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Capital IconMinnesota Legislature

HF 4579

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 11:32am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 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 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 2.49 2.50 2.51 2.52 2.53 2.54 2.55 2.56 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 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16
4.17 4.18 4.19
4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 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
6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21 6.22
6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2
7.3 7.4 7.5
7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14
7.15 7.16 7.17
7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31
10.32 10.33 10.34
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33
14.34
15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22
15.23
15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9
16.10 16.11 16.12 16.13 16.14 16.15
16.16 16.17 16.18
16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 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 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 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19
19.20 19.21 19.22
19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 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
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20
22.21 22.22 22.23
22.24 22.25 22.26 22.27 22.28 22.29 22.30 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 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2
25.3 25.4 25.5
25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23
25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3
26.4 26.5 26.6
26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6
29.7 29.8 29.9
29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 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 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 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17
34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 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 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 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 37.34 37.35 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 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 40.31 40.32 40.33 40.34 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 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7
42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27
42.28 42.29 42.30
43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16
44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 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 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
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 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 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 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10
57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 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 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 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 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20
63.21 63.22 63.23
63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10
64.11 64.12 64.13
64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24
64.25 64.26 64.27
64.28 64.29 64.30 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24
65.25 65.26 65.27
65.28 65.29 65.30 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 66.32 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 67.32 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 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
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 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
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 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
77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 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
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 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
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 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28
83.29 83.30 83.31 83.32 83.33 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 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
86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 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 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 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 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 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 94.1 94.2 94.3
94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14
95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 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 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 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 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22
101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18
102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27
102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5
103.6 103.7
103.8 103.9 103.10 103.11 103.12 103.13 103.14
103.15
103.16 103.17 103.18 103.19 103.20
103.21
103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20
105.21
105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9
106.10
106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31
106.32
107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13
108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23
108.24 108.25 108.26 108.27 108.28 108.29 108.30 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8
109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22
112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8
113.9
113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10
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
117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13
118.14
118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3 119.4 119.5 119.6
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
119.27 119.28 119.29 119.30 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14
121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26
123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4
124.5
124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11
125.12
125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12
126.13
126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11
127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2
128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7
129.8
129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18
129.19
129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19
130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31
130.32
131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8
131.9
131.10 131.11 131.12 131.13 131.14 131.15 131.16
131.17
131.18 131.19 131.20 131.21
131.22
131.23 131.24 131.25 131.26
131.27
132.1 132.2 132.3 132.4 132.5 132.6
132.7
132.8 132.9 132.10
132.11
132.12 132.13 132.14 132.15 132.16
132.17
132.18 132.19 132.20 132.21 132.22 132.23
132.24 132.25 132.26
132.27
133.1 133.2 133.3 133.4 133.5
133.6
133.7 133.8 133.9 133.10 133.11
133.12
133.13 133.14 133.15 133.16 133.17 133.18
133.19
133.20 133.21 133.22 133.23 133.24 133.25
133.26
133.27 133.28 133.29 133.30 134.1 134.2 134.3 134.4
134.5
134.6 134.7 134.8 134.9 134.10 134.11
134.12
134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6
135.7
135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27
136.28
136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6
137.7 137.8 137.9 137.10 137.11 137.12
137.13
137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29
138.30
139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11
139.12
139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26
142.27
142.28 142.29 142.30 142.31 143.1 143.2
143.3
143.4 143.5 143.6 143.7 143.8
143.9
143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25
144.26
144.27 144.28 144.29 144.30
144.31
145.1 145.2 145.3 145.4 145.5
145.6
145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11
146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22
146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3
150.4 150.5 150.6
150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12
152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13
154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
154.30 154.31 154.32 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17
156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29
159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5
160.6
160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16
161.17 161.18 161.19 161.20 161.21 161.22
161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3
163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14
163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 164.1 164.2 164.3 164.4 164.5
164.6 164.7 164.8
164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17
166.18 166.19 166.20
166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 167.1 167.2
167.3 167.4 167.5
167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23
167.24 167.25 167.26
167.27 167.28 167.29 167.30 167.31 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12
169.13 169.14 169.15
169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7
170.8 170.9 170.10
170.11 170.12 170.13 170.14 170.15 170.16
170.17 170.18 170.19
170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 172.1 172.2 172.3 172.4 172.5
172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22
172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 175.1 175.2 175.3
175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17
177.18 177.19 177.20
177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25
178.26 178.27 178.28 178.29 178.30 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21
179.22 179.23 179.24 179.25 179.26
179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29
180.30 180.31 180.32 180.33 180.34 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 182.1 182.2
182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14
184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14
185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25
185.26 185.27 185.28 185.29 185.30 185.31 185.32 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12
186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25
187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15
187.16 187.17 187.18
187.19 187.20 187.21
187.22 187.23 187.24 187.25 187.26 187.27
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8
188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20
188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31
189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9
189.10 189.11
189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21
190.22
190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31
191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18
191.19 191.20 191.21 191.22 191.23
191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 192.1 192.2 192.3 192.4 192.5 192.6
192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 193.1 193.2
193.3 193.4 193.5
193.6
193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23
193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12
194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22
194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2
195.3 195.4 195.5 195.6 195.7 195.8 195.9
195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17
195.18 195.19 195.20 195.21
195.22 195.23 195.24 195.25
195.26 195.27 195.28 195.29 195.30
196.1 196.2 196.3 196.4
196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27
196.28 196.29 196.30 196.31 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9
197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26
197.27 197.28 197.29 197.30 197.31 197.32 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33
199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15
199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29
199.30 199.31 199.32 199.33 200.1 200.2 200.3
200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23
200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32
201.1 201.2 201.3 201.4 201.5 201.6 201.7
201.8 201.9 201.10 201.11 201.12 201.13 201.14
201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10
203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22
203.23 203.24 203.25
203.26 203.27
203.28 203.29 203.30 203.31 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15
204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 205.1 205.2 205.3 205.4 205.5 205.6
205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10
206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18
207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19
209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33
212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24
212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32
213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 214.1 214.2 214.3 214.4 214.5 214.6 214.7
214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24
216.25
216.26 216.27 216.28 216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26
217.27
217.28 217.29 217.30 218.1 218.2 218.3
218.4
218.5 218.6 218.7 218.8 218.9 218.10
218.11
218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27
218.28
219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12
219.13
219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24
219.25
219.26 219.27 219.28 219.29 219.30 220.1 220.2
220.3
220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19
220.20
220.21 220.22 220.23 220.24 220.25 220.26
220.27
221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28
223.29
224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 226.1 226.2
226.3
226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15
226.16
226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32
231.1
231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10
231.11 231.12 231.13
231.14 231.15 231.16
231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26
231.27 231.28
231.29
232.1 232.2
232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 234.33 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26
236.27 236.28 236.29 236.30 236.31 236.32 236.33 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21
237.22 237.23 237.24 237.25 237.26 237.27
237.28 237.29 237.30 237.31 237.32 237.33 238.1 238.2 238.3 238.4 238.5 238.6
238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14
238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 238.33 239.1 239.2 239.3 239.4 239.5 239.6 239.7
239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21
239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8
243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18
243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 244.34 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9
245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 248.34 249.1 249.2 249.3 249.4 249.5 249.6
249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14
251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14
252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17
254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 255.32 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27
256.28 256.29 256.30 256.31 256.32 256.33 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 262.1 262.2 262.3 262.4 262.5 262.6
262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 264.1 264.2 264.3 264.4 264.5
264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 264.33 264.34 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 268.34 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 270.31 270.32 270.33 270.34
271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21
271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27
273.28 273.29 273.30 273.31 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10
274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26
274.27 274.28 274.29 274.30 274.31 274.32 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 275.34 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9
277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27
277.28 277.29 277.30 277.31 277.32 278.1 278.2 278.3 278.4 278.5 278.6
278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 278.33 279.1 279.2
279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14
279.15 279.16 279.17 279.18 279.19 279.20 279.21
279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28
280.29 280.30 280.31 280.32 280.33 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18
281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29
283.30 283.31 283.32 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18
284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11
288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17
291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 291.34 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19
293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20
294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 298.1 298.2 298.3 298.4
298.5 298.6 298.7 298.8 298.9 298.10 298.11
298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21
298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14
300.15 300.16 300.17 300.18 300.19
300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25
302.26 302.27
302.28 302.29 302.30 302.31 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25
303.26 303.27 303.28 303.29 303.30 303.31 303.32 304.1 304.2 304.3 304.4 304.5 304.6
304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18
304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26
305.27 305.28 305.29 305.30 305.31 305.32 305.33 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 306.33 306.34 306.35 307.1 307.2 307.3 307.4
307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 308.1 308.2 308.3 308.4 308.5
308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27
309.28 309.29 309.30 309.31 309.32 309.33 309.34 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11
310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21
310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 310.32
311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28
311.29 311.30 311.31 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11
312.12 312.13 312.14 312.15 312.16 312.17 312.18
312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29
312.30 312.31 312.32 312.33 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21
313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29
314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10
314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 315.1 315.2 315.3 315.4
315.5 315.6 315.7 315.8 315.9 315.10 315.11
315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32 315.33 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8
316.9 316.10 316.11 316.12 316.13 316.14
316.15 316.16 316.17 316.18 316.19 316.20 316.21
316.22 316.23 316.24 316.25 316.26
316.27 316.28 316.29 316.30 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25
317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 317.34 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 319.1 319.2 319.3 319.4 319.5 319.6 319.7
319.8 319.9
319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29 319.30 319.31 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8
320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 320.28 320.29 320.30 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17
321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 321.30 321.31 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31 322.32 322.33 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18
323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32
324.1 324.2
324.3 324.4
324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23
324.24 324.25 324.26 324.27 324.28 324.29 324.30 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16
325.17
325.18 325.19 325.20 325.21
325.22
325.23 325.24 325.25 325.26 325.27 325.28 325.29
326.1 326.2 326.3 326.4 326.5 326.6 326.7
326.8
326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18
326.19
326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10
327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 328.1 328.2 328.3
328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20
328.21
328.22 328.23 328.24 328.25 328.26 328.27 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32
330.1 330.2 330.3 330.4
330.5
330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16
330.17
330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 331.1 331.2 331.3
331.4
331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15
331.16 331.17 331.18 331.19
331.20
331.21 331.22 331.23 331.24 331.25 331.26
331.27
332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21
332.22
332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18
333.19
333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 334.1 334.2 334.3 334.4 334.5 334.6
334.7 334.8
334.9 334.10 334.11 334.12 334.13 334.14
334.15
334.16 334.17 334.18 334.19 334.20 334.21
334.22
334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12
335.13
335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21
335.22
335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13
336.14
336.15 336.16 336.17 336.18
336.19
336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 337.1 337.2 337.3 337.4 337.5 337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14
337.15
337.16 337.17 337.18 337.19 337.20 337.21 337.22
337.23
337.24 337.25 337.26 337.27 337.28 337.29 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8
339.9 339.10
339.11 339.12 339.13 339.14 339.15
339.16
339.17 339.18 339.19 339.20 339.21
339.22
339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 340.1 340.2
340.3
340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14 340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26
341.27 341.28
342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8
342.9
342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26
342.27
343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12
343.13
343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28
343.29
344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10
344.11
344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 344.31 344.32 345.1 345.2 345.3 345.4 345.5
345.6
345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 345.33 346.1 346.2 346.3 346.4 346.5 346.6 346.7
346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 348.1 348.2 348.3 348.4 348.5 348.6
348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28
348.29 348.30
349.1 349.2 349.3 349.4 349.5 349.6
349.7 349.8 349.9 349.10
349.11 349.12
349.13 349.14 349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32 350.33 351.1 351.2 351.3 351.4
351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25
351.26 351.27 351.28 351.29 351.30 351.31 351.32 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 352.33 352.34 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 354.1 354.2 354.3 354.4 354.5 354.6 354.7 354.8 354.9
354.10 354.11 354.12
354.13 354.14
354.15 354.16 354.17 354.18 354.19
354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31
355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12
355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30
356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10
356.11 356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20
356.21 356.22 356.23 356.24 356.25 356.26
356.27 356.28 356.29 357.1 357.2 357.3
357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16 357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 358.1 358.2 358.3 358.4
358.5
358.6 358.7
358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 358.32 358.33 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30 359.31 359.32 359.33 359.34 360.1 360.2
360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 361.32 361.33 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8 362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28
362.29 362.30 362.31 362.32 363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8
363.9
363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13
364.14
364.15 364.16 364.17 364.18
364.19
364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30 365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14
365.15
365.16 365.17 365.18 365.19 365.20 365.21
365.22
365.23 365.24 365.25 365.26 365.27 365.28 366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11
366.12
366.13 366.14 366.15 366.16 366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11
367.12
367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28
368.29
368.30 368.31 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17
369.18
369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30
369.31
370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8
370.9
370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12 371.13 371.14 371.15 371.16 371.17
371.18
371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29 371.30 371.31 372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10
372.11
372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24 372.25 372.26 372.27 372.28 372.29 372.30 372.31 373.1 373.2
373.3
373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23
373.24
373.25 373.26 373.27 373.28
373.29
374.1 374.2
374.3 374.4 374.5 374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 375.1 375.2 375.3
375.4
375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 376.31
376.32
377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 377.31 377.32 377.33 377.34
378.1
378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16
378.17
378.18 378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 378.32 379.1 379.2 379.3 379.4
379.5
379.6 379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 379.33 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16
380.17
380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31 380.32 380.33 381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11
381.12
381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 382.1 382.2 382.3
382.4
382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 383.32 383.33 383.34 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14 384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29 384.30 384.31 384.32 384.33
385.1
385.2 385.3 385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15
385.16
385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28
385.29
386.1 386.2
386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 386.11 386.12 386.13 386.14 386.15
386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 386.32 386.33 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13
387.14
387.15 387.16
387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 388.1 388.2
388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29 388.30 388.31 388.32 388.33 388.34 389.1 389.2 389.3 389.4 389.5 389.6 389.7 389.8 389.9 389.10 389.11 389.12 389.13 389.14 389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 389.32 389.33 389.34 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27 390.28 390.29 390.30 390.31 390.32 390.33 390.34 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9 391.10 391.11 391.12 391.13 391.14 391.15 391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28 391.29 391.30 391.31 391.32 391.33 391.34 392.1 392.2 392.3 392.4 392.5 392.6 392.7 392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26 392.27 392.28 392.29 392.30 392.31 392.32 392.33 392.34 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 393.32 393.33 393.34 393.35 394.1 394.2 394.3 394.4 394.5 394.6 394.7 394.8 394.9 394.10 394.11 394.12 394.13 394.14 394.15 394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 394.28 394.29 394.30 394.31 394.32 394.33 394.34 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 395.32 395.33 395.34 395.35 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30 396.31 396.32 396.33 396.34 396.35 397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19 397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 397.31 397.32 397.33 397.34 397.35 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8 398.9 398.10 398.11 398.12 398.13 398.14 398.15 398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 398.33 398.34 398.35 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8 399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 399.31 399.32 399.33 399.34 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 400.32 400.33 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 401.30 401.31 401.32 401.33 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 402.31 402.32 402.33 402.34 403.1 403.2 403.3 403.4 403.5 403.6 403.7 403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15 403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29 403.30 403.31 403.32 403.33 403.34 403.35 404.1 404.2 404.3 404.4 404.5 404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23 404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31 404.32 404.33 404.34 405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11 405.12 405.13 405.14 405.15 405.16 405.17 405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 405.31 405.32 405.33 405.34 405.35 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10 406.11 406.12 406.13 406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 406.33 406.34 406.35 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13 407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32 407.33 407.34 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10 408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 408.34 408.35 409.1 409.2 409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30 409.31 409.32 409.33 409.34 409.35 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16 410.17 410.18 410.19 410.20 410.21 410.22 410.23 410.24 410.25 410.26 410.27 410.28 410.29 410.30 410.31 410.32 410.33 410.34 410.35 411.1 411.2 411.3 411.4 411.5 411.6 411.7 411.8 411.9 411.10 411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31 411.32 411.33 411.34 411.35 412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17 412.18 412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31 412.32 412.33 412.34 413.1 413.2 413.3 413.4 413.5 413.6
413.7 413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 413.33 413.34 413.35 414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19 414.20 414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 414.34 414.35 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21 415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30 415.31 415.32 415.33 415.34 416.1 416.2 416.3 416.4 416.5 416.6 416.7 416.8 416.9 416.10 416.11 416.12 416.13 416.14 416.15 416.16 416.17 416.18 416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31 416.32 416.33 416.34 416.35 417.1 417.2 417.3 417.4 417.5 417.6 417.7 417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19 417.20 417.21 417.22 417.23 417.24 417.25 417.26 417.27 417.28 417.29 417.30 417.31 417.32 417.33 417.34 418.1 418.2 418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 418.33 418.34 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 419.32 419.33 419.34 419.35 420.1 420.2 420.3 420.4 420.5 420.6 420.7 420.8 420.9 420.10 420.11 420.12 420.13 420.14 420.15 420.16 420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28 420.29 420.30 420.31 420.32 420.33 420.34 421.1 421.2 421.3 421.4 421.5 421.6 421.7 421.8 421.9 421.10 421.11 421.12 421.13 421.14 421.15 421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 421.31 421.32 421.33 421.34 422.1 422.2 422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12 422.13 422.14 422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27 422.28 422.29 422.30 422.31 422.32 422.33 422.34 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22 423.23 423.24 423.25 423.26 423.27 423.28 423.29 423.30 423.31 423.32 423.33 423.34 423.35 424.1 424.2 424.3 424.4 424.5 424.6 424.7 424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15 424.16 424.17 424.18 424.19 424.20 424.21 424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 424.34 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9 425.10 425.11 425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 425.34 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10 426.11 426.12 426.13 426.14 426.15 426.16 426.17 426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25 426.26 426.27 426.28 426.29 426.30 426.31 426.32 426.33 426.34 426.35 427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11 427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27 427.28 427.29 427.30 427.31 427.32 427.33 427.34 427.35 428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8 428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20
428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29 428.30 428.31 428.32 428.33 428.34 429.1 429.2 429.3 429.4 429.5 429.6 429.7 429.8 429.9
429.10
429.11 429.12 429.13
429.14 429.15 429.16 429.17 429.18 429.19 429.20 429.21
429.22 429.23 429.24 429.25 429.26 429.27 429.28 429.29 429.30 429.31
429.32 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8 430.9 430.10 430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18 430.19 430.20 430.21
430.22 430.23 430.24 430.25 430.26 430.27 430.28 430.29 430.30 430.31
430.32 430.33 430.34 431.1 431.2 431.3 431.4 431.5 431.6
431.7 431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20 431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 431.31 431.32 431.33 432.1 432.2 432.3 432.4 432.5 432.6 432.7 432.8 432.9 432.10 432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20
432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 432.31 432.32 432.33 432.34 433.1 433.2 433.3 433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29 433.30 433.31 433.32 433.33 433.34 434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14
434.15 434.16 434.17 434.18 434.19 434.20 434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31 434.32 434.33 434.34 435.1 435.2 435.3 435.4 435.5 435.6 435.7 435.8
435.9 435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18 435.19 435.20 435.21 435.22 435.23 435.24 435.25 435.26 435.27 435.28 435.29 435.30 435.31 435.32 435.33 435.34 435.35 436.1 436.2 436.3 436.4 436.5 436.6 436.7 436.8 436.9 436.10 436.11 436.12 436.13 436.14
436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25 436.26 436.27
437.1 437.2 437.3 437.4 437.5 437.6 437.7 437.8 437.9 437.10
437.11 437.12 437.13 437.14 437.15 437.16 437.17 437.18 437.19 437.20 437.21 437.22 437.23 437.24 437.25 437.26 437.27 437.28 437.29 437.30 437.31
438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8 438.9 438.10 438.11 438.12
438.13 438.14 438.15 438.16 438.17 438.18 438.19 438.20 438.21 438.22 438.23 438.24 438.25 438.26
438.27 438.28 438.29 438.30 439.1 439.2 439.3 439.4 439.5 439.6
439.7 439.8 439.9 439.10 439.11 439.12
439.13 439.14 439.15
439.16 439.17 439.18
439.19 439.20

A bill for an act
relating to state government; modifying provisions governing community supports,
behavioral health, continuing care for older adults, child and vulnerable adult
protection, economic assistance, direct care and treatment, preventing homelessness,
human services licensing and operations, and opioid litigation settlements; making
forecast adjustments; requiring reports; appropriating money; amending Minnesota
Statutes 2020, sections 62N.25, subdivision 5; 62Q.1055; 62Q.47; 119B.011,
subdivision 15; 119B.025, subdivision 4; 145.4716, by adding a subdivision;
169A.70, subdivisions 3, 4; 177.27, subdivisions 4, 7; 242.19, subdivision 2;
245.4882, by adding subdivisions; 245.4889, by adding a subdivision; 245.713,
subdivision 2; 245A.07, subdivisions 2a, 3; 245A.14, subdivision 14; 245D.10,
subdivision 3a; 245D.12; 245F.03; 245F.15, subdivision 1; 245F.16, subdivision
1; 245G.01, subdivisions 4, 17; 245G.05, subdivision 2; 245G.06, subdivision 3,
by adding subdivisions; 245G.08, subdivision 5; 245G.09, subdivision 3; 245G.11,
subdivisions 1, 10; 245G.13, subdivision 1; 245G.20; 245G.22, subdivisions 2, 7,
15; 253B.18, subdivision 6; 254A.19, subdivisions 1, 3, by adding subdivisions;
254B.01, subdivision 5, by adding subdivisions; 254B.03, subdivisions 1, 4, 5;
254B.04, subdivision 2a, by adding subdivisions; 256.01, by adding a subdivision;
256.042, subdivisions 1, 2, 5; 256.043, subdivision 1, by adding a subdivision;
256.045, subdivision 3; 256B.0651, subdivisions 1, 2; 256B.0652, subdivision 11;
256B.0653, subdivision 6; 256B.0659, subdivisions 1, 12, 19, 24; 256B.0757,
subdivision 5; 256B.0913, subdivisions 4, 5; 256B.0941, subdivision 3, by adding
subdivisions; 256B.0946, subdivision 7; 256B.0949, subdivision 15; 256B.4911,
by adding a subdivision; 256B.4914, subdivisions 8, as amended, 9, as amended;
256B.85, by adding a subdivision; 256D.03, by adding a subdivision; 256D.0515;
256D.0516, subdivision 2; 256D.06, subdivisions 1, 2, 5; 256D.09, subdivision
2a; 256E.33, subdivisions 1, 2; 256E.36, subdivision 1; 256I.03, subdivisions 7,
13; 256I.04, subdivision 3; 256I.06, subdivision 6; 256I.09; 256J.08, subdivisions
71, 79; 256J.21, subdivision 4; 256J.33, subdivision 2; 256J.37, subdivisions 3,
3a; 256J.95, subdivision 19; 256K.26, subdivisions 2, 6, 7; 256K.45, subdivision
3, by adding a subdivision; 256L.12, subdivision 8; 256N.26, subdivision 14;
256P.01, by adding a subdivision; 256P.04, subdivision 11; 256P.07, subdivisions
1, 2, 3, 4, 6, 7, by adding subdivisions; 256Q.06, by adding a subdivision; 256R.02,
subdivisions 4, 17, 18, 19, 22, 29, 42a, 48a, by adding subdivisions; 256R.07,
subdivisions 1, 2, 3; 256R.08, subdivision 1; 256R.09, subdivisions 2, 5; 256R.13,
subdivision 4; 256R.16, subdivision 1; 256R.17, subdivision 3; 256R.26,
subdivision 1; 256R.261, subdivision 13; 256R.37; 256R.39; 256S.15, subdivision
2; 256S.16; 256S.18, subdivision 1, by adding a subdivision; 256S.19, subdivision
3; 256S.211, by adding subdivisions; 256S.212; 256S.213; 256S.214; 256S.215;
260.012; 260.761, subdivision 2; 260B.157, subdivisions 1, 3; 260B.331,
subdivision 1; 260C.001, subdivision 3; 260C.007, subdivision 27; 260C.151,
subdivision 6; 260C.152, subdivision 5; 260C.175, subdivision 2; 260C.176,
subdivision 2; 260C.178, subdivision 1; 260C.181, subdivision 2; 260C.193,
subdivision 3; 260C.201, subdivisions 1, 2; 260C.202; 260C.203; 260C.204;
260C.221; 260C.331, subdivision 1; 260C.451, subdivision 8, by adding
subdivisions; 260C.513; 260C.607, subdivisions 2, 5; 260C.613, subdivisions 1,
5; 260E.01; 260E.02, subdivision 1; 260E.03, by adding subdivisions; 260E.14,
subdivisions 2, 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 1;
260E.22, subdivision 2; 260E.24, subdivisions 2, 7; 260E.33, subdivision 1;
260E.34; 260E.35, subdivision 6; 268.19, subdivision 1; 299A.299, subdivision
1; 626.557, subdivisions 4, 9, 9b, 9c, 9d, 10, 10b, 12b; 626.5571, subdivisions 1,
2; 626.5572, subdivisions 2, 4, 17; Minnesota Statutes 2021 Supplement, sections
16A.151, subdivision 2; 62A.673, subdivision 2; 148F.11, subdivision 1; 151.066,
subdivision 3; 245.467, subdivisions 2, 3; 245.4871, subdivision 21; 245.4876,
subdivisions 2, 3; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.735,
subdivision 3; 245A.03, subdivision 7; 245A.043, subdivision 3; 245I.02,
subdivisions 19, 36; 245I.03, subdivision 9; 245I.04, subdivision 4; 245I.05,
subdivision 3; 245I.08, subdivision 4; 245I.09, subdivision 2; 245I.10, subdivisions
2, 6; 245I.20, subdivision 5; 245I.23, subdivision 22, by adding a subdivision;
254A.03, subdivision 3; 254A.19, subdivision 4; 254B.03, subdivision 2; 254B.04,
subdivision 1; 254B.05, subdivisions 1a, 4, 5; 256.01, subdivision 42; 256.042,
subdivision 4; 256.043, subdivisions 3, 4; 256B.0622, subdivision 2; 256B.0625,
subdivisions 3b, 5m; 256B.0671, subdivision 6; 256B.0759, subdivision 4;
256B.0911, subdivision 3a; 256B.0946, subdivisions 1, 1a, 2, 3, 4, 6; 256B.0947,
subdivisions 2, 3, 5, 6; 256B.0949, subdivisions 2, 13; 256B.85, subdivisions 7,
8; 256B.851, subdivision 5; 256I.06, subdivision 8; 256J.21, subdivision 3; 256J.33,
subdivision 1; 256L.03, subdivision 2; 256N.26, subdivision 11; 256P.01,
subdivision 6a; 256P.04, subdivisions 4, 8; 256P.06, subdivision 3; 256S.21;
256S.2101, subdivision 2, by adding a subdivision; 260C.007, subdivision 14;
260C.157, subdivision 3; 260C.212, subdivisions 1, 2; 260C.605, subdivision 1;
260C.607, subdivision 6; 260E.03, subdivision 22; 260E.20, subdivision 2; Laws
2009, chapter 79, article 13, section 3, subdivision 10, as amended; Laws 2019,
chapter 63, article 3, section 1, as amended; Laws 2020, First Special Session
chapter 7, section 1, subdivision 1, as amended; Laws 2021, First Special Session
chapter 2, article 1, section 4, subdivision 2; Laws 2021, First Special Session
chapter 7, article 16, sections 2, subdivisions 29, 31, 33; 12; article 17, sections 1,
subdivision 2; 3; 6; 10; 11; 12; 14, subdivision 3; 17, subdivision 3; Laws 2021,
First Special Session chapter 8, article 6, section 1, subdivision 7; Laws 2022,
chapter 33, section 1, subdivisions 5a, 9a; proposing coding for new law in
Minnesota Statutes, chapters 3; 181; 245; 245A; 256E; 256P; repealing Minnesota
Statutes 2020, sections 169A.70, subdivision 6; 245A.03, subdivision 5; 245F.15,
subdivision 2; 245G.11, subdivision 2; 245G.22, subdivision 19; 246.0136; 252.025,
subdivision 7; 252.035; 254A.02, subdivision 8a; 254A.04; 254A.16, subdivision
6; 254A.19, subdivisions 1a, 2; 254B.04, subdivisions 2b, 2c; 254B.041, subdivision
2; 254B.14, subdivisions 1, 2, 3, 4, 6; 256D.055; 256J.08, subdivisions 10, 61, 62,
81, 83; 256J.30, subdivisions 5, 7; 256J.33, subdivisions 3, 5; 256J.34, subdivisions
1, 2, 3, 4; 256J.37, subdivision 10; 256R.08, subdivision 2; 256R.49; 256S.19,
subdivision 4; Minnesota Statutes 2021 Supplement, sections 254A.19, subdivision
5; 254B.14, subdivision 5; 256J.08, subdivision 53; 256J.30, subdivision 8; 256J.33,
subdivision 4; Minnesota Rules, parts 2960.0460, subpart 2; 9530.6565, subpart
2; 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 19, 20, 21;
9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, 6; 9530.7020,
subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; 9530.7030, subpart
1; 9555.6255.

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

ARTICLE 1

COMMUNITY SUPPORTS AND BEHAVIORAL HEALTH POLICY

Section 1.

Minnesota Statutes 2021 Supplement, section 62A.673, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.

(b) "Distant site" means a site at which a health care provider is located while providing
health care services or consultations by means of telehealth.

(c) "Health care provider" means a health care professional who is licensed or registered
by the state to perform health care services within the provider's scope of practice and in
accordance with state law. A health care provider includes a mental health professional deleted text beginas
defined
deleted text end under section deleted text begin245.462, subdivision 18, or 245.4871, subdivision 27deleted text endnew text begin 245I.04,
subdivision 2
new text end; a mental health practitioner deleted text beginas defineddeleted text end under section deleted text begin245.462, subdivision
17
, or 245.4871, subdivision 26
deleted text endnew text begin 245I.04, subdivision 4; a clinical trainee under section
245I.04, subdivision 6
new text end; a treatment coordinator under section 245G.11, subdivision 7; an
alcohol and drug counselor under section 245G.11, subdivision 5; and a recovery peer under
section 245G.11, subdivision 8.

(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.

(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan
includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental
plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed
to pay benefits directly to the policy holder.

(f) "Originating site" means a site at which a patient is located at the time health care
services are provided to the patient by means of telehealth. For purposes of store-and-forward
technology, the originating site also means the location at which a health care provider
transfers or transmits information to the distant site.

(g) "Store-and-forward technology" means the asynchronous electronic transfer or
transmission of a patient's medical information or data from an originating site to a distant
site for the purposes of diagnostic and therapeutic assistance in the care of a patient.

(h) "Telehealth" means the delivery of health care services or consultations through the
use of real time two-way interactive audio and visual communications to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Until July 1, 2023, telehealth also includes audio-only communication between a health
care provider and a patient in accordance with subdivision 6, paragraph (b). Telehealth does
not include communication between health care providers that consists solely of a telephone
conversation, e-mail, or facsimile transmission. Telehealth does not include communication
between a health care provider and a patient that consists solely of an e-mail or facsimile
transmission. Telehealth does not include telemonitoring services as defined in paragraph
(i).

(i) "Telemonitoring services" means the remote monitoring of clinical data related to
the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits
the data electronically to a health care provider for analysis. Telemonitoring is intended to
collect an enrollee's health-related data for the purpose of assisting a health care provider
in assessing and monitoring the enrollee's medical condition or status.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 2.

Minnesota Statutes 2021 Supplement, section 148F.11, subdivision 1, is amended
to read:


Subdivision 1.

Other professionals.

(a) Nothing in this chapter prevents members of
other professions or occupations from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to: licensed physicians; registered nurses;
licensed practical nurses; licensed psychologists and licensed psychological practitioners;
members of the clergy provided such services are provided within the scope of regular
ministries; American Indian medicine men and women; licensed attorneys; probation officers;
licensed marriage and family therapists; licensed social workers; social workers employed
by city, county, or state agencies; licensed professional counselors; licensed professional
clinical counselors; licensed school counselors; registered occupational therapists or
occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders
(UMICAD) certified counselors when providing services to Native American people; city,
county, or state employees when providing assessments or case management under Minnesota
Rules, chapter 9530; and deleted text beginindividuals defined in section 256B.0623, subdivision 5, clauses
(1) to (6),
deleted text endnew text begin staff personsnew text end providing co-occurring substance use disorder treatment in adult
mental health rehabilitative programs certified or licensed by the Department of Human
Services under section 245I.23, 256B.0622, or 256B.0623.

(b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.

(c) Any person who is exempt from licensure under this section must not use a title
incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold himself or herself out to the public by any title or description
stating or implying that he or she is engaged in the practice of alcohol and drug counseling,
or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless
that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
use of one of the titles in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 3.

Minnesota Statutes 2021 Supplement, section 245.467, subdivision 2, is amended
to read:


Subd. 2.

Diagnostic assessment.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by this
section must complete a diagnostic assessment new text beginof a client new text endaccording to the standards of
section 245I.10deleted text begin, subdivisions 4 to 6deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 4.

Minnesota Statutes 2021 Supplement, section 245.467, subdivision 3, is amended
to read:


Subd. 3.

Individual treatment plans.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by
this section must complete an individual treatment plan new text beginfor a client new text endaccording to the standards
of section 245I.10, subdivisions 7 and 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 5.

Minnesota Statutes 2021 Supplement, section 245.4871, subdivision 21, is amended
to read:


Subd. 21.

Individual treatment plan.

new text begin(a) new text end"Individual treatment plan" means the
formulation of planned services that are responsive to the needs and goals of a client. An
individual treatment plan must be completed according to section 245I.10, subdivisions 7
and 8.

new text begin (b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is
exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual
treatment plan must:
new text end

new text begin (1) include a written plan of intervention, treatment, and services for a child with an
emotional disturbance that the service provider develops under the clinical supervision of
a mental health professional on the basis of a diagnostic assessment;
new text end

new text begin (2) be developed in conjunction with the family unless clinically inappropriate; and
new text end

new text begin (3) identify goals and objectives of treatment, treatment strategy, a schedule for
accomplishing treatment goals and objectives, and the individuals responsible for providing
treatment to the child with an emotional disturbance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 6.

Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 2, is amended
to read:


Subd. 2.

Diagnostic assessment.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by this
section deleted text beginshalldeleted text endnew text begin mustnew text end complete a diagnostic assessment new text beginof a client new text endaccording to the standards
of section 245I.10deleted text begin, subdivisions 4 to 6deleted text end.new text begin Notwithstanding the required timelines for completing
a diagnostic assessment in section 245I.10, a children's residential facility licensed under
Minnesota Rules, chapter 2960, that provides mental health services to children must, within
ten days of the client's admission: (1) complete the client's diagnostic assessment; or (2)
review and update the client's diagnostic assessment with a summary of the child's current
mental health status and service needs if a diagnostic assessment is available that was
completed within 180 days preceding admission and the client's mental health status has
not changed markedly since the diagnostic assessment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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.

Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 3, is amended
to read:


Subd. 3.

Individual treatment plans.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by
this section deleted text beginshalldeleted text endnew text begin mustnew text end complete an individual treatment plan new text beginfor a client new text endaccording to the
standards of section 245I.10, subdivisions 7 and 8.new text begin A children's residential facility licensed
according to Minnesota Rules, chapter 2960, is exempt from the requirements in section
245I.10, subdivisions 7 and 8. Instead, the facility must involve the child and the child's
family in all phases of developing and implementing the individual treatment plan to the
extent appropriate and must review the individual treatment plan every 90 days after intake.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 8.

Minnesota Statutes 2021 Supplement, section 245.735, subdivision 3, is amended
to read:


Subd. 3.

Certified community behavioral health clinics.

(a) The commissioner shall
establish a state certification process for certified community behavioral health clinics
(CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this
section to be eligible for reimbursement under medical assistance, without service area
limits based on geographic area or region. The commissioner shall consult with CCBHC
stakeholders before establishing and implementing changes in the certification process and
requirements. Entities that choose to be CCBHCs must:

(1) comply with state licensing requirements and other requirements issued by the
commissioner;

(2) employ or contract for clinic staff who have backgrounds in diverse disciplines,
including licensed mental health professionals and licensed alcohol and drug counselors,
and staff who are culturally and linguistically trained to meet the needs of the population
the clinic serves;

(3) ensure that clinic services are available and accessible to individuals and families of
all ages and genders and that crisis management services are available 24 hours per day;

(4) establish fees for clinic services for individuals who are not enrolled in medical
assistance using a sliding fee scale that ensures that services to patients are not denied or
limited due to an individual's inability to pay for services;

(5) comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data;

(6) provide crisis mental health and substance use services, withdrawal management
services, emergency crisis intervention services, and stabilization services through existing
mobile crisis services; screening, assessment, and diagnosis services, including risk
assessments and level of care determinations; person- and family-centered treatment planning;
outpatient mental health and substance use services; targeted case management; psychiatric
rehabilitation services; peer support and counselor services and family support services;
and intensive community-based mental health services, including mental health services
for members of the armed forces and veterans. CCBHCs must directly provide the majority
of these services to enrollees, but may coordinate some services with another entity through
a collaboration or agreement, pursuant to paragraph (b);

(7) provide coordination of care across settings and providers to ensure seamless
transitions for individuals being served across the full spectrum of health services, including
acute, chronic, and behavioral needs. Care coordination may be accomplished through
partnerships or formal contracts with:

(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified
health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or
community-based mental health providers; and

(ii) other community services, supports, and providers, including schools, child welfare
agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally
licensed health care and mental health facilities, urban Indian health clinics, Department of
Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals,
and hospital outpatient clinics;

(8) be certified as new text begina new text endmental health deleted text beginclinicsdeleted text endnew text begin clinicnew text end under section deleted text begin245.69, subdivision 2deleted text endnew text begin
245I.20
new text end;

(9) comply with standards established by the commissioner relating to CCBHC
screenings, assessments, and evaluations;

(10) be licensed to provide substance use disorder treatment under chapter 245G;

(11) be certified to provide children's therapeutic services and supports under section
256B.0943;

(12) be certified to provide adult rehabilitative mental health services under section
256B.0623;

(13) be enrolled to provide mental health crisis response services under deleted text beginsectionsdeleted text endnew text begin sectionnew text end
256B.0624 deleted text beginand 256B.0944deleted text end;

(14) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;

(15) comply with standards relating to mental health case management in Minnesota
Rules, parts 9520.0900 to 9520.0926;

(16) provide services that comply with the evidence-based practices described in
paragraph (e); and

(17) comply with standards relating to peer services under sections 256B.0615,
256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer
services are provided.

(b) If a certified CCBHC is unable to provide one or more of the services listed in
paragraph (a), clauses (6) to (17), the CCBHC may contract with another entity that has the
required authority to provide that service and that meets the following criteria as a designated
collaborating organization:

(1) the entity has a formal agreement with the CCBHC to furnish one or more of the
services under paragraph (a), clause (6);

(2) the entity provides assurances that it will provide services according to CCBHC
service standards and provider requirements;

(3) the entity agrees that the CCBHC is responsible for coordinating care and has clinical
and financial responsibility for the services that the entity provides under the agreement;
and

(4) the entity meets any additional requirements issued by the commissioner.

(c) Notwithstanding any other law that requires a county contract or other form of county
approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets
CCBHC requirements may receive the prospective payment under section 256B.0625,
subdivision 5m
, for those services without a county contract or county approval. As part of
the certification process in paragraph (a), the commissioner shall require a letter of support
from the CCBHC's host county confirming that the CCBHC and the county or counties it
serves have an ongoing relationship to facilitate access and continuity of care, especially
for individuals who are uninsured or who may go on and off medical assistance.

(d) When the standards listed in paragraph (a) or other applicable standards conflict or
address similar issues in duplicative or incompatible ways, the commissioner may grant
variances to state requirements if the variances do not conflict with federal requirements
for services reimbursed under medical assistance. If standards overlap, the commissioner
may substitute all or a part of a licensure or certification that is substantially the same as
another licensure or certification. The commissioner shall consult with stakeholders, as
described in subdivision 4, before granting variances under this provision. For the CCBHC
that is certified but not approved for prospective payment under section 256B.0625,
subdivision 5m
, the commissioner may grant a variance under this paragraph if the variance
does not increase the state share of costs.

(e) The commissioner shall issue a list of required evidence-based practices to be
delivered by CCBHCs, and may also provide a list of recommended evidence-based practices.
The commissioner may update the list to reflect advances in outcomes research and medical
services for persons living with mental illnesses or substance use disorders. The commissioner
shall take into consideration the adequacy of evidence to support the efficacy of the practice,
the quality of workforce available, and the current availability of the practice in the state.
At least 30 days before issuing the initial list and any revisions, the commissioner shall
provide stakeholders with an opportunity to comment.

(f) The commissioner shall recertify CCBHCs at least every three years. The
commissioner shall establish a process for decertification and shall require corrective action,
medical assistance repayment, or decertification of a CCBHC that no longer meets the
requirements in this section or that fails to meet the standards provided by the commissioner
in the application and certification process.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 9.

Minnesota Statutes 2021 Supplement, section 245A.03, subdivision 7, is amended
to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a family child foster care home or family adult foster care home
license is issued during this moratorium, and the license holder changes the license holder's
primary residence away from the physical location of the foster care license, the
commissioner shall revoke the license according to section 245A.07. The commissioner
shall not issue an initial license for a community residential setting licensed under chapter
245D. When approving an exception under this paragraph, the commissioner shall consider
the resource need determination process in paragraph (h), the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate, the results of a
person's choices during their annual assessment and service plan review, and the
recommendation of the local county board. The determination by the commissioner is final
and not subject to appeal. Exceptions to the moratorium include:

(1) foster care settings where at least 80 percent of the residents are 55 years of age or
older;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital level care;new text begin
or
new text end

deleted text begin (5) new foster care licenses or community residential setting licenses for people receiving
services under chapter
deleted text end deleted text begin 245D deleted text end deleted text begin and residing in an unlicensed setting before May 1, 2017, and
for which a license is required. This exception does not apply to people living in their own
home. For purposes of this clause, there is a presumption that a foster care or community
residential setting license is required for services provided to three or more people in a
dwelling unit when the setting is controlled by the provider. A license holder subject to this
exception may rebut the presumption that a license is required by seeking a reconsideration
of the commissioner's determination. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter
deleted text end deleted text begin 14 deleted text end deleted text begin . The exception is available
until June 30, 2018. This exception is available when:
deleted text end

deleted text begin (i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and
deleted text end

deleted text begin (ii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the unlicensed
setting as determined by the lead agency; or
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end new foster care licenses or community residential setting licenses for people
receiving customized living or 24-hour customized living services under the brain injury
or community access for disability inclusion waiver plans under section 256B.49 and residing
in the customized living setting before July 1, 2022, for which a license is required. A
customized living service provider subject to this exception may rebut the presumption that
a license is required by seeking a reconsideration of the commissioner's determination. The
commissioner's disposition of a request for reconsideration is final and not subject to appeal
under chapter 14. The exception is available until June 30, 2023. This exception is available
when:

(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people under the brain injury or community access for disability
inclusion waiver plans under section 256B.49 in a single-family home operational on or
before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;

(ii) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(iii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the customized
living setting as determined by the lead agency.

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
reports required by section 144A.351, and other data and information shall be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493. Annually, by August 1, the commissioner shall provide
information and data on capacity of licensed long-term services and supports, actions taken
under the subdivision to manage statewide long-term services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over the
health and human services budget.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 245D.12, is amended to read:


245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY
REPORT.

(a) The license holder providing integrated community support, as defined in section
245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to
the commissioner to ensure the identified location of service delivery meets the criteria of
the home and community-based service requirements as specified in section 256B.492.

(b) The license holder shall provide the setting capacity report on the forms and in the
manner prescribed by the commissioner. The report must include:

(1) the address of the multifamily housing building where the license holder delivers
integrated community supports and owns, leases, or has a direct or indirect financial
relationship with the property owner;

(2) the total number of living units in the multifamily housing building described in
clause (1) where integrated community supports are delivered;

(3) the total number of living units in the multifamily housing building described in
clause (1), including the living units identified in clause (2); deleted text beginand
deleted text end

new text begin (4) the total number of people who could reside in the living units in the multifamily
housing building described in clause (2) and receive integrated community supports; and
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end the percentage of living units that are controlled by the license holder in the
multifamily housing building by dividing clause (2) by clause (3).

(c) Only one license holder may deliver integrated community supports at the address
of the multifamily housing building.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2021 Supplement, section 245I.02, subdivision 19, is amended
to read:


Subd. 19.

Level of care assessment.

"Level of care assessment" means the level of care
decision support tool appropriate to the client's age. For a client five years of age or younger,
a level of care assessment is the Early Childhood Service Intensity Instrument (ESCII). For
a client six to 17 years of age, a level of care assessment is the Child and Adolescent Service
Intensity Instrument (CASII). For a client 18 years of age or older, a level of care assessment
is the Level of Care Utilization System for Psychiatric and Addiction Services (LOCUS)new text begin
or another tool authorized by the commissioner
new text end.

Sec. 12.

Minnesota Statutes 2021 Supplement, section 245I.02, subdivision 36, is amended
to read:


Subd. 36.

Staff person.

"Staff person" means an individual who works under a license
holder's direction or under a contract with a license holder. Staff person includes an intern,
consultant, contractor, individual who works part-time, and an individual who does not
provide direct contact services to clientsnew text begin but does have physical access to clientsnew text end. Staff
person includes a volunteer who provides treatment services to a client or a volunteer whom
the license holder regards as a staff person for the purpose of meeting staffing or service
delivery requirements. A staff person must be 18 years of age or older.

Sec. 13.

Minnesota Statutes 2021 Supplement, section 245I.03, subdivision 9, is amended
to read:


Subd. 9.

Volunteers.

deleted text beginAdeleted text endnew text begin If a license holder uses volunteers, thenew text end license holder must have
policies and procedures for using volunteers, including when deleted text beginadeleted text endnew text begin thenew text end license holder must
submit a background study for a volunteer, and the specific tasks that a volunteer may
perform.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 14.

Minnesota Statutes 2021 Supplement, section 245I.04, subdivision 4, is amended
to read:


Subd. 4.

Mental health practitioner qualifications.

(a) An individual who is qualified
in at least one of the ways described in paragraph (b) to (d) may serve as a mental health
practitioner.

(b) An individual is qualified as a mental health practitioner through relevant coursework
if the individual completes at least 30 semester hours or 45 quarter hours in behavioral
sciences or related fields and:

(1) has at least 2,000 hours of experience providing services to individuals with:

(i) a mental illness or a substance use disorder; or

(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to a client;

(2) is fluent in the non-English language of the ethnic group to which at least 50 percent
of the individual's clients belong, and completes the additional training described in section
245I.05, subdivision 3, paragraph (c), before providing direct contact services to a client;

(3) is working in a day treatment program under section 256B.0671, subdivision 3, or
256B.0943; deleted text beginor
deleted text end

(4) has completed a practicum or internship that (i) required direct interaction with adult
clients or child clients, and (ii) was focused on behavioral sciences or related fieldsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) is in the process of completing a practicum or internship as part of a formal
undergraduate or graduate training program in social work, psychology, or counseling.
new text end

(c) An individual is qualified as a mental health practitioner through work experience
if the individual:

(1) has at least 4,000 hours of experience in the delivery of services to individuals with:

(i) a mental illness or a substance use disorder; or

(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to clients; or

(2) receives treatment supervision at least once per week until meeting the requirement
in clause (1) of 4,000 hours of experience and has at least 2,000 hours of experience providing
services to individuals with:

(i) a mental illness or a substance use disorder; or

(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to clients.

(d) An individual is qualified as a mental health practitioner if the individual has a
master's or other graduate degree in behavioral sciences or related fields.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 15.

Minnesota Statutes 2021 Supplement, section 245I.05, subdivision 3, is amended
to read:


Subd. 3.

Initial training.

(a) A staff person must receive training about:

(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and

(2) the maltreatment of minor reporting requirements and definitions in chapter 260E
within 72 hours of first providing direct contact services to a client.

(b) Before providing direct contact services to a client, a staff person must receive training
about:

(1) client rights and protections under section 245I.12;

(2) the Minnesota Health Records Act, including client confidentiality, family engagement
under section 144.294, and client privacy;

(3) emergency procedures that the staff person must follow when responding to a fire,
inclement weather, a report of a missing person, and a behavioral or medical emergency;

(4) specific activities and job functions for which the staff person is responsible, including
the license holder's program policies and procedures applicable to the staff person's position;

(5) professional boundaries that the staff person must maintain; and

(6) specific needs of each client to whom the staff person will be providing direct contact
services, including each client's developmental status, cognitive functioning, and physical
and mental abilities.

(c) Before providing direct contact services to a client, a mental health rehabilitation
worker, mental health behavioral aide, or mental health practitioner deleted text beginqualified underdeleted text end new text beginrequired
to receive the training according to
new text end section 245I.04, subdivision 4, must receive 30 hours
of training about:

(1) mental illnesses;

(2) client recovery and resiliency;

(3) mental health de-escalation techniques;

(4) co-occurring mental illness and substance use disorders; and

(5) psychotropic medications and medication side effects.

(d) Within 90 days of first providing direct contact services to an adult client, a clinical
trainee, mental health practitioner, mental health certified peer specialist, or mental health
rehabilitation worker must receive training about:

(1) trauma-informed care and secondary trauma;

(2) person-centered individual treatment plans, including seeking partnerships with
family and other natural supports;

(3) co-occurring substance use disorders; and

(4) culturally responsive treatment practices.

(e) Within 90 days of first providing direct contact services to a child client, a clinical
trainee, mental health practitioner, mental health certified family peer specialist, mental
health certified peer specialist, or mental health behavioral aide must receive training about
the topics in clauses (1) to (5). This training must address the developmental characteristics
of each child served by the license holder and address the needs of each child in the context
of the child's family, support system, and culture. Training topics must include:

(1) trauma-informed care and secondary trauma, including adverse childhood experiences
(ACEs);

(2) family-centered treatment plan development, including seeking partnership with a
child client's family and other natural supports;

(3) mental illness and co-occurring substance use disorders in family systems;

(4) culturally responsive treatment practices; and

(5) child development, including cognitive functioning, and physical and mental abilities.

(f) For a mental health behavioral aide, the training under paragraph (e) must include
parent team training using a curriculum approved by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 16.

Minnesota Statutes 2021 Supplement, section 245I.08, subdivision 4, is amended
to read:


Subd. 4.

Progress notes.

A license holder must use a progress note to document each
occurrence of a mental health service that a staff person provides to a client. A progress
note must include the following:

(1) the type of service;

(2) the date of service;

(3) the start and stop time of the service unless the license holder is licensed as a
residential program;

(4) the location of the service;

(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the
intervention that the staff person provided to the client and the methods that the staff person
used; (iii) the client's response to the intervention; (iv) the staff person's plan to take future
actions, including changes in treatment that the staff person will implement if the intervention
was ineffective; and (v) the service modality;

(6) the signaturedeleted text begin, printed name,deleted text end and credentials of the staff person who provided the
service to the client;

(7) the mental health provider travel documentation required by section 256B.0625, if
applicable; and

(8) significant observations by the staff person, if applicable, including: (i) the client's
current risk factors; (ii) emergency interventions by staff persons; (iii) consultations with
or referrals to other professionals, family, or significant others; and (iv) changes in the
client's mental or physical symptoms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 17.

Minnesota Statutes 2021 Supplement, section 245I.09, subdivision 2, is amended
to read:


Subd. 2.

Record retention.

A license holder must retain client records of a discharged
client for a minimum of five years from the date of the client's discharge. A license holder
who deleted text beginceases to provide treatment services to a clientdeleted text endnew text begin closes a programnew text end must retain deleted text beginthedeleted text endnew text begin anew text end
client's records for a minimum of five years from the date that the license holder stopped
providing services to the client and must notify the commissioner of the location of the
client records and the name of the individual responsible for storing and maintaining the
client records.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 18.

Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 2, is amended
to read:


Subd. 2.

Generally.

(a) A license holder must use a client's diagnostic assessment or
crisis assessment to determine a client's eligibility for mental health services, except as
provided in this section.

(b) Prior to completing a client's initial diagnostic assessment, a license holder may
provide a client with the following services:

(1) an explanation of findings;

(2) neuropsychological testing, neuropsychological assessment, and psychological
testing;

(3) any combination of psychotherapy sessions, family psychotherapy sessions, and
family psychoeducation sessions not to exceed three sessions;

(4) crisis assessment services according to section 256B.0624; and

(5) ten days of intensive residential treatment services according to the assessment and
treatment planning standards in section deleted text begin245.23deleted text endnew text begin 245I.23new text end, subdivision 7.

(c) Based on the client's needs that a crisis assessment identifies under section 256B.0624,
a license holder may provide a client with the following services:

(1) crisis intervention and stabilization services under section 245I.23 or 256B.0624;
and

(2) any combination of psychotherapy sessions, group psychotherapy sessions, family
psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions
within a 12-month period without prior authorization.

(d) Based on the client's needs in the client's brief diagnostic assessment, a license holder
may provide a client with any combination of psychotherapy sessions, group psychotherapy
sessions, family psychotherapy sessions, and family psychoeducation sessions not to exceed
ten sessions within a 12-month period without prior authorization for any new client or for
an existing client who the license holder projects will need fewer than ten sessions during
the next 12 months.

(e) Based on the client's needs that a hospital's medical history and presentation
examination identifies, a license holder may provide a client with:

(1) any combination of psychotherapy sessions, group psychotherapy sessions, family
psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions
within a 12-month period without prior authorization for any new client or for an existing
client who the license holder projects will need fewer than ten sessions during the next 12
months; and

(2) up to five days of day treatment services or partial hospitalization.

(f) A license holder must complete a new standard diagnostic assessment of a client:

(1) when the client requires services of a greater number or intensity than the services
that paragraphs (b) to (e) describe;

(2) at least annually following the client's initial diagnostic assessment if the client needs
additional mental health services and the client does not meet the criteria for a brief
assessment;

(3) when the client's mental health condition has changed markedly since the client's
most recent diagnostic assessment; or

(4) when the client's current mental health condition does not meet the criteria of the
client's current diagnosis.

(g) For an existing client, the license holder must ensure that a new standard diagnostic
assessment includes a written update containing all significant new or changed information
about the client, and an update regarding what information has not significantly changed,
including a discussion with the client about changes in the client's life situation, functioning,
presenting problems, and progress with achieving treatment goals since the client's last
diagnostic assessment was completed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 19.

Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 6, is amended
to read:


Subd. 6.

Standard diagnostic assessment; required elements.

(a) Only a mental health
professional or a clinical trainee may complete a standard diagnostic assessment of a client.
A standard diagnostic assessment of a client must include a face-to-face interview with a
client and a written evaluation of the client. The assessor must complete a client's standard
diagnostic assessment within the client's cultural context.

(b) When completing a standard diagnostic assessment of a client, the assessor must
gather and document information about the client's current life situation, including the
following information:

(1) the client's age;

(2) the client's current living situation, including the client's housing status and household
members;

(3) the status of the client's basic needs;

(4) the client's education level and employment status;

(5) the client's current medications;

(6) any immediate risks to the client's health and safety;

(7) the client's perceptions of the client's condition;

(8) the client's description of the client's symptoms, including the reason for the client's
referral;

(9) the client's history of mental health treatment; and

(10) cultural influences on the client.

(c) If the assessor cannot obtain the information that this deleted text beginsubdivisiondeleted text endnew text begin paragraphnew text end requires
without retraumatizing the client or harming the client's willingness to engage in treatment,
the assessor must identify which topics will require further assessment during the course
of the client's treatment. The assessor must gather and document information related to the
following topics:

(1) the client's relationship with the client's family and other significant personal
relationships, including the client's evaluation of the quality of each relationship;

(2) the client's strengths and resources, including the extent and quality of the client's
social networks;

(3) important developmental incidents in the client's life;

(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;

(5) the client's history of or exposure to alcohol and drug usage and treatment; and

(6) the client's health history and the client's family health history, including the client's
physical, chemical, and mental health history.

(d) When completing a standard diagnostic assessment of a client, an assessor must use
a recognized diagnostic framework.

(1) When completing a standard diagnostic assessment of a client who is five years of
age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
Classification of Mental Health and Development Disorders of Infancy and Early Childhood
published by Zero to Three.

(2) When completing a standard diagnostic assessment of a client who is six years of
age or older, the assessor must use the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association.

(3) When completing a standard diagnostic assessment of a client who is five years of
age or younger, an assessor must administer the Early Childhood Service Intensity Instrument
(ECSII) to the client and include the results in the client's assessment.

(4) When completing a standard diagnostic assessment of a client who is six to 17 years
of age, an assessor must administer the Child and Adolescent Service Intensity Instrument
(CASII) to the client and include the results in the client's assessment.

(5) When completing a standard diagnostic assessment of a client who is 18 years of
age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association to screen and assess the client for a
substance use disorder.

(e) When completing a standard diagnostic assessment of a client, the assessor must
include and document the following components of the assessment:

(1) the client's mental status examination;

(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
vulnerabilities; safety needs, including client information that supports the assessor's findings
after applying a recognized diagnostic framework from paragraph (d); and any differential
diagnosis of the client;

(3) an explanation of: (i) how the assessor diagnosed the client using the information
from the client's interview, assessment, psychological testing, and collateral information
about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
and (v) the client's responsivity factors.

(f) When completing a standard diagnostic assessment of a client, the assessor must
consult the client and the client's family about which services that the client and the family
prefer to treat the client. The assessor must make referrals for the client as to services required
by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 20.

Minnesota Statutes 2021 Supplement, section 245I.20, subdivision 5, is amended
to read:


Subd. 5.

Treatment supervision specified.

(a) A mental health professional must remain
responsible for each client's case. The certification holder must document the name of the
mental health professional responsible for each case and the dates that the mental health
professional is responsible for the client's case from beginning date to end date. The
certification holder must assign each client's case for assessment, diagnosis, and treatment
services to a treatment team member who is competent in the assigned clinical service, the
recommended treatment strategy, and in treating the client's characteristics.

(b) Treatment supervision of mental health practitioners and clinical trainees required
by section 245I.06 must include case reviews as described in this paragraph. Every two
months, a mental health professional must completenew text begin and documentnew text end a case review of each
client assigned to the mental health professional when the client is receiving clinical services
from a mental health practitioner or clinical trainee. The case review must include a
consultation process that thoroughly examines the client's condition and treatment, including:
(1) a review of the client's reason for seeking treatment, diagnoses and assessments, and
the individual treatment plan; (2) a review of the appropriateness, duration, and outcome
of treatment provided to the client; and (3) treatment recommendations.

Sec. 21.

Minnesota Statutes 2021 Supplement, section 245I.23, subdivision 22, is amended
to read:


Subd. 22.

Additional policy and procedure requirements.

(a) In addition to the policies
and procedures in section 245I.03, the license holder must establish, enforce, and maintain
the policies and procedures in this subdivision.

(b) The license holder must have policies and procedures for receiving referrals and
making admissions determinations about referred persons under subdivisions deleted text begin14 to 16deleted text endnew text begin 15
to 17
new text end.

(c) The license holder must have policies and procedures for discharging clients under
subdivision deleted text begin17deleted text endnew text begin 18new text end. In the policies and procedures, the license holder must identify the staff
persons who are authorized to discharge clients from the program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 22.

Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended
to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;

(3) care coordination services provided according to section 245G.07, subdivision 1,
paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;

(6) medication-assisted therapy services that are licensed according to sections 245G.01
to 245G.17 and 245G.22, or applicable tribal license;

(7) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (6) and provide nine hours of clinical services each week;

(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;

(9) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;

(10) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;

(11) high-intensity residential treatment services that are licensed according to sections
245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of
clinical services each week provided by a state-operated vendor or to clients who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community; and

(12) room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a
;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or

(5) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) 25 percent of the counseling staff are licensed mental health professionalsdeleted text begin, as defined
in section 245.462, subdivision 18, clauses (1) to (6)
deleted text endnew text begin under section 245I.04, subdivision 2new text end,
or are students or licensing candidates under the supervision of a licensed alcohol and drug
counselor supervisor and deleted text beginlicenseddeleted text end mental health professionalnew text begin under section 245I.04,
subdivision 2
new text end, except that no more than 50 percent of the mental health staff may be students
or licensing candidates with time documented to be directly related to provisions of
co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance abuse disorders
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).

(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 23.

Minnesota Statutes 2021 Supplement, section 256B.0622, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given them.

(b) "ACT team" means the group of interdisciplinary mental health staff who work as
a team to provide assertive community treatment.

(c) "Assertive community treatment" means intensive nonresidential treatment and
rehabilitative mental health services provided according to the assertive community treatment
model. Assertive community treatment provides a single, fixed point of responsibility for
treatment, rehabilitation, and support needs for clients. Services are offered 24 hours per
day, seven days per week, in a community-based setting.

(d) "Individual treatment plan" means a plan described by section 245I.10, subdivisions
7
and 8.

(e) "Crisis assessment and intervention" means deleted text beginmental healthdeleted text endnew text begin mobilenew text end crisis response
services deleted text beginas defined indeleted text endnew text begin undernew text end section 256B.0624deleted text begin, subdivision 2deleted text end.

(f) "Individual treatment team" means a minimum of three members of the ACT team
who are responsible for consistently carrying out most of a client's assertive community
treatment services.

(g) "Primary team member" means the person who leads and coordinates the activities
of the individual treatment team and is the individual treatment team member who has
primary responsibility for establishing and maintaining a therapeutic relationship with the
client on a continuing basis.

(h) "Certified rehabilitation specialist" means a staff person who is qualified according
to section 245I.04, subdivision 8.

(i) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
subdivision 6.

(j) "Mental health certified peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 10.

(k) "Mental health practitioner" means a staff person who is qualified according to section
245I.04, subdivision 4.

(l) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(m) "Mental health rehabilitation worker" means a staff person who is qualified according
to section 245I.04, subdivision 14.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 24.

Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 3b, is
amended to read:


Subd. 3b.

Telehealth services.

(a) Medical assistance covers medically necessary services
and consultations delivered by a health care provider through telehealth in the same manner
as if the service or consultation was delivered through in-person contact. Services or
consultations delivered through telehealth shall be paid at the full allowable rate.

(b) The commissioner may establish criteria that a health care provider must attest to in
order to demonstrate the safety or efficacy of delivering a particular service through
telehealth. The attestation may include that the health care provider:

(1) has identified the categories or types of services the health care provider will provide
through telehealth;

(2) has written policies and procedures specific to services delivered through telehealth
that are regularly reviewed and updated;

(3) has policies and procedures that adequately address patient safety before, during,
and after the service is delivered through telehealth;

(4) has established protocols addressing how and when to discontinue telehealth services;
and

(5) has an established quality assurance process related to delivering services through
telehealth.

(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service delivered through telehealth to a medical assistance enrollee.
Health care service records for services delivered through telehealth must meet the
requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must
document:

(1) the type of service delivered through telehealth;

(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;

(3) the health care provider's basis for determining that telehealth is an appropriate and
effective means for delivering the service to the enrollee;

(4) the mode of transmission used to deliver the service through telehealth and records
evidencing that a particular mode of transmission was utilized;

(5) the location of the originating site and the distant site;

(6) if the claim for payment is based on a physician's consultation with another physician
through telehealth, the written opinion from the consulting physician providing the telehealth
consultation; and

(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).

