-term
care must be consulted.
new text end
new text begin
(h) The health care agent, guardian, resident representative, or interested person who
has placed the camera after discussion with the resident, may define when, where, and under
what circumstances the camera be temporarily turned off and has the right to change these
preferences at any time.
new text end
new text begin
(i) No one may seek placement of a camera in the resident's private space on behalf of
a resident if the placement has been restricted or rescinded in writing by a resident or a
court.
new text end
new text begin
(j) The facility may not tamper with or remove any camera placed in the resident's private
space or attempt to persuade, coerce, or influence the resident not to place a camera in the
resident's private space. The facility shall not retaliate against the resident for placement of
a camera. A facility does not violate Minnesota law or rules if a camera for which the facility
was unaware is found during a survey or investigation by the Department of Health.
new text end
Sec. 10.
Minnesota Statutes 2016, section 144.651, subdivision 16, is amended to read:
Subd. 16.
Confidentiality of records.
Patients and residents shall be assured confidential
treatment of their personalnew text begin , financial,new text end and medical records, and may approve or refuse their
release to any individual outside the facility. Residents shall be notified when personal
records are requested by any individual outside the facility and may select someone to
accompany them when the records or information are the subject of a personal interview.
new text begin Patients and residents have a right to access their own records and written information from
those records. new text end Copies of records and written information from the records shall be made
available in accordance with this subdivision and sections 144.291 to 144.298. This right
does not apply to complaint investigations and inspections by the Department of Health,
where required by third-party payment contracts, or where otherwise provided by law.
Sec. 11.
Minnesota Statutes 2016, section 144.651, subdivision 17, is amended to read:
Subd. 17.
Disclosure of services available.
Patients and residents shall be informed,
prior to or at the time of admission and during their stay, of services which are included in
the facility's basic per diem or daily room rate and that other services are available at
additional charges. new text begin Patients and residents have the right to 30 days' advance notice of changes
in charges. As required under section 504B.178, a facility may not collect a nonrefundable
security deposit unless it is applied to the first month's charges. Facilities and providers are
prohibited from charging fees because a patient or resident exercises the right to refuse
treatment or medication, when the patient or resident chooses pharmacies or other health
professionals other than the ones selected or preferred by the facility or provider. new text end Facilities
shall make every effort to assist patients and residents in obtaining information regarding
whether the Medicare or medical assistance program will pay for any or all of the
aforementioned services.
Sec. 12.
Minnesota Statutes 2016, section 144.651, subdivision 20, is amended to read:
Subd. 20.
Grievances.
new text begin (a) new text end Patients and residents shall be encouraged and assisted,
throughout their stay in a facility or their course of treatment, to understand and exercise
their rights as patients, residents, and citizens. Patients and residents may voice grievancesnew text begin ,
assert the rights granted under this section personally, or have these rights asserted by an
interested person,new text end and recommend changes in policies and services to facility staff and
others of their choice, free from restraint, interference, coercion, discrimination, new text begin retaliation,
new text end or reprisal, including threat of discharge. deleted text begin Notice of the grievance procedure of the facility
or program, as well as addresses and telephone numbers for the Office of Health Facility
Complaints and the area nursing home ombudsman pursuant to the Older Americans Act,
section 307(a)(12) shall be posted in a conspicuous place.
deleted text end
new text begin
(b) Patients, residents, and interested persons have the right to complain about services
that are provided, services that are not being provided, and the lack of courtesy or respect
to the patient or resident or the patient's or resident's property. The facility must investigate
and attempt resolution of the complaint or grievance. The facility must inform the patient
or resident of the name and contact information of the staff person who is responsible for
handling grievances.
new text end
new text begin
(c) Notice must be posted in a conspicuous place and available to any patient or resident
upon request of the facility's or program's grievance procedure, as well as telephone numbers
and, where applicable, addresses for the common entry point defined under section 626.5572,
subdivision 5, a protection and advocacy agency, and the area nursing home ombudsman
pursuant to the Older Americans Act, section 307(a)(12).
new text end
new text begin (d) new text end Every acute care inpatient facility, every residential program as defined in section
253C.01, every nonacute care facility, and every facility employing more than two people
that provides outpatient mental health services shall have a written internal grievance
procedure that, at a minimum, sets forth the process to be followed; specifies time limits,
including time limits for facility response; provides for the patient or resident to have the
assistance of an advocate; requires a written response to written grievances; and provides
for a timely decision by an impartial decision maker if the grievance is not otherwise resolved.
Compliance by hospitals, residential programs as defined in section 253C.01 which are
hospital-based primary treatment programs, and outpatient surgery centers with section
144.691 and compliance by health maintenance organizations with section 62D.11 is deemed
to be compliance with the requirement for a written internal grievance procedure.
Sec. 13.
Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:
Subd. 21.
Communication privacy.
Patients and residents may associate and
communicate privately with persons of their choice and enter and, except as provided by
the Minnesota Commitment Act, leave the facility as they choose. Patients and residents
shall have access, at their new text begin own new text end expensenew text begin unless provided by the facilitynew text end , to writing instruments,
stationery, deleted text begin anddeleted text end postagenew text begin , Internet service, and placement of a video or Web camera, or other
electronic monitoring devices in the patient's or resident's roomnew text end . Personal mail shall be sent
without interference and received unopened unless medically or programmatically
contraindicated and documented by the physician in the medical record. There shall be
access to a telephone where patients and residents can make and receive calls as well as
speak privately. Facilities which are unable to provide a private area shall make reasonable
arrangements to accommodate the privacy of patients' or residents' calls. Upon admission
to a facility where federal law prohibits unauthorized disclosure of patient or resident
identifying information to callers and visitors, the patient or resident, or the legal guardian
or conservator of the patient or resident, shall be given the opportunity to authorize disclosure
of the patient's or resident's presence in the facility to callers and visitors who may seek to
communicate with the patient or resident. To the extent possible, the legal guardian or
conservator of a patient or resident shall consider the opinions of the patient or resident
regarding the disclosure of the patient's or resident's presence in the facility. This right is
limited where medically inadvisable, as documented by the attending physician in a patient's
or resident's care record. Where programmatically limited by a facility abuse prevention
plan pursuant to section 626.557, subdivision 14, paragraph (b), this right shall also be
limited accordingly.
Sec. 14.
Minnesota Statutes 2016, section 144.651, is amended by adding a subdivision
to read:
new text begin Subd. 34. new text end
new text begin Retaliation prohibited. new text end
new text begin
(a) A facility or person must not retaliate against a
patient, resident, employee, or interested person who:
new text end
new text begin
(1) files a complaint or grievance or asserts any rights on behalf of the patient or resident
as provided under subdivision 20;
new text end
new text begin
(2) submits a suspected maltreatment report, whether mandatory or voluntary, on behalf
of the patient or resident under section 626.557, subdivision 3, 4, or 4a;
new text end
new text begin
(3) advocates on behalf of the patient or resident for necessary or improved care and
services or enforcement of rights under this section or other law;
new text end
new text begin
(4) contracts to receive services from a service provider of the patient's or resident's
choice; or
new text end
new text begin
(5) places a camera or electronic monitoring device in the resident's private space pursuant
to subdivision 14a.
new text end
new text begin
(b) There is a rebuttable presumption that adverse action is retaliatory if taken against
a patient, resident, employee, or interested person within 90 days of a patient, resident,
employee, or interested person filing a grievance as provided in paragraph (a), submitting
a suspected maltreatment report, or otherwise advocating on behalf of a patient or resident.
new text end
new text begin
(c) For purposes of this section, "adverse action" means only action taken by a facility
or person against the patient, resident, employee, or interested person that includes but is
not limited to:
new text end
new text begin
(1) discharge or transfer from the facility;
new text end
new text begin
(2) discharge from or termination of employment;
new text end
new text begin
(3) demotion or reduction in remuneration for services;
new text end
new text begin
(4) restriction or prohibition of access either to the facility or to the patient or resident,
including issuing a no trespass order pursuant to section 609.605;
new text end
new text begin
(5) any restriction of any of the rights set forth in state or federal law;
new text end
new text begin
(6) any restriction of access to or use of amenities or services;
new text end
new text begin
(7) termination of services or lease agreement, or both;
new text end
new text begin
(8) a sudden increase in costs for services not already contemplated at the time of the
action taken;
new text end
new text begin
(9) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices of the patient or resident;
new text end
new text begin
(10) filing a maltreatment report in bad faith; or
new text end
new text begin
(11) making any oral or written communication of false information about a person
advocating on behalf of the patient or resident.
new text end
Sec. 15.
new text begin
[144.6511] DECEPTIVE MARKETING AND BUSINESS PRACTICES.
new text end
new text begin
(a) Deceptive marketing and business practices are prohibited by home care providers,
assisted living settings, and housing with services establishments.
new text end
new text begin
(b) For the purposes of this section, it is a deceptive practice for a facility listed in section
144.651, subdivision 2, to:
new text end
new text begin
(1) make any false, fraudulent, deceptive, or misleading statements in marketing,
advertising, or any other oral or written description or representation of care or services,
whether in oral, written, or electronic form;
new text end
new text begin
(2) arrange for or provide health care or services that are inferior to, substantially different
from, or substantially more expensive than those offered, promised, marketed, or advertised;
new text end
new text begin
(3) fail to deliver any care or services the provider or facility promised or represented
that the facility was able to provide;
new text end
new text begin
(4) fail to inform the patient or resident in writing of any limitations to care services
available prior to executing a contract for admission;
new text end
new text begin
(5) discharge or terminate the lease or services of a patient or resident following a required
period of private pay who then receives benefits under the medical assistance elderly waiver
program after the facility has made an oral or written promise to continue the same services
provided under private pay and accept medical assistance elderly waiver payments after the
expiration of the private pay period;
new text end
new text begin
(6) fail to disclose and clearly explain the purpose of a nonrefundable community fee
or other fee prior to contracting for services with a patient or resident;
new text end
new text begin
(7) advertise or represent, orally or in writing, that the facility is or has a special care
unit, such as for dementia or memory care, without complying with training and disclosure
requirements under sections 144D.065 and 325F.72, and any other applicable law; or
new text end
new text begin
(8) misstate the statutory definitions of the terms "facility," "contract of admission,"
"admission contract," "admission agreement," "legal representative," or "responsible party"
contrary to section 144.6501
new text end
Sec. 16.
new text begin
[144.6512] ENFORCEMENT OF THE HEALTH CARE BILL OF RIGHTS.
new text end
new text begin
(a) In addition to the remedies otherwise provided by or available under law, a patient
or resident, or an interested person on behalf of the patient or resident, may bring a civil
action in state district court to recover the greater of actual, incidental, and consequential
damages or $5,000, together with costs and disbursements, including costs of investigation
and reasonable attorney fees, and receive other equitable relief including punitive damages
as determined by the court for a violation of any provision of sections 144.651 to 144.6511
or section 144.6501, subdivision 2.
new text end
new text begin
(b) For the purposes of this section:
new text end
new text begin
(1) "patient" has the meaning given in section 144.651, subdivision 2, paragraph (b);
new text end
new text begin
(2) "resident" has the meaning given in section 144.651, subdivision 2, paragraph (c);
and
new text end
new text begin
(3) "interested person" has the meaning given in section 524.5-102.
new text end
Sec. 17.
Minnesota Statutes 2016, section 144A.10, subdivision 1, is amended to read:
Subdivision 1.
Enforcement authority.
The commissioner of health is the exclusive
state agency charged with the responsibility and duty of inspecting all facilities required to
be licensed under section 144A.02deleted text begin .deleted text end new text begin , and issuing correction orders and imposing fines as
provided in this section, section 144.651, or 626.557, Minnesota Rules, chapter 4658, or
any other applicable law.new text end The commissioner of health shall enforce the rules established
pursuant to sections 144A.01 to 144A.155, subject only to the authority of the Department
of Public Safety respecting the enforcement of fire and safety standards in nursing homes
and the responsibility of the commissioner of human services under sections 245A.01 to
245A.16 or 252.28.
The commissioner may request and must be given access to relevant information, records,
incident reports, or other documents in the possession of a licensed facility if the
commissioner considers them necessary for the discharge of responsibilities. For the purposes
of inspections and securing information to determine compliance with the licensure laws
and rules, the commissioner need not present a release, waiver, or consent of the individual.
The identities of patients or residents must be kept private as defined by section 13.02,
subdivision 12.
Sec. 18.
Minnesota Statutes 2016, section 144A.10, subdivision 6, is amended to read:
Subd. 6.
Fines.
A nursing home which is issued a notice of noncompliance with a
correction order shall be assessed a civil fine in accordance with a schedule of fines
established by the commissioner of health before December 1, 1983. new text begin A nursing home's
refusal to cooperate in providing lawfully requested information is grounds for a correction
order and a fine of $1,000 per instance the correct information is not provided to the
commissioner in the time requested. new text end In establishing the schedule of fines, the commissioner
shall consider the potential for harm presented to any resident as a result of noncompliance
with each statute or rule. The fine shall be assessed for each day the facility remains in
noncompliance and until a notice of correction is received by the commissioner of health
in accordance with subdivision 7. deleted text begin No fine for a specific violation may exceed $500 per day
of noncompliance.
deleted text end
Sec. 19.
Minnesota Statutes 2016, section 144A.44, is amended to read:
144A.44 HOME CARE BILL OF RIGHTS.
Subdivision 1.
deleted text begin Statement of rightsdeleted text end new text begin Scopenew text end .
deleted text begin
A person who receives home care services
has these rights:
deleted text end
new text begin
All home care providers, including those exempt under section 144A.471,
subdivision 8, must comply with this section.
new text end
new text begin Subd. 1a. new text end
new text begin Statement of rights. new text end
new text begin
(a) A person who receives home care services has the
right to:
new text end
(1) deleted text begin the right todeleted text end receive written information about rights before receiving services,
including what to do if rights are violated;
(2) deleted text begin the right todeleted text end receive care and services according to a suitable and up-to-date plan, and
subject to accepted health care, medical or nursing standards, to take an active part in
developing, modifying, and evaluating the plan and services;
(3) deleted text begin the right todeleted text end be told before receiving services the type and disciplines of staff who
will be providing the services, the frequency of visits proposed to be furnished, other choices
that are available for addressing home care needs, and the potential consequences of refusing
these services;
(4) deleted text begin the right todeleted text end be told in advance of any recommended changes by the provider in the
service plan and to take an active part in any decisions about changes to the service plan;
(5) deleted text begin the right todeleted text end refuse services or treatment;
(6) deleted text begin the right todeleted text end know, before receiving services or during the initial visit, any limits to
the services available from a home care provider;
(7) deleted text begin the right todeleted text end be told before services are initiated what the provider charges for the
services; to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and what charges the client may be responsible for paying;
(8) deleted text begin the right todeleted text end know that there may be other services available in the community,
including other home care services and providers, and to know where to find information
about these services;
(9) deleted text begin the right todeleted text end choose freely among available providers and to change providers after
services have begun, within the limits of health insurance, long-term care insurance, medical
assistance, or other health programs;
(10) deleted text begin the right todeleted text end have personal, financial, and medical information kept private, and to
be advised of the provider's policies and procedures regarding disclosure of such information;
(11) deleted text begin the right todeleted text end access the client's own records and written information from those
records in accordance with sections 144.291 to 144.298;
(12) deleted text begin the right todeleted text end be served by people who are properly trained and competent to perform
their duties;
(13) deleted text begin the right todeleted text end be treated with courtesy and respect, and to have the client's property
treated with respect;
(14) deleted text begin the right todeleted text end be free from physical and verbal abuse, neglect, financial exploitation,
and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment
of Minors Act;
(15) deleted text begin the right todeleted text end reasonable, advance notice of changes in services or charges;
(16) deleted text begin the right todeleted text end know the provider's reason for termination of services;
(17) deleted text begin the right todeleted text end at least deleted text begin tendeleted text end new text begin 30new text end days' advance notice of the termination of a service by a
provider, except in cases where:
(i) the client engages in conduct that significantly alters the terms of the service plan
with the home care provider;
(ii) the client, person who lives with the client, or others create an abusive or unsafe
work environment for the person providing home care services; or
(iii) an emergency or a significant change in the client's condition has resulted in service
needs that exceed the current service plan and that cannot be safely met by the home care
provider;
(18) deleted text begin the right todeleted text end a coordinated transfer when there will be a change in the provider of
services;
(19) deleted text begin the right todeleted text end complain about services that are provided, or fail to be provided, and
the lack of courtesy or respect to the client or the client's property;
(20) deleted text begin the right todeleted text end know how to contact an individual associated with the home care provider
who is responsible for handling problems and to have the home care provider investigate
and attempt to resolve the grievance or complaint;
(21) deleted text begin the right todeleted text end know the name and address of the state or county agency to contact for
additional information or assistance; deleted text begin and
deleted text end
(22) deleted text begin the right todeleted text end assert these rights personally, or have them asserted by the client's
representative or by anyone on behalf of the client, without retaliationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(23) reasonable access at reasonable times to available rights protection or legal and
advocacy services so that the client may receive assistance in understanding, exercising,
and protecting the rights in this section and other law.
new text end
new text begin
(b) A home care provider shall:
new text end
new text begin
(1) encourage and assist in the fullest possible exercise of these rights;
new text end
new text begin
(2) provide the names and telephone numbers of at least three individuals and
organizations that provide advocacy and legal services for clients;
new text end
new text begin
(3) make every effort to assist clients in obtaining information regarding whether the
Medicare or medical assistance program will pay for services;
new text end
new text begin
(4) make reasonable accommodations for people who have communication disabilities
and those who speak a language other than English; and
new text end
new text begin
(5) provide all information and notices in plain language and in terms the client can
understand.
new text end
Subd. 2.
Interpretation and enforcement of rights.
deleted text begin
These rights are established for
the benefit of clients who receive home care services. All home care providers, including
those exempted under section 144A.471, must comply with this section. The commissioner
shall enforce this section and the home care bill of rights requirement against home care
providers exempt from licensure in the same manner as for licensees. A home care provider
may not request or require a client to surrender any of these rights as a condition of receiving
services. This statement of rights does not replace or diminish other rights and liberties that
may exist relative to clients receiving home care services, persons providing home care
services, or providers licensed under sections 144A.43 to 144A.482.
deleted text end
new text begin
The rights provided
under this section are established for the benefit of clients who receive home care services
whether in a licensed assisted living facility or not; do not replace or diminish other rights
and liberties that may exist relative to clients receiving home care services, persons providing
home care services, or providers licensed under sections 144A.43 to 144A.482; and may
not be waived. Any oral or written waiver of the rights provided under this section is void
and unenforceable.
new text end
new text begin Subd. 3. new text end
new text begin Deceptive marketing and business practices. new text end
new text begin
(a) Deceptive marketing and
business practices are prohibited.
new text end
new text begin
(b) For purposes of this section, it is a deceptive marketing and business practice to:
new text end
new text begin
(1) engage in any conduct listed in section 144.6511;
new text end
new text begin
(2) seek or collect a nonrefundable deposit, unless the deposit is applied to the first
month's charges;
new text end
new text begin
(3) fail to disclose and clearly explain the purpose of a nonrefundable community fee
or other fee prior to contracting for services with a client; or
new text end
new text begin
(4) make any oral or written statement or representation, either directly or in marketing
or advertising materials that contradict, conflict with, or otherwise are inconsistent with the
provisions in the admissions agreement, service agreement, contract, lease, or Uniform
Consumer Information Guide under section 144G.06.
new text end
new text begin Subd. 4. new text end
new text begin Enforcement of rights. new text end
new text begin
The commissioner shall enforce this section and the
requirements of the home care bill of rights against home care providers exempt from
licensure in the same manner as for licensees.
new text end
new text begin Subd. 6. new text end
new text begin Private enforcement of rights. new text end
new text begin
In addition to the remedies otherwise available
under law, a person who receives home care services, an assisted living client, or an interested
person on behalf of the person may bring a civil action in state district court and recover
damages, together with costs and disbursements, including costs of investigation, and
reasonable attorney fees, and receive other equitable relief including punitive damages as
determined by the court for a violation of this section and section 144A.441. For purposes
of this section, an interested person has the meaning given in section 144.651, subdivision
2.
new text end
Sec. 20.
Minnesota Statutes 2016, section 144A.441, is amended to read:
144A.441 ASSISTED LIVING BILL OF RIGHTS ADDENDUM.
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 deleted text begin 1deleted text end new text begin 1anew text end , clause (17):
"(17) 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:
(i) the recipient of services deleted text begin 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, ordeleted text end creates new text begin and the home care provider can document new text end an
abusive or unsafe work environment for the individual providing home care services;
(ii) new text begin a doctor or treating physician documents that new text end an emergency deleted text begin for the informal caregiverdeleted text end
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
(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."
Sec. 21.
Minnesota Statutes 2016, section 144A.45, subdivision 1, is amended to read:
Subdivision 1.
Regulations.
The commissioner shall regulate home care providers
pursuant to sections 144A.43 to 144A.482. The regulations shall include the following:
(1) provisions to assure, to the extent possible, the health, safety, well-being, and
appropriate treatment of persons who receive home care services while respecting a client's
autonomy and choice;
(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to 144A.482;
(3) standards of training of home care provider personnel;
(4) standards for provision of home care services;
(5) standards for medication management;
(6) standards for supervision of home care services;
(7) standards for client evaluation or assessment;
(8) requirements for the involvement of a client's health care provider, the documentation
of health care providers' orders, if required, and the client's service plan;
(9) the maintenance of accurate, current client records;
(10) the establishment of basic and comprehensive levels of licenses based on services
provided; and
(11) provisions to enforce these regulations and the home care bill of rightsnew text begin , including
provisions for issuing penalties and fines as allowed under lawnew text end .
Sec. 22.
Minnesota Statutes 2016, section 144A.45, subdivision 2, is amended to read:
Subd. 2.
Regulatory functions.
The commissioner shall:
(1) license, survey, and monitor without advance notice, home care providers in
accordance with sections 144A.43 to 144A.482;
(2) survey every temporary licensee within one year of the temporary license issuance
date subject to the temporary licensee providing home care services to a client or clients;
(3) survey all licensed home care providers on an interval that will promote the health
and safety of clients;
(4) with the consent of the client, visit the home where services are being provided;
(5) issue correction orders and assess civil penalties in accordance with deleted text begin sectiondeleted text end new text begin sectionsnew text end
144.653, subdivisions 5 to 8, new text begin 144A.474, and 144A.475, new text end for violations of sections 144A.43
to 144A.482;
(6) take action as authorized in section 144A.475; and
(7) take other action reasonably required to accomplish the purposes of sections 144A.43
to 144A.482.
Sec. 23.
Minnesota Statutes 2016, section 144A.474, subdivision 1, is amended to read:
Subdivision 1.
Surveys.
The commissioner shall conduct surveys of each home care
provider. deleted text begin By June 30, 2016,deleted text end The commissioner shall conduct a survey of home care providers
on a frequency of at least once every three years. Survey frequency may be based on the
license level, the provider's compliance history, the number of clients served, or other factors
as determined by the department deemed necessary to ensure the health, safety, and welfare
of clients and compliance with the law.new text begin The commissioner shall conduct an annual health
environment and physical plant survey for assisted living licenses effective on February 1,
2020.
new text end
Sec. 24.
Minnesota Statutes 2016, section 144A.474, subdivision 8, is amended to read:
Subd. 8.
Correction orders.
(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.
(b) The commissioner shall mail copies of any correction order to the last known address
of the home care provider, or electronically scan the correction order and e-mail it to the
last known home care provider e-mail address, within 30 calendar days after the survey exit
date. A copy of each correction ordernew text begin , the amount of any fine issued,new text end and copies of any
documentation supplied to the commissioner shall be kept on file by the home care provider,
and deleted text begin publicdeleted text end new text begin thesenew text end documents shall be made available for viewing by any person upon request.
Copies may be kept electronically.
(c) By the correction order date, the home care provider must document in the provider's
records new text begin and submit in writing to the commissioner new text end any action taken to comply with the
correction order. deleted text begin The commissioner may request a copy of this documentation and the home
care provider's action to respond to the correction order in future surveys, upon a complaint
investigation, and as otherwise needed.
deleted text end
Sec. 25.
Minnesota Statutes 2016, section 144A.474, subdivision 9, is amended to read:
Subd. 9.
Follow-up surveys.
For providers that have Level 3 or Level 4 violations under
subdivision 11, or any violations determined to be widespread, the department shall conduct
a follow-up survey within 90 calendar days of the survey. When conducting a follow-up
survey, the surveyor will focus on whether the previous violations have been corrected and
may also address any new violations that are observed while evaluating the corrections that
have been made. If a new violation is identified on a follow-up survey, deleted text begin nodeleted text end new text begin anew text end fine deleted text begin willdeleted text end new text begin maynew text end
be new text begin immediately new text end imposed deleted text begin unless it is not corrected on the next follow-up surveydeleted text end .
Sec. 26.
Minnesota Statutes 2017 Supplement, section 144A.474, subdivision 11, is
amended to read:
Subd. 11.
Fines.
(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (c) as follows:
(1) Level 1, no fines or enforcement;
(2) Level 2, fines ranging from $0 to deleted text begin $500deleted text end new text begin $1,000new text end , in addition to any of the enforcement
mechanisms authorized in section 144A.475 for widespread violations;
(3) Level 3, fines ranging from deleted text begin $500 todeleted text end $1,000new text begin to $5,000new text end , in addition to any of the
enforcement mechanisms authorized in section 144A.475; and
(4) Level 4, fines ranging from deleted text begin $1,000 todeleted text end $5,000new text begin to $10,000new text end , in addition to any of the
enforcement mechanisms authorized in section 144A.475.
(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:
(1) level of violation:
(i) Level 1 is a violation that has no potential to cause more than a minimal impact on
the client and does not affect health or safety;
(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;
(iii) Level 3 is a violation that harmed a client's health or safety, not including serious
injury, impairment, or death, or a violation that has the potential to lead to serious injury,
impairment, or death; and
(iv) Level 4 is a violation that results in serious injury, impairment, or death.
(2) scope of violation:
(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;
(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and
(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.
(c) If the commissioner finds that the applicant or a home care provider required to be
licensed under sections 144A.43 to 144A.482 has not corrected violations by the date
specified in the correction order or conditional license resulting from a survey or complaint
investigation, the commissioner may impose deleted text begin adeleted text end new text begin an additionalnew text end fine. A notice of noncompliance
with a correction order must be mailed to the applicant's or provider's last known address.
The noncompliance notice must list the violations not corrected.
(d) The license holder must pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies by paying the fine. A
timely appeal shall stay payment of the fine until the commissioner issues a final order.
(e) A license holder shall promptly notify the commissioner in writing when a violation
specified in the order is corrected. If upon reinspection the commissioner determines that
a violation has not been corrected as indicated by the order, the commissioner may issue deleted text begin a
seconddeleted text end new text begin an additionalnew text end fine. The commissioner shall notify the license holder by mail to the
last known address in the licensing record that deleted text begin a seconddeleted text end new text begin an additionalnew text end fine has been assessed.
The license holder may appeal the deleted text begin seconddeleted text end new text begin additionalnew text end fine as provided under this subdivision.
(f) A home care provider that has been assessed a fine under this subdivision has a right
to a reconsideration or a hearing under this section and chapter 14.
(g) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder shall be liable for payment of the fine.
(h) In addition to any fine imposed under this section, the commissioner may assess
costs related to an investigation that results in a final order assessing a fine or other
enforcement action authorized by this chapter.
(i) Fines collected under this subdivision shall be deposited in the state government
special revenue fund and credited to an account separate from the revenue collected under
section 144A.472. Subject to an appropriation by the legislature, the revenue from the fines
collected must be used by the commissioner for special projects to improve home care in
Minnesota as recommended by the advisory council established in section 144A.4799.
new text begin
(j) For nursing homes licensed by the commissioner, this section may be used to calculate
the fine amount on nursing homes violating the Vulnerable Adults Act in section 626.557
or other licensing violations.
new text end
Sec. 27.
Minnesota Statutes 2016, section 144A.53, subdivision 1, is amended to read:
Subdivision 1.
Powers.
The director may:
(a) Promulgate by rule, pursuant to chapter 14, and within the limits set forth in
subdivision 2, the methods by which complaints against health facilities, health care
providers, home care providers, or residential care homes, or administrative agencies are
to be made, reviewed, investigated, and acted upon; provided, however, that a fee may not
be charged for filing a complaint.
(b) Recommend legislation and changes in rules to the state commissioner of health,
governor, administrative agencies or the federal government.
(c) Investigate, upon a complaint or upon initiative of the director, any action or failure
to act by a health care provider, home care provider, residential care home, or a health
facility.
(d) Request and receive access to relevant information, records, incident reports, or
documents in the possession of an administrative agency, a health care provider, a home
care provider, a residential care home, or a health facility, and issue investigative subpoenas
to individuals and facilities for oral information and written information, including privileged
information which the director deems necessary for the discharge of responsibilities. For
purposes of investigation and securing information to determine violations, the director
need not present a release, waiver, or consent of an individual. The identities of patients or
residents must be kept private as defined by section 13.02, subdivision 12.
(e) Enter and inspect, at any time, a health facility or residential care home and be
permitted to interview staff; provided that the director shall not unduly interfere with or
disturb the provision of care and services within the facility or home or the activities of a
patient or resident unless the patient or resident consents.
(f) Issue correction orders and assess civil fines deleted text begin pursuant to sectiondeleted text end new text begin for violations of
sections 144.651,new text end 144.653new text begin , 144A.10, 144A.44, 144A.45, and 626.557, Minnesota Rules,
chapters 4655, 4658, 4664, and 4665,new text end or any other law deleted text begin whichdeleted text end new text begin thatnew text end provides for the issuance
of correction orders to health facilities or home care provider, or under section 144A.45.new text begin The
director may use the authority in section 144A.474, subdivision 11, to calculate the fine
amount.new text end A facility's or home's refusal to cooperate in providing lawfully requested
information new text begin within the requested time period new text end may also be grounds for a correction ordernew text begin or
fine at a Level 2 fine pursuant to section 144A.474, subdivision 11new text end .
(g) Recommend the certification or decertification of health facilities pursuant to Title
XVIII or XIX of the United States Social Security Act.
(h) Assist patients or residents of health facilities or residential care homes in the
enforcement of their rights under Minnesota law.