(d) Telehealth visits, as described in this subdivision provided through audio and visual
communicationdeleted text begin,deleted text endnew text begin or accessible video-based platformsnew text end may deleted text beginbe used todeleted text end satisfy the face-to-face
requirement for reimbursement under the payment methods that apply to a federally qualified
health center, rural health clinic, Indian health service, 638 tribal clinic, and certified
community behavioral health clinic, if the service would have otherwise qualified for
payment if performed in person.new text begin Beginning July 1, 2021, visits provided through telephone
may satisfy the face-to-face requirement for reimbursement under these payment methods
if the service would have otherwise qualified for payment if performed in person until the
COVID-19 federal public health emergency ends or July 1, 2023, whichever is earlier.
new text end

deleted text begin (e) For mental health services or assessments delivered through telehealth that are based
on an individual treatment plan, the provider may document the client's verbal approval or
electronic written approval of the treatment plan or change in the treatment plan in lieu of
the client's signature in accordance with Minnesota Rules, part 9505.0371.
deleted text end

deleted text begin (f)deleted text endnew text begin (e)new text end For purposes of this subdivision, unless otherwise covered under this chapter:

(1) "telehealth" means the delivery of health care services or consultations through the
use of real-time two-way interactive audio and visual communication to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Telehealth does not include communication between health care providers, or between
a health care provider and a patient that consists solely of an audio-only communication,
e-mail, or facsimile transmission or as specified by law;

(2) "health care provider" means a health care provider as defined under section 62A.673,
a community paramedic as defined under section 144E.001, subdivision 5f, a community
health worker who meets the criteria under subdivision 49, paragraph (a), a mental health
certified peer specialist under section deleted text begin256B.0615, subdivision 5deleted text endnew text begin 245I.04, subdivision 10new text end, a
mental health certified family peer specialist under section deleted text begin256B.0616, subdivision 5deleted text endnew text begin 245I.04,
subdivision 12
new text end, a mental health rehabilitation worker under section deleted text begin256B.0623, subdivision
5, paragraph (a), clause (4), and paragraph (b)
deleted text endnew text begin 245I.04, subdivision 14new text end, a mental health
behavioral aide under section deleted text begin256B.0943, subdivision 7, paragraph (b), clause (3)deleted text endnew text begin 245I.04,
subdivision 16
new text end, a treatment coordinator under section 245G.11, subdivision 7, an alcohol
and drug counselor under section 245G.11, subdivision 5, a recovery peer under section
245G.11, subdivision 8; and

(3) "originating site," "distant site," and "store-and-forward technology" have the
meanings given in section 62A.673, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later, except that the amendment to paragraph (d) is effective retroactively
from July 1, 2021, and expires when the COVID-19 federal public health emergency ends
or July 1, 2023, whichever is earlier. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained and when the amendments to paragraph
(d) expire.
new text end

Sec. 25.

Minnesota Statutes 2020, section 256B.0659, subdivision 19, is amended to read:


Subd. 19.

Personal care assistance choice option; qualifications; duties.

(a) Under
personal care assistance choice, the recipient or responsible party shall:

(1) recruit, hire, schedule, and terminate personal care assistants according to the terms
of the written agreement required under subdivision 20, paragraph (a);

(2) develop a personal care assistance care plan based on the assessed needs and
addressing the health and safety of the recipient with the assistance of a qualified professional
as needed;

(3) orient and train the personal care assistant with assistance as needed from the qualified
professional;

(4) deleted text begineffective January 1, 2010,deleted text end supervise and evaluate the personal care assistant with the
qualified professional, who is required to visit the recipient at least every 180 days;

(5) monitor and verify in writing and report to the personal care assistance choice agency
the number of hours worked by the personal care assistant and the qualified professional;

(6) engage in an annual deleted text beginface-to-facedeleted text end reassessmentnew text begin as required in subdivision 3anew text end to
determine continuing eligibility and service authorization; and

(7) use the same personal care assistance choice provider agency if shared personal
assistance care is being used.

(b) The personal care assistance choice provider agency shall:

(1) meet all personal care assistance provider agency standards;

(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;

(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal
care assistant; and

(4) ensure arm's-length transactions without undue influence or coercion with the recipient
and personal care assistant.

(c) The duties of the personal care assistance choice provider agency are to:

(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation includingdeleted text begin,deleted text end but not
limited todeleted text begin,deleted text end workers' compensation, unemployment insurance, and labor market data required
under section 256B.4912, subdivision 1a;

(2) bill the medical assistance program for personal care assistance services and qualified
professional services;

(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;

(4) pay the personal care assistant and qualified professional based on actual hours of
services provided;

(5) withhold and pay all applicable federal and state taxes;

(6) verify and keep records of hours worked by the personal care assistant and qualified
professional;

(7) make the arrangements and pay taxes and other benefits, if any, and comply with
any legal requirements for a Minnesota employer;

(8) enroll in the medical assistance program as a personal care assistance choice agency;
and

(9) enter into a written agreement as specified in subdivision 20 before services are
provided.

Sec. 26.

Minnesota Statutes 2021 Supplement, section 256B.0671, subdivision 6, is
amended to read:


Subd. 6.

Dialectical behavior therapy.

(a) Subject to federal approval, medical assistance
covers intensive mental health outpatient treatment for dialectical behavior therapy for
adults. A dialectical behavior therapy provider must make reasonable and good faith efforts
to report individual client outcomes to the commissioner using instruments and protocols
that are approved by the commissioner.

(b) "Dialectical behavior therapy" means an evidence-based treatment approach that a
mental health professional or clinical trainee provides to a client or a group of clients in an
intensive outpatient treatment program using a combination of individualized rehabilitative
and psychotherapeutic interventions. A dialectical behavior therapy program involves:
individual dialectical behavior therapy, group skills training, telephone coaching, and team
consultation meetings.

(c) To be eligible for dialectical behavior therapy, a client must:

deleted text begin (1) be 18 years of age or older;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end have mental health needs that available community-based services cannot meet
or that the client must receive concurrently with other community-based services;

deleted text begin (3)deleted text endnew text begin (2)new text end have either:

(i) a diagnosis of borderline personality disorder; or

(ii) multiple mental health diagnoses, exhibit behaviors characterized by impulsivity or
intentional self-harm, and be at significant risk of death, morbidity, disability, or severe
dysfunction in multiple areas of the client's life;

deleted text begin (4)deleted text endnew text begin (3)new text end be cognitively capable of participating in dialectical behavior therapy as an
intensive therapy program and be able and willing to follow program policies and rules to
ensure the safety of the client and others; and

deleted text begin (5)deleted text endnew text begin (4)new text end be at significant risk of one or more of the following if the client does not receive
dialectical behavior therapy:

(i) having a mental health crisis;

(ii) requiring a more restrictive setting such as hospitalization;

(iii) decompensating; or

(iv) engaging in intentional self-harm behavior.

(d) Individual dialectical behavior therapy combines individualized rehabilitative and
psychotherapeutic interventions to treat a client's suicidal and other dysfunctional behaviors
and to reinforce a client's use of adaptive skillful behaviors. A mental health professional
or clinical trainee must provide individual dialectical behavior therapy to a client. A mental
health professional or clinical trainee providing dialectical behavior therapy to a client must:

(1) identify, prioritize, and sequence the client's behavioral targets;

(2) treat the client's behavioral targets;

(3) assist the client in applying dialectical behavior therapy skills to the client's natural
environment through telephone coaching outside of treatment sessions;

(4) measure the client's progress toward dialectical behavior therapy targets;

(5) help the client manage mental health crises and life-threatening behaviors; and

(6) help the client learn and apply effective behaviors when working with other treatment
providers.

(e) Group skills training combines individualized psychotherapeutic and psychiatric
rehabilitative interventions conducted in a group setting to reduce the client's suicidal and
other dysfunctional coping behaviors and restore function. Group skills training must teach
the client adaptive skills in the following areas: (1) mindfulness; (2) interpersonal
effectiveness; (3) emotional regulation; and (4) distress tolerance.

(f) Group skills training must be provided by two mental health professionals or by a
mental health professional co-facilitating with a clinical trainee or a mental health practitioner.
Individual skills training must be provided by a mental health professional, a clinical trainee,
or a mental health practitioner.

(g) Before a program provides dialectical behavior therapy to a client, the commissioner
must certify the program as a dialectical behavior therapy provider. To qualify for
certification as a dialectical behavior therapy provider, a provider must:

(1) allow the commissioner to inspect the provider's program;

(2) provide evidence to the commissioner that the program's policies, procedures, and
practices meet the requirements of this subdivision and chapter 245I;

(3) be enrolled as a MHCP provider; and

(4) have a manual that outlines the program's policies, procedures, and practices that
meet the requirements of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 27.

Minnesota Statutes 2021 Supplement, section 256B.0911, subdivision 3a, is
amended to read:


Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living, including persons
who need assessment deleted text beginin orderdeleted text end to determine waiver or alternative care program eligibility,
must be visited by a long-term care consultation team within 20 calendar days after the date
on which an assessment was requested or recommended. Upon statewide implementation
of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting personal care assistance services. The commissioner shall provide at least a
90-day notice to lead agencies prior to the effective date of this requirement. Assessments
must be conducted according to paragraphs (b) to (r).

(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified
assessors to conduct the assessment. For a person with complex health care needs, a public
health or registered nurse from the team must be consulted.

(c) The MnCHOICES assessment provided by the commissioner to lead agencies must
be used to complete a comprehensive, conversation-based, person-centered assessment.
The assessment must include the health, psychological, functional, environmental, and
social needs of the individual necessary to develop a person-centered community support
plan that meets the individual's needs and preferences.

(d) Except as provided in paragraph (r), the assessment must be conducted by a certified
assessor in a face-to-face conversational interview with the person being assessed. The
person's legal representative must provide input during the assessment process and may do
so remotely if requested. At the request of the person, other individuals may participate in
the assessment to provide information on the needs, strengths, and preferences of the person
necessary to develop a community support plan that ensures the person's health and safety.
Except for legal representatives or family members invited by the person, persons
participating in the assessment may not be a provider of service or have any financial interest
in the provision of services. For persons who are to be assessed for elderly waiver customized
living or adult day services under chapter 256S, with the permission of the person being
assessed or the person's designated or legal representative, the client's current or proposed
provider of services may submit a copy of the provider's nursing assessment or written
report outlining its recommendations regarding the client's care needs. The person conducting
the assessment must notify the provider of the date by which this information is to be
submitted. This information shall be provided to the person conducting the assessment prior
to the assessment. For a person who is to be assessed for waiver services under section
256B.092 or 256B.49, with the permission of the person being assessed or the person's
designated legal representative, the person's current provider of services may submit a
written report outlining recommendations regarding the person's care needs the person
completed in consultation with someone who is known to the person and has interaction
with the person on a regular basis. The provider must submit the report at least 60 days
before the end of the person's current service agreement. The certified assessor must consider
the content of the submitted report prior to finalizing the person's assessment or reassessment.

(e) The certified assessor and the individual responsible for developing the coordinated
service and support plan must complete the community support plan and the coordinated
service and support plan no more than 60 calendar days from the assessment visit. The
person or the person's legal representative must be provided with a written community
support plan within the timelines established by the commissioner, regardless of whether
the person is eligible for Minnesota health care programs.

(f) For a person being assessed for elderly waiver services under chapter 256S, a provider
who submitted information under paragraph (d) shall receive the final written community
support plan when available and the Residential Services Workbook.

(g) The written community support plan must include:

(1) a summary of assessed needs as defined in paragraphs (c) and (d);

(2) the individual's options and choices to meet identified needs, including:

(i) all available options for case management services and providers;

(ii) all available options for employment services, settings, and providers;

(iii) all available options for living arrangements;

(iv) all available options for self-directed services and supports, including self-directed
budget options; and

(v) service provided in a non-disability-specific setting;

(3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;

(4) referral information; and

(5) informal caregiver supports, if applicable.

For a person determined eligible for state plan home care under subdivision 1a, paragraph
(b), clause (1), the person or person's representative must also receive a copy of the home
care service plan developed by the certified assessor.

(h) A person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying community
support, the person must be transferred or referred to long-term care options counseling
services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for
telephone assistance and follow up.

(i) The person has the right to make the final decision:

(1) between institutional placement and community placement after the recommendations
have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d);

(2) between community placement in a setting controlled by a provider and living
independently in a setting not controlled by a provider;

(3) between day services and employment services; and

(4) regarding available options for self-directed services and supports, including
self-directed funding options.

(j) The lead agency must give the person receiving long-term care consultation services
or the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) written recommendations for community-based services and consumer-directed
options;

(2) documentation that the most cost-effective alternatives available were offered to the
individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally
approved waiver plan for each program;

(3) the need for and purpose of preadmission screening conducted by long-term care
options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
nursing facility placement. If the individual selects nursing facility placement, the lead
agency shall forward information needed to complete the level of care determinations and
screening for developmental disability and mental illness collected during the assessment
to the long-term care options counselor using forms provided by the commissioner;

(4) the role of long-term care consultation assessment and support planning in eligibility
determination for waiver and alternative care programs, and state plan home care, case
management, and other services as defined in subdivision 1a, paragraphs (a), clause (6),
and (b);

(5) information about Minnesota health care programs;

(6) the person's freedom to accept or reject the recommendations of the team;

(7) the person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;

(8) the certified assessor's decision regarding the person's need for institutional level of
care as determined under criteria established in subdivision 4e and the certified assessor's
decision regarding eligibility for all services and programs as defined in subdivision 1a,
paragraphs (a), clause (6), and (b);

(9) the person's right to appeal the certified assessor's decision regarding eligibility for
all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and
(8), and (b), and incorporating the decision regarding the need for institutional level of care
or the lead agency's final decisions regarding public programs eligibility according to section
256.045, subdivision 3. The certified assessor must verbally communicate this appeal right
to the person and must visually point out where in the document the right to appeal is stated;
and

(10) documentation that available options for employment services, independent living,
and self-directed services and supports were described to the individual.

(k) An assessment that is completed as part of an eligibility determination for multiple
programs for the alternative care, elderly waiver, developmental disabilities, community
access for disability inclusion, community alternative care, and brain injury waiver programs
under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish
service eligibility for no more than 60 calendar days after the date of the assessment.

(l) The effective eligibility start date for programs in paragraph (k) can never be prior
to the date of assessment. If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (k)
cannot be prior to the date the most recent updated assessment is completed.

(m) If an eligibility update is completed within 90 days of the previous assessment and
documented in the department's Medicaid Management Information System (MMIS), the
effective date of eligibility for programs included in paragraph (k) is the date of the previous
face-to-face assessment when all other eligibility requirements are met.

(n) If a person who receives home and community-based waiver services under section
256B.0913, 256B.092, or 256B.49 or chapter 256S temporarily enters for 121 days or fewer
a hospital, institution of mental disease, nursing facility, intensive residential treatment
services program, transitional care unit, or inpatient substance use disorder treatment setting,
the person may return to the community with home and community-based waiver services
under the same waiver, without requiring an assessment or reassessment under this section,
unless the person's annual reassessment is otherwise due. Nothing in this paragraph shall
change annual long-term care consultation reassessment requirements, payment for
institutional or treatment services, medical assistance financial eligibility, or any other law.

(o) At the time of reassessment, the certified assessor shall assess each person receiving
waiver residential supports and services currently residing in a community residential setting,
licensed adult foster care home that is either not the primary residence of the license holder
or in which the license holder is not the primary caregiver, family adult foster care residence,
customized living setting, or supervised living facility to determine if that person would
prefer to be served in a community-living setting as defined in section 256B.49, subdivision
23
, in a setting not controlled by a provider, or to receive integrated community supports
as described in section 245D.03, subdivision 1, paragraph (c), clause (8). The certified
assessor shall offer the person, through a person-centered planning process, the option to
receive alternative housing and service options.

(p) At the time of reassessment, the certified assessor shall assess each person receiving
waiver day services to determine if that person would prefer to receive employment services
as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified
assessor shall describe to the person through a person-centered planning process the option
to receive employment services.

(q) At the time of reassessment, the certified assessor shall assess each person receiving
non-self-directed waiver services to determine if that person would prefer an available
service and setting option that would permit self-directed services and supports. The certified
assessor shall describe to the person through a person-centered planning process the option
to receive self-directed services and supports.

(r) All assessments performed according to this subdivision must be face-to-face unless
the assessment is a reassessment meeting the requirements of this paragraph. Remote
reassessments conducted by interactive video or telephone may substitute for face-to-face
reassessments. For services provided by the developmental disabilities waiver under section
256B.092, and the community access for disability inclusion, community alternative care,
and brain injury waiver programs under section 256B.49, remote reassessments may be
substituted for two consecutive reassessments if followed by a face-to-face reassessment.
For services provided by alternative care under section 256B.0913, essential community
supports under section 256B.0922, and the elderly waiver under chapter 256S, remote
reassessments may be substituted for one reassessment if followed by a face-to-face
reassessment. A remote reassessment is permitted only if the person being reassesseddeleted text begin, or
the person's legal representative, and the lead agency case manager both agree that there is
no change in the person's condition, there is no need for a change in service, and that a
remote reassessment is appropriate
deleted text endnew text begin or the person's legal representative provide informed
choice for a remote assessment
new text end. The person being reassessed, or the person's legal
representative, has the right to refuse a remote reassessment at any time. During a remote
reassessment, if the certified assessor determines a face-to-face reassessment is necessary
deleted text begin in orderdeleted text end to complete the assessment, the lead agency shall schedule a face-to-face
reassessment. All other requirements of a face-to-face reassessment shall apply to a remote
reassessment, including updates to a person's support plan.

Sec. 28.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is
amended to read:


Subdivision 1.

Required covered service components.

(a) Subject to federal approval,
medical assistance covers medically necessary intensive treatment services when the services
are provided by a provider entity certified under and meeting the standards in this section.
The provider entity must make reasonable and good faith efforts to report individual client
outcomes to the commissioner, using instruments and protocols approved by the
commissioner.

(b) Intensive treatment services to children with mental illness residing in foster family
settings that comprise specific required service components provided in clauses (1) to (6)
are reimbursed by medical assistance when they meet the following standards:

(1) psychotherapy provided by a mental health professional or a clinical trainee;

(2) crisis planning;

(3) individual, family, and group psychoeducation services provided by a mental health
professional or a clinical trainee;

(4) clinical care consultation provided by a mental health professional or a clinical
trainee;

(5) individual treatment plan development as defined in deleted text beginMinnesota Rules, part 9505.0371,
subpart 7
deleted text endnew text begin section 245I.10, subdivisions 7 and 8new text end; and

(6) service delivery payment requirements as provided under subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 29.

Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given them.

(a) "Intensive nonresidential rehabilitative mental health services" means child
rehabilitative mental health services as defined in section 256B.0943, except that these
services are provided by a multidisciplinary staff using a total team approach consistent
with assertive community treatment, as adapted for youth, and are directed to recipients
who are eight years of age or older and under 26 years of age who require intensive services
to prevent admission to an inpatient psychiatric hospital or placement in a residential
treatment facility or who require intensive services to step down from inpatient or residential
care to community-based care.

(b) "Co-occurring mental illness and substance use disorder" means a dual diagnosis of
at least one form of mental illness and at least one substance use disorder. Substance use
disorders include alcohol or drug abuse or dependence, excluding nicotine use.

(c) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6
.

(d) "Medication education services" means services provided individually or in groups,
which focus on:

(1) educating the client and client's family or significant nonfamilial supporters about
mental illness and symptoms;

(2) the role and effects of medications in treating symptoms of mental illness; and

(3) the side effects of medications.

Medication education is coordinated with medication management services and does not
duplicate it. Medication education services are provided by physicians, pharmacists, or
registered nurses with certification in psychiatric and mental health care.

(e) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(f) "Provider agency" means a for-profit or nonprofit organization established to
administer an assertive community treatment for youth team.

(g) "Substance use disorders" means one or more of the disorders defined in the diagnostic
and statistical manual of mental disorders, current edition.

(h) "Transition services" means:

(1) activities, materials, consultation, and coordination that ensures continuity of the
client's care in advance of and in preparation for the client's move from one stage of care
or life to another by maintaining contact with the client and assisting the client to establish
provider relationships;

(2) providing the client with knowledge and skills needed posttransition;

(3) establishing communication between sending and receiving entities;

(4) supporting a client's request for service authorization and enrollment; and

(5) establishing and enforcing procedures and schedules.

deleted text begin A youth's transition from the children's mental health system and services to the adult
mental health system and services and return to the client's home and entry or re-entry into
community-based mental health services following discharge from an out-of-home placement
or inpatient hospital stay.
deleted text end

(i) "Treatment team" means all staff who provide services to recipients under this section.

(j) "Family peer specialist" means a staff person who is qualified under section
256B.0616.

Sec. 30.

Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 6, is
amended to read:


Subd. 6.

Service standards.

The standards in this subdivision apply to intensive
nonresidential rehabilitative mental health services.

(a) The treatment team must use team treatment, not an individual treatment model.

(b) Services must be available at times that meet client needs.

(c) Services must be age-appropriate and meet the specific needs of the client.

(d) The level of care assessment as defined in section 245I.02, subdivision 19, and
functional assessment as defined in section 245I.02, subdivision 17, must be updated at
least every deleted text begin90 daysdeleted text endnew text begin six monthsnew text end or prior to discharge from the service, whichever comes
first.

(e) The treatment team must complete an individual treatment plan for each client,
according to section 245I.10, subdivisions 7 and 8, and the individual treatment plan must:

(1) be completed in consultation with the client's current therapist and key providers and
provide for ongoing consultation with the client's current therapist to ensure therapeutic
continuity and to facilitate the client's return to the community. For clients under the age of
18, the treatment team must consult with parents and guardians in developing the treatment
plan;

(2) if a need for substance use disorder treatment is indicated by validated assessment:

(i) identify goals, objectives, and strategies of substance use disorder treatment;

(ii) develop a schedule for accomplishing substance use disorder treatment goals and
objectives; and

(iii) identify the individuals responsible for providing substance use disorder treatment
services and supports;new text begin and
new text end

(3) provide for the client's transition out of intensive nonresidential rehabilitative mental
health services by defining the team's actions to assist the client and subsequent providers
in the transition to less intensive or "stepped down" servicesdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) notwithstanding section 245I.10, subdivision 8, be reviewed at least every 90 days
and revised to document treatment progress or, if progress is not documented, to document
changes in treatment.
deleted text end

(f) The treatment team shall actively and assertively engage the client's family members
and significant others by establishing communication and collaboration with the family and
significant others and educating the family and significant others about the client's mental
illness, symptom management, and the family's role in treatment, unless the team knows or
has reason to suspect that the client has suffered or faces a threat of suffering any physical
or mental injury, abuse, or neglect from a family member or significant other.

(g) For a client age 18 or older, the treatment team may disclose to a family member,
other relative, or a close personal friend of the client, or other person identified by the client,
the protected health information directly relevant to such person's involvement with the
client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the
client is present, the treatment team shall obtain the client's agreement, provide the client
with an opportunity to object, or reasonably infer from the circumstances, based on the
exercise of professional judgment, that the client does not object. If the client is not present
or is unable, by incapacity or emergency circumstances, to agree or object, the treatment
team may, in the exercise of professional judgment, determine whether the disclosure is in
the best interests of the client and, if so, disclose only the protected health information that
is directly relevant to the family member's, relative's, friend's, or client-identified person's
involvement with the client's health care. The client may orally agree or object to the
disclosure and may prohibit or restrict disclosure to specific individuals.

(h) The treatment team shall provide interventions to promote positive interpersonal
relationships.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 31.

Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) The terms used in this section have the meanings given in this
subdivision.

(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs
as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
EIDBI services and that has the legal responsibility to ensure that its employees or contractors
carry out the responsibilities defined in this section. Agency includes a licensed individual
professional who practices independently and acts as an agency.

(c) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
means either autism spectrum disorder (ASD) as defined in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
to be closely related to ASD, as identified under the current version of the DSM, and meets
all of the following criteria:

(1) is severe and chronic;

(2) results in impairment of adaptive behavior and function similar to that of a person
with ASD;

(3) requires treatment or services similar to those required for a person with ASD; and

(4) results in substantial functional limitations in three core developmental deficits of
ASD: social or interpersonal interaction; functional communication, including nonverbal
or social communication; and restrictive or repetitive behaviors or hyperreactivity or
hyporeactivity to sensory input; and may include deficits or a high level of support in one
or more of the following domains:

(i) behavioral challenges and self-regulation;

(ii) cognition;

(iii) learning and play;

(iv) self-care; or

(v) safety.

(d) "Person" means a person under 21 years of age.

(e) "Clinical supervision" means the overall responsibility for the control and direction
of EIDBI service delivery, including individual treatment planning, staff supervision,
individual treatment plan progress monitoring, and treatment review for each person. Clinical
supervision is provided by a qualified supervising professional (QSP) who takes full
professional responsibility for the service provided by each supervisee.

(f) "Commissioner" means the commissioner of human services, unless otherwise
specified.

(g) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
evaluation of a person to determine medical necessity for EIDBI services based on the
requirements in subdivision 5.

(h) "Department" means the Department of Human Services, unless otherwise specified.

(i) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
benefit" means a variety of individualized, intensive treatment modalities approved and
published by the commissioner that are based in behavioral and developmental science
consistent with best practices on effectiveness.

(j) "Generalizable goals" means results or gains that are observed during a variety of
activities over time with different people, such as providers, family members, other adults,
and people, and in different environments includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end clinics, homes,
schools, and the community.

(k) "Incident" means when any of the following occur:

(1) an illness, accident, or injury that requires first aid treatment;

(2) a bump or blow to the head; or

(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
including a person leaving the agency unattended.

(l) "Individual treatment plan" or "ITP" means the person-centered, individualized written
plan of care that integrates and coordinates person and family information from the CMDE
for a person who meets medical necessity for the EIDBI benefit. An individual treatment
plan must meet the standards in subdivision 6.

(m) "Legal representative" means the parent of a child who is under 18 years of age, a
court-appointed guardian, or other representative with legal authority to make decisions
about service for a person. For the purpose of this subdivision, "other representative with
legal authority to make decisions" includes a health care agent or an attorney-in-fact
authorized through a health care directive or power of attorney.

(n) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(o) "Person-centered" means a service that both responds to the identified needs, interests,
values, preferences, and desired outcomes of the person or the person's legal representative
and respects the person's history, dignity, and cultural background and allows inclusion and
participation in the person's community.

(p) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, or
level III treatment provider.

new text begin (q) "Advanced certification" means a person who has completed advanced certification
in an approved modality under subdivision 13, paragraph (b).
new text end

Sec. 32.

Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 13, is
amended to read:


Subd. 13.

Covered services.

(a) The services described in paragraphs (b) to (l) are
eligible for reimbursement by medical assistance under this section. Services must be
provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must
address the person's medically necessary treatment goals and must be targeted to develop,
enhance, or maintain the individual developmental skills of a person with ASD or a related
condition to improve functional communication, including nonverbal or social
communication, social or interpersonal interaction, restrictive or repetitive behaviors,
hyperreactivity or hyporeactivity to sensory input, behavioral challenges and self-regulation,
cognition, learning and play, self-care, and safety.

(b) EIDBI treatment must be delivered consistent with the standards of an approved
modality, as published by the commissioner. EIDBI modalities include:

(1) applied behavior analysis (ABA);

(2) developmental individual-difference relationship-based model (DIR/Floortime);

(3) early start Denver model (ESDM);

(4) PLAY project;

(5) relationship development intervention (RDI); or

(6) additional modalities not listed in clauses (1) to (5) upon approval by the
commissioner.

(c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b),
clauses (1) to (5), as the primary modality for treatment as a covered service, or several
EIDBI modalities in combination as the primary modality of treatment, as approved by the
commissioner. An EIDBI provider that identifies and provides assurance of qualifications
for a single specific treatment modalitynew text begin, including an EIDBI provider with advanced
certification overseeing implementation,
new text end must document the required qualifications to meet
fidelity to the specific modelnew text begin in a manner determined by the commissionernew text end.

(d) Each qualified EIDBI provider must identify and provide assurance of qualifications
for professional licensure certification, or training in evidence-based treatment methods,
and must document the required qualifications outlined in subdivision 15 in a manner
determined by the commissioner.

(e) CMDE is a comprehensive evaluation of the person's developmental status to
determine medical necessity for EIDBI services and meets the requirements of subdivision
5. The services must be provided by a qualified CMDE provider.

(f) EIDBI intervention observation and direction is the clinical direction and oversight
of EIDBI services by the QSP, level I treatment provider, or level II treatment provider,
including developmental and behavioral techniques, progress measurement, data collection,
function of behaviors, and generalization of acquired skills for the direct benefit of a person.
EIDBI intervention observation and direction informs any modification of the current
treatment protocol to support the outcomes outlined in the ITP.

(g) Intervention is medically necessary direct treatment provided to a person with ASD
or a related condition as outlined in their ITP. All intervention services must be provided
under the direction of a QSP. Intervention may take place across multiple settings. The
frequency and intensity of intervention services are provided based on the number of
treatment goals, person and family or caregiver preferences, and other factors. Intervention
services may be provided individually or in a group. Intervention with a higher provider
ratio may occur when deemed medically necessary through the person's ITP.

(1) Individual intervention is treatment by protocol administered by a single qualified
EIDBI provider delivered to one person.

(2) Group intervention is treatment by protocol provided by one or more qualified EIDBI
providers, delivered to at least two people who receive EIDBI services.

new text begin (3) Higher provider ratio intervention is treatment with protocol modification provided
by two or more qualified EIDBI providers delivered to one person in an environment that
meets the person's needs and under the direction of the QSP or level I provider.
new text end

(h) ITP development and ITP progress monitoring is development of the initial, annual,
and progress monitoring of an ITP. ITP development and ITP progress monitoring documents
provide oversight and ongoing evaluation of a person's treatment and progress on targeted
goals and objectives and integrate and coordinate the person's and the person's legal
representative's information from the CMDE and ITP progress monitoring. This service
must be reviewed and completed by the QSP, and may include input from a level I provider
or a level II provider.

(i) Family caregiver training and counseling is specialized training and education for a
family or primary caregiver to understand the person's developmental status and help with
the person's needs and development. This service must be provided by the QSP, level I
provider, or level II provider.

(j) A coordinated care conference is a voluntary meeting with the person and the person's
family to review the CMDE or ITP progress monitoring and to integrate and coordinate
services across providers and service-delivery systems to develop the ITP. This service
deleted text begin must be provided by the QSP anddeleted text end may include the CMDE provider deleted text beginordeleted text endnew text begin, QSP,new text end a level I
providernew text begin,new text end or a level II provider.

(k) Travel time is allowable billing for traveling to and from the person's home, school,
a community setting, or place of service outside of an EIDBI center, clinic, or office from
a specified location to provide in-person EIDBI intervention, observation and direction, or
family caregiver training and counseling. The person's ITP must specify the reasons the
provider must travel to the person.

(l) Medical assistance covers medically necessary EIDBI services and consultations
delivered deleted text beginby a licensed health care providerdeleted text end via telehealth, as defined under section
256B.0625, subdivision 3b, in the same manner as if the service or consultation was delivered
in person.

Sec. 33.

Minnesota Statutes 2020, section 256K.26, subdivision 2, is amended to read:


Subd. 2.

Implementation.

The commissioner, in consultation with the commissioners
of the Department of Corrections and the Minnesota Housing Finance Agency, counties,
new text begin Tribes, new text endprovidersnew text begin,new text end and funders of supportive housing and services, shall develop application
requirements and make funds available according to this section, with the goal of providing
maximum flexibility in program design.

Sec. 34.

Minnesota Statutes 2020, section 256K.26, subdivision 6, is amended to read:


Subd. 6.

Outcomes.

Projects will be selected to further the following outcomes:

(1) reduce the number of Minnesota individuals and families that experience long-term
homelessness;

(2) increase the number of housing opportunities with supportive services;

(3) develop integrated, cost-effective service models that address the multiple barriers
to obtaining housing stability faced by people experiencing long-term homelessness,
including abuse, neglect, chemical dependency, disability, chronic health problems, or other
factors including ethnicity and race that may result in poor outcomes or service disparities;

(4) encourage partnerships among counties, new text beginTribes, new text endcommunity agencies, schools, and
other providers so that the service delivery system is seamless for people experiencing
long-term homelessness;

(5) increase employability, self-sufficiency, and other social outcomes for individuals
and families experiencing long-term homelessness; and

(6) reduce inappropriate use of emergency health care, shelter, deleted text beginchemical dependencydeleted text endnew text begin
substance use disorder treatment
new text end, foster care, child protection, corrections, and similar
services used by people experiencing long-term homelessness.

Sec. 35.

Minnesota Statutes 2020, section 256K.26, subdivision 7, is amended to read:


Subd. 7.

Eligible services.

Services eligible for funding under this section are all services
needed to maintain households in permanent supportive housing, as determined by the
deleted text begin county ordeleted text end countiesnew text begin or Tribesnew text end administering the project or projects.

Sec. 36.

Minnesota Statutes 2021 Supplement, section 256P.01, subdivision 6a, is amended
to read:


Subd. 6a.

Qualified professional.

(a) For illness, injury, or incapacity, a "qualified
professional" means a licensed physician, physician assistant, advanced practice registered
nurse, physical therapist, occupational therapist, or licensed chiropractor, according to their
scope of practice.

(b) For developmental disability, learning disability, and intelligence testing, a "qualified
professional" means a licensed physician, physician assistant, advanced practice registered
nurse, licensed independent clinical social worker, licensed psychologist, certified school
psychologist, or certified psychometrist working under the supervision of a licensed
psychologist.

(c) For mental health, a "qualified professional" means a licensed physician, advanced
practice registered nurse, or qualified mental health professional under section 245I.04,
subdivision 2
.

(d) For substance use disorder, a "qualified professional" means a licensed physician, a
qualified mental health professional under section deleted text begin245.462, subdivision 18, clauses (1) to
(6)
deleted text endnew text begin 245I.04, subdivision 2new text end, or an individual as defined in section 245G.11, subdivision 3,
4, or 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 37.

Minnesota Statutes 2020, section 256Q.06, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Account creation. new text end

new text begin If an eligible individual is unable to establish the eligible
individual's own ABLE account, an ABLE account may be established on behalf of the
eligible individual by the eligible individual's agent under a power of attorney or, if none,
by the eligible individual's conservator or legal guardian, spouse, parent, sibling, or
grandparent or a representative payee appointed for the eligible individual by the Social
Security Administration, in that order.
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. 38.

Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended
by Laws 2021, First Special Session chapter 7, article 2, section 71, is amended to read:


Subdivision 1.

Waivers and modifications; federal funding extension.

When the
peacetime emergency declared by the governor in response to the COVID-19 outbreak
expires, is terminated, or is rescinded by the proper authority, the following waivers and
modifications to human services programs issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12 deleted text beginthat are required to comply with federal lawdeleted text end
may remain in effect for the time period set out in applicable federal law or for the time
period set out in any applicable federally approved waiver or state plan amendment,
whichever is later:

(1) CV15: allowing telephone or video visits for waiver programs;

(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare;

(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;

(5) CV24: allowing telephone or video use for targeted case management visits;

(6) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;

(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance
Program;

(10) CV43: expanding remote home and community-based waiver services;

(11) CV44: allowing remote delivery of adult day services;

(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance
Program;

(13) CV60: modifying eligibility period for the federally funded Refugee Social Services
Program; and

(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and
Minnesota Family Investment Program maximum food benefits.

Sec. 39. new text beginREVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term
"chemical dependency" or similar terms to "substance use disorder." The revisor may make
grammatical changes related to the term change.
new text end

Sec. 40. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 254A.04; and 254B.14, subdivisions 1, 2, 3, 4,
and 6,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2021 Supplement, section 254B.14, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 2

COMMUNITY SUPPORTS

Section 1.

Minnesota Statutes 2020, section 245D.10, subdivision 3a, is amended to read:


Subd. 3a.

Service termination.

(a) The license holder must establish policies and
procedures for service termination that promote continuity of care and service coordination
with the person and the case manager and with other licensed caregivers, if any, who also
provide support to the person. The policy must include the requirements specified in
paragraphs (b) to (f).

(b) The license holder must permit each person to remain in the programnew text begin or to continue
receiving services
new text end and must not terminate services unless:

(1) the termination is necessary for the person's welfare and the deleted text beginfacilitydeleted text endnew text begin license holdernew text end
cannot meet the person's needs;

(2) the safety of the person deleted text beginordeleted text endnew text begin,new text end others in the programnew text begin, or staffnew text end is endangered and positive
support strategies were attempted and have not achieved and effectively maintained safety
for the person or others;

(3) the health of the person deleted text beginordeleted text endnew text begin,new text end others in the programnew text begin, or staffnew text end would otherwise be
endangered;

(4) the deleted text beginprogramdeleted text endnew text begin license holdernew text end has not been paid for services;

(5) the programnew text begin or license holdernew text end ceases to operate;

(6) the person has been terminated by the lead agency from waiver eligibility; or

(7) for state-operated community-based services, the person no longer demonstrates
complex behavioral needs that cannot be met by private community-based providers
identified in section 252.50, subdivision 5, paragraph (a), clause (1).

(c) Prior to giving notice of service termination, the license holder must document actions
taken to minimize or eliminate the need for termination. Action taken by the license holder
must include, at a minimum:

(1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the termination notice;

(2) a request to the case manager for intervention services identified in section 245D.03,
subdivision 1
, paragraph (c), clause (1), or other professional consultation or intervention
services to support the person in the program. This requirement does not apply to notices
of service termination issued under paragraph (b), clauses (4) and (7); and

(3) for state-operated community-based services terminating services under paragraph
(b), clause (7), the state-operated community-based services must engage in consultation
with the person's support team or expanded support team to:

(i) identify that the person no longer demonstrates complex behavioral needs that cannot
be met by private community-based providers identified in section 252.50, subdivision 5,
paragraph (a), clause (1);

(ii) provide notice of intent to issue a termination of services to the lead agency when a
finding has been made that a person no longer demonstrates complex behavioral needs that
cannot be met by private community-based providers identified in section 252.50, subdivision
5, paragraph (a), clause (1);

(iii) assist the lead agency and case manager in developing a person-centered transition
plan to a private community-based provider to ensure continuity of care; and

(iv) coordinate with the lead agency to ensure the private community-based service
provider is able to meet the person's needs and criteria established in a person's
person-centered transition plan.

If, based on the best interests of the person, the circumstances at the time of the notice were
such that the license holder was unable to take the action specified in clauses (1) and (2),
the license holder must document the specific circumstances and the reason for being unable
to do so.

(d) The notice of service termination must meet the following requirements:

(1) the license holder must notify the person or the person's legal representative and the
case manager in writing of the intended service termination. If the service termination is
from residential supports and services as defined in section 245D.03, subdivision 1, paragraph
(c), clause (3), the license holder must also notify the commissioner in writing; and

(2) the notice must include:

(i) the reason for the action;

(ii) except for a service termination under paragraph (b), clause (5), a summary of actions
taken to minimize or eliminate the need for service termination or temporary service
suspension as required under paragraph (c), and why these measures failed to prevent the
termination or suspension;

(iii) the person's right to appeal the termination of services under section 256.045,
subdivision 3, paragraph (a); and

(iv) the person's right to seek a temporary order staying the termination of services
according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).

(e) Notice of the proposed termination of service, including those situations that began
with a temporary service suspension, must be given at least 90 days prior to termination of
services under paragraph (b), clause (7), 60 days prior to termination when a license holder
is providing intensive supports and services identified in section 245D.03, subdivision 1,
paragraph (c), and 30 days prior to termination for all other services licensed under this
chapter. This notice may be given in conjunction with a notice of temporary service
suspension under subdivision 3.

(f) During the service termination notice period, the license holder must:

(1) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care;

(2) provide information requested by the person or case manager; and

(3) maintain information about the service termination, including the written notice of
intended service termination, in the service recipient record.

(g) For notices issued under paragraph (b), clause (7), the lead agency shall provide
notice to the commissioner and state-operated services at least 30 days before the conclusion
of the 90-day termination period, if an appropriate alternative provider cannot be secured.
Upon receipt of this notice, the commissioner and state-operated services shall reassess
whether a private community-based service can meet the person's needs. If the commissioner
determines that a private provider can meet the person's needs, state-operated services shall,
if necessary, extend notice of service termination until placement can be made. If the
commissioner determines that a private provider cannot meet the person's needs,
state-operated services shall rescind the notice of service termination and re-engage with
the lead agency in service planning for the person.

(h) For state-operated community-based services, the license holder shall prioritize the
capacity created within the existing service site by the termination of services under paragraph
(b), clause (7), to serve persons described in section 252.50, subdivision 5, paragraph (a),
clause (1).

Sec. 2.

Minnesota Statutes 2020, section 256.01, is amended by adding a subdivision to
read:


new text begin Subd. 12b. new text end

new text begin Department of Human Services systemic critical incident review team. new text end

new text begin (a)
The commissioner may establish a Department of Human Services systemic critical incident
review team to review required critical incident reports under section 626.557 for which
the Department of Human Services is responsible under section 626.5572, subdivision 13;
chapter 245D; or Minnesota Rules, chapter 9544. When reviewing a critical incident, the
systemic critical incident review team must identify systemic influences to the incident
rather than determining the culpability of any actors involved in the incident. The systemic
critical incident review may assess the entire critical incident process from the point of an
entity reporting the critical incident through the ongoing case management process.
Department staff must lead and conduct the reviews and may utilize county staff as reviewers.
The systemic critical incident review process may include but is not limited to:
new text end

new text begin (1) data collection about the incident and actors involved. Data may include the critical
incident report under review; previous incident reports pertaining to the person receiving
services; the service provider's policies and procedures applicable to the incident; the
coordinated service and support plan as defined in section 245D.02, subdivision 4b, for the
person receiving services; or an interview of an actor involved in the critical incident or the
review of the critical incident. Actors may include:
new text end

new text begin (i) staff of the provider agency;
new text end

new text begin (ii) lead agency staff administering home and community-based services delivered by
the provider;
new text end

new text begin (iii) Department of Human Services staff with oversight of home and community-based
services;
new text end

new text begin (iv) Department of Health staff with oversight of home and community-based services;
new text end

new text begin (v) members of the community including advocates, legal representatives, health care
providers, pharmacy staff, or others with knowledge of the incident or the actors in the
incident; and
new text end

new text begin (vi) staff from the Office of the Ombudsman for Mental Health and Developmental
Disabilities;
new text end

new text begin (2) systemic mapping of the critical incident. The team conducting the systemic mapping
of the incident may include any actors identified in clause (1), designated representatives
of other provider agencies, regional teams, and representatives of the local regional quality
council identified in section 256B.097; and
new text end

new text begin (3) analysis of the case for systemic influences.
new text end

new text begin (b) The critical incident review team must aggregate data collected and provide the
aggregated data to regional teams, participating regional quality councils, and the
commissioner. The regional teams and quality councils must analyze the data and make
recommendations to the commissioner regarding systemic changes that would decrease the
number and severity of critical incidents in the future or improve the quality of the home
and community-based service system.
new text end

new text begin (c) A selection committee must select cases for the systemic critical incident review
process from among the following critical incident categories:
new text end

new text begin (1) cases of caregiver neglect identified in section 626.5572, subdivision 17;
new text end

new text begin (2) cases involving financial exploitation identified in section 626.5572, subdivision 9;
new text end

new text begin (3) incidents identified in section 245D.02, subdivision 11;
new text end

new text begin (4) incidents identified in Minnesota Rules, part 9544.0110; and
new text end

new text begin (5) service terminations reported to the department in accordance with section 245D.10,
subdivision 3a.
new text end

new text begin (d) The systemic critical incident review under this section must not replace the process
for screening or investigating cases of alleged maltreatment of an adult under section 626.557.
The department, under the jurisdiction of the commissioner, may select for systemic critical
incident review cases reported for suspected maltreatment and closed following initial or
final disposition.
new text end

new text begin (e) The proceedings and records of the review team are confidential data on individuals
or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that
document a person's opinions formed as a result of the review are not subject to discovery
or introduction into evidence in a civil or criminal action against a professional, the state,
or a county agency arising out of the matters that the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because the information, documents,
and records were assessed or presented during review team proceedings. A person who
presented information before the systemic critical incident review team or who is a member
of the team must not be prevented from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person must not be questioned about opinions
formed by the person as a result of the review.
new text end

new text begin (f) By October 1 of each year, the commissioner shall prepare an annual public report
containing the following information:
new text end

new text begin (1) the number of cases reviewed under each critical incident category identified in
paragraph (b) and a geographical description of where cases under each category originated;
new text end

new text begin (2) an aggregate summary of the systemic themes from the critical incidents examined
by the critical incident review team during the previous year;
new text end

new text begin (3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in
regard to the critical incidents examined by the critical incident review team; and
new text end

new text begin (4) recommendations made to the commissioner regarding systemic changes that could
decrease the number and severity of critical incidents in the future or improve the quality
of the home and community-based service system.
new text end

Sec. 3.

Minnesota Statutes 2020, 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 and Nutrition 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 245C, 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;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under chapter 260E 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 chapter 260E, after the individual or facility has exercised the
right to administrative reconsideration under chapter 260E;

(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
260E.06, subdivision 1, 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 and Nutrition 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, deleted text beginfromdeleted text endnew text begin by a licensed provider of anynew text end residential supports deleted text beginanddeleted text endnew text begin ornew text end services deleted text beginas defineddeleted text endnew text begin listednew text end
in section 245D.03, subdivision 1, deleted text beginparagraphdeleted text endnew text begin paragraphs (b) andnew text end (c), deleted text beginclause (3),deleted text end 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. 4.

Minnesota Statutes 2020, section 256B.0651, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of sections 256B.0651 to 256B.0654
and 256B.0659, the terms in paragraphs (b) to deleted text begin(g)deleted text endnew text begin (i)new text end have the meanings given.

(b) "Activities of daily living" has the meaning given in section 256B.0659, subdivision
1, paragraph (b).

(c) "Assessment" means a review and evaluation of a recipient's need for home care
services conducted in person.

new text begin (d) "Care coordination" means a service performed by a licensed professional to
coordinate both skilled and unskilled home care services, except personal care assistance,
for a recipient, and may include documentation and coordination activities not carried out
in conjunction with a care evaluation visit.
new text end

new text begin (e) "Care evaluation" means a start-of-care visit, a resumption-of-care visit, or a
recertification visit that is a face-to-face assessment of a person by a licensed professional
to develop, update, or review the service plan for both skilled and unskilled home care
services, except personal care assistance.
new text end

deleted text begin (d)deleted text endnew text begin (f)new text end "Home care services" means medical assistance covered services that are home
health agency services, including skilled nurse visits; home health aide visits; physical
therapy, occupational therapy, respiratory therapy, and language-speech pathology therapy;
home care nursing; and personal care assistance.

deleted text begin (e)deleted text endnew text begin (g)new text end "Home residence," effective January 1, 2010, means a residence owned or rented
by the recipient either alone, with roommates of the recipient's choosing, or with an unpaid
responsible party or legal representative; or a family foster home where the license holder
lives with the recipient and is not paid to provide home care services for the recipient except
as allowed under sections 256B.0652, subdivision 10, and 256B.0654, subdivision 4.

deleted text begin (f)deleted text endnew text begin (h)new text end "Medically necessary" has the meaning given in Minnesota Rules, parts 9505.0170
to 9505.0475.

deleted text begin (g)deleted text endnew text begin (i)new text end "Ventilator-dependent" means an individual who receives mechanical ventilation
for life support at least six hours per day and is expected to be or has been dependent on a
ventilator for at least 30 consecutive days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 5.

Minnesota Statutes 2020, section 256B.0651, subdivision 2, is amended to read:


Subd. 2.

Services covered.

Home care services covered under this section and sections
256B.0652 to 256B.0654 and 256B.0659 include:

new text begin (1) care coordination services under subdivision 1, paragraph (d);
new text end

new text begin (2) care evaluation services under subdivision 1, paragraph (e);
new text end

deleted text begin (1)deleted text endnew text begin (3)new text end nursing services under sections 256B.0625, subdivision 6a, and 256B.0653;

deleted text begin (2)deleted text endnew text begin (4)new text end home care nursing services under sections 256B.0625, subdivision 7, and
256B.0654;

deleted text begin (3)deleted text endnew text begin (5)new text end home health services under sections 256B.0625, subdivision 6a, and 256B.0653;

deleted text begin (4)deleted text endnew text begin (6)new text end personal care assistance services under sections 256B.0625, subdivision 19a, and
256B.0659;

deleted text begin (5)deleted text endnew text begin (7)new text end supervision of personal care assistance services provided by a qualified
professional under sections 256B.0625, subdivision 19a, and 256B.0659;

deleted text begin (6)deleted text endnew text begin (8)new text end face-to-face assessments by county public health nurses for services under sections
256B.0625, subdivision 19a, and 256B.0659; and

deleted text begin (7)deleted text endnew text begin (9)new text end service updates and review of temporary increases for personal care assistance
services by the county public health nurse for services under sections 256B.0625, subdivision
19a
, and 256B.0659.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 6.

Minnesota Statutes 2020, section 256B.0652, subdivision 11, is amended to read:


Subd. 11.

Limits on services without authorization.

A recipient may receive the
following home care services during a calendar year:

(1) up to two face-to-face assessments to determine a recipient's need for personal care
assistance services;

(2) one service update done to determine a recipient's need for personal care assistance
services; deleted text beginand
deleted text end

(3) up to nine face-to-facenew text begin visits that may include bothnew text end skilled nurse visitsdeleted text begin.deleted text endnew text begin and care
evaluations; and
new text end

new text begin (4) up to four 15-minute units of care coordination per episode of care to coordinate
home health services for a recipient.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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.

Minnesota Statutes 2020, section 256B.0653, subdivision 6, is amended to read:


Subd. 6.

Noncovered home health agency services.

The following are not eligible for
payment under medical assistance as a home health agency service:

(1) telehomecare skilled nurses services that is communication between the home care
nurse and recipient that consists solely of a telephone conversation, facsimile, electronic
mail, or a consultation between two health care practitioners;

(2) the following skilled nurse visits:

(i) for the purpose of monitoring medication compliance with an established medication
program for a recipient;

(ii) administering or assisting with medication administration, including injections,
prefilling syringes for injections, or oral medication setup of an adult recipient, when, as
determined and documented by the registered nurse, the need can be met by an available
pharmacy or the recipient or a family member is physically and mentally able to
self-administer or prefill a medication;

(iii) services done for the sole purpose of supervision of the home health aide or personal
care assistant;

(iv) services done for the sole purpose to train other home health agency workers;

(v) services done for the sole purpose of blood samples or lab draw when the recipient
is able to access these services outside the home; and

(vi) Medicare evaluation or administrative nursing visits required by Medicarenew text begin, with the
exception of care evaluation as defined in section 256B.0651, subdivision 1, paragraph (e)
new text end;

(3) home health aide visits when the following activities are the sole purpose for the
visit: companionship, socialization, household tasks, transportation, and education;

(4) home care therapies provided in other settings such as a clinic or as an inpatient or
when the recipient can access therapy outside of the recipient's residence; and

(5) home health agency services without qualifying documentation of a face-to-face
encounter as specified in subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 8.

Minnesota Statutes 2020, section 256B.0659, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in
paragraphs (b) to (r) have the meanings given unless otherwise provided in text.

(b) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.

(c) "Behavior," effective January 1, 2010, means a category to determine the home care
rating and is based on the criteria found in this section. "Level I behavior" means physical
aggression deleted text begintowardsdeleted text endnew text begin towardnew text end self, others, or destruction of property that requires the immediate
response of another person.

(d) "Complex health-related needs," effective January 1, 2010, means a category to
determine the home care rating and is based on the criteria found in this section.

(e) "Critical activities of daily living," effective January 1, 2010, means transferring,
mobility, eating, and toileting.

(f) "Dependency in activities of daily living" means a person requires assistance to begin
and complete one or more of the activities of daily living.

(g) "Extended personal care assistance service" means personal care assistance services
included in a service plan under one of the home and community-based services waivers
authorized under chapter 256S and sections 256B.092, subdivision 5, and 256B.49, which
exceed the amount, duration, and frequency of the state plan personal care assistance services
for participants who:

(1) need assistance provided periodically during a week, but less than daily will not be
able to remain in their homes without the assistance, and other replacement services are
more expensive or are not available when personal care assistance services are to be reduced;
or

(2) need additional personal care assistance services beyond the amount authorized by
the state plan personal care assistance assessment in order to ensure that their safety, health,
and welfare are provided for in their homes.

(h) "Health-related procedures and tasks" means procedures and tasks that can be
delegated or assigned by a licensed health care professional under state law to be performed
by a personal care assistant.

(i) "Instrumental activities of daily living" means activities to include meal planning and
preparation; basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the personal care assistance services;
communication by telephone and other media; and traveling, including to medical
appointments and to participate in the community.new text begin For purposes of this paragraph, traveling
includes driving and accompanying the recipient in the recipient's chosen mode of
transportation and according to the recipient's personal care assistance care plan.
new text end

(j) "Managing employee" has the same definition as Code of Federal Regulations, title
42, section 455.

(k) "Qualified professional" means a professional providing supervision of personal care
assistance services and staff as defined in section 256B.0625, subdivision 19c.

(l) "Personal care assistance provider agency" means a medical assistance enrolled
provider that provides or assists with providing personal care assistance services and includes
a personal care assistance provider organization, personal care assistance choice agency,
class A licensed nursing agency, and Medicare-certified home health agency.

(m) "Personal care assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.

(n) "Personal care assistance care plan" means a written description of personal care
assistance services developed by the personal care assistance provider according to the
service plan.

(o) "Responsible party" means an individual who is capable of providing the support
necessary to assist the recipient to live in the community.

(p) "Self-administered medication" means medication taken orally, by injection, nebulizer,
or insertion, or applied topically without the need for assistance.

(q) "Service plan" means a written summary of the assessment and description of the
services needed by the recipient.

(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage
reimbursement, health and dental insurance, life insurance, disability insurance, long-term
care insurance, uniform allowance, and contributions to employee retirement accounts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days of federal approval. The
commissioner of human services shall inform the revisor of statutes when federal approval
is obtained.
new text end

Sec. 9.

Minnesota Statutes 2020, section 256B.0659, subdivision 12, is amended to read:


Subd. 12.

Documentation of personal care assistance services provided.

(a) Personal
care assistance services for a recipient must be documented daily by each personal care
assistant, on a time sheet form approved by the commissioner. All documentation may be
web-based, electronic, or paper documentation. The completed form must be submitted on
a monthly basis to the provider and kept in the recipient's health record.

(b) The activity documentation must correspond to the personal care assistance care plan
and be reviewed by the qualified professional.

(c) The personal care assistant time sheet must be on a form approved by the
commissioner documenting time the personal care assistant provides services in the home.
The following criteria must be included in the time sheet:

(1) full name of personal care assistant and individual provider number;

(2) provider name and telephone numbers;

(3) full name of recipient and either the recipient's medical assistance identification
number or date of birth;

(4) consecutive dates, including month, day, and year, and arrival and departure times
with a.m. or p.m. notations;

(5) signatures of recipient or the responsible party;

(6) personal signature of the personal care assistant;

(7) any shared care provided, if applicable;

(8) a statement that it is a federal crime to provide false information on personal care
service billings for medical assistance payments; deleted text beginand
deleted text end

(9) dates and location of recipient stays in a hospital, care facility, or incarcerationnew text begin; and
new text end

new text begin (10) any time spent traveling, as described in subdivision 1, paragraph (i), including
start and stop times with a.m. and p.m. designations, the origination site, and the destination
site
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days of federal approval. The
commissioner of human services shall inform the revisor of statutes when federal approval
is obtained.
new text end

Sec. 10.

Minnesota Statutes 2020, section 256B.0659, subdivision 19, is amended to read:


Subd. 19.

Personal care assistance choice option; qualifications; duties.

(a) Under
personal care assistance choice, the recipient or responsible party shall:

(1) recruit, hire, schedule, and terminate personal care assistants according to the terms
of the written agreement required under subdivision 20, paragraph (a);

(2) develop a personal care assistance care plan based on the assessed needs and
addressing the health and safety of the recipient with the assistance of a qualified professional
as needed;

(3) orient and train the personal care assistant with assistance as needed from the qualified
professional;

(4) deleted text begineffective January 1, 2010,deleted text end supervise and evaluate the personal care assistant with the
qualified professional, who is required to visit the recipient at least every 180 days;

(5) monitor and verify in writing and report to the personal care assistance choice agency
the number of hours worked by the personal care assistant and the qualified professional;

(6) engage in an annual face-to-face reassessment to determine continuing eligibility
and service authorization; deleted text beginand
deleted text end

(7) use the same personal care assistance choice provider agency if shared personal
assistance care is being usednew text begin; and
new text end

new text begin (8) ensure that a personal care assistant driving the recipient under subdivision 1,
paragraph (i), has a valid driver's license and the vehicle used is registered and insured
according to Minnesota law
new text end.

(b) The personal care assistance choice provider agency shall:

(1) meet all personal care assistance provider agency standards;

(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;

(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal
care assistant; and

(4) ensure arm's-length transactions without undue influence or coercion with the recipient
and personal care assistant.

(c) The duties of the personal care assistance choice provider agency are to:

(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations including, but not limited to, purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation including, but not
limited to, workers' compensation, unemployment insurance, and labor market data required
under section 256B.4912, subdivision 1a;

(2) bill the medical assistance program for personal care assistance services and qualified
professional services;

(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;

(4) pay the personal care assistant and qualified professional based on actual hours of
services provided;

(5) withhold and pay all applicable federal and state taxes;

(6) verify and keep records of hours worked by the personal care assistant and qualified
professional;

(7) make the arrangements and pay taxes and other benefits, if any, and comply with
any legal requirements for a Minnesota employer;

(8) enroll in the medical assistance program as a personal care assistance choice agency;
and

(9) enter into a written agreement as specified in subdivision 20 before services are
provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days of federal approval. The
commissioner of human services shall inform the revisor of statutes when federal approval
is obtained.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256B.0659, subdivision 24, is amended to read:


Subd. 24.

Personal care assistance provider agency; general duties.

A personal care
assistance provider agency shall:

(1) enroll as a Medicaid provider meeting all provider standards, including completion
of the required provider training;

(2) comply with general medical assistance coverage requirements;

(3) demonstrate compliance with law and policies of the personal care assistance program
to be determined by the commissioner;

(4) comply with background study requirements;

(5) verify and keep records of hours worked by the personal care assistant and qualified
professional;

(6) not engage in any agency-initiated direct contact or marketing in person, by phone,
or other electronic means to potential recipients, guardians, or family members;

(7) pay the personal care assistant and qualified professional based on actual hours of
services provided;

(8) withhold and pay all applicable federal and state taxes;

(9) document that the agency uses a minimum of 72.5 percent of the revenue generated
by the medical assistance rate for personal care assistance services for employee personal
care assistant wages and benefits. The revenue generated by the qualified professional and
the reasonable costs associated with the qualified professional shall not be used in making
this calculation;

(10) make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;

(11) enter into a written agreement under subdivision 20 before services are provided;

(12) report suspected neglect and abuse to the common entry point according to section
256B.0651;

(13) provide the recipient with a copy of the home care bill of rights at start of service;

(14) request reassessments at least 60 days prior to the end of the current authorization
for personal care assistance services, on forms provided by the commissioner;

(15) comply with the labor market reporting requirements described in section 256B.4912,
subdivision 1a; deleted text beginand
deleted text end

(16) document that the agency uses the additional revenue due to the enhanced rate under
subdivision 17a for the wages and benefits of the PCAs whose services meet the requirements
under subdivision 11, paragraph (d)new text begin; and
new text end

new text begin (17) ensure that a personal care assistant driving a recipient under subdivision 1,
paragraph (i), has a valid driver's license and the vehicle used is registered and insured
according to Minnesota law
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective within 90 days of federal approval. The
commissioner of human services shall inform the revisor of statutes when federal approval
is obtained.
new text end

Sec. 12.

Minnesota Statutes 2020, section 256B.4911, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Services provided by parents and spouses. new text end

new text begin (a) Upon federal approval, this
subdivision limits medical assistance payments under the consumer-directed community
supports option for personal assistance services provided by a parent to the parent's minor
child or by a spouse. This subdivision applies to the consumer-directed community supports
option available under all of the following:
new text end

new text begin (1) alternative care program;
new text end

new text begin (2) brain injury waiver;
new text end

new text begin (3) community alternative care waiver;
new text end

new text begin (4) community access for disability inclusion waiver;
new text end

new text begin (5) developmental disabilities waiver;
new text end

new text begin (6) elderly waiver; and
new text end

new text begin (7) Minnesota senior health option.
new text end

new text begin (b) For the purposes of this subdivision, "parent" means a parent, stepparent, or legal
guardian of a minor.
new text end

new text begin (c) If multiple parents are providing personal assistance services to their minor child or
children, each parent may provide up to 40 hours of personal assistance services in any
seven-day period regardless of the number of children served. The total number of hours
of personal assistance services provided by all of the parents must not exceed 80 hours in
a seven-day period regardless of the number of children served.
new text end

new text begin (d) If only one parent is providing personal assistance services to a minor child or
children, the parent may provide up to 60 hours of personal assistance services in a seven-day
period regardless of the number of children served.
new text end

new text begin (e) If a spouse is providing personal assistance services, the spouse may provide up to
60 hours of personal assistance services in a seven-day period.
new text end

new text begin (f) This subdivision must not be construed to permit an increase in the total authorized
consumer-directed community supports budget for an individual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 13.

Minnesota Statutes 2020, section 256B.4914, subdivision 8, as amended by Laws
2022, chapter 33, section 1, is amended to read:


Subd. 8.

Unit-based services with programming; component values and calculation
of payment rates.

(a) For the purpose of this section, unit-based services with programming
include employment exploration services, employment development services, employment
support services, individualized home supports with family training, individualized home
supports with training, and positive support services provided to an individual outside of
any service plan for a day program or residential support service.

(b) Component values for unit-based services with programming are:

(1) competitive workforce factor: 4.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) program plan support ratio: 15.5 percent;

(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
5b;

(7) general administrative support ratio: 13.25 percent;

(8) program-related expense ratio: 6.1 percent; and

(9) absence and utilization factor ratio: 3.9 percent.

(c) A unit of service for unit-based services with programming is 15 minutes.

(d) Payments for unit-based services with programming must be calculated as follows,
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:

(1) determine the number of units of service to meet a recipient's needs;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);

(5) multiply the number of direct staffing hours by the appropriate staff wage;

(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;

(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;

(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;

(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;

(11) this is the subtotal rate;

(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;

(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;

(14) for services provided in a shared manner, divide the total payment in clause (13)
as follows:

(i) for employment exploration services, divide by the number of service recipients, not
to exceed five;

(ii) for employment support services, divide by the number of service recipients, not to
exceed six; and

(iii) for individualized home supports with training and individualized home supports
with family training, divide by the number of service recipients, not to exceed deleted text begintwodeleted text endnew text begin threenew text end;
and

(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 14.

Minnesota Statutes 2020, section 256B.4914, subdivision 9, as amended by Laws
2022, chapter 33, section 1, is amended to read:


Subd. 9.

Unit-based services without programming; component values and
calculation of payment rates.

(a) For the purposes of this section, unit-based services
without programming include individualized home supports without training and night
supervision provided to an individual outside of any service plan for a day program or
residential support service. Unit-based services without programming do not include respite.

(b) Component values for unit-based services without programming are:

(1) competitive workforce factor: 4.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) program plan support ratio: 7.0 percent;

(6) client programming and support ratio: 2.3 percent, updated as specified in subdivision
5b;

(7) general administrative support ratio: 13.25 percent;

(8) program-related expense ratio: 2.9 percent; and

(9) absence and utilization factor ratio: 3.9 percent.

(c) A unit of service for unit-based services without programming is 15 minutes.

(d) Payments for unit-based services without programming must be calculated as follows
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:

(1) determine the number of units of service to meet a recipient's needs;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 to 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);

(5) multiply the number of direct staffing hours by the appropriate staff wage;

(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;

(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;

(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;

(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;

(11) this is the subtotal rate;

(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;

(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;

(14) for individualized home supports without training provided in a shared manner,
divide the total payment amount in clause (13) by the number of service recipients, not to
exceed deleted text begintwodeleted text endnew text begin threenew text end; and

(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 15.

Minnesota Statutes 2021 Supplement, section 256B.85, subdivision 7, is amended
to read:


Subd. 7.

Community first services and supports; covered services.