(i) Work with administrative agencies, health facilities, home care providers, residential
care homes, and health care providers and organizations representing consumers on programs
designed to provide information about health facilities to the public and to health facility
residents.
Sec. 28.
Minnesota Statutes 2016, section 144A.53, subdivision 4, is amended to read:
Subd. 4.
Referral of complaints.
new text begin (a) new text end If a complaint received by the director relates to
a matter more properly within the jurisdiction of new text begin law enforcement, new text end an occupational licensing
board or other governmental agency, the director shall forward the complaint deleted text begin to that agencydeleted text end new text begin
appropriatelynew text end and shall inform the complaining party of the forwarding. deleted text begin The
deleted text end
new text begin (b) Annew text end agency shall promptly act in respect to the complaint, and shall inform the
complaining party and the director of its disposition. If a governmental agency receives a
complaint which is more properly within the jurisdiction of the director, it shall promptly
forward the complaint to the director, and shall inform the complaining party of the
forwarding.
new text begin (c)new text end If the director has reason to believe that an official or employeenew text begin , or client or resident,new text end
of an administrative agency, a home care provider, residential care home, or health facility
has acted in a manner warranting criminal or disciplinary proceedings, the director shall
refer the matter to the state commissioner of health, the commissioner of human services,
an appropriate prosecuting authority, or other appropriate agency.
Sec. 29.
Minnesota Statutes 2016, section 144D.01, subdivision 1, is amended to read:
Sec. 30.
Minnesota Statutes 2016, section 144D.02, is amended to read:
144D.02 REGISTRATION REQUIRED.
No entity may establish, operate, conduct, or maintain a housing with services
establishment in this state without registering and operating as required in sections 144D.01
to 144D.06.new text begin By January 1, 2020, all registered housing with services establishments must
designate ten percent of rooms or beds for residents receiving medical assistance services.
Nothing in this section prohibits a housing with services establishment from designating
more than ten percent of rooms or beds for occupancy by residents receiving medical
assistance services.
new text end
Sec. 31.
Minnesota Statutes 2017 Supplement, section 144D.04, subdivision 2, is amended
to read:
Subd. 2.
Contents of contract.
A 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) the 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
of process on behalf of the owner or owners and managing agent;
(5) a 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) the term of the contract;
(7) a description of the services to be provided to the resident in the base rate to be paid
by the resident, including a delineation of the portion of the base rate that constitutes rent
and a delineation of charges for each service included in the base rate;
(8) a description of any additional services, including home care services, available for
an additional fee from the establishment directly or through arrangements with the
establishment, and a schedule of fees charged for these services;
(9) a conspicuous notice informing the tenant of the policy concerning the conditions
under which and the process through which the contract may be modified, amended, or
terminated, including whether a move to a different room or sharing a room would be
required in the event that the tenant can no longer pay the current rent;
(10) a description of the establishment's complaint resolution process available to residents
including the toll-free complaint line for the Office of Ombudsman for Long-Term Care;
(11) the resident's designated representative, if any;
(12) the establishment's referral procedures if the contract is terminated;
(13) requirements of residency used by the establishment to determine who may reside
or continue to reside in the housing with services establishment;
(14) billing and payment procedures and requirements;
(15) a statement regarding the ability of a resident to receive services from service
providers with whom the establishment does not have an arrangement;
(16) a statement regarding the availability of public funds for payment for residence or
services in the establishmentdeleted text begin ;deleted text end andnew text begin the fact that at least ten percent of the rooms or beds in
the housing with services establishment are to be used by residents whose payments are
made under the medical assistance program;
new text end
(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
locateddeleted text begin .deleted text end new text begin ;
new text end
new text begin
(18) a statement that a resident has the right to request a reasonable accommodation;
and
new text end
new text begin
(19) a statement describing the conditions under which a contract may be amended.
new text end
Sec. 32.
new text begin
[144D.085] RELOCATION WITHIN FACILITY.
new text end
new text begin Subdivision 1. new text end
new text begin Notification prior to relocation. new text end
new text begin
A housing with services establishment
or assisted living setting must:
new text end
new text begin
(1) notify a resident and the resident's representative at least ten days prior to a proposed
nonemergency relocation within the facility; and
new text end
new text begin
(2) obtain consent from the resident or the resident's representative to the relocation.
new text end
new text begin Subd. 2. new text end
new text begin Restriction on relocation. new text end
new text begin
A person who has been a private pay resident for
at least one year, resides in a private room, and whose payments subsequently will be made
under the medical assistance program may not be relocated to a shared room without the
consent of the resident or the resident's representative.
new text end
Sec. 33.
Minnesota Statutes 2016, section 144D.09, is amended to read:
144D.09 TERMINATION OF LEASE.
new text begin Subdivision 1. new text end
new text begin Legislative intent. new text end
deleted text begin
The housing with services establishment shall include
with notice of termination of lease information about how to contact the ombudsman for
long-term care, including the address and telephone number along with a statement of how
to request problem-solving assistance.
deleted text end
new text begin
It is the intent of the legislature to ensure to the
greatest extent possible housing stability for persons residing in housing with services
establishments or assisted living settings, and to avoid unnecessary moves either within or
from the housing with services establishments or assisted living settings.
new text end
new text begin Subd. 2. new text end
new text begin Permissible reasons to terminate lease. new text end
new text begin
(a) Notwithstanding chapter 504B, a
housing with services establishment or assisted living setting may terminate a resident's
lease only if:
new text end
new text begin
(1) the resident breaches the lease, which includes failure to pay rent as required, and
has not cured the breach within 30 days of receipt of the notice required under subdivision
3. A breach of a services contract does not constitute a breach of a lease;
new text end
new text begin
(2) the resident holds over beyond the date to vacate mutually agreed upon in writing
by the resident and the housing with services establishment or assisted living setting; or
new text end
new text begin
(3) the resident holds over beyond the date provided by the resident in a notice of
voluntary termination of the lease provided to the housing with services establishment or
assisted living setting.
new text end
new text begin
(b) Notwithstanding paragraph (a), a housing with services establishment or assisted
living setting may immediately commence an eviction if the breach involves any of the acts
listed in section 504B.171, subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Notice of lease termination. new text end
new text begin
A housing with services establishment or assisted
living setting must provide at least 30 days' notice prior to terminating a residential lease,
unless the resident commits a breach of the lease involving any of the acts listed in section
504B.171, subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Contents of notice. new text end
new text begin
The notice of lease termination required under subdivision
3 must include:
new text end
new text begin
(1) the reason for the termination;
new text end
new text begin
(2) the date termination shall occur;
new text end
new text begin
(3) a statement that a lease cannot be terminated without providing the resident an
opportunity to cure the breach of lease, including failure to pay rent;
new text end
new text begin
(4) information on how to contact the Office of Ombudsman for Long-Term Care and
a protection and advocacy agency, including the address and telephone number of both
offices, along with a statement of how to request problem-solving assistance;
new text end
new text begin
(5) a statement that the resident has the right to avoid termination of the lease by paying
the rent in full or curing any breach prior to expiration of 30 days after receipt of the notice;
new text end
new text begin
(6) a statement that the resident has the right to request a meeting with the owner or
manager of the housing with services establishment or assisted living setting to discuss and
attempt to resolve the alleged breach to avoid termination; and
new text end
new text begin
(7) a statement that the resident has the right to appeal the termination of the lease to
the Office of Administrative Hearings and provide the contact information for the Office
of Administrative Hearings including the address, fax number, e-mail, and telephone number.
new text end
new text begin Subd. 5. new text end
new text begin Right to appeal termination of lease. new text end
new text begin
(a) At any time prior to the expiration
of the notice period provided under subdivision 3, a resident may appeal the termination by
making a written request for a hearing to the Office of Administrative Hearings. The Office
of Administrative Hearings must conduct the hearing no later than 14 days after the office
receives the appeal request from the resident. The hearing must be held in the establishment
in which the resident resides, unless impractical or the parties agree to a different place.
Attorney representation is not required at the hearing, nor does appearing without an attorney
constitute the unauthorized practice of law. The hearing shall not be construed as a formal
evidentiary hearing. The hearing may also be attended by telephone as allowed by the
administrative law judge. The hearing shall be limited to the amount of time necessary for
the participants to expeditiously present the facts about the proposed termination. The
administrative law judge shall issue a recommendation to the commissioner within ten
business days after the hearing.
new text end
new text begin
(b) A resident who timely appeals a notice of lease termination may not be evicted by
the housing with services establishment or assisted living setting until the Office of
Administrative Hearings has made a final determination on the appeal in favor of the housing
with services establishment or assisted living setting.
new text end
new text begin
(c) The commissioner of health may direct the housing with services establishment or
assisted living setting to rescind the lease termination or readmit the resident if the Office
of Administrative Hearings holds that the lease termination was in violation of state or
federal law.
new text end
new text begin
(d) The housing with services establishment or assisted living setting must readmit the
resident following a hospitalization if the resident is hospitalized for medical necessity
before resolution of the appeal.
new text end
new text begin
(e) Residents are not required to request a meeting under subdivision 4, prior to submitting
an appeal hearing request.
new text end
new text begin
(f) Nothing in this section limits the right of a resident or the resident's representative
to request or receive assistance from the Office of Ombudsman for Long-Term Care and
the protection and advocacy agency concerning the proposed lease termination.
new text end
new text begin Subd. 6. new text end
new text begin Discharge plan and transfer of information to new residence. new text end
new text begin
(a) A housing
with services establishment or assisted living setting discharging a resident must prepare
an adequate discharge plan that proposes a safe discharge location, is based on the resident's
discharge goals, includes the resident and the resident's case manager and representative,
if any, in discharge planning, and contains a plan for appropriate and sufficient postdischarge
care. A housing with services establishment or assisted living setting may not discharge a
resident if upon discharge the resident will become a homeless individual, as defined in
section 116L.361, subdivision 5.
new text end
new text begin
(b) A housing with services establishment or assisted living setting that proposes to
discharge a resident must assist the resident with applying for and locating a new housing
with services establishment, assisted living setting, or skilled nursing facility in which to
live, including coordinating with the case manager, if any.
new text end
new text begin
(c) Prior to discharge, a housing with services establishment or assisted living setting
must provide to the receiving facility or establishment all information known to the housing
with services establishment related to the resident that is necessary to ensure continuity of
care and services, including at a minimum:
new text end
new text begin
(1) the resident's full name, date of birth, and insurance information;
new text end
new text begin
(2) the name, telephone number, and address of the resident's representative, if any;
new text end
new text begin
(3) the resident's current documented diagnoses;
new text end
new text begin
(4) the resident's known allergies, if any;
new text end
new text begin
(5) the name and telephone number of the resident's physician and current physician
orders;
new text end
new text begin
(6) medication administration records;
new text end
new text begin
(7) the most recent resident assessment; and
new text end
new text begin
(8) copies of health care directives, "do not resuscitate" orders, and guardianship orders
or powers of attorney, if any.
new text end
new text begin
(d) For the purposes of this subdivision, "discharge" means the involuntary relocation
of a resident due to a termination of a lease.
new text end
new text begin Subd. 7. new text end
new text begin Final accounting; return of money and property. new text end
new text begin
Within 30 days of the date
of discharge, the housing with services establishment or assisted living setting shall:
new text end
new text begin
(1) provide to the resident or the resident's representative a final statement of account;
new text end
new text begin
(2) provide any refunds due; and
new text end
new text begin
(3) return any money, property, or valuables held in trust or custody by the establishment.
new text end
Sec. 34.
new text begin
[144D.095] TERMINATION OF SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Legislative intent. new text end
new text begin
It is the intent of the legislature to ensure to the greatest
extent possible consistent and stable services for persons residing in housing with services
establishments and assisted living settings.
new text end
new text begin Subd. 2. new text end
new text begin Notice; permissible reasons to terminate services. new text end
new text begin
(a) Except as provided in
paragraph (b), an arranged home care provider must provide at least 30 days' notice prior
to terminating a service contract. Notwithstanding any other provision of law, an arranged
home care provider may terminate services only if:
new text end
new text begin
(1) the resident engages in conduct that interferes with the home care provider's ability
to carry out the terms of the service plan and cannot be cured by updating or changing the
terms of the service plan; or
new text end
new text begin
(2) the resident breaches the services agreement, including failure to pay for services,
provided the resident has not cured the breach within 30 days of receiving written notice
of the nonpayment.
new text end
new text begin
(b) Notwithstanding paragraph (a), the arranged home care provider may terminate
services with ten days' notice if:
new text end
new text begin
(1) the resident creates, and the provider documents, an abusive or unsafe work
environment for the individual providing home care services; or
new text end
new text begin
(2) a doctor or treating physician documents that an emergency or a significant change
in the resident's condition has resulted in service needs that exceed the current service plan
and that cannot be safely met by the home care provider.
new text end
new text begin Subd. 3. new text end
new text begin Contents of service termination notice. new text end
new text begin
(a) If an arranged home care provider
who is not also Medicare certified terminates a service agreement or service plan with a
resident in a housing with services establishment and assisted living setting, the home care
provider shall provide the resident and the legal or designated representatives of the resident,
if any, with advance written notice of service termination according to subdivision 2, that
must include:
new text end
new text begin
(1) the effective date of service termination;
new text end
new text begin
(2) the reason for service termination;
new text end
new text begin
(3) without extending the termination notice period, an affirmative offer to meet with
the resident or resident's representatives within no more than five business days of the date
of the service termination notice to discuss the termination;
new text end
new text begin
(4) contact information for other home care providers in the geographic area of the
resident, as required by section 144A.4791, subdivision 10;
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 (18);
new text end
new text begin
(6) a statement that the resident has the right to request a meeting with the arranged
home care provider to discuss and attempt to avoid the service termination;
new text end
new text begin
(7) the name and contact information of a representative of the arranged home care
provider with whom the resident may discuss the notice of service termination;
new text end
new text begin
(8) a copy of the home care bill of rights;
new text end
new text begin
(9) a statement that the notice of service termination of home care services by the home
care provider does not constitute notice of termination of the housing with services
establishment or assisted living setting lease; and
new text end
new text begin
(10) a statement that the resident has the right to appeal the service termination to the
Office of Administrative Hearings and provide the contact information for the Office of
Administrative Hearings including the address, fax number, e-mail, and telephone number.
new text end
new text begin Subd. 4. new text end
new text begin Right to appeal service termination. new text end
new text begin
(a) At any time prior to the expiration
of the notice period provided under subdivision 2 and section 144A.441, a resident may
appeal the service termination by making a written request for a hearing to the Office of
Administrative Hearings. The Office of Administrative Hearings must conduct the hearing
no later than 14 days after the office receives the appeal request from the resident. The
hearing must be held in the place where the resident resides, unless it is impractical or the
parties agree to a different place. Attorney representation is not required at the hearing, nor
does appearing without an attorney constitute the unauthorized practice of law. The hearing
shall not be construed as a formal evidentiary hearing. The hearing may also be attended
by telephone as allowed by the administrative law judge. The hearing shall be limited to
the amount of time necessary for the participants to expeditiously present the facts about
the proposed termination. The administrative law judge shall issue a recommendation to
the commissioner within ten business days after the hearing.
new text end
new text begin
(b) The arranged home care provider may not discontinue services to a resident who
timely appeals a notice of service termination until the Office of Administrative Hearings
has made a final determination on the appeal in favor of the housing with services
establishment or assisted living setting.
new text end
new text begin
(c) Residents are not required to request a meeting under subdivision 3, clause (6), prior
to submitting an appeal hearing request.
new text end
new text begin
(d) The commissioner of health may direct the facility to rescind the service contract
termination if the Office of Administrative Hearings holds that the proposed termination
was in violation of state or federal law.
new text end
new text begin
(e) Nothing in this section limits the right of a resident or the resident's representative
to request or receive assistance from the Office of Ombudsman for Long-Term Care and
the protection and advocacy agency concerning the proposed service termination.
new text end
Sec. 35.
Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended
to read:
Subd. 3.
State agency hearings.
(a) State agency hearings are available for the following:
(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;
(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;
(3) a party aggrieved by a ruling of a prepaid health plan;
(4) except as provided under chapter 245Cdeleted text begin ,deleted text end new text begin :
new text end
new text begin (i)new text end any individual or facility determined by a lead investigative agency to have maltreated
a vulnerable adult under section 626.557 after they have exercised their right to administrative
reconsideration under section 626.557;new text begin and
new text end
new text begin
(ii) any vulnerable adult who is the subject of a maltreatment investigation under section
626.557 or unless restricted by the vulnerable adult or by a court, an interested person as
defined in section 144.651, subdivision 2, after the right to administrative reconsideration
under section 626.557, subdivision 9d, has been exercised;
new text end
(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;
(6) any person to whom a right of appeal according to this section is given by other
provision of law;
(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;
(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;
(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;
(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;
(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;
(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; or
(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4a.
(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.
(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.
(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.
(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.
(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.
(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.
(i) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.
Sec. 36.
Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3b, is amended
to read:
Subd. 3b.
Standard of evidence for maltreatment and disqualification hearings.
(a)
The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph
(a), clause (10), if a preponderance of the evidence shows the individual has:
(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;
(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or
(3) failed to make required reports under section 626.556 or 626.557, for incidents in
which the final disposition under section 626.556 or 626.557 was substantiated maltreatment
that was serious or recurring.
(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.
(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.
new text begin
(d) For purposes of hearings under subdivision 4, if the state human services judge
determines that maltreatment has occurred, the state human services judge shall recommend
an order to the commissioner of health or human services that the lead investigative agency
determines responsibility in accordance with section 626.557, subdivision 9c, who shall
issue a final order.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end The state human services judge shall recommend an order to the commissioner
of health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under
chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the
commissioner's determination as to maltreatment is conclusive, as provided under section
245C.29.
Sec. 37.
Minnesota Statutes 2017 Supplement, section 256.045, subdivision 4, is amended
to read:
Subd. 4.
Conduct of hearings.
(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The state human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), (9), and (10), either party may subpoena the private data relating to the investigation
prepared by the agency under section 626.556 or 626.557 that is not otherwise accessible
under section 13.04, provided the identity of the reporter may not be disclosed.
(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure
for any other purpose outside the hearing provided for in this section without prior order of
the district court. Disclosure without court order is punishable by a sentence of not more
than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on
the use of private data do not prohibit access to the data under section 13.03, subdivision
6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon
request, the county agency shall provide reimbursement for transportation, child care,
photocopying, medical assessment, witness fee, and other necessary and reasonable costs
incurred by the applicant, recipient, or former recipient in connection with the appeal. All
evidence, except that privileged by law, commonly accepted by reasonable people in the
conduct of their affairs as having probative value with respect to the issues shall be submitted
at the hearing and such hearing shall not be "a contested case" within the meaning of section
14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and
may not submit evidence after the hearing except by agreement of the parties at the hearing,
provided the petitioner has the opportunity to respond.
(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing upon the consent of all parties and the state human
services judge.
(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the human services judge shall notifynew text begin : (1)new text end the vulnerable adult who is the
subject of the maltreatment determination andnew text begin an interested person, as defined in section
144.651, subdivision 2new text end , if known, deleted text begin a guardian of the vulnerable adult appointed under section
524.5-310, or a health care agent designated by the vulnerable adult in a health care directive
that is currently effective under section 145C.06 and whose authority to make health care
decisions is not suspended under section 524.5-310,deleted text end of the hearingnew text begin requested by the individual
or facility determined to have maltreated a vulnerable adult under section 626.557; and (2)
the facility or individual who is the alleged perpetrator of maltreatment of the hearing
requested by the vulnerable adult who is the subject of the maltreatment determination or
an interested person as defined in section 144.651, subdivision 2new text end .
The notice must be sent by certified mail and inform the vulnerable adultnew text begin , the facility, or
the alleged perpetratornew text end of the right to file a signed written statement in the proceedings. A
guardian or health care agent who prepares or files a written statement for the vulnerable
adult must indicate in the statement that the person is the vulnerable adult's guardian or
health care agent and sign the statement in that capacity. The vulnerable adult, the guardian,
or the health care agent may file a written statement with the human services judge hearing
the case no later than five business days before commencement of the hearing. The human
services judge shall include the written statement in the hearing record and consider the
statement in deciding the appeal. This subdivision does not limit, prevent, or excuse the
vulnerable adult new text begin or alleged perpetrator new text end from being called as a witness testifying at the hearing
or grant the vulnerable adult, the guardian, new text begin the alleged perpetrator, new text end or health care agent a
right to participate in the proceedings or appeal the human services judge's decision in the
case. The lead investigative agency must consider including the vulnerable adult victim of
maltreatment as a witness in the hearing. If the lead investigative agency determines that
participation in the hearing would endanger the well-being of the vulnerable adult or not
be in the best interests of the vulnerable adult, the lead investigative agency shall inform
the human services judge of the basis for this determination, which must be included in the
final order. If the human services judge is not reasonably able to determine the address of
the vulnerable adult, the guardian, new text begin the alleged perpetrator, new text end or the health care agent, the
human services judge is not required to send a hearing notice under this subdivision.
Sec. 38.
Minnesota Statutes 2016, section 325F.71, is amended to read:
325F.71 SENIOR CITIZENSnew text begin , VULNERABLE ADULTS,new text end AND deleted text begin DISABLEDdeleted text end
PERSONSnew text begin WITH DISABILITIESnew text end ; ADDITIONAL CIVIL PENALTY FOR
DECEPTIVE ACTS.
Subdivision 1.
Definitions.
For the purposes of this section, the following words have
the meanings given them:
(a) "Senior citizen" means a person who is 62 years of age or older.
(b) "deleted text begin Disableddeleted text end Personnew text begin with a disabilitynew text end " means a person who has an impairment of physical
or mental function or emotional status that substantially limits one or more major life
activities.
(c) "Major life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
new text begin
(d) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end
Subd. 2.
Supplemental civil penalty.
(a) In addition to any liability for a civil penalty
pursuant to sections 325D.43 to 325D.48, regarding deceptive trade practices; 325F.67,
regarding false advertising; and 325F.68 to 325F.70, regarding consumer fraud; a person
who engages in any conduct prohibited by those statutes, and whose conduct is perpetrated
against one or more senior citizensnew text begin , vulnerable adult,new text end or deleted text begin disableddeleted text end personsnew text begin with a disabilitynew text end ,
is liable for an additional civil penalty not to exceed $10,000 for each violation, if one or
more of the factors in paragraph (b) are present.
(b) In determining whether to impose a civil penalty pursuant to paragraph (a), and the
amount of the penalty, the court shall consider, in addition to other appropriate factors, the
extent to which one or more of the following factors are present:
(1) whether the defendant knew or should have known that the defendant's conduct was
directed to one or more senior citizensnew text begin , vulnerable adults,new text end or deleted text begin disableddeleted text end personsnew text begin with a
disabilitynew text end ;
(2) whether the defendant's conduct caused new text begin one or more new text end senior citizensnew text begin , vulnerable adults,new text end
or deleted text begin disableddeleted text end persons new text begin with a disability new text end to suffer: loss or encumbrance of a primary residence,
principal employment, or source of income; substantial loss of property set aside for
retirement or for personal or family care and maintenance; substantial loss of payments
received under a pension or retirement plan or a government benefits program; or assets
essential to the health or welfare of the senior citizennew text begin , vulnerable adult,new text end or deleted text begin disableddeleted text end personnew text begin
with a disabilitynew text end ;
(3) whether one or more senior citizensnew text begin , vulnerable adults,new text end or deleted text begin disableddeleted text end persons new text begin with a
disability new text end are more vulnerable to the defendant's conduct than other members of the public
because of age, poor health or infirmity, impaired understanding, restricted mobility, or
disability, and actually suffered physical, emotional, or economic damage resulting from
the defendant's conduct; deleted text begin or
deleted text end
(4) whether the defendant's conduct caused senior citizensnew text begin , vulnerable adults,new text end or deleted text begin disableddeleted text end
personsnew text begin with a disabilitynew text end to make an uncompensated asset transfer that resulted in the person
being found ineligible for medical assistancedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) whether the defendant provided or arranged for health care or services that are inferior
to, substantially different than, or substantially more expensive than offered, promised,
marketed, or advertised.
new text end
Subd. 3.
Restitution to be given priority.
Restitution ordered pursuant to the statutes
listed in subdivision 2 shall be given priority over imposition of civil penalties designated
by the court under this section.
Subd. 4.
Private remedies.
A person injured by a violation of this section may bring a
civil action and recover damages, together with costs and disbursements, including costs
of investigation and reasonable deleted text begin attorney'sdeleted text end new text begin attorneynew text end fees, and receive other equitable relief
as determined by the court.
Sec. 39.
Minnesota Statutes 2016, section 573.02, subdivision 2, is amended to read:
Subd. 2.
Injury action.
new text begin (a) new text end When injury is caused to a person by the wrongful act or
omission of any person or corporation and the person thereafter dies from a cause unrelated
to those injuries, the trustee appointed in subdivision 3 may maintain an action for special
damages arising out of such injury if the decedent might have maintained an action therefor
had the decedent lived.
new text begin
(b) When the injury is caused to a person who was a vulnerable adult, prior to the injury,
the next of kin may maintain an action on behalf of the decedent for damages for pain and
suffering, in addition to special damages as provided under paragraph (a). For purposes of
this paragraph, "vulnerable adult" has the meaning given in section 626.5572, subdivision
21.
new text end
Sec. 40.
Minnesota Statutes 2016, section 609.2231, subdivision 8, is amended to read:
Subd. 8.
Vulnerable adults.
(a) As used in this subdivision, "vulnerable adult" has the
meaning given in section 609.232, subdivision 11.
(b) Whoever assaults deleted text begin and inflicts demonstrable bodily harm ondeleted text end a vulnerable adult,
knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross
misdemeanor.
Sec. 41.
Minnesota Statutes 2016, section 626.557, subdivision 3, is amended to read:
Subd. 3.
Timing of report.
(a) A mandated reporter who has reason to believe that a
vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable
adult has sustained a physical injury which is not reasonably explained shall deleted text begin immediatelydeleted text end new text begin
within 24 hoursnew text end report the information to the common entry point. If an individual is a
vulnerable adult solely because the individual is admitted to a facility, a mandated reporter
is not required to report suspected maltreatment of the individual that occurred prior to
admission, unless:
(1) the individual was admitted to the facility from another facility and the reporter has
reason to believe the vulnerable adult was maltreated in the previous facility; or
(2) the reporter knows or has reason to believe that the individual is a vulnerable adult
as defined in section 626.5572, subdivision 21, paragraph (a), clause (4).
(b) A person not required to report under the provisions of this section may voluntarily
report as described above.
(c) Nothing in this section requires a report of known or suspected maltreatment, if the
reporter knows or has reason to know that a report has been made to the common entry
point.
(d) Nothing in this section shall preclude a reporter from also reporting to a law
enforcement agency.
(e) A mandated reporter who knows or has reason to believe that an error under section
626.5572, subdivision 17, paragraph (c), clause (5), occurred must make a report under this
subdivision. If the reporter or a facility, at any time believes that an investigation by a lead
investigative agency will determine or should determine that the reported error was not
neglect according to the criteria under section 626.5572, subdivision 17, paragraph (c),
clause (5), the reporter or facility may provide to the common entry point or directly to the
lead investigative agency information explaining how the event meets the criteria under
section 626.5572, subdivision 17, paragraph (c), clause (5). The lead investigative agency
shall consider this information when making an initial disposition of the report under
subdivision 9c.
Sec. 42.
Minnesota Statutes 2016, section 626.557, subdivision 4, is amended to read:
Subd. 4.
Reporting.
(a) Except as provided in paragraph (b), a mandated reporter shall
immediately make an oral report to the common entry point. The common entry point may
accept electronic reports submitted through a Web-based reporting system established by
the commissioner. Use of a telecommunications device for the deaf or other similar device
shall be considered an oral report. The common entry point may not require written reports.
To the extent possible, the report must be of sufficient content to identify the vulnerable
adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of
previous maltreatment, the name and address of the reporter, the time, date, and location of
the incident, and any other information that the reporter believes might be helpful in
investigating the suspected maltreatment. A mandated reporter may disclose not public data,
as defined in section 13.02, and medical records under sections 144.291 to 144.298, to the
extent necessary to comply with this subdivision.
(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified
under Title 19 of the Social Security Act, a nursing home that is licensed under section
144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital
that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code
of Federal Regulations, title 42, section 482.66, may submit a report electronically to the
common entry point instead of submitting an oral report. deleted text begin The report may be a duplicate of
the initial report the facility submits electronically to the commissioner of health to comply
with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.deleted text end
The commissioner of health may modify these reporting requirements to include items
required under paragraph (a) that are not currently included in the electronic reporting form.
new text begin
(c) All reports shall be directed to the common entry point, including reports from
federally licensed facilities, vulnerable adults, and interested persons.
new text end
Sec. 43.
Minnesota Statutes 2016, section 626.557, subdivision 9, is amended to read:
Subd. 9.
Common entry point designation.
(a) Each county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point. The commissioner of human services shall
establish a common entry point effective July 1, 2015. The common entry point is the unit
responsible for receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. new text begin The common entry point staff must receive training
on how to screen and dispatch reports efficiently and in accordance with this section. new text end The
common entry point shall use a standard intake form that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not limited to, perpetrators, alleged
victims, and witnesses;
(5) whether there was a risk of imminent danger to the alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the alleged victim;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of the initial and final reports;
and
(13) if the report is from a facility with an internal reporting procedure, the name, mailing
address, and telephone number of the person who initiated the report internally.
(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and dispatch
reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database and immediately identify
and locate prior reports of abuse, neglect, or exploitation.
(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.
(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:
(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) track and manage consumer complaints related to the common entry point.
(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.
Sec. 44.
Minnesota Statutes 2016, section 626.557, subdivision 9a, is amended to read:
Subd. 9a.
Evaluation and referral of reports made to common entry point.
(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals as follows:
(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;
(2) new text begin if the common entry point determines immediate need exists for response by law
enforcement, including but not limited to the urgent need to secure a crime scene, interview
witnesses, remove the alleged perpetrator, or safeguard the vulnerable adult's property, or
new text end if the report contains suspected criminal activity against a vulnerable adult, the common
entry point shall immediately notify the appropriate law enforcement agency;
(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;
(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and
(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agency, using referral guidelines
established by the commissioner.
(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agency.
Sec. 45.
Minnesota Statutes 2016, section 626.557, subdivision 9b, is amended to read:
Subd. 9b.
Response to reports.