Services and
supports covered under CFSS include:

(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of
daily living (IADLs), and health-related procedures and tasks through hands-on assistance
to accomplish the task or constant supervision and cueing to accomplish the task;

(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to
accomplish activities of daily living, instrumental activities of daily living, or health-related
tasks;

(3) expenditures for items, services, supports, environmental modifications, or goods,
including assistive technology. These expenditures must:

(i) relate to a need identified in a participant's CFSS service delivery plan; and

(ii) increase independence or substitute for human assistance, to the extent that
expenditures would otherwise be made for human assistance for the participant's assessed
needs;

(4) observation and redirection for behavior or symptoms where there is a need for
assistance;

(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices,
to ensure continuity of the participant's services and supports;

(6) services provided by a consultation services provider as defined under subdivision
17, that is under contract with the department and enrolled as a Minnesota health care
program provider;

(7) services provided by an FMS provider as defined under subdivision 13a, that is an
enrolled provider with the department;

(8) CFSS services provided by a support worker who is a parent, stepparent, or legal
guardian of a participant under age 18, or who is the participant's spouse. deleted text beginThese support
workers shall not:
deleted text endnew text begin Covered services under this clause are subject to the limitations described
in subdivision 7b; and
new text end

deleted text begin (i) provide any medical assistance home and community-based services in excess of 40
hours per seven-day period regardless of the number of parents providing services,
combination of parents and spouses providing services, or number of children who receive
medical assistance services; and
deleted text end

deleted text begin (ii) have a wage that exceeds the current rate for a CFSS support worker including the
wage, benefits, and payroll taxes; and
deleted text end

(9) worker training and development services as described in subdivision 18a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 16.

Minnesota Statutes 2020, section 256B.85, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Services provided by parents and spouses. new text end

new text begin (a) This subdivision applies to
services and supports described in subdivision 7, clause (8).
new text end

new text begin (b) If multiple parents are support workers providing CFSS services to their minor child
or children, each parent may provide up to 40 hours of medical assistance home and
community-based services in any seven-day period regardless of the number of children
served. The total number of hours of medical assistance home and community-based services
provided by all of the parents must not exceed 80 hours in a seven-day period regardless of
the number of children served.
new text end

new text begin (c) If only one parent is a support worker providing CFSS services to the parent's minor
child or children, the parent may provide up to 60 hours of medical assistance home and
community-based services in a seven-day period regardless of the number of children served.
new text end

new text begin (d) If a spouse is a support worker providing CFSS services, the spouse may provide up
to 60 hours of medical assistance home and community-based services in a seven-day period.
new text end

new text begin (e) Paragraphs (b) to (d) must not be construed to permit an increase in either the total
authorized service budget for an individual or the total number of authorized service units.
new text end

new text begin (f) A parent or spouse must not receive a wage that exceeds the current rate for a CFSS
support worker, including the wage, benefits, and payroll taxes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end

Sec. 17.

Minnesota Statutes 2021 Supplement, section 256B.85, subdivision 8, is amended
to read:


Subd. 8.

Determination of CFSS service authorization amount.

(a) All community
first services and supports must be authorized by the commissioner or the commissioner's
designee before services begin. The authorization for CFSS must be completed as soon as
possible following an assessment but no later than 40 calendar days from the date of the
assessment.

(b) The amount of CFSS authorized must be based on the participant's home care rating
described in paragraphs (d) and (e) and any additional service units for which the participant
qualifies as described in paragraph (f).

(c) The home care rating shall be determined by the commissioner or the commissioner's
designee based on information submitted to the commissioner identifying the following for
a participant:

(1) the total number of dependencies of activities of daily living;

(2) the presence of complex health-related needs; and

(3) the presence of Level I behavior.

(d) The methodology to determine the total service units for CFSS for each home care
rating is based on the median paid units per day for each home care rating from fiscal year
2007 data for the PCA program.

(e) Each home care rating is designated by the letters P through Z and EN and has the
following base number of service units assigned:

(1) P home care rating requires Level I behavior or one to three dependencies in ADLs
and qualifies the person for five service units;

(2) Q home care rating requires Level I behavior and one to three dependencies in ADLs
and qualifies the person for six service units;

(3) R home care rating requires a complex health-related need and one to three
dependencies in ADLs and qualifies the person for seven service units;

(4) S home care rating requires four to six dependencies in ADLs and qualifies the person
for ten service units;

(5) T home care rating requires four to six dependencies in ADLs and Level I behavior
and qualifies the person for 11 service units;

(6) U home care rating requires four to six dependencies in ADLs and a complex
health-related need and qualifies the person for 14 service units;

(7) V home care rating requires seven to eight dependencies in ADLs and qualifies the
person for 17 service units;

(8) W home care rating requires seven to eight dependencies in ADLs and Level I
behavior and qualifies the person for 20 service units;

(9) Z home care rating requires seven to eight dependencies in ADLs and a complex
health-related need and qualifies the person for 30 service units; and

(10) EN home care rating includes ventilator dependency as defined in section 256B.0651,
subdivision 1
, paragraph deleted text begin(g)deleted text endnew text begin (i)new text end. A person who meets the definition of ventilator-dependent
and the EN home care rating and utilize a combination of CFSS and home care nursing
services is limited to a total of 96 service units per day for those services in combination.
Additional units may be authorized when a person's assessment indicates a need for two
staff to perform activities. Additional time is limited to 16 service units per day.

(f) Additional service units are provided through the assessment and identification of
the following:

(1) 30 additional minutes per day for a dependency in each critical activity of daily
living;

(2) 30 additional minutes per day for each complex health-related need; and

(3) 30 additional minutes per day for each behavior under this clause that requires
assistance at least four times per week:

(i) level I behavior that requires the immediate response of another person;

(ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior;
or

(iii) increased need for assistance for participants who are verbally aggressive or resistive
to care so that the time needed to perform activities of daily living is increased.

(g) The service budget for budget model participants shall be based on:

(1) assessed units as determined by the home care rating; and

(2) an adjustment needed for administrative expenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 18.

Minnesota Statutes 2021 Supplement, section 256B.851, subdivision 5, is amended
to read:


Subd. 5.

Payment rates; component values.

(a) The commissioner must use the
following component values:

(1) employee vacation, sick, and training factor, 8.71 percent;

(2) employer taxes and workers' compensation factor, 11.56 percent;

(3) employee benefits factor, 12.04 percent;

(4) client programming and supports factor, 2.30 percent;

(5) program plan support factor, 7.00 percent;

(6) general business and administrative expenses factor, 13.25 percent;

(7) program administration expenses factor, 2.90 percent; and

(8) absence and utilization factor, 3.90 percent.

(b) For purposes of implementation, the commissioner shall use the following
implementation components:

(1) personal care assistance services and CFSS: deleted text begin75.45deleted text endnew text begin 79.5new text end percent;

(2) enhanced rate personal care assistance services and enhanced rate CFSS: deleted text begin75.45deleted text endnew text begin 79.5new text end
percent; and

(3) qualified professional services and CFSS worker training and development: deleted text begin75.45deleted text endnew text begin
79.5
new text end percent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or 60 days following
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. 19.

Minnesota Statutes 2020, section 256I.04, subdivision 3, is amended to read:


Subd. 3.

Moratorium on development of housing support beds.

(a) Agencies shall
not enter into agreements for new housing support beds with total rates in excess of the
MSA equivalent rate except:

(1) for establishments licensed under chapter 245D provided the facility is needed to
meet the census reduction targets for persons with developmental disabilities at regional
treatment centers;

(2) up to 80 beds in a single, specialized facility located in Hennepin County that will
provide housing for chronic inebriates who are repetitive users of detoxification centers and
are refused placement in emergency shelters because of their state of intoxication, and
planning for the specialized facility must have been initiated before July 1, 1991, in
anticipation of receiving a grant from the Housing Finance Agency under section 462A.05,
subdivision 20a
, paragraph (b);

(3) notwithstanding the provisions of subdivision 2a, for up to deleted text begin226deleted text end new text begin500new text end supportive
housing units in Anoka, new text beginCarver, new text endDakota, Hennepin, deleted text beginordeleted text end Ramseynew text begin, Scott, or Washingtonnew text end County
for homeless adults with anew text begin disability, including but not limited tonew text end mental illness, a history
of substance abuse, or human immunodeficiency virus or acquired immunodeficiency
syndrome. For purposes of this deleted text beginsectiondeleted text endnew text begin clausenew text end, "homeless adult" means a person who isnew text begin: (i)new text end
living on the street or in a shelternew text begin;new text end ornew text begin (ii)new text end discharged from a regional treatment center,
community hospital, or residential treatment program and has no appropriate housing
available and lacks the resources and support necessary to access appropriate housing. deleted text beginAt
least 70 percent of the supportive housing units must serve homeless adults with mental
illness, substance abuse problems, or human immunodeficiency virus or acquired
immunodeficiency syndrome who are about to be or, within the previous six months, have
been discharged from a regional treatment center, or a state-contracted psychiatric bed in
a community hospital, or a residential mental health or chemical dependency treatment
program.
deleted text end If a person meets the requirements of subdivision 1, paragraph (a)new text begin or (b)new text end, and
receives a federal or state housing subsidy, the housing support rate for that person is limited
to the supplementary rate under section 256I.05, subdivision 1adeleted text begin, and is determined by
subtracting the amount of the person's countable income that exceeds the MSA equivalent
rate from the housing support supplementary service rate
deleted text end. A resident in a demonstration
project site who no longer participates in the demonstration program shall retain eligibility
for a housing support payment in an amount determined under section 256I.06, subdivision
8
, using the MSA equivalent ratedeleted text begin. Service funding under section 256I.05, subdivision 1a,
will end June 30, 1997, if federal matching funds are available and the services can be
provided through a managed care entity. If federal matching funds are not available, then
service funding will continue under section 256I.05, subdivision 1a
deleted text end;

(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in
Hennepin County providing services for recovering and chemically dependent men that has
had a housing support contract with the county and has been licensed as a board and lodge
facility with special services since 1980;

(5) for a housing support provider located in the city of St. Cloud, or a county contiguous
to the city of St. Cloud, that operates a 40-bed facility, that received financing through the
Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and serves
chemically dependent clientele, providing 24-hour-a-day supervision;

(6) for a new 65-bed facility in Crow Wing County that will serve chemically dependent
persons, operated by a housing support provider that currently operates a 304-bed facility
in Minneapolis, and a 44-bed facility in Duluth;

(7) for a housing support provider that operates two ten-bed facilities, one located in
Hennepin County and one located in Ramsey County, that provide community support and
24-hour-a-day supervision to serve the mental health needs of individuals who have
chronically lived unsheltered; and

(8) for a facility authorized for recipients of housing support in Hennepin County with
a capacity of up to 48 beds that has been licensed since 1978 as a board and lodging facility
and that until August 1, 2007, operated as a licensed chemical dependency treatment program.

(b) An agency may enter into a housing support agreement for beds with rates in excess
of the MSA equivalent rate in addition to those currently covered under a housing support
agreement if the additional beds are only a replacement of beds with rates in excess of the
MSA equivalent rate which have been made available due to closure of a setting, a change
of licensure or certification which removes the beds from housing support payment, or as
a result of the downsizing of a setting authorized for recipients of housing support. The
transfer of available beds from one agency to another can only occur by the agreement of
both agencies.

new text begin (c) The appropriation for this subdivision must include administrative funding equal to
the cost of two full-time equivalent employees to process eligibility. The commissioner
must disburse administrative funding to the fiscal agent for the counties under this
subdivision.
new text end

Sec. 20.

Minnesota Statutes 2020, section 256S.16, is amended to read:


256S.16 AUTHORIZATION OF ELDERLY WAIVER SERVICES AND SERVICE
RATES.

new text begin Subdivision 1. new text end

new text begin Service rates; generally. new text end

A lead agency must use the service rates and
service rate limits published by the commissioner to authorize services.

new text begin Subd. 2. new text end

new text begin Shared services; rates. new text end

new text begin The commissioner shall provide a rate system for
shared homemaker services and shared chore services, based on homemaker rates for a
single individual under section 256S.215, subdivisions 9 to 11, and the chore rate for a
single individual under section 256S.215, subdivision 7. For two persons sharing services,
the rate paid to a provider must not exceed 1-1/2 times the rate paid for serving a single
individual, and for three persons sharing services, the rate paid to a provider must not exceed
two times the rate paid for serving a single individual. These rates apply only when all of
the criteria for the shared service have been met.
new text end

Sec. 21.

Minnesota Statutes 2020, section 256S.18, subdivision 1, is amended to read:


Subdivision 1.

Case mix classifications.

(a) The elderly waiver case mix classifications
A to K shall be the resident classes A to K established under Minnesota Rules, parts
9549.0058 and 9549.0059.

(b) A participant assigned to elderly waiver case mix classification A must be reassigned
to elderly waiver case mix classification L if an assessment or reassessment performed
under section 256B.0911 determines that the participant has:

(1) no dependencies in activities of daily living; or

(2) up to two dependencies in bathing, dressing, grooming, walking, or eating when the
dependency score in eating is three or greater.

(c) A participant must be assigned to elderly waiver case mix classification V if the
participant meets the definition of ventilator-dependent in section 256B.0651, subdivision
1, paragraph deleted text begin(g)deleted text endnew text begin (i)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 22.

Laws 2021, First Special Session chapter 7, article 17, section 14, subdivision 3,
is amended to read:


Subd. 3.

Membership.

(a) The task force consists of deleted text begin16deleted text endnew text begin 20new text end members, appointed as
follows:

(1) the commissioner of human services or a designee;

(2) the commissioner of labor and industry or a designee;

(3) the commissioner of education or a designee;

(4) the commissioner of employment and economic development or a designee;

(5) a representative of the Department of Employment and Economic Development's
Vocational Rehabilitation Services Division appointed by the commissioner of employment
and economic development;

(6) one member appointed by the Minnesota Disability Law Center;

(7) one member appointed by The Arc of Minnesota;

(8) deleted text beginthreedeleted text endnew text begin fournew text end members who are persons with disabilities appointed by the commissioner
of human services, at least one of whom deleted text beginmust bedeleted text endnew text begin isnew text end neurodiverse, deleted text beginanddeleted text end at least one of whom
deleted text begin must havedeleted text endnew text begin hasnew text end a significant physical disabilitynew text begin, and at least one of whom at the time of the
appointment is being paid a subminimum wage
new text end;

(9) two representatives of employers authorized to pay subminimum wage and one
representative of an employer who successfully transitioned away from payment of
subminimum wages to people with disabilities, appointed by the commissioner of human
services;

(10) one member appointed by the Minnesota Organization for Habilitation and
Rehabilitation;

(11) one member appointed by ARRM; deleted text beginand
deleted text end

(12) one member appointed by the State Rehabilitation Councilnew text begin; and
new text end

new text begin (13) three members who are parents or guardians of persons with disabilities appointed
by the commissioner of human services, at least one of whom is a parent or guardian of a
person who is neurodiverse, at least one of whom is a parent or guardian of a person with
a significant physical disability, and at least one of whom is a parent or guardian of a person
being paid a subminimum wage as of the date of the appointment
new text end.

(b) To the extent possible, membership on the task force under paragraph (a) shall reflect
geographic parity throughout the state and representation from Black, Indigenous, and
communities of color.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
commissioner of human services must make the additional appointments required under
this section within 30 days following final enactment.
new text end

Sec. 23.

Laws 2022, chapter 33, section 1, subdivision 5a, is amended to read:


Subd. 5a.

Base wage index; calculations.

The base wage index must be calculated as
follows:

(1) 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 positive
supports professional, positive supports analyst, and positive supports specialist, which is
100 percent of the median wage for clinical counseling and school psychologist (SOC code
19-3031);

(2) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC
code 29-1141);

(3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical
nurses (SOC code 29-2061);

(4) for residential asleep-overnight staff, the minimum wage in Minnesota for large
employers, with the exception of asleep-overnight staff for family residential services, which
is 36 percent of the minimum wage in Minnesota for large employers;

(5) for residential direct care staff, the sum of:

(i) 15 percent of the subtotal of 50 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant
(SOC code 31-1131); 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 40 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 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);

(6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC
code 31-1131); and 30 percent of the median wage for home health and personal care aide
(SOC code 31-1120);

(7) for day support services staff and prevocational services staff, 20 percent of the
median wage for nursing assistant (SOC code 31-1131); 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 positive supports analyst staff, 100 percent of the median wage for substance
abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);

(9) for positive supports professional staff, 100 percent of the median wage for clinical
counseling and school psychologist (SOC code 19-3031);

(10) for positive supports specialist staff, 100 percent of the median wage for psychiatric
technicians (SOC code 29-2053);

(11) for individualized home supports with family training staff, 20 percent of the median
wage for nursing aide (SOC code 31-1131); 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);

(12) for individualized home supports with training 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);

(13) 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);

(14) for employment exploration services staff, 50 percent of the median wage for
deleted text begin rehabilitation counselor (SOC code 21-1015)deleted text endnew text begin education, guidance, school, and vocational
counselors (SOC code 21-1012)
new text end; and 50 percent of the median wage for community and
social services specialist (SOC code 21-1099);

(15) 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);

(16) for individualized home support without training staff, 50 percent of the median
wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the
median wage for nursing assistant (SOC code 31-1131);

(17) for night supervision staff, 40 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant
(SOC code 31-1131); 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); and

(18) for respite staff, 50 percent of the median wage for home health and personal care
aide (SOC code 31-1131); and 50 percent of the median wage for nursing assistant (SOC
code 31-1014).deleted text begin.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 24.

Laws 2022, chapter 33, section 1, subdivision 9a, is amended to read:


Subd. 9a.

Respite services; component values and calculation of payment rates.

(a)
For the purposes of this section, respite services include respite services provided to an
individual outside of any service plan for a day program or residential support service.

(b) Component values for respite services are:

(1) competitive workforce factor: 4.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) general administrative support ratio: 13.25 percent;

(6) program-related expense ratio: 2.9 percent; and

(7) absence and utilization factor ratio: 3.9 percent.

(c) A unit of service for respite services is 15 minutes.

(d) Payments for respite services must be calculated as follows unless the service is
reimbursed separately as part of a residential support services or day program payment rate:

(1) determine the number of units of service to meet an individual's needs;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring deaf and hard-of-hearing customization under subdivision
12, add the customization rate provided in subdivision 12 to the result of clause (3);

(5) multiply the number of direct staffing hours by the appropriate staff wage;

(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio;

(9) this is the subtotal rate;

(10) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;

(11) divide the result of clause (9) by one minus the result of clause (10). This is the
total payment amount;

(12) for respite services provided in a shared manner, divide the total payment amount
in clause (11) by the number of service recipients, not to exceed three; deleted text beginand
deleted text end

new text begin (13) for night supervision provided in a shared manner, divide the total payment amount
in clause (11) by the number of service recipients, not to exceed two; and
new text end

deleted text begin (13)deleted text endnew text begin (14)new text end adjust the result of deleted text beginclausedeleted text endnew text begin clausesnew text end (12)new text begin and (13)new text end by a factor to be determined
by the commissioner to adjust for regional differences in the cost of providing services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 25. new text beginWORKFORCE INCENTIVE FUND GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established. new text end

new text begin The commissioner of human services shall
establish grants for behavioral health, housing, disability, and home and community-based
older adult providers to assist with recruiting and retaining direct support and frontline
workers.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

new text begin (c) "Eligible employer" means an organization enrolled in a Minnesota health care
program or providing housing services that is:
new text end

new text begin (1) a provider of home and community-based services under Minnesota Statutes, chapter
245D;
new text end

new text begin (2) an agency provider or financial management service provider under Minnesota
Statutes, section 256B.85;
new text end

new text begin (3) a home care provider licensed under Minnesota Statutes, sections 144A.43 to
144A.482;
new text end

new text begin (4) a facility certified as an intermediate care facility for persons with developmental
disabilities;
new text end

new text begin (5) a provider of home care services as defined in Minnesota Statutes, section 256B.0651,
subdivision 1, paragraph (d);
new text end

new text begin (6) an agency as defined in Minnesota Statutes, section 256B.0949, subdivision 2;
new text end

new text begin (7) a provider of mental health day treatment services for children or adults;
new text end

new text begin (8) a provider of emergency services as defined in Minnesota Statutes, section 256E.36;
new text end

new text begin (9) a provider of housing support as defined in Minnesota Statutes, chapter 256I;
new text end

new text begin (10) a provider of housing stabilization services as defined in Minnesota Statutes, section
256B.051;
new text end

new text begin (11) a provider of transitional housing programs as defined in Minnesota Statutes, section
256E.33;
new text end

new text begin (12) a provider of substance use disorder services as defined in Minnesota Statutes,
chapter 245G;
new text end

new text begin (13) an eligible financial management service provider serving people through
consumer-directed community supports under Minnesota Statutes, sections 256B.092 and
256B.49, and chapter 256S, and consumer support grants under Minnesota Statutes, section
256.476;
new text end

new text begin (14) a provider of customized living services as defined in Minnesota Statutes, section
256S.02, subdivision 12; or
new text end

new text begin (15) a provider who serves children with an emotional disorder or adults with mental
illness under Minnesota Statutes, section 245I.011 or 256B.0671, providing services,
including:
new text end

new text begin (i) assertive community treatment;
new text end

new text begin (ii) intensive residential treatment services;
new text end

new text begin (iii) adult rehabilitative mental health services;
new text end

new text begin (iv) mobile crisis services;
new text end

new text begin (v) children's therapeutic services and supports;
new text end

new text begin (vi) children's residential services;
new text end

new text begin (vii) psychiatric residential treatment services;
new text end

new text begin (viii) outpatient mental health treatment provided by mental health professionals,
community mental health center services, or certified community behavioral health clinics;
and
new text end

new text begin (ix) intensive mental health outpatient treatment services.
new text end

new text begin (d) "Eligible worker" means a worker who earns $30 per hour or less and has worked
in an eligible profession for at least six months. Eligible workers may receive up to $5,000
annually in payments from the workforce incentive fund.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of grant money. new text end

new text begin (a) Grantees must use money awarded to
provide payments to eligible workers for the following purposes:
new text end

new text begin (1) retention and incentive payments;
new text end

new text begin (2) postsecondary loan and tuition payments;
new text end

new text begin (3) child care costs;
new text end

new text begin (4) transportation-related costs; and
new text end

new text begin (5) other costs associated with retaining and recruiting workers, as approved by the
commissioner.
new text end

new text begin (b) The commissioner must develop a grant cycle distribution plan that allows for
equitable distribution of funding among eligible employer types. The commissioner's
determination of the grant awards and amounts is final and is not subject to appeal.
new text end

new text begin (c) The commissioner must make efforts to prioritize eligible employers owned by
persons who are Black, Indigenous, and people of color and small- to mid-sized eligible
employers.
new text end

new text begin Subd. 4. new text end

new text begin Attestation. new text end

new text begin As a condition of obtaining grant payments under this section, an
eligible employer must attest and agree to the following:
new text end

new text begin (1) the employer is an eligible employer;
new text end

new text begin (2) the total number of eligible employees;
new text end

new text begin (3) the employer will distribute the entire value of the grant to eligible employees, as
allowed under this section;
new text end

new text begin (4) the employer will create and maintain records under subdivision 6;
new text end

new text begin (5) the employer will not use the money appropriated under this section for any purpose
other than the purposes permitted under this section; and
new text end

new text begin (6) the entire value of any grant amounts must be distributed to eligible employees
identified by the provider.
new text end

new text begin Subd. 5. new text end

new text begin Audits and recoupment. new text end

new text begin (a) The commissioner may perform an audit under
this section up to six years after the grant is awarded to ensure:
new text end

new text begin (1) the grantee used the money solely for the purposes stated in subdivision 3;
new text end

new text begin (2) the grantee was truthful when making attestations under subdivision 5; and
new text end

new text begin (3) the grantee complied with the conditions of receiving a grant under this section.
new text end

new text begin (b) If the commissioner determines that a grantee used awarded money for purposes not
authorized under this section, the commissioner must treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner must recover any
overpayment.
new text end

new text begin Subd. 6. new text end

new text begin Self-directed services workforce. new text end

new text begin Grants paid to eligible employees providing
services within the covered programs defined in Minnesota Statutes, section 256B.0711,
do not constitute a change in a term or condition for individual providers in covered programs
and are not subject to the state's obligation to meet and negotiate under Minnesota Statutes,
chapter 179A.
new text end

new text begin Subd. 7. new text end

new text begin Grants not to be considered income. new text end

new text begin (a) For the purposes of this subdivision,
"subtraction" has the meaning given in Minnesota Statutes, section 290.0132, subdivision
1, paragraph (a), and the rules in that subdivision apply for this subdivision. The definitions
in Minnesota Statutes, section 290.01, apply to this subdivision.
new text end

new text begin (b) The amount of grant awards received under this section is a subtraction.
new text end

new text begin (c) Grant awards under this section are excluded from income, as defined in Minnesota
Statutes, sections 290.0674, subdivision 2a, and 290A.03, subdivision 3.
new text end

new text begin (d) Notwithstanding any law to the contrary, grant awards under this section must not
be considered income, assets, or personal property for purposes of determining eligibility
or recertifying eligibility for:
new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B;
new text end

new text begin (2) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;
new text end

new text begin (3) housing support under Minnesota Statutes, chapter 256I;
new text end

new text begin (4) Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and
new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P.
new text end

new text begin (e) The commissioner of human services must not consider grant awards under this
section as income or assets under Minnesota Statutes, section 256B.056, subdivision 1a,
paragraph (a); 3; or 3c, or for persons with eligibility determined under Minnesota Statutes,
section 256B.057, subdivision 3, 3a, or 3b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 26. new text beginDIRECT CARE SERVICE CORPS PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin HealthForce Minnesota at Winona State University must
develop a pilot project establishing the Minnesota Direct Care Service Corps. The pilot
program must utilize financial incentives to attract postsecondary students to work as personal
care assistants or direct support professionals. HealthForce Minnesota must establish the
financial incentives and minimum work requirements to be eligible for incentive payments.
The financial incentive must increase with each semester that the student participates in the
Minnesota Direct Care Service Corps.
new text end

new text begin Subd. 2. new text end

new text begin Pilot sites. new text end

new text begin (a) Pilot sites must include one postsecondary institution in the
seven-county metropolitan area and at least one postsecondary institution outside of the
seven-county metropolitan area. If more than one postsecondary institution outside the
metropolitan area is selected, one must be located in northern Minnesota and the other must
be located in southern Minnesota.
new text end

new text begin (b) After satisfactorily completing the work requirements for a semester, the pilot site
or its fiscal agent must pay students the financial incentive developed for the pilot project.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation and report. new text end

new text begin (a) HealthForce Minnesota must contract with a third
party to evaluate the pilot project's impact on health care costs, retention of personal care
assistants, and patients' and providers' satisfaction of care. The evaluation must include the
number of participants, the hours of care provided by participants, and the retention of
participants from semester to semester.
new text end

new text begin (b) By January 4, 2024, HealthForce Minnesota must report the findings under paragraph
(a) to the chairs and ranking members of the legislative committees with jurisdiction over
human services policy and finance.
new text end

Sec. 27. new text beginDIRECTION TO COMMISSIONER OF HUMAN SERVICES;
LIFE-SHARING SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Recommendations required. new text end

new text begin The commissioner of human services shall
develop recommendations for establishing life sharing as a covered medical assistance
waiver service.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "life sharing" means a
relationship-based living arrangement between an adult with a disability and an individual
or family in which they share their lives and experiences while the adult with a disability
receives support from the individual or family using person-centered practices.
new text end

new text begin Subd. 3. new text end

new text begin Stakeholder engagement and consultation. new text end

new text begin (a) The commissioner must
proactively solicit participation in the development of the life-sharing medical assistance
service through a robust stakeholder engagement process that results in the inclusion of a
racially, culturally, and geographically diverse group of interested stakeholders from each
of the following groups:
new text end

new text begin (1) providers currently providing or interested in providing life-sharing services;
new text end

new text begin (2) people with disabilities accessing or interested in accessing life-sharing services;
new text end

new text begin (3) disability advocacy organizations; and
new text end

new text begin (4) lead agencies.
new text end

new text begin (b) The commissioner must proactively seek input into and assistance with the
development of recommendations for establishing the life-sharing service from interested
stakeholders.
new text end

new text begin (c) The commissioner must provide a method for the commissioner and interested
stakeholders to cofacilitate public meetings. The first meeting must occur before January
31, 2023. The commissioner must host the cofacilitated meetings at least monthly through
October 31, 2023. All meetings must be accessible to all interested stakeholders, recorded,
and posted online within one week of the meeting date.
new text end

new text begin Subd. 4. new text end

new text begin Required topics to be discussed during development of the
recommendations.
new text end

new text begin The commissioner and the interested stakeholders must discuss the
following topics:
new text end

new text begin (1) the distinction between life sharing and adult family foster care;
new text end

new text begin (2) successful life-sharing models used in other states;
new text end

new text begin (3) services and supports that could be included in a life-sharing service;
new text end

new text begin (4) potential barriers to providing or accessing life-sharing services;
new text end

new text begin (5) solutions to remove identified barriers to providing or accessing life-sharing services;
new text end

new text begin (6) potential medical assistance payment methodologies for life-sharing services;
new text end

new text begin (7) expanding awareness of the life-sharing model; and
new text end

new text begin (8) draft language for legislation necessary to define and implement life-sharing services.
new text end

new text begin Subd. 5. new text end

new text begin Report to the legislature. new text end

new text begin By December 31, 2023, the commissioner must
provide to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over direct care services a report
summarizing the discussions between the commissioner and the interested stakeholders and
the commissioner's recommendations. The report must also include any draft legislation
necessary to define and implement life-sharing services.
new text end

Sec. 28. new text beginDISABILITY SERVICES ACCESSIBILITY TASK FORCE AND PILOT
PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Task Force on Disability Services
Accessibility is established to evaluate the accessibility of current state and county disability
services and to develop and evaluate plans to address barriers to accessibility.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Accessible" means that a service or program is easily navigated without
accommodation or assistance, or, if reasonable accommodations are needed to navigate a
service or program, accommodations are chosen by the participant and effectively
implemented without excessive burden to the participant. Accessible communication means
communication that a person understands, with appropriate accommodations as needed,
including language or other interpretation.
new text end

new text begin (c) "Commissioner" means the commissioner of the Department of Human Services.
new text end

new text begin (d) "Disability services" means services provided through Medicaid, including personal
care assistance, home care, other home and community-based services, waivers, and other
home and community-based disability services provided through lead agencies.
new text end

new text begin (e) "Lead agency" means a county, Tribe, or health plan under contract with the
commissioner to administer disability services.
new text end

new text begin (f) "Task force" means the Task Force on Disability Services Accessibility.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of 24 members as follows:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) one member appointed by the Minnesota Council on Disability;
new text end

new text begin (3) the ombudsman for mental health and developmental disabilities or a designee;
new text end

new text begin (4) two representatives of counties or Tribal agencies appointed by the commissioner
of human services;
new text end

new text begin (5) one member appointed by the Minnesota Association of County Social Service
Administrators;
new text end

new text begin (6) one member appointed by the Minnesota Disability Law Center;
new text end

new text begin (7) one member appointed by the Arc of Minnesota;
new text end

new text begin (8) one member appointed by the Autism Society of Minnesota;
new text end

new text begin (9) one member appointed by the Service Employees International Union;
new text end

new text begin (10) five members appointed by the commissioner of human services who are people
with disabilities, including at least one individual who has been denied services from the
state or county and two individuals who use different types of disability services;
new text end

new text begin (11) three members appointed by the commissioner of human services who are parents
of children with disabilities who use different types of disability services;
new text end

new text begin (12) one member appointed by the Association of Residential Resources in Minnesota;
new text end

new text begin (13) one member appointed by the Minnesota First Provider Alliance;
new text end

new text begin (14) one member appointed by the Minnesota Commission of the Deaf, DeafBlind and
Hard of Hearing;
new text end

new text begin (15) one member appointed by the Minnesota Organization for Habilitation and
Rehabilitation; and
new text end

new text begin (16) two members appointed by the commissioner of human services who are direct
service professionals.
new text end

new text begin (b) To the extent possible, membership on the task force under paragraph (a) shall reflect
geographic parity throughout the state and representation from Black and Indigenous
communities and communities of color.
new text end

new text begin (c) The membership terms, compensation, expense reimbursement, and removal and
filling of vacancies of task force members are as provided in section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Appointment deadline; first meeting; chair. new text end

new text begin Appointing authorities must
complete member selections by January 1, 2023. The commissioner shall convene the first
meeting of the task force by February 15, 2023. The task force shall select a chair from
among its members at its first meeting. The chair will convene all subsequent meetings.
new text end

new text begin Subd. 5. new text end

new text begin Goals. new text end

new text begin The goals of the task force include:
new text end

new text begin (1) developing plans and executing methods to investigate accessibility of disability
services, including consideration of the following inquiries:
new text end

new text begin (i) how accessible is the program or service without assistance or accommodation,
including what accessibility options exist, how the accessibility options are communicated,
what trainings are provided to ensure accessibility options are implemented, and available
processes for filing consumer accessibility complaints and correcting administrative errors;
new text end

new text begin (ii) the impact of accessibility barriers on individuals' access to services, including
information about service denials or reductions due to accessibility issues, and aggregate
information about reductions and denials related to disability or support need types and
reasons for reductions and denials; and
new text end

new text begin (iii) what areas of discrepancy exist between declared state and county disability policy
goals and enumerated state and federal laws and the experiences of people who have
disabilities in accessing services;
new text end

new text begin (2) identifying areas of inaccessibility creating inefficiencies that financially impact the
state and counties, including:
new text end

new text begin (i) the number and cost of appeals, including the number of appeals of service denials
or reductions that are ultimately overturned;
new text end

new text begin (ii) the cost of crisis intervention because of service failure; and
new text end

new text begin (iii) the cost of redoing work that was not done correctly initially; and
new text end

new text begin (3) assessing the efficacy of possible solutions, including supervising and reviewing
data from pilot projects as described in subdivisions 7 and 8.
new text end

new text begin Subd. 6. new text end

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

new text begin (a) The task force shall work with the
commissioner to identify investigative areas and to develop a plan to conduct an accessibility
assessment of disability services provided by lead agencies and the Department of Human
Services. The assessment must:
new text end

new text begin (1) identify accessibility barriers and impediments created by current policies, procedures,
and implementation;
new text end

new text begin (2) identify and analyze accessibility barrier and impediment impacts on different
demographics;
new text end

new text begin (3) gather information from:
new text end

new text begin (i) the Department of Human Services;
new text end

new text begin (ii) relevant state agencies and staff;
new text end

new text begin (iii) counties and relevant staff;
new text end

new text begin (iv) people who use disability services;
new text end

new text begin (v) disability advocates; and
new text end

new text begin (vi) family members and other support people for individuals who use disability services;
new text end

new text begin (4) identify barriers to accessibility improvements in state and county services; and
new text end

new text begin (5) identify benefits to the state and counties in improving accessibility of disability
services.
new text end

new text begin (b) For the purposes of the assessment, disability services include:
new text end

new text begin (1) access to services;
new text end

new text begin (2) explanation of services;
new text end

new text begin (3) maintenance of services;
new text end

new text begin (4) application of services;
new text end

new text begin (5) services participant understanding of rights and responsibilities;
new text end

new text begin (6) communication regarding services;
new text end

new text begin (7) requests for accommodations;
new text end

new text begin (8) processes for filing complaints or grievances; and
new text end

new text begin (9) processes for appealing decisions denying or reducing services or eligibility.
new text end

new text begin (c) The task force shall collaborate with stakeholders, counties, and state agencies to
develop recommendations from the findings of the assessment and to create sustainable and
accessible changes to county and state services to improve outcomes for people with
disabilities. The recommendations must include:
new text end

new text begin (1) recommendations to eliminate barriers identified in the assessment, including but
not limited to recommendations for state legislative action, state policy action, and lead
agency changes;
new text end

new text begin (2) benchmarks for measuring annual progress toward increasing accessibility in county
and state disability services to be annually evaluated by the commissioner and the Minnesota
Council on Disability;
new text end

new text begin (3) a proposed method for monitoring and tracking accessibility in disability services;
new text end

new text begin (4) proposed initiatives, training, and services designed to improve accessibility and
effectiveness of county and state disability services; and
new text end

new text begin (5) recommendations for sustainable financial support and resources for improving
accessibility.
new text end

new text begin (d) The task force shall oversee preparation of a report outlining the findings from the
accessibility assessment in paragraph (a) and the recommendations developed pursuant to
paragraph (b) according to subdivision 9.
new text end

new text begin Subd. 7. new text end

new text begin Pilot projects. new text end

new text begin (a) The commissioner shall establish pilot projects with multiple
methods of reducing accessibility barriers in disability services.
new text end

new text begin (b) The commissioner shall select lead agencies to conduct pilot projects through a
competitive application process. The commissioner shall select six lead agencies across the
state in regional zones, with representation from counties serving Black people, Indigenous
people, and other people of color and no more than two lead agencies from the seven-county
metropolitan area.
new text end

new text begin (c) The application must include a proposal for how the county will implement any pilot
project in subdivisions 7 and 8 for at least five percent of the county's total disability services
case load.
new text end

new text begin (d) Selected counties shall use a process to facilitate communication between counties
and applicants and reduce incidences of appeal prior to issuing disability service decisions
that deny or reduce services or eligibility. These counties shall provide recipients with a
preview of the service decision and an opportunity to ask questions, provide clarification,
or provide additional information. The process must be accessible to recipients, including
in its forms of communication. A recipient is not required to participate in the preview
process.
new text end

new text begin (e) Any preview and opportunity for questions, clarification, or additional documents
must occur at least ten business days in advance of issuing a service decision. The preview
process must at minimum include:
new text end

new text begin (1) the lead agency sharing the substantive content of the proposed decision with the
recipient;
new text end

new text begin (2) an opportunity for interactive communication between the recipient and a
representative of the lead agency with knowledge regarding the proposed decision that must
be in a format that is accessible to the recipient; and
new text end

new text begin (3) continuation of services while a notice of action is pending following the preview
process.
new text end

new text begin (f) Counties must issue a notice of action within ten days of the final communication of
the preview process. Counties may change a decision denying or reducing services or
eligibility between the preview and the decision based on discussions or information from
the preview process. The recipient may request an appeal at any time.
new text end

new text begin (g) To the extent permitted by the Centers for Medicare and Medicaid Services, selected
counties shall streamline Medicaid service eligibility for people with disabilities by using
less frequent disability service needs assessments to save costs and reduce administrative
work needed to redetermine service eligibility. If federal approval is needed for the pilot
project, the commissioner shall seek a waiver from the Centers for Medicare and Medicaid
Services to permit the pilot project.
new text end

new text begin (h) The commissioner shall establish the criteria for lead agencies participating in the
pilot project to use less frequent assessments for disability services for qualifying individuals.
This criteria must include the likelihood of the individual's disability-related needs to change
over time and the consistency or lack thereof of previous assessment results.
new text end

new text begin (i) A change to less frequent assessments must not preclude an individual from requesting
an assessment earlier than the next scheduled assessment. Lead agencies shall assess service
eligibility at least every three years.
new text end

new text begin (j) Selected lead agencies shall hire or contract with a community program and train and
implement a team of peer system navigators to assist recipients with navigating county
processes. Navigators must be people with disabilities or parents or guardians receiving the
same type of services in similar settings. The county must communicate with navigators
and pair navigators with participants.
new text end

new text begin (k) The peer system navigator process must be accessible to recipients, including in form
of communication. The counties must pay peer navigators and provide benefit counseling
to navigators to ensure their own services and supports are not at risk.
new text end

new text begin (l) Selected lead agencies shall make options available for disability service recipients
to use electronic communications for interactions with the lead agency regarding services.
new text end

new text begin Subd. 8. new text end

new text begin Pilot projects; funding and timing. new text end

new text begin (a) Each county selected must receive
grant funding to implement, operate, and report on the pilot project. The amount of grant
funding must be proportionate to the disability services case load for the selected county.
new text end

new text begin (b) Counties shall implement the pilot projects no later than July 1, 2023, and shall
continue the projects for at least 18 months. Counties must provide interim reporting on the
pilot projects to the task force at six, 12, and 18 months into the pilot projects.
new text end

new text begin Subd. 9. new text end

new text begin Report. new text end

new text begin By August 1, 2025, the task force shall submit a report with
recommendations to the chairs and ranking minority members of the committees and divisions
in the senate and house of representatives with jurisdiction over health and human services.
This report must comply with subdivision 6, paragraph (d), include any changes to statutes,
laws, or rules required to implement the recommendations of the task force, and include a
recommendation concerning continuing the task force beyond its scheduled expiration.
new text end

new text begin Subd. 10. new text end

new text begin Administrative support. new text end

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

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin The task force expires on March 31, 2026.
new text end

Sec. 29. new text beginDIRECTION TO COMMISSIONER; SHARED SERVICES.
new text end

new text begin (a) By December 1, 2022, the commissioner of human services shall seek any necessary
changes to home and community-based services waiver plans regarding sharing services in
order to:
new text end

new text begin (1) permit shared services for more services, including chore, homemaker, and night
supervision;
new text end

new text begin (2) permit shared services for some services for higher ratios, including individualized
home supports without training, individualized home supports with training, and
individualized home supports with family training for a ratio of one staff person to three
recipients;
new text end

new text begin (3) ensure that individuals who are seeking to share services permitted under the waiver
plans in an own-home setting are not required to live in a licensed setting in order to share
services so long as all other requirements are met; and
new text end

new text begin (4) issue guidance for shared services, including:
new text end

new text begin (i) informed choice for all individuals sharing the services;
new text end

new text begin (ii) guidance for when multiple shared services by different providers occur in one home
and how lead agencies and individuals shall determine that shared service is appropriate to
meet the needs, health, and safety of each individual for whom the lead agency provides
case management or care coordination; and
new text end

new text begin (iii) guidance clarifying that an individual's decision to share services does not reduce
any determination of the individual's overall or assessed needs for services.
new text end

new text begin (b) The commissioner shall develop or provide guidance outlining:
new text end

new text begin (1) instructions for shared services support planning;
new text end

new text begin (2) person-centered approaches and informed choice in shared services support planning;
and
new text end

new text begin (3) required contents of shared services agreements.
new text end

new text begin (c) The commissioner shall seek and utilize stakeholder input for any proposed changes
to waiver plans and any shared services guidance.
new text end

Sec. 30. new text beginDIRECTION TO COMMISSIONER; DISABILITY WAIVER SHARED
SERVICES RATES.
new text end

new text begin The commissioner of human services shall provide a rate system for shared homemaker
services and shared chore services provided under Minnesota Statutes, sections 256B.092
and 256B.49. For two persons sharing services, the rate paid to a provider must not exceed
1-1/2 times the rate paid for serving a single individual, and for three persons sharing
services, the rate paid to a provider must not exceed two times the rate paid for serving a
single individual. These rates apply only when all of the criteria for the shared service have
been met.
new text end

Sec. 31. new text beginDIRECTION TO COMMISSIONER; INTERMEDIATE CARE FACILITIES
FOR PERSONS WITH DISABILITIES RATE STUDY.
new text end

new text begin The commissioner of human services shall study medical assistance payment rates for
intermediate care facilities for persons with disabilities under Minnesota Statutes, sections
256B.5011 to 256B.5015; make recommendations on establishing a new payment rate
methodology for these facilities; and submit a report to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services finance by
February 15, 2023, that includes the recommendations and any draft legislation necessary
to implement the recommendations.
new text end

ARTICLE 3

BEHAVIORAL HEALTH

Section 1.

Minnesota Statutes 2020, section 62N.25, subdivision 5, is amended to read:


Subd. 5.

Benefits.

Community integrated service networks must offer the health
maintenance organization benefit set, as defined in chapter 62D, and other laws applicable
to entities regulated under chapter 62D. Community networks and chemical dependency
facilities under contract with a community network shall use the assessment criteria in
deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text endnew text begin section 245G.05new text end when assessing enrollees
for chemical dependency treatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 62Q.1055, is amended to read:


62Q.1055 CHEMICAL DEPENDENCY.

All health plan companies shall use the assessment criteria in deleted text beginMinnesota Rules, parts
9530.6600 to 9530.6655,
deleted text endnew text begin section 245G.05new text end when assessing and deleted text beginplacingdeleted text endnew text begin treatingnew text end enrollees
for chemical dependency treatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 62Q.47, is amended to read:


62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY
SERVICES.

(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism,
mental health, or chemical dependency services, must comply with the requirements of this
section.

(b) Cost-sharing requirements and benefit or service limitations for outpatient mental
health and outpatient chemical dependency and alcoholism services, except for persons
deleted text begin placed indeleted text endnew text begin seekingnew text end chemical dependency services under deleted text beginMinnesota Rules, parts 9530.6600
to 9530.6655
deleted text endnew text begin section 245G.05new text end, must not place a greater financial burden on the insured or
enrollee, or be more restrictive than those requirements and limitations for outpatient medical
services.

(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital
mental health and inpatient hospital and residential chemical dependency and alcoholism
services, except for persons deleted text beginplaced indeleted text endnew text begin seekingnew text end chemical dependency services under deleted text beginMinnesota
Rules, parts 9530.6600 to 9530.6655
deleted text endnew text begin section 245G.05new text end, must not place a greater financial
burden on the insured or enrollee, or be more restrictive than those requirements and
limitations for inpatient hospital medical services.

(d) A health plan company must not impose an NQTL with respect to mental health and
substance use disorders in any classification of benefits unless, under the terms of the health
plan as written and in operation, any processes, strategies, evidentiary standards, or other
factors used in applying the NQTL to mental health and substance use disorders in the
classification are comparable to, and are applied no more stringently than, the processes,
strategies, evidentiary standards, or other factors used in applying the NQTL with respect
to medical and surgical benefits in the same classification.

(e) All health plans must meet the requirements of the federal Mental Health Parity Act
of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to, and federal
guidance or regulations issued under, those acts.

(f) The commissioner may require information from health plan companies to confirm
that mental health parity is being implemented by the health plan company. Information
required may include comparisons between mental health and substance use disorder
treatment and other medical conditions, including a comparison of prior authorization
requirements, drug formulary design, claim denials, rehabilitation services, and other
information the commissioner deems appropriate.

(g) Regardless of the health care provider's professional license, if the service provided
is consistent with the provider's scope of practice and the health plan company's credentialing
and contracting provisions, mental health therapy visits and medication maintenance visits
shall be considered primary care visits for the purpose of applying any enrollee cost-sharing
requirements imposed under the enrollee's health plan.

(h) By June 1 of each year, beginning June 1, 2021, the commissioner of commerce, in
consultation with the commissioner of health, shall submit a report on compliance and
oversight to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and commerce. The report must:

(1) describe the commissioner's process for reviewing health plan company compliance
with United States Code, title 42, section 18031(j), any federal regulations or guidance
relating to compliance and oversight, and compliance with this section and section 62Q.53;

(2) identify any enforcement actions taken by either commissioner during the preceding
12-month period regarding compliance with parity for mental health and substance use
disorders benefits under state and federal law, summarizing the results of any market conduct
examinations. The summary must include: (i) the number of formal enforcement actions
taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the
subject matter of each enforcement action, including quantitative and nonquantitative
treatment limitations;

(3) detail any corrective action taken by either commissioner to ensure health plan
company compliance with this section, section 62Q.53, and United States Code, title 42,
section 18031(j); and

(4) describe the information provided by either commissioner to the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.

The report must be written in nontechnical, readily understandable language and must be
made available to the public by, among other means as the commissioners find appropriate,
posting the report on department websites. Individually identifiable information must be
excluded from the report, consistent with state and federal privacy protections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, section 169A.70, subdivision 3, is amended to read:


Subd. 3.

Assessment report.

(a) The assessment report must be on a form prescribed
by the commissioner and shall contain an evaluation of the convicted defendant concerning
the defendant's prior traffic and criminal record, characteristics and history of alcohol and
chemical use problems, and amenability to rehabilitation through the alcohol safety program.
The report is classified as private data on individuals as defined in section 13.02, subdivision
12
.

(b) The assessment report must include:

(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;

(2) an assessment of the severity level of the involvement;

(3) a recommended level of care for the offender in accordance with the criteria contained
in deleted text beginrules adopted by the commissioner of human services under section 254A.03, subdivision
3
(chemical dependency treatment rules)
deleted text endnew text begin section 245G.05new text end;

(4) an assessment of the offender's placement needs;

(5) recommendations for other appropriate remedial action or care, including aftercare
services in section 254B.01, subdivision 3, that may consist of educational programs,
one-on-one counseling, a program or type of treatment that addresses mental health concerns,
or a combination of them; and

(6) a specific explanation why no level of care or action was recommended, if applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 169A.70, subdivision 4, is amended to read:


Subd. 4.

Assessor standards; rules; assessment time limits.

A chemical use assessment
required by this section must be conducted by an assessor appointed by the court. The
assessor must meet the training and qualification requirements of deleted text beginrules adopted by the
commissioner of human services under section 254A.03, subdivision 3 (chemical dependency
treatment rules)
deleted text endnew text begin section 245G.11, subdivisions 1 and 5new text end. Notwithstanding section 13.82 (law
enforcement data), the assessor shall have access to any police reports, laboratory test results,
and other law enforcement data relating to the current offense or previous offenses that are
necessary to complete the evaluation. deleted text beginAn assessor providing an assessment under this section
may not have any direct or shared financial interest or referral relationship resulting in
shared financial gain with a treatment provider, except as authorized under section 254A.19,
subdivision 3. If an independent assessor is not available, the court may use the services of
an assessor authorized to perform assessments for the county social services agency under
a variance granted under rules adopted by the commissioner of human services under section
254A.03, subdivision 3.
deleted text end An appointment for the defendant to undergo the assessment must
be made by the court, a court services probation officer, or the court administrator as soon
as possible but in no case more than one week after the defendant's court appearance. The
assessment must be completed no later than three weeks after the defendant's court
appearance. If the assessment is not performed within this time limit, the county where the
defendant is to be sentenced shall perform the assessment. The county of financial
responsibility must be determined under chapter 256G.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 6.

new text begin [245.4866] CHILDREN'S MENTAL HEALTH COMMUNITY OF
PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The commissioner of human services, in
consultation with children's mental health subject matter experts, shall establish a children's
mental health community of practice. The purposes of the community of practice are to
improve treatment outcomes for children and adolescents with mental illness and reduce
disparities. The community of practice shall use evidence-based and best practices through
peer-to-peer and person-to-provider sharing.
new text end

new text begin Subd. 2. new text end

new text begin Participants; meetings. new text end

new text begin (a) The community of practice must include the
following participants:
new text end

new text begin (1) researchers or members of the academic community who are children's mental health
subject matter experts who do not have financial relationships with treatment providers;
new text end

new text begin (2) children's mental health treatment providers;
new text end

new text begin (3) a representative from a mental health advocacy organization;
new text end

new text begin (4) a representative from the Department of Human Services;
new text end

new text begin (5) a representative from the Department of Health;
new text end

new text begin (6) a representative from the Department of Education;
new text end

new text begin (7) representatives from county social services agencies;
new text end

new text begin (8) representatives from Tribal nations or Tribal social services providers; and
new text end

new text begin (9) representatives from managed care organizations.
new text end

new text begin (b) The community of practice must include, to the extent possible, individuals and
family members who have used mental health treatment services and must highlight the
voices and experiences of individuals who are Black, Indigenous, people of color, and
people from other communities that are disproportionately impacted by mental illness.
new text end

new text begin (c) The community of practice must meet regularly and must hold its first meeting before
January 1, 2023.
new text end

new text begin (d) Compensation and reimbursement for expenses for participants in paragraph (b) are
governed by section 15.059, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The community of practice must:
new text end

new text begin (1) identify gaps in children's mental health treatment services;
new text end

new text begin (2) enhance collective knowledge of issues related to children's mental health;
new text end

new text begin (3) understand evidence-based practices, best practices, and promising approaches to
address children's mental health;
new text end

new text begin (4) use knowledge gathered through the community of practice to develop strategic plans
to improve outcomes for children who participate in mental health treatment and related
services in Minnesota;
new text end

new text begin (5) increase knowledge about the challenges and opportunities learned by implementing
strategies; and
new text end

new text begin (6) develop capacity for community advocacy.
new text end

new text begin (b) The commissioner, in collaboration with subject matter experts and other participants,
may issue reports and recommendations to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance
and to local and regional governments.
new text end

Sec. 7.

Minnesota Statutes 2020, section 245.4882, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Assessment requirements. new text end

new text begin (a) A residential treatment service provider must
complete a diagnostic assessment of a child within ten calendar days of the child's admission.
If a diagnostic assessment has been completed by a mental health professional within the
past 180 days, a new diagnostic assessment need not be completed unless in the opinion of
the current treating mental health professional the child's mental health status has changed
markedly since the assessment was completed.
new text end

new text begin (b) The service provider must complete the screenings required by Minnesota Rules,
part 2960.0070, subpart 5, within ten calendar days.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245.4882, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Crisis admissions and stabilization. new text end

new text begin (a) A child may be referred for residential
treatment services under this section for the purpose of crisis stabilization by:
new text end

new text begin (1) a mental health professional as defined in section 245I.04, subdivision 2;
new text end

new text begin (2) a physician licensed under chapter 147 who is assessing a child in an emergency
department; or
new text end

new text begin (3) a member of a mobile crisis team who meets the qualifications under section
256B.0624, subdivision 5
new text end new text begin .
new text end

new text begin (b) A provider making a referral under paragraph (a) must conduct an assessment of the
child's mental health needs and make a determination that the child is experiencing a mental
health crisis and is in need of residential treatment services under this section.
new text end

new text begin (c) A child may receive services under this subdivision for up to 30 days and must be
subject to the screening and admissions criteria and processes under section 245.4885
thereafter
new text end new text begin .
new text end

Sec. 9.

Minnesota Statutes 2021 Supplement, section 245.4885, subdivision 1, is amended
to read:


Subdivision 1.

Admission criteria.

(a) Prior to admission or placement, except in the
case of an emergency, all children referred for treatment of severe emotional disturbance
in a treatment foster care setting, residential treatment facility, or informally admitted to a
regional treatment center shall undergo an assessment to determine the appropriate level of
care if county funds are used to pay for the child's services.new text begin An emergency includes when
a child is in need of and has been referred for crisis stabilization services under section
245.4882, subdivision 6. A child who has been referred to residential treatment for crisis
stabilization services in a residential treatment center is not required to undergo an assessment
under this section.
new text end

(b) The county board shall determine the appropriate level of care for a child when
county-controlled funds are used to pay for the child's residential treatment under this
chapter, including residential treatment provided in a qualified residential treatment program
as defined in section 260C.007, subdivision 26d. When a county board does not have
responsibility for a child's placement and the child is enrolled in a prepaid health program
under section 256B.69, the enrolled child's contracted health plan must determine the
appropriate level of care for the child. When Indian Health Services funds or funds of a
tribally owned facility funded under the Indian Self-Determination and Education Assistance
Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
health facility must determine the appropriate level of care for the child. When more than
one entity bears responsibility for a child's coverage, the entities shall coordinate level of
care determination activities for the child to the extent possible.

(c) The child's level of care determination shall determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
needs.

(d) When a level of care determination is conducted, the county board or other entity
may not determine that a screening of a child, referral, or admission to a residential treatment
facility is not appropriate solely because services were not first provided to the child in a
less restrictive setting and the child failed to make progress toward or meet treatment goals
in the less restrictive setting. The level of care determination must be based on a diagnostic
assessment of a child that evaluates the child's family, school, and community living
situations; and an assessment of the child's need for care out of the home using a validated
tool which assesses a child's functional status and assigns an appropriate level of care to the
child. The validated tool must be approved by the commissioner of human services and
may be the validated tool approved for the child's assessment under section 260C.704 if the
juvenile treatment screening team recommended placement of the child in a qualified
residential treatment program. If a diagnostic assessment has been completed by a mental
health professional within the past 180 days, a new diagnostic assessment need not be
completed unless in the opinion of the current treating mental health professional the child's
mental health status has changed markedly since the assessment was completed. The child's
parent shall be notified if an assessment will not be completed and of the reasons. A copy
of the notice shall be placed in the child's file. Recommendations developed as part of the
level of care determination process shall include specific community services needed by
the child and, if appropriate, the child's family, and shall indicate whether these services
are available and accessible to the child and the child's family. The child and the child's
family must be invited to any meeting where the level of care determination is discussed
and decisions regarding residential treatment are made. The child and the child's family
may invite other relatives, friends, or advocates to attend these meetings.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.

(f) The level of care determination, placement decision, and recommendations for mental
health services must be documented in the child's record and made available to the child's
family, as appropriate.

Sec. 10.

Minnesota Statutes 2021 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 emotional disturbances or severe emotional
disturbances who are at risk of out-of-home placementnew text begin or already in out-of-home placement
and at risk of change in placement or a higher level of care. Allowable activities and expenses
for respite care services are defined under subdivision 4
new text end. A child is not required to have
case management services to receive respite care services;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities, including
supervision of clinical trainees who are Black, indigenous, or people of color;

(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 under section 245.4901;

(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
website 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; deleted text beginand
deleted text end

(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grantsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (18) intensive developmentally appropriate and culturally informed interventions for
youth who are at risk of developing a mood disorder or experiencing a first episode of a
mood disorder and a public awareness campaign on the signs and symptoms of mood
disorders in youth.
new text end

(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.

(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.

Sec. 11.

Minnesota Statutes 2020, section 245.4889, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Covered respite care services. new text end

new text begin Respite care services under subdivision 1,
paragraph (b), clause (3), include hourly or overnight stays at a licensed foster home or with
a qualified and approved family member or friend and may occur at a child's or a provider's
home. Respite care services may also include the following activities and expenses:
new text end

new text begin (1) recreational, sport, and nonsport extracurricular activities and programs for the child
such as camps, clubs, activities, lessons, group outings, sports, or other activities and
programs;
new text end

new text begin (2) family activities, camps, and retreats that the whole family does together that provide
a break from the family's circumstances;
new text end

new text begin (3) cultural programs and activities for the child and family designed to address the
unique needs of individuals who share a common language or racial, ethnic, or social
background; and
new text end

new text begin (4) costs of transportation, food, supplies, and equipment directly associated with
approved respite care services and expenses necessary for the child and family to access
and participate in respite care services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 12.

new text begin [245.4903] CULTURAL AND ETHNIC MINORITY INFRASTRUCTURE
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish a
cultural and ethnic minority infrastructure grant program to ensure that mental health and
substance use disorder treatment supports and services are culturally specific and culturally
responsive to meet the cultural needs of the communities served.
new text end

new text begin Subd. 2. new text end

new text begin Eligible applicants. new text end

new text begin An eligible applicant is a licensed entity or provider from
a cultural or ethnic minority population who:
new text end

new text begin (1) provides mental health or substance use disorder treatment services and supports to
individuals from cultural and ethnic minority populations, including individuals who are
lesbian, gay, bisexual, transgender, or queer, from cultural and ethnic minority populations;
new text end

new text begin (2) provides or is qualified and has the capacity to provide clinical supervision and
support to members of culturally diverse and ethnic minority communities to qualify as
mental health and substance use disorder treatment providers; or
new text end

new text begin (3) has the capacity and experience to provide training for mental health and substance
use disorder treatment providers on cultural competency and cultural humility.
new text end

new text begin Subd. 3. new text end

new text begin Allowable grant activities. new text end

new text begin (a) The cultural and ethnic minority infrastructure
grant program grantees must engage in activities and provide supportive services to ensure
and increase equitable access to culturally specific and responsive care and to build
organizational and professional capacity for licensure and certification for the communities
served. Allowable grant activities include but are not limited to:
new text end

new text begin (1) workforce development activities focused on recruiting, supporting, training, and
supervision activities for mental health and substance use disorder practitioners and
professionals from diverse racial, cultural, and ethnic communities;
new text end

new text begin (2) supporting members of culturally diverse and ethnic minority communities to qualify
as mental health and substance use disorder professionals, practitioners, clinical supervisors,
recovery peer specialists, mental health certified peer specialists, and mental health certified
family peer specialists;
new text end

new text begin (3) culturally specific outreach, early intervention, trauma-informed services, and recovery
support in mental health and substance use disorder services;
new text end

new text begin (4) provision of trauma-informed, culturally responsive mental health and substance use
disorder supports and services for children and families, youth, or adults who are from
cultural and ethnic minority backgrounds and are uninsured or underinsured;
new text end

new text begin (5) mental health and substance use disorder service expansion and infrastructure
improvement activities, particularly in greater Minnesota;
new text end

new text begin (6) training for mental health and substance use disorder treatment providers on cultural
competency and cultural humility; and
new text end

new text begin (7) activities to increase the availability of culturally responsive mental health and
substance use disorder services for children and families, youth, or adults or to increase the
availability of substance use disorder services for individuals from cultural and ethnic
minorities in the state.
new text end

new text begin (b) The commissioner must assist grantees with meeting third-party credentialing
requirements, and grantees must obtain all available third-party reimbursement sources as
a condition of receiving grant funds. Grantees must serve individuals from cultural and
ethnic minority communities regardless of health coverage status or ability to pay.
new text end

new text begin Subd. 4. new text end

new text begin Data collection and outcomes. new text end

new text begin Grantees must provide regular data summaries
to the commissioner for purposes of evaluating the effectiveness of the cultural and ethnic
minority infrastructure grant program. The commissioner must use identified culturally
appropriate outcome measures instruments to evaluate outcomes and must evaluate program
activities by analyzing whether the program:
new text end

new text begin (1) increased access to culturally specific services for individuals from cultural and
ethnic minority communities across the state;
new text end

new text begin (2) increased number of individuals from cultural and ethnic minority communities
served by grantees;
new text end

new text begin (3) increased cultural responsiveness and cultural competency of mental health and
substance use disorder treatment providers;
new text end

new text begin (4) increased number of mental health and substance use disorder treatment providers
and clinical supervisors from cultural and ethnic minority communities;
new text end

new text begin (5) increased number of mental health and substance use disorder treatment organizations
owned, managed, or led by individuals who are Black, Indigenous, or people of color;
new text end

new text begin (6) reduced in health disparities through improved clinical and functional outcomes for
those accessing services; and
new text end

new text begin (7) led to an overall increase in culturally specific mental health and substance use
disorder service availability.
new text end

Sec. 13.

new text begin [245.4904] EMERGING MOOD DISORDER GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The emerging mood disorder grant program is established
in the Department of Human Services to fund:
new text end

new text begin (1) evidence-informed interventions for youth and young adults who are at risk of
developing a mood disorder or are experiencing an emerging mood disorder, including
major depression and bipolar disorders; and
new text end

new text begin (2) a public awareness campaign on the signs and symptoms of mood disorders in youth
and young adults.
new text end

new text begin (b) Emerging mood disorder services are eligible for children's mental health grants as
specified in section 245.4889, subdivision 1, paragraph (b), clause (18).
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin (a) All emerging mood disorder grant programs must:
new text end

new text begin (1) provide intensive treatment and support to adolescents and young adults experiencing
or at risk of experiencing an emerging mood disorder. Intensive treatment and support
includes medication management, psychoeducation for the individual and the individual's
family, case management, employment support, education support, cognitive behavioral
approaches, social skills training, peer support, crisis planning, and stress management;
new text end

new text begin (2) conduct outreach and provide training and guidance to mental health and health care
professionals, including postsecondary health clinicians, on early symptoms of mood
disorders, screening tools, and best practices;
new text end

new text begin (3) ensure access for individuals to emerging mood disorder services under this section,
including ensuring access for individuals who live in rural areas; and
new text end

new text begin (4) use all available funding streams.
new text end

new text begin (b) Grant money may also be used to pay for housing or travel expenses for individuals
receiving services or to address other barriers preventing individuals and their families from
participating in emerging mood disorder services.
new text end

new text begin (c) Grant money may be used by the grantee to evaluate the efficacy of providing
intensive services and supports to people with emerging mood disorders.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to youth and young adults with
early signs of an emerging mood disorder.
new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end

new text begin (1) whether individuals experience a reduction in mood disorder symptoms; and
new text end

new text begin (2) whether individuals experience a decrease in inpatient mental health hospitalizations.
new text end

Sec. 14.

new text begin [245.4905] FIRST EPISODE OF PSYCHOSIS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The first episode of psychosis grant program is established in
the Department of Human Services to fund 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. First episode of psychosis services are eligible for
children's mental health grants as specified in section 245.4889, subdivision 1, paragraph
(b), clause (15).
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin (a) All first episode of psychosis grant programs must:
new text end

new text begin (1) provide intensive treatment and support for adolescents and adults experiencing or
at risk of experiencing a first psychotic episode. Intensive treatment and support includes
medication management, psychoeducation for an individual and an individual's family, case
management, employment support, education support, cognitive behavioral approaches,
social skills training, peer support, crisis planning, and stress management;
new text end

new text begin (2) conduct outreach and provide training and guidance to mental health and health care
professionals, including postsecondary health clinicians, on early psychosis symptoms,
screening tools, and best practices;
new text end

new text begin (3) ensure access for individuals to first psychotic episode services under this section,
including access for individuals who live in rural areas; and
new text end

new text begin (4) use all available funding streams.
new text end

new text begin (b) Grant money may also be used to pay for housing or travel expenses for individuals
receiving services or to address other barriers preventing individuals and their families from
participating in first psychotic episode services.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people 15 to 40 years old
with early signs of psychosis.
new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end

new text begin (1) whether individuals experience a reduction in psychotic symptoms;
new text end

new text begin (2) whether individuals experience a decrease in inpatient mental health hospitalizations;
and
new text end

new text begin (3) whether individuals experience an increase in educational attainment.
new text end

new text begin Subd. 5. new text end

new text begin Federal aid or grants. new text end

new text begin The commissioner of human services must comply with
all conditions and requirements necessary to receive federal aid or grants.
new text end

Sec. 15.

Minnesota Statutes 2020, section 245.713, subdivision 2, is amended to read:


Subd. 2.

Total funds available; allocation.

Funds granted to the state by the federal
government under United States Code, title 42, sections 300X to 300X-9 each federal fiscal
year for mental health services must be allocated as follows:

(a) Any amount set aside by the commissioner of human services for American Indian
organizations within the state, which funds shall not duplicate any direct federal funding of
American Indian organizations and which funds shall be at least 25 percent of the total
federal allocation to the state for mental health servicesdeleted text begin; provided that sufficient applications
for funding are received by the commissioner which meet the specifications contained in
requests for proposals
deleted text end. Money from this source may be used for special committees to advise
the commissioner on mental health programs and services for American Indians and other
minorities or underserved groups. For purposes of this subdivision, "American Indian
organization" means an American Indian tribe or band or an organization providing mental
health services that is legally incorporated as a nonprofit organization registered with the
secretary of state and governed by a board of directors having at least a majority of American
Indian directors.

(b) An amount not to exceed five percent of the federal block grant allocation for mental
health services to be retained by the commissioner for administration.

(c) Any amount permitted under federal law which the commissioner approves for
demonstration or research projects for severely disturbed children and adolescents, the
underserved, special populations or multiply disabled mentally ill persons. The groups to
be served, the extent and nature of services to be provided, the amount and duration of any
grant awards are to be based on criteria set forth in the Alcohol, Drug Abuse and Mental
Health Block Grant Law, United States Code, title 42, sections 300X to 300X-9, and on
state policies and procedures determined necessary by the commissioner. Grant recipients
must comply with applicable state and federal requirements and demonstrate fiscal and
program management capabilities that will result in provision of quality, cost-effective
services.

(d) The amount required under federal law, for federally mandated expenditures.

(e) An amount not to exceed 15 percent of the federal block grant allocation for mental
health services to be retained by the commissioner for planning and evaluation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 16.

new text begin [245.991] PROJECTS FOR ASSISTANCE IN TRANSITION FROM
HOMELESSNESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The projects for assistance in transition from homelessness
program is established in the Department of Human Services to prevent or end homelessness
for people with serious mental illness and substance use disorders and ensure the
commissioner may achieve the goals of the housing mission statement in section 245.461,
subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin All projects for assistance in transition from homelessness must
provide homeless outreach and case management services. Projects may provide clinical
assessment, habilitation and rehabilitation services, community mental health services,
substance use disorder treatment, housing transition and sustaining services, direct assistance
funding, and other activities as determined by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people with serious mental
illness or a substance use disorder who meet homeless criteria determined by the
commissioner. People receiving homeless outreach may be presumed eligible until a serious
mental illness or a substance use disorder can be verified.
new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of each project must include the following outcome
evaluation criteria:
new text end

new text begin (1) whether people are contacted through homeless outreach services;
new text end

new text begin (2) whether people are enrolled in case management services;
new text end

new text begin (3) whether people access behavioral health services; and
new text end

new text begin (4) whether people transition from homelessness to housing.
new text end

new text begin Subd. 5. new text end

new text begin Federal aid or grants. new text end

new text begin The commissioner of human services must comply with
all conditions and requirements necessary to receive federal aid or grants with respect to
homeless services or programs as specified in section 245.70.
new text end

Sec. 17.

new text begin [245.992] HOUSING WITH SUPPORT FOR BEHAVIORAL HEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The housing with support for behavioral health program is
established in the Department of Human Services to prevent or end homelessness for people
with serious mental illness and substance use disorders, increase the availability of housing
with support, and ensure the commissioner may achieve the goals of the housing mission
statement in section 245.461, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Activities. new text end

new text begin The housing with support for behavioral health program may provide
a range of activities and supportive services to ensure that people obtain and retain permanent
supportive housing. Program activities may include case management, site-based housing
services, housing transition and sustaining services, outreach services, community support
services, direct assistance funding, and other activities as determined by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Program activities must be provided to people with a serious mental
illness or a substance use disorder who meet homeless criteria determined by the
commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Outcomes. new text end

new text begin Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end

new text begin (1) whether housing and activities utilize evidence-based practices;
new text end

new text begin (2) whether people transition from homelessness to housing;
new text end

new text begin (3) whether people retain housing; and
new text end

new text begin (4) whether people are satisfied with their current housing.
new text end

Sec. 18.

Minnesota Statutes 2021 Supplement, section 245A.043, subdivision 3, is amended
to read:


Subd. 3.

Change of ownership process.

(a) When a change in ownership is proposed
and the party intends to assume operation without an interruption in service longer than 60
days after acquiring the program or service, the license holder must provide the commissioner
with written notice of the proposed change on a form provided by the commissioner at least
60 days before the anticipated date of the change in ownership. For purposes of this
subdivision and subdivision 4, "party" means the party that intends to operate the service
or program.

(b) The party must submit a license application under this chapter on the form and in
the manner prescribed by the commissioner at least 30 days before the change in ownership
is complete, and must include documentation to support the upcoming change. The party
must comply with background study requirements under chapter 245C and shall pay the
application fee required under section 245A.10. A party that intends to assume operation
without an interruption in service longer than 60 days after acquiring the program or service
is exempt from the requirements of sections 245G.03, subdivision 2, paragraph (b), and
254B.03, subdivision 2, paragraphs deleted text begin(d)deleted text endnew text begin (c)new text end and deleted text begin(e)deleted text endnew text begin (d)new text end.

(c) The commissioner may streamline application procedures when the party is an existing
license holder under this chapter and is acquiring a program licensed under this chapter or
service in the same service class as one or more licensed programs or services the party
operates and those licenses are in substantial compliance. For purposes of this subdivision,
"substantial compliance" means within the previous 12 months the commissioner did not
(1) issue a sanction under section 245A.07 against a license held by the party, or (2) make
a license held by the party conditional according to section 245A.06.

(d) Except when a temporary change in ownership license is issued pursuant to
subdivision 4, the existing license holder is solely responsible for operating the program
according to applicable laws and rules until a license under this chapter is issued to the
party.

(e) If a licensing inspection of the program or service was conducted within the previous
12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner (1) proof that the premises was inspected by a fire marshal or that the fire
marshal deemed that an inspection was not warranted, and (2) proof that the premises was
inspected for compliance with the building code or that no inspection was deemed warranted.

(f) If the party is seeking a license for a program or service that has an outstanding action
under section 245A.06 or 245A.07, the party must submit a letter as part of the application
process identifying how the party has or will come into full compliance with the licensing
requirements.

(g) The commissioner shall evaluate the party's application according to section 245A.04,
subdivision 6. If the commissioner determines that the party has remedied or demonstrates
the ability to remedy the outstanding actions under section 245A.06 or 245A.07 and has
determined that the program otherwise complies with all applicable laws and rules, the
commissioner shall issue a license or conditional license under this chapter. The conditional
license remains in effect until the commissioner determines that the grounds for the action
are corrected or no longer exist.

(h) The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.

(i) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.

Sec. 19.

new text begin [245A.26] CHILDREN'S RESIDENTIAL FACILITY CRISIS
STABILIZATION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Clinical trainee" means a staff person who is qualified under section 245I.04,
subdivision 6.
new text end

new text begin (c) "License holder" means an individual, organization, or government entity that was
issued a license by the commissioner of human services under this chapter for residential
mental health treatment for children with emotional disturbance according to Minnesota
Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter care services
according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510 to 2960.0530.
new text end

new text begin (d) "Mental health professional" means an individual who is qualified under section
245I.04, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Scope and applicability. new text end

new text begin (a) This section establishes additional licensing
requirements for a children's residential facility to provide children's residential crisis
stabilization services to a child who is experiencing a mental health crisis and is in need of
residential treatment services.
new text end

new text begin (b) A children's residential facility may provide residential crisis stabilization services
only if the facility is licensed to provide:
new text end

new text begin (1) residential mental health treatment for children with emotional disturbance according
to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700; or
new text end

new text begin (2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120
and 2960.0510 to 2960.0530.
new text end

new text begin (c) If a child receives residential crisis stabilization services for 35 days or fewer in a
facility licensed according to paragraph (b), clause (1), the facility is not required to complete
a diagnostic assessment or treatment plan under Minnesota Rules, part 2960.0180, subpart
2, and part 2960.0600.
new text end

new text begin (d) If a child receives residential crisis stabilization services for 35 days or fewer in a
facility licensed according to paragraph (b), clause (2), the facility is not required to develop
a plan for meeting the child's immediate needs under Minnesota Rules, part 2960.0520,
subpart 3.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility for services. new text end

new text begin An individual is eligible for children's residential crisis
stabilization services if the individual is under 19 years of age and meets the eligibility
criteria for crisis services under section 256B.0624, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Required services; providers. new text end

new text begin (a) A license holder providing residential crisis
stabilization services must continually follow a child's individual crisis treatment plan to
improve the child's functioning.
new text end

new text begin (b) The license holder must offer and have the capacity to directly provide the following
treatment services to a child:
new text end

new text begin (1) crisis stabilization services as described in section 256B.0624, subdivision 7;
new text end

new text begin (2) mental health services as specified in the child's individual crisis treatment plan,
according to the child's treatment needs;
new text end

new text begin (3) health services and medication administration, if applicable; and
new text end

new text begin (4) referrals for the child to community-based treatment providers and support services
for the child's transition from residential crisis stabilization to another treatment setting.
new text end

new text begin (c) Children's residential crisis stabilization services must be provided by a qualified
staff person listed in section 256B.0624, subdivision 8, according to the scope of practice
for the individual staff person's position.
new text end

new text begin Subd. 5. new text end

new text begin Assessment and treatment planning. new text end

new text begin (a) Within 24 hours of a child's admission
for residential crisis stabilization, the license holder must assess the child and document the
child's immediate needs, including the child's:
new text end

new text begin (1) health and safety, including the need for crisis assistance; and
new text end

new text begin (2) need for connection to family and other natural supports.
new text end

new text begin (b) Within 24 hours of a child's admission for residential crisis stabilization, the license
holder must complete a crisis treatment plan for the child, according to the requirements
for a crisis treatment plan under section 256B.0624, subdivision 11. The license holder must
base the child's crisis treatment plan on the child's referral information and the assessment
of the child's immediate needs under paragraph (a). A mental health professional or a clinical
trainee under the supervision of a mental health professional must complete the crisis
treatment plan. A crisis treatment plan completed by a clinical trainee must contain
documentation of approval, as defined in section 245I.02, subdivision 2, by a mental health
professional within five business days of initial completion by the clinical trainee.
new text end

new text begin (c) A mental health professional must review a child's crisis treatment plan each week
and document the weekly reviews in the child's client file.
new text end

new text begin (d) For a client receiving children's residential crisis stabilization services who is 18
years of age or older, the license holder must complete an individual abuse prevention plan
for the client, pursuant to section 245A.65, subdivision 2, as part of the client's crisis
treatment plan.
new text end

new text begin Subd. 6. new text end

new text begin Staffing requirements. new text end

new text begin Staff members of facilities providing services under
this section must have access to a mental health professional or clinical trainee within 30
minutes, either in person or by telephone. The license holder must maintain a current schedule
of available mental health professionals or clinical trainees and include contact information
for each mental health professional or clinical trainee. The schedule must be readily available
to all staff members.
new text end

Sec. 20.

Minnesota Statutes 2020, section 245F.03, is amended to read:


245F.03 APPLICATION.

(a) This chapter establishes minimum standards for withdrawal management programs
licensed by the commissioner that serve one or more unrelated persons.

(b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.

deleted text begin (c) Minnesota Rules, parts 9530.6600 to 9530.6655, do not apply to withdrawal
management programs licensed under this chapter.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 21.

Minnesota Statutes 2020, section 245G.05, subdivision 2, is amended to read:


Subd. 2.

Assessment summary.

(a) An alcohol and drug counselor must complete an
assessment summary within three calendar days from the day of service initiation for a
residential program and within three calendar days on which a treatment session has been
provided from the day of service initiation for a client in a nonresidential program. The
comprehensive assessment summary is complete upon a qualified staff member's dated
signature. If the comprehensive assessment is used to authorize the treatment service, the
alcohol and drug counselor must prepare an assessment summary on the same date the
comprehensive assessment is completed. If the comprehensive assessment and assessment
summary are to authorize treatment services, the assessor must determine appropriatenew text begin level
of care and
new text end services for the client using the deleted text begindimensions in Minnesota Rules, part 9530.6622deleted text endnew text begin
criteria established in section 254B.04, subdivision 4
new text end, and document the recommendations.

(b) An assessment summary must include:

(1) a risk description according to section 245G.05 for each dimension listed in paragraph
(c);

(2) a narrative summary supporting the risk descriptions; and

(3) a determination of whether the client has a substance use disorder.

(c) An assessment summary must contain information relevant to treatment service
planning and recorded in the dimensions in clauses (1) to (6). The license holder must
consider:

(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with
withdrawal symptoms and current state of intoxication;

(2) Dimension 2, biomedical conditions and complications; the degree to which any
physical disorder of the client would interfere with treatment for substance use, and the
client's ability to tolerate any related discomfort. The license holder must determine the
impact of continued substance use on the unborn child, if the client is pregnant;

(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications;
the degree to which any condition or complication is likely to interfere with treatment for
substance use or with functioning in significant life areas and the likelihood of harm to self
or others;

(4) Dimension 4, readiness for change; the support necessary to keep the client involved
in treatment service;

(5) Dimension 5, relapse, continued use, and continued problem potential; the degree
to which the client recognizes relapse issues and has the skills to prevent relapse of either
substance use or mental health problems; and

(6) Dimension 6, recovery environment; whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 22.

Minnesota Statutes 2020, section 245G.22, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.

(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.

(d) "Medical director" means a practitioner licensed to practice medicine in the
jurisdiction that the opioid treatment program is located who assumes responsibility for
administering all medical services performed by the program, either by performing the
services directly or by delegating specific responsibility to a practitioner of the opioid
treatment program.

(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.

(f) "Minnesota health care programs" has the meaning given in section 256B.0636.

(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.

deleted text begin (h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605,
subpart 21a.
deleted text end

deleted text begin (i)deleted text endnew text begin (h)new text end "Practitioner" means a staff member holding a current, unrestricted license to
practice medicine issued by the Board of Medical Practice or nursing issued by the Board
of Nursing and is currently registered with the Drug Enforcement Administration to order
or dispense controlled substances in Schedules II to V under the Controlled Substances Act,
United States Code, title 21, part B, section 821. Practitioner includes an advanced practice
registered nurse and physician assistant if the staff member receives a variance by the state
opioid treatment authority under section 254A.03 and the federal Substance Abuse and
Mental Health Services Administration.

deleted text begin (j)deleted text endnew text begin (i)new text end "Unsupervised use" means the use of a medication for the treatment of opioid use
disorder dispensed for use by a client outside of the program setting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 23.

Minnesota Statutes 2020, section 245G.22, subdivision 15, is amended to read:


Subd. 15.

Nonmedication treatment services; documentation.

deleted text begin (a) The program must
offer at least 50 consecutive minutes of individual or group therapy treatment services as
defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first
ten weeks following the day of service initiation, and at least 50 consecutive minutes per
month thereafter. As clinically appropriate, the program may offer these services cumulatively
and not consecutively in increments of no less than 15 minutes over the required time period,
and for a total of 60 minutes of treatment services over the time period, and must document
the reason for providing services cumulatively in the client's record. The program may offer
additional levels of service when deemed clinically necessary.
deleted text end

new text begin (a) The program must meet the requirements in section 245G.07, subdivision 1, paragraph
(a), and must document each occurrence when the program offered the client an individual
or group counseling service. If the program offered an individual or group counseling service
but did not provide the service to the client, the program must document the reason the
service was not provided. If the service is provided, the program must ensure that the staff
member who provides the treatment service documents in the client record the date, type,
and amount of the treatment service and the client's response to the treatment service within
seven days of providing the treatment service.
new text end

(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
the assessment must be completed within 21 days from the day of service initiation.

(c) Notwithstanding the requirements of individual treatment plans set forth in section
245G.06:

(1) treatment plan contents for a maintenance client are not required to include goals
the client must reach to complete treatment and have services terminated;

(2) treatment plans for a client in a taper or detox status must include goals the client
must reach to complete treatment and have services terminated; and

(3) for the ten weeks following the day of service initiation for all new admissions,
readmissions, and transfers, a weekly treatment plan review must be documented once the
treatment plan is completed. Subsequently, the counselor must document treatment plan
reviews in the six dimensions at least once monthly or, when clinical need warrants, more
frequently.

Sec. 24.

Minnesota Statutes 2021 Supplement, section 245I.23, is amended by adding a
subdivision to read:


new text begin Subd. 19a. new text end

new text begin Additional requirements for locked program facility. new text end

new text begin (a) A license holder
that prohibits clients from leaving the facility by locking exit doors or other permissible
methods must meet the additional requirements of this subdivision.
new text end

new text begin (b) The license holder must meet all applicable building and fire codes to operate a
building with locked exit doors. The license holder must have the appropriate license from
the Department of Health, as determined by the Department of Health, for operating a
program with locked exit doors.
new text end

new text begin (c) The license holder's policies and procedures must clearly describe the types of court
orders that authorize the license holder to prohibit clients from leaving the facility.
new text end

new text begin (d) For each client present in the facility under a court order, the license holder must
maintain documentation of the court order authorizing the license holder to prohibit the
client from leaving the facility.
new text end

new text begin (e) Upon a client's admission to a locked program facility, the license holder must
document in the client file that the client was informed:
new text end

new text begin (1) that the client has the right to leave the facility according to the client's rights under
section 144.651, subdivision 12, if the client is not subject to a court order authorizing the
license holder to prohibit the client from leaving the facility; or
new text end

new text begin (2) that the client cannot leave the facility due to a court order authorizing the license
holder to prohibit the client from leaving the facility.
new text end

new text begin (f) If the license holder prohibits a client from leaving the facility, the client's treatment
plan must reflect this restriction.
new text end

Sec. 25.

Minnesota Statutes 2021 Supplement, section 254A.03, subdivision 3, is amended
to read:


Subd. 3.

Rules for substance use disorder care.

(a) deleted text beginThe 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,
deleted text end An eligible vendor of
comprehensive assessments under section 254B.05 may determine deleted text beginand approvedeleted text end the
appropriate level of substance use disorder treatment for a recipient of public assistance.
deleted text begin The process for determining an individual's financial eligibility for the behavioral health
deleted text enddeleted text begin fund or determining an individual's enrollment in or eligibility for a publicly subsidized
deleted text enddeleted text begin health plan is not affected by the individual's choice to access a comprehensive assessment
deleted text enddeleted text begin for placement.
deleted text end

(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.

(c) If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.05, subdivision 5. The initial set of services approved for a recipient whose
screen result is positive may include any combination of up to four hours of individual or
group substance use disorder treatment, two hours of substance use disorder treatment
coordination, or two hours of substance use disorder peer support services provided by a
qualified individual according to chapter 245G. A recipient must obtain an assessment
pursuant to paragraph (a) to be approved for additional treatment services. deleted text beginMinnesota Rules,
parts 9530.6600 to 9530.6655, and
deleted text end A comprehensive assessment pursuant to section 245G.05
deleted text begin are not applicabledeleted text endnew text begin is not requirednew text end tonew text begin receivenew text end the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.

(d) deleted text beginNotwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3
deleted text begin, paragraph (d)deleted text end. If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations. deleted text beginThis paragraph expires July
1, 2022.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 26.

Minnesota Statutes 2020, section 254A.19, subdivision 1, is amended to read:


Subdivision 1.

Persons arrested outside of deleted text beginhome countydeleted text end new text begincounty of residencenew text end.

When
a chemical use assessment is required deleted text beginunder Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end
for a person who is arrested and taken into custody by a peace officer outside of the person's
county of residence, the deleted text beginassessment must be completed by the person's county of residence
no later than three weeks after the assessment is initially requested. If the assessment is not
performed within this time limit, the county where the person is to be sentenced shall perform
the assessment
deleted text endnew text begin county where the person is detained must facilitate access to an assessor
qualified under subdivision 3
new text end. The county of financial responsibility is determined under
chapter 256G.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 27.

Minnesota Statutes 2020, section 254A.19, subdivision 3, is amended to read:


Subd. 3.

deleted text beginFinancial conflicts of interestdeleted text endnew text begin Comprehensive assessmentsnew text end.

deleted text begin (a) Except as
provided in paragraph (b), (c), or (d), an assessor conducting a chemical use assessment
under Minnesota Rules, parts 9530.6600 to 9530.6655, may not have any direct or shared
financial interest or referral relationship resulting in shared financial gain with a treatment
provider.
deleted text end

deleted text begin (b) A county may contract with an assessor having a conflict described in paragraph (a)
if the county documents that:
deleted text end

deleted text begin (1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
deleted text end

deleted text begin (2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a
referral relationship resulting in shared financial gain with a treatment provider; or
deleted text end

deleted text begin (3) the county social service agency has an existing relationship with an assessor or
service provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's contract, provided
the county retains responsibility for making placement decisions.
deleted text end

deleted text begin (c) The county may contract with a hospital to conduct chemical assessments if the
requirements in subdivision 1a are met.
deleted text end

deleted text begin An assessor under this paragraph may not place clients in treatment. The assessor shall
gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph.
deleted text end

deleted text begin (d)deleted text end An eligible vendor under section 254B.05 conducting a comprehensive assessment
for an individual seeking treatment shall approve the nature, intensity level, and duration
of treatment service if a need for services is indicated, but the individual assessed can access
any enrolled provider that is licensed to provide the level of service authorized, including
the provider or program that completed the assessment. If an individual is enrolled in a
prepaid health plan, the individual must comply with any provider network requirements
or limitations. new text beginAn eligible vendor of a comprehensive assessment must provide information,
in a format provided by the commissioner, on medical assistance and the behavioral health
fund to individuals seeking an assessment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 28.

Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 4, is amended
to read:


Subd. 4.

Civil commitments.

deleted text beginA Rule 25 assessment, under Minnesota Rules, part
9530.6615,
deleted text endnew text begin For the purposes of determining level of care, a comprehensive assessmentnew text end does
not need to be completed for an individual being committed as a chemically dependent
person, as defined in section 253B.02, and for the duration of a civil commitment under
section deleted text begin253B.065,deleted text end 253B.09deleted text begin,deleted text end or 253B.095 in order for a county to access the behavioral
health fund under section 254B.04. The county must determine if the individual meets the
financial eligibility requirements for the behavioral health fund under section 254B.04.
deleted text begin Nothing in this subdivision prohibits placement in a treatment facility or treatment program
governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 29.

Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Assessments for detoxification programs. new text end

new text begin For detoxification programs licensed
under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a
"chemical use assessment" means a comprehensive assessment and assessment summary
completed according to section 245G.05 and a "chemical dependency assessor" or "assessor"
means an individual who meets the qualifications of section 245G.11, subdivisions 1 and
5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 30.

Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Assessments for children's residential facilities. new text end

new text begin For children's residential
facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to
2960.0220 and 2960.0430 to 2960.0490, a "chemical use assessment" means a comprehensive
assessment and assessment summary completed according to section 245G.05 by an
individual who meets the qualifications of section 245G.11, subdivisions 1 and 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 31.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Behavioral health fund. new text end

new text begin "Behavioral health fund" means money allocated
for payment of treatment services under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 32.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Client. new text end

new text begin "Client" means an individual who has requested substance use disorder
services, or for whom substance use disorder services have been requested.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 33.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2c. new text end

new text begin Co-payment. new text end

new text begin "Co-payment" means the amount an insured person is obligated
to pay before the person's third-party payment source is obligated to make a payment, or
the amount an insured person is obligated to pay in addition to the amount the person's
third-party payment source is obligated to pay.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 34.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 4c. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Human Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 35.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 4d. new text end

new text begin Drug and alcohol abuse normative evaluation system or DAANES. new text end

new text begin "Drug
and alcohol abuse normative evaluation system" or "DAANES" means the reporting system
used to collect substance use disorder treatment data across all levels of care and providers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 36.

Minnesota Statutes 2020, section 254B.01, subdivision 5, is amended to read:


Subd. 5.

Local agency.

"Local agency" means the agency designated by a board of
county commissioners, a local social services agency, or a human services board deleted text beginto make
placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to
20
deleted text endnew text begin authorized under section 254B.03, subdivision 1, to determine financial eligibility for
the behavioral health fund
new text end.

Sec. 37.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Minor child. new text end

new text begin "Minor child" means an individual under the age of 18 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 38.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 6b. new text end

new text begin Policy holder. new text end

new text begin "Policy holder" means a person who has a third-party payment
policy under which a third-party payment source has an obligation to pay all or part of a
client's treatment costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 39.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Responsible relative. new text end

new text begin "Responsible relative" means a person who is a member
of the client's household and is a client's spouse or the parent of a minor child who is a
client.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 40.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Third-party payment source. new text end

new text begin "Third-party payment source" means a person,
entity, or public or private agency other than medical assistance or general assistance medical
care that has a probable obligation to pay all or part of the costs of a client's substance use
disorder treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 41.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Vendor. new text end

new text begin "Vendor" means a provider of substance use disorder treatment
services that meets the criteria established in section 254B.05 and that has applied to
participate as a provider in the medical assistance program according to Minnesota Rules,
part 9505.0195.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 42.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin American Society of Addiction Medicine criteria or ASAM
criteria.
new text end

new text begin "American Society of Addiction Medicine criteria" or "ASAM criteria" means the
clinical guidelines for purposes of the assessment, treatment, placement, and transfer or
discharge of individuals with substance use disorders. The ASAM criteria are contained in
the current edition of the ASAM Criteria: Treatment Criteria for Addictive,
Substance-Related, and Co-Occurring Conditions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 43.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Skilled treatment services. new text end

new text begin "Skilled treatment services" means the "treatment
services" described by section 245G.07, subdivisions 1, paragraph (a), clauses (1) to (4);
and 2, clauses (1) to (6). Skilled treatment services must be provided by qualified
professionals as identified in section 245G.07, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 44.

Minnesota Statutes 2020, section 254B.03, subdivision 1, is amended to read:


Subdivision 1.

Local agency duties.

(a) Every local agency deleted text beginshalldeleted text endnew text begin must determine financial
eligibility for substance use disorder services and
new text end provide deleted text beginchemical dependencydeleted text endnew text begin substance
use disorder
new text end services to persons residing within its jurisdiction who meet criteria established
by the commissioner deleted text beginfor placement in a chemical dependency residential or nonresidential
treatment service
deleted text end. Chemical dependency money must be administered by the local agencies
according to law and rules adopted by the commissioner under sections 14.001 to 14.69.

(b) In order to contain costs, the commissioner of human services shall select eligible
vendors of chemical dependency services who can provide economical and appropriate
treatment. Unless the local agency is a social services department directly administered by
a county or human services board, the local agency shall not be an eligible vendor under
section 254B.05. The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure that
necessary services are provided. If a county implements a demonstration or experimental
medical services funding plan, the commissioner shall transfer the money as appropriate.

deleted text begin (c) A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to persons
not covered by the variance.
deleted text end

deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin(c) new text endAn individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3
deleted text begin, paragraph (d)deleted text end. If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations.

deleted text begin (e)deleted text endnew text begin (d)new text end Beginning July 1, 2022, local agencies shall not make placement location
determinations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 45.

Minnesota Statutes 2021 Supplement, section 254B.03, subdivision 2, is amended
to read:


Subd. 2.

Behavioral health fund payment.

(a) Payment from the behavioral health
fund is limited to payments for services identified in section 254B.05, other than
detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, and
detoxification provided in another state that would be required to be licensed as a chemical
dependency program if the program were in the state. Out of state vendors must also provide
the commissioner with assurances that the program complies substantially with state licensing
requirements and possesses all licenses and certifications required by the host state to provide
chemical dependency treatment. Vendors receiving payments from the behavioral health
fund must not require co-payment from a recipient of benefits for services provided under
this subdivision. The vendor is prohibited from using the client's public benefits to offset
the cost of services paid under this section. The vendor shall not require the client to use
public benefits for room or board costs. This includes but is not limited to cash assistance
benefits under chapters 119B, 256D, and 256J, or SNAP benefits. Retention of SNAP
benefits is a right of a client receiving services through the behavioral health fund or through
state contracted managed care entities. Payment from the behavioral health fund shall be
made for necessary room and board costs provided by vendors meeting the criteria under
section 254B.05, subdivision 1a, or in a community hospital licensed by the commissioner
of health according to sections 144.50 to 144.56 to a client who is:

(1) determined to meet the criteria for placement in a residential chemical dependency
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a chemical dependency treatment service in a program licensed
by the commissioner and reimbursed by the behavioral health fund.

deleted text begin (b) A county may, from its own resources, provide chemical dependency services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for chemical dependency services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The commissioner shall coordinate chemical dependency services and determine
whether there is a need for any proposed expansion of chemical dependency treatment
services. The commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services.

deleted text begin (d)deleted text endnew text begin (c)new text end At least 60 days prior to submitting an application for new licensure under chapter
245G, the applicant must notify the county human services director in writing of the
applicant's intent to open a new treatment program. The written notification must include,
at a minimum:

(1) a description of the proposed treatment program; and

(2) a description of the target population to be served by the treatment program.

deleted text begin (e)deleted text endnew text begin (d)new text end The county human services director may submit a written statement to the
commissioner, within 60 days of receiving notice from the applicant, regarding the county's
support of or opposition to the opening of the new treatment program. The written statement
must include documentation of the rationale for the county's determination. The commissioner
shall consider the county's written statement when determining whether there is a need for
the treatment program as required by paragraph deleted text begin(c)deleted text endnew text begin (b)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 46.

Minnesota Statutes 2020, section 254B.03, subdivision 4, is amended to read:


Subd. 4.

Division of costs.

(a) Except for services provided by a county under section
254B.09, subdivision 1, or services provided under section 256B.69, the county shall, out
of local money, pay the state for 22.95 percent of the cost of chemical dependency services,
except for those services provided to persons enrolled in medical assistance under chapter
256B and room and board services under section 254B.05, subdivision 5, paragraph (b),
clause deleted text begin(12)deleted text endnew text begin (11)new text end. Counties may use the indigent hospitalization levy for treatment and hospital
payments made under this section.

(b) 22.95 percent of any state collections from private or third-party pay, less 15 percent
for the cost of payment and collections, must be distributed to the county that paid for a
portion of the treatment under this section.

Sec. 47.

Minnesota Statutes 2020, section 254B.03, subdivision 5, is amended to read:


Subd. 5.

Rules; appeal.

The commissioner shall adopt rules as necessary to implement
this chapter. deleted text beginThe commissioner shall establish an appeals process for use by recipients when
services certified by the county are disputed. The commissioner shall adopt rules and
standards for the appeal process to assure adequate redress for persons referred to
inappropriate services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 48.

Minnesota Statutes 2021 Supplement, section 254B.04, subdivision 1, is amended
to read:


Subdivision 1.

new text beginClient new text endeligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4
, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.

(b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county shall
pay for out-of-home placement costs, if applicable.

(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
deleted text begin (12)deleted text endnew text begin (11)new text end.

new text begin (d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund if:
new text end

new text begin (1) the client is eligible for MFIP as determined under chapter 256J;
new text end

new text begin (2) the client is eligible for medical assistance as determined under Minnesota Rules,
parts 9505.0010 to 9505.0150;
new text end

new text begin (3) the client is eligible for general assistance, general assistance medical care, or work
readiness as determined under Minnesota Rules, parts 9500.1200 to 9500.1272; or
new text end

new text begin (4) the client's income is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
new text end

new text begin (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
new text end

new text begin (f) A client is ineligible to have substance use disorder treatment services paid for by
the behavioral health fund if the client:
new text end

new text begin (1) has an income that exceeds current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7; or
new text end

new text begin (2) has an available third-party payment source that will pay the total cost of the client's
treatment.
new text end

new text begin (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service paid for by the behavioral health fund until the
treatment episode is completed or the client is re-enrolled in a state prepaid health plan if
the client:
new text end

new text begin (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
new text end

new text begin (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
agency under this section.
new text end

new text begin (h) If a county commits a client under chapter 253B to a regional treatment center for
substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for payment to the regional treatment center according to section
254B.05, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 49.

Minnesota Statutes 2020, section 254B.04, subdivision 2a, is amended to read:


Subd. 2a.

Eligibility for deleted text begintreatment in residential settingsdeleted text endnew text begin room and board services
for persons in outpatient substance use disorder treatment
new text end.

deleted text beginNotwithstanding provisions
of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's discretion in
making placements to residential treatment settings,
deleted text end A person eligible fornew text begin room and boardnew text end
services under deleted text beginthisdeleted text end sectionnew text begin 254B.05, subdivision 5, paragraph (b), clause (12),new text end must score
at level 4 on assessment dimensions related tonew text begin readiness to change,new text end relapse, continued use,
or recovery environment deleted text beginin orderdeleted text end to be assigned to services with a room and board component
reimbursed under this section. Whether a treatment facility has been designated an institution
for mental diseases under United States Code, title 42, section 1396d, shall not be a factor
in making placements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 50.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Assessment criteria and risk descriptions. new text end

new text begin (a) The level of care determination
must follow criteria approved by the commissioner.
new text end

new text begin (b) Dimension 1: the vendor must use the criteria in Dimension 1 to determine a client's
acute intoxication and withdrawal potential.
new text end

new text begin (1) "0" The client displays full functioning with good ability to tolerate and cope with
withdrawal discomfort. The client displays no signs or symptoms of intoxication or
withdrawal or diminishing signs or symptoms.
new text end

new text begin (2) "1" The client can tolerate and cope with withdrawal discomfort. The client displays
mild to moderate intoxication or signs and symptoms interfering with daily functioning but
does not immediately endanger self or others. The client poses minimal risk of severe
withdrawal.
new text end

new text begin (3) "2" The client has some difficulty tolerating and coping with withdrawal discomfort.
The client's intoxication may be severe, but the client responds to support and treatment
such that the client does not immediately endanger self or others. The client displays moderate
signs and symptoms with moderate risk of severe withdrawal.
new text end

new text begin (4) "3" The client tolerates and copes with withdrawal discomfort poorly. The client has
severe intoxication, such that the client endangers self or others, or has intoxication that has
not abated with less intensive services. The client displays severe signs and symptoms, risk
of severe but manageable withdrawal, or worsening withdrawal despite detoxification at a
less intensive level.
new text end

new text begin (5) "4" The client is incapacitated with severe signs and symptoms. The client displays
severe withdrawal and is a danger to self or others.
new text end

new text begin (c) Dimension 2: the vendor must use the criteria in Dimension 2 to determine a client's
biomedical conditions and complications.
new text end

new text begin (1) "0" The client displays full functioning with good ability to cope with physical
discomfort.
new text end

new text begin (2) "1" The client tolerates and copes with physical discomfort and is able to get the
services that the client needs.
new text end

new text begin (3) "2" The client has difficulty tolerating and coping with physical problems or has
other biomedical problems that interfere with recovery and treatment. The client neglects
or does not seek care for serious biomedical problems.
new text end

new text begin (4) "3" The client tolerates and copes poorly with physical problems or has poor general
health. The client neglects the client's medical problems without active assistance.
new text end

new text begin (5) "4" The client is unable to participate in substance use disorder treatment and has
severe medical problems, has a condition that requires immediate intervention, or is
incapacitated.
new text end

new text begin (d) Dimension 3: the vendor must use the criteria in Dimension 3 to determine a client's
emotional, behavioral, and cognitive conditions and complications.
new text end

new text begin (1) "0" The client has good impulse control and coping skills and presents no risk of
harm to self or others. The client functions in all life areas and displays no emotional,
behavioral, or cognitive problems or the problems are stable.
new text end

new text begin (2) "1" The client has impulse control and coping skills. The client presents a mild to
moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or
cognitive problems. The client has a mental health diagnosis and is stable. The client
functions adequately in significant life areas.
new text end

new text begin (3) "2" The client has difficulty with impulse control and lacks coping skills. The client
has thoughts of suicide or harm to others without means; however, the thoughts may interfere
with participation in some activities. The client has difficulty functioning in significant life
areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems.
The client is able to participate in most treatment activities.
new text end

new text begin (4) "3" The client has a severe lack of impulse control and coping skills. The client also
has frequent thoughts of suicide or harm to others, including a plan and the means to carry
out the plan. In addition, the client is severely impaired in significant life areas and has
severe symptoms of emotional, behavioral, or cognitive problems that interfere with the
client's participation in treatment activities.
new text end

new text begin (5) "4" The client has severe emotional or behavioral symptoms that place the client or
others at acute risk of harm. The client also has intrusive thoughts of harming self or others.
The client is unable to participate in treatment activities.
new text end

new text begin (e) Dimension 4: the vendor must use the criteria in Dimension 4 to determine a client's
readiness for change.
new text end

new text begin (1) "0" The client admits to problems and is cooperative, motivated, ready to change,
committed to change, and engaged in treatment as a responsible participant.
new text end

new text begin (2) "1" The client is motivated with active reinforcement to explore treatment and
strategies for change but ambivalent about the client's illness or need for change.
new text end

new text begin (3) "2" The client displays verbal compliance but lacks consistent behaviors, has low
motivation for change, and is passively involved in treatment.
new text end

new text begin (4) "3" The client displays inconsistent compliance, has minimal awareness of either
the client's addiction or mental disorder, and is minimally cooperative.
new text end

new text begin (5) "4" The client is:
new text end

new text begin (i) noncompliant with treatment and has no awareness of addiction or mental disorder
and does not want or is unwilling to explore change or is in total denial of the client's illness
and its implications; or
new text end

new text begin (ii) dangerously oppositional to the extent that the client is a threat of imminent harm
to self and others.
new text end

new text begin (f) Dimension 5: the vendor must use the criteria in Dimension 5 to determine a client's
relapse, continued substance use, and continued problem potential.
new text end

new text begin (1) "0" The client recognizes risk well and is able to manage potential problems.
new text end

new text begin (2) "1" The client recognizes relapse issues and prevention strategies, but displays some
vulnerability for further substance use or mental health problems.
new text end

new text begin (3) "2" The client has minimal recognition and understanding of relapse and recidivism
issues and displays moderate vulnerability for further substance use or mental health
problems. The client has some coping skills inconsistently applied.
new text end

new text begin (4) "3" The client has poor recognition and understanding of relapse and recidivism
issues and displays moderately high vulnerability for further substance use or mental health
problems. The client has few coping skills and rarely applies coping skills.
new text end

new text begin (5) "4" The client has no coping skills to arrest mental health or addiction illnesses or
to prevent relapse. The client has no recognition or understanding of relapse and recidivism
issues and displays high vulnerability for further substance use or mental health problems.
new text end

new text begin (g) Dimension 6: the vendor must use the criteria in Dimension 6 to determine a client's
recovery environment.
new text end

new text begin (1) "0" The client is engaged in structured, meaningful activity and has a supportive
significant other, family, and living environment.
new text end

new text begin (2) "1" The client has passive social network support or the client's family and significant
other are not interested in the client's recovery. The client is engaged in structured, meaningful
activity.
new text end

new text begin (3) "2" The client is engaged in structured, meaningful activity, but the client's peers,
family, significant other, and living environment are unsupportive, or there is criminal
justice system involvement by the client or among the client's peers or significant other or
in the client's living environment.
new text end

new text begin (4) "3" The client is not engaged in structured, meaningful activity and the client's peers,
family, significant other, and living environment are unsupportive, or there is significant
criminal justice system involvement.
new text end

new text begin (5) "4" The client has:
new text end

new text begin (i) a chronically antagonistic significant other, living environment, family, or peer group
or long-term criminal justice system involvement that is harmful to the client's recovery or
treatment progress; or
new text end

new text begin (ii) an actively antagonistic significant other, family, work, or living environment, with
an immediate threat to the client's safety and well-being.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 51.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Scope and applicability. new text end

new text begin This section governs administration of the behavioral
health fund, establishes the criteria to be applied by local agencies to determine a client's
financial eligibility under the behavioral health fund, and determines a client's obligation
to pay for substance use disorder treatment services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 52.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Local agency responsibility to provide services. new text end

new text begin The local agency may employ
individuals to conduct administrative activities and facilitate access to substance use disorder
treatment services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 53.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Local agency to determine client financial eligibility. new text end

new text begin (a) The local agency
shall determine a client's financial eligibility for the behavioral health fund according to
subdivision 1 with the income calculated prospectively for one year from the date of
comprehensive assessment. The local agency shall pay for eligible clients according to
chapter 256G. The local agency shall enter the financial eligibility span within ten calendar
days of request. Client eligibility must be determined using forms prescribed by the
commissioner. The local agency must determine a client's eligibility as follows:
new text end

new text begin (1) The local agency must determine the client's income. A client who is a minor child
must not be deemed to have income available to pay for substance use disorder treatment,
unless the minor child is responsible for payment under section 144.347 for substance use
disorder treatment services sought under section 144.343, subdivision 1.
new text end

new text begin (2) The local agency must determine the client's household size according to the
following:
new text end

new text begin (i) If the client is a minor child, the household size includes the following persons living
in the same dwelling unit:
new text end

new text begin (A) the client;
new text end

new text begin (B) the client's birth or adoptive parents; and
new text end

new text begin (C) the client's siblings who are minors.
new text end

new text begin (ii) If the client is an adult, the household size includes the following persons living in
the same dwelling unit:
new text end

new text begin (A) the client;
new text end

new text begin (B) the client's spouse;
new text end

new text begin (C) the client's minor children; and
new text end

new text begin (D) the client's spouse's minor children.
new text end

new text begin (iii) Household size includes a person listed in items (i) and (ii) who is in out-of-home
placement if a person listed in item (i) or (ii) is contributing to the cost of care of the person
in out-of-home placement.
new text end

new text begin (3) The local agency must determine the client's current prepaid health plan enrollment
and the availability of a third-party payment source, including the availability of total or
partial payment and the amount of co-payment.
new text end

new text begin (4) The local agency must provide the required eligibility information to the commissioner
in the manner specified by the commissioner.
new text end

new text begin (5) The local agency must require the client and policyholder to conditionally assign to
the department the client's and policyholder's rights and the rights of minor children to
benefits or services provided to the client if the commissioner is required to collect from a
third-party payment source.
new text end

new text begin (b) The local agency must redetermine a client's eligibility for the behavioral health fund
every 12 months.
new text end

new text begin (c) A client, responsible relative, and policyholder must provide income or wage
verification and household size verification under paragraph (a), clause (3), and must make
an assignment of third-party payment rights under paragraph (a), clause (5). If a client,
responsible relative, or policyholder does not comply with this subdivision, the client is
ineligible for behavioral health fund payment for substance use disorder treatment, and the
client and responsible relative are obligated to pay the full cost of substance use disorder
treatment services provided to the client.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 54.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Client fees. new text end

new text begin A client whose household income is within current household size
and income guidelines for entitled persons as defined in subdivision 1 must pay no fee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 55.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Vendor must participate in DAANES. new text end

new text begin To be eligible for payment under the
behavioral health fund, a vendor must participate in DAANES or submit to the commissioner
the information required in DAANES in the format specified by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 56.

Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 1a, is amended
to read:


Subd. 1a.

Room and board provider requirements.

(a) Effective January 1, 2000,
vendors of room and board are eligible for behavioral health fund payment if the vendor:

(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
while residing in the facility and provide consequences for infractions of those rules;

(2) is determined to meet applicable health and safety requirements;

(3) is not a jail or prison;

(4) is not concurrently receiving funds under chapter 256I for the recipient;

(5) admits individuals who are 18 years of age or older;

(6) is registered as a board and lodging or lodging establishment according to section
157.17;

(7) has awake staff on site 24 hours per day;

(8) has staff who are at least 18 years of age and meet the requirements of section
245G.11, subdivision 1, paragraph (b);

(9) has emergency behavioral procedures that meet the requirements of section 245G.16;

(10) meets the requirements of section 245G.08, subdivision 5, if administering
medications to clients;

(11) meets the abuse prevention requirements of section 245A.65, including a policy on
fraternization and the mandatory reporting requirements of section 626.557;

(12) documents coordination with the treatment provider to ensure compliance with
section 254B.03, subdivision 2;

(13) protects client funds and ensures freedom from exploitation by meeting the
provisions of section 245A.04, subdivision 13;

(14) has a grievance procedure that meets the requirements of section 245G.15,
subdivision 2
; and

(15) has sleeping and bathroom facilities for men and women separated by a door that
is locked, has an alarm, or is supervised by awake staff.

(b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
paragraph (a), clauses (5) to (15).

new text begin (c) Programs providing children's mental health crisis admissions and stabilization under
section 245.4882, subdivision 6, are eligible vendors of room and board.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end Licensed programs providing intensive residential treatment services or residential
crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors
of room and board and are exempt from paragraph (a), clauses (6) to (15).

Sec. 57.

Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 4, is amended
to read:


Subd. 4.

Regional treatment centers.

Regional treatment center chemical dependency
treatment units are eligible vendors. The commissioner may expand the capacity of chemical
dependency treatment units beyond the capacity funded by direct legislative appropriation
to serve individuals who are referred for treatment by counties and whose treatment will be
paid for by funding under this chapter or other funding sources. Notwithstanding the
provisions of sections 254B.03 to deleted text begin254B.041deleted text endnew text begin 254B.04new text end, payment for any person committed
at county request to a regional treatment center under chapter 253B for chemical dependency
treatment and determined to be ineligible under the behavioral health fund, shall become
the responsibility of the county.

Sec. 58.

Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended
to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

deleted text begin (1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;
deleted text end

new text begin (1) outpatient treatment services licensed according to sections 245G.01 to 245G.17, or
applicable Tribal license, including:
new text end

new text begin (i) ASAM 1.0 Outpatient: zero to eight hours per week of skilled treatment services for
adults and zero to five hours per week for adolescents. Peer recovery and treatment
coordination may be provided beyond the skilled treatment service hours allowable per
week; and
new text end

new text begin (ii) ASAM 2.1 Intensive Outpatient: nine or more hours per week of skilled treatment
services for adults and six or more hours per week for adolescents in accordance with the
limitations in paragraph (h). Peer recovery and treatment coordination may be provided
beyond the skilled treatment service hours allowable per week;
new text end

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;

(3) care coordination services provided according to section 245G.07, subdivision 1,
paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;

(6) deleted text beginmedication-assisted therapy services that aredeleted text endnew text begin substance use disorder treatment with
medication for opioid use disorders provided in an opioid treatment program that is
new text end licensed
according to sections 245G.01 to 245G.17 and 245G.22, or applicable tribal license;

deleted text begin (7) medication-assisted therapy plus enhanced treatment services that meet the
deleted text end deleted text begin requirements of clause (6) and provide nine hours of clinical services each week;
deleted text end

deleted text begin (8)deleted text endnew text begin (7)new text end high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;

deleted text begin (9)deleted text endnew text begin (8)new text end hospital-based treatment services that are licensed according to sections 245G.01
to 245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;

deleted text begin (10)deleted text endnew text begin (9)new text end adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;

deleted text begin (11)deleted text endnew text begin (10)new text end high-intensity residential treatment services that are licensed according to
sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30
hours of clinical services each week provided by a state-operated vendor or to clients who
have been civilly committed to the commissioner, present the most complex and difficult
care needs, and are a potential threat to the community; and

deleted text begin (12)deleted text endnew text begin (11)new text end room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a
;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or

(5) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined
in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
under the supervision of a licensed alcohol and drug counselor supervisor and licensed
mental health professional, except that no more than 50 percent of the mental health staff
may be students or licensing candidates with time documented to be directly related to
provisions of co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance abuse disorders
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).

(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, 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. 59.

Minnesota Statutes 2020, section 256.042, subdivision 1, is amended to read:


Subdivision 1.

Establishment of the advisory council.

(a) The Opiate Epidemic
Response Advisory Council is established to develop and implement a comprehensive and
effective statewide effort to address the opioid addiction and overdose epidemic in Minnesota.
The council shall focus on:

(1) prevention and education, including public education and awareness for adults and
youth, prescriber education, the development and sustainability of opioid overdose prevention
and education programs, the role of adult protective services in prevention and response,
and providing financial support to local law enforcement agencies for opiate antagonist
programs;

(2) training on the treatment of opioid addiction, including the use of all Food and Drug
Administration approved opioid addiction medications, detoxification, relapse prevention,
patient assessment, individual treatment planning, counseling, recovery supports, diversion
control, and other best practices;

(3) the expansion and enhancement of a continuum of care for opioid-related substance
use disorders, including primary prevention, early intervention, treatment, recovery, and
aftercare services; and

(4) the development of measures to assess and protect the ability of cancer patients and
survivors, persons battling life-threatening illnesses, persons suffering from severe chronic
pain, and persons at the end stages of life, who legitimately need prescription pain
medications, to maintain their quality of life by accessing these pain medications without
facing unnecessary barriers. The measures must also address the needs of individuals
described in this clause who are elderly or who reside in underserved or rural areas of the
state.

(b) The council shall:

(1) review local, state, and federal initiatives and activities related to education,
prevention, treatment, and services for individuals and families experiencing and affected
by opioid use disorder;

(2) establish priorities to address the state's opioid epidemic, for the purpose of
recommending initiatives to fund;

(3) recommend to the commissioner of human services specific projects and initiatives
to be funded;

(4) ensure that available funding is allocated to align with other state and federal funding,
to achieve the greatest impact and ensure a coordinated state effort;

(5) consult with the commissioners of human services, health, and management and
budget to develop measurable outcomes to determine the effectiveness of funds allocated;
deleted text begin and
deleted text end

(6) develop recommendations for an administrative and organizational framework for
the allocation, on a sustainable and ongoing basis, of any money deposited into the separate
account under section 16A.151, subdivision 2, paragraph (f), in order to address the opioid
abuse and overdose epidemic in Minnesota and the areas of focus specified in paragraph
(a)deleted text begin.deleted text endnew text begin;
new text end

new text begin (7) review reports, data, and performance measures submitted by municipalities, as
defined in section 466.01, subdivision 1, in receipt of direct payments from settlement
agreements, as described in section 256.043, subdivision 4; and
new text end

new text begin (8) consult with relevant stakeholders, including lead agencies and municipalities, to
review and provide recommendations for necessary revisions to required reporting to ensure
the reporting reflects measures of progress in addressing the harms of the opioid epidemic.
new text end

(c) The council, in consultation with the commissioner of management and budget, and
within available appropriations, shall select from the awarded grants projects new text beginor may select
municipality projects funded by settlement monies as described in section 256.043,
subdivision 4,
new text endthat include promising practices or theory-based activities for which the
commissioner of management and budget shall conduct evaluations using experimental or
quasi-experimental design. Grants awarded to proposals new text beginor municipality projects funded by
settlement monies
new text endthat include promising practices or theory-based activities and that are
selected for an evaluation shall be administered to support the experimental or
quasi-experimental evaluation and require grantees new text beginand municipality projects new text endto collect and
report information that is needed to complete the evaluation. The commissioner of
management and budget, under section 15.08, may obtain additional relevant data to support
the experimental or quasi-experimental evaluation studies.new text begin For the purposes of this paragraph,
"municipality" has the meaning given in section 466.01, subdivision 1.
new text end

(d) The council, in consultation with the commissioners of human services, health, public
safety, and management and budget, shall establish goals related to addressing the opioid
epidemic and determine a baseline against which progress shall be monitored and set
measurable outcomes, including benchmarks. The goals established must include goals for
prevention and public health, access to treatment, and multigenerational impacts. The council
shall use existing measures and data collection systems to determine baseline data against
which progress shall be measured. The council shall include the proposed goals, the
measurable outcomes, and proposed benchmarks to meet these goals in its initial report to
the legislature under subdivision 5, paragraph (a), due January 31, 2021.

Sec. 60.

Minnesota Statutes 2020, section 256.042, subdivision 2, is amended to read:


Subd. 2.

Membership.

(a) The council shall consist of the following deleted text begin19deleted text endnew text begin 30new text end voting
members, appointed by the commissioner of human services except as otherwise specified,
and three nonvoting members:

(1) two members of the house of representatives, appointed in the following sequence:
the first from the majority party appointed by the speaker of the house and the second from
the minority party appointed by the minority leader. Of these two members, one member
must represent a district outside of the seven-county metropolitan area, and one member
must represent a district that includes the seven-county metropolitan area. The appointment
by the minority leader must ensure that this requirement for geographic diversity in
appointments is met;

(2) two members of the senate, appointed in the following sequence: the first from the
majority party appointed by the senate majority leader and the second from the minority
party appointed by the senate minority leader. Of these two members, one member must
represent a district outside of the seven-county metropolitan area and one member must
represent a district that includes the seven-county metropolitan area. The appointment by
the minority leader must ensure that this requirement for geographic diversity in appointments
is met;

(3) one member appointed by the Board of Pharmacy;

(4) one member who is a physician appointed by the Minnesota Medical Association;

(5) one member representing opioid treatment programs, sober living programs, or
substance use disorder programs licensed under chapter 245G;

(6) one member appointed by the Minnesota Society of Addiction Medicine who is an
addiction psychiatrist;

(7) one member representing professionals providing alternative pain management
therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;

(8) one member representing nonprofit organizations conducting initiatives to address
the opioid epidemic, with the commissioner's initial appointment being a member
representing the Steve Rummler Hope Network, and subsequent appointments representing
this or other organizations;

(9) one member appointed by the Minnesota Ambulance Association who is serving
with an ambulance service as an emergency medical technician, advanced emergency
medical technician, or paramedic;

(10) one member representing the Minnesota courts who is a judge or law enforcement
officer;

(11) one public member who is a Minnesota resident and who is in opioid addiction
recovery;

(12) deleted text begintwodeleted text endnew text begin 11new text end members representing Indian tribes, one representing deleted text beginthe Ojibwe tribes and
one representing the Dakota tribes
deleted text endnew text begin each of Minnesota's Tribal Nationsnew text end;

new text begin (13) two members representing the urban American Indian population;
new text end

deleted text begin (13)deleted text endnew text begin (14)new text end one public member who is a Minnesota resident and who is suffering from
chronic pain, intractable pain, or a rare disease or condition;

deleted text begin (14)deleted text endnew text begin (15)new text end one mental health advocate representing persons with mental illness;

deleted text begin (15)deleted text endnew text begin (16)new text end one member appointed by the Minnesota Hospital Association;

deleted text begin (16)deleted text endnew text begin (17)new text end one member representing a local health department; and

deleted text begin (17)deleted text endnew text begin (18)new text end the commissioners of human services, health, and corrections, or their designees,
who shall be ex officio nonvoting members of the council.

(b) The commissioner of human services shall coordinate the commissioner's
appointments to provide geographic, racial, and gender diversity, and shall ensure that at
least one-half of council members appointed by the commissioner reside outside of the
seven-county metropolitan area new text beginand that at least one-half of the members have lived
experience with opiate addiction
new text end. Of the members appointed by the commissioner, to the
extent practicable, at least one member must represent a community of color
disproportionately affected by the opioid epidemic.

(c) The council is governed by section 15.059, except that members of the council shall
serve three-year terms and shall receive no compensation other than reimbursement for
expenses. Notwithstanding section 15.059, subdivision 6, the council shall not expire.

(d) The chair shall convene the council at least quarterly, and may convene other meetings
as necessary. The chair shall convene meetings at different locations in the state to provide
geographic access, and shall ensure that at least one-half of the meetings are held at locations
outside of the seven-county metropolitan area.

(e) The commissioner of human services shall provide staff and administrative services
for the advisory council.

(f) The council is subject to chapter 13D.

Sec. 61.

Minnesota Statutes 2021 Supplement, section 256.042, subdivision 4, is amended
to read:


Subd. 4.

Grants.

(a) The commissioner of human services shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming calendar year to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance, by December 1 of each year, beginning
March 1, 2020.

(b) The grants shall be awarded to proposals selected by the advisory council that address
the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated
by the legislature. The advisory council shall determine grant awards and funding amounts
based on the funds appropriated to the commissioner under section 256.043, subdivision 3,
paragraph (e). The commissioner shall award the grants from the opiate epidemic response
fund and administer the grants in compliance with section 16B.97. No more than ten percent
of the grant amount may be used by a grantee for administration.new text begin The commissioner must
award at least 40 percent of grants to projects that include a focus on addressing the opiate
crisis in Black and Indigenous communities and communities of color.
new text end

Sec. 62.

Minnesota Statutes 2020, section 256.042, subdivision 5, is amended to read:


Subd. 5.

Reports.

(a) The advisory council shall report annually to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by January 31 of each yeardeleted text begin, beginning January 31, 2021deleted text end. The
report shall include information about the individual projects that receive grantsnew text begin, the
municipality projects funded by settlement monies as described in section 256.043,
subdivision 4,
new text end and the overall role of the deleted text beginprojectdeleted text endnew text begin projectsnew text end in addressing the opioid addiction
and overdose epidemic in Minnesota. The report must describe the grantees and the activities
implemented, along with measurable outcomes as determined by the council in consultation
with the commissioner of human services and the commissioner of management and budget.
At a minimum, the report must include information about the number of individuals who
received information or treatment, the outcomes the individuals achieved, and demographic
information about the individuals participating in the project; an assessment of the progress
toward achieving statewide access to qualified providers and comprehensive treatment and
recovery services; and an update on the evaluations implemented by the commissioner of
management and budget for the promising practices and theory-based projects that receive
funding.

(b) The commissioner of management and budget, in consultation with the Opiate
Epidemic Response Advisory Council, shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance when an evaluation study described in subdivision 1, paragraph (c), is
complete on the promising practices or theory-based projects that are selected for evaluation
activities. The report shall include demographic information; outcome information for the
individuals in the program; the results for the program in promoting recovery, employment,
family reunification, and reducing involvement with the criminal justice system; and other
relevant outcomes determined by the commissioner of management and budget that are
specific to the projects that are evaluated. The report shall include information about the
ability of grant programs to be scaled to achieve the statewide results that the grant project
demonstrated.

(c) The advisory council, in its annual report to the legislature under paragraph (a) due
by January 31, 2024, shall include recommendations on whether the appropriations to the
specified entities under Laws 2019, chapter 63, should be continued, adjusted, or
discontinued; whether funding should be appropriated for other purposes related to opioid
abuse prevention, education, and treatment; and on the appropriate level of funding for
existing and new uses.

new text begin (d) Municipalities receiving direct payments for settlement agreements as described in
section 256.043, subdivision 4, must annually report to the commissioner on how the funds
were used on opioid remediation. The report must be submitted in a format prescribed by
the commissioner. The report must include data and measurable outcomes on expenditures
funded with opioid settlement funds, as identified by the commissioner, including details
on services drawn from the categories of approved uses, as identified in agreements between
the state of Minnesota, the Association of Minnesota Counties, and the League of Minnesota
Cities. Minimum reporting requirements must include:
new text end

new text begin (1) contact information;
new text end

new text begin (2) information on funded services and programs; and
new text end

new text begin (3) target populations for each funded service and program.
new text end

new text begin (e) In reporting data and outcomes under paragraph (d), municipalities should include
information on the use of evidence-based and culturally relevant services, to the extent
feasible.
new text end

new text begin (f) Reporting requirements for municipal projects using $25,000 or more of settlement
funds in a calendar year must also include:
new text end

new text begin (1) a brief qualitative description of successes or challenges; and
new text end

new text begin (2) results using process and quality measures.
new text end

new text begin (g) For the purposes of this subdivision, "municipality" or "municipalities" has the
meaning given in section 466.01, subdivision 1.
new text end

Sec. 63.

Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 5m, is
amended to read:


Subd. 5m.

Certified community behavioral health clinic services.

(a) Medical
assistance covers new text beginservices provided by a not-for-profit new text endcertified community behavioral health
clinic (CCBHC) deleted text beginservicesdeleted text end that deleted text beginmeetdeleted text endnew text begin meetsnew text end the requirements of section 245.735, subdivision
3
.

(b) The commissioner shall reimburse CCBHCs on a deleted text beginper-visitdeleted text endnew text begin per-daynew text end basis deleted text beginunder the
prospective payment
deleted text endnew text begin for each day that an eligible service is delivered using the CCBHC
daily bundled rate
new text end system for medical assistance payments as described in paragraph (c).
The commissioner shall include a quality incentive payment in the deleted text beginprospective paymentdeleted text end
new text begin CCBHC daily bundled rate new text endsystem as described in paragraph (e). There is no county share
for medical assistance services when reimbursed through the CCBHC deleted text beginprospective paymentdeleted text endnew text begin
daily bundled rate
new text end system.

(c) The commissioner shall ensure that the deleted text beginprospective paymentdeleted text endnew text begin CCBHC daily bundled
rate
new text end system for CCBHC payments under medical assistance meets the following requirements:

(1) the deleted text beginprospective paymentdeleted text endnew text begin CCBHC daily bundlednew text end rate shall be a provider-specific rate
calculated for each CCBHC, based on the daily cost of providing CCBHC services and the
total annual allowable new text beginCCBHC new text endcosts deleted text beginfor CCBHCsdeleted text end divided by the total annual number of
CCBHC visits. For calculating the payment rate, total annual visits include visits covered
by medical assistance and visits not covered by medical assistance. Allowable costs include
but are not limited to the salaries and benefits of medical assistance providers; the cost of
CCBHC services provided under section 245.735, subdivision 3, paragraph (a), clauses (6)
and (7); and other costs such as insurance or supplies needed to provide CCBHC services;

(2) payment shall be limited to one payment per day per medical assistance enrollee deleted text beginfor
each
deleted text endnew text begin when an eligiblenew text end CCBHC deleted text beginvisit eligible for reimbursementdeleted text endnew text begin service is providednew text end. A
CCBHC visit is eligible for reimbursement if at least one of the CCBHC services listed
under section 245.735, subdivision 3, paragraph (a), clause (6), is furnished to a medical
assistance enrollee by a health care practitioner or licensed agency employed by or under
contract with a CCBHC;

(3) deleted text beginnew paymentdeleted text endnew text begin initial CCBHC daily bundlednew text end rates deleted text beginset by the commissionerdeleted text end for newly
certified CCBHCs under section 245.735, subdivision 3, shall be deleted text beginbased on rates for
established CCBHCs with a similar scope of services. If no comparable CCBHC exists, the
commissioner shall establish a clinic-specific rate using audited historical cost report data
adjusted for the estimated cost of delivering CCBHC services, including the estimated cost
of providing the full scope of services and the projected change in visits resulting from the
change in scope
deleted text endnew text begin established by the commissioner using a provider-specific rate based on
the newly certified CCBHC's audited historical cost report data adjusted for the expected
cost of delivering CCBHC services. Estimates are subject to review by the commissioner
and must include the expected cost of providing the full scope of CCBHC services and the
expected number of visits for the rate period
new text end;

(4) the commissioner shall rebase CCBHC rates once every three yearsnew text begin following the
last rebasing
new text end and no less than 12 months following an initial rate or a rate change due to a
change in the scope of services;

(5) the commissioner shall provide for a 60-day appeals process after notice of the results
of the rebasing;

(6) the deleted text beginprospective paymentdeleted text endnew text begin CCBHC daily bundlednew text end rate under this section does not apply
to services rendered by CCBHCs to individuals who are dually eligible for Medicare and
medical assistance when Medicare is the primary payer for the service. An entity that receives
a deleted text beginprospective paymentdeleted text end new text beginCCBHC daily bundled rate new text endsystem deleted text beginratedeleted text end that overlaps with the CCBHC
rate is not eligible for the CCBHC rate;

(7) payments for CCBHC services to individuals enrolled in managed care shall be
coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall
complete the phase-out of CCBHC wrap payments within 60 days of the implementation
of the deleted text beginprospective paymentdeleted text end new text beginCCBHC daily bundled rate new text endsystem in the Medicaid Management
Information System (MMIS), for CCBHCs reimbursed under this chapter, with a final
settlement of payments due made payable to CCBHCs no later than 18 months thereafter;

(8) the deleted text beginprospective paymentdeleted text endnew text begin CCBHC daily bundlednew text end rate for each CCBHC shall be updated
by trending each provider-specific rate by the Medicare Economic Index for primary care
services. This update shall occur each year in between rebasing periods determined by the
commissioner in accordance with clause (4). CCBHCs must provide data on costs and visits
to the state annually using the CCBHC cost report established by the commissioner; and

(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of
services when such changes are expected to result in an adjustment to the CCBHC payment
rate by 2.5 percent or more. The CCBHC must provide the commissioner with information
regarding the changes in the scope of services, including the estimated cost of providing
the new or modified services and any projected increase or decrease in the number of visits
resulting from the change. new text beginEstimated costs are subject to review by the commissioner. new text endRate
adjustments for changes in scope shall occur no more than once per year in between rebasing
periods per CCBHC and are effective on the date of the annual CCBHC rate update.