Law enforcement is the primary agency to conduct
investigations of any incident in which there is reason to believe a crime has been committed.
Law enforcement shall initiate a response immediately. If the common entry point notified
a county agency for emergency adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and shall exchange data to the
extent authorized in subdivision 12b, paragraph deleted text begin (g)deleted text end new text begin (k)new text end . County adult protection shall initiate
a response immediately. Each lead investigative agency shall complete the investigative
process for reports within its jurisdiction. A lead investigative agency, county, adult protective
agency, licensed facility, or law enforcement agency shall cooperate with other agencies in
the provision of protective services, coordinating its investigations, and assisting another
agency within the limits of its resources and expertise and shall exchange data to the extent
authorized in subdivision 12b, paragraph deleted text begin (g)deleted text end new text begin (k)new text end . The lead investigative agency shall obtain
the results of any investigation conducted by law enforcement officialsdeleted text begin .deleted text end new text begin and law enforcement
shall obtain the results of any investigation conducted by the lead investigative agency to
determine if criminal action is warranted.new text end The lead investigative agency has the right to
enter facilities and inspect and copy records as part of investigations. The lead investigative
agency has access to not public data, as defined in section 13.02, and medical records under
sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to
conduct its investigation. Each lead investigative agency shall develop guidelines for
prioritizing reports for investigation.new text begin Nothing in this subdivision alters the duty of the lead
investigative agency to serve as the agency responsible for investigating reports made under
this section.
new text end
Sec. 46.
Minnesota Statutes 2016, section 626.557, subdivision 9c, is amended to read:
Subd. 9c.
Lead investigative agency; notifications, dispositions, determinations.
(a)
deleted text begin Upon request of the reporter,deleted text end The lead investigative agency shall notify the reporter that it
has received the report, and provide information on the initial disposition of the report within
five business days of receipt of the report, provided that the notification will not endanger
the vulnerable adult or hamper the investigation.
new text begin
(b) If the lead investigative agency is the Department of Health or the Department of
Human Services according to section 626.5572, subdivision 13, the lead investigative agency
must provide the information in this paragraph to the vulnerable adult or the vulnerable
adult's interested person, if identified in the report, within five days of receipt of the report,
unless the lead investigative agency believes that notification would endanger the vulnerable
adult or hamper the investigation. If the facility is federally certified, the lead investigative
agency must comply with federal laws when releasing information. The information required
to be provided is:
new text end
new text begin
(1) the report of maltreatment with names, contact information, and identifying
information redacted;
new text end
new text begin
(2) the name of the facility or other location at which alleged maltreatment occurred;
new text end
new text begin
(3) whether the alleged perpetrator was an employee of the facility;
new text end
new text begin
(4) contact information for the investigator; and
new text end
new text begin
(5) confirmation of whether the facility is investigating the matter, and if so, a statement
that the lead investigative agency will provide periodic updates and a report when the
investigation is concluded.
new text end
new text begin
(c) The lead investigative agency may assign multiple reports of maltreatment for the
same or separate incidences related to the same vulnerable adult to the same investigator,
as deemed appropriate. Reports related to the same vulnerable adult must, at a minimum,
be cross-referenced.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end Upon conclusion of every investigation it conducts, the lead investigative agency
shall make a final disposition as defined in section 626.5572, subdivision 8.
deleted text begin (c)deleted text end new text begin (e)new text end When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead investigative agency shall consider at least the
following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident care
plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible
for the issuance of the erroneous order, prescription, plan, or directive or knows or should
have known of the errors and took no reasonable measures to correct the defect before
administering care;
(2) the comparative responsibility between the facility, other caregivers, and requirements
placed upon the employee, including but not limited to, the facility's compliance with related
regulatory standards and factors such as the adequacy of facility policies and procedures,
the adequacy of facility training, the adequacy of an individual's participation in the training,
the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and
(3) whether the facility or individual followed professional standards in exercising
professional judgment.
deleted text begin (d)deleted text end new text begin (f)new text end When substantiated maltreatment is determined to have been committed by an
individual who is also the facility license holder, both the individual and the facility must
be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.
deleted text begin (e)deleted text end new text begin (g)new text end The lead investigative agency shall complete its final disposition within 60
calendar days. If the lead investigative agency is unable to complete its final disposition
within 60 calendar days, the lead investigative agency shall notify the following persons
provided that the notification will not endanger the vulnerable adult or hamper the
investigation: (1) the vulnerable adult or deleted text begin the vulnerable adult's guardian or health care agentdeleted text end new text begin
an interested person under section 144.651, subdivision 2new text end , when known, if the lead
investigative agency knows them to be aware of the investigation; and (2) the facility, where
applicable. The notice shall contain the reason for the delay and the projected completion
date. If the lead investigative agency is unable to complete its final disposition by a
subsequent projected completion date, the lead investigative agency shall again notify the
vulnerable adult or deleted text begin the vulnerable adult's guardian or health care agentdeleted text end new text begin an interested person
under section 144.651, subdivision 2new text end , when known if the lead investigative agency knows
them to be aware of the investigation, and the facility, where applicable, of the reason for
the delay and the revised projected completion date provided that the notification will not
endanger the vulnerable adult or hamper the investigation. The lead investigative agency
must notify the health care agent of the vulnerable adult only if the health care agent's
authority to make health care decisions for the vulnerable adult is currently effective deleted text begin under
section 145C.06deleted text end and not suspended under section 524.5-310 deleted text begin and the investigation relates
to a duty assigned to the health care agent by the principaldeleted text end . A lead investigative agency's
inability to complete the final disposition within 60 calendar days or by any projected
completion date does not invalidate the final disposition.
deleted text begin (f)deleted text end new text begin (h)new text end Within ten calendar days of completing the final disposition, the lead investigative
agency shall provide a copy of the public investigation memorandum under subdivision
12b, paragraph deleted text begin (b), clause (1)deleted text end new text begin (d)new text end , when required to be completed under this section, to the
following persons: (1) the vulnerable adult, deleted text begin or the vulnerable adult's guardian or health care
agentdeleted text end new text begin an interested personnew text end , if known, unless the lead investigative agency knows that the
notification would endanger the well-being of the vulnerable adult; (2) new text begin unless the reporter
instructs otherwise, new text end the reporterdeleted text begin , if the reporter requested notificationdeleted text end when making the
report, provided this notification would not endanger the well-being of the vulnerable adult;
(3) the alleged perpetrator, if known; (4) the facility; deleted text begin anddeleted text end (5) the ombudsman for long-term
care, or the ombudsman for mental health and developmental disabilities, as appropriatedeleted text begin .deleted text end new text begin ;
(6) law enforcement; and (7) the county attorney, as appropriate.
new text end
deleted text begin (g)deleted text end new text begin (i)new text end If, as a result of a reconsideration, review, or hearing, the lead investigative agency
changes the final disposition, or if a final disposition is changed on appeal, the lead
investigative agency shall notify the parties specified in paragraph deleted text begin (f)deleted text end new text begin (h)new text end .
deleted text begin (h)deleted text end new text begin (j)new text end The lead investigative agency shall notify the vulnerable adult who is the subject
of the report deleted text begin or the vulnerable adult's guardian or health care agentdeleted text end new text begin an interested person
under section 144.651, subdivision 2new text end , if known, and any person or facility determined to
have maltreated a vulnerable adult, of their appeal or review rights under this section or
section 256.021.
deleted text begin (i)deleted text end new text begin (k)new text end The lead investigative agency shall routinely provide investigation memoranda
for substantiated reports to the appropriate licensing boards. These reports must include the
names of substantiated perpetrators. The lead investigative agency may not provide
investigative memoranda for inconclusive or false reports to the appropriate licensing boards
unless the lead investigative agency's investigation gives reason to believe that there may
have been a violation of the applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the investigation memorandum
shall be notified and receive a summary of the investigative findings.
deleted text begin (j)deleted text end new text begin (l)new text end In order to avoid duplication, licensing boards shall consider the findings of the
lead investigative agency in their investigations if they choose to investigate. This does not
preclude licensing boards from considering other information.
deleted text begin (k)deleted text end new text begin (m)new text end The lead investigative agency must provide to the commissioner of human
services its final dispositions, including the names of all substantiated perpetrators. The
commissioner of human services shall establish records to retain the names of substantiated
perpetrators.
Sec. 47.
Minnesota Statutes 2016, section 626.557, subdivision 9d, is amended to read:
Subd. 9d.
Administrative reconsiderationdeleted text begin ; review paneldeleted text end .
(a) Except as provided under
paragraph deleted text begin (e)deleted text end new text begin (d)new text end , any individual or facility which a lead investigative agency determines
has maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on
behalf of the vulnerable adult, regardless of the lead investigative agency's determination,
who contests the lead investigative agency's final disposition of an allegation of maltreatment,
may request the lead investigative agency to reconsider its final disposition. The request
for reconsideration must be submitted in writing to the lead investigative agency within 15
calendar days after receipt of notice of final disposition or, if the request is made by an
interested person who is not entitled to notice, within 15 days after receipt of the notice by
the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the
request for reconsideration must be postmarked and sent to the lead investigative agency
within 15 calendar days of the individual's or facility's receipt of the final disposition. If the
request for reconsideration is made by personal service, it must be received by the lead
investigative agency within 15 calendar days of the individual's or facility's receipt of the
final disposition. An individual who was determined to have maltreated a vulnerable adult
under this section and who was disqualified on the basis of serious or recurring maltreatment
under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment
determination and the disqualification. The request for reconsideration of the maltreatment
determination and the disqualification must be submitted in writing within 30 calendar days
of the individual's receipt of the notice of disqualification under sections 245C.16 and
245C.17. If mailed, the request for reconsideration of the maltreatment determination and
the disqualification must be postmarked and sent to the lead investigative agency within 30
calendar days of the individual's receipt of the notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the lead investigative
agency within 30 calendar days after the individual's receipt of the notice of disqualification.
(b) Except as provided under paragraphs new text begin (d) and new text end (e) deleted text begin and (f)deleted text end , if the lead investigative
agency denies the request or fails to act upon the request within 15 working days after
receiving the request for reconsideration, the personnew text begin , including the vulnerable adult, or an
interested person under section 144.651, subdivision 2, acting on behalf of the vulnerable
adult,new text end or facility entitled to a fair hearing under section 256.045, may submit to the
commissioner of human services a written request for a hearing under that statute. deleted text begin The
vulnerable adult, or an interested person acting on behalf of the vulnerable adult, may request
a review by the Vulnerable Adult Maltreatment Review Panel under section 256.021 if the
lead investigative agency denies the request or fails to act upon the request, or if the
vulnerable adult or interested person contests a reconsidered disposition.deleted text end The lead
investigative agency shall notify persons who request reconsideration of their rights under
this paragraph. The request must be submitted in writing to the review panel and a copy
sent to the lead investigative agency within 30 calendar days of receipt of notice of a denial
of a request for reconsideration or of a reconsidered disposition. The request must specifically
identify the aspects of the lead investigative agency determination with which the person
is dissatisfied.
(c) If, as a result of a reconsideration or review, the lead investigative agency changes
the final disposition, it shall notify the parties specified in subdivision 9c, paragraph deleted text begin (f)deleted text end new text begin (h)new text end .
deleted text begin
(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable
adult" means a person designated in writing by the vulnerable adult to act on behalf of the
vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy
or health care agent appointed under chapter 145B or 145C, or an individual who is related
to the vulnerable adult, as defined in section 245A.02, subdivision 13.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end If an individual was disqualified under sections 245C.14 and 245C.15, on the
basis of a determination of maltreatment, which was serious or recurring, and the individual
has requested reconsideration of the maltreatment determination under paragraph (a) and
reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration
of the maltreatment determination and requested reconsideration of the disqualification
shall be consolidated into a single reconsideration. If reconsideration of the maltreatment
determination is denied and the individual remains disqualified following a reconsideration
decision, the individual may request a fair hearing under section 256.045. If an individual
requests a fair hearing on the maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment determination and the disqualification.
deleted text begin (f)deleted text end new text begin (e)new text end If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, the scope of the contested case hearing must include the maltreatment
determination, disqualification, and licensing sanction or denial of a license. In such cases,
a fair hearing must not be conducted under section 256.045. Except for family child care
and child foster care, reconsideration of a maltreatment determination under this subdivision,
and reconsideration of a disqualification under section 245C.22, must not be conducted
when:
(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall
also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.
If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.
deleted text begin (g)deleted text end new text begin (f)new text end Until August 1, 2002, an individual or facility that was determined by the
commissioner of human services or the commissioner of health to be responsible for neglect
under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001,
that believes that the finding of neglect does not meet an amended definition of neglect may
request a reconsideration of the determination of neglect. The commissioner of human
services or the commissioner of health shall mail a notice to the last known address of
individuals who are eligible to seek this reconsideration. The request for reconsideration
must state how the established findings no longer meet the elements of the definition of
neglect. The commissioner shall review the request for reconsideration and make a
determination within 15 calendar days. The commissioner's decision on this reconsideration
is the final agency action.
deleted text begin (1)deleted text end new text begin (g)new text end For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph deleted text begin (d)deleted text end new text begin (h)new text end , when a finding of substantiated maltreatment has been changed as
a result of a reconsideration under this paragraph, the date of the original finding of a
substantiated maltreatment must be used to calculate the destruction date.
deleted text begin (2)deleted text end new text begin (h)new text end For purposes of any background studies under chapter 245C, when a determination
of substantiated maltreatment has been changed as a result of a reconsideration under this
paragraph, any prior disqualification of the individual under chapter 245C that was based
on this determination of maltreatment shall be rescinded, and for future background studies
under chapter 245C the commissioner must not use the previous determination of
substantiated maltreatment as a basis for disqualification or as a basis for referring the
individual's maltreatment history to a health-related licensing board under section 245C.31.
Sec. 48.
Minnesota Statutes 2016, section 626.557, subdivision 10b, is amended to read:
Subd. 10b.
Investigations; guidelines.
new text begin (a) new text end Each lead investigative agency shall develop
guidelines for prioritizing reports for investigation. When investigating a report, the lead
investigative agency shall conduct the following activities, as appropriate:
(1) interview of the alleged victim;
(2) interview of the reporter and others who may have relevant information;
(3) interview of the alleged perpetrator;
(4) examination of the environment surrounding the alleged incident;
(5) review of pertinent documentation of the alleged incident; and
(6) consultation with professionals.
new text begin
(b) This paragraph only applies to the Departments of Health and Human Services
performing duties as lead investigative agencies under section 626.5572, subdivision 13.
The lead investigator must within five days after initiation of an investigation provide the
vulnerable adult the investigator's name and contact information, and communicate upon
request by the vulnerable adult or the interested person under section 144.651, subdivision
2, the status of the investigation, unless the lead investigative agency believes contact would
be detrimental to the vulnerable adult if a family member is the alleged abuser.
new text end
Sec. 49.
Minnesota Statutes 2016, section 626.557, subdivision 12b, is amended to read:
Subd. 12b.
Data management.