(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC
providers at the deleted text beginprospective paymentdeleted text endnew text begin CCBHC daily bundlednew text end rate. The commissioner shall
monitor the effect of this requirement on the rate of access to the services delivered by
CCBHC providers. If, for any contract year, federal approval is not received for this
paragraph, the commissioner must adjust the capitation rates paid to managed care plans
and county-based purchasing plans for that contract year to reflect the removal of this
provision. Contracts between managed care plans and county-based purchasing plans and
providers to whom this paragraph applies must allow recovery of payments from those
providers if capitation rates are adjusted in accordance with this paragraph. Payment
recoveries must not exceed the amount equal to any increase in rates that results from this
provision. This paragraph expires if federal approval is not received for this paragraph at
any time.

(e) The commissioner shall implement a quality incentive payment program for CCBHCs
that meets the following requirements:

(1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric
thresholds for performance metrics established by the commissioner, in addition to payments
for which the CCBHC is eligible under the deleted text beginprospective paymentdeleted text endnew text begin CCBHC daily bundled
rate
new text end system described in paragraph (c);

(2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement
year to be eligible for incentive payments;

(3) each CCBHC shall receive written notice of the criteria that must be met in order to
receive quality incentive payments at least 90 days prior to the measurement year; and

(4) a CCBHC must provide the commissioner with data needed to determine incentive
payment eligibility within six months following the measurement year. The commissioner
shall notify CCBHC providers of their performance on the required measures and the
incentive payment amount within 12 months following the measurement year.

(f) All claims to managed care plans for CCBHC services as provided under this section
shall be submitted directly to, and paid by, the commissioner on the dates specified no later
than January 1 of the following calendar year, if:

(1) one or more managed care plans does not comply with the federal requirement for
payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42,
section 447.45(b), and the managed care plan does not resolve the payment issue within 30
days of noncompliance; and

(2) the total amount of clean claims not paid in accordance with federal requirements
by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims
eligible for payment by managed care plans.

If the conditions in this paragraph are met between January 1 and June 30 of a calendar
year, claims shall be submitted to and paid by the commissioner beginning on January 1 of
the following year. If the conditions in this paragraph are met between July 1 and December
31 of a calendar year, claims shall be submitted to and paid by the commissioner beginning
on July 1 of the following year.

Sec. 64.

Minnesota Statutes 2020, section 256B.0757, subdivision 5, is amended to read:


Subd. 5.

Payments.

The commissioner shall deleted text beginmake payments to each designated provider
for the provision of
deleted text endnew text begin establish a single statewide reimbursement rate fornew text end health home services
deleted text begin described in subdivision 3 to each eligible individual under subdivision 2 that selects the
health home as a provider
deleted text endnew text begin under this sectionnew text end.new text begin In setting this rate, the commissioner must
include input from stakeholders, including providers of the services. The statewide
reimbursement rate shall be adjusted annually to match the growth in the Medicare Economic
Index.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 65.

Minnesota Statutes 2021 Supplement, section 256B.0759, subdivision 4, is
amended to read:


Subd. 4.

Provider payment rates.

(a) Payment rates for participating providers must
be increased for services provided to medical assistance enrollees. To receive a rate increase,
participating providers must meet demonstration project requirements and provide evidence
of formal referral arrangements with providers delivering step-up or step-down levels of
care. Providers that have enrolled in the demonstration project but have not met the provider
standards under subdivision 3 as of July 1, 2022, are not eligible for a rate increase under
this subdivision until the date that the provider meets the provider standards in subdivision
3. Services provided from July 1, 2022, to the date that the provider meets the provider
standards under subdivision 3 shall be reimbursed at rates according to section 254B.05,
subdivision 5, paragraph (b). Rate increases paid under this subdivision to a provider for
services provided between July 1, 2021, and July 1, 2022, are not subject to recoupment
when the provider is taking meaningful steps to meet demonstration project requirements
that are not otherwise required by law, and the provider provides documentation to the
commissioner, upon request, of the steps being taken.

(b) The commissioner may temporarily suspend payments to the provider according to
section 256B.04, subdivision 21, paragraph (d), if the provider does not meet the requirements
in paragraph (a). Payments withheld from the provider must be made once the commissioner
determines that the requirements in paragraph (a) are met.

(c) For substance use disorder services under section 254B.05, subdivision 5, paragraph
(b), clause deleted text begin(8)deleted text endnew text begin (7)new text end, provided on or after July 1, 2020, payment rates must be increased by
25 percent over the rates in effect on December 31, 2019.

(d) For substance use disorder services under section 254B.05, subdivision 5, paragraph
(b), clauses (1)deleted text begin,deleted text endnew text begin andnew text end (6), deleted text beginand (7),deleted text end and adolescent treatment programs that are licensed as
outpatient treatment programs according to sections 245G.01 to 245G.18, provided on or
after January 1, 2021, payment rates must be increased by 20 percent over the rates in effect
on December 31, 2020.

(e) Effective January 1, 2021, and contingent on annual federal approval, managed care
plans and county-based purchasing plans must reimburse providers of the substance use
disorder services meeting the criteria described in paragraph (a) who are employed by or
under contract with the plan an amount that is at least equal to the fee-for-service base rate
payment for the substance use disorder services described in paragraphs (c) and (d). The
commissioner must monitor the effect of this requirement on the rate of access to substance
use disorder services and residential substance use disorder rates. Capitation rates paid to
managed care organizations and county-based purchasing plans must reflect the impact of
this requirement. This paragraph expires if federal approval is not received at any time as
required under this paragraph.

(f) Effective July 1, 2021, contracts between managed care plans and county-based
purchasing plans and providers to whom paragraph (e) applies must allow recovery of
payments from those providers if, for any contract year, federal approval for the provisions
of paragraph (e) is not received, and capitation rates are adjusted as a result. Payment
recoveries must not exceed the amount equal to any decrease in rates that results from this
provision.

Sec. 66.

Minnesota Statutes 2020, section 256B.0941, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Sleeping hours. new text end

new text begin During normal sleeping hours, a psychiatric residential
treatment facility provider must provide at least one staff person for every six residents
present within a living unit. A provider must adjust sleeping-hour staffing levels based on
the clinical needs of the residents in the facility.
new text end

Sec. 67.

Minnesota Statutes 2020, section 256B.0941, subdivision 3, is amended to read:


Subd. 3.

Per diem rate.

(a) The commissioner must establish one per diem rate per
provider for psychiatric residential treatment facility services for individuals 21 years of
age or younger. The rate for a provider must not exceed the rate charged by that provider
for the same service to other payers. Payment must not be made to more than one entity for
each individual for services provided under this section on a given day. The commissioner
must set rates prospectively for the annual rate period. The commissioner must require
providers to submit annual cost reports on a uniform cost reporting form and must use
submitted cost reports to inform the rate-setting process. The cost reporting must be done
according to federal requirements for Medicare cost reports.

(b) The following are included in the rate:

(1) costs necessary for licensure and accreditation, meeting all staffing standards for
participation, meeting all service standards for participation, meeting all requirements for
active treatment, maintaining medical records, conducting utilization review, meeting
inspection of care, and discharge planning. The direct services costs must be determined
using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff
and service-related transportation; and

(2) payment for room and board provided by facilities meeting all accreditation and
licensing requirements for participation.

(c) A facility may submit a claim for payment outside of the per diem for professional
services arranged by and provided at the facility by an appropriately licensed professional
who is enrolled as a provider with Minnesota health care programs. Arranged services may
be billed by either the facility or the licensed professional. These services must be included
in the individual plan of care and are subject to prior authorization.

(d) Medicaid must reimburse for concurrent services as approved by the commissioner
to support continuity of care and successful discharge from the facility. "Concurrent services"
means services provided by another entity or provider while the individual is admitted to a
psychiatric residential treatment facility. Payment for concurrent services may be limited
and these services are subject to prior authorization by the state's medical review agent.
Concurrent services may include targeted case management, assertive community treatment,
clinical care consultation, team consultation, and treatment planning.

(e) Payment rates under this subdivision must not include the costs of providing the
following services:

(1) educational services;

(2) acute medical care or specialty services for other medical conditions;

(3) dental services; and

(4) pharmacy drug costs.

(f) For purposes of this section, "actual cost" means costs that are allowable, allocable,
reasonable, and consistent with federal reimbursement requirements in Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of
Management and Budget Circular Number A-122, relating to nonprofit entities.

new text begin (g) The commissioner shall consult with providers and stakeholders to develop an
assessment tool that identifies when a child with a medical necessity for psychiatric
residential treatment facility level of care will require specialized care planning, including
but not limited to a one-on-one staffing ratio in a living environment. The commissioner
must develop the tool based on clinical and safety review and recommend best uses of the
protocols to align with reimbursement structures.
new text end

Sec. 68.

Minnesota Statutes 2020, section 256B.0941, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Start-up grants. new text end

new text begin Start-up grants to prospective psychiatric residential treatment
facility sites may be used for:
new text end

new text begin (1) administrative expenses;
new text end

new text begin (2) consulting services;
new text end

new text begin (3) Health Insurance Portability and Accountability Act of 1996 compliance;
new text end

new text begin (4) therapeutic resources including evidence-based, culturally appropriate curriculums,
and training programs for staff and clients;
new text end

new text begin (5) allowable physical renovations to the property; and
new text end

new text begin (6) emergency workforce shortage uses, as determined by the commissioner.
new text end

Sec. 69.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is
amended to read:


Subdivision 1.

Required covered service components.

(a) Subject to federal approval,
medical assistance covers medically necessary intensive new text beginbehavioral healthnew text end treatment services
when the services are provided by a provider entity certified under and meeting the standards
in this section. The provider entity must make reasonable and good faith efforts to report
individual client outcomes to the commissioner, using instruments and protocols approved
by the commissioner.

(b) Intensive new text beginbehavioral healthnew text end treatment services to children with mental illness residing
in foster family settings new text beginor with legal guardians new text endthat comprise specific required service
components provided in clauses (1) to (6) are reimbursed by medical assistance when they
meet the following standards:

(1) psychotherapy provided by a mental health professional or a clinical trainee;

(2) crisis planning;

(3) individual, family, and group psychoeducation services provided by a mental health
professional or a clinical trainee;

(4) clinical care consultation provided by a mental health professional or a clinical
trainee;

(5) individual treatment plan development as defined in Minnesota Rules, part 9505.0371,
subpart 7; and

(6) service delivery payment requirements as provided under subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 70.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1a, is
amended to read:


Subd. 1a.

Definitions.

For the purposes of this section, the following terms have the
meanings given them.

new text begin (a) "At risk of out-of-home placement" means the child has participated in
community-based therapeutic or behavioral services including psychotherapy within the
past 30 days and has experienced severe difficulty in managing mental health and behavior
in multiple settings and has one of the following:
new text end

new text begin (1) has previously been in out-of-home placement for mental health issues within the
past six months;
new text end

new text begin (2) has a history of threatening harm to self or others and has actively engaged in
self-harming or threatening behavior in the past 30 days;
new text end

new text begin (3) demonstrates extremely inappropriate or dangerous social behavior in home,
community, and school settings;
new text end

new text begin (4) has a history of repeated intervention from mental health programs, social services,
mobile crisis programs, or law enforcement to maintain safety in the home, community, or
school within the past 60 days; or
new text end

new text begin (5) whose parent is unable to safely manage the child's mental health, behavioral, or
emotional problems in the home and has been actively seeking placement for at least two
weeks.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end "Clinical care consultation" means communication from a treating clinician to
other providers working with the same client to inform, inquire, and instruct regarding the
client's symptoms, strategies for effective engagement, care and intervention needs, and
treatment expectations across service settings, including but not limited to the client's school,
social services, day care, probation, home, primary care, medication prescribers, disabilities
services, and other mental health providers and to direct and coordinate clinical service
components provided to the client and family.

deleted text begin (b)deleted text endnew text begin (c)new text end "Clinical trainee" means a staff person who is qualified according to section
245I.04, subdivision 6.

deleted text begin (c)deleted text endnew text begin (d)new text end "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.

deleted text begin (d)deleted text endnew text begin (e)new text end "Culturally appropriate" means providing mental health services in a manner that
incorporates the child's cultural influences into interventions as a way to maximize resiliency
factors and utilize cultural strengths and resources to promote overall wellness.

deleted text begin (e)deleted text endnew text begin (f)new text end "Culture" means the distinct ways of living and understanding the world that are
used by a group of people and are transmitted from one generation to another or adopted
by an individual.

deleted text begin (f)deleted text endnew text begin (g)new text end "Standard diagnostic assessment" means the assessment described in section
245I.10, subdivision 6.

deleted text begin (g)deleted text endnew text begin (h)new text end "Family" means a person who is identified by the client or the client's parent or
guardian as being important to the client's mental health treatment. Family may include,
but is not limited to, parents, foster parents, children, spouse, committed partners, former
spouses, persons related by blood or adoption, persons who are a part of the client's
permanency plan, or persons who are presently residing together as a family unit.

deleted text begin (h)deleted text endnew text begin (i)new text end "Foster care" has the meaning given in section 260C.007, subdivision 18.

deleted text begin (i)deleted text endnew text begin (j)new text end "Foster family setting" means the foster home in which the license holder resides.

deleted text begin (j)deleted text endnew text begin (k)new text end "Individual treatment plan" means the plan described in section 245I.10,
subdivisions 7
and 8.

deleted text begin (k)deleted text endnew text begin (l)new text end "Mental health certified family peer specialist" means a staff person who is
qualified according to section 245I.04, subdivision 12.

deleted text begin (l)deleted text endnew text begin (m)new text end "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

deleted text begin (m)deleted text endnew text begin (n)new text end "Mental illness" has the meaning given in section 245I.02, subdivision 29.

deleted text begin (n)deleted text endnew text begin (o)new text end "Parent" has the meaning given in section 260C.007, subdivision 25.

deleted text begin (o)deleted text endnew text begin (p)new text end "Psychoeducation services" means information or demonstration provided to an
individual, family, or group to explain, educate, and support the individual, family, or group
in understanding a child's symptoms of mental illness, the impact on the child's development,
and needed components of treatment and skill development so that the individual, family,
or group can help the child to prevent relapse, prevent the acquisition of comorbid disorders,
and achieve optimal mental health and long-term resilience.

deleted text begin (p)deleted text endnew text begin (q)new text end "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11
.

deleted text begin (q)deleted text endnew text begin (r)new text end "Team consultation and treatment planning" means the coordination of treatment
plans and consultation among providers in a group concerning the treatment needs of the
child, including disseminating the child's treatment service schedule to all members of the
service team. Team members must include all mental health professionals working with the
child, a parent, the child unless the team lead or parent deem it clinically inappropriate, and
at least two of the following: an individualized education program case manager; probation
agent; children's mental health case manager; child welfare worker, including adoption or
guardianship worker; primary care provider; foster parent; and any other member of the
child's service team.

deleted text begin (r)deleted text endnew text begin (s)new text end "Trauma" has the meaning given in section 245I.02, subdivision 38.

deleted text begin (s)deleted text endnew text begin (t)new text end "Treatment supervision" means the supervision described under section 245I.06.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 71.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 2, is
amended to read:


Subd. 2.

Determination of client eligibility.

An eligible recipient is an individual, from
birth through age 20, who is currently placed in a foster home licensed under Minnesota
Rules, parts 2960.3000 to 2960.3340, or placed in a foster home licensed under the
regulations established by a federally recognized Minnesota Tribe, new text beginor who is residing in the
legal guardian's home and is at risk of out-of-home placement,
new text endand has received: (1) a
standard diagnostic assessment within 180 days before the start of service that documents
that intensive new text beginbehavioral healthnew text end treatment services are medically necessary deleted text beginwithin a foster
family setting
deleted text end to ameliorate identified symptoms and functional impairments; and (2) a level
of care assessment as defined in section 245I.02, subdivision 19, that demonstrates that the
individual requires intensive intervention without 24-hour medical monitoring, and a
functional assessment as defined in section 245I.02, subdivision 17. The level of care
assessment and the functional assessment must include information gathered from the
placing county, Tribe, or case manager.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 72.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 3, is
amended to read:


Subd. 3.

Eligible mental health services providers.

(a) Eligible providers for new text beginchildren'snew text end
intensive deleted text beginchildren's mental healthdeleted text end new text beginbehavioral healthnew text end services deleted text beginin a foster family settingdeleted text end must
be certified by the state deleted text beginand have a service provision contract with a county board or a
reservation tribal council
deleted text end and must be able to demonstrate the ability to provide all of the
services required in this section and meet the standards in chapter 245I, as required in section
245I.011, subdivision 5.

(b) For purposes of this section, a provider agency must be:

(1) a county-operated entity certified by the state;

(2) an Indian Health Services facility operated by a Tribe or Tribal organization under
funding authorized by United States Code, title 25, sections 450f to 450n, or title 3 of the
Indian Self-Determination Act, Public Law 93-638, section 638 (facilities or providers); or

(3) a noncounty entity.

(c) Certified providers that do not meet the service delivery standards required in this
section shall be subject to a decertification process.

(d) For the purposes of this section, all services delivered to a client must be provided
by a mental health professional or a clinical trainee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 73.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 4, is
amended to read:


Subd. 4.

Service delivery payment requirements.

(a) To be eligible for payment under
this section, a provider must develop and practice written policies and procedures for
new text begin children'snew text end intensive deleted text begintreatment in foster caredeleted text endnew text begin behavioral health servicesnew text end, consistent with
subdivision 1, paragraph (b), and comply with the following requirements in paragraphs
(b) to (n).

(b) Each previous and current mental health, school, and physical health treatment
provider must be contacted to request documentation of treatment and assessments that the
eligible client has received. This information must be reviewed and incorporated into the
standard diagnostic assessment and team consultation and treatment planning review process.

(c) Each client receiving treatment must be assessed for a trauma history, and the client's
treatment plan must document how the results of the assessment will be incorporated into
treatment.

(d) The level of care assessment as defined in section 245I.02, subdivision 19, and
functional assessment as defined in section 245I.02, subdivision 17, must be updated at
least every 90 days or prior to discharge from the service, whichever comes first.

(e) Each client receiving treatment services must have an individual treatment plan that
is reviewed, evaluated, and approved every 90 days using the team consultation and treatment
planning process.

(f) Clinical care consultation must be provided in accordance with the client's individual
treatment plan.

(g) Each client must have a crisis plan within ten days of initiating services and must
have access to clinical phone support 24 hours per day, seven days per week, during the
course of treatment. The crisis plan must demonstrate coordination with the local or regional
mobile crisis intervention team.

(h) Services must be delivered and documented at least three days per week, equaling
at least six hours of treatment per week. If the mental health professional, client, and family
agree, service units may be temporarily reduced for a period of no more than 60 days in
order to meet the needs of the client and family, or as part of transition or on a discharge
plan to another service or level of care. The reasons for service reduction must be identified,
documented, and included in the treatment plan. Billing and payment are prohibited for
days on which no services are delivered and documented.

(i) Location of service delivery must be in the client's home, day care setting, school, or
other community-based setting that is specified on the client's individualized treatment plan.

(j) Treatment must be developmentally and culturally appropriate for the client.

(k) Services must be delivered in continual collaboration and consultation with the
client's medical providers and, in particular, with prescribers of psychotropic medications,
including those prescribed on an off-label basis. Members of the service team must be aware
of the medication regimen and potential side effects.

(l) Parents, siblings, foster parents, new text beginlegal guardians, new text endand members of the child's
permanency plan must be involved in treatment and service delivery unless otherwise noted
in the treatment plan.

(m) Transition planning for deleted text beginthedeleted text endnew text begin anew text end child new text beginin foster care new text endmust be conducted starting with
the first treatment plan and must be addressed throughout treatment to support the child's
permanency plan and postdischarge mental health service needs.

(n) In order for a provider to receive the daily per-client encounter rate, at least one of
the services listed in subdivision 1, paragraph (b), clauses (1) to (3), must be provided. The
services listed in subdivision 1, paragraph (b), clauses (4) and (5), may be included as part
of the daily per-client encounter rate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 74.

Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 6, is
amended to read:


Subd. 6.

Excluded services.

(a) Services in clauses (1) to (7) are not covered under this
section and are not eligible for medical assistance payment as components of new text beginchildren's
new text end intensive deleted text begintreatment in foster caredeleted text endnew text begin behavioral healthnew text end services, but may be billed separately:

(1) inpatient psychiatric hospital treatment;

(2) mental health targeted case management;

(3) partial hospitalization;

(4) medication management;

(5) children's mental health day treatment services;

(6) crisis response services under section 256B.0624;

(7) transportation; and

(8) mental health certified family peer specialist services under section 256B.0616.

(b) Children receiving intensive deleted text begintreatment in foster caredeleted text endnew text begin behavioral healthnew text end services are
not eligible for medical assistance reimbursement for the following services while receiving
new text begin children's new text endintensive deleted text begintreatment in foster caredeleted text endnew text begin behavioral health servicesnew text end:

(1) psychotherapy and skills training components of children's therapeutic services and
supports under section 256B.0943;

(2) mental health behavioral aide services as defined in section 256B.0943, subdivision
1, paragraph (l);

(3) home and community-based waiver services;

(4) mental health residential treatment; and

(5) room and board costs as defined in section 256I.03, subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 75.

Minnesota Statutes 2020, section 256B.0946, subdivision 7, is amended to read:


Subd. 7.

Medical assistance payment and rate setting.

The commissioner shall establish
a single daily per-client encounter rate for new text beginchildren's new text endintensive deleted text begintreatment in foster caredeleted text endnew text begin
behavioral health
new text end services. The rate must be constructed to cover only eligible services
delivered to an eligible recipient by an eligible provider, as prescribed in subdivision 1,
paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, 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. 76.

Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

For purposes of this section, the following terms have the meanings
given them.

(a) "Intensive nonresidential rehabilitative mental health services" means child
rehabilitative mental health services as defined in section 256B.0943, except that these
services are provided by a multidisciplinary staff using a total team approach consistent
with assertive community treatment, as adapted for youth, and are directed to recipients
who are eight years of age or older and under deleted text begin26deleted text endnew text begin 21new text end years of age who require intensive
services to prevent admission to an inpatient psychiatric hospital or placement in a residential
treatment facility or who require intensive services to step down from inpatient or residential
care to community-based care.

(b) "Co-occurring mental illness and substance use disorder" means a dual diagnosis of
at least one form of mental illness and at least one substance use disorder. Substance use
disorders include alcohol or drug abuse or dependence, excluding nicotine use.

(c) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6
.

(d) "Medication education services" means services provided individually or in groups,
which focus on:

(1) educating the client and client's family or significant nonfamilial supporters about
mental illness and symptoms;

(2) the role and effects of medications in treating symptoms of mental illness; and

(3) the side effects of medications.

Medication education is coordinated with medication management services and does not
duplicate it. Medication education services are provided by physicians, pharmacists, or
registered nurses with certification in psychiatric and mental health care.

(e) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(f) "Provider agency" means a for-profit or nonprofit organization established to
administer an assertive community treatment for youth team.

(g) "Substance use disorders" means one or more of the disorders defined in the diagnostic
and statistical manual of mental disorders, current edition.

(h) "Transition services" means:

(1) activities, materials, consultation, and coordination that ensures continuity of the
client's care in advance of and in preparation for the client's move from one stage of care
or life to another by maintaining contact with the client and assisting the client to establish
provider relationships;

(2) providing the client with knowledge and skills needed posttransition;

(3) establishing communication between sending and receiving entities;

(4) supporting a client's request for service authorization and enrollment; and

(5) establishing and enforcing procedures and schedules.

A youth's transition from the children's mental health system and services to the adult
mental health system and services and return to the client's home and entry or re-entry into
community-based mental health services following discharge from an out-of-home placement
or inpatient hospital stay.

(i) "Treatment team" means all staff who provide services to recipients under this section.

(j) "Family peer specialist" means a staff person who is qualified under section
256B.0616.

Sec. 77.

Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 3, is
amended to read:


Subd. 3.

Client eligibility.

An eligible recipient is an individual who:

(1) is eight years of age or older and under deleted text begin26deleted text endnew text begin 21new text end years of age;

(2) is diagnosed with a serious mental illness or co-occurring mental illness and substance
use disorder, for which intensive nonresidential rehabilitative mental health services are
needed;

(3) has received a level of care assessment as defined in section 245I.02, subdivision
19
, that indicates a need for intensive integrated intervention without 24-hour medical
monitoring and a need for extensive collaboration among multiple providers;

(4) has received a functional assessment as defined in section 245I.02, subdivision 17,
that indicates functional impairment and a history of difficulty in functioning safely and
successfully in the community, school, home, or job; or who is likely to need services from
the adult mental health system during adulthood; and

(5) has had a recent standard diagnostic assessment that documents that intensive
nonresidential rehabilitative mental health services are medically necessary to ameliorate
identified symptoms and functional impairments and to achieve individual transition goals.

Sec. 78.

Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 5, is
amended to read:


Subd. 5.

Standards for intensive nonresidential rehabilitative providers.

(a) Services
must meet the standards in this section and chapter 245I as required in section 245I.011,
subdivision 5
.

(b) The treatment team must have specialized training in providing services to the specific
age group of youth that the team serves. An individual treatment team must serve youth
who are: (1) at least eight years of age or older and under 16 years of age, or (2) at least 14
years of age or older and under deleted text begin26deleted text endnew text begin 21new text end years of age.

(c) The treatment team for intensive nonresidential rehabilitative mental health services
comprises both permanently employed core team members and client-specific team members
as follows:

(1) Based on professional qualifications and client needs, clinically qualified core team
members are assigned on a rotating basis as the client's lead worker to coordinate a client's
care. The core team must comprise at least four full-time equivalent direct care staff and
must minimally include:

(i) a mental health professional who serves as team leader to provide administrative
direction and treatment supervision to the team;

(ii) an advanced-practice registered nurse with certification in psychiatric or mental
health care or a board-certified child and adolescent psychiatrist, either of which must be
credentialed to prescribe medications;

(iii) a licensed alcohol and drug counselor who is also trained in mental health
interventions; and

(iv) a mental health certified peer specialist who is qualified according to section 245I.04,
subdivision 10
, and is also a former children's mental health consumer.

(2) The core team may also include any of the following:

(i) additional mental health professionals;

(ii) a vocational specialist;

(iii) an educational specialist with knowledge and experience working with youth
regarding special education requirements and goals, special education plans, and coordination
of educational activities with health care activities;

(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;

(v) a clinical trainee qualified according to section 245I.04, subdivision 6;

(vi) a mental health practitioner qualified according to section 245I.04, subdivision 4;

(vii) a case management service provider, as defined in section 245.4871, subdivision
4
;

(viii) a housing access specialist; and

(ix) a family peer specialist as defined in subdivision 2, paragraph (j).

(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc
members not employed by the team who consult on a specific client and who must accept
overall clinical direction from the treatment team for the duration of the client's placement
with the treatment team and must be paid by the provider agency at the rate for a typical
session by that provider with that client or at a rate negotiated with the client-specific
member. Client-specific treatment team members may include:

(i) the mental health professional treating the client prior to placement with the treatment
team;

(ii) the client's current substance use counselor, if applicable;

(iii) a lead member of the client's individualized education program team or school-based
mental health provider, if applicable;

(iv) a representative from the client's health care home or primary care clinic, as needed
to ensure integration of medical and behavioral health care;

(v) the client's probation officer or other juvenile justice representative, if applicable;
and

(vi) the client's current vocational or employment counselor, if applicable.

(d) The treatment supervisor shall be an active member of the treatment team and shall
function as a practicing clinician at least on a part-time basis. The treatment team shall meet
with the treatment supervisor at least weekly to discuss recipients' progress and make rapid
adjustments to meet recipients' needs. The team meeting must include client-specific case
reviews and general treatment discussions among team members. Client-specific case
reviews and planning must be documented in the individual client's treatment record.

(e) The staffing ratio must not exceed ten clients to one full-time equivalent treatment
team position.

(f) The treatment team shall serve no more than 80 clients at any one time. Should local
demand exceed the team's capacity, an additional team must be established rather than
exceed this limit.

(g) Nonclinical staff shall have prompt access in person or by telephone to a mental
health practitioner, clinical trainee, or mental health professional. The provider shall have
the capacity to promptly and appropriately respond to emergent needs and make any
necessary staffing adjustments to ensure the health and safety of clients.

(h) The intensive nonresidential rehabilitative mental health services provider shall
participate in evaluation of the assertive community treatment for youth (Youth ACT) model
as conducted by the commissioner, including the collection and reporting of data and the
reporting of performance measures as specified by contract with the commissioner.

(i) A regional treatment team may serve multiple counties.

Sec. 79.

Minnesota Statutes 2020, section 256B.0949, subdivision 15, is amended to read:


Subd. 15.

EIDBI provider qualifications.

(a) A QSP must be employed by an agency
and be:

(1) a licensed mental health professional who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
development; or

(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
typical child development.

(b) A level I treatment provider must be employed by an agency and:

(1) have at least 2,000 hours of supervised clinical experience or training in examining
or treating people with ASD or a related condition or equivalent documented coursework
at the graduate level by an accredited university in ASD diagnostics, ASD developmental
and behavioral treatment strategies, and typical child development or an equivalent
combination of documented coursework or hours of experience; and

(2) have or be at least one of the following:

(i) a master's degree in behavioral health or child development or related fields including,
but not limited to, mental health, special education, social work, psychology, speech
pathology, or occupational therapy from an accredited college or university;

(ii) a bachelor's degree in a behavioral health, child development, or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy, from an accredited college or university, and
advanced certification in a treatment modality recognized by the department;

(iii) a board-certified behavior analyst; or

(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
experience that meets all registration, supervision, and continuing education requirements
of the certification.

(c) A level II treatment provider must be employed by an agency and must be:

(1) a person who has a bachelor's degree from an accredited college or university in a
behavioral or child development science or related field including, but not limited to, mental
health, special education, social work, psychology, speech pathology, or occupational
therapy; and meets at least one of the following:

(i) has at least 1,000 hours of supervised clinical experience or training in examining or
treating people with ASD or a related condition or equivalent documented coursework at
the graduate level by an accredited university in ASD diagnostics, ASD developmental and
behavioral treatment strategies, and typical child development or a combination of
coursework or hours of experience;

(ii) has certification as a board-certified assistant behavior analyst from the Behavior
Analyst Certification Board;

(iii) is a registered behavior technician as defined by the Behavior Analyst Certification
Board; or

(iv) is certified in one of the other treatment modalities recognized by the department;
or

(2) a person who has:

(i) an associate's degree in a behavioral or child development science or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy from an accredited college or university; and

(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
with ASD or a related condition. Hours worked as a mental health behavioral aide or level
III treatment provider may be included in the required hours of experience; or

(3) a person who has at least 4,000 hours of supervised clinical experience in delivering
treatment to people with ASD or a related condition. Hours worked as a mental health
behavioral aide or level III treatment provider may be included in the required hours of
experience; or

(4) a person who is a graduate student in a behavioral science, child development science,
or related field and is receiving clinical supervision by a QSP affiliated with an agency to
meet the clinical training requirements for experience and training with people with ASD
or a related condition; or

(5) a person who is at least 18 years of age and who:

(i) is fluent in a non-English languagenew text begin or an individual certified by a Tribal Nationnew text end;

(ii) completed the level III EIDBI training requirements; and

(iii) receives observation and direction from a QSP or level I treatment provider at least
once a week until the person meets 1,000 hours of supervised clinical experience.

(d) A level III treatment provider must be employed by an agency, have completed the
level III training requirement, be at least 18 years of age, and have at least one of the
following:

(1) a high school diploma or commissioner of education-selected high school equivalency
certification;

(2) fluency in a non-English languagenew text begin or certification by a Tribal Nationnew text end;

(3) one year of experience as a primary personal care assistant, community health worker,
waiver service provider, or special education assistant to a person with ASD or a related
condition within the previous five years; or

(4) completion of all required EIDBI training within six months of employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, 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. 80.

Minnesota Statutes 2020, section 256D.09, subdivision 2a, is amended to read:


Subd. 2a.

Vendor payments for drug dependent persons.

If, at the time of application
or at any other time, there is a reasonable basis for questioning whether a person applying
for or receiving financial assistance is drug dependent, as defined in section 254A.02,
subdivision 5
, the person shall be referred for a chemical health assessment, and only
emergency assistance payments or general assistance vendor payments may be provided
until the assessment is complete and the results of the assessment made available to the
county agency. A reasonable basis for referring an individual for an assessment exists when:

(1) the person has required detoxification two or more times in the past 12 months;

(2) the person appears intoxicated at the county agency as indicated by two or more of
the following:

(i) the odor of alcohol;

(ii) slurred speech;

(iii) disconjugate gaze;

(iv) impaired balance;

(v) difficulty remaining awake;

(vi) consumption of alcohol;

(vii) responding to sights or sounds that are not actually present;

(viii) extreme restlessness, fast speech, or unusual belligerence;

(3) the person has been involuntarily committed for drug dependency at least once in
the past 12 months; or

(4) the person has received treatment, including domiciliary care, for drug abuse or
dependency at least twice in the past 12 months.

The assessment and determination of drug dependency, if any, must be made by an
assessor qualified under deleted text beginMinnesota Rules, part 9530.6615, subpart 2deleted text endnew text begin section 245G.11,
subdivisions 1 and 5
new text end, to perform an assessment of chemical use. The county shall only
provide emergency general assistance or vendor payments to an otherwise eligible applicant
or recipient who is determined to be drug dependent, except up to 15 percent of the grant
amount the person would otherwise receive may be paid in cash. Notwithstanding subdivision
1, the commissioner of human services shall also require county agencies to provide
assistance only in the form of vendor payments to all eligible recipients who assert chemical
dependency as a basis for eligibility under section 256D.05, subdivision 1, paragraph (a),
clauses (1) and (5).

The determination of drug dependency shall be reviewed at least every 12 months. If
the county determines a recipient is no longer drug dependent, the county may cease vendor
payments and provide the recipient payments in cash.

Sec. 81.

Minnesota Statutes 2021 Supplement, section 256L.03, subdivision 2, is amended
to read:


Subd. 2.

Alcohol and drug dependency.

Beginning July 1, 1993, covered health services
shall include individual outpatient treatment of alcohol or drug dependency by a qualified
health professional or outpatient program.

Persons who may need chemical dependency services under the provisions of this chapter
deleted text begin shall be assessed by a local agencydeleted text endnew text begin must be offered access by a local agency to a
comprehensive assessment
new text end as defined under section deleted text begin254B.01deleted text endnew text begin 245G.05new text end, and under the
assessment provisions of section 254A.03, subdivision 3. A local agency or managed care
plan under contract with the Department of Human Services must deleted text beginplacedeleted text endnew text begin offer services tonew text end a
person in need of chemical dependency services deleted text beginas provided in Minnesota Rules, parts
9530.6600 to 9530.6655
deleted text endnew text begin based on the recommendations of section 245G.05new text end. Persons who
are recipients of medical benefits under the provisions of this chapter and who are financially
eligible for behavioral health fund services provided under the provisions of chapter 254B
shall receive chemical dependency treatment services under the provisions of chapter 254B
only if:

(1) they have exhausted the chemical dependency benefits offered under this chapter;
or

(2) an assessment indicates that they need a level of care not provided under the provisions
of this chapter.

Recipients of covered health services under the children's health plan, as provided in
Minnesota Statutes 1990, section 256.936, and as amended by Laws 1991, chapter 292,
article 4, section 17, and recipients of covered health services enrolled in the children's
health plan or the MinnesotaCare program after October 1, 1992, pursuant to Laws 1992,
chapter 549, article 4, sections 5 and 17, are eligible to receive alcohol and drug dependency
benefits under this subdivision.

Sec. 82.

Minnesota Statutes 2020, section 256L.12, subdivision 8, is amended to read:


Subd. 8.

Chemical dependency assessments.

The managed care plan shall be responsible
for assessing the need and deleted text beginplacement fordeleted text endnew text begin provision ofnew text end chemical dependency services
according to criteria set forth in deleted text beginMinnesota Rules, parts 9530.6600 to 9530.6655deleted text endnew text begin section
245G.05
new text end.

Sec. 83.

Minnesota Statutes 2020, section 260B.157, subdivision 1, is amended to read:


Subdivision 1.

Investigation.

Upon request of the court the local social services agency
or probation officer shall investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under section 260B.101 and shall
report its findings to the court. The court may order any minor coming within its jurisdiction
to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the
court.

The court shall order a chemical use assessment conducted when a child is (1) found to
be delinquent for violating a provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer determines that alcohol or
drug use was a contributing factor in the commission of the offense, or (2) alleged to be
delinquent for violating a provision of chapter 152, if the child is being held in custody
under a detention order. The assessor's qualifications new text beginmust comply with section 245G.11,
subdivisions 1 and 5,
new text endand the assessment criteria deleted text beginshalldeleted text endnew text begin mustnew text end comply with deleted text beginMinnesota Rules,
parts 9530.6600 to 9530.6655
deleted text endnew text begin section 245G.05new text end. If funds under chapter 254B are to be used
to pay for the recommended treatment, the assessment deleted text beginand placementdeleted text end must comply with all
provisions of deleted text beginMinnesota Rules, parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030deleted text endnew text begin
sections 245G.05 and 254B.04
new text end. The commissioner of human services shall reimburse the
court for the cost of the chemical use assessment, up to a maximum of $100.

The court shall order a children's mental health screening conducted when a child is
found to be delinquent. The screening shall be conducted with a screening instrument
approved by the commissioner of human services and shall be conducted by a mental health
practitioner as defined in section 245.4871, subdivision 26, or a probation officer who is
trained in the use of the screening instrument. If the screening indicates a need for assessment,
the local social services agency, in consultation with the child's family, shall have a diagnostic
assessment conducted, including a functional assessment, as defined in section 245.4871.

With the consent of the commissioner of corrections and agreement of the county to pay
the costs thereof, the court may, by order, place a minor coming within its jurisdiction in
an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent, in order that the condition of the minor
be given due consideration in the disposition of the case. Any funds received under the
provisions of this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for use
by the commissioner of corrections during that period and are hereby appropriated annually
to the commissioner of corrections as reimbursement of the costs of providing these services
to the juvenile courts.

Sec. 84.

Minnesota Statutes 2020, section 260B.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The local social services agency shall
establish a juvenile treatment screening team to conduct screenings and prepare case plans
under this subdivision. The team, which may be the team constituted under section 245.4885
or 256B.092 or deleted text beginMinnesota Rules, parts 9530.6600 to 9530.6655deleted text endnew text begin chapter 254Bnew text end, shall consist
of social workers, juvenile justice professionals, and persons with expertise in the treatment
of juveniles who are emotionally disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the screening process as appropriate.
The team may be the same team as defined in section 260C.157, subdivision 3.

(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:

(1) for the primary purpose of treatment for an emotional disturbance, and residential
placement is consistent with section 260.012, a developmental disability, or chemical
dependency in a residential treatment facility out of state or in one which is within the state
and licensed by the commissioner of human services under chapter 245A; or

(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
post-dispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall notify the county welfare agency. The county's juvenile
treatment screening team must either:

(i) screen and evaluate the child and file its recommendations with the court within 14
days of receipt of the notice; or

(ii) elect not to screen a given case, and notify the court of that decision within three
working days.

(c) If the screening team has elected to screen and evaluate the child, the child may not
be placed for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency, in a residential treatment facility out of state nor in a
residential treatment facility within the state that is licensed under chapter 245A, unless one
of the following conditions applies:

(1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;

(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or

(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.

Sec. 85.

Minnesota Statutes 2021 Supplement, section 260C.157, subdivision 3, is amended
to read:


Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings under this chapter
and chapter 260D, for a child to receive treatment for an emotional disturbance, a
developmental disability, or related condition in a residential treatment facility licensed by
the commissioner of human services under chapter 245A, or licensed or approved by a
Tribe. A screening team is not required for a child to be in: (1) a residential facility
specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in
high-quality residential care and supportive services to children and youth who have been
or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3)
supervised settings for youth who are 18 years of age or older and living independently; or
(4) a licensed residential family-based treatment facility for substance abuse consistent with
section 260C.190. Screenings are also not required when a child must be placed in a facility
due to an emotional crisis or other mental health emergency.

(b) The responsible social services agency shall conduct screenings within 15 days of a
request for a screening, unless the screening is for the purpose of residential treatment and
the child is enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible
social services agency shall convene the juvenile treatment screening team, which may be
constituted under section 245.4885 deleted text beginordeleted text endnew text begin, 254B.05, ornew text end 256B.092 deleted text beginor Minnesota Rules, parts
9530.6600 to 9530.6655
deleted text end. The team shall consist of social workers; persons with expertise
in the treatment of juveniles who are emotionally disturbed, chemically dependent, or have
a developmental disability; and the child's parent, guardian, or permanent legal custodian.
The team may include the child's relatives as defined in section 260C.007, subdivisions 26b
and 27, the child's foster care provider, and professionals who are a resource to the child's
family such as teachers, medical or mental health providers, and clergy, as appropriate,
consistent with the family and permanency team as defined in section 260C.007, subdivision
16a
. Prior to forming the team, the responsible social services agency must consult with the
child's parents, the child if the child is age 14 or older, and, if applicable, the child's Tribe
to obtain recommendations regarding which individuals to include on the team and to ensure
that the team is family-centered and will act in the child's best interests. If the child, child's
parents, or legal guardians raise concerns about specific relatives or professionals, the team
should not include those individuals. This provision does not apply to paragraph (c).

(c) If the agency provides notice to Tribes under section 260.761, and the child screened
is an Indian child, the responsible social services agency must make a rigorous and concerted
effort to include a designated representative of the Indian child's Tribe on the juvenile
treatment screening team, unless the child's Tribal authority declines to appoint a
representative. The Indian child's Tribe may delegate its authority to represent the child to
any other federally recognized Indian Tribe, as defined in section 260.755, subdivision 12.
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, apply to this section.

(d) If the court, prior to, or as part of, a final disposition or other court order, proposes
to place a child with an emotional disturbance or developmental disability or related condition
in residential treatment, the responsible social services agency must conduct a screening.
If the team recommends treating the child in a qualified residential treatment program, the
agency must follow the requirements of sections 260C.70 to 260C.714.

The court shall ascertain whether the child is an Indian child and shall notify the
responsible social services agency and, if the child is an Indian child, shall notify the Indian
child's Tribe as paragraph (c) requires.

(e) When the responsible social services agency is responsible for placing and caring
for the child and the screening team recommends placing a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
begin the assessment and processes required in section 260C.704 without delay; and (2)
conduct a relative search according to section 260C.221 to assemble the child's family and
permanency team under section 260C.706. Prior to notifying relatives regarding the family
and permanency team, the responsible social services agency must consult with the child's
parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
Tribe to ensure that the agency is providing notice to individuals who will act in the child's
best interests. The child and the child's parents may identify a culturally competent qualified
individual to complete the child's assessment. The agency shall make efforts to refer the
assessment to the identified qualified individual. The assessment may not be delayed for
the purpose of having the assessment completed by a specific qualified individual.

(f) When a screening team determines that a child does not need treatment in a qualified
residential treatment program, the screening team must:

(1) document the services and supports that will prevent the child's foster care placement
and will support the child remaining at home;

(2) document the services and supports that the agency will arrange to place the child
in a family foster home; or

(3) document the services and supports that the agency has provided in any other setting.

(g) When the Indian child's Tribe or Tribal health care services provider or Indian Health
Services provider proposes to place a child for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's Tribe or the Tribe delegated by the child's Tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's Tribe to designate a representative to the screening
team.

(h) The responsible social services agency must conduct and document the screening in
a format approved by the commissioner of human services.

Sec. 86.

Minnesota Statutes 2020, section 260E.20, subdivision 1, is amended to read:


Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.

(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.

(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.

(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.

(f) In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence.

(g) If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency deleted text beginshall conduct a chemical usedeleted text endnew text begin must coordinate a comprehensivenew text end
assessment pursuant to deleted text beginMinnesota Rules, part 9530.6615deleted text endnew text begin section 245G.05new text end.

(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

Sec. 87.

Minnesota Statutes 2020, section 299A.299, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county, a multicounty organization of counties
formed by an agreement under section 471.59, or a city with a population of no more than
50,000, may establish a multidisciplinary chemical abuse prevention team. The chemical
abuse prevention team may include, but not be limited to, representatives of health, mental
health, public health, law enforcement, educational, social service, court service, community
education, religious, and other appropriate agencies, and parent and youth groups. For
purposes of this section, "chemical abuse" has the meaning given in deleted text beginMinnesota Rules, part
9530.6605, subpart 6
deleted text endnew text begin section 254A.02, subdivision 6anew text end. When possible the team must
coordinate its activities with existing local groups, organizations, and teams dealing with
the same issues the team is addressing.

Sec. 88.

Laws 2021, First Special Session chapter 7, article 17, section 1, subdivision 2,
is amended to read:


Subd. 2.

Eligibility.

An individual is eligible for the transition to community initiative
if the individual does not meet eligibility criteria for the medical assistance program under
section 256B.056 or 256B.057, but who meets at least one of the following criteria:

(1) the person otherwise meets the criteria under section 256B.092, subdivision 13, or
256B.49, subdivision 24;

(2) the person has met treatment objectives and no longer requires a hospital-level care
or a secure treatment setting, but the person's discharge from the Anoka Metro Regional
Treatment Center, the Minnesota Security Hospital, or a community behavioral health
hospital would be substantially delayed without additional resources available through the
transitions to community initiative;

(3) the person is in a community hospital deleted text beginand on the waiting list for the Anoka Metro
Regional Treatment Center
deleted text end, but alternative community living options would be appropriate
for the persondeleted text begin, and the person has received approval from the commissionerdeleted text end; or

(4)(i) the person is receiving customized living services reimbursed under section
256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or
community residential services reimbursed under section 256B.4914; (ii) the person expresses
a desire to move; and (iii) the person has received approval from the commissioner.

Sec. 89.

Laws 2021, First Special Session chapter 7, article 17, section 11, is amended to
read:


Sec. 11. EXPAND MOBILE CRISIS.

deleted text begin (a)deleted text end This act includes $8,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023
for additional funding for grants for adult mobile crisis services under Minnesota Statutes,
section 245.4661, subdivision 9, paragraph (b), clause (15)new text begin and children's mobile crisis
services under Minnesota Statutes, section 256B.0944
new text end. The general fund base in this act for
this purpose is deleted text begin$4,000,000deleted text endnew text begin $8,000,000new text end in fiscal year 2024 and deleted text begin$0deleted text endnew text begin $8,000,000new text end in fiscal year
2025.

deleted text begin (b) Beginning April 1, 2024, counties may fund and continue conducting activities
funded under this section.
deleted text end

deleted text begin (c) All grant activities must be completed by March 31, 2024.
deleted text end

deleted text begin (d) This section expires June 30, 2024.
deleted text end

Sec. 90.

Laws 2021, First Special Session chapter 7, article 17, section 12, is amended to
read:


Sec. 12. deleted text beginPSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AND CHILD
AND ADOLESCENT
deleted text endnew text begin ADULT AND CHILDREN'Snew text end MOBILE TRANSITION deleted text beginUNITdeleted text endnew text begin
UNITS
new text end.

(a) This act includes $2,500,000 in fiscal year 2022 and $2,500,000 in fiscal year 2023
for the commissioner of human services to create new text beginadult and new text endchildren's mental health transition
and support teams to facilitate transition back to the community deleted text beginof childrendeleted text endnew text begin or to the least
restrictive level of care
new text end from new text begininpatient new text endpsychiatric new text beginsettings, emergency departments, new text endresidential
treatment facilities, and child and adolescent behavioral health hospitals. The general fund
base included in this act for this purpose is $1,875,000 in fiscal year 2024 and $0 in fiscal
year 2025.

(b) Beginning April 1, 2024, counties may fund and continue conducting activities
funded under this section.

(c) This section expires March 31, 2024.

Sec. 91. new text beginRATE INCREASE FOR MENTAL HEALTH ADULT DAY TREATMENT.
new text end

new text begin The commissioner of human services must increase the reimbursement rate for adult
day treatment by 50 percent over the reimbursement rate in effect as of June 30, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or 60 days following
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. 92. new text beginDIRECTION TO COMMISSIONER.
new text end

new text begin The commissioner must update the behavioral health fund room and board rate schedule
to include programs providing children's mental health crisis admissions and stabilization
under Minnesota Statutes, section 245.4882, subdivision 6. The commissioner must establish
room and board rates commensurate with current room and board rates for adolescent
programs licensed under Minnesota Statutes, section 245G.18.
new text end

Sec. 93. new text beginDIRECTION TO COMMISSIONER; BEHAVIORAL HEALTH FUND
ALLOCATION.
new text end

new text begin The commissioner of human services, in consultation with counties and Tribal Nations,
must make recommendations on an updated allocation to local agencies from funds allocated
under Minnesota Statutes, section 254B.02, subdivision 5. The commissioner must submit
the recommendations to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance and policy by January
1, 2024.
new text end

Sec. 94. new text beginDIRECTION TO COMMISSIONER; MEDICATION-ASSISTED THERAPY
SERVICES PAYMENT METHODOLOGY.
new text end

new text begin The commissioner of human services shall revise the payment methodology for
medication-assisted therapy services under Minnesota Statutes, section 254B.05, subdivision
5, paragraph (b), clause (6). The revised payment methodology must only allow payment
if the provider renders the service or services billed on the specified date of service or, in
the case of drugs and drug-related services, within a week of the specified date of service,
as defined by the commissioner. The revised payment methodology must include a weekly
bundled rate, based on the Medicare rate, that includes the costs of drugs; drug administration
and observation; drug packaging and preparation; and nursing time. The commissioner shall
seek all necessary waivers, state plan amendments, and federal authorizations required to
implement the revised payment methodology.
new text end

Sec. 95. new text beginREVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the terms "medication-assisted treatment" and
"medication-assisted therapy" or similar terms to "substance use disorder treatment with
medications for opioid use disorder" whenever the terms appear in Minnesota Statutes and
Minnesota Rules. The revisor may make technical and other necessary grammatical changes
related to the term change.
new text end

new text begin (b) The revisor of statutes shall change the term "intensive treatment in foster care" or
similar terms to "children's intensive behavioral health services" wherever they appear in
Minnesota Statutes and Minnesota Rules when referring to those providers and services
regulated under Minnesota Statutes, section 256B.0946. The revisor shall make technical
and grammatical changes related to the changes in terms.
new text end

Sec. 96. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 169A.70, subdivision 6; 245G.22, subdivision 19;
254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a and 2; 254B.04,
subdivisions 2b and 2c; and 254B.041, subdivision 2,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 5, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a,
19, 20, and 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, and 6;
9530.7020, subparts 1, 1a, and 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; and
9530.7030, subpart 1,
new text end new text begin are repealed.
new text end

ARTICLE 4

CONTINUING CARE FOR OLDER ADULTS POLICY

Section 1.

Minnesota Statutes 2020, section 245A.14, subdivision 14, is amended to read:


Subd. 14.

Attendance records for publicly funded services.

(a) A child care center
licensed under this chapter and according to Minnesota Rules, chapter 9503, must maintain
documentation of actual attendance for each child receiving care for which the license holder
is reimbursed by a governmental program. The records must be accessible to the
commissioner during the program's hours of operation, they must be completed on the actual
day of attendance, and they must include:

(1) the first and last name of the child;

(2) the time of day that the child was dropped off; and

(3) the time of day that the child was picked up.

(b) A family child care provider licensed under this chapter and according to Minnesota
Rules, chapter 9502, must maintain documentation of actual attendance for each child
receiving care for which the license holder is reimbursed for the care of that child by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, they must be completed on the actual day of attendance, and
they must include:

(1) the first and last name of the child;

(2) the time of day that the child was dropped off; and

(3) the time of day that the child was picked up.

(c) An adult day services program licensed under this chapter and according to Minnesota
Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual attendance
for each adult day service recipient for which the license holder is reimbursed by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, they must be completed on the actual day of attendance, and
they must include:

(1) the first, middle, and last name of the recipient;

(2) the time of day that the recipient was dropped off; and

(3) the time of day that the recipient was picked up.

(d) deleted text beginThe commissioner shall not issue a correction for attendance record errors that occur
before August 1, 2013.
deleted text endnew text begin Adult day services programs licensed under this chapter that are
designated for remote adult day services must maintain documentation of actual participation
for each adult day service recipient for whom the license holder is reimbursed by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, must be completed on the actual day service is provided, and
must include the:
new text end

new text begin (1) first, middle, and last name of the recipient;
new text end

new text begin (2) time of day the remote services started;
new text end

new text begin (3) time of day that the remote services ended; and
new text end

new text begin (4) means by which the remote services were provided, through audio remote services
or through audio and video remote services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2.

new text begin [245A.70] REMOTE ADULT DAY SERVICES.
new text end

new text begin (a) For the purposes of sections 245A.70 to 245A.75, the following terms have the
meanings given.
new text end

new text begin (b) "Adult day care" and "adult day services" have the meanings given in section 245A.02,
subdivision 2a.
new text end

new text begin (c) "Remote adult day services" means an individualized and coordinated set of services
provided via live two-way communication by an adult day care or adult day services center.
new text end

new text begin (d) "Live two-way communication" means real-time audio or audio and video
transmission of information between a participant and an actively involved staff member.
new text end

Sec. 3.

new text begin [245A.71] APPLICABILITY AND SCOPE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensing requirements. new text end

new text begin Adult day care centers or adult day services
centers that provide remote adult day services must be licensed under this chapter and
comply with the requirements set forth in this section.
new text end

new text begin Subd. 2. new text end

new text begin Standards for licensure. new text end

new text begin License holders seeking to provide remote adult day
services must submit a request in the manner prescribed by the commissioner. Remote adult
day services must not be delivered until approved by the commissioner. The designation to
provide remote services is voluntary for license holders. Upon approval, the designation of
approval for remote adult day services must be printed on the center's license, and identified
on the commissioner's public website.
new text end

new text begin Subd. 3. new text end

new text begin Federal requirements. new text end

new text begin Adult day care centers or adult day services centers
that provide remote adult day services to participants receiving alternative care under section
256B.0913, essential community supports under section 256B.0922, or home and
community-based services waivers under chapter 256S or section 256B.092 or 256B.49
must comply with federally approved waiver plans.
new text end

new text begin Subd. 4. new text end

new text begin Service limitations. new text end

new text begin Remote adult day services must be provided during the
days and hours of in-person services specified on the license of the adult day care center or
adult day services center.
new text end

Sec. 4.

new text begin [245A.72] RECORD REQUIREMENTS.
new text end

new text begin Adult day care centers and adult day services centers providing remote adult day services
must comply with participant record requirements set forth in Minnesota Rules, part
9555.9660. The center must document how remote services will help a participant reach
the short- and long-term objectives in the participant's plan of care.
new text end

Sec. 5.

new text begin [245A.73] REMOTE ADULT DAY SERVICES STAFF.
new text end

new text begin Subdivision 1. new text end

new text begin Staff ratios. new text end

new text begin (a) A staff person who provides remote adult day services
without two-way interactive video must only provide services to one participant at a time.
new text end

new text begin (b) A staff person who provides remote adult day services through two-way interactive
video must not provide services to more than eight participants at one time.
new text end

new text begin Subd. 2. new text end

new text begin Staff training. new text end

new text begin A center licensed under section 245A.71 must document training
provided to each staff person regarding the provision of remote services in the staff person's
record. The training must be provided prior to a staff person delivering remote adult day
services without supervision. The training must include:
new text end

new text begin (1) how to use the equipment, technology, and devices required to provide remote adult
day services via live two-way communication;
new text end

new text begin (2) orientation and training on each participant's plan of care as directly related to remote
adult day services; and
new text end

new text begin (3) direct observation by a manager or supervisor of the staff person while providing
supervised remote service delivery sufficient to assess staff competency.
new text end

Sec. 6.

new text begin [245A.74] INDIVIDUAL SERVICE PLANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) A person must be eligible for and receiving in-person
adult day services to receive remote adult day services from the same provider. The same
provider must deliver both in-person adult day services and remote adult day services to a
participant.
new text end

new text begin (b) The license holder must update the participant's plan of care according to Minnesota
Rules, part 9555.9700.
new text end

new text begin (c) For a participant who chooses to receive remote adult day services, the license holder
must document in the participant's plan of care the participant's proposed schedule and
frequency for receiving both in-person and remote services. The license holder must also
document in the participant's plan of care that remote services:
new text end

new text begin (1) are chosen as a service delivery method by the participant or the participant's legal
representative;
new text end

new text begin (2) will meet the participant's assessed needs;
new text end

new text begin (3) are provided within the scope of adult day services; and
new text end

new text begin (4) will help the participant achieve identified short and long-term objectives specific
to the provision of remote adult day services.
new text end

new text begin Subd. 2. new text end

new text begin Participant daily service limitations. new text end

new text begin In a 24-hour period, a participant may
receive:
new text end

new text begin (1) a combination of in-person adult day services and remote adult day services on the
same day but not at the same time;
new text end

new text begin (2) a combination of in-person and remote adult day services that does not exceed 12
hours in total; and
new text end

new text begin (3) up to six hours of remote adult day services.
new text end

new text begin Subd. 3. new text end

new text begin Minimum in-person requirement. new text end

new text begin A participant who receives remote services
must receive services in-person as assigned in the participant's plan of care at least quarterly.
new text end

Sec. 7.

new text begin [245A.75] SERVICE AND PROGRAM REQUIREMENTS.
new text end

new text begin Remote adult day services must be in the scope of adult day services provided in
Minnesota Rules, part 9555.9710, subparts 3 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 8.

Minnesota Statutes 2020, section 256R.02, subdivision 4, is amended to read:


Subd. 4.

Administrative costs.

"Administrative costs" means the identifiable costs for
administering the overall activities of the nursing home. These costs include salaries and
wages of the administrator, assistant administrator, business office employees, security
guards, new text beginpurchasing and inventory employees, new text endand associated fringe benefits and payroll
taxes, fees, contracts, or purchases related to business office functions, licenses, permits
except as provided in the external fixed costs category, employee recognition, travel including
meals and lodging, all training except as specified in subdivision 17, voice and data
communication or transmission, office supplies, property and liability insurance and other
forms of insurance except insurance that is a fringe benefit under subdivision 22, personnel
recruitment, legal services, accounting services, management or business consultants, data
processing, information technology, website, central or home office costs, business meetings
and seminars, postage, fees for professional organizations, subscriptions, security services,
new text begin nonpromotional new text endadvertising, board of directors fees, working capital interest expense, bad
debts, bad debt collection fees, and costs incurred for travel and deleted text beginhousingdeleted text endnew text begin lodgingnew text end for persons
employed by a new text beginMinnesota-registered new text endsupplemental nursing services agency as defined in
section 144A.70, subdivision 6.

Sec. 9.

Minnesota Statutes 2020, section 256R.02, subdivision 17, is amended to read:


Subd. 17.

Direct care costs.

"Direct care costs" means costs for the wages of nursing
administration, direct care registered nurses, licensed practical nurses, certified nursing
assistants, trained medication aides, employees conducting training in resident care topics
and associated fringe benefits and payroll taxes; services from a new text beginMinnesota-registered
new text end supplemental nursing services agencynew text begin up to the maximum allowable charges under section
144A.74, excluding associated lodging and travel costs
new text end; supplies that are stocked at nursing
stations or on the floor and distributed or used individually, including, but not limited to:
new text begin rubbing new text endalcoholnew text begin or alcohol swabsnew text end, applicators, cotton balls, incontinence pads, disposable
ice bags, dressings, bandages, water pitchers, tongue depressors, disposable gloves, enemas,
enema equipment, new text beginpersonal hygiene new text endsoap, medication cups, diapers, deleted text beginplastic waste bags,deleted text end
sanitary products, new text begindisposable new text endthermometers, hypodermic needles and syringes, deleted text beginclinical
reagents or similar diagnostic agents,
deleted text end drugs deleted text beginthat are not paiddeleted text endnew text begin not payablenew text end on a separate fee
schedule by the medical assistance program or any other payer, and deleted text begintechnology relateddeleted text endnew text begin
clinical software costs specific
new text end to the provision of nursing care to residents, such as electronic
charting systems; costs of materials used for resident care training, and training courses
outside of the facility attended by direct care staff on resident care topics; and costs for
nurse consultants, pharmacy consultants, and medical directors. Salaries and payroll taxes
for nurse consultants who work out of a central office must be allocated proportionately by
total resident days or by direct identification to the nursing facilities served by those
consultants.

Sec. 10.

Minnesota Statutes 2020, section 256R.02, subdivision 18, is amended to read:


Subd. 18.

Employer health insurance costs.

"Employer health insurance costs" means
premium expenses for group coveragedeleted text begin;deleted text endnew text begin andnew text end actual expenses incurred for self-insured plans,
including deleted text beginreinsurance;deleted text endnew text begin actual claims paid, stop-loss premiums, plan fees,new text end and employer
contributions to employee health reimbursement and health savings accounts. new text beginActual costs
of self-insurance plans must not include any allowance for future funding unless the plan
meets the Medicare requirements for reporting on a premium basis when the Medicare
regulations define the actual costs.
new text endPremium and expense costs and contributions are
allowable for (1) all employees and (2) the spouse and dependents of those employees who
are employed on average at least 30 hours per week.

Sec. 11.

Minnesota Statutes 2020, section 256R.02, subdivision 19, is amended to read:


Subd. 19.

External fixed costs.

"External fixed costs" means costs related to the nursing
home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122;
family advisory council fee under section 144A.33; scholarships under section 256R.37;
planned closure rate adjustments under section 256R.40; consolidation rate adjustments
under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d;
single-bed room incentives under section 256R.41; property taxes, special assessments, and
payments in lieu of taxes; employer health insurance costs; quality improvement incentive
payment rate adjustments under section 256R.39; performance-based incentive payments
under section 256R.38; special dietary needs under section 256R.51; deleted text beginrate adjustments for
compensation-related costs for minimum wage changes under section 256R.49 provided
on or after January 1, 2018;
deleted text end Public Employees Retirement Association employer costs; and
border city rate adjustments under section 256R.481.

Sec. 12.

Minnesota Statutes 2020, section 256R.02, subdivision 22, is amended to read:


Subd. 22.

Fringe benefit costs.