(a) In performing any of the duties of this section as a
lead investigative agency, the county social service agency shall maintain appropriate
records. Data collected by the county social service agency under this section are welfare
data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data
under this paragraph that are inactive investigative data on an individual who is a vendor
of services are private data on individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph deleted text begin (c)deleted text end new text begin (g)new text end .
new text begin (b) new text end Data maintained by the common entry point are deleted text begin confidentialdeleted text end new text begin privatenew text end data on
individuals or deleted text begin protecteddeleted text end nonpublic data as defined in section 13.02. Notwithstanding section
138.163, the common entry point shall maintain data for three calendar years after date of
receipt and then destroy the data unless otherwise directed by federal requirements.new text begin This
paragraph only applies to the Departments of Health and Human Services performing duties
as lead investigative agency under section 626.5572, subdivision 13. The lead investigative
agency may provide to the vulnerable adult and an interested person under section 144.651,
subdivision 2, if known from the report, a copy of any self-report submitted by the licensed
care provider, appropriately redacted pursuant to this section, or state and federal laws.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social service agencies must maintain private data on individuals but are not required to
prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02deleted text begin .deleted text end new text begin ,
but may be considered private data on individuals or nonpublic data if the commissioner
determines such data classification is needed to protect the health and safety of the vulnerable
adult.new text end Upon completion of the investigation, the data are classified as provided in deleted text begin clauses
(1) to (3) and paragraph (c)deleted text end new text begin paragraphs (d) to (g)new text end .
deleted text begin (1)deleted text end new text begin (d)new text end The investigation memorandum must contain the following data, which are public:
deleted text begin (i)deleted text end new text begin (1) new text end the name of the facility investigated;
deleted text begin (ii)deleted text end new text begin (2) new text end a statement of the nature of the alleged maltreatment;
deleted text begin (iii)deleted text end new text begin (3) new text end pertinent information obtained from medical or other records reviewed;
deleted text begin (iv)deleted text end new text begin (4) new text end the identity of the investigator;
deleted text begin (v)deleted text end new text begin (5) new text end a summary of the investigation's findings;
deleted text begin (vi)deleted text end new text begin (6) new text end statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;
deleted text begin (vii)deleted text end new text begin (7) new text end a statement of any action taken by the facility;
deleted text begin (viii)deleted text end new text begin (8) new text end a statement of any action taken by the lead investigative agency; and
deleted text begin (ix)deleted text end new text begin (9) new text end when a lead investigative agency's determination has substantiated maltreatment,
a statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.
The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in deleted text begin clause (2)deleted text end new text begin paragraph (e)new text end .
deleted text begin (2)deleted text end new text begin (e)new text end Data on individuals collected and maintained in the investigation memorandum
are private datanew text begin on individualsnew text end , including:
deleted text begin (i)deleted text end new text begin (1) new text end the name of the vulnerable adult;
deleted text begin (ii)deleted text end new text begin (2) new text end the identity of the individual alleged to be the perpetrator;
deleted text begin (iii)deleted text end new text begin (3) new text end the identity of the individual substantiated as the perpetrator; and
deleted text begin (iv)deleted text end new text begin (4) new text end the identity of all individuals interviewed as part of the investigation.
deleted text begin (3)deleted text end new text begin (f) new text end Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.
deleted text begin (c)deleted text end new text begin (g)new text end After the assessment or investigation is completed, the name of the reporter must
be confidentialdeleted text begin .deleted text end new text begin , except:
new text end
new text begin (1)new text end the subject of the report may compel disclosure of the name of the reporter only with
the consent of the reporter deleted text begin or upondeleted text end new text begin ;
new text end
new text begin (2) uponnew text end a written finding by a court that the report was false and there is evidence that
the report was made in bad faithdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) the mandated reporter may self-disclose to support a claim of retaliation that is
prohibited under law, including under subdivisions 4a and 17 and section 144.651,
subdivision 34.
new text end
This subdivision does not alter disclosure responsibilities or obligations under the Rules
of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether to
order disclosure of the identity of the reporter.
deleted text begin (d)deleted text end new text begin (h)new text end Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be maintained under the following
schedule and then destroyed unless otherwise directed by federal requirements:
(1) data from reports determined to be false, maintained for three years after the finding
was made;
(2) data from reports determined to be inconclusive, maintained for four years after the
finding was made;
(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and
(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the report.
deleted text begin (e)deleted text end new text begin (i)new text end The commissioners of health and human services shall annually publish on their
Web sites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations. On a biennial basis, the commissioners of health
and human services shall jointly report the following information to the legislature and the
governor:
(1) the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigations under this section,
the resolution of those investigations, and which of the two lead agencies was responsible;
(2) trends about types of substantiated maltreatment found in the reporting period;
(3) if there are upward trends for types of maltreatment substantiated, recommendations
for addressing and responding to them;
(4) efforts undertaken or recommended to improve the protection of vulnerable adults;
(5) whether and where backlogs of cases result in a failure to conform with statutory
time frames and recommendations for reducing backlogs if applicable;
(6) recommended changes to statutes affecting the protection of vulnerable adults; and
(7) any other information that is relevant to the report trends and findings.
deleted text begin (f)deleted text end new text begin (j)new text end Each lead investigative agency must have a record retention policy.
deleted text begin (g)deleted text end new text begin (k)new text end Lead investigative agencies, prosecuting authorities, and law enforcement agencies
may exchange not public data, as defined in section 13.02, if the agency or authority
requesting the data determines that the data are pertinent and necessary to the requesting
agency in initiating, furthering, or completing an investigation under this section. Data
collected under this section must be made available to prosecuting authorities and law
enforcement officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. The lead investigative agency shall exchange not public
data with the vulnerable adult maltreatment review panel established in section 256.021 if
the data are pertinent and necessary for a review requested under that section.
Notwithstanding section 138.17, upon completion of the review, not public data received
by the review panel must be destroyed.
deleted text begin (h)deleted text end new text begin (l)new text end Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.
deleted text begin (i)deleted text end new text begin (m)new text end A lead investigative agency may new text begin treat common entry point or investigative data
as private data on individuals or nonpublic data and may new text end notify other affected partiesnew text begin ,
including the vulnerable adult, an interested person under section 144.651, subdivision 2, new text end
and deleted text begin theirdeleted text end new text begin the vulnerable adult'snew text end authorized representative if the lead investigative agency
has reason to believe maltreatment has occurred and determines the information will
safeguard the well-being of the affected parties or dispel widespread rumor or unrest in the
affected facility.
deleted text begin (j)deleted text end new text begin (n)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.
Sec. 50.
Minnesota Statutes 2016, section 626.557, subdivision 14, is amended to read:
Subd. 14.
Abuse prevention plans.
(a) Each facility, except home health agencies and
personal care attendant services providersnew text begin and including a housing with services establishment
under chapter 144D and an entity operating under assisted living title protection under
section 144G.02new text end , shall establish and enforce an ongoing written abuse prevention plan. The
plan shall contain an assessment of the physical plant, its environment, and its population
identifying factors which may encourage or permit abuse, and a statement of specific
measures to be taken to minimize the risk of abuse. The plan shall comply with any rules
governing the plan promulgated by the licensing agency.
(b) Each facility, including a home health care agency and personal care attendant
services providers, shall develop an individual abuse prevention plan for each vulnerable
adult residing there or receiving services from them. The plan shall contain an individualized
assessment of: (1) the person's susceptibility to abuse by other individuals, including other
vulnerable adults; (2) the person's risk of abusing other vulnerable adults; and (3) statements
of the specific measures to be taken to minimize the risk of abuse to that person and other
vulnerable adults. For the purposes of this paragraph, the term "abuse" includes self-abuse.
(c) If the facility, except home health agencies and personal care attendant services
providers, knows that the vulnerable adult has committed a violent crime or an act of physical
aggression toward others, the individual abuse prevention plan must detail the measures to
be taken to minimize the risk that the vulnerable adult might reasonably be expected to pose
to visitors to the facility and persons outside the facility, if unsupervised. Under this section,
a facility knows of a vulnerable adult's history of criminal misconduct or physical aggression
if it receives such information from a law enforcement authority or through a medical record
prepared by another facility, another health care provider, or the facility's ongoing
assessments of the vulnerable adult.
new text begin
(d) The commissioner of health must issue a correction order and fine upon a finding
that the facility has failed to comply with this subdivision and shall calculate the fine amount
according to section 144A.474, subdivision 11. Violation of this section must be no less
than a Level 2 fine.
new text end
Sec. 51.
Minnesota Statutes 2016, section 626.557, subdivision 17, is amended to read:
Subd. 17.
Retaliation prohibited.
(a) A facility or person shall not retaliate against any
personnew text begin , including the vulnerable adult or an interested person,new text end who reports in good faithnew text begin , or
who the facility or person believes reported,new text end suspected maltreatment pursuant to this section,
or against a vulnerable adult with respect to whom a report is made, because of the reportnew text begin
or a presumed report, whether mandatory or voluntarynew text end .
(b) In addition to any remedies allowed under sections 181.931 to 181.935, any facility
or person which retaliates against any person because of a report of suspected maltreatment
is liable to that person for actual damages, punitive damages up to $10,000, and attorney
fees.new text begin A claim of retaliation may be brought upon showing that the claimant has a good faith
reason to believe retaliation occurred as described under this subdivision. The claim may
be brought regardless of whether or not there is confirmation that the name of the mandated
reporter was known.
new text end
(c) There shall be a rebuttable presumption that any adverse action, as defined below,
within 90 days of a report, is retaliatory. For purposes of this deleted text begin clausedeleted text end new text begin paragraphnew text end , the term
"adverse action" refers to action taken by a facility or person involved in a report against
the person making the report or the person with respect to whom the report was made because
of the report, and includes, but is not limited to:
(1) discharge or transfer from the facility;
(2) discharge from or termination of employment;
(3) demotion or reduction in remuneration for services;
(4) restriction or prohibition of access to the facility or its residents; deleted text begin or
deleted text end
(5) any restriction of rights set forth in section 144.651deleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) any restriction of access to or use of amenities or services;
new text end
new text begin
(7) termination of services or lease agreement, or both;
new text end
new text begin
(8) sudden increase in costs for services not already contemplated at the time of the
maltreatment report;
new text end
new text begin
(9) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices of the patient or resident;
new text end
new text begin
(10) filing a maltreatment report in bad faith against the reporter; or
new text end
new text begin
(11) oral or written communication of false information about the reporter.
new text end
Sec. 52.
Minnesota Statutes 2016, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 12a. new text end
new text begin Interested person. new text end
new text begin
"Interested person" has the meaning given in section
524.5-102.
new text end
Sec. 53. new text begin ASSISTED LIVING LICENSING AND DEMENTIA CARE TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
(a) The Assisted Living Licensing and Dementia Care Task
Force consists of 18 members, including the following:
new text end
new text begin
(1) one senator appointed by the senate majority leader;
new text end
new text begin
(2) one senator appointed by the senate minority leader;
new text end
new text begin
(3) one member of the house of representatives appointed by the speaker of the house;
new text end
new text begin
(4) one member of the house of representatives appointed by the minority leader of the
house of representatives;
new text end
new text begin
(5) the commissioner of health or a designee;
new text end
new text begin
(6) the commissioner of human services or a designee;
new text end
new text begin
(7) the ombudsperson for long-term care or a designee;
new text end
new text begin
(8) the ombudsperson for mental health and developmental disabilities or a designee;
new text end
new text begin
(9) one member appointed by Mid-Minnesota Legal Aid;
new text end
new text begin
(10) one member appointed by the Minnesota Board on Aging;
new text end
new text begin
(11) one member appointed by AARP Minnesota;
new text end
new text begin
(12) one member appointed by the Alzheimer's Association Minnesota-North Dakota
Chapter;
new text end
new text begin
(13) one member appointed by Elder Voice Family Advocates;
new text end
new text begin
(14) one member appointed by Minnesota Elder Justice Center;
new text end
new text begin
(15) one member appointed by Care Providers of Minnesota;
new text end
new text begin
(16) one member appointed by LeadingAge Minnesota;
new text end
new text begin
(17) one member appointed by Minnesota HomeCare Association; and
new text end
new text begin
(18) the executive director of the Minnesota Council on Disability.
new text end
new text begin
(b) The appointing authorities must appoint members by July 1, 2018.
new text end
new text begin
(c) The commissioner of health or a designee shall act as chair of the task force and
convene the first meeting no later than August 1, 2018.
new text end
new text begin Subd. 2. new text end
new text begin Legislative report on assisted living licensure and dementia care. new text end
new text begin
(a) The
task force shall review existing state and federal laws and existing oversight of assisted
living and providers serving people with dementia, and report to the legislature any regulatory
gaps requiring improved state regulation and oversight to protect the health and safety of
vulnerable adults.
new text end
new text begin
(b) By January 1, 2019, the task force shall present recommendations regarding:
new text end
new text begin
(1) an assisted living license as defined in section 55, subdivision 1;
new text end
new text begin
(2) regulation and fine structure for licensed assisted living;
new text end
new text begin
(3) dementia care core criteria and dementia care unit certification;
new text end
new text begin
(4) serving residents on medical assistance elderly waiver and other waiver programs;
new text end
new text begin
(5) licensing of executive directors and administrators for assisted living;
new text end
new text begin
(6) all items listed in expedited rulemaking under section 55, subdivision 2; and
new text end
new text begin
(7) the exclusion of providers and facilities currently licensed by the Department of
Human Services from the requirements of the new assisted living license.
new text end
new text begin Subd. 3. new text end
new text begin Administration. new text end
new text begin
(a) The task force must meet at least monthly.
new text end
new text begin
(b) The commissioner of health shall provide meeting space and administrative support
for the task force.
new text end
new text begin
(c) The commissioner of health and the commissioner of human services shall provide
technical assistance to the task force.
new text end
new text begin
(d) Public members of the task force may be compensated as described in Minnesota
Statutes, section 15.059, subdivision 3.
new text end
new text begin
(e) A quorum is not required in order for the task force to meet or take testimony, but a
quorum of 50 percent plus one member is required to make recommendations.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
The task force expires on December 31, 2019.
new text end
Sec. 54. new text begin ASSISTED LIVING LICENSURE AND DEMENTIA CARE
CERTIFICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Assisted living license" means a single license covering
the provision of health and supportive services and housing provided in a multiunit residential
dwelling.
new text end
new text begin
(b) "Assisted living" means any multiunit residential dwelling, as defined by Minnesota
Statutes, section 144D.01, subdivision 4, paragraph (a), clause (1), where health-related and
supportive services, in combination with housing, are provided to adults.
new text end
new text begin
(c) "Dementia care units" means a setting that provides services to persons with dementia
in a secured unit or those settings that are required to disclose the special care status pursuant
to Minnesota Statutes, section 325F.72.
new text end
new text begin
(d) "Multiunit residential dwelling" means a residential dwelling containing two or more
units intended for use as a residence.
new text end
new text begin Subd. 2. new text end
new text begin Expedited rulemaking. new text end
new text begin
(a) By July 1, 2019, the commissioner shall adopt
rules for assisted living licensure and dementia care unit certification using the expedited
rulemaking process in Minnesota Statutes, section 14.389, conforming as much as possible
with the recommendations proposed by the Assisted Living Licensure and Dementia Care
Task Force, except that the rules under this section are exempt from Minnesota Statutes,
section 14.389, subdivision 5.
new text end
new text begin
(b) The rules may include, but are not limited to, the following:
new text end
new text begin
(1) building design and physical plant;
new text end
new text begin
(2) environmental health and safety;
new text end
new text begin
(3) staffing and other standards of care, as appropriate, based on the acuity level of
residents and the needs of persons with dementia;
new text end
new text begin
(4) nutrition and dietary services;
new text end
new text begin
(5) support services, social work, transportation, and quality of life;
new text end
new text begin
(6) staffing requirements and number of residents;
new text end
new text begin
(7) training and background checks for personnel;
new text end
new text begin
(8) a single contract for both housing and services that complies with Minnesota Statutes,
chapter 504B;
new text end
new text begin
(9) discharge criteria, including discharge planning to a safe location and appeal rights
reflecting the requirements of Minnesota Statutes, sections 144D.09 and 144D.095;
new text end
new text begin
(10) required notices and disclosures;
new text end
new text begin
(11) establishing resident and family councils;
new text end
new text begin
(12) minimum requirements for all applications;
new text end
new text begin
(13) requirements that support assisted living providers to comply with home and
community-based settings requirements in Code of Federal Regulations, title 42, section
441.301(c);
new text end
new text begin
(14) core dementia care criteria across all settings;
new text end
new text begin
(15) care and health services, including coordination of care;
new text end
new text begin
(16) admission criteria and assessments; and
new text end
new text begin
(17) safety criteria.
new text end
new text begin
(c) The rules adopted by the commissioner under this subdivision shall be effective on
February 1, 2020, unless the legislature provides otherwise.
new text end
new text begin
(d) After February 1, 2020, no one shall offer, advertise, or use the term "memory care
unit" or "dementia care unit" in a multiunit residential dwelling, without first obtaining the
dementia care unit certification required by the adopted rules required under this subdivision.
new text end
new text begin
(e) After February 1, 2020, no one shall provide assisted living without first obtaining
the license required by this section.
new text end
new text begin
(f) After February 1, 2020, a home care provider licensed under Minnesota Statutes,
chapter 144A, may not provide home care services in an assisted living setting that lacks
the license required by this section.
new text end
new text begin
(g) This section shall not be construed to modify the home care licensure required by
Minnesota Statutes, chapter 144A, for providers serving consumers outside of assisted living
settings.
new text end
new text begin
(h) This section shall not be construed to modify the registration requirements for housing
with services established under Minnesota Statutes, chapter 144D, for a housing with services
establishment that is not assisted living.
new text end
new text begin Subd. 3. new text end
new text begin Collaboration and consultation. new text end
new text begin
In developing the rules for the assisted living
licensure and dementia care certification, the commissioner must:
new text end
new text begin
(1) continue to engage and consult with the Assisted Living Licensure and Dementia
Care Task Force;
new text end
new text begin
(2) review and evaluate other states' licensing systems related to assisted living;
new text end
new text begin
(3) solicit public comment on the proposed rules through a comment period of no less
than 60 days; and
new text end
new text begin
(4) consult with the commissioner of human services regarding:
new text end
new text begin
(i) federal home and community-based service requirements necessary to preserve access
to assisted living care and services for individuals who receive medical assistance-funded
home and community-based services under Minnesota Statutes, sections 256B.0915 and
256B.49; and
new text end
new text begin
(ii) consideration of changes by the commissioner of human services to the medical
assistance elderly, community access for disability and inclusion, and brain injury waiver
plans to ensure alignment with assisted living licensure standards.
new text end
new text begin Subd. 4. new text end
new text begin Exceptions. new text end
new text begin
Rules adopted by the commissioner shall exclude providers and
facilities currently licensed by the Department of Human Services from the requirements
of the new assisted living license.
new text end
new text begin Subd. 5. new text end
new text begin Fees; application, change of ownership, and renewal. new text end
new text begin
(a) An initial applicant
seeking an assisted living license must submit an initial fee of $6,275 to the commissioner
along with a completed application.
new text end
new text begin
(b) An assisted living provider who is filing a change of ownership must submit a fee
of $7,750 to the commissioner, along with documentation required for the change of
ownership.
new text end
new text begin
(c) An assisted living provider who is seeking to renew the provider's license shall pay
a fee of $7,750 to the commissioner.
new text end
Sec. 55. new text begin BACKGROUND STUDY RECOMMENDATIONS.
new text end
new text begin
By January 15, 2019, the commissioner of health shall, in consultation with the Task
Force for Preventing Maltreatment of Vulnerable Adults, make recommendations to the
chairs of the committees with jurisdiction over aging regarding the need for additional
background study requirements for all staff working or volunteering in housing with services
establishments and assisted living settings, in addition to any background studies already
required by Minnesota Statutes, chapter 144A.
new text end
Sec. 56. new text begin DIRECTION TO OFFICE OF HEALTH FACILITIES COMPLAINTS.
new text end
new text begin
Effective July 1, 2018, the Office of Health Facilities Complaints must publish all
substantiated maltreatment reports on the department's Web site.
new text end
Sec. 57. new text begin RECODIFICATION OF HEALTH CARE STATUTES; REVIEW OF
HEALTH CARE RULES.
new text end
new text begin
(a) By February 1, 2020, the revisor of statutes in collaboration with the House Research
Department, the Office of Senate Counsel, Research, and Fiscal Analysis, and the
Departments of Health and Human Services shall provide a report to the legislature with
proposed legislation to reorganize, consolidate, and recodify health care statutes governing
the provision of care, services, and rights granted to patients, residents, clients, and other
recipients of health care services, and the responsibilities imposed on providers of health
care and services. Recodification of the health care statutes under this section shall:
new text end
new text begin
(1) eliminate redundancy and confusion;
new text end
new text begin
(2) improve readability, structure, and organization;
new text end
new text begin
(3) ensure consistency of construction of provisions granting the same and similar rights
to recipients;
new text end
new text begin
(4) set forth the same and similar responsibilities of providers;
new text end
new text begin
(5) consolidate, where appropriate, the Health Care Bill of Rights under Minnesota
Statutes, section 144.651; Home Care Bill of Rights under Minnesota Statutes, section
144A.44; the Assisted Living Addendum under Minnesota Statutes, section 144A.441;
patient rights under Minnesota Statutes, section 144.292; and Hospice Bill of Rights under
Minnesota Statutes, section 144A.751; and
new text end
new text begin
(6) eliminate or propose modification of ambiguous terms and construction in the statutes;
identify and correct cross-references to repealed statutes and rules; and define and ensure
consistency in the use of terms that have the same or similar meanings, including but not
limited to "administrator," "advocate," "consumer," "executor," "family member," "interested
family member," "guardian," "legal guardian," "other individual," "involved party," "legal
counsel," "legal representative," "designated legal representative," "representative,"
"designated representative," "authorized representative," "chosen representative," "outside
representative of the resident's choice," "anyone properly authorized by the person," "others,"
"concerned others," "people receiving services," "recipient of services," and "near relatives."
new text end
new text begin
(b) The following statutes and rules shall be included in the review:
new text end
new text begin
(1) Minnesota Statutes, chapters 144, 144A, 144D, 144G, 245, 245A, 245D, 252, and
252A;
new text end
new text begin
(2) Minnesota Statutes, sections 245.825; 256B.0615; 256B.0616; 256B.0621; 256B.0622;
256B.0623; 256B.0624; 256B.0651; 256B.0652 subdivision 12; 256B.0653; 256B.0654;
256B.0659; 256B.0911; 256B.0913; 256B.0915; 256B.0917; 256B.0922; 256B.092;
256B.0924; 256B.0926; 256B.093; 256B.0943; 256B.0944; 256B.0946; 256B.0947; and
256B.85; and
new text end
new text begin
(3) Minnesota Rules, chapters 4640, 4655, 4658, 4664, 4665, 4675, 4680, 9520, 9525,
9544, 9555, and 9570.
new text end
new text begin
(c) The Departments of Health and Human Services shall present the proposed legislation
to legal and substantive experts who represent consumers and providers for input.
new text end
Sec. 58. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, sections 144G.01; 144G.02; 144G.03; 144G.04; 144G.05; and
144G.06,
new text end
new text begin
are repealed.
new text end
ARTICLE 8
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. new text begin HUMAN SERVICES APPROPRIATION.
|
new text begin
The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2017, First Special
Session chapter 6, article 18, from the general fund or any 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 "2018" and "2019" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year"
is fiscal year 2019. "The biennium" is fiscal years 2018 and 2019.
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
2018 new text end |
new text begin
2019 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
(208,963,000) new text end |
new text begin
$ new text end |
new text begin
(88,363,000) new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(210,083,000) new text end |
new text begin
(103,535,000) new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
7,620,000 new text end |
new text begin
9,258,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
(6,500,000) new text end |
new text begin
5,914,000 new text end |
new text begin Subd. 2. new text end
new text begin
Forecasted Programs
|
||||||
|
new text begin
(a) MFIP/DWP new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(3,749,000) new text end |
new text begin
(11,267,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
(7,418,000) new text end |
new text begin
4,565,000 new text end |
|
new text begin
(b) MFIP Child Care Assistance new text end |
new text begin
(7,995,000) new text end |
new text begin
(521,000) new text end |
||||
|
new text begin
(c) General Assistance new text end |
new text begin
(4,850,000) new text end |
new text begin
(3,770,000) new text end |
||||
|
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
(1,179,000) new text end |
new text begin
(821,000) new text end |
||||
|
new text begin
(e) Housing Support new text end |
new text begin
(3,260,000) new text end |
new text begin
(3,038,000) new text end |
||||
|
new text begin
(f) Northstar Care for Children new text end |
new text begin
(5,168,000) new text end |
new text begin
(6,458,000) new text end |
||||
|
new text begin
(g) MinnesotaCare new text end |
new text begin
7,620,000 new text end |
new text begin
9,258,000 new text end |
||||
new text begin
These appropriations are from the health care
access fund.
new text end
|
new text begin
(h) Medical Assistance new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(199,817,000) new text end |
new text begin
(106,124,000) new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
|
new text begin
(i) Alternative Care Program new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
|
new text begin
(j) CCDTF Entitlements new text end |
new text begin
15,935,000 new text end |
new text begin
28,464,000 new text end |
||||
new text begin Subd. 3. new text end
new text begin
Technical Activities
|
new text begin
918,000 new text end |
new text begin
1,349,000 new text end |
||||
new text begin
These appropriations are from the federal
TANF fund.
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 9
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 2017, First Special Session chapter
6, article 18, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" 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,
2018, or June 30, 2019, respectively. Base adjustments mean the addition to or subtraction
from the base level adjustment set in Laws 2017, First Special Session chapter 6, article 18.
Supplemental appropriations and reductions to appropriations for the fiscal year ending
June 30, 2018, are effective the day following final enactment unless a different effective
date is explicit.
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
2018 new text end |
new text begin
2019 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
289,000 new text end |
new text begin
$ new text end |
new text begin
26,498,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|
|
new text begin
General new text end |
new text begin
289,000 new text end |
new text begin
23,807,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
2,691,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin Subd. 2. new text end
new text begin
Central Office; Operations
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|
|
new text begin
General new text end |
new text begin
289,000 new text end |
new text begin
6,291,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
2,691,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
Base Adjustment.
new text end
new text begin
The general fund base is
increased $6,055,000 in fiscal year 2020 and
$5,511,000 in fiscal year 2021. The opioid
stewardship fund base is increased $258,000
in fiscal year 2020 and $258,000 in fiscal year
2021.
new text end
new text begin Subd. 3. new text end
new text begin
Central Office; Health Care
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
873,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
new text begin Base Adjustment.new text end The general fund base is
increased $1,377,000 in fiscal year 2020 and
$1,383,000 in fiscal year 2021. The health care
access fund base is increased $10,234,000 in
fiscal year 2020. The opioid stewardship fund
base is increased $177,000 in fiscal year 2020
and $177,000 in fiscal year 2021.
new text end
new text begin Subd. 4. new text end
new text begin
Central Office; Continuing Care
|
new text begin
-0- new text end |
new text begin
2,917,000 new text end |
||||
new text begin
new text begin (a) Investments in Personal Care Assistance
Services, Consumer Directed Community
Supports, and Consumer Support Grant
Program.new text end Of this appropriation, $1,920,000
in fiscal year 2019 is for administration,
training, or grants for the personal care
assistance, consumer directed community
supports, and consumer support grant
program. The commissioner may transfer
funds between budget activities with the
approval of the commissioner of management
and budget. The general fund base is $219,000
in fiscal year 2020 and $0 in fiscal year 2021.
This paragraph expires June 30, 2020.
new text end
new text begin
(b) Base Adjustment.
new text end
new text begin
The general fund base
is increased $3,186,000 in fiscal year 2020
and $3,178,000 in fiscal year 2021.
new text end
new text begin Subd. 5. new text end
new text begin
Central Office; Community Supports
|
new text begin
-0- new text end |
new text begin
5,723,000 new text end |
||||
new text begin
Base Adjustment.
new text end
new text begin
The general fund base is
increased $4,060,000 in fiscal year 2020 and
$3,841,000 in fiscal year 2021.
new text end
new text begin Subd. 6. new text end
new text begin
Forecasted Programs; MFIP Child Care
|
new text begin
-0- new text end |
new text begin
1,902,000 new text end |
||||
new text begin Subd. 7. new text end
new text begin
Forecasted Programs; Medical
|
new text begin
-0- new text end |
new text begin
9,658,000 new text end |
||||
new text begin Subd. 8. new text end
new text begin
Forecasted Programs; Chemical
|
new text begin
-0- new text end |
new text begin
(14,243,000) new text end |
||||
new text begin Subd. 9. new text end
new text begin
Grant Programs; Basic Sliding Fee
|
new text begin
-0- new text end |
new text begin
304,000 new text end |
||||
new text begin
Base Adjustment.
new text end
new text begin
The general fund base is
increased $900,000 in fiscal year 2020 and
$940,000 in fiscal year 2021.
new text end
new text begin Subd. 10. new text end
new text begin
Grant Programs; Child Support
|
new text begin
-0- new text end |
new text begin
382,000 new text end |
||||
new text begin
(a) Child Support Enforcement Fees.
new text end
new text begin
$382,000 is appropriated in fiscal year 2019
from the general fund for payment of child
support enforcement fees. The commissioner
may transfer and administer the funds from
the special revenue fund consistent with
Minnesota Statutes, section 518A.51.
new text end
new text begin
(b) Base Adjustment.
new text end
new text begin
The general fund base
is increased $382,000 in fiscal year 2020 and
$382,000 in fiscal year 2021.
new text end
new text begin Subd. 11. new text end
new text begin
Grant Programs; Children and
|
new text begin
-0- new text end |
new text begin
3,000,000 new text end |
||||
new text begin
(a) County and Tribal Adult Protection
Grants.
new text end
new text begin
$3,000,000 in fiscal year 2019 is
appropriated from the general fund for grants
to counties and tribes to provide adult
protection services under Minnesota Statutes,
section 256M.42. The general fund base is
$3,500,000 in fiscal year 2020 and $4,000,000
in fiscal year 2021.
new text end
new text begin
(b) Base Adjustment.
new text end
new text begin
The general fund base
is increased $3,500,000 in fiscal year 2020
and $4,000,000 in fiscal year 2021.
new text end
new text begin Subd. 12. new text end
new text begin
Grant Programs; Health Care Grants
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
(a) Opioid Local Response Grants.
new text end
new text begin
$2,000,000 in fiscal year 2019 is appropriated
from the general fund to contract with
communities to design and implement
integrated responses to the opioid crisis
utilizing a community integration tool tailored
to each community based on input from and
collaboration with community partners in the
areas each grant is intended to serve. This is
a onetime appropriation.
new text end
new text begin
(b) Base Adjustment.
new text end
new text begin
The opioid stewardship
fund base in this activity is increased
$2,000,000 in fiscal year 2020 and $2,000,000
in fiscal year 2021 to continue funding
contracts with communities to design and
implement integrated responses to the opioid
crisis utilizing a community integration tool
tailored to each community based on input
from and collaboration with community
partners in the areas each grant is intended to
serve. The opioid stewardship fund base is
$2,000,000 in fiscal year 2022 and $0 in fiscal
year 2023. This paragraph expires June 30,
2022.
new text end
new text begin Subd. 13. new text end
new text begin
Grant Programs; Child Mental Health
|
new text begin
-0- new text end |
new text begin
5,000,000 new text end |
||||
new text begin
Base Adjustment.
new text end
new text begin
The general fund base is
increased $5,000,000 in fiscal year 2020 and
$5,000,000 in fiscal year 2021.