"Fringe benefit costs" means the costs for group life,
dental, workers' compensation, short- and long-term disability, long-term care insurance,
accident insurance, supplemental insurance, legal assistance insurance, profit sharing,new text begin child
care costs,
new text end health insurance costs not covered under subdivision 18, including costs associated
with part-time employee family members or retirees, and pension and retirement plan
contributions, except for the Public Employees Retirement Association costs.

Sec. 13.

Minnesota Statutes 2020, section 256R.02, subdivision 29, is amended to read:


Subd. 29.

Maintenance and plant operations costs.

"Maintenance and plant operations
costs" means the costs for the salaries and wages of the maintenance supervisor, engineers,
heating-plant employees, and other maintenance employees and associated fringe benefits
and payroll taxes. It also includes identifiable costs for maintenance and operation of the
building and grounds, including, but not limited to, fuel, electricity, new text beginplastic waste bags,
new text end medical waste and garbage removal, water, sewer, supplies, tools, deleted text beginanddeleted text end repairsnew text begin, and minor
equipment not requiring capitalization under Medicare guidelines
new text end.

Sec. 14.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision
to read:


new text begin Subd. 32a. new text end

new text begin Minor equipment. new text end

new text begin "Minor equipment" means equipment that does not qualify
as either fixed equipment or depreciable movable equipment as defined in section 256R.261.
new text end

Sec. 15.

Minnesota Statutes 2020, section 256R.02, subdivision 42a, is amended to read:


Subd. 42a.

Real estate taxes.

"Real estate taxes" means the real estate tax liability shown
on the annual property tax deleted text beginstatementdeleted text endnew text begin statementsnew text end of the nursing facility for the reporting
period. The term does not include personnel costs or fees for late payment.

Sec. 16.

Minnesota Statutes 2020, section 256R.02, subdivision 48a, is amended to read:


Subd. 48a.

Special assessments.

"Special assessments" means the actual special
assessments and related interest paid during the reporting periodnew text begin that are not voluntary costsnew text end.
The term does not include personnel costs deleted text beginordeleted text endnew text begin,new text end fees for late paymentnew text begin, or special assessments
for projects that are reimbursed in the property rate
new text end.

Sec. 17.

Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision
to read:


new text begin Subd. 53. new text end

new text begin Vested. new text end

new text begin "Vested" means the existence of a legally fixed unconditional right
to a present or future benefit.
new text end

Sec. 18.

Minnesota Statutes 2020, section 256R.07, subdivision 1, is amended to read:


Subdivision 1.

Criteria.

A nursing facility deleted text beginshalldeleted text endnew text begin mustnew text end keep adequate documentation. In
order to be adequate, documentation must:

(1) be maintained in orderly, well-organized files;

(2) not include documentation of more than one nursing facility in one set of files unless
transactions may be traced by the commissioner to the nursing facility's annual cost report;

(3) include a paid invoice or copy of a paid invoice with date of purchase, vendor name
and address, purchaser name and delivery destination address, listing of items or services
purchased, cost of items purchased, account number to which the cost is posted, and a
breakdown of any allocation of costs between accounts or nursing facilities. If any of the
information is not available, the nursing facility deleted text beginshalldeleted text endnew text begin mustnew text end document its good faith attempt
to obtain the information;

(4) include contracts, agreements, amortization schedules, mortgages, other debt
instruments, and all other documents necessary to explain the nursing facility's costs or
revenues; deleted text beginand
deleted text end

(5) new text begininclude signed and dated position descriptions; and
new text end

new text begin (6) new text endbe retained by the nursing facility to support the five most recent annual cost reports.
The commissioner may extend the period of retention if the field audit was postponed
because of inadequate record keeping or accounting practices as in section 256R.13,
subdivisions 2
and 4, the records are necessary to resolve a pending appeal, or the records
are required for the enforcement of sections 256R.04; 256R.05, subdivision 2; 256R.06,
subdivisions 2
, 6, and 7; 256R.08, subdivisions 1 deleted text begintodeleted text endnew text begin andnew text end 3; and 256R.09, subdivisions 3 and
4.

Sec. 19.

Minnesota Statutes 2020, section 256R.07, subdivision 2, is amended to read:


Subd. 2.

Documentation of compensation.

Compensation for personal services,
regardless of whether treated as identifiable costs or costs that are not identifiable, must be
documented on payroll records. Payrolls must be supported by time and attendance or
equivalent records for individual employees. Salaries and wages of employees which are
allocated to more than one cost category must be supported by time distribution records.
deleted text begin The method used must produce a proportional distribution of actual time spent, or an accurate
estimate of time spent performing assigned duties. The nursing facility that chooses to
estimate time spent must use a statistically valid method. The compensation must reflect
an amount proportionate to a full-time basis if the services are rendered on less than a
full-time basis.
deleted text endnew text begin Salary allocations are allowable using the Medicare-approved allocation
basis and methodology only if the salary costs cannot be directly determined, including
when employees provide shared services to noncovered operations.
new text end

Sec. 20.

Minnesota Statutes 2020, section 256R.07, subdivision 3, is amended to read:


Subd. 3.

Adequate documentation supporting nursing facility payrolls.

Payroll
records supporting compensation costs claimed by nursing facilities must be supported by
affirmative time and attendance records prepared by each individual at intervals of not more
than one month. The requirements of this subdivision are met when documentation is
provided under either clause (1) or (2) deleted text beginas followsdeleted text end:

(1) the affirmative time and attendance record must identify the individual's name; the
days worked during each pay period; the number of hours worked each day; and the number
of hours taken each day by the individual for vacation, sick, and other leave. The affirmative
time and attendance record must include a signed verification by the individual and the
individual's supervisor, if any, that the entries reported on the record are correct; or

(2) if the affirmative time and attendance records identifying the individual's name, the
days worked each pay period, the number of hours worked each day, and the number of
hours taken each day by the individual for vacation, sick, and other leave are deleted text beginplaced on
microfilm
deleted text endnew text begin stored electronicallynew text end, equipment must be made available for viewing and printing
deleted text begin them, or if the records are stored as automated data, summary data must be available for
viewing and printing
deleted text endnew text begin the recordsnew text end.

Sec. 21.

Minnesota Statutes 2020, section 256R.08, subdivision 1, is amended to read:


Subdivision 1.

Reporting of financial statements.

(a) No later than February 1 of each
year, a nursing facility deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) provide the state agency with a copy of its audited financial statements or its working
trial balance;

(2) provide the state agency with a statement of ownership for the facility;

(3) provide the state agency with separate, audited financial statements or working trial
balances for every other facility owned in whole or in part by an individual or entity that
has an ownership interest in the facility;

(4) upon request, provide the state agency with separate, audited financial statements or
working trial balances for every organization with which the facility conducts business and
which is owned in whole or in part by an individual or entity which has an ownership interest
in the facility;

(5) provide the state agency with copies of leases, purchase agreements, and other
documents related to the lease or purchase of the nursing facility; and

(6) upon request, provide the state agency with copies of leases, purchase agreements,
and other documents related to the acquisition of equipment, goods, and services which are
claimed as allowable costs.

(b) Audited financial statements submitted under paragraph (a) must include a balance
sheet, income statement, statement of the rate or rates charged to private paying residents,
statement of retained earnings, statement of cash flows, notes to the financial statements,
audited applicable supplemental information, and the public accountant's report. Public
accountants must conduct audits in accordance with chapter 326A. The cost of an audit
deleted text begin shalldeleted text endnew text begin mustnew text end not be an allowable cost unless the nursing facility submits its audited financial
statements in the manner otherwise specified in this subdivision. A nursing facility must
permit access by the state agency to the public accountant's audit work papers that support
the audited financial statements submitted under paragraph (a).

(c) Documents or information provided to the state agency pursuant to this subdivision
deleted text begin shalldeleted text endnew text begin mustnew text end be publicnew text begin unless prohibited by the Health Insurance Portability and Accountability
Act or any other federal or state regulation. Data, notes, and preliminary drafts of reports
created, collected, and maintained by the audit offices of government entities, or persons
performing audits for government entities, and relating to an audit or investigation are
confidential data on individuals or protected nonpublic data until the final report has been
published or the audit or investigation is no longer being pursued actively, except that the
data must be disclosed as required to comply with section 6.67 or 609.456
new text end.

(d) If the requirements of paragraphs (a) and (b) are not met, the reimbursement rate
may be reduced to 80 percent of the rate in effect on the first day of the fourth calendar
month after the close of the reporting period and the reduction deleted text beginshalldeleted text endnew text begin mustnew text end continue until the
requirements are met.

Sec. 22.

Minnesota Statutes 2020, section 256R.09, subdivision 2, is amended to read:


Subd. 2.

Reporting of statistical and cost information.

All nursing facilities deleted text beginshalldeleted text endnew text begin mustnew text end
provide information annually to the commissioner on a form and in a manner determined
by the commissioner. The commissioner may separately require facilities to submit in a
manner specified by the commissioner documentation of statistical and cost information
included in the report to ensure accuracy in establishing payment rates and to perform audit
and appeal review functions under this chapter. The commissioner may also require nursing
facilities to provide statistical and cost information for a subset of the items in the annual
report on a semiannual basis. Nursing facilities deleted text beginshalldeleted text endnew text begin mustnew text end report only costs directly related
to the operation of the nursing facility. The facility deleted text beginshalldeleted text endnew text begin mustnew text end not include costs which are
separately reimbursed new text beginor reimbursable new text endby residents, medical assistance, or other payors.
Allocations of costs from central, affiliated, or corporate office and related organization
transactions shall be reported according to sections 256R.07, subdivision 3, and 256R.12,
subdivisions 1
to 7. The commissioner shall not grant facilities extensions to the filing
deadline.

Sec. 23.

Minnesota Statutes 2020, section 256R.09, subdivision 5, is amended to read:


Subd. 5.

Method of accounting.

The accrual method of accounting in accordance with
generally accepted accounting principles is the only method acceptable for purposes of
satisfying the reporting requirements of this chapter. If a governmentally owned nursing
facility demonstrates that the accrual method of accounting is not applicable to its accounts
and that a cash or modified accrual method of accounting more accurately reports the nursing
facility's financial operations, the commissioner shall permit the governmentally owned
nursing facility to use a cash or modified accrual method of accounting.new text begin For reimbursement
purposes, the accrued expense must be paid by the providers within 180 days following the
end of the reporting period. An expense disallowed by the commissioner under this section
in any cost report period must not be claimed by a provider on a subsequent cost report.
Specific exemptions to the 180-day rule may be granted by the commissioner for documented
contractual arrangements such as receivership, property tax installment payments, and
pension contributions.
new text end

Sec. 24.

Minnesota Statutes 2020, section 256R.13, subdivision 4, is amended to read:


Subd. 4.

Extended record retention requirements.

The commissioner shall extend the
period for retention of records under section 256R.09, subdivision 3, for purposes of
performing field audits as necessary to enforce sections 256R.04; 256R.05, subdivision 2;
256R.06, subdivisions 2, 6, and 7; 256R.08, subdivisions 1 deleted text begintodeleted text endnew text begin andnew text end 3; and 256R.09,
subdivisions 3 and 4, with written notice to the facility postmarked no later than 90 days
prior to the expiration of the record retention requirement.

Sec. 25.

Minnesota Statutes 2020, section 256R.16, subdivision 1, is amended to read:


Subdivision 1.

Calculation of a quality score.

(a) The commissioner shall determine
a quality score for each nursing facility using quality measures established in section
256B.439, according to methods determined by the commissioner in consultation with
stakeholders and experts, and using the most recently available data as provided in the
Minnesota Nursing Home Report Card. These methods deleted text beginshalldeleted text endnew text begin mustnew text end be exempt from the
rulemaking requirements under chapter 14.

(b) For each quality measure, a score deleted text beginshalldeleted text endnew text begin mustnew text end be determined with the number of points
assigned as determined by the commissioner using the methodology established according
to this subdivision. The determination of the quality measures to be used and the methods
of calculating scores may be revised annually by the commissioner.

(c) The quality score deleted text beginshalldeleted text endnew text begin mustnew text end include up to 50 points related to the Minnesota quality
indicators score derived from the minimum data set, up to 40 points related to the resident
quality of life score derived from the consumer survey conducted under section 256B.439,
subdivision 3, and up to ten points related to the state inspection results score.

(d) The commissioner, in cooperation with the commissioner of health, may adjust the
formula in paragraph (c), or the methodology for computing the total quality score, deleted text begineffective
July 1 of any year,
deleted text end with five months advance public notice. In changing the formula, the
commissioner shall consider quality measure priorities registered by report card users, advice
of stakeholders, and available research.

Sec. 26.

Minnesota Statutes 2020, section 256R.17, subdivision 3, is amended to read:


Subd. 3.

Resident assessment schedule.

(a) Nursing facilities deleted text beginshalldeleted text endnew text begin mustnew text end conduct and
submit case mix classification assessments according to the schedule established by the
commissioner of health under section 144.0724, subdivisions 4 and 5.

(b) The case mix classifications established under section 144.0724, subdivision 3a,
deleted text begin shall bedeleted text endnew text begin arenew text end effective the day of admission for new admission assessments. The effective
date for significant change assessments deleted text beginshall bedeleted text endnew text begin isnew text end the assessment reference date. The
effective date for annual and quarterly assessments deleted text beginshall bedeleted text endnew text begin and significant corrections
assessments is
new text end the first day of the month following assessment reference date.

Sec. 27.

Minnesota Statutes 2020, section 256R.26, subdivision 1, is amended to read:


Subdivision 1.

Determination of limited undepreciated replacement cost.

A facility's
limited URC is the lesser of:

(1) the facility's new text beginrecognized new text endURC from the appraisal; or

(2) the product of (i) the number of the facility's licensed beds three months prior to the
beginning of the rate year, (ii) the construction cost per square foot value, and (iii) 1,000
square feet.

Sec. 28.

Minnesota Statutes 2020, section 256R.261, subdivision 13, is amended to read:


Subd. 13.

Equipment allowance per bed value.

The equipment allowance per bed
value is $10,000 adjusted annually for rate years beginning on or after January 1, 2021, by
the percentage change indicated by the urban consumer price index for Minneapolis-St.
Paul, as published by the Bureau of Labor Statistics (series deleted text begin1967=100deleted text endnew text begin 1982-84=100new text end) for
the two previous Julys. The computation for this annual adjustment is based on the data that
is publicly available on November 1 immediately preceding the start of the rate year.

Sec. 29.

Minnesota Statutes 2020, section 256R.37, is amended to read:


256R.37 SCHOLARSHIPS.

deleted text begin (a) For the 27-month period beginning October 1, 2015, through December 31, 2017,
the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing
facility with no scholarship per diem that is requesting a scholarship per diem to be added
to the external fixed payment rate to be used:
deleted text end

deleted text begin (1) for employee scholarships that satisfy the following requirements:
deleted text end

deleted text begin (i) scholarships are available to all employees who work an average of at least ten hours
per week at the facility except the administrator, and to reimburse student loan expenses
for newly hired registered nurses and licensed practical nurses, and training expenses for
nursing assistants as specified in section 144A.611, subdivisions 2 and 4, who are newly
hired; and
deleted text end

deleted text begin (ii) the course of study is expected to lead to career advancement with the facility or in
long-term care, including medical care interpreter services and social work; and
deleted text end

deleted text begin (2) to provide job-related training in English as a second language.
deleted text end

deleted text begin (b) All facilities may annually request a rate adjustment under this section by submitting
information to the commissioner on a schedule and in a form supplied by the commissioner.
The commissioner shall allow a scholarship payment rate equal to the reported and allowable
costs divided by resident days.
deleted text end

deleted text begin (c) In calculating the per diem under paragraph (b), the commissioner shall allow costs
related to tuition, direct educational expenses, and reasonable costs as defined by the
commissioner for child care costs and transportation expenses related to direct educational
expenses.
deleted text end

deleted text begin (d) The rate increase under this section is an optional rate add-on that the facility must
request from the commissioner in a manner prescribed by the commissioner. The rate
increase must be used for scholarships as specified in this section.
deleted text end

deleted text begin (e) For instances in which a rate adjustment will be 15 cents or greater, nursing facilities
that close beds during a rate year may request to have their scholarship adjustment under
paragraph (b) recalculated by the commissioner for the remainder of the rate year to reflect
the reduction in resident days compared to the cost report year.
deleted text end

new text begin (a) The commissioner shall provide a scholarship per diem rate calculated using the
criteria in paragraphs (b) to (d). The per diem rate must be based on the allowable costs the
facility paid for employee scholarships for any eligible employee, except the facility
administrator, who works an average of at least ten hours per week in the licensed nursing
facility building when the facility has paid expenses related to:
new text end

new text begin (1) an employee's course of study that is expected to lead to career advancement with
the facility or in the field of long-term care;
new text end

new text begin (2) an employee's job-related training in English as a second language;
new text end

new text begin (3) the reimbursement of student loan expenses for newly hired registered nurses and
licensed practical nurses; and
new text end

new text begin (4) the reimbursement of training, testing, and associated expenses for newly hired
nursing assistants as specified in section 144A.611, subdivisions 2 and 4. The reimbursement
of nursing assistant expenses under this clause is not subject to the ten-hour minimum work
requirement under this paragraph.
new text end

new text begin (b) Allowable scholarship costs include: tuition, student loan reimbursement, other direct
educational expenses, and reasonable costs for child care and transportation expenses directly
related to education, as defined by the commissioner.
new text end

new text begin (c) The commissioner shall provide a scholarship per diem rate equal to the allowable
scholarship costs divided by resident days. The commissioner shall compute the scholarship
per diem rate annually and include the scholarship per diem rate in the external fixed costs
payment rate.
new text end

new text begin (d) When the resulting scholarship per diem rate is 15 cents or more, nursing facilities
that close beds during a rate year may request to have the scholarship rate recalculated. This
recalculation is effective from the date of the bed closure through the remainder of the rate
year and reflects the estimated reduction in resident days compared to the previous cost
report year.
new text end

new text begin (e) Facilities seeking to have the facility's scholarship expenses recognized for the
payment rate computation in section 256R.25 may apply annually by submitting information
to the commissioner on a schedule and in a form supplied by the commissioner.
new text end

Sec. 30.

Minnesota Statutes 2020, section 256R.39, is amended to read:


256R.39 QUALITY IMPROVEMENT INCENTIVE PROGRAM.

The commissioner shall develop a quality improvement incentive program in consultation
with stakeholders. The annual funding pool available for quality improvement incentive
payments deleted text beginshalldeleted text endnew text begin mustnew text end be equal to 0.8 percent of all operating payments, not including any
rate components resulting from equitable cost-sharing for publicly owned nursing facility
program participation under section 256R.48, critical access nursing facility program
participation under section 256R.47, or performance-based incentive payment program
participation under section 256R.38. deleted text beginFor the period from October 1, 2015, to December 31,
2016, rate adjustments provided under this section shall be effective for 15 months. Beginning
January 1, 2017,
deleted text endnew text begin Annew text end annual rate deleted text beginadjustmentsdeleted text endnew text begin adjustmentnew text end provided under this section deleted text beginshalldeleted text endnew text begin
must
new text end be effective for one rate year.

Sec. 31. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 245A.03, subdivision 5; 256R.08, subdivision 2; and
256R.49,
new text end new text begin and new text end new text begin Minnesota Rules, part 9555.6255, new text end new text begin are repealed.
new text end

ARTICLE 5

CONTINUING CARE FOR OLDER ADULTS

Section 1.

Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), new text begin181.214
to 181.217,
new text end181.275, subdivision 2a
, 181.722, 181.79, and 181.939 to 181.943, or with any
rule promulgated under section 177.28new text begin or 181.213new text end. The commissioner shall issue an order
requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 and the order is final or the commissioner and
the employer have entered into a settlement agreement that required the employer to pay
back wages that were required by sections 177.41 to 177.435. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 2.

Minnesota Statutes 2020, section 177.27, subdivision 7, is amended to read:


Subd. 7.

Employer liability.

If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28new text begin or
181.213
new text end
, and the commissioner issues an order to comply, the commissioner shall order the
employer to cease and desist from engaging in the violative practice and to take such
affirmative steps that in the judgment of the commissioner will effectuate the purposes of
the section or rule violated. The commissioner shall order the employer to pay to the
aggrieved parties back pay, gratuities, and compensatory damages, less any amount actually
paid to the employee by the employer, and for an additional equal amount as liquidated
damages. Any employer who is found by the commissioner to have repeatedly or willfully
violated a section or sections identified in subdivision 4 shall be subject to a civil penalty
of up to $1,000 for each violation for each employee. In determining the amount of a civil
penalty under this subdivision, the appropriateness of such penalty to the size of the
employer's business and the gravity of the violation shall be considered. In addition, the
commissioner may order the employer to reimburse the department and the attorney general
for all appropriate litigation and hearing costs expended in preparation for and in conducting
the contested case proceeding, unless payment of costs would impose extreme financial
hardship on the employer. If the employer is able to establish extreme financial hardship,
then the commissioner may order the employer to pay a percentage of the total costs that
will not cause extreme financial hardship. Costs include but are not limited to the costs of
services rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.

Sec. 3.

new text begin [181.211] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The terms defined in this section apply to sections 181.211
to 181.217.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Nursing Home Workforce Standards
Board established under section 181.212.
new text end

new text begin Subd. 3. new text end

new text begin Certified worker organization. new text end

new text begin "Certified worker organization" means a
worker organization that is certified by the board to conduct nursing home worker trainings
under section 181.214.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry.
new text end

new text begin Subd. 5. new text end

new text begin Employer organization. new text end

new text begin "Employer organization" means:
new text end

new text begin (1) an organization that is exempt from federal income taxation under section 501(c)(6)
of the Internal Revenue Code and that represents nursing home employers; or
new text end

new text begin (2) an entity that employers, who together employ a majority of nursing home workers
in Minnesota, have selected as a representative.
new text end

new text begin Subd. 6. new text end

new text begin Nursing home. new text end

new text begin "Nursing home" means a nursing home licensed under chapter
144A, or a boarding care home licensed under sections 144.50 to 144.56.
new text end

new text begin Subd. 7. new text end

new text begin Nursing home employer. new text end

new text begin "Nursing home employer" means an employer of
nursing home workers.
new text end

new text begin Subd. 8. new text end

new text begin Nursing home worker. new text end

new text begin "Nursing home worker" means any worker who provides
services in a nursing home in Minnesota, including direct care staff, administrative staff,
and contractors.
new text end

new text begin Subd. 9. new text end

new text begin Retaliatory personnel action. new text end

new text begin "Retaliatory personnel action" means any form
of intimidation, threat, reprisal, harassment, discrimination, or adverse employment action,
including discipline, discharge, suspension, transfer, or reassignment to a lesser position in
terms of job classification, job security, or other condition of employment; reduction in pay
or hours or denial of additional hours; informing another employer that a nursing home
worker has engaged in activities protected under sections 181.211 to 181.217; or reporting
or threatening to report the actual or suspected citizenship or immigration status of a nursing
home worker, former nursing home worker, or family member of a nursing home worker
to a federal, state, or local agency.
new text end

new text begin Subd. 10. new text end

new text begin Worker organization. new text end

new text begin "Worker organization" means an organization that is
exempt from federal income taxation under section 501(c)(3), 501(c)(4), or 501(c)(5) of
the Internal Revenue Code, that is not dominated or controlled by any nursing home employer
within the meaning of United States Code, title 29, section 158a(2), and that has at least
five years of demonstrated experience engaging with and advocating for nursing home
workers.
new text end

Sec. 4.

new text begin [181.212] MINNESOTA NURSING HOME WORKFORCE STANDARDS
BOARD; ESTABLISHMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Board established; membership. new text end

new text begin The Minnesota Nursing Home
Workforce Standards Board is created with the powers and duties established by law. The
board is composed of the following members:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) the commissioner of health or a designee;
new text end

new text begin (3) the commissioner of labor and industry or a designee;
new text end

new text begin (4) three members who represent nursing home employers or employer organizations,
appointed by the governor; and
new text end

new text begin (5) three members who represent nursing home workers or worker organizations,
appointed by the governor.
new text end

new text begin Subd. 2. new text end

new text begin Terms; vacancies. new text end

new text begin (a) Board members appointed under subdivision 1, clause
(4) or (5), shall serve four-year terms following the initial staggered-lot determination. The
initial terms of members appointed under subdivision 1, clauses (4) and (5), shall be
determined by lot by the secretary of state and shall be as follows:
new text end

new text begin (1) one member appointed under each of subdivision 1, clauses (4) and (5), shall serve
a two-year term;
new text end

new text begin (2) one member appointed under each of subdivision 1, clauses (4) and (5), shall serve
a three-year term; and
new text end

new text begin (3) one member appointed under each of subdivision 1, clauses (4) and (5), shall serve
a four-year term.
new text end

new text begin (b) For members appointed under subdivision 1, clause (4) or (5), the governor shall fill
vacancies occurring prior to the expiration of a member's term by appointment for the
unexpired term. A member appointed under subdivision 1, clause (4) or (5), must not be
appointed to more than two consecutive four-year terms.
new text end

new text begin Subd. 3. new text end

new text begin Chairperson. new text end

new text begin The board shall elect a member by majority vote to serve as its
chairperson and shall determine the term to be served by the chairperson.
new text end

new text begin Subd. 4. new text end

new text begin Staffing. new text end

new text begin The board may employ an executive director and other personnel to
carry out duties of the board under sections 181.211 to 181.217.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Compensation of board members is governed by section
15.0575.
new text end

new text begin Subd. 6. new text end

new text begin Application of other laws. new text end

new text begin Meetings of the board are subject to chapter 13D.
The board is subject to chapter 13.
new text end

new text begin Subd. 7. new text end

new text begin Voting. new text end

new text begin The affirmative vote of five board members is required for the board
to take any action, including action to establish minimum nursing home employment
standards under section 181.213.
new text end

new text begin Subd. 8. new text end

new text begin Hearings and investigations. new text end

new text begin To carry out its duties, the board shall hold public
hearings on, and conduct investigations into, working conditions in the nursing home
industry.
new text end

Sec. 5.

new text begin [181.213] DUTIES OF THE BOARD; MINIMUM NURSING HOME
EMPLOYMENT STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to establish minimum nursing home employment
standards.
new text end

new text begin (a) The board must adopt rules establishing minimum nursing home employment
standards that are reasonably necessary and appropriate to protect the health and welfare
of nursing home workers, to ensure that nursing home workers are properly trained and
fully informed of their rights under sections 181.211 to 181.217, and to otherwise satisfy
the purposes of sections 181.211 to 181.217. Standards established by the board must
include, as appropriate, standards on compensation, working hours, and other working
conditions for nursing home workers. Any standards established by the board under this
section must be at least as protective of or beneficial to nursing home workers as any other
applicable statute or rule or any standard previously established by the board. In establishing
standards under this section, the board may establish statewide standards, standards that
apply to specific nursing home occupations, standards that apply to specific geographic
areas within the state, or any combination thereof.
new text end

new text begin (b) The board must adopt rules establishing initial standards for wages and working
hours for nursing home workers no later than August 1, 2023. The board may use the
authority in section 14.389 to adopt rules under this paragraph.
new text end

new text begin (c) To the extent that any minimum standards that the board finds are reasonably
necessary and appropriate to protect the health and welfare of nursing home workers fall
within the jurisdiction of chapter 182, the board shall not adopt rules establishing the
standards but shall instead recommend the standards to the commissioner of labor and
industry. The commissioner of labor and industry shall adopt nursing home health and safety
standards under section 182.655 as recommended by the board, unless the commissioner
determines that the recommended standard is outside the statutory authority of the
commissioner or is otherwise unlawful and issues a written explanation of this determination.
new text end

new text begin Subd. 2. new text end

new text begin Investigation of market conditions. new text end

new text begin The board must investigate market
conditions and the existing wages, benefits, and working conditions of nursing home workers
for specific geographic areas of the state and specific nursing home occupations. Based on
this information, the board must seek to adopt minimum nursing home employment standards
that meet or exceed existing industry conditions for a majority of nursing home workers in
the relevant geographic area and nursing home occupation. The board must consider the
following types of information in making wage rate determinations that are reasonably
necessary to protect the health and welfare of nursing home workers:
new text end

new text begin (1) wage rate and benefit data collected by or submitted to the board for nursing home
workers in the relevant geographic area and nursing home occupations;
new text end

new text begin (2) statements showing wage rates and benefits paid to nursing home workers in the
relevant geographic area and nursing home occupations;
new text end

new text begin (3) signed collective bargaining agreements applicable to nursing home workers in the
relevant geographic area and nursing home occupations;
new text end

new text begin (4) testimony and information from current and former nursing home workers, worker
organizations, nursing home employers, and employer organizations;
new text end

new text begin (5) local minimum nursing home employment standards;
new text end

new text begin (6) information submitted by or obtained from state and local government entities; and
new text end

new text begin (7) any other information pertinent to establishing minimum nursing home employment
standards.
new text end

new text begin Subd. 3. new text end

new text begin Review of standards. new text end

new text begin At least once every two years, the board shall:
new text end

new text begin (1) conduct a full review of the adequacy of the minimum nursing home employment
standards previously established by the board; and
new text end

new text begin (2) following that review, adopt new rules, amend or repeal existing rules, or make
recommendations to adopt new rules or amend or repeal existing rules, as appropriate to
meet the purposes of sections 181.211 to 181.217.
new text end

new text begin Subd. 4. new text end

new text begin Conflict. new text end

new text begin In the event of a conflict between a standard established by the board
in rule and a rule adopted by another state agency, the rule adopted by the board shall apply
to nursing home workers and nursing home employers, except where the conflicting rule
is issued after the board's standard, and the rule issued by the other state agency is more
protective or more beneficial, then the subsequent more protective or more beneficial rule
must apply to nursing home workers and nursing home employers.
new text end

new text begin Subd. 5. new text end

new text begin Effect on other agreements. new text end

new text begin Nothing in sections 181.211 to 181.217 shall be
construed to:
new text end

new text begin (1) limit the rights of parties to a collective bargaining agreement to bargain and agree
with respect to nursing home employment standards; or
new text end

new text begin (2) diminish the obligation of a nursing home employer to comply with any contract,
collective bargaining agreement, or employment benefit program or plan that meets or
exceeds, and does not conflict with, the minimum standards and requirements in sections
181.211 to 181.217 or established by the board.
new text end

Sec. 6.

new text begin [181.214] DUTIES OF THE BOARD; TRAINING FOR NURSING HOME
WORKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Certification of worker organizations. new text end

new text begin The board shall certify worker
organizations that it finds are qualified to provide training to nursing home workers according
to this section. The board shall by rule establish certification criteria that a worker
organization must meet in order to be certified. In adopting rules to establish initial
certification criteria under this subdivision, the board may use the authority in section 14.389.
The criteria must ensure that a worker organization, if certified, is able to provide:
new text end

new text begin (1) effective, interactive training on the information required by this section; and
new text end

new text begin (2) follow-up written materials and responses to inquiries from nursing home workers
in the languages in which nursing home workers are proficient.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum. new text end

new text begin (a) The board shall establish requirements for the curriculum for
the nursing home worker training required by this section. A curriculum must at least provide
the following information to nursing home workers:
new text end

new text begin (1) the applicable compensation, working hours, and working conditions in the minimum
standards or local minimum standards established by the board;
new text end

new text begin (2) the antiretaliation protections established in section 181.216;
new text end

new text begin (3) information on how to enforce sections 181.211 to 181.217 and on how to report
violations of sections 181.211 to 181.217 or of standards established by the board, including
contact information for the Department of Labor and Industry, the board, and any local
enforcement agencies, and information on the remedies available for violations;
new text end

new text begin (4) the purposes and functions of the board and information on upcoming hearings,
investigations, or other opportunities for nursing home workers to become involved in board
proceedings;
new text end

new text begin (5) other rights, duties, and obligations under sections 181.211 to 181.217;
new text end

new text begin (6) any updates or changes to the information provided according to clauses (1) to (5)
since the most recent training session;
new text end

new text begin (7) any other information the board deems appropriate to facilitate compliance with
sections 181.211 to 181.217; and
new text end

new text begin (8) information on other applicable local, state, and federal laws, rules, and ordinances
regarding nursing home working conditions or nursing home worker health and safety.
new text end

new text begin (b) Before establishing initial curriculum requirements, the board must hold at least one
public hearing to solicit input on the requirements.
new text end

new text begin Subd. 3. new text end

new text begin Topics covered in training session. new text end

new text begin A certified worker organization is not
required to cover all of the topics listed in subdivision 2 in a single training session. A
curriculum used by a certified worker organization may provide instruction on each topic
listed in subdivision 2 over the course of up to three training sessions.
new text end

new text begin Subd. 4. new text end

new text begin Annual review of curriculum requirements. new text end

new text begin The board must review the
adequacy of its curriculum requirements at least annually and must revise the requirements
as appropriate to meet the purposes of sections 181.211 to 181.217. As part of each annual
review of the curriculum requirements, the board must hold at least one public hearing to
solicit input on the requirements.
new text end

new text begin Subd. 5. new text end

new text begin Duties of certified worker organizations. new text end

new text begin A certified worker organization:
new text end

new text begin (1) must use a curriculum for its training sessions that meets requirements established
by the board;
new text end

new text begin (2) must provide trainings that are interactive and conducted in the languages in which
the attending nursing home workers are proficient;
new text end

new text begin (3) must, at the end of each training session, provide attending nursing home workers
with follow-up written or electronic materials on the topics covered in the training session,
in order to fully inform nursing home workers of their rights and opportunities under sections
181.211 to 181.217 and other applicable laws, rules, and ordinances governing nursing
home working conditions or worker health and safety;
new text end

new text begin (4) must make itself reasonably available to respond to inquiries from nursing home
workers during and after training sessions; and
new text end

new text begin (5) may conduct surveys of nursing home workers who attend a training session to assess
the effectiveness of the training session and industry compliance with sections 181.211 to
181.217 and other applicable laws, rules, and ordinances governing nursing home working
conditions or worker health and safety.
new text end

new text begin Subd. 6. new text end

new text begin Nursing home employer duties regarding training. new text end

new text begin (a) A nursing home
employer must ensure, and must provide proof to the commissioner of labor and industry,
that every six months each of its nursing home workers completes one hour of training that
meets the requirements of this section and is provided by a certified worker organization.
A nursing home employer may, but is not required to, host training sessions on the premises
of the nursing home.
new text end

new text begin (b) If requested by a certified worker organization, a nursing home employer must, after
a training session provided by the certified worker organization, provide the certified worker
organization with the names and contact information of the nursing home workers who
attended the training session, unless a nursing home worker opts out according to paragraph
(c).
new text end

new text begin (c) A nursing home worker may opt out of having the worker's nursing home employer
provide the worker's name and contact information to a certified worker organization that
provided a training session attended by the worker by submitting a written statement to that
effect to the nursing home employer.
new text end

new text begin Subd. 7. new text end

new text begin Compensation. new text end

new text begin A nursing home employer must compensate its nursing home
workers at their regular hourly rate of wages and benefits for each hour of training completed
as required by this section.
new text end

Sec. 7.

new text begin [181.215] REQUIRED NOTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Provision of notice. new text end

new text begin (a) Nursing home employers must provide notices
informing nursing home workers of the rights and obligations provided under sections
181.211 to 181.217 of applicable minimum nursing home employment standards or local
minimum standards and that for assistance and information, nursing home workers should
contact the Department of Labor and Industry. A nursing home employer must provide
notice using the same means that the nursing home employer uses to provide other
work-related notices to nursing home workers. Provision of notice must be at least as
conspicuous as:
new text end

new text begin (1) posting a copy of the notice at each work site where nursing home workers work
and where the notice may be readily observed and reviewed by all nursing home workers
working at the site; or
new text end

new text begin (2) providing a paper or electronic copy of the notice to all nursing home workers and
applicants for employment as a nursing home worker.
new text end

new text begin (b) The notice required by this subdivision must include text provided by the board that
informs nursing home workers that they may request the notice to be provided in a particular
language. The nursing home employer must provide the notice in the language requested
by the nursing home worker. The board must assist nursing home employers in translating
the notice in the languages requested by their nursing home workers.
new text end

new text begin Subd. 2. new text end

new text begin Minimum content and posting requirements. new text end

new text begin The board must adopt rules
specifying the minimum content and posting requirements for the notices required in
subdivision 1. The board must make available to nursing home employers a template or
sample notice that satisfies the requirements of this section and rules adopted under this
section.
new text end

Sec. 8.

new text begin [181.216] RETALIATION ON CERTAIN GROUNDS PROHIBITED.
new text end

new text begin A nursing home employer must not retaliate against a nursing home worker, including
taking retaliatory personnel action, for:
new text end

new text begin (1) exercising any right afforded to the nursing home worker under sections 181.211 to
181.217;
new text end

new text begin (2) participating in any process or proceeding under sections 181.211 to 181.217,
including but not limited to board hearings, investigations, or other proceedings; or
new text end

new text begin (3) attending or participating in the training required by section 181.214.
new text end

Sec. 9.

new text begin [181.217] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Minimum nursing home employment standards. new text end

new text begin The minimum wages,
maximum hours of work, and other working conditions established by the board in rule as
minimum nursing home employment standards shall be the minimum wages, maximum
hours of work, and standard conditions of labor for nursing home workers or a subgroup
of nursing home workers as a matter of state law. It shall be unlawful for a nursing home
employer to employ a nursing home worker for lower wages or for longer hours than those
established as the minimum nursing home employment standards or under any other working
conditions that violate the minimum nursing home employment standards.
new text end

new text begin Subd. 2. new text end

new text begin Investigations. new text end

new text begin The commissioner may investigate possible violations of sections
181.214 to 181.217 or of the minimum nursing home employment standards established by
the board whenever it has cause to believe that a violation has occurred, either on the basis
of a report of a suspected violation or on the basis of any other credible information, including
violations found during the course of an investigation.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement authority. new text end

new text begin The Department of Labor and Industry shall enforce
sections 181.214 to 181.217 and compliance with the minimum nursing home employment
standards established by the board according to the authority in section 177.27, subdivisions
4 and 7.
new text end

new text begin Subd. 4. new text end

new text begin Civil action by nursing home worker. new text end

new text begin (a) One or more nursing home workers
may bring a civil action in district court seeking redress for violations of sections 181.211
to 181.217 or of any applicable minimum nursing home employment standards or local
minimum nursing home employment standards. Such an action may be filed in the district
court of the county where a violation or violations are alleged to have been committed or
where the nursing home employer resides, or in any other court of competent jurisdiction,
and may represent a class of similarly situated nursing home workers.
new text end

new text begin (b) Upon a finding of one or more violations, a nursing home employer shall be liable
to each nursing home worker for the full amount of the wages, benefits, and overtime
compensation, less any amount the nursing home employer is able to establish was actually
paid to each nursing home worker and for an additional equal amount as liquidated damages.
In an action under this subdivision, nursing home workers may seek damages and other
appropriate relief provided by section 177.27, subdivision 7, or otherwise provided by law,
including reasonable costs, disbursements, witness fees, and attorney fees. A court may also
issue an order requiring compliance with sections 181.211 to 181.217 or with the applicable
minimum nursing home employment standards or local minimum nursing home employment
standards. A nursing home worker found to have experienced a retaliatory personnel action
in violation of section 181.216 shall be entitled to reinstatement to the worker's previous
position, wages, benefits, hours, and other conditions of employment.
new text end

new text begin (c) An agreement between a nursing home employer and nursing home worker or labor
union that fails to meet the minimum standards and requirements in sections 181.211 to
181.217 or established by the board is not a defense to an action brought under this
subdivision.
new text end

Sec. 10.

Minnesota Statutes 2020, section 256B.0913, subdivision 4, is amended to read:


Subd. 4.

Eligibility for funding for services for nonmedical assistance recipients.

(a)
Funding for services under the alternative care program is available to persons who meet
the following criteria:

(1) the person is a citizen of the United States or a United States national;

(2) the person has been determined by a community assessment under section 256B.0911
to be a person who would require the level of care provided in a nursing facility, as
determined under section 256B.0911, subdivision 4e, but for the provision of services under
the alternative care program;

(3) the person is age 65 or older;

(4) the person would be eligible for medical assistance within 135 days of admission to
a nursing facility;

(5) the person is not ineligible for the payment of long-term care services by the medical
assistance program due to an asset transfer penalty under section 256B.0595 or equity
interest in the home exceeding $500,000 as stated in section 256B.056;

(6) the person needs long-term care services that are not funded through other state or
federal funding, or other health insurance or other third-party insurance such as long-term
care insurance;

(7) except for individuals described in clause (8), the monthly cost of the alternative
care services funded by the program for this person does not exceed 75 percent of the
monthly limit described under section 256S.18. This monthly limit does not prohibit the
alternative care client from payment for additional services, but in no case may the cost of
additional services purchased under this section exceed the difference between the client's
monthly service limit defined under section 256S.04, and the alternative care program
monthly service limit defined in this paragraph. If care-related supplies and equipment or
environmental modifications and adaptations are or will be purchased for an alternative
care services recipient, the costs may be prorated on a monthly basis for up to 12 consecutive
months beginning with the month of purchase. If the monthly cost of a recipient's other
alternative care services exceeds the monthly limit established in this paragraph, the annual
cost of the alternative care services deleted text beginshalldeleted text endnew text begin mustnew text end be determined. In this event, the annual cost
of alternative care services deleted text beginshalldeleted text endnew text begin mustnew text end not exceed 12 times the monthly limit described in
this paragraph;

(8) for individuals assigned a case mix classification A as described under section
256S.18, with (i) no dependencies in activities of daily living, or (ii) up to two dependencies
in bathing, dressing, grooming, walking, and eating when the dependency score in eating
is three or greater as determined by an assessment performed under section 256B.0911, the
monthly cost of alternative care services funded by the program cannot exceed $593 per
month for all new participants enrolled in the program on or after July 1, 2011. This monthly
limit shall be applied to all other participants who meet this criteria at reassessment. This
monthly limit deleted text beginshalldeleted text endnew text begin mustnew text end be increased annually as described in section 256S.18. This monthly
limit does not prohibit the alternative care client from payment for additional services, but
in no case may the cost of additional services purchased exceed the difference between the
client's monthly service limit defined in this clause and the limit described in clause (7) for
case mix classification A; deleted text beginand
deleted text end

(9) the person is making timely payments of the assessed monthly feedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) for a person participating in consumer-directed community supports, the person's
monthly service limit must be equal to the monthly service limits in clause (7), except that
a person assigned a case mix classification L must receive the monthly service limit for
case mix classification A.
new text end

A person is ineligible if payment of the fee is over 60 days past due, unless the person agrees
to:

(i) the appointment of a representative payee;

(ii) automatic payment from a financial account;

(iii) the establishment of greater family involvement in the financial management of
payments; or

(iv) another method acceptable to the lead agency to ensure prompt fee payments.

The lead agency may extend the client's eligibility as necessary while making
arrangements to facilitate payment of past-due amounts and future premium payments.
Following disenrollment due to nonpayment of a monthly fee, eligibility deleted text beginshalldeleted text endnew text begin mustnew text end not be
reinstated for a period of 30 days.

(b) Alternative care funding under this subdivision is not available for a person who is
a medical assistance recipient or who would be eligible for medical assistance without a
spenddown or waiver obligation. A person whose initial application for medical assistance
and the elderly waiver program is being processed may be served under the alternative care
program for a period up to 60 days. If the individual is found to be eligible for medical
assistance, medical assistance must be billed for services payable under the federally
approved elderly waiver plan and delivered from the date the individual was found eligible
for the federally approved elderly waiver plan. Notwithstanding this provision, alternative
care funds may not be used to pay for any service the cost of which: (i) is payable by medical
assistance; (ii) is used by a recipient to meet a waiver obligation; or (iii) is used to pay a
medical assistance income spenddown for a person who is eligible to participate in the
federally approved elderly waiver program under the special income standard provision.

(c) Alternative care funding is not available for a person who resides in a licensed nursing
home, certified boarding care home, hospital, or intermediate care facility, except for case
management services which are provided in support of the discharge planning process for
a nursing home resident or certified boarding care home resident to assist with a relocation
process to a community-based setting.

(d) Alternative care funding is not available for a person whose income is greater than
the maintenance needs allowance under section 256S.05, but equal to or less than 120 percent
of the federal poverty guideline effective July 1 in the fiscal year for which alternative care
eligibility is determined, who would be eligible for the elderly waiver with a waiver
obligation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256B.0913, subdivision 5, is amended to read:


Subd. 5.

Services covered under alternative care.

Alternative care funding may be
used for payment of costs of:

(1) adult day services and adult day services bath;

(2) home care;

(3) homemaker services;

(4) personal care;

(5) case management and conversion case management;

(6) respite care;

(7) specialized supplies and equipment;

(8) home-delivered meals;

(9) nonmedical transportation;

(10) nursing services;

(11) chore services;

(12) companion services;

(13) nutrition services;

(14) family caregiver training and education;

(15) coaching and counseling;

(16) telehome care to provide services in their own homes in conjunction with in-home
visits;

(17) consumer-directed community supports deleted text beginunder the alternative care programs which
are available statewide and limited to the average monthly expenditures representative of
all alternative care program participants for the same case mix resident class assigned in
the most recent fiscal year for which complete expenditure data is available
deleted text end;

(18) environmental accessibility and adaptations; and

(19) discretionary services, for which lead agencies may make payment from their
alternative care program allocation for services not otherwise defined in this section or
section 256B.0625, following approval by the commissioner.

Total annual payments for discretionary services for all clients served by a lead agency
must not exceed 25 percent of that lead agency's annual alternative care program base
allocation, except that when alternative care services receive federal financial participation
under the 1115 waiver demonstration, funding shall be allocated in accordance with
subdivision 17.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 12.

Minnesota Statutes 2020, section 256S.15, subdivision 2, is amended to read:


Subd. 2.

Foster care limit.

The elderly waiver payment for the foster care service in
combination with the payment for all other elderly waiver services, including case
management, must not exceed the monthly case mix budget cap for the participant as
specified in sections 256S.18, subdivision 3, and 256S.19, deleted text beginsubdivisionsdeleted text endnew text begin subdivisionnew text end 3 deleted text beginand
4
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2020, section 256S.18, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Monthly case mix budget caps for consumer-directed community
supports.
new text end

new text begin The monthly case mix budget caps for each case mix classification for
consumer-directed community supports must be equal to the monthly case mix budget caps
in subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 14.

Minnesota Statutes 2020, section 256S.19, subdivision 3, is amended to read:


Subd. 3.

Calculation of monthly conversion budget deleted text begincap without consumer-directed
community supports
deleted text endnew text begin capsnew text end.

(a) The elderly waiver monthly conversion budget cap for the
cost of elderly waiver services deleted text beginwithout consumer-directed community supportsdeleted text end must be
based on the nursing facility case mix adjusted total payment rate of the nursing facility
where the elderly waiver applicant currently resides for the applicant's case mix classification
as determined according to section 256R.17.

(b) The elderly waiver monthly conversion budget cap for the cost of elderly waiver
services deleted text beginwithout consumer-directed community supports shalldeleted text endnew text begin mustnew text end be calculated by
multiplying the applicable nursing facility case mix adjusted total payment rate by 365,
dividing by 12, and subtracting the participant's maintenance needs allowance.

(c) A participant's initially approved monthly conversion budget cap for elderly waiver
services deleted text beginwithout consumer-directed community supports shalldeleted text endnew text begin mustnew text end be adjusted at least
annually as described in section 256S.18, subdivision 5.

new text begin (d) Conversion budget caps for individuals participating in consumer-directed community
supports are also set as described in paragraphs (a) to (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 15.

Minnesota Statutes 2021 Supplement, section 256S.21, is amended to read:


256S.21 RATE SETTING; APPLICATION.

The payment methodologies in sections 256S.2101 to 256S.215 apply tonew text begin:
new text end

new text begin (1)new text end elderly waiver, elderly waiver customized living, and elderly waiver foster care under
this chapter;

new text begin (2)new text end alternative care under section 256B.0913;

new text begin (3)new text end essential community supports under section 256B.0922; deleted text beginand
deleted text end

new text begin (4) homemaker services under the developmental disability waiver under section
256B.092 and community alternative care, community access for disability inclusion, and
brain injury waiver under section 256B.49; and
new text end

new text begin (5)new text end community access for disability inclusion customized living and brain injury
customized living under section 256B.49.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 16.

Minnesota Statutes 2021 Supplement, section 256S.2101, subdivision 2, is
amended to read:


Subd. 2.

Phase-in for elderly waiver rates.

Except for home-delivered meals deleted text beginas
described in section 256S.215, subdivision 15
deleted text end, all rates and rate components for elderly
waiver, elderly waiver customized living, and elderly waiver foster care under this chapter;
alternative care under section 256B.0913; and essential community supports under section
256B.0922 deleted text beginshalldeleted text endnew text begin mustnew text end be the sum of deleted text begin18.8deleted text endnew text begin 21.6new text end percent of the rates calculated under sections
256S.211 to 256S.215, and deleted text begin81.2deleted text endnew text begin 78.4new text end percent of the rates calculated using the rate
methodology in effect as of June 30, 2017. deleted text beginThe rate for home-delivered meals shall be the
sum of the service rate in effect as of January 1, 2019, and the increases described in section
256S.215, subdivision 15.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 17.

Minnesota Statutes 2021 Supplement, section 256S.2101, is amended by adding
a subdivision to read:


new text begin Subd. 3. new text end

new text begin Phase-in for home-delivered meals rate. new text end

new text begin The home-delivered meals rate for
elderly waiver under this chapter; alternative care under section 256B.0913; and essential
community supports under section 256B.0922 must be the sum of 65 percent of the rate in
section 256S.215, subdivision 15, and 35 percent of the rate calculated using the rate
methodology in effect as of June 30, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 18.

Minnesota Statutes 2020, section 256S.211, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Updating homemaker services rates. new text end

new text begin On January 1, 2023, and every two
years thereafter, the commissioner shall recalculate rates for homemaker services as directed
by section 256S.215, subdivisions 9 to 11. Prior to recalculating the rates, the commissioner
shall:
new text end

new text begin (1) update the base wage index for homemaker services in section 256S.212, subdivisions
8 to 10, based on the most recently available Bureau of Labor Statistics Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA data;
new text end

new text begin (2) update the payroll taxes and benefits factor in section 256S.213, subdivision 1, and
the general and administrative factor in section 256S.213, subdivision 2, based on the most
recently available nursing facility cost report data;
new text end

new text begin (3) update the registered nurse management and supervision wage component in section
256S.213, subdivision 4, based on the most recently available Bureau of Labor Statistics
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA data; and
new text end

new text begin (4) update the adjusted base wage for homemaker services as directed in section 256S.214.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 19.

Minnesota Statutes 2020, section 256S.211, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Updating the home-delivered meals rate. new text end

new text begin On July 1 of each year, the
commissioner shall update the home-delivered meals rate in section 256S.215, subdivision
15, by the percent increase in the nursing facility dietary per diem using the two most recent
and available nursing facility cost reports.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 20.

Minnesota Statutes 2020, section 256S.212, is amended to read:


256S.212 RATE SETTING; BASE WAGE INDEX.

Subdivision 1.

Updating SOC codes.

If any of the SOC codes and positions used in
this section are no longer available, the commissioner shall, in consultation with stakeholders,
select a new SOC code and position that is the closest match to the previously used SOC
position.

Subd. 2.

Home management and support services base wage.

For customized livingdeleted text begin,deleted text endnew text begin
and
new text end foster caredeleted text begin, and residential caredeleted text end component services, the home management and support
services base wage equals 33.33 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for new text beginhome health and new text endpersonal deleted text beginand homedeleted text end care deleted text beginaidedeleted text endnew text begin aidesnew text end (SOC code
deleted text begin 39-9021deleted text endnew text begin 31-1120new text end); 33.33 percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA
average wage for food preparation workers (SOC code 35-2021); and 33.34 percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for maids and
housekeeping cleaners (SOC code 37-2012).

Subd. 3.

Home care aide base wage.

For customized livingdeleted text begin,deleted text endnew text begin andnew text end foster caredeleted text begin, and
residential care
deleted text end component services, the home care aide base wage equals deleted text begin50deleted text endnew text begin 75new text end percent of
the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for home health new text begin
and personal care
new text endaides (SOC code deleted text begin31-1011deleted text endnew text begin 31-1120new text end); and deleted text begin50deleted text endnew text begin 25new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code deleted text begin31-1014deleted text endnew text begin 31-1131new text end).

Subd. 4.

Home health aide base wage.

For customized livingdeleted text begin,deleted text endnew text begin andnew text end foster caredeleted text begin, and
residential care
deleted text end component services, the home health aide base wage equals deleted text begin20deleted text endnew text begin 33.33new text end percent
of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for licensed
practical and licensed vocational nurses (SOC code 29-2061); deleted text beginand 80deleted text endnew text begin 33.33new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code deleted text begin31-1014deleted text endnew text begin 31-1131new text end)new text begin; and 33.34 percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for home health and personal care aides (SOC code
31-1120)
new text end.

Subd. 5.

Medication setups by licensed nurse base wage.

For customized livingdeleted text begin,deleted text endnew text begin andnew text end
foster caredeleted text begin, and residential caredeleted text end component services, the medication setups by licensed nurse
base wage equals deleted text begintendeleted text endnew text begin 25new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA
average wage for licensed practical and licensed vocational nurses (SOC code 29-2061);
and deleted text begin90deleted text endnew text begin 75new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average
wage for registered nurses (SOC code 29-1141).

Subd. 6.

Chore services base wage.

The chore services base wage equals deleted text begin100deleted text endnew text begin 50new text end percent
of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for landscaping
and groundskeeping workers (SOC code 37-3011)new text begin; and 50 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for maids and housekeeping cleaners
(SOC code 37-2012)
new text end.

Subd. 7.

Companion services base wage.

The companion services base wage equals
deleted text begin 50deleted text endnew text begin 80new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage
for new text beginhome health and new text endpersonal deleted text beginand homedeleted text end care aides (SOC code deleted text begin39-9021deleted text endnew text begin 31-1120new text end); and deleted text begin50deleted text endnew text begin
20
new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for
maids and housekeeping cleaners (SOC code 37-2012).

Subd. 8.

Homemaker services and assistance with personal care base wage.

The
homemaker services and assistance with personal care base wage equals deleted text begin60deleted text endnew text begin 50new text end percent of
the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for new text beginhome health
and
new text endpersonal deleted text beginand homedeleted text end care deleted text beginaidedeleted text endnew text begin aidesnew text end (SOC code deleted text begin39-9021deleted text endnew text begin 31-1120new text end); deleted text begin20deleted text endnew text begin and 50new text end percent of
the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code deleted text begin31-1014deleted text endnew text begin 31-1131new text end)deleted text begin; and 20 percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for maids and housekeeping cleaners (SOC code 37-2012)
deleted text end.

Subd. 9.

Homemaker services and cleaning base wage.

The homemaker services and
cleaning base wage equals deleted text begin60 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for personal and home care aide (SOC code 39-9021); 20 percent
of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing
assistants (SOC code 31-1014); and 20
deleted text endnew text begin 100new text end percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for maids and housekeeping cleaners (SOC code 37-2012).

Subd. 10.

Homemaker services and home management base wage.

The homemaker
services and home management base wage equals deleted text begin60deleted text endnew text begin 50new text end percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for new text beginhome health and new text endpersonal deleted text beginand homedeleted text end
care deleted text beginaidedeleted text endnew text begin aidesnew text end (SOC code deleted text begin39-9021deleted text endnew text begin 31-1120new text end); deleted text begin20deleted text endnew text begin and 50new text end percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants (SOC code
deleted text begin 31-1014deleted text endnew text begin 31-1131new text end)deleted text begin; and 20 percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for maids and housekeeping cleaners (SOC code 37-2012)
deleted text end.

Subd. 11.

In-home respite care services base wage.

The in-home respite care services
base wage equals deleted text beginfivedeleted text endnew text begin 15new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA
average wage for registered nurses (SOC code 29-1141); 75 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for deleted text beginnursing assistantsdeleted text endnew text begin home health and
personal care aides
new text end (SOC code deleted text begin31-1014deleted text endnew text begin 31-1120new text end); and deleted text begin20deleted text endnew text begin tennew text end percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for licensed practical and licensed
vocational nurses (SOC code 29-2061).

Subd. 12.

Out-of-home respite care services base wage.

The out-of-home respite care
services base wage equals deleted text beginfivedeleted text endnew text begin 15new text end percent of the Minneapolis-St. Paul-Bloomington, MN-WI
MetroSA average wage for registered nurses (SOC code 29-1141); 75 percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for deleted text beginnursing assistantsdeleted text endnew text begin
home health and personal care aides
new text end (SOC code deleted text begin31-1014deleted text endnew text begin 31-1120new text end); and deleted text begin20deleted text endnew text begin tennew text end percent of
the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for licensed practical
and licensed vocational nurses (SOC code 29-2061).

Subd. 13.

Individual community living support base wage.

The individual community
living support base wage equals deleted text begin20deleted text endnew text begin 60new text end percent of the Minneapolis-St. Paul-Bloomington,
MN-WI MetroSA average wage for deleted text beginlicensed practical and licensed vocational nursesdeleted text endnew text begin social
and human services aides
new text end (SOC code deleted text begin29-2061deleted text endnew text begin 21-1093new text end); and deleted text begin80deleted text endnew text begin 40new text end percent of the
Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants
(SOC code deleted text begin31-1014deleted text endnew text begin 31-1131new text end).

Subd. 14.

Registered nurse base wage.

The registered nurse base wage equals 100
percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for
registered nurses (SOC code 29-1141).

Subd. 15.

deleted text beginSocial workerdeleted text endnew text begin Unlicensed supervisornew text end base wage.

The deleted text beginsocial workerdeleted text endnew text begin
unlicensed supervisor
new text end base wage equals 100 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for deleted text beginmedical and public health socialdeleted text endnew text begin
first-line supervisors of personal service
new text end workers (SOC code deleted text begin21-1022deleted text endnew text begin 39-1098new text end).

new text begin Subd. 16. new text end

new text begin Adult day services base wage. new text end

new text begin The adult day services base wage equals 75
percent of the Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage for home
health and personal care aides (SOC code 31-1120); and 25 percent of the Minneapolis-St.
Paul-Bloomington, MN-WI MetroSA average wage for nursing assistants (SOC code
31-1131).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 21.

Minnesota Statutes 2020, section 256S.213, is amended to read:


256S.213 RATE SETTING; FACTORSnew text begin AND SUPERVISION WAGE
COMPONENTS
new text end.

Subdivision 1.

Payroll taxes and benefits factor.

The payroll taxes and benefits factor
is the sum of net payroll taxes and benefits, divided by the sum of all salaries for all nursing
facilities on the most recent and available cost report.

Subd. 2.

General and administrative factor.

The general and administrative factor is
deleted text begin the difference of net general and administrative expenses and administrative salaries, divided
by total operating expenses for all nursing facilities on the most recent and available cost
report
deleted text endnew text begin 14.4 percentnew text end.

Subd. 3.

Program plan support factor.

new text begin(a) new text endThe program plan support factor is deleted text begin12.8deleted text endnew text begin tennew text end
percentnew text begin for the following servicesnew text end to cover the cost of direct service staff needed to provide
support for deleted text beginhome and community-baseddeleted text endnew text begin thenew text end service when not engaged in direct contact with
participantsdeleted text begin.deleted text endnew text begin:
new text end

new text begin (1) adult day services;
new text end

new text begin (2) customized living; and
new text end

new text begin (3) foster care.
new text end

new text begin (b) The program plan support factor is 15.5 percent for the following services to cover
the cost of direct service staff needed to provide support for the service when not engaged
in direct contact with participants:
new text end

new text begin (1) chore services;
new text end

new text begin (2) companion services;
new text end

new text begin (3) homemaker services and assistance with personal care;
new text end

new text begin (4) homemaker services and cleaning;
new text end

new text begin (5) homemaker services and home management;
new text end

new text begin (6) in-home respite care;
new text end

new text begin (7) individual community living support; and
new text end

new text begin (8) out-of-home respite care.
new text end

Subd. 4.

Registered nurse management and supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end.

The
registered nurse management and supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end equals 15 percent of
the registered nurse adjusted base wage as defined in section 256S.214.

Subd. 5.

deleted text beginSocial workerdeleted text endnew text begin Unlicensed supervisornew text end supervision deleted text beginfactordeleted text endnew text begin wage
component
new text end.

The deleted text beginsocial workerdeleted text endnew text begin unlicensed supervisornew text end supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end
equals 15 percent of the deleted text beginsocial workerdeleted text endnew text begin unlicensed supervisornew text end adjusted base wage as defined
in section 256S.214.

new text begin Subd. 6. new text end

new text begin Facility and equipment factor. new text end

new text begin The facility and equipment factor for adult
day services is 16.2 percent.
new text end

new text begin Subd. 7. new text end

new text begin Food, supplies, and transportation factor. new text end

new text begin The food, supplies, and
transportation factor for adult day services is 24 percent.
new text end

new text begin Subd. 8. new text end

new text begin Supplies and transportation factor. new text end

new text begin The supplies and transportation factor
for the following services is 1.56 percent:
new text end

new text begin (1) chore services;
new text end

new text begin (2) companion services;
new text end

new text begin (3) homemaker services and assistance with personal care;
new text end

new text begin (4) homemaker services and cleaning;
new text end

new text begin (5) homemaker services and home management;
new text end

new text begin (6) in-home respite care;
new text end

new text begin (7) individual community living support; and
new text end

new text begin (8) out-of-home respite care.
new text end

new text begin Subd. 9. new text end

new text begin Absence factor. new text end

new text begin The absence factor for the following services is 4.5 percent:
new text end

new text begin (1) adult day services;
new text end

new text begin (2) chore services;
new text end

new text begin (3) companion services;
new text end

new text begin (4) homemaker services and assistance with personal care;
new text end

new text begin (5) homemaker services and cleaning;
new text end

new text begin (6) homemaker services and home management;
new text end

new text begin (7) in-home respite care;
new text end

new text begin (8) individual community living support; and
new text end

new text begin (9) out-of-home respite care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 22.

Minnesota Statutes 2020, section 256S.214, is amended to read:


256S.214 RATE SETTING; ADJUSTED BASE WAGE.

For the purposes of section 256S.215, the adjusted base wage for each position equals
the position's base wage under section 256S.212 plus:

(1) the position's base wage multiplied by the payroll taxes and benefits factor under
section 256S.213, subdivision 1;

deleted text begin (2) the position's base wage multiplied by the general and administrative factor under
section 256S.213, subdivision 2; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end the position's base wage multiplied by the new text beginapplicable new text endprogram plan support factor
under section 256S.213, subdivision 3deleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) the position's base wage multiplied by the absence factor under section 256S.213,
subdivision 9, if applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 23.

Minnesota Statutes 2020, section 256S.215, is amended to read:


256S.215 RATE SETTING; COMPONENT RATES.

Subdivision 1.

Medication setups by licensed nurse component rate.

The component
rate for medication setups by a licensed nurse equals the medication setups by licensed
nurse adjusted base wage.

Subd. 2.

Home management and support services component rate.

The component
rate for home management and support services is new text begincalculated as follows:
new text end

new text begin (1) sum new text endthe home management and support services adjusted base wage deleted text beginplusdeleted text endnew text begin andnew text end the
registered nurse management and supervision deleted text beginfactor.deleted text endnew text begin wage component;
new text end

new text begin (2) multiply the result of clause (1) by one plus the general and administrative factor;
and
new text end

new text begin (3) sum the results of clauses (1) and (2).
new text end

Subd. 3.

Home care aide services component rate.

The component rate for home care
aide services isnew text begin calculated as follows:
new text end

new text begin (1) sumnew text end the home health aide services adjusted base wage deleted text beginplusdeleted text endnew text begin andnew text end the registered nurse
management and supervision deleted text beginfactor.deleted text endnew text begin wage component;
new text end

new text begin (2) multiply clause (1) by one plus the general and administrative factor; and
new text end

new text begin (3) sum the results of clauses (1) and (2).
new text end

Subd. 4.

Home health aide services component rate.