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
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
17,416,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
12,483,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
4,933,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin Subd. 2. new text end
new text begin
Health Improvement
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
6,969,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
1,259,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
(a) Opioid Treatment and Prevention.
new text end
new text begin
$6,000,000 in fiscal year 2019 is appropriated
from the general fund to provide grants to
American Indian communities to support
opioid abuse prevention programs, to provide
Naloxone kits and training to emergency
medical service persons as defined under
Minnesota Statutes, section 144.7401, and to
fund local community prevention action teams.
This is a onetime appropriation.
new text end
new text begin
(b) Base Adjustments.
new text end
new text begin
The general fund base
is increased $969,000 in fiscal year 2020 and
$969,000 in fiscal year 2021. The state
government special revenue fund base is
increased $1,759,000 in fiscal year 2020 and
$2,259,000 in fiscal year 2021. The opioid
stewardship fund base is increased $6,000,000
in fiscal year 2020 and $6,000,000 in fiscal
year 2021.
new text end
new text begin Subd. 3. new text end
new text begin
Health Protection
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
5,514,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
3,674,000 new text end |
new text begin
(a) Strengthen Protections for Vulnerable
Adults.
new text end
new text begin
$1,500,000 in fiscal year 2019 and
$3,000,000 in fiscal year 2020 are
appropriated from the general fund to
strengthen protections for vulnerable adults
that use home care services.
new text end
new text begin
(b) Assisted Living Licensure and Dementia
Care Certification Rules.
new text end
new text begin
$1,557,000 in fiscal
year 2019, $4,715,000 in fiscal year 2020, and
$9,303,000 in fiscal year 2023 are
appropriated from the state government special
revenue fund to the commissioner of health
for administering the assisted living licensure
and dementia care certification rules under
article 7, section 53.
new text end
new text begin
(c) Base Adjustments.
new text end
new text begin
The general fund base
is increased $5,483,000 in fiscal year 2020
and $2,398,000 in fiscal year 2021. The state
government special revenue fund base is
increased $8,949,000 in fiscal year 2020 and
$13,537,000 in fiscal year 2021.
new text end
Sec. 4. new text begin HEALTH-RELATED BOARDS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,383,000 new text end |
||
new text begin
Unless otherwise noted, this appropriation is
from the state government special revenue
fund. The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Board of Pharmacy
|
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
2,383,000 new text end |
|
new text begin
Opioid Stewardship new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
new text begin
(a) Opioid Stewardship Fee and
Prescription Monitoring Program Upgrade.
new text end
new text begin
$1,819,000 in fiscal year 2019 is appropriated
from the general fund. This is a onetime
appropriation. $1,430,000 in fiscal year 2020
and $1,430,000 in fiscal year 2021 are
appropriated from the opioid stewardship fund
for technology, implementation, and
administration of the opioid stewardship fee
program and upgrades to the prescription
monitoring program.
new text end
new text begin
(b) Vendor Contract for Health Care
Provider Integration.
new text end
new text begin
$564,000 in fiscal year
2019 is appropriated from the general fund.
This is a onetime appropriation. $814,000 in
fiscal year 2020 and $1,061,000 in fiscal year
2021 are appropriated from the opioid
stewardship fund for a vendor contract to
securely integrate health care provider
technology systems with the prescription
monitoring program, according to Minnesota
Statutes, section 152.126, subdivision 11. The
value of the vendor contract is limited to the
appropriations in this section.
new text end
new text begin
(c) Base Adjustments.
new text end
new text begin
The opioid
stewardship fund base is increased $2,244,000
in fiscal year 2020 and $2,491,000 in fiscal
year 2021.
new text end
Sec. 5.
Minnesota Statutes 2016, section 144.3831, subdivision 1, is amended to read:
Subdivision 1.
Fee setting.
The commissioner of health may assess an annual fee of
deleted text begin $6.36deleted text end new text begin $9.72new text end for every service connection to a public water supply that is owned or operated
by a home rule charter city, a statutory city, a city of the first class, or a town. The
commissioner of health may also assess an annual fee for every service connection served
by a water user district defined in section 110A.02.
Sec. 6.
Laws 2017, chapter 2, article 1, section 7, as amended by Laws 2017, First Special
Session chapter 6, article 5, section 9, is amended to read:
Sec. 7. APPROPRIATIONS.
(a) $311,788,000 in fiscal year 2017 is appropriated from the general fund to the
commissioner of management and budget for premium assistance under section 2. This
appropriation is onetime and is available through August 31, 2018.
(b) $157,000 in fiscal year 2017 is appropriated from the general fund to the legislative
auditor for purposes of section 3. This appropriation is onetime.
new text begin
(c) $75,391,000 is canceled from the appropriation in paragraph (a) to the general fund
upon enactment of this act.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Any unexpended amount from the appropriation in paragraph (a) after June 30,
2018, shall be transferred no later than August 31, 2018, from the general fund to the budget
reserve account under Minnesota Statutes, section 16A.152, subdivision 1a.
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 PREMIUM SECURITY PLAN ACCOUNT TRANSFERS.
new text end
new text begin
(a) The commissioner of commerce shall transfer $41,609,000 from the premium security
plan account in Minnesota Statutes, section 62E.25, subdivision 1, to the MinnesotaCare
Buy-In Option reserve fund established in Minnesota Statutes, section 256L.30, on July 1,
2019.
new text end
new text begin
(b) The commissioner of commerce shall transfer $130,720,000 from the premium
security plan account in Minnesota Statutes, section 62E.25, subdivision 1, to the general
fund by June 30, 2020.
new text end
Sec. 8. new text begin APPROPRIATION; MINNESOTACARE BUY-IN OPTION TRANSFER.
new text end
new text begin
$58,391,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of human services. The commissioner of human services must transfer $58,391,000 from
the general fund to the MinnesotaCare Buy-In Option reserve fund established in Minnesota
Statutes, section 256L.30, by no later than December 31, 2019. This is a onetime
appropriation and transfer.
new text end
Sec. 9. new text begin APPROPRIATION; OPIOID STEWARDSHIP FUND TRANSFER.
new text end
new text begin
$8,000 in fiscal year 2020 and $12,000 in fiscal year 2021 are appropriated from the
opioid stewardship fund to the commissioner of human services. The commissioner of
human services must transfer $8,000 in fiscal year 2020 and $12,000 in fiscal year 2021
from the opioid stewardship fund to the general fund by no later than December 31, 2019.
The purpose of this transfer is to pay for the cost of additional screenings under Minnesota
Statutes, section 254A.03, subdivision 3.
new text end
Sec. 10. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2019, unless a
different expiration date is explicit.
new text end
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin This article is effective July 1, 2018, unless a different effective date is specifiednew text end .
APPENDIX
Repealed Minnesota Statutes: 18-7345
119B.125 PROVIDER REQUIREMENTS.
Subd. 5.
Provisional payment.
After a county receives a completed application from a provider, the county may issue provisional authorization and payment to the provider during the time needed to determine whether to give final authorization to the provider.
119B.16 FAIR HEARING PROCESS.
Subd. 2.
Informal conference.
The county agency shall offer an informal conference to applicants and recipients adversely affected by an agency action to attempt to resolve the dispute. The county agency shall offer an informal conference to providers to whom the county agency has assigned responsibility for an overpayment in an attempt to resolve the dispute. The county agency or the provider may ask the family in whose case the overpayment arose to participate in the informal conference, but the family may refuse to do so. The county agency shall advise adversely affected applicants, recipients, and providers that a request for a conference with the agency is optional and does not delay or replace the right to a fair hearing.
144G.01 DEFINITIONS.
Subdivision 1.
Scope; other definitions.
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.
Subd. 2.
Assisted living.
"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.
Subd. 3.
Assisted living client.
"Assisted living client" or "client" means a housing with services resident who receives assisted living that is subject to the requirements of this chapter.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of health.
144G.02 ASSISTED LIVING; PROTECTED TITLE; REGULATORY FUNCTION.
Subdivision 1.
Protected title; restriction on use.
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.
Subd. 2.
Authority of commissioner.
(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.
(b) In addition to the authority with respect to licensed home care providers under section 144A.45 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.
144G.03 ASSISTED LIVING REQUIREMENTS.
Subdivision 1.
Verification in annual registration.
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.
Subd. 2.
Minimum requirements for assisted living.
(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.
(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:
(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:
(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and
(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.
All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;
(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 and sections 148.171 to 148.285;
(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;
(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;
(5) has and maintains a system to check on each assisted living client at least daily;
(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;
(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:
(i) awake;
(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;
(iii) capable of communicating with assisted living clients;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or summoning the appropriate assistance; and
(vi) capable of following directions;
(8) offers to provide or make available at least the following supportive services to assisted living clients:
(i) two meals per day;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(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;
(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
(vi) periodic opportunities for socialization; and
(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.
Subd. 3.
Exemption from awake-staff requirement.
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:
(1) the establishment has a maximum capacity to serve 12 or fewer assisted living clients;
(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;
(3) the establishment has a system in place that is compatible with the health, safety, and welfare of the establishment's assisted living clients;
(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;
(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
(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.
Subd. 4.
Nursing assessment.
(a) A housing with services establishment offering or providing assisted living shall:
(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 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
(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.
(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.
(c) The arranged home care provider shall comply with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285, 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.
Subd. 5.
Assistance with arranged home care provider.
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.
Subd. 6.
Termination of housing with services contract.
If a housing with services establishment terminates a housing with services contract with an assisted living client, the establishment shall provide the assisted living client, and the legal or designated representative of the assisted living client, if any, with a written notice of termination which includes the following information:
(1) the effective date of termination;
(2) the section of the contract that authorizes the termination;
(3) without extending the termination notice period, an affirmative offer to meet with the assisted living client and, if applicable, client representatives, within no more than five business days of the date of the termination notice to discuss the termination;
(4) an explanation that:
(i) the assisted living client must vacate the apartment, along with all personal possessions, on or before the effective date of termination;
(ii) failure to vacate the apartment by the date of termination may result in the filing of an eviction action in court by the establishment, and that the assisted living client may present a defense, if any, to the court at that time; and
(iii) the assisted living client may seek legal counsel in connection with the notice of termination;
(5) a statement that, with respect to the notice of termination, reasonable accommodation is available for the disability of the assisted living client, if any; and
(6) the name and contact information of the representative of the establishment with whom the assisted living client or client representatives may discuss the notice of termination.
144G.04 RESERVATION OF RIGHTS.
Subdivision 1.
Use of services.
Nothing in this chapter requires an assisted living client to utilize any service provided or made available in assisted living.
Subd. 2.
Housing with services contracts.
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.
Subd. 3.
Provision of services.
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.
Subd. 4.
Altering operations; service packages.
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.
144G.05 REIMBURSEMENT UNDER ASSISTED LIVING SERVICE PACKAGES.
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 access for disability inclusion (CADI) and Brain Injury (BI) 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 BI waiver plans.
144G.06 UNIFORM CONSUMER INFORMATION GUIDE.
The commissioner 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.
245E.03 DUTY TO PROVIDE ACCESS.
Subd. 3.
Notice of denial or termination.
When a provider fails to provide access, a 15-day notice of denial or termination must be issued to the provider, which prohibits the provider from participating in the child care assistance program. Notice must be sent to recipients whose children are under the provider's care pursuant to Minnesota Rules, part 3400.0185.
245E.06 ADMINISTRATIVE SANCTIONS.
Subd. 2.
Written notice of department sanction; sanction effective date; informal meeting.
(a) The department shall give notice in writing to a person of an administrative sanction that is to be imposed. The notice shall be sent by mail as defined in section 245E.01, subdivision 11.
(b) The notice shall state:
(1) the factual basis for the department's determination;
(2) the sanction the department intends to take;
(3) the dollar amount of the monetary recovery or recoupment, if any;
(4) how the dollar amount was computed;
(5) the right to dispute the department's determination and to provide evidence;
(6) the right to appeal the department's proposed sanction; and
(7) the option to meet informally with department staff, and to bring additional documentation or information, to resolve the issues.
(c) In cases of determinations resulting in denial or termination of payments, in addition to the requirements of paragraph (b), the notice must state:
(1) the length of the denial or termination;
(2) the requirements and procedures for reinstatement; and
(3) the provider's right to submit documents and written arguments against the denial or termination of payments for review by the department before the effective date of denial or termination.
(d) The submission of documents and written argument for review by the department under paragraph (b), clause (5) or (7), or paragraph (c), clause (3), does not stay the deadline for filing an appeal.
(e) Notwithstanding section 245E.03, subdivision 4, the effective date of the proposed sanction shall be 30 days after the license holder's, provider's, controlling individual's, or recipient's receipt of the notice, unless timely appealed. If a timely appeal is made, the proposed sanction shall be delayed pending the final outcome of the appeal. Implementation of a proposed sanction following the resolution of a timely appeal may be postponed if, in the opinion of the department, the delay of sanction is necessary to protect the health or safety of children in care. The department may consider the economic hardship of a person in implementing the proposed sanction, but economic hardship shall not be a determinative factor in implementing the proposed sanction.
(f) Requests for an informal meeting to attempt to resolve issues and requests for appeals must be sent or delivered to the department's Office of Inspector General, Financial Fraud and Abuse Division.
Subd. 4.
Consolidated hearings with licensing sanction.
If a financial misconduct sanction has an appeal hearing right and it is timely appealed, and a licensing sanction exists for which there is an appeal hearing right and the sanction is timely appealed, and the overpayment recovery action and licensing sanction involve the same set of facts, the overpayment recovery action and licensing sanction must be consolidated in the contested case hearing related to the licensing sanction.
Subd. 5.
Effect of department's administrative determination or sanction.
Unless a timely and proper appeal is received by the department, the department's administrative determination or sanction shall be considered a final department determination.
Repealed Minnesota Rule: 18-7345
3400.0185 TERMINATION AND ADVERSE ACTIONS; NOTICE REQUIRED.
Subp. 5.
Notice to providers of actions adverse to the provider.
The county must give a provider written notice of the following actions adverse to the provider: a denial of authorization, a termination of authorization, a reduction in the number of hours of care with that provider, and a determination that the provider has an overpayment. The notice must include the following information:
C.
a statement that unless a family appeals the adverse action before the effective date or the provider appeals the overpayment determination, the adverse action will occur on the effective date. The notice must be mailed to the provider at least 15 calendar days before the effective date of the adverse action.