The component rate for home
health aide services is new text begincalculated as follows:
new text end

new text begin (1) sum new text endthe home health aide services adjusted base wage deleted text beginplusdeleted text endnew text begin andnew text end the registered nurse
management and supervision deleted text beginfactor.deleted text endnew text begin wage component;
new text end

new text begin (2) multiply the result of clause (1) by one plus the general and administrative factor;
and
new text end

new text begin (3) sum the results of clauses (1) and (2).
new text end

Subd. 5.

Socialization component rate.

The component rate under elderly waiver
customized living for one-to-one socialization equals the home management and support
services component rate.

Subd. 6.

Transportation component rate.

The component rate under elderly waiver
customized living for one-to-one transportation equals the home management and support
services component rate.

Subd. 7.

Chore services rate.

The 15-minute unit rate for chore services is calculated
as follows:

(1) sum the chore services adjusted base wage and the deleted text beginsocial workerdeleted text endnew text begin unlicensed supervisornew text end
supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end; deleted text beginand
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

Subd. 8.

Companion services rate.

The 15-minute unit rate for companion services is
calculated as follows:

(1) sum the companion services adjusted base wage and the deleted text beginsocial workerdeleted text endnew text begin unlicensed
supervisor
new text end supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end; deleted text beginand
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

Subd. 9.

Homemaker services and assistance with personal care rate.

The 15-minute
unit rate for homemaker services and assistance with personal care is calculated as follows:

(1) sum the homemaker services and assistance with personal care adjusted base wage
and the deleted text beginregistered nurse management anddeleted text endnew text begin unlicensed supervisornew text end supervision deleted text beginfactordeleted text endnew text begin wage
component
new text end; deleted text beginand
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

Subd. 10.

Homemaker services and cleaning rate.

The 15-minute unit rate for
homemaker services and cleaning is calculated as follows:

(1) sum the homemaker services and cleaning adjusted base wage and the deleted text beginregistered
nurse management and
deleted text endnew text begin unlicensed supervisornew text end supervision deleted text beginfactordeleted text endnew text begin base wagenew text end; deleted text beginand
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

Subd. 11.

Homemaker services and home management rate.

The 15-minute unit rate
for homemaker services and home management is calculated as follows:

(1) sum the homemaker services and home management adjusted base wage and the
deleted text begin registered nurse management anddeleted text endnew text begin unlicensed supervisornew text end supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end;
deleted text begin and
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

Subd. 12.

In-home respite care services rates.

(a) The 15-minute unit rate for in-home
respite care services is calculated as follows:

(1) sum the in-home respite care services adjusted base wage and the registered nurse
management and supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end; deleted text beginand
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

(b) The in-home respite care services daily rate equals the in-home respite care services
15-minute unit rate multiplied by 18.

Subd. 13.

Out-of-home respite care services rates.

(a) The 15-minute unit rate for
out-of-home respite care is calculated as follows:

(1) sum the out-of-home respite care services adjusted base wage and the registered
nurse management and supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end; deleted text beginand
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

(b) The out-of-home respite care services daily rate equals the 15-minute unit rate for
out-of-home respite care services multiplied by 18.

Subd. 14.

Individual community living support rate.

The individual community living
support rate is calculated as follows:

(1) sum the deleted text beginhome care aidedeleted text endnew text begin individual community living supportnew text end adjusted base wage
and the deleted text beginsocial workerdeleted text endnew text begin registered nurse management andnew text end supervision deleted text beginfactordeleted text endnew text begin wage componentnew text end;
deleted text begin and
deleted text end

(2)new text begin multiply the result of clause (1) by one plus the general and administrative factor;
new text end

new text begin (3) multiply the result of clause (1) by one plus the supplies and transportation factor;
and
new text end

new text begin (4) sum the results of clauses (1) to (3) andnew text end divide the result deleted text beginof clause (1)deleted text end by four.

Subd. 15.

Home-delivered meals rate.

The home-delivered meals rate equals deleted text begin$9.30deleted text endnew text begin
$8.17
new text end. deleted text beginThe commissioner shall increase the home delivered meals rate every July 1 by the
percent increase in the nursing facility dietary per diem using the two most recent and
available nursing facility cost reports.
deleted text end

Subd. 16.

Adult day services rate.

The 15-minute unit rate for adult day servicesdeleted text begin, with
an assumed staffing ratio of one staff person to four participants, is the sum of
deleted text endnew text begin is calculated
as follows
new text end:

(1) deleted text beginone-sixteenth of the home care aidedeleted text endnew text begin divide the adult daynew text end services adjusted base wagedeleted text begin,
except that the general and administrative factor used to determine the home care aide
services adjusted base wage is 20 percent
deleted text endnew text begin by five to reflect an assumed staffing ratio of one
to five
new text end;

(2) deleted text beginone-fourth of the registered nurse management and supervision factordeleted text endnew text begin sum the result
of clause (1) and the registered nurse management and supervision wage component
new text end; deleted text beginand
deleted text end

(3) deleted text begin$0.63 to cover the cost of meals.deleted text endnew text begin multiply the result of clause (2) by one plus the
general and administrative factor;
new text end

new text begin (4) multiply the result of clause (2) by one plus the facility and equipment factor;
new text end

new text begin (5) multiply the result of clause (2) by one plus the food, supplies, and transportation
factor; and
new text end

new text begin (6) sum the results of clauses (2) to (5) and divide the result by four.
new text end

Subd. 17.

Adult day services bath rate.

The 15-minute unit rate for adult day services
bath is deleted text beginthe sum ofdeleted text endnew text begin calculated as followsnew text end:

(1) deleted text beginone-fourth of the home care aidedeleted text endnew text begin sum the adult daynew text end services adjusted base wagedeleted text begin,
except that the general and administrative factor used to determine the home care aide
services adjusted base wage is 20 percent
deleted text endnew text begin and the nurse management and supervision wage
component
new text end;

(2) deleted text beginone-fourth of the registered nurse management and supervision factordeleted text endnew text begin multiply the
result of clause (1) by one plus the general and administrative factor
new text end; deleted text beginand
deleted text end

(3) deleted text begin$0.63 to cover the cost of meals.deleted text endnew text begin multiply the result of clause (1) by one plus the
facility and equipment factor;
new text end

new text begin (4) multiply the result of clause (1) by one plus the food, supplies, and transportation
factor; and
new text end

new text begin (5) sum the results of clauses (1) to (4) and divide the result by four.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 24. new text beginDIRECTION TO COMMISSIONER; INITIAL PACE IMPLEMENTATION
FUNDING.
new text end

new text begin The commissioner of human services must work with stakeholders to develop
recommendations for financing mechanisms to complete the actuarial work and cover the
administrative costs of a program of all-inclusive care for the elderly (PACE). The
commissioner must recommend a financing mechanism that could begin July 1, 2024. By
December 15, 2023, the commissioner shall inform the chairs and ranking minority members
of the legislative committees with jurisdiction over health care funding on the commissioner's
progress toward developing a recommended financing mechanism.
new text end

Sec. 25. new text beginTITLE.
new text end

new text begin Sections 181.212 to 181.217 shall be known as the "Minnesota Nursing Home Workforce
Standards Board Act."
new text end

Sec. 26. new text beginINITIAL APPOINTMENTS.
new text end

new text begin The governor shall make initial appointments to the Minnesota Nursing Home Workforce
Standards Board under Minnesota Statutes, section 181.212, no later than August 1, 2022.
new text end

Sec. 27. new text beginREVISOR INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, chapter 256S, the revisor of statutes shall change the following
terms:
new text end

new text begin (1) "homemaker services and assistance with personal care" to "homemaker assistance
with personal care services";
new text end

new text begin (2) "homemaker services and cleaning" to "homemaker cleaning services"; and
new text end

new text begin (3) "homemaker services and home management" to "homemaker home management
services" wherever the terms appear.
new text end

new text begin (b) The revisor shall also make necessary grammatical changes related to the changes
in terms.
new text end

Sec. 28. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 256S.19, subdivision 4, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

ARTICLE 6

CHILD AND VULNERABLE ADULT PROTECTION POLICY

Section 1.

Minnesota Statutes 2020, section 260.012, is amended to read:


260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
servicesnew text begin and practicesnew text end, by the social services agency are made to prevent placement or to
eliminate the need for removal and to reunite the child with the child's family at the earliest
possible time, and the court must ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for the child as provided in
paragraph (e). In determining reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14
;

(2) the parental rights of the parent to another child have been terminated involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d),
clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.505, or a termination of parental rights
petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under
sections 260C.503 to 260C.521 must be held within 30 days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In
cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, the responsible social services agency must provide active efforts as required under
United States Code, title 25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in foster
care by working with the family to develop and implement a safety plannew text begin that is individualized
to the needs of the child and the child's family and may include support persons from the
child's extended family, kin network, and community
new text end; or

(2) new text beginthe agency has demonstrated to the court that, new text endgiven the particular circumstances of
the child and family at the time of the child's removal, there are no services or efforts
available deleted text beginwhichdeleted text endnew text begin thatnew text end could allow the child to safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence
by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.219;

(3) conduct a relative search to identify and provide notice to adult relativesnew text begin, and engage
relatives in case planning and permanency planning,
new text end as required under section 260C.221;

new text begin (4) consider placing the child with relatives in the order specified in section 260C.212,
subdivision 2, paragraph (a);
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end place siblings removed from their home in the same home for foster care or
adoption, or transfer permanent legal and physical custody to a relative. Visitation between
siblings who are not in the same foster care, adoption, or custodial placement or facility
shall be consistent with section 260C.212, subdivision 2; and

deleted text begin (5)deleted text endnew text begin (6)new text end when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the child,
and considers permanent alternative homes for the child inside or outside of the state,
preferably new text beginwith a relative in the order specified in section 260C.212, subdivision 2, paragraph
(a),
new text endthrough adoption or transfer of permanent legal and physical custody of the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
new text begin individualized new text endneeds of the child and the child's family. Services may include those provided
by the responsible social services agency and other culturally appropriate services available
in the community. new text beginThe responsible social services agency must select services for a child
and the child's family by collaborating with the child's family and, if appropriate, the child.
new text end At each stage of the proceedings deleted text beginwheredeleted text endnew text begin whennew text end the court is required to review the
appropriateness of the responsible social services agency's reasonable efforts as described
in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating
that:

(1) deleted text beginitdeleted text end new text beginthe agency new text endhas made reasonable efforts to prevent placement of the child in foster
carenew text begin, including that the agency considered or established a safety plan according to paragraph
(d), clause (1)
new text end;

(2) deleted text beginitdeleted text endnew text begin the agencynew text end has made reasonable efforts to eliminate the need for removal of the
child from the child's home and to reunify the child with the child's family at the earliest
possible time;

new text begin (3) the agency has made reasonable efforts to finalize a permanent plan for the child
pursuant to paragraph (e);
new text end

deleted text begin (3) itdeleted text end new text begin(4) the agency new text endhas made reasonable efforts to finalize an alternative permanent
home for the child, and deleted text beginconsidersdeleted text endnew text begin considerednew text end permanent alternative homes for the child
deleted text begin inside or outsidedeleted text endnew text begin in or outnew text end of the statenew text begin, preferably with a relative in the order specified in
section 260C.212, subdivision 2, paragraph (a)
new text end; or

deleted text begin (4)deleted text endnew text begin (5)new text end reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or factsnew text begin thatnew text end the agency believes demonstrate new text beginthat new text endthere is no need for
reasonable efforts to reunify the parent and child, or through testimony or a certified report
required under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not required
because the court has made one of the prima facie determinations under paragraph (a), the
court may only require new text beginthe agency to make new text endreasonable efforts for reunification after a hearing
according to section 260C.163, deleted text beginwheredeleted text endnew text begin ifnew text end the court findsnew text begin thatnew text end there is not clear and convincing
evidence of the facts upon which the court based deleted text beginitsdeleted text endnew text begin the court'snew text end prima facie determination.
deleted text begin In this case whendeleted text endnew text begin Ifnew text end there is clear and convincing evidence that the child is in need of
protection or services, the court may find the child in need of protection or services and
order any of the dispositions available under section 260C.201, subdivision 1. Reunification
of a child with a parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;

(4) committing sexual abuse as defined in section 260E.03, against the child or another
child of the parent; or

(5) an offense that requires registration as a predatory offender under section 243.166,
subdivision 1b
, paragraph (a) or (b).

(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201,
260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable
efforts have been madenew text begin by the agencynew text end, the court shall consider whether services to the child
and family were:

new text begin (1) selected in collaboration with the child's family and, if appropriate, the child;
new text end

new text begin (2) tailored to the individualized needs of the child and child's family;
new text end

deleted text begin (1)deleted text endnew text begin (3)new text end relevant to the safety deleted text beginanddeleted text endnew text begin,new text end protectionnew text begin, and well-beingnew text end of the child;

deleted text begin (2)deleted text endnew text begin (4)new text end adequate to meet the new text beginindividualized new text endneeds of the child and family;

deleted text begin (3)deleted text endnew text begin (5)new text end culturally appropriate;

deleted text begin (4)deleted text endnew text begin (6)new text end available and accessible;

deleted text begin (5)deleted text endnew text begin (7)new text end consistent and timely; and

deleted text begin (6)deleted text endnew text begin (8)new text end realistic under the circumstances.

In the alternative, the court may determine that new text beginthe new text endprovision of services or further services
for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances
or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for new text beginthe new text endtreatment of a child with
a mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or new text beginthe child's new text endindividual treatment plan indicates that appropriate and
necessary treatment cannot be effectively provided outside of a residential or inpatient
treatment program and the level or intensity of supervision and treatment cannot be
effectively and safely provided in the child's home or community and it is determined that
a residential treatment setting is the least restrictive setting that is appropriate to the needs
of the child.

(j) If continuation of reasonable efforts to prevent placement or reunify the child with
the parent or guardian from whom the child was removed is determined by the court to be
inconsistent with the permanent plan for the child or upon the court making one of the prima
facie determinations under paragraph (a), reasonable efforts must be made to place the child
in a timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent placement
may be made concurrently with reasonable efforts to prevent placement or to reunify the
child with the parent or guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable efforts for both reunification
and permanent placement away from the parent under paragraph (a), the agency shall disclose
deleted text begin itsdeleted text endnew text begin the agency'snew text end decision and both plans for concurrent reasonable efforts to all parties and
the court. When the agency discloses deleted text beginitsdeleted text endnew text begin the agency'snew text end decision to proceed deleted text beginondeleted text endnew text begin withnew text end both plans
for reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.

Sec. 2.

Minnesota Statutes 2020, section 260C.001, subdivision 3, is amended to read:


Subd. 3.

Permanency, termination of parental rights, and adoption.

The purpose of
the laws relating to permanency, termination of parental rights, and children who come
under the guardianship of the commissioner of human services is to ensure that:

(1) when required and appropriate, reasonable efforts have been made by the social
services agency to reunite the child with the child's parents in a home that is safe and
permanent;

(2) if placement with the parents is not reasonably foreseeable, to secure for the child a
safe and permanent placement according to the requirements of section 260C.212, subdivision
2, preferably deleted text beginwith adoptive parentsdeleted text endnew text begin with a relative through an adoption or a transfer of
permanent legal and physical custody
new text end or, if that is not possible or in the best interests of the
child, deleted text begina fit and willing relative through transfer of permanent legal and physical custody to
that relative
deleted text endnew text begin with a nonrelative caregiver through adoptionnew text end; and

(3) when a child is under the guardianship of the commissioner of human services,
reasonable efforts are made to finalize an adoptive home for the child in a timely manner.

Nothing in this section requires reasonable efforts to prevent placement or to reunify
the child with the parent or guardian to be made in circumstances where the court has
determined that the child has been subjected to egregious harm, when the child is an
abandoned infant, the parent has involuntarily lost custody of another child through a
proceeding under section 260C.515, subdivision 4, or similar law of another state, the
parental rights of the parent to a sibling have been involuntarily terminated, or the court has
determined that reasonable efforts or further reasonable efforts to reunify the child with the
parent or guardian would be futile.

The paramount consideration in all proceedings for permanent placement of the child
under sections 260C.503 to 260C.521, or the termination of parental rights is the best interests
of the child. In proceedings involving an American Indian child, as defined in section
260.755, subdivision 8, the best interests of the child must be determined consistent with
the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq.

Sec. 3.

Minnesota Statutes 2020, section 260C.007, subdivision 27, is amended to read:


Subd. 27.

Relative.

"Relative" means a person related to the child by blood, marriage,
or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual
who is an important friend new text beginof the child or of the child's parent or custodian, including an
individual
new text endwith whom the child has resided or had significant contactnew text begin or who has a significant
relationship to the child or the child's parent or custodian
new text end.

Sec. 4.

Minnesota Statutes 2020, section 260C.151, subdivision 6, is amended to read:


Subd. 6.

Immediate custody.

If the court makes individualized, explicit findings, based
on the notarized petition or sworn affidavit, that there are reasonable grounds to believe
new text begin that new text endthe child is in surroundings or conditions deleted text beginwhichdeleted text endnew text begin thatnew text end endanger the child's health, safety,
or welfare that require that responsibility for the child's care and custody be immediately
assumed by the responsible social services agency and that continuation of the child in the
custody of the parent or guardian is contrary to the child's welfare, the court may order that
the officer serving the summons take the child into immediate custody for placement of the
child in foster carenew text begin, preferably with a relativenew text end. In ordering that responsibility for the care,
custody, and control of the child be assumed by the responsible social services agency, the
court is ordering emergency protective care as that term is defined in the juvenile court
rules.

Sec. 5.

Minnesota Statutes 2020, section 260C.152, subdivision 5, is amended to read:


Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

The foster
parents, if any, of a child and any preadoptive parent or relative providing care for the child
must be provided notice of and a right to be heard in any review or hearing to be held with
respect to the child. Any other relative may also request, and must be granted, a notice and
the deleted text beginopportunitydeleted text endnew text begin rightnew text end to be heard under this section. This subdivision does not require that
a foster parent, preadoptive parent, or new text beginanynew text end relative providing care for the child be made a
party to a review or hearing solely on the basis of the notice and right to be heard.

Sec. 6.

Minnesota Statutes 2020, section 260C.175, subdivision 2, is amended to read:


Subd. 2.

Notice to parent or custodiannew text begin and child; emergency placement with
relative
new text end.

deleted text beginWheneverdeleted text endnew text begin (a) At the time thatnew text end a peace officer takes a child into custody fornew text begin relative
placement or
new text end shelter care deleted text beginor relative placementdeleted text end pursuant to subdivision 1, section 260C.151,
subdivision 5
, or section 260C.154, the officer shall notify the new text beginchild's new text endparent or custodiannew text begin
and the child, if the child is ten years of age or older,
new text end that under section 260C.181, subdivision
2
, the parent or custodiannew text begin or the childnew text end may request deleted text beginthatdeleted text endnew text begin to placenew text end the child deleted text beginbe placeddeleted text end with a
relative deleted text beginor a designated caregiver underdeleted text end new text beginas defined in section 260C.007, subdivision 27,new text end
deleted text begin chapter 257Adeleted text end instead of in a shelter care facility.new text begin When a child who is not alleged to be
delinquent is taken into custody pursuant to subdivision 1, clause (1) or (2), item (ii), and
placement with an identified relative is requested, the peace officer shall coordinate with
the responsible social services agency to ensure the child's safety and well-being, and comply
with section 260C.181, subdivision 2.
new text end

new text begin (c) new text endThe officer also shall give the parent or custodian of the child a list of names,
addresses, and telephone numbers of social services agencies that offer child welfare services.
If the parent or custodian was not present when the child was removed from the residence,
the list shall be left with an adult on the premises or left in a conspicuous place on the
premises if no adult is present. If the officer has reason to believe the parent or custodian
is not able to read and understand English, the officer must provide a list that is written in
the language of the parent or custodian. The list shall be prepared by the commissioner of
human services. The commissioner shall prepare lists for each county and provide each
county with copies of the list without charge. The list shall be reviewed annually by the
commissioner and updated if it is no longer accurate. Neither the commissioner nor any
peace officer or the officer's employer shall be liable to any person for mistakes or omissions
in the list. The list does not constitute a promise that any agency listed will deleted text beginin factdeleted text end assist the
parent or custodian.

Sec. 7.

Minnesota Statutes 2020, section 260C.176, subdivision 2, is amended to read:


Subd. 2.

Reasons for detention.

(a) If the child is not released as provided in subdivision
1, the person taking the child into custody shall notify the court as soon as possible of the
detention of the child and the reasons for detention.

(b) No child taken into custody and placed in anew text begin relative's home ornew text end shelter care facility
deleted text begin or relative's homedeleted text end by a peace officer pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), may be held in custody longer than 72 hours, excluding Saturdays,
Sundays and holidays, unless a petition has been filed and the judge or referee determines
pursuant to section 260C.178 that the child shall remain in custody or unless the court has
made a finding of domestic abuse perpetrated by a minor after a hearing under Laws 1997,
chapter 239, article 10, sections 2 to 26, in which case the court may extend the period of
detention for an additional seven days, within which time the social services agency shall
conduct an assessment and shall provide recommendations to the court regarding voluntary
services or file a child in need of protection or services petition.

Sec. 8.

Minnesota Statutes 2020, section 260C.178, subdivision 1, is amended to read:


Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the timenew text begin thatnew text end the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continuenew text begin to benew text end in
custody.

(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines new text beginthat new text endthere is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the childnew text begin:
new text end

new text begin (1) into the care of the child's noncustodial parent and order the noncustodial parent to
comply with any conditions that the court determines appropriate to ensure the safety and
care of the child, including requiring the noncustodial parent to cooperate with paternity
establishment proceedings if the noncustodial parent has not been adjudicated the child's
father; or
new text end

new text begin (2)new text end into foster care as defined in section 260C.007, subdivision 18, under the legal
responsibility of the responsible social services agency or responsible probation or corrections
agency for the purposes of protective care as that term is used in the juvenile court rules deleted text beginor
into the home of a noncustodial parent and order the noncustodial parent to comply with
any conditions the court determines to be appropriate to the safety and care of the child,
including cooperating with paternity establishment proceedings in the case of a man who
has not been adjudicated the child's father
deleted text end. The court shall not give the responsible social
services legal custody and order a trial home visit at any time prior to adjudication and
disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order
the child returned to the care of the parent or guardian who has custody and from whom the
child was removed and order the parent or guardian to comply with any conditions the court
determines to be appropriate to meet the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:

(1) that deleted text beginitdeleted text end new text beginthe agency new text endhas actually provided services or made efforts in an attempt to
prevent the child's removal but that such services or efforts have not proven sufficient to
permit the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. new text beginThe court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home.
new text endWhen reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered deleted text beginwhichdeleted text endnew text begin thatnew text end would
permit the child to safely return home, the court shall order the child returned to the care of
the parent or guardian and the services or efforts put in place to ensure the child's safety.
When the court makes a prima facie determination that one of the circumstances under
paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement
and to return the child to the care of the parent or guardian are not required.

new text begin (f) new text endIf the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.

deleted text begin (f)deleted text endnew text begin (g)new text end The court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.

deleted text begin (g)deleted text endnew text begin (h)new text end At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14
;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.

deleted text begin (h)deleted text endnew text begin (i)new text end When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

deleted text begin (i)deleted text endnew text begin (j)new text end If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

deleted text begin (j)deleted text endnew text begin (k)new text end If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sectionsnew text begin 260C.150,new text end 260C.151, 260C.212,
260C.215, new text begin260C.219, new text endand 260C.221.

deleted text begin (k)deleted text endnew text begin (l)new text end If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.

deleted text begin (l)deleted text endnew text begin (m)new text end When the court has ordered the child into new text beginthe care of a noncustodial parent or in
new text end foster care deleted text beginor into the home of a noncustodial parentdeleted text end, the court may order a chemical
dependency evaluation, mental health evaluation, medical examination, and parenting
assessment for the parent as necessary to support the development of a plan for reunification
required under subdivision 7 and section 260C.212, subdivision 1, or the child protective
services plan under section 260E.26, and Minnesota Rules, part 9560.0228.

Sec. 9.

Minnesota Statutes 2020, section 260C.181, subdivision 2, is amended to read:


Subd. 2.

Least restrictive setting.

Notwithstanding the provisions of subdivision 1, if
the child had been taken into custody pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), and is not alleged to be delinquent, the child shall be detained in the
least restrictive setting consistent with the child's health and welfare and in closest proximity
to the child's family as possible. Placement may be with a child's relativedeleted text begin, a designateddeleted text end
deleted text begin caregiver under chapter 257A,deleted text end ornew text begin,new text endnew text begin if no placement is available with a relative,new text end in a shelter
care facility. The placing officer shall comply with this section and shall document why a
less restrictive setting will or will not be in the best interests of the child for placement
purposes.

Sec. 10.

Minnesota Statutes 2020, section 260C.193, subdivision 3, is amended to read:


Subd. 3.

Best interests of the child.

(a) The policy of the state is to ensure that the best
interests of children in foster care, who experience new text begina new text endtransfer of permanent legal and physical
custody to a relative under section 260C.515, subdivision 4, or adoption under this chapter,
are met bynew text begin:
new text end

new text begin (1) considering placement of a child with relatives in the order specified in section
260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2)new text end requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected home will serve the needs
of the child.

(b) No later than three months after a child is ordered new text beginto be new text endremoved from the care of a
parent in the hearing required under section 260C.202, the court shall review and enter
findings regarding whether the responsible social services agency deleted text beginmadedeleted text end:

(1) deleted text begindiligent effortsdeleted text end new text beginexercised due diligencenew text end to identify deleted text beginanddeleted text endnew text begin,new text end search fornew text begin, notify, and engagenew text end
relatives as required under section 260C.221; and

(2) new text beginmade a placement consistent with section 260C.212, subdivision 2, that is based on
new text end an individualized determination deleted text beginas required under section 260C.212, subdivision 2,deleted text end new text beginof the
child's needs
new text endto select a home that meets the needs of the child.

(c) If the court finds new text beginthat new text endthe agency has not deleted text beginmade effortsdeleted text end new text beginexercised due diligencenew text end as
required under section 260C.221, deleted text beginanddeleted text end new text beginthe court shall order the agency to make reasonable
efforts. If
new text endthere is a relative who qualifies to be licensed to provide family foster care under
chapter 245A, the court may order the child new text beginto be new text endplaced with the relative consistent with
the child's best interests.

(d) If the agency's efforts under section 260C.221 are found new text beginby the court new text endto be sufficient,
the court shall order the agency to continue to appropriately engage relatives who responded
to the notice under section 260C.221 in placement and case planning decisions and to
appropriately engage relatives who subsequently come to the agency's attention.new text begin A court's
finding that the agency has made reasonable efforts under this paragraph does not relieve
the agency of the duty to continue notifying relatives who come to the agency's attention
and engaging and considering relatives who respond to the notice under section 260C.221
in child placement and case planning decisions.
new text end

(e) If the child's birth parent deleted text beginor parentsdeleted text end explicitly deleted text beginrequestdeleted text endnew text begin requestsnew text end that a new text beginspecific new text endrelative
deleted text begin or important frienddeleted text end not be considerednew text begin for placement of the childnew text end, the court shall honor that
request if it is consistent with the best interests of the child and consistent with the
requirements of section 260C.221.new text begin The court shall not waive relative search, notice, and
consideration requirements, unless section 260C.139 applies.
new text end If the child's birth parent deleted text beginor
parents express
deleted text endnew text begin expressesnew text end a preference for placing the child in a foster or adoptive home of
the same or a similar religious background deleted text begintodeleted text endnew text begin asnew text end that of the birth parent or parents, the court
shall order placement of the child with an individual who meets the birth parent's religious
preference.

(f) Placement of a child deleted text begincannotdeleted text endnew text begin must notnew text end be delayed or denied based on race, color, or
national origin of the foster parent or the child.

(g) Whenever possible, siblings requiring foster care placement deleted text beginshoulddeleted text endnew text begin shallnew text end be placed
together unless it is determined not to be in the best interests ofnew text begin one or more of thenew text end siblings
after weighing the benefits of separate placement against the benefits of sibling connections
for each sibling. new text beginThe agency shall consider section 260C.008 when making this determination.
new text end If siblings were not placed together according to section 260C.212, subdivision 2, paragraph
(d), the responsible social services agency shall report to the court the efforts made to place
the siblings together and why the efforts were not successful. If the court is not satisfied
that the agency has made reasonable efforts to place siblings together, the court must order
the agency to make further reasonable efforts. If siblings are not placed together, the court
shall order the responsible social services agency to implement the plan for visitation among
siblings required as part of the out-of-home placement plan under section 260C.212.

(h) This subdivision does not affect the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.

Sec. 11.

Minnesota Statutes 2020, section 260C.201, subdivision 1, is amended to read:


Subdivision 1.

Dispositions.

(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, deleted text beginitdeleted text endnew text begin the courtnew text end shall enter an order making any of
the following dispositions of the case:

(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:

(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;

(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and

(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In making a foster care placement deleted text beginfordeleted text endnew text begin ofnew text end a
child whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using thenew text begin
placement
new text end considerationnew text begin ordernew text end for relativesdeleted text begin,deleted text endnew text begin andnew text end the best interest factors in section 260C.212,
subdivision 2deleted text begin, paragraph (b)deleted text end
, and may include a child colocated with a parent in a licensed
residential family-based substance use disorder treatment program under section 260C.190;
or

(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:

(i) shall continue to have legal custody of the child, which means new text beginthat new text endthe agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;

(ii) shall continue to have the ability to access information under section 260C.208;

(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;

(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;

(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and

(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order deleted text beginwhichdeleted text endnew text begin thatnew text end describes the child's circumstances during the trial
home visit and recommends appropriate orders, if any, for the court to enter to provide for
the child's safety and stability. In the event a trial home visit is terminated by the agency
by removing the child to foster care without prior court order or authorization, the court
shall conduct a hearing within ten days of receiving notice of the termination of the trial
home visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;

(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interests; or

(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.

(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;

(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:

(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or

(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.

To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.

(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.

Sec. 12.

Minnesota Statutes 2020, section 260C.201, subdivision 2, is amended to read:


Subd. 2.

Written findings.

(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:

(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;

(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;

(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using thenew text begin relative and sibling placement
considerations and best interest
new text end factors in section 260C.212, subdivision 2deleted text begin, paragraph (b)deleted text end,
or the appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;

(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:

(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;

(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1deleted text begin;deleted text endnew text begin. The court's findings must
include a description of the agency's efforts to:
new text end

new text begin (A) identify and locate the child's noncustodial or nonresident parent;
new text end

new text begin (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
the child; and
new text end

new text begin (C) if appropriate, provide services necessary to enable the noncustodial or nonresident
parent to safely provide the child's day-to-day care, including efforts to engage the
noncustodial or nonresident parent in assuming care and responsibility of the child;
new text end

(iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
agency has made diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other relatives, who came
to the attention of the agency after notice under section 260C.221 was sent, in placement
and case planning decisions fulfills the requirement of this item;

(iv) to identify and make a foster care placement new text beginof the child, considering the order in
section 260C.212, subdivision 2, paragraph (a),
new text endin the home of an unlicensed relative,
according to the requirements of section 245A.035, a licensed relative, or other licensed
foster care providernew text begin,new text end who will commit to being the permanent legal parent or custodian for
the child in the event reunification cannot occur, but who will actively support the
reunification plan for the childnew text begin. If the court finds that the agency has not appropriately
considered relatives for placement of the child, the court shall order the agency to comply
with section 260C.212, subdivision 2, paragraph (a). The court may order the agency to
continue considering relatives for placement of the child regardless of the child's current
placement setting
new text end; and

(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and

(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:

(i) whether the child has mental health needs that must be addressed by the case plan;

(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;

(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and

(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.

(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.

(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan deleted text beginwhichdeleted text endnew text begin thatnew text end
is for reunification with the child's parent or guardian and a secondary plan deleted text beginwhichdeleted text endnew text begin thatnew text end is
for an alternative, legally permanent home for the child in the event reunification cannot
be achieved in a timely manner.

Sec. 13.

Minnesota Statutes 2020, section 260C.202, is amended to read:


260C.202 COURT REVIEW OF FOSTER CARE.

(a) If the court orders a child placed in foster care, the court shall review the out-of-home
placement plan and the child's placement at least every 90 days as required in juvenile court
rules to determine whether continued out-of-home placement is necessary and appropriate
or whether the child should be returned home. This review is not required if the court has
returned the child home, ordered the child permanently placed away from the parent under
sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review
for a child permanently placed away from a parent, including where the child is under
guardianship of the commissioner, shall be governed by section 260C.607. When a child
is placed in a qualified residential treatment program setting as defined in section 260C.007,
subdivision 26d, the responsible social services agency must submit evidence to the court
as specified in section 260C.712.

(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts new text beginto search for and notify relatives new text endpursuant to section 260C.221, and
order that the new text beginagency's new text endefforts new text beginbegin immediately, or new text endcontinuenew text begin,new text end if the agency has failed to
performnew text begin, or has not adequately performed,new text end the duties under that section. The court must
order the agency to continue to appropriately engage relatives who responded to the notice
under section 260C.221 in placement and case planning decisions and to new text beginconsider relatives
for foster care placement consistent with section 260C.221. Notwithstanding a court's finding
that the agency has made reasonable efforts to search for and notify relatives under section
260C.221, the court may order the agency to continue making reasonable efforts to search
for, notify,
new text endengage deleted text beginotherdeleted text endnew text begin, and considernew text end relatives who came to the agency's attention after
new text begin sending the initial new text endnotice under section 260C.221 deleted text beginwas sentdeleted text end.

(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.

(d) When the court deleted text beginorders transfer ofdeleted text endnew text begin transfers thenew text end custodynew text begin of a childnew text end to a responsible
social services agency resulting in foster care or protective supervision with a noncustodial
parent under subdivision 1, the court shall notify the parents of the provisions of sections
260C.204 and 260C.503 to 260C.521, as required under juvenile court rules.

(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.

Sec. 14.

Minnesota Statutes 2020, section 260C.203, is amended to read:


260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.

(a) Unless the court is conducting the reviews required under section 260C.202, there
shall be an administrative review of the out-of-home placement plan of each child placed
in foster care no later than 180 days after the initial placement of the child in foster care
and at least every six months thereafter if the child is not returned to the home of the parent
or parents within that time. The out-of-home placement plan must be monitored and updated
new text begin by the responsible social services agency new text endat each administrative review. The administrative
review shall be conducted by the responsible social services agency using a panel of
appropriate persons at least one of whom is not responsible for the case management of, or
the delivery of services to, either the child or the parents who are the subject of the review.
The administrative review shall be open to participation by the parent or guardian of the
child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan pursuant
to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party
requesting review of the out-of-home placement plan shall give parties to the proceeding
notice of the request to review and update the out-of-home placement plan. A court review
conducted pursuant to section 260C.141, subdivision 2; 260C.193; 260C.201, subdivision
1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the requirement for the review
so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placementnew text begin, including whether
the placement is consistent with the child's best interests and other placement considerations,
including relative and sibling placement considerations under section 260C.212, subdivision
2
new text end;

(3) the extent of compliance with the out-of-home placement plannew text begin required under section
260C.212, subdivisions 1 and 1a, including services and resources that the agency has
provided to the child and child's parents, services and resources that other agencies and
individuals have provided to the child and child's parents, and whether the out-of-home
placement plan is individualized to the needs of the child and child's parents
new text end;

(4) the extent of progress that has been made toward alleviating or mitigating the causes
necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 14 or older:

(1) in addition to any administrative review conducted by the responsible social services
agency, at the in-court review required under section 260C.317, subdivision 3, clause (3),
or 260C.515, subdivision 5 or 6, the court shall review the independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (12), and the provision of
services to the child related to the well-being of the child as the child prepares to leave foster
care. The review shall include the actual plans related to each item in the plan necessary to
the child's future safety and well-being when the child is no longer in foster care; and

(2) consistent with the requirements of the independent living plan, the court shall review
progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the ability
to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which the
child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does not
include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a damage
deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adult.

Sec. 15.

Minnesota Statutes 2020, section 260C.204, is amended to read:


260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2
, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and

(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.

(b) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.

(c) The court shall ensure that notice of the hearing is sent to any relative who:

(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or

(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.

(d)(1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:

(i) return the child home, if the conditions deleted text beginwhichdeleted text endnew text begin thatnew text end led to the out-of-home placement
have been sufficiently mitigated that it is safe and in the child's best interests to return home;
or

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

(2) If the court determines that the parent or guardian is not complyingnew text begin, is not making
progress with or engaging
new text end with new text beginservices in new text endthe out-of-home placement plannew text begin,new text end or is not
maintaining regular contact with the child as outlined in the visitation plan required as part
of the out-of-home placement plan under section 260C.212, the court may order the
responsible social services agency:

(i) to develop a plan for legally permanent placement of the child away from the parent;

(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parentnew text begin, consistent with section 260C.212, subdivision 2,
paragraph (a),
new text end to be the legally permanent home in the event the child cannot be returned
to the parent. Any relative or the child's foster parent may ask the court to order the agency
to consider them for permanent placement of the child in the event the child cannot be
returned to the parent. A relative or foster parent who wants to be considered under this
item shall cooperate with the background study required under section 245C.08, if the
individual has not already done so, and with the home study process required under chapter
245A for providing child foster care and for adoption under section 259.41. The home study
referred to in this item shall be a single-home study in the form required by the commissioner
of human services or similar study required by the individual's state of residence when the
subject of the study is not a resident of Minnesota. The court may order the responsible
social services agency to make a referral under the Interstate Compact on the Placement of
Children when necessary to obtain a home study for an individual who wants to be considered
for transfer of permanent legal and physical custody or adoption of the child; and

(iii) to file a petition to support an order for the legally permanent placement plan.

(e) Following the review under this section:

(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.

Sec. 16.

Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 1, is amended
to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document deleted text beginwhichdeleted text endnew text begin individualized to
the needs of the child and the child's parents or guardians that
new text end is prepared by the responsible
social services agency jointly with deleted text beginthe parent or parents or guardian of the childdeleted text endnew text begin the child's
parents or guardians
new text end and in consultation with the child's guardian ad litemdeleted text begin,deleted text endnew text begin;new text end the child's tribe,
if the child is an Indian childdeleted text begin,deleted text endnew text begin;new text end the child's foster parent or representative of the foster care
facilitydeleted text begin,deleted text endnew text begin;new text end and, deleted text beginwheredeleted text endnew text begin whennew text end appropriate, the child. When a child is age 14 or older, the child
may include two other individuals on the team preparing the child's out-of-home placement
plan. The child may select one member of the case planning team to be designated as the
child's advisor and to advocate with respect to the application of the reasonable and prudent
parenting standards. The responsible social services agency may reject an individual selected
by the child if the agency has good cause to believe that the individual would not act in the
best interest of the child. For a child in voluntary foster care for treatment under chapter
260D, preparation of the out-of-home placement plan shall additionally include the child's
mental health treatment provider. For a child 18 years of age or older, the responsible social
services agency shall involve the child and the child's parents as appropriate. As appropriate,
the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

(c) The out-of-home placement plan shall be explained new text beginby the responsible social services
agency
new text endto all persons involved in deleted text beginitsdeleted text endnew text begin the plan'snew text end implementation, including the child who has
signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-likedeleted text begin,deleted text end setting available deleted text beginwhichdeleted text endnew text begin thatnew text end is in close proximity to the
home of the deleted text beginparent ordeleted text endnew text begin child'snew text end parents or deleted text beginguardian of the childdeleted text endnew text begin guardiansnew text end when the case plan
goal is reunificationdeleted text begin,deleted text endnew text begin;new text end and how the placement is consistent with the best interests and special
needs of the child according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents deleted text beginwhichdeleted text endnew text begin thatnew text end necessitated removal of the child from home and the changes
the parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoptionnew text begin pursuant to section 260C.605new text end. At a minimum, the
documentation must include consideration of whether adoption is in the best interests of
the childdeleted text begin,deleted text endnew text begin andnew text end child-specific recruitment efforts such as new text begina new text endrelative searchnew text begin, consideration of
relatives for adoptive placement,
new text end and the use of state, regional, and national adoption
exchanges to facilitate orderly and timely placements in and outside of the state. A copy of
this documentation shall be provided to the court in the review required under section
260C.317, subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes;

(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child; and

(15) for a child placed in a qualified residential treatment program, the plan must include
the requirements in section 260C.708.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

new text begin (e) new text endAfter the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

new text begin (f) new text endUpon the child's discharge from foster care, the responsible social services agency
must provide the child's parent, adoptive parent, or permanent legal and physical custodian,
and the child, if the child is 14 years of age or older, with a current copy of the child's health
and education record. If a child meets the conditions in subdivision 15, paragraph (b), the
agency must also provide the child with the child's social and medical history. The responsible
social services agency may give a copy of the child's health and education record and social
and medical history to a child who is younger than 14 years of age, if it is appropriate and
if subdivision 15, paragraph (b), applies.

Sec. 17.

Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 2, is amended
to read:


Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child new text beginin consideration of paragraphs (a) to
(f),
new text endand of how the selected placement will serve the new text begincurrent and future new text endneeds of the child
being placed. The authorized child-placing agency shall place a child, released by court
order or by voluntary release by the parent or parents, in a family foster home selected by
considering placement with relatives deleted text beginand important friendsdeleted text end in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption,
including the legal parent, guardian, or custodian of the child's deleted text beginsiblingsdeleted text endnew text begin siblingnew text end; or

new text begin (2) with an individual who is an important friend of the child or of the child's parent or
custodian, including an individual with whom the child has resided or had significant contact
or who has a significant relationship to the child or the child's parent or custodian.
new text end

deleted text begin (2) deleted text end deleted text begin with an individual who is an important friend with whom the child has resided deleted text end deleted text begin or
had significant contact.
deleted text end

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the new text begincurrent and future
new text end needs of the child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's deleted text beginrelationship to current caretakers,deleted text endnew text begin current and long-term needs regarding
relationships with
new text end parents, siblings, deleted text beginanddeleted text end relativesnew text begin, and other caretakersnew text end;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a
.

new text begin When placing a child in foster care or in a permanent placement based on an individualized
determination of the child's needs, the agency must not use one factor in this paragraph to
the exclusion of all others, and the agency shall consider that the factors in paragraph (b)
may be interrelated.
new text end

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4
, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan under subdivision 1. The agency may consider additional factors not identified
in paragraph (b). The agency's determination must be documented in the child's case plan
before the child is colocated with a parent.

(g) The agency must establish a juvenile treatment screening team under section 260C.157
to determine whether it is necessary and appropriate to recommend placing a child in a
qualified residential treatment program, as defined in section 260C.007, subdivision 26d.

Sec. 18.

Minnesota Statutes 2020, section 260C.221, is amended to read:


260C.221 RELATIVE SEARCHnew text begin AND ENGAGEMENT; PLACEMENT
CONSIDERATION
new text end.

new text begin Subdivision 1. new text end

new text begin Relative search requirements. new text end

(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relatives new text beginand current caregivers of
a child's sibling,
new text endprior to placement or within 30 days after the child's removal from the
parentnew text begin, regardless of whether a child is placed in a relative's home, as required under
subdivision 2
new text end. deleted text beginThe county agency shall consider placement with a relative under this section
without delay and whenever the child must move from or be returned to foster care.
deleted text end The
relative search required by this section shall be comprehensive in scope. deleted text beginAfter a finding
that the agency has made reasonable efforts to conduct the relative search under this
paragraph, the agency has the continuing responsibility to appropriately involve relatives,
who have responded to the notice required under this paragraph, in planning for the child
and to continue to consider relatives according to the requirements of section 260C.212,
subdivision 2
. At any time during the course of juvenile protection proceedings, the court
may order the agency to reopen its search for relatives when it is in the child's best interest
to do so.
deleted text end

(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in new text beginsubdivision 5, new text endparagraph deleted text begin(c)deleted text endnew text begin (b)new text end. The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.

new text begin (c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).
new text end

new text begin Subd. 2. new text end

new text begin Relative notice requirements. new text end

new text begin(a) The agency may provide oral or written
notice to a child's relatives. In the child's case record, the agency must document providing
the required notice to each of the child's relatives.
new text endThenew text begin responsible social services agency
must notify
new text end relatives deleted text beginmust be notifieddeleted text end:

(1) of the need for a foster home for the child, the option to become a placement resource
for the child, new text beginthe order of placement that the agency will consider under section 260C.212,
subdivision 2, paragraph (a),
new text endand the possibility of the need for a permanent placement for
the child;

(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court forfeits the right to receive notice of the
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204new text begin, until the relative provides a current address to the responsible social
services agency and the court
new text end. A decision by a relative not to be identified as a potential
permanent placement resource or participate in planning for the child deleted text beginat the beginning of
the case
deleted text end shall not affect whether the relative is considered for placement ofnew text begin, or as a
permanency resource for,
new text end the child with that relative deleted text beginlaterdeleted text endnew text begin at any time in the case, and shall
not be the sole basis for the court to rule out the relative as the child's placement or
permanency resource
new text end;

(3) that the relative may participate in the care and planning for the child, new text beginas specified
in subdivision 3,
new text endincluding that the opportunity for such participation may be lost by failing
to respond to the notice sent under this subdivisiondeleted text begin. "Participate in the care and planning"
includes, but is not limited to, participation in case planning for the parent and child,
identifying the strengths and needs of the parent and child, supervising visits, providing
respite and vacation visits for the child, providing transportation to appointments, suggesting
other relatives who might be able to help support the case plan, and to the extent possible,
helping to maintain the child's familiar and regular activities and contact with friends and
relatives
deleted text end;

(4) of the family foster care licensing new text beginand adoption home study new text endrequirements, including
how to complete an application and how to request a variance from licensing standards that
do not present a safety or health risk to the child in the home under section 245A.04 and
supports that are available for relatives and children who reside in a family foster home;
deleted text begin and
deleted text end

(5) of the relatives' right to ask to be notified of any court proceedings regarding the
child, to attend the hearings, and of a relative's right deleted text beginor opportunitydeleted text end to be heard by the court
as required under section 260C.152, subdivision 5deleted text begin.deleted text endnew text begin;
new text end

new text begin (6) that regardless of the relative's response to the notice sent under this subdivision, the
agency is required to establish permanency for a child, including planning for alternative
permanency options if the agency's reunification efforts fail or are not required; and
new text end

new text begin (7) that by responding to the notice, a relative may receive information about participating
in a child's family and permanency team if the child is placed in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d.
new text end

new text begin (b) The responsible social services agency shall send the notice required under paragraph
(a) to relatives who become known to the responsible social services agency, except for
relatives that the agency does not contact due to safety reasons under subdivision 5, paragraph
(b). The responsible social services agency shall continue to send notice to relatives
notwithstanding a court's finding that the agency has made reasonable efforts to conduct a
relative search.
new text end

new text begin (c) The responsible social services agency is not required to send the notice under
paragraph (a) to a relative who becomes known to the agency after an adoption placement
agreement has been fully executed under section 260C.613, subdivision 1. If the relative
wishes to be considered for adoptive placement of the child, the agency shall inform the
relative of the relative's ability to file a motion for an order for adoptive placement under
section 260C.607, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Relative engagement requirements. new text end

new text begin (a) A relative who responds to the notice
under subdivision 2 has the opportunity to participate in care and planning for a child, which
must not be limited based solely on the relative's prior inconsistent participation or
nonparticipation in care and planning for the child. Care and planning for a child may include
but is not limited to:
new text end

new text begin (1) participating in case planning for the child and child's parent, including identifying
services and resources that meet the individualized needs of the child and child's parent. A
relative's participation in case planning may be in person, via phone call, or by electronic
means;
new text end

new text begin (2) identifying the strengths and needs of the child and child's parent;
new text end

new text begin (3) asking the responsible social services agency to consider the relative for placement
of the child according to subdivision 4;
new text end

new text begin (4) acting as a support person for the child, the child's parents, and the child's current
caregiver;
new text end

new text begin (5) supervising visits;
new text end

new text begin (6) providing respite care for the child and having vacation visits with the child;
new text end

new text begin (7) providing transportation;
new text end

new text begin (8) suggesting other relatives who may be able to participate in the case plan or that the
agency may consider for placement of the child. The agency shall send a notice to each
relative identified by other relatives according to subdivision 2, paragraph (b), unless a
relative received this notice earlier in the case;
new text end

new text begin (9) helping to maintain the child's familiar and regular activities and contact with the
child's friends and relatives, including providing supervision of the child at family gatherings
and events; and
new text end

new text begin (10) participating in the child's family and permanency team if the child is placed in a
qualified residential treatment program as defined in section 260C.007, subdivision 26d.
new text end

new text begin (b) The responsible social services agency shall make reasonable efforts to contact and
engage relatives who respond to the notice required under this section. Upon a request by
a relative or party to the proceeding, the court may conduct a review of the agency's
reasonable efforts to contact and engage relatives who respond to the notice. If the court
finds that the agency did not make reasonable efforts to contact and engage relatives who
respond to the notice, the court may order the agency to make reasonable efforts to contact
and engage relatives who respond to the notice in care and planning for the child.
new text end

new text begin Subd. 4. new text end

new text begin Placement considerations. new text end

new text begin (a) The responsible social services agency shall
consider placing a child with a relative under this section without delay and when the child:
new text end

new text begin (1) enters foster care;
new text end

new text begin (2) must be moved from the child's current foster setting;
new text end

new text begin (3) must be permanently placed away from the child's parent; or
new text end

new text begin (4) returns to foster care after permanency has been achieved for the child.
new text end

new text begin (b) The agency shall consider placing a child with relatives:
new text end

new text begin (1) in the order specified in section 260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2) based on the child's best interests using the factors in section 260C.212, subdivision
2.
new text end

new text begin (c) The agency shall document how the agency considered relatives in the child's case
record.
new text end

new text begin (d) Any relative who requests to be a placement option for a child in foster care has the
right to be considered for placement of the child according to section 260C.212, subdivision
2, paragraph (a), unless the court finds that placing the child with a specific relative would
endanger the child, sibling, parent, guardian, or any other family member under subdivision
5, paragraph (b).
new text end

new text begin (e) When adoption is the responsible social services agency's permanency goal for the
child, the agency shall consider adoptive placement of the child with a relative in the order
specified under section 260C.212, subdivision 2, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Data disclosure; court review. new text end

deleted text begin(c)deleted text endnew text begin (a)new text end A responsible social services agency
may disclose private data, as defined in section 13.02 and chapter 260E, to relatives of the
child for the purpose of locating and assessing a suitable placement and may use any
reasonable means of identifying and locating relatives including the Internet or other
electronic means of conducting a search. The agency shall disclose data that is necessary
to facilitate possible placement with relatives and to ensure that the relative is informed of
the needs of the child so the relative can participate in planning for the child and be supportive
of services to the child and family.

new text begin (b) new text endIf the child's parent refuses to give the responsible social services agency information
sufficient to identify the maternal and paternal relatives of the child, the agency shall ask
the juvenile court to order the parent to provide the necessary informationnew text begin and shall use
other resources to identify the child's maternal and paternal relatives
new text end. If a parent makes an
explicit request that a specific relative not be contacted or considered for placement due to
safety reasonsnew text begin,new text end including past family or domestic violence, the agency shall bring the parent's
request to the attention of the court to determine whether the parent's request is consistent
with the best interests of the child deleted text beginanddeleted text endnew text begin.new text end The agency shall not contact the specific relative
when the juvenile court finds that contacting new text beginor placing the child with new text endthe specific relative
would endanger the parent, guardian, child, sibling, or any family member. new text beginUnless section
260C.139 applies to the child's case, a court shall not waive or relieve the responsible social
services agency of reasonable efforts to:
new text end

new text begin (1) conduct a relative search;
new text end

new text begin (2) notify relatives;
new text end

new text begin (3) contact and engage relatives in case planning; and
new text end

new text begin (4) consider relatives for placement of the child.
new text end

new text begin (c) Notwithstanding chapter 13, the agency shall disclose data to the court about particular
relatives that the agency has identified, contacted, or considered for the child's placement
for the court to review the agency's due diligence.
new text end

(d) At a regularly scheduled hearing not later than three months after the child's placement
in foster care and as required in deleted text beginsectiondeleted text endnew text begin sections 260C.193 andnew text end 260C.202, the agency shall
report to the court:

(1) deleted text beginitsdeleted text endnew text begin the agency'snew text end efforts to identify maternal and paternal relatives of the child and to
engage the relatives in providing support for the child and family, and document that the
relatives have been provided the notice required under deleted text beginparagraph (a)deleted text endnew text begin subdivision 2new text end; and

(2) deleted text beginitsdeleted text endnew text begin the agency'snew text end decision regarding placing the child with a relative as required under
section 260C.212, subdivision 2deleted text begin, and to askdeleted text endnew text begin. If the responsible social services agency decides
that relative placement is not in the child's best interests at the time of the hearing, the agency
shall inform the court of the agency's decision, including:
new text end

new text begin (i) why the agency decided against relative placement of the child; and
new text end

new text begin (ii) the agency's efforts to engagenew text end relatives deleted text beginto visit or maintain contact with the child in
order
deleted text endnew text begin as required under subdivision 3new text end to support family connections for the childdeleted text begin, when
placement with a relative is not possible or appropriate
deleted text end.

deleted text begin (e) Notwithstanding chapter deleted text end deleted text begin 13 deleted text end deleted text begin , the agency shall disclose data about particular relatives
identified, searched for, and contacted for the purposes of the court's review of the agency's
due diligence.
deleted text end

deleted text begin (f)deleted text endnew text begin (e)new text end When the court is satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text beginparagraph (a)deleted text endnew text begin subdivision 2new text end, the court may find
that new text beginthe agency made new text endreasonable efforts deleted text beginhave been madedeleted text end to conduct a relative search to
identify and provide notice to adult relatives as required under section 260.012, paragraph
(e), clause (3). new text beginA finding under this paragraph does not relieve the responsible social services
agency of the ongoing duty to contact, engage, and consider relatives under this section nor
is it a basis for the court to rule out any relative from being a foster care or permanent
placement option for the child. The agency has the continuing responsibility to:
new text end

new text begin (1) involve relatives who respond to the notice in planning for the child; and
new text end

new text begin (2) continue considering relatives for the child's placement while taking the child's short-
and long-term permanency goals into consideration, according to the requirements of section
260C.212, subdivision 2.
new text end

new text begin (f) At any time during the course of juvenile protection proceedings, the court may order
the agency to reopen the search for relatives when it is in the child's best interests.
new text end

new text begin (g) new text endIf the court is not satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text beginparagraph (a)deleted text endnew text begin subdivision 2new text end, the court may order
the agency to continue its search and notice efforts and to report back to the court.

deleted text begin (g) When the placing agency determines that permanent placement proceedings are
necessary because there is a likelihood that the child will not return to a parent's care, the
agency must send the notice provided in paragraph (h), may ask the court to modify the
duty of the agency to send the notice required in paragraph (h), or may ask the court to
completely relieve the agency of the requirements of paragraph (h). The relative notification
requirements of paragraph (h) do not apply when the child is placed with an appropriate
relative or a foster home that has committed to adopting the child or taking permanent legal
and physical custody of the child and the agency approves of that foster home for permanent
placement of the child. The actions ordered by the court under this section must be consistent
with the best interests, safety, permanency, and welfare of the child.
deleted text end

(h) deleted text beginUnless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (f),
deleted text end When the agency determines that it is necessary to prepare for
permanent placement determination proceedings, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to deleted text beginthedeleted text end relativesnew text begin who responded to a
notice under this section sent at any time during the case
new text end, any adult with whom the child is
currently residing, any adult with whom the child has resided for one year or longer in the
past, and any adults who have maintained a relationship or exercised visitation with the
child as identified in the agency case plan. The notice must state that a permanent home is
sought for the child and that the individuals receiving the notice may indicate to the agency
their interest in providing a permanent home. The notice must state that within 30 days of
receipt of the notice an individual receiving the notice must indicate to the agency the
individual's interest in providing a permanent home for the child or that the individual may
lose the opportunity to be considered for a permanent placement.new text begin A relative's failure to
respond or timely respond to the notice is not a basis for ruling out the relative from being
a permanent placement option for the child, should the relative request to be considered for
permanent placement at a later date.
new text end

Sec. 19.

Minnesota Statutes 2020, section 260C.513, is amended to read:


260C.513 PERMANENCY DISPOSITIONS WHEN CHILD CANNOT RETURN
HOME.

(a) deleted text beginTermination of parental rights and adoption, or guardianship to the commissioner of
human services through a consent to adopt, are preferred permanency options for a child
who cannot return home. If the court finds that termination of parental rights and guardianship
to the commissioner is not in the child's best interests, the court may transfer permanent
legal and physical custody of the child to a relative when that order is in the child's best
interests.
deleted text endnew text begin In determining a permanency disposition under section 260C.515 for a child who
cannot return home, the court shall give preference to a permanency disposition that will
result in the child being placed in the permanent care of a relative through a termination of
parental rights and adoption, guardianship to the commissioner of human services through
a consent to adopt, or a transfer of permanent legal and physical custody, consistent with
the best interests of the child and section 260C.212, subdivision 2, paragraph (a). If a relative
is not available to accept placement or the court finds that a permanent placement with a
relative is not in the child's best interests, the court may consider a permanency disposition
that may result in the child being permanently placed in the care of a nonrelative caregiver,
including adoption.
new text end

(b) When the court has determined that permanent placement of the child away from
the parent is necessary, the court shall consider permanent alternative homes that are available
both inside and outside the state.

Sec. 20.

Minnesota Statutes 2021 Supplement, section 260C.605, subdivision 1, is amended
to read:


Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include:

new text begin (1) considering the child's preference for an adoptive family;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end using age-appropriate engagement strategies to plan for adoption with the child;

deleted text begin (2)deleted text endnew text begin (3)new text end identifying an appropriate prospective adoptive parent for the child by updating
the child's identified needs using the factors in section 260C.212, subdivision 2;

deleted text begin (3)deleted text endnew text begin (4)new text end making an adoptive placement that meets the child's needs by:

(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:

(A) relatives who have kept the agency or the court apprised of their whereabouts deleted text beginand
who have indicated an interest in adopting the child
deleted text end; or

(B) relatives of the child who are located in an updated search;

(ii) an updated search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines new text beginthat new text enda relative search by the agency is in the best interests of
the child;

(iii) engaging the child's new text beginrelatives or current or former new text endfoster deleted text beginparent and the child's
relatives identified as an adoptive resource during the search conducted under section
260C.221,
deleted text endnew text begin parentsnew text end to commit to being the prospective adoptive parent of the childnew text begin, and
considering the child's relatives for adoptive placement of the child in the order specified
under section 260C.212, subdivision 2, paragraph (a)
new text end; or

(iv) when there is no identified prospective adoptive parent:

(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;

(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

(D) using newspapers and other media to promote the particular child;

(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and

(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;

deleted text begin (4)deleted text endnew text begin (5)new text end updating and completing the social and medical history required under sections
260C.212, subdivision 15, and 260C.609;

deleted text begin (5)deleted text endnew text begin (6)new text end making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;

deleted text begin (6)deleted text endnew text begin (7)new text end giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;

deleted text begin (7)deleted text endnew text begin (8)new text end offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter 256N;

deleted text begin (8)deleted text endnew text begin (9)new text end certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

deleted text begin (9)deleted text endnew text begin (10)new text end placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

deleted text begin (10)deleted text endnew text begin (11)new text end working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.

Sec. 21.

Minnesota Statutes 2020, section 260C.607, subdivision 2, is amended to read:


Subd. 2.

Notice.

Notice of review hearings shall be given by the court to:

(1) the responsible social services agency;

(2) the child, if the child is age ten and older;

(3) the child's guardian ad litem;

(4) counsel appointed for the child pursuant to section 260C.163, subdivision 3;

(5) relatives of the child who have kept the court informed of their whereabouts as
required in section 260C.221 and who have responded to the agency's notice under section
260C.221, deleted text beginindicating a willingness to provide an adoptive home for the childdeleted text end unless the
relative has been previously ruled out by the court as a suitable deleted text beginfoster parent ordeleted text end permanency
resource for the child;

(6) the current foster or adopting parent of the child;

(7) any foster or adopting parents of siblings of the child; and

(8) the Indian child's tribe.

Sec. 22.

Minnesota Statutes 2020, section 260C.607, subdivision 5, is amended to read:


Subd. 5.

Required placement by responsible social services agency.

(a) No petition
for adoption shall be filed for a child under the guardianship of the commissioner unless
the child sought to be adopted has been placed for adoption with the adopting parent by the
responsible social services agencynew text begin as required under section 260C.613, subdivision 1new text end. The
court may order the agency to make an adoptive placement using standards and procedures
under subdivision 6.

(b) Any relative or the child's foster parent who believes the responsible agency has not
reasonably considered the relative's or foster parent's request to be considered for adoptive
placement as required under section 260C.212, subdivision 2, and who wants to be considered
for adoptive placement of the child shall bring a request for consideration to the attention
of the court during a review required under this section. The child's guardian ad litem and
the child may also bring a request for a relative or the child's foster parent to be considered
for adoptive placement. After hearing from the agency, the court may order the agency to
take appropriate action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).

Sec. 23.

Minnesota Statutes 2021 Supplement, section 260C.607, subdivision 6, is amended
to read:


Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section 259.41 approving the relative or foster
parent for adoption deleted text beginand hasdeleted text endnew text begin. If the relative or foster parent does not have an adoption home
study, an affidavit attesting to efforts to complete an adoption home study may be filed with
the motion instead. The affidavit must be signed by the relative or foster parent and the
responsible social services agency or licensed child-placing agency completing the adoption
home study. The relative or foster parent must also have
new text end been a resident of Minnesota for
at least six months before filing the motion; the court may waive the residency requirement
for the moving party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement. new text beginIf the relative or
foster parent does not have an adoption home study in the relative's or foster parent's state
of residence, an affidavit attesting to efforts to complete an adoption home study may be
filed with the motion instead. The affidavit must be signed by the relative or foster parent
and the agency completing the adoption home study.
new text end

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. new text beginWhen the agency presents evidence regarding the child's current relationship
with the identified adoptive placement resource, the court must consider the agency's efforts
to support the child's relationship with the moving party consistent with section 260C.221.
new text end The moving party then has the burden of proving by a preponderance of the evidence that
the agency has been unreasonable in failing to make the adoptive placement.

new text begin (e) The court shall review and enter findings regarding whether, in making an adoptive
placement decision for the child, the agency:
new text end

new text begin (1) considered relatives for adoptive placement in the order specified under section
260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2) assessed how the identified adoptive placement resource and the moving party are
each able to meet the child's current and future needs based on an individualized
determination of the child's needs, as required under sections 260C.612, subdivision 2, and
260C.613, subdivision 1, paragraph (b).
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the deleted text beginrelative or the
child's foster parent
deleted text endnew text begin moving partynew text end is the most suitable adoptive home to meet the child's
needs using the factors in section 260C.212, subdivision 2, paragraph (b), the court maynew text begin:
new text end

new text begin (1)new text end order the responsible social services agency to make an adoptive placement in the
home of the deleted text beginrelative or the child's foster parent.deleted text endnew text begin moving party if the moving party has an
approved adoption home study; or
new text end

new text begin (2) order the responsible social services agency to place the child in the home of the
moving party upon approval of an adoption home study. The agency must promote and
support the child's ongoing visitation and contact with the moving party until the child is
placed in the moving party's home. The agency must provide an update to the court after
90 days, including progress and any barriers encountered. If the moving party does not have
an approved adoption home study within 180 days, the moving party and the agency must
inform the court of any barriers to obtaining the approved adoption home study during a
review hearing under this section. If the court finds that the moving party is unable to obtain
an approved adoption home study, the court must dismiss the order for adoptive placement
under this subdivision and order the agency to continue making reasonable efforts to finalize
the adoption of the child as required under section 260C.605.
new text end

deleted text begin (f)deleted text endnew text begin (g)new text end If, in order to ensure that a timely adoption may occur, the court orders the
responsible social services agency to make an adoptive placement under this subdivision,
the agency shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreementnew text begin,
including assisting the moving party with the adoption home study process
new text end;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter 256N; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

deleted text begin (g)deleted text endnew text begin (h)new text end Denial or granting of a motion for an order for adoptive placement after an
evidentiary hearing is an order which may be appealed by the responsible social services
agency, the moving party, the child, when age ten or over, the child's guardian ad litem,
and any individual who had a fully executed adoption placement agreement regarding the
child at the time the motion was filed if the court's order has the effect of terminating the
adoption placement agreement. An appeal shall be conducted according to the requirements
of the Rules of Juvenile Protection Procedure.

Sec. 24.

Minnesota Statutes 2020, section 260C.613, subdivision 1, is amended to read:


Subdivision 1.

Adoptive placement decisions.

(a) The responsible social services agency
has exclusive authority to make an adoptive placement of a child under the guardianship of
the commissioner. The child shall be considered placed for adoption when the adopting
parent, the agency, and the commissioner have fully executed an adoption placement
agreement on the form prescribed by the commissioner.

(b) The responsible social services agency shall use an individualized determination of
the child's currentnew text begin and futurenew text end needsnew text begin,new text end pursuant to section 260C.212, subdivision 2, paragraph
(b), to determine the most suitable adopting parent for the child in the child's best interests.new text begin
The responsible social services agency must consider adoptive placement of the child with
relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).
new text end

(c) The responsible social services agency shall notify the court and parties entitled to
notice under section 260C.607, subdivision 2, when there is a fully executed adoption
placement agreement for the child.

(d) In the event an adoption placement agreement terminates, the responsible social
services agency shall notify the court, the parties entitled to notice under section 260C.607,
subdivision 2
, and the commissioner that the agreement and the adoptive placement have
terminated.

Sec. 25.

Minnesota Statutes 2020, section 260C.613, subdivision 5, is amended to read:


Subd. 5.

Required record keeping.

The responsible social services agency shall
document, in the records required to be kept under section 259.79, the reasons for the
adoptive placement decision regarding the child, including the individualized determination
of the child's needs based on the factors in section 260C.212, subdivision 2, paragraph (b)deleted text begin,deleted text endnew text begin;
the agency's consideration of relatives in the order specified in section 260C.212, subdivision
2, paragraph (a);
new text end and the assessment of how the selected adoptive placement meets the
identified needs of the child. The responsible social services agency shall retain in the
records required to be kept under section 259.79, copies of all out-of-home placement plans
made since the child was ordered under guardianship of the commissioner and all court
orders from reviews conducted pursuant to section 260C.607.

Sec. 26.

Minnesota Statutes 2021 Supplement, section 260E.20, subdivision 2, is amended
to read:


Subd. 2.

Face-to-face contact.

(a) Upon receipt of a screened in report, the local welfare
agency shall conduct a face-to-face contact with the child reported to be maltreated and
with the child's primary caregiver sufficient to complete a safety assessment and ensure the
immediate safety of the child.new text begin If the report alleges substantial child endangerment or sexual
abuse, the local welfare agency or agency responsible for assessing or investigating the
report is not required to provide notice before conducting the initial face-to-face contact
with the child and the child's primary caregiver.
new text end

(b) The face-to-face contact with the child and primary caregiver shall occur immediately
if sexual abuse or substantial child endangerment is alleged and within five calendar days
for all other reports. If the alleged offender was not already interviewed as the primary
caregiver, the local welfare agency shall also conduct a face-to-face interview with the
alleged offender in the early stages of the assessment or investigation. Face-to-face contact
with the child and primary caregiver in response to a report alleging sexual abuse or
substantial child endangerment may be postponed for no more than five calendar days if
the child is residing in a location that is confirmed to restrict contact with the alleged offender
as established in guidelines issued by the commissioner, or if the local welfare agency is
pursuing a court order for the child's caregiver to produce the child for questioning under
section 260E.22, subdivision 5.

(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.

(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statement. The
alleged offender may submit supporting documentation relevant to the assessment or
investigation.

Sec. 27.

Minnesota Statutes 2020, section 260E.22, subdivision 2, is amended to read:


Subd. 2.

Child interview procedure.

(a) The interview may take place at school or at
any facility or other place where the alleged victim or other children might be found or the
child may be transported to, and the interview may be conducted at a place appropriate for
the interview of a child designated by the local welfare agency or law enforcement agency.

(b)new text begin When appropriate,new text end the interview deleted text beginmaydeleted text endnew text begin mustnew text end take place outside the presence of the
alleged offender or parent, legal custodian, guardian, or school officialdeleted text begin.deleted text endnew text begin and may take place
prior to any interviews of the alleged offender or parent, legal custodian, guardian, foster
parent, or school official.
new text end

deleted text begin (c) For a family assessment, it is the preferred practice to request a parent or guardian's
permission to interview the child before conducting the child interview, unless doing so
would compromise the safety assessment.
deleted text end

Sec. 28.

Minnesota Statutes 2020, section 260E.24, subdivision 2, is amended to read:


Subd. 2.

Determination after family assessment.

After conducting a family assessment,
the local welfare agency shall determine whether child protective services are needed to
address the safety of the child and other family members and the risk of subsequent
maltreatment.new text begin The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessment in the child's or
family's case notes.
new text end

Sec. 29.

Minnesota Statutes 2020, section 260E.34, is amended to read:


260E.34 IMMUNITY.

(a) The following personsnew text begin, including persons under the age of 18,new text end are immune from any
civil or criminal liability that otherwise might result from the person's actions if the person
is acting in good faith:

(1) a person making a voluntary or mandated report under this chapter or assisting in an
assessment under this chapter;

(2) a person with responsibility for performing duties under this section or supervisor
employed by a local welfare agency, the commissioner of an agency responsible for operating
or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed or certified under sections
144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as
defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed
personal care provider organization as defined in section 256B.0625, subdivision 19a,
complying with sections 260E.23, subdivisions 2 and 3, and 260E.30; and

(3) a public or private school, facility as defined in section 260E.03, or the employee of
any public or private school or facility who permits access by a local welfare agency, the
Department of Education, or a local law enforcement agency and assists in an investigation
or assessment pursuant to this chapter.

(b) A person who is a supervisor or person with responsibility for performing duties
under this chapter employed by a local welfare agency, the commissioner of human services,
or the commissioner of education complying with this chapter or any related rule or provision
of law is immune from any civil or criminal liability that might otherwise result from the
person's actions if the person is (1) acting in good faith and exercising due care, or (2) acting
in good faith and following the information collection procedures established under section
260E.20, subdivision 3.

(c) Any physician or other medical personnel administering a toxicology test under
section 260E.32 to determine the presence of a controlled substance in a pregnant woman,
in a woman within eight hours after delivery, or in a child at birth or during the first month
of life is immune from civil or criminal liability arising from administration of the test if
the physician ordering the test believes in good faith that the test is required under this
section and the test is administered in accordance with an established protocol and reasonable
medical practice.

(d) This section does not provide immunity to any person for failure to make a required
report or for committing maltreatment.

(e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails
in a civil action from which the person has been granted immunity under this section, the
court may award the person attorney fees and costs.

Sec. 30.

Minnesota Statutes 2020, 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 deleted text beginan oraldeleted text endnew text begin anew text end report to the common entry point. deleted text beginThe 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.
deleted text end 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. 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 483.12.
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.

Sec. 31.

Minnesota Statutes 2020, section 626.557, subdivision 9, is amended to read:


Subd. 9.

Common entry point designation.

(a) deleted text beginEach 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.
deleted text end The commissioner of human services shall
establish a common entry point deleted text begineffective July 1, 2015deleted text end. 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. The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2)new text begin the name, relationship, and identifying and contact information for the person believed
to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;
new text end

new text begin (3)new text end the name, deleted text beginaddress, and telephone number of the person reporting;deleted text endnew text begin relationship, and
contact information for the:
new text end

new text begin (i) reporter;
new text end

new text begin (ii) initial reporter, witnesses, and persons who may have knowledge about the
maltreatment; and
new text end

new text begin (iii) legal surrogate and persons who may provide support to the vulnerable adult;
new text end

new text begin (4) the basis of vulnerability for the vulnerable adult;
new text end

deleted text begin (3)deleted text endnew text begin (5)new text end the time, date, and location of the incident;

deleted text begin (4) the names of the persons involved, including but not limited to, perpetrators, alleged
victims, and witnesses;
deleted text end

deleted text begin (5) whether there was a risk of imminent danger to the alleged victim;
deleted text end

new text begin (6) the immediate safety risk to the vulnerable adult;
new text end

deleted text begin (6)deleted text endnew text begin (7)new text end a description of the suspected maltreatment;

deleted text begin (7) the disability, if any, of the alleged victim;
deleted text end

deleted text begin (8) the relationship of the alleged perpetrator to the alleged victim;
deleted text end

new text begin (8) the impact of the suspected maltreatment on the vulnerable adult;
new text end

(9) whether a facility was involved and, if so, which agency licenses the facility;

deleted text begin (10) any action taken by the common entry point;
deleted text end

deleted text begin (11) whether law enforcement has been notified;
deleted text end

new text begin (10) the actions taken to protect the vulnerable adult;
new text end

new text begin (11) the required notifications and referrals made by the common entry point; and
new text end

(12) whether the reporter wishes to receive notification of the deleted text begininitial and final reports;
and
deleted text endnew text begin disposition.
new text end

deleted text begin (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.
deleted text end

(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 deleted text beginand immediately identify
and locate prior reports of abuse, neglect, or exploitation
deleted text end.

(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. 32.

Minnesota Statutes 2020, 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 (g). 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 (g). The lead investigative agency shall obtain the
results of any investigation conducted by law enforcement officials. 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 When a county acts as a lead investigative
agency, the county shall make guidelines available to the public regarding which reports
the county prioritizes for investigation and adult protective services.
new text end

Sec. 33.

Minnesota Statutes 2020, section 626.557, subdivision 9c, is amended to read:


Subd. 9c.

Lead investigative agency; notifications, dispositions, determinations.

(a)
Upon request of the reporter, 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) In making the initial disposition of a report alleging maltreatment of a vulnerable
adult, the lead investigative agency may consider previous reports of suspected maltreatment
and may request and consider public information, records maintained by a lead investigative
agency or licensed providers, and information from any person who may have knowledge
regarding the alleged maltreatment and the basis for the adult's vulnerability.
new text end

new text begin (c) Unless the lead investigative agency believes that: (1) the information would endanger
the well-being of the vulnerable adult; or (2) it would not be in the best interests of the
vulnerable adult, the lead investigative agency shall inform the vulnerable adult, or vulnerable
adult's guardian or health care agent, if known and when applicable to the authority of the
vulnerable adult's guardian or health care agent, of all reports accepted by the agency for
investigation, including the maltreatment allegation, investigation guidelines, time frame,
and evidence standards that the agency uses for determinations. If the allegation is applicable
to the guardian or health care agent, the lead investigative agency must also inform the
vulnerable adult's guardian or health care agent of all reports accepted for investigation by
the agency, including the maltreatment allegation, investigation guidelines, time frame, and
evidence standards that the agency uses for determinations.
new text end

new text begin (d) When the county social service agency does not accept a report for adult protective
services or investigation, the agency may offer assistance to the reporter or the person who
was the subject of the report.
new text end

new text begin (e) When the county is the lead investigative agency or the agency responsible for adult
protective services, the agency may coordinate and share data with the Native American
Tribes and case management agencies as allowed under chapter 13 to support a vulnerable
adult's health, safety, or comfort or to prevent, stop, or remediate maltreatment. The identity
of the reporter shall not be disclosed, except as provided in subdivision 12b.
new text end

new text begin (f) While investigating reports and providing adult protective services, the lead
investigative agency may coordinate with entities identified under subdivision 12b, paragraph
(g), and may coordinate with support persons to safeguard the welfare of the vulnerable
adult and prevent further maltreatment of the vulnerable adult.
new text end

deleted text begin (b)deleted text endnew text begin (g)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 endnew text begin (h)new text end When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead investigative agency shall consider at least the
following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident care
plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible
for the issuance of the erroneous order, prescription, plan, or directive or knows or should
have known of the errors and took no reasonable measures to correct the defect before
administering care;

(2) the comparative responsibility between the facility, other caregivers, and requirements
placed upon the employee, including but not limited to, the facility's compliance with related
regulatory standards and factors such as the adequacy of facility policies and procedures,
the adequacy of facility training, the adequacy of an individual's participation in the training,
the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

deleted text begin (d)deleted text endnew text begin (i)new text end When substantiated maltreatment is determined to have been committed by an
individual who is also the facility license holder, both the individual and the facility must
be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.

deleted text begin (e)deleted text endnew text begin (j)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 the vulnerable adult's guardian or health care agent, 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 the vulnerable adult's guardian or health care agent, 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 under section 145C.06 and not suspended under
section 524.5-310 and the investigation relates to a duty assigned to the health care agent
by the principal. 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) Within ten calendar days of completing the final dispositiondeleted text endnew text begin (k) When the lead
investigative agency is the Department of Health or the Department of Human Services
new text end,
the lead investigative agency shall provide a copy of the public investigation memorandum
under subdivision 12b, paragraph (b), clause (1), deleted text beginwhen required to be completed under this
section,
deleted text endnew text begin within ten calendar days of completing the final dispositionnew text end to the following persons:

(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
unless the lead investigative agency knows that the notification would endanger the
well-being of the vulnerable adult;

(2) the reporter, if the reporter requested notification when making the report, provided
this notification would not endanger the well-being of the vulnerable adult;

(3) the deleted text beginalleged perpetratordeleted text endnew text begin person or facility alleged responsible for maltreatmentnew text end, if
known;

(4) the facility; and

(5) the ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities, as appropriate.

new text begin (l) When the lead investigative agency is a county agency, within ten calendar days of
completing the final disposition, the lead investigative agency shall provide notification of
the final disposition to the following persons:
new text end

new text begin (1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
when the allegation is applicable to the authority of the vulnerable adult's guardian or health
care agent, unless the agency knows that the notification would endanger the well-being of
the vulnerable adult;
new text end

new text begin (2) the individual determined responsible for maltreatment, if known; and
new text end

new text begin (3) when the alleged incident involves a personal care assistant or provider agency, the
personal care provider organization under section 256B.0659. Upon implementation of
Community First Services and Supports (CFSS), this notification requirement applies to
the CFSS support worker or CFSS agency under section 256B.85.
new text end

deleted text begin (g)deleted text endnew text begin (m)new text end If, as a result of a reconsideration, review, or hearing, the lead investigative
agency changes the final disposition, or if a final disposition is changed on appeal, the lead
investigative agency shall notify the parties specified in paragraph deleted text begin(f)deleted text endnew text begin (k)new text end.

deleted text begin (h)deleted text endnew text begin (n)new text end The lead investigative agency shall notify the vulnerable adult who is the subject
of the report or the vulnerable adult's guardian or health care agent, 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 endnew text begin (o)new text end The lead investigative agency shall routinely provide investigation memoranda
for substantiated reports to the appropriate licensing boards. These reports must include the
names of substantiated perpetrators. The lead investigative agency may not provide
investigative memoranda for inconclusive or false reports to the appropriate licensing boards
unless the lead investigative agency's investigation gives reason to believe that there may
have been a violation of the applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the investigation memorandum
shall be notified and receive a summary of the investigative findings.

deleted text begin (j)deleted text endnew text begin (p)new text end In order to avoid duplication, licensing boards shall consider the findings of the
lead investigative agency in their investigations if they choose to investigate. This does not
preclude licensing boards from considering other information.

deleted text begin (k)deleted text endnew text begin (q)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. 34.

Minnesota Statutes 2020, section 626.557, subdivision 9d, is amended to read:


Subd. 9d.

Administrative reconsideration; review panel.

(a) Except as provided under
paragraph (e), 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 (e) and (f), 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 person 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. 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.new text begin
The Vulnerable Adult Maltreatment Review Panel shall not conduct a review if the interested
person making the request on behalf of the vulnerable adult is also the individual or facility
alleged responsible for the maltreatment of the vulnerable adult.
new text end The lead investigative
agency shall notify persons who request reconsideration of their rights under this paragraph.
The request must be submitted in writing to the review panel and a copy sent to the lead
investigative agency within 30 calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered disposition. The request must specifically identify the
aspects of the lead investigative agency determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the lead investigative agency changes
the final disposition, it shall notify the parties specified in subdivision 9c, paragraph deleted text begin(f)deleted text endnew text begin (i)new text end.

(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.

(e) 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.

(f) 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
260E.33 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, 260E.33, 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.

(g) 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.

(1) For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph (d), 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.

(2) 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. 35.

Minnesota Statutes 2020, section 626.557, subdivision 10, is amended to read:


Subd. 10.

Duties of county social service agency.

(a) When the common entry point
refers a report to the county social service agency as the lead investigative agency or makes
a referral to the county social service agency for emergency adult protective services, or
when another lead investigative agency requests assistance from the county social service
agency for adult protective services, the county social service agency shall immediately
assess and offer emergency and continuing protective social services for purposes of
preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable
adult. The county shall use deleted text beginadeleted text end standardized deleted text begintooldeleted text endnew text begin tools and the data systemnew text end made available by
the commissioner. The information entered by the county into the standardized tool must
be accessible to the Department of Human Services. In cases of suspected sexual abuse, the
county social service agency shall immediately arrange for and make available to the
vulnerable adult appropriate medical examination and treatment. When necessary in order
to protect the vulnerable adult from further harm, the county social service agency shall
seek authority to remove the vulnerable adult from the situation in which the maltreatment
occurred. The county social service agency may also investigate to determine whether the
conditions which resulted in the reported maltreatment place other vulnerable adults in
jeopardy of being maltreated and offer protective social services that are called for by its
determination.

new text begin (b) Within five business days of receipt of a report screened in by the county social
service agency for investigation, the county social service agency shall determine whether,
in addition to an assessment and services for the vulnerable adult, to also conduct an
investigation for final disposition of the individual or facility alleged to have maltreated the
vulnerable adult.
new text end

new text begin (c) The county social service agency must investigate for a final disposition the individual
or facility alleged to have maltreated a vulnerable adult for each report accepted as lead
investigative agency involving an allegation of abuse, caregiver neglect that resulted in
harm to the vulnerable adult, financial exploitation that may be criminal, or an allegation
against a caregiver under chapter 256B.
new text end

new text begin (d) An investigating county social service agency must make a final disposition for any
allegation when the county social service agency determines that a final disposition may
safeguard a vulnerable adult or may prevent further maltreatment.
new text end

new text begin (e) If the county social service agency learns of an allegation listed in paragraph (c) after
the determination in paragraph (a), the county social service agency must change the initial
determination and conduct an investigation for final disposition of the individual or facility
alleged to have maltreated the vulnerable adult.
new text end

deleted text begin (b)deleted text endnew text begin (f)new text end County social service agencies may enter facilities and inspect and copy records
as part of an investigation. The county social service 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. The inquiry
is not limited to the written records of the facility, but may include every other available
source of information.

deleted text begin (c)deleted text endnew text begin (g)new text end When necessary in order to protect a vulnerable adult from serious harm, the
county social service agency shall immediately intervene on behalf of that adult to help the
family, vulnerable adult, or other interested person by seeking any of the following:

(1) a restraining order or a court order for removal of the perpetrator from the residence
of the vulnerable adult pursuant to section 518B.01;

(2) the appointment of a guardian or conservator pursuant to sections 524.5-101 to
524.5-502, or guardianship or conservatorship pursuant to chapter 252A;

(3) replacement of a guardian or conservator suspected of maltreatment and appointment
of a suitable person as guardian or conservator, pursuant to sections 524.5-101 to 524.5-502;
or

(4) a referral to the prosecuting attorney for possible criminal prosecution of the
perpetrator under chapter 609.

The expenses of legal intervention must be paid by the county in the case of indigent
persons, under section 524.5-502 and chapter 563.

In proceedings under sections 524.5-101 to 524.5-502, if a suitable relative or other
person is not available to petition for guardianship or conservatorship, a county employee
shall present the petition with representation by the county attorney. The county shall contract
with or arrange for a suitable person or organization to provide ongoing guardianship
services. If the county presents evidence to the court exercising probate jurisdiction that it
has made a diligent effort and no other suitable person can be found, a county employee
may serve as guardian or conservator. The county shall not retaliate against the employee
for any action taken on behalf of the deleted text beginward or protecteddeleted text end person new text beginsubject to guardianship or
conservatorship,
new text endeven if the action is adverse to the county's interest. Any person retaliated
against in violation of this subdivision shall have a cause of action against the county and
shall be entitled to reasonable attorney fees and costs of the action if the action is upheld
by the court.

Sec. 36.

Minnesota Statutes 2020, section 626.557, subdivision 10b, is amended to read:


Subd. 10b.

Investigations; guidelines.

new text begin(a) new text endEach lead investigative agency shall develop
guidelines for prioritizing reports for investigation.

new text begin (b)new text end When investigating a report, the lead investigative agency shall conduct the following
activitiesdeleted text begin,deleted text end as appropriate:

(1) interview of the deleted text beginalleged victimdeleted text endnew text begin vulnerable adultnew text end;

(2) interview of the reporter and others who may have relevant information;

(3) interview of the deleted text beginalleged perpetratordeleted text endnew text begin individual or facility alleged responsible for
maltreatment
new text end;new text begin and
new text end

deleted text begin (4) examination of the environment surrounding the alleged incident;
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end review ofnew text begin records andnew text end pertinent documentation of the alleged incidentdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (6) consultation with professionals.
deleted text end

new text begin (c) The lead investigative agency shall conduct the following activities as appropriate
to further the investigation, to prevent further maltreatment, or to safeguard the vulnerable
adult:
new text end

new text begin (1) examining the environment surrounding the alleged incident;
new text end

new text begin (2) consulting with professionals; and
new text end

new text begin (3) communicating with state, federal, tribal, and other agencies including:
new text end

new text begin (i) service providers;
new text end

new text begin (ii) case managers;
new text end

new text begin (iii) ombudsmen; and
new text end

new text begin (iv) support persons for the vulnerable adult.
new text end

new text begin (d) The lead investigative agency may decide not to conduct an interview of a vulnerable
adult, reporter, or witness under paragraph (b) if:
new text end

new text begin (1) the vulnerable adult, reporter, or witness declines to have an interview with the
agency or is unable to be contacted despite the agency's diligent attempts;
new text end

new text begin (2) an interview of the vulnerable adult or reporter was conducted by law enforcement
or a professional trained in forensic interview and an additional interview will not further
the investigation;
new text end

new text begin (3) an interview of the witness will not further the investigation; or
new text end

new text begin (4) the agency has a reason to believe that the interview will endanger the vulnerable
adult.
new text end

Sec. 37.

Minnesota Statutes 2020, 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 sectionnew text begin while providing
adult protective services
new text end are welfare data under section 13.46. new text beginInvestigative data collected
under this section are confidential data on individuals or protected nonpublic data as defined
under section 13.02.
new text endNotwithstanding 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 (c).

Data maintained by the common entry point are confidential data on individuals or
protected 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.

(b) 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 13.02.
Upon completion of the investigation, the data are classified as provided in clauses (1) to
(3) and paragraph (c).

(1) The investigation memorandum must contain the following data, which are public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be substantiated, inconclusive, false,
or that no determination will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead investigative agency; and

(ix) 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 clause (2).

(2) Data on individuals collected and maintained in the investigation memorandum are
private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the perpetrator;

(iii) the identity of the individual substantiated as the perpetrator; and

(iv) the identity of all individuals interviewed as part of the investigation.

(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

(c) deleted text beginAfter the assessment or investigation is completed,deleted text end The name of the reporter must
be confidential. The subject of the report may compel disclosure of the name of the reporter
only with the consent of the reporter or upon a written finding by a court that the report was
false and there is evidence that the report was made in bad faith. 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.

(d) 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.

(e) The commissioners of health and human services shall annually publish on their
websites 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.

(f) Each lead investigative agency must have a record retention policy.

(g) Lead investigative agencies,new text begin county agencies responsible for adult protective services,new text end
prosecuting authorities, and law enforcement agencies may exchange not public data, as
defined in section 13.02,new text begin with a tribal agency, facility, service provider, vulnerable adult,
primary support person for a vulnerable adult, state licensing board, federal or state agency,
the ombudsman for long-term care, or the ombudsman for mental health and developmental
disabilities,
new text end if the agency or authority deleted text beginrequestingdeleted text endnew text begin providingnew text end the data determines that the data
are pertinent and necessary deleted text beginto the requesting agency in initiating, furthering, or completingdeleted text endnew text begin
to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable adult, or for
new text end
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.

(h) Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.

(i) A lead investigative agency may notify other affected parties and their 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.

(j) 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. 38.

Minnesota Statutes 2020, section 626.5571, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county may establish a multidisciplinary adult
protection team comprised of the director of the local welfare agency or designees, the
county attorney or designees, the county sheriff or designees, and representatives of health
care. In addition, representatives of mental health or other appropriate human service
agencies, representatives from local tribal governments, deleted text beginanddeleted text end adult advocate groupsnew text begin, and any
other organization with relevant expertise
new text end may be added to the adult protection team.

Sec. 39.

Minnesota Statutes 2020, section 626.5571, subdivision 2, is amended to read:


Subd. 2.

Duties of team.

A multidisciplinary adult protection team may provide public
and professional education, develop resources for prevention, intervention, and treatment,
and provide case consultation to the local welfare agency to better enable the agency to
carry out its deleted text beginadult protectiondeleted text end functions under section 626.557 and to meet the community's
needs deleted text beginfor adult protection servicesdeleted text end. Case consultation may be performed by a committee of
the team composed of the team members representing social services, law enforcement, the
county attorney, health care, and persons directly involved in an individual case as determined
by the case consultation committee. Case consultation deleted text beginisdeleted text endnew text begin includesnew text end a case review process that
results in recommendations about services to be provided to the identified adult and family.

Sec. 40.

Minnesota Statutes 2020, section 626.5572, subdivision 2, is amended to read:


Subd. 2.

Abuse.

"Abuse" means:

(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate,
or aiding and abetting a violation of:

(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;

(2) the use of drugs to injure or facilitate crime as defined in section 609.235;

(3) the solicitation, inducement, and promotion of prostitution as defined in section
609.322; and

(4) criminal sexual conduct in the first through fifth degrees as defined in sections
609.342 to 609.3451.

A violation includes any action that meets the elements of the crime, regardless of
whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section,
which produces or could reasonably be expected to produce physical pain or injury or
emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable
adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable
adult or the treatment of a vulnerable adult which would be considered by a reasonable
person to be disparaging, derogatory, humiliating, harassing, or threatening;new text begin or
new text end

(3) use of any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, including the forced separation of the vulnerable adult from other
persons against the will of the vulnerable adult or the legal representative of the vulnerable
adultdeleted text begin; anddeleted text endnew text begin unless authorized under applicable licensing requirements or Minnesota Rules,
chapter 9544.
new text end

deleted text begin (4) use of any aversive or deprivation procedures for persons with developmental
disabilities or related conditions not authorized under section 245.825.
deleted text end

(c) Any sexual contact or penetration as defined in section 609.341, between a facility
staff person or a person providing services in the facility and a resident, patient, or client
of that facility.

(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the
vulnerable adult's will to perform services for the advantage of another.

(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that
the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section
253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority
and within the boundary of reasonable medical practice, to any therapeutic conduct, including
any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition
of the vulnerable adult or, where permitted under law, to provide nutrition and hydration
parenterally or through intubation. This paragraph does not enlarge or diminish rights
otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

(f) For purposes of this section, a vulnerable adult is not abused for the sole reason that
the vulnerable adult, a person with authority to make health care decisions for the vulnerable
adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for
treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care,
provided that this is consistent with the prior practice or belief of the vulnerable adult or
with the expressed intentions of the vulnerable adult.

(g) For purposes of this section, a vulnerable adult is not abused for the sole reason that
the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with:

(1) a person, including a facility staff person, when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(2) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.

Sec. 41.

Minnesota Statutes 2020, section 626.5572, subdivision 4, is amended to read:


Subd. 4.

Caregiver.

"Caregiver" means an individual or facility who has responsibility
for new text beginall or a portion ofnew text end the care of a vulnerable adult deleted text beginas a result of a family relationship, or
who has assumed responsibility for all or a portion of the care of a vulnerable adult
deleted text end
voluntarily, by contract, or by agreement.

Sec. 42.

Minnesota Statutes 2020, section 626.5572, subdivision 17, is amended to read:


Subd. 17.

Neglect.

deleted text begin "Neglect" means: deleted text end new text begin Neglect means neglect by a caregiver or self-neglect.
new text end

(a)new text begin "Caregiver neglect" meansnew text end the failure or omission by a caregiver to supply a vulnerable
adult with care or services, including but not limited to, food, clothing, shelter, health care,
or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or
mental health or safety, considering the physical and mental capacity or dysfunction of the
vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(b) deleted text beginThe absence or likelihood of absence of care or services, including but not limited
to, food, clothing, shelter, health care, or supervision necessary to maintain the physical
and mental health of the vulnerable adult
deleted text endnew text begin "Self-neglect" means neglect by a vulnerable adult
of the vulnerable adult's own food, clothing, shelter, health care, or other services that are
not the responsibility of a caregiver
new text end which a reasonable person would deem essential to
obtain or maintain the vulnerable adult's health, safety, or comfort deleted text beginconsidering the physical
or mental capacity or dysfunction of the vulnerable adult
deleted text end.

(c) For purposes of this section, a vulnerable adult is not neglected for the sole reason
that:

(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult, or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation; this paragraph does not enlarge
or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or

(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship; or

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult which does not result in injury or harm which reasonably requires medical or mental
health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the
vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably
expected, as determined by the attending physician, to be restored to the vulnerable adult's
preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section 626.557,
and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements
measures designed to reduce the risk of further occurrence of this error and similar errors;
and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently
documented for review and evaluation by the facility and any applicable licensing,
certification, and ombudsman agency.

(d) Nothing in this definition requires a caregiver, if regulated, to provide services in
excess of those required by the caregiver's license, certification, registration, or other
regulation.

(e) If the findings of an investigation by a lead investigative agency result in a
determination of substantiated maltreatment for the sole reason that the actions required of
a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the
facility is subject to a correction order. An individual will not be found to have neglected
or maltreated the vulnerable adult based solely on the facility's not having taken the actions
required under paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead
investigative agency's determination of mitigating factors under section 626.557, subdivision
9c
, paragraph deleted text begin(c)deleted text endnew text begin (f)new text end.

ARTICLE 7

CHILD PROTECTION

Section 1.

Minnesota Statutes 2020, section 242.19, subdivision 2, is amended to read:


Subd. 2.

Dispositions.

When a child has been committed to the commissioner of
corrections by a juvenile court, upon a finding of delinquency, the commissioner may for
the purposes of treatment and rehabilitation:

(1) order the child's confinement to the Minnesota Correctional Facility-Red Wing,
which shall accept the child, or to a group foster home under the control of the commissioner
of corrections, or to private facilities or facilities established by law or incorporated under
the laws of this state that may care for delinquent children;

(2) order the child's release on parole under such supervisions and conditions as the
commissioner believes conducive to law-abiding conduct, treatment and rehabilitation;

(3) order reconfinement or renewed parole as often as the commissioner believes to be
desirable;

(4) revoke or modify any order, except an order of discharge, as often as the commissioner
believes to be desirable;

(5) discharge the child when the commissioner is satisfied that the child has been
rehabilitated and that such discharge is consistent with the protection of the public;

(6) if the commissioner finds that the child is eligible for probation or parole and it
appears from the commissioner's investigation that conditions in the child's or the guardian's
home are not conducive to the child's treatment, rehabilitation, or law-abiding conduct, refer
the child, together with the commissioner's findings, to a local social services agency or a
licensed child-placing agency for placement in a foster care or, when appropriate, for
initiation of child in need of protection or services proceedings as provided in sections
260C.001 to 260C.421. The commissioner of corrections shall reimburse local social services
agencies for foster care costs they incur for the child while on probation or parole to the
extent that funds for this purpose are made available to the commissioner by the legislature.
deleted text begin The juvenile court shall order the parents of a child on probation or parole to pay the costs
of foster care under section 260B.331, subdivision 1, according to their ability to pay, and
to the extent that the commissioner of corrections has not reimbursed the local social services
agency.
deleted text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 256N.26, subdivision 11, is amended
to read:


Subd. 11.

Child income or income attributable to the child.

(a) A monthly Northstar
kinship assistance or adoption assistance payment must be considered as income and
resources attributable to the child. Northstar kinship assistance and adoption assistance are
exempt from garnishment, except as permissible under the laws of the state where the child
resides.

(b) When a child is placed into foster care, any income and resources attributable to the
child are treated as provided in deleted text beginsectionsdeleted text endnew text begin sectionnew text end 252.27 deleted text beginand 260C.331, or 260B.331deleted text end, as
applicable to the child being placed.

(c) Supplemental Security Income (SSI), retirement survivor's disability insurance
(RSDI), veteran's benefits, railroad retirement benefits, and black lung benefits are considered
income and resources attributable to the child.

Sec. 3.

Minnesota Statutes 2020, section 256N.26, subdivision 14, is amended to read:


Subd. 14.

Treatment of child support and Minnesota family investment program.

(a)
If a child placed in foster carenew text begin who receives federal Title IV-E foster care maintenance
payments also
new text end receives child support, the child support payment may be redirected to the
financially responsible agency for the duration of the child's placement in foster care. In
cases where the child qualifies for Northstar Care for Children by meeting the adoption
assistance eligibility criteria or the Northstar kinship assistance eligibility criteria, any
court-ordered child support must not be considered income attributable to the child and
must have no impact on the monthly payment.

(b) Consistent with section 256J.24, a child eligible for Northstar Care for Children
whose caregiver receives a payment on the child's behalf is excluded from a Minnesota
family investment program assistance unit.

Sec. 4.

Minnesota Statutes 2020, section 260.761, subdivision 2, is amended to read:


Subd. 2.

Agency and court notice to tribes.

(a) When a local social services agency
has information that a family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking
assessment
new text end being conducted may involve an Indian child, the local social services agency
shall notify the Indian child's tribe of the family assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver
sex trafficking assessment
new text end according to section 260E.18.new text begin The local social services agency
shall provide
new text end initial notice deleted text beginshall be provideddeleted text end by telephone and by e-mail or facsimile. The
local social services agency shall request that the tribe or a designated tribal representative
participate in evaluating the family circumstances, identifying family and tribal community
resources, and developing case plans.

(b) When a local social services agency has information that a child receiving services
may be an Indian child, the local social services agency shall notify the tribe by telephone
and by e-mail or facsimile of the child's full name and date of birth, the full names and dates
of birth of the child's biological parents, and, if known, the full names and dates of birth of
the child's grandparents and of the child's Indian custodian. This notification must be provided
deleted text begin sodeleted text endnew text begin fornew text end the tribe deleted text begincandeleted text endnew text begin tonew text end determine if the child is enrolled in the tribe or eligible for new text begintribal
new text end membership, and deleted text beginmust be provideddeleted text endnew text begin the agency must provide this notification to the tribenew text end
within seven daysnew text begin of receiving information that the child may be an Indian childnew text end. If
information regarding the child's grandparents or Indian custodian is not available within
the seven-day period, the local social services agency shall continue to request this
information and shall notify the tribe when it is received. Notice shall be provided to all
tribes to which the child may have any tribal lineage. If the identity or location of the child's
parent or Indian custodian and tribe cannot be determined, the local social services agency
shall provide the notice required in this paragraph to the United States secretary of the
interior.

(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to
believe that a child placed in emergency protective care is an Indian child, the court
administrator or a designee shall, as soon as possible and before a hearing takes place, notify
the tribal social services agency by telephone and by e-mail or facsimile of the date, time,
and location of the emergency protective case hearing. The court shall make efforts to allow
appearances by telephone for tribal representatives, parents, and Indian custodians.

(d) A local social services agency must provide the notices required under this subdivision
at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in
this subdivision is intended to hinder the ability of the local social services agency and the
court to respond to an emergency situation. Lack of participation by a tribe shall not prevent
the tribe from intervening in services and proceedings at a later date. A tribe may participate
new text begin in a case new text endat any time. At any stage of the local social services agency's involvement with
an Indian child, the agency shall provide full cooperation to the tribal social services agency,
including disclosure of all data concerning the Indian child. Nothing in this subdivision
relieves the local social services agency of satisfying the notice requirements in the Indian
Child Welfare Act.

Sec. 5.

Minnesota Statutes 2020, section 260B.331, subdivision 1, is amended to read:


Subdivision 1.

Care, examination, or treatment.

(a)(1) Whenever legal custody of a
child is transferred by the court to a local social services agency, or

(2) whenever legal custody is transferred to a person other than the local social services
agency, but under the supervision of the local social services agency, and

(3) whenever a child is given physical or mental examinations or treatment under order
of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

deleted text begin (b) The court shall order, and the local social services agency shall require, the parents
or custodian of a child, while the child is under the age of 18, to use the total income and
resources attributable to the child for the period of care, examination, or treatment, except
for clothing and personal needs allowance as provided in section 256B.35, to reimburse the
county for the cost of care, examination, or treatment. Income and resources attributable to
the child include, but are not limited to, Social Security benefits, Supplemental Security
Income (SSI), veterans benefits, railroad retirement benefits and child support. When the
child is over the age of 18, and continues to receive care, examination, or treatment, the
court shall order, and the local social services agency shall require, reimbursement from
the child for the cost of care, examination, or treatment from the income and resources
attributable to the child less the clothing and personal needs allowance.
deleted text end

deleted text begin (c) If the income and resources attributable to the child are not enough to reimburse the
county for the full cost of the care, examination, or treatment, the court shall inquire into
the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the local social services agency shall
require, the parents to contribute to the cost of care, examination, or treatment of the child.
Except in delinquency cases where the victim is a member of the child's immediate family,
when determining the amount to be contributed by the parents, the court shall use a fee
schedule based upon ability to pay that is established by the local social services agency
and approved by the commissioner of human services. In delinquency cases where the
victim is a member of the child's immediate family, the court shall use the fee schedule but
may also take into account the seriousness of the offense and any expenses which the parents
have incurred as a result of the offense. The income of a stepparent who has not adopted a
child shall be excluded in calculating the parental contribution under this section.
deleted text end

deleted text begin (d) The court shall order the amount of reimbursement attributable to the parents or
custodian, or attributable to the child, or attributable to both sources, withheld under chapter
518A from the income of the parents or the custodian of the child. A parent or custodian
who fails to pay without good reason may be proceeded against for contempt, or the court
may inform the county attorney, who shall proceed to collect the unpaid sums, or both
procedures may be used.
deleted text end

deleted text begin (e)deleted text endnew text begin (b)new text end If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is covered
by a health insurance policy, health maintenance contract, or other health coverage plan.
Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of
coverage, co-payments or deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other medically necessary services.

Sec. 6.

Minnesota Statutes 2021 Supplement, section 260C.007, subdivision 14, is amended
to read:


Subd. 14.

Egregious harm.

"Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide
minimally adequate parental care. deleted text beginThe egregious harm need not have occurred in the state
or in the county where a termination of parental rights action is otherwise properly venued.
deleted text endnew text begin
A district court may still have proper venue over an action to terminate parental rights when
the egregious harm did not occur in the state or county where the district court is located.
new text end
Egregious harm includes, but is not limited to:

(1) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes a violation of sections 609.185 to
609.2114, 609.222, subdivision 2, 609.223, or any other similar law of any other state;

(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a
;

(3) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes felony malicious punishment of a
child under section 609.377;

(4) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes felony unreasonable restraint of a
child under section 609.255, subdivision 3;

(5) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes felony neglect or endangerment of
a child under section 609.378;

(6) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes assault under section 609.221, 609.222,
or 609.223;

(7) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutesnew text begin sex trafficking,new text end solicitation,
inducement, deleted text beginordeleted text end promotion of, or receiving profit derived from prostitution under section
609.322;

(8) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes murder or voluntary manslaughter
as defined by United States Code, title 18, section 1111(a) or 1112(a);

(9) conduct deleted text begintowardsdeleted text endnew text begin towardnew text end a child that constitutes aiding or abetting, attempting,
conspiring, or soliciting to commit a murder or voluntary manslaughter that constitutes a
violation of United States Code, title 18, section 1111(a) or 1112(a); or

(10) conduct toward a child that constitutes criminal sexual conduct under sections
609.342 to 609.345 or sexual extortion under section 609.3458.

Sec. 7.

Minnesota Statutes 2020, section 260C.331, subdivision 1, is amended to read:


Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights are
terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible social
services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under order
of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

deleted text begin (b) The court shall order, and the responsible social services agency shall require, the
parents or custodian of a child, while the child is under the age of 18, to use the total income
and resources attributable to the child for the period of care, examination, or treatment,
except for clothing and personal needs allowance as provided in section 256B.35, to
reimburse the county for the cost of care, examination, or treatment. Income and resources
attributable to the child include, but are not limited to, Social Security benefits, Supplemental
Security Income (SSI), veterans benefits, railroad retirement benefits and child support.
When the child is over the age of 18, and continues to receive care, examination, or treatment,
the court shall order, and the responsible social services agency shall require, reimbursement
from the child for the cost of care, examination, or treatment from the income and resources
attributable to the child less the clothing and personal needs allowance. Income does not
include earnings from a child over the age of 18 who is working as part of a plan under
section 260C.212, subdivision 1, paragraph (c), clause (12), to transition from foster care,
or the income and resources from sources other than Supplemental Security Income and
child support that are needed to complete the requirements listed in section 260C.203.
deleted text end

deleted text begin (c) If the income and resources attributable to the child are not enough to reimburse the
county for the full cost of the care, examination, or treatment, the court shall inquire into
the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of the
child. When determining the amount to be contributed by the parents, the court shall use a
fee schedule based upon ability to pay that is established by the responsible social services
agency and approved by the commissioner of human services. The income of a stepparent
who has not adopted a child shall be excluded in calculating the parental contribution under
this section.
deleted text end

deleted text begin (d) The court shall order the amount of reimbursement attributable to the parents or
custodian, or attributable to the child, or attributable to both sources, withheld under chapter
518A from the income of the parents or the custodian of the child. A parent or custodian
who fails to pay without good reason may be proceeded against for contempt, or the court
may inform the county attorney, who shall proceed to collect the unpaid sums, or both
procedures may be used.
deleted text end

deleted text begin (e)deleted text endnew text begin (b)new text end If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is covered
by a health insurance policy, health maintenance contract, or other health coverage plan.
Court-ordered treatment shall be subject to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates benefit limits, conditions of
coverage, co-payments or deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other medically necessary services.

deleted text begin (f) Notwithstanding paragraph (b), (c), or (d),deleted text endnew text begin (c)new text end A parent, custodian, or guardian of the
child is not required to use income and resources attributable to the child to reimburse the
county for costs of care and is not required to contribute to the cost of care of the child
during any period of time when the child is returned to the home of that parent, custodian,
or guardian pursuant to a trial home visit under section 260C.201, subdivision 1, paragraph
(a).

Sec. 8.

Minnesota Statutes 2020, section 260C.451, subdivision 8, is amended to read:


Subd. 8.

Notice of termination of foster care.

When a child in foster care between the
ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the
responsible social services agency shall give the child written notice that foster care will
terminate 30 days from the date the notice is sent. The child or the child's guardian ad litem
may file a motion asking the court to review the agency's determination within 15 days of
receiving the notice. The child deleted text beginshalldeleted text endnew text begin mustnew text end not be discharged from foster care until the motion
is heard. The agency shall work with the child to new text beginprepare for the child's new text endtransition out of
foster care deleted text beginasdeleted text endnew text begin. The agency must provide the court with the child's personalized transition
plan
new text endrequired new text beginto be developed new text endunder section deleted text begin260C.203, paragraph (d), clause (2)deleted text endnew text begin 260C.452,
subdivision 4, if the motion is filed
new text end. The written notice of termination of benefits shall be
on a form prescribed by the commissioner and shall also give notice of the right to have the
agency's determination reviewed by the court in the proceeding where the court conducts
the reviews required under section 260C.203, 260C.317, or 260C.515, subdivision 5 or 6.
A copy of the termination notice shall be sent to the child and the child's attorney, if any,
the foster care provider, the child's guardian ad litem, and the court. The agency is not
responsible for paying foster care benefits for any period of time after the child actually
leaves foster care.

Sec. 9.

Minnesota Statutes 2020, section 260C.451, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Transition planning. new text end

new text begin For a youth who will be discharged from foster care at
18 years of age or older, the responsible social services agency must develop a personalized
transition plan as directed by the youth during the 180-day period immediately prior to the
expected date of discharge according to section 260C.452, subdivision 4. A youth's
personalized transition plan must include the support beyond 21 program under subdivision
8b for eligible youth. With a youth's consent, the responsible social services agency may
share the youth's personalized transition plan with a contracted agency providing case
management services under section 260C.452.
new text end

Sec. 10.

Minnesota Statutes 2020, section 260C.451, is amended by adding a subdivision
to read:


new text begin Subd. 8b. new text end

new text begin Support beyond 21 program. new text end

new text begin For a youth who was eligible for extended
foster care under subdivision 3 and is discharged at age 21, the responsible social services
agency must ensure that the youth is referred to the support beyond 21 program. The support
beyond 21 program must provide a youth with one additional year of financial support for
housing and basic needs to assist the youth aging out of extended foster care at age 21. A
youth receiving benefits under the support beyond 21 program is also eligible for the
successful transition to adulthood program for additional support under section 260C.452.
A youth who transitions to residential services under sections 256B.092 and 256B.49 is not
eligible for the support beyond 21 program.
new text end

Sec. 11.

Minnesota Statutes 2020, section 260E.01, is amended to read:


260E.01 POLICY.

(a) The legislature hereby declares that the public policy of this state is to protect children
whose health or welfare may be jeopardized through maltreatment. While it is recognized
that most parents want to keep their children safe, sometimes circumstances or conditions
interfere with their ability to do so. When this occurs, the health and safety of the children
must be of paramount concern. Intervention and prevention efforts must address immediate
concerns for child safety and the ongoing risk of maltreatment and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this chapter to:

(1) protect children and promote child safety;

(2) strengthen the family;

(3) make the home, school, and community safe for children by promoting responsible
child care in all settings; and

(4) provide, when necessary, a safe temporary or permanent home environment for
maltreated children.

(b) In addition, it is the policy of this state to:

(1) require the reporting of maltreatment of children in the home, school, and community
settings;

(2) provide for deleted text beginthedeleted text end voluntary reporting of maltreatment of children;

(3) require an investigation when the report alleges sexual abuse or substantial child
endangermentnew text begin, except when the report alleges sex trafficking by a noncaregiver sex traffickernew text end;

(4) provide a family assessment, if appropriate, when the report does not allege sexual
abuse or substantial child endangerment; deleted text beginand
deleted text end

(5) new text beginprovide a noncaregiver sex trafficking assessment when the report alleges sex
trafficking by a noncaregiver sex trafficker; and
new text end

new text begin (6) new text endprovide protective, family support, and family preservation services when needed
in appropriate cases.

Sec. 12.

Minnesota Statutes 2020, section 260E.02, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include, but new text beginis new text endnot deleted text beginbedeleted text end limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental healthnew text begin, representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex trafficking or sexual exploitation,
new text end or other appropriate human
services or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools, social services
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.

Sec. 13.

Minnesota Statutes 2020, section 260E.03, is amended by adding a subdivision
to read:


new text begin Subd. 15a. new text end

new text begin Noncaregiver sex trafficker. new text end

new text begin "Noncaregiver sex trafficker" means an
individual who is alleged to have engaged in the act of sex trafficking a child and who is
not a person responsible for the child's care, who does not have a significant relationship
with the child as defined in section 609.341, and who is not a person in a current or recent
position of authority as defined in section 609.341, subdivision 10.
new text end

Sec. 14.

Minnesota Statutes 2020, section 260E.03, is amended by adding a subdivision
to read:


new text begin Subd. 15b. new text end

new text begin Noncaregiver sex trafficking assessment. new text end

new text begin "Noncaregiver sex trafficking
assessment" is a comprehensive assessment of child safety, the risk of subsequent child
maltreatment, and strengths and needs of the child and family. The local welfare agency
shall only perform a noncaregiver sex trafficking assessment when a maltreatment report
alleges sex trafficking of a child by someone other than the child's caregiver. A noncaregiver
sex trafficking assessment does not include a determination of whether child maltreatment
occurred. A noncaregiver sex trafficking assessment includes a determination of a family's
need for services to address the safety of a child or children, the safety of family members,
and the risk of subsequent child maltreatment.
new text end

Sec. 15.

Minnesota Statutes 2021 Supplement, section 260E.03, subdivision 22, is amended
to read:


Subd. 22.

Substantial child endangerment.

"Substantial child endangerment" means
that a person responsible for a child's care, by act or omission, commits or attempts to
commit an act against a child deleted text beginunder theirdeleted text endnew text begin in the person'snew text end care that constitutes any of the
following:

(1) egregious harm under subdivision 5;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred to
as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) new text beginsex trafficking, new text endsolicitation, inducement, deleted text beginanddeleted text endnew text begin ornew text end promotion of prostitution under
section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) sexual extortion under section 609.3458;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition deleted text beginthat mandates thatdeleted text endnew text begin requiringnew text end the county
attorneynew text begin tonew text end file a termination of parental rights petition under section 260C.503, subdivision
2
.

Sec. 16.

Minnesota Statutes 2020, section 260E.14, subdivision 2, is amended to read:


Subd. 2.

Sexual abuse.

(a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abuse if the alleged offender is the parent, guardian,
sibling, or an individual functioning within the family unit as a person responsible for the
child's care, or a person with a significant relationship to the child if that person resides in
the child's household.

(b) The local welfare agency is also responsible for new text beginassessing or new text endinvestigating when a
child is identified as a victim of sex trafficking.

Sec. 17.

Minnesota Statutes 2020, section 260E.14, subdivision 5, is amended to read:


Subd. 5.

Law enforcement.

(a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.

(b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when deleted text beginthedeleted text endnew text begin: (1) anew text end report alleges maltreatment
that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care deleted text beginfunctioningdeleted text end within the family unit, ornew text begin by anew text end person who lives
in the child's household and who has a significant relationship to the childdeleted text begin,deleted text end in a setting other
than a facility as defined in section 260E.03new text begin; or (2) a report alleges sex trafficking of a childnew text end.

Sec. 18.

Minnesota Statutes 2020, section 260E.17, subdivision 1, is amended to read:


Subdivision 1.

Local welfare agency.

(a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment deleted text beginordeleted text endnew text begin,new text end an investigationnew text begin, or a
noncaregiver sex trafficking assessment
new text end as appropriate to prevent or provide a remedy for
maltreatment.

(b) The local welfare agency shall conduct an investigation when the report involves
sexual abusenew text begin, except as indicated in paragraph (f),new text end or substantial child endangerment.

(c) The local welfare agency shall begin an immediate investigation deleted text beginif,deleted text end at any time when
the local welfare agency is deleted text beginusingdeleted text endnew text begin responding withnew text end a family assessment deleted text beginresponse,deleted text endnew text begin andnew text end the
local welfare agency determines that there is reason to believe that sexual abuse deleted text beginordeleted text endnew text begin,new text end substantial
child endangermentnew text begin,new text end or a serious threat to the child's safety exists.

(d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abusenew text begin, except as indicated in paragraph (f),new text end or substantial child endangerment.
In determining that a family assessment is appropriate, the local welfare agency may consider
issues of child safety, parental cooperation, and the need for an immediate response.

(e) The local welfare agency may conduct a family assessment deleted text beginondeleted text endnew text begin fornew text end a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.

new text begin (f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment
when a maltreatment report alleges sex trafficking of a child and the alleged offender is a
noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.
new text end

new text begin (g) During a noncaregiver sex trafficking assessment, the local welfare agency shall
initiate an immediate investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or is alleged to
have engaged in any conduct requiring the agency to conduct an investigation.
new text end

Sec. 19.

Minnesota Statutes 2020, section 260E.18, is amended to read:


260E.18 NOTICE TO CHILD'S TRIBE.

The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's tribe when the agency has reason to believe new text beginthat new text endthe family
assessment deleted text beginordeleted text endnew text begin,new text end investigationnew text begin, or noncaregiver sex trafficking assessmentnew text end may involve an
Indian child. For purposes of this section, "immediate notice" means notice provided within
24 hours.

Sec. 20.

Minnesota Statutes 2021 Supplement, section 260E.20, subdivision 2, is amended
to read:


Subd. 2.

Face-to-face contact.

(a) Upon receipt of a screened in report, the local welfare
agency shall deleted text beginconduct adeleted text endnew text begin havenew text end face-to-face contact with the child reported to be maltreated
and with the child's primary caregiver sufficient to complete a safety assessment and ensure
the immediate safety of the child.

(b) new text beginExcept in a noncaregiver sex trafficking assessment, new text endthenew text begin local welfare agency shall
have
new text end face-to-face contact with the child and primary caregiver deleted text beginshall occurdeleted text end immediatelynew text begin after
the agency screens in a report
new text end if sexual abuse or substantial child endangerment is alleged
and within five calendar daysnew text begin of a screened in reportnew text end for all other reports. If the alleged
offender was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the early stages of
the assessment or investigationnew text begin, except in a noncaregiver sex trafficking assessmentnew text end.
Face-to-face contact with the child and primary caregiver in response to a report alleging
sexual abuse or substantial child endangerment may be postponed for no more than five
calendar days if the child is residing in a location that is confirmed to restrict contact with
the alleged offender as established in guidelines issued by the commissioner, or if the local
welfare agency is pursuing a court order for the child's caregiver to produce the child for
questioning under section 260E.22, subdivision 5.

(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.new text begin
When conducting a noncaregiver sex trafficking assessment, the local child welfare agency
is not required to inform or interview the alleged offender.
new text end

(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statementnew text begin, except
when conducting a noncaregiver sex trafficking assessment
new text end. The alleged offender may
submit supporting documentation relevant to the assessment or investigation.

Sec. 21.

Minnesota Statutes 2020, section 260E.24, subdivision 2, is amended to read:


Subd. 2.

Determination after family assessmentnew text begin or a noncaregiver sex trafficking
assessment
new text end.

After conducting a family assessmentnew text begin or a noncaregiver sex trafficking
assessment
new text end, the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment.

Sec. 22.

Minnesota Statutes 2020, section 260E.24, subdivision 7, is amended to read:


Subd. 7.

Notification at conclusion of family assessmentnew text begin or a noncaregiver sex
trafficking assessment
new text end.

Within ten working days of the conclusion of a family assessmentnew text begin
or a noncaregiver sex trafficking assessment
new text end, the local welfare agency shall notify the parent
or guardian of the child of the need for services to address child safety concerns or significant
risk of subsequent maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed.

Sec. 23.

Minnesota Statutes 2020, section 260E.33, subdivision 1, is amended to read:


Subdivision 1.

Followingnew text begin anew text end family assessmentnew text begin or a noncaregiver sex trafficking
assessment
new text end.

Administrative reconsideration is not applicable to a family assessment new text beginor a
noncaregiver sex trafficking assessment
new text endsince no determination concerning maltreatment
is made.

Sec. 24.

Minnesota Statutes 2020, section 260E.35, subdivision 6, is amended to read:


Subd. 6.

Data retention.

(a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.

(b) For a report alleging maltreatment that was not accepted for new text beginan new text endassessment or new text beginan
new text end investigation, a family assessment case, new text begina noncaregiver sex trafficking assessment case, new text endand
a case where an investigation results in no determination of maltreatment or the need for
child protective services, the record must be maintained for a period of five years after the
datenew text begin thatnew text end the report was not accepted for assessment or investigation or the date of the final
entry in the case record. A record of a report that was not accepted must contain sufficient
information to identify the subjects of the report, the nature of the alleged maltreatment,
and the reasons deleted text beginas todeleted text end why the report was not accepted. Records under this paragraph may
not be used for employment, background checks, or purposes other than to assist in future
screening decisions and risk and safety assessments.

(c) All records relating to reports that, upon investigation, indicate deleted text begineitherdeleted text end maltreatment
or a need for child protective services shall be maintained for ten years after the date of the
final entry in the case record.

(d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.

(e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), must be destroyed by the court services agency when ordered to do so by the
local welfare agency that released the data. The local welfare agency or agency responsible
for assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

Sec. 25. new text beginDIRECTION TO COMMISSIONER OF HUMAN SERVICES; FOSTER
CARE FEDERAL CASH ASSISTANCE BENEFITS PRESERVATION.
new text end

new text begin (a) The commissioner of human services shall develop a plan to implement procedures
and policies necessary to cease allowing a financially responsible agency to use the federal
cash assistance benefits of a child in foster care to pay for out-of-home placement costs for
the child. The plan must ensure that federal cash assistance benefits are preserved and made
available to meet the best interests of the child and must include recommendations on the
following, in compliance with all applicable federal laws and Minnesota Statutes, chapter
256N:
new text end

new text begin (1) policies for youth and caregiver access to preserved federal cash assistance benefit
payments;
new text end

new text begin (2) representative payees for children in voluntary foster care for treatment pursuant to
Minnesota Statutes, chapter 260D; and
new text end

new text begin (3) family preservation and reunification.
new text end

new text begin (b) For purposes of this section, "federal cash assistance benefits" means all benefits
from programs administered by the Social Security Administration, including from the
Supplemental Security Income and the Retirement, Survivors, Disability Insurance programs.
new text end

new text begin (c) When developing the plan under this section, the commissioner shall consult or
engage with:
new text end

new text begin (1) individuals or entities with experience managing trusts and investment;
new text end

new text begin (2) individuals or entities with expertise in providing tax advice;
new text end

new text begin (3) individuals or entities with expertise in preserving assets to avoid negative impacts
on public assistance eligibility;
new text end

new text begin (4) other relevant state agencies;
new text end

new text begin (5) Tribal nations that have joined or are in the formal planning process to join the
American Indian Child Welfare Initiative;
new text end

new text begin (6) counties;
new text end

new text begin (7) the Children's Justice Initiative;
new text end

new text begin (8) organizations that serve and advocate for children and families in the child protection
system;
new text end

new text begin (9) foster families and kinship caregivers, to the extent possible;
new text end

new text begin (10) youth who have been or are currently in out-of-home placement; and
new text end

new text begin (11) other relevant stakeholders.
new text end

new text begin (d) By December 15, 2022, each county shall provide the following data for fiscal years
2019 and 2020 to the commissioner in a form prescribed by the commissioner:
new text end

new text begin (1) the nonduplicated number of children in foster care in the county who received
federal cash assistance benefits;
new text end

new text begin (2) the number of children for whom the county was the representative payee for federal
cash assistance benefits; and
new text end

new text begin (3) the amount of money that the county collected in federal cash assistance benefits as
the representative payee for children in the county.
new text end

new text begin (e) By January 15, 2024, the commissioner shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over human services and
child welfare outlining the plan developed under this section. The report must include a
projected timeline for implementation of the plan, estimated implementation costs, and any
legislative recommendations that may be required to implement the plan.
new text end

ARTICLE 8

ECONOMIC ASSISTANCE POLICY

Section 1.

Minnesota Statutes 2020, section 256P.04, subdivision 11, is amended to read:


Subd. 11.

Participant's completion of household report form.

(a) When a participant
is required to complete a household report form, the following paragraphs apply.

(b) If the agency receives an incomplete household report form, the agency must
immediately deleted text beginreturn the incomplete form and clearly state what the participant must do for
the form to be complete
deleted text endnew text begin contact the participant by phone or in writing to acquire the necessary
information to complete the form
new text end.

(c) The automated eligibility system must send a notice of proposed termination of
assistance to the participant if a complete household report form is not received by the
agency. The automated notice must be mailed to the participant by approximately the 16th
of the month. When a participant submits an incomplete form on or after the date a notice
of proposed termination has been sent, the termination is valid unless the participant submits
a complete form before the end of the month.

(d) The submission of a household report form is considered to have continued the
participant's application for assistance if a complete household report form is received within
a calendar month after the month in which the form was due. Assistance shall be paid for
the period beginning with the first day of that calendar month.

(e) An agency must allow good cause exemptions for a participant required to complete
a household report form when any of the following factors cause a participant to fail to
submit a completed household report form before the end of the month in which the form
is due:

(1) an employer delays completion of employment verification;

(2) the agency does not help a participant complete the household report form when the
participant asks for help;

(3) a participant does not receive a household report form due to a mistake on the part
of the department or the agency or a reported change in address;

(4) a participant is ill or physically or mentally incapacitated; or

(5) some other circumstance occurs that a participant could not avoid with reasonable
care which prevents the participant from providing a completed household report form
before the end of the month in which the form is due.

Sec. 2.

Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended
to read:


Subd. 3.

Income inclusions.

The following must be included in determining the income
of an assistance unit:

(1) earned income; and

(2) unearned income, which includes:

(i) interest and dividends from investments and savings;

(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;

(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;

(iv) income from trusts, excluding special needs and supplemental needs trusts;

(v) interest income from loans made by the participant or household;

(vi) cash prizes and winnings;

(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:

(A) 18 years of age and enrolled in a secondary school; or

(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;

(viii) retirement, survivors, and disability insurance payments;

(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;

(x) retirement benefits;

(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I,
and 256J;

(xii) Tribal per capita payments unless excluded by federal and state law;

deleted text begin (xiii) income and payments from service and rehabilitation programs that meet or exceed
the state's minimum wage rate;
deleted text end

deleted text begin (xiv)deleted text endnew text begin (xiii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;

deleted text begin (xv)deleted text endnew text begin (xiv)new text end all child support payments for programs under chapters 119B, 256D, and 256I;

deleted text begin (xvi)deleted text endnew text begin (xv)new text end the amount of child support received that exceeds $100 for assistance units
with one child and $200 for assistance units with two or more children for programs under
chapter 256J;

deleted text begin (xvii)deleted text endnew text begin (xvi)new text end spousal support; and

deleted text begin (xviii)deleted text endnew text begin (xvii)new text end workers' compensation.

Sec. 3.

Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:


Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:

(1) state and federal agencies specifically authorized access to the data by state or federal
law;

(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;

(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;

(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;

(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;

(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;

(10) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program new text beginand other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program
new text endby
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 119B, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;

(11) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;

(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;

(13) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;

(14) the Department of Health for the purposes of epidemiologic investigations;

(15) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;

(16) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201; and

(17) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System.

(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 4. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary grammatical
and cross-reference changes consistent with the renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 256D.051, subdivision 20
new text end
new text begin 256D.60, subdivision 1
new text end
new text begin 256D.051, subdivision 21
new text end
new text begin 256D.60, subdivision 2
new text end
new text begin 256D.051, subdivision 22
new text end
new text begin 256D.60, subdivision 3
new text end
new text begin 256D.051, subdivision 23
new text end
new text begin 256D.60, subdivision 4
new text end
new text begin 256D.051, subdivision 24
new text end
new text begin 256D.60, subdivision 5
new text end
new text begin 256D.0512
new text end
new text begin 256D.61
new text end
new text begin 256D.0515
new text end
new text begin 256D.62
new text end
new text begin 256D.0516
new text end
new text begin 256D.63
new text end
new text begin 256D.053
new text end
new text begin 256D.64
new text end

Sec. 5. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 256D.055, new text end new text begin is repealed.
new text end

ARTICLE 9

ECONOMIC ASSISTANCE

Section 1.

Minnesota Statutes 2020, section 119B.011, subdivision 15, is amended to read:


Subd. 15.

Income.

new text begin(a) new text end"Income" means earned income as defined under section 256P.01,
subdivision 3
, unearned income as defined under section 256P.01, subdivision 8, and public
assistance cash benefits, including the Minnesota family investment program, diversionary
work program, work benefit, Minnesota supplemental aid, general assistance, refugee cash
assistance, at-home infant child care subsidy payments, deleted text beginanddeleted text end child support and maintenance
distributed to deleted text beginthedeleted text endnew text begin anew text end family under section 256.741, subdivision 2adeleted text begin.deleted text endnew text begin, and nonrecurring income
over $60 per quarter unless the nonrecurring income is:
new text end

new text begin (1) from tax refunds, tax rebates, or tax credits;
new text end

new text begin (2) from a reimbursement, rebate, award, grant, or refund of personal or real property
or costs or losses incurred when these payments are made by a public agency, a court, a
solicitation through public appeal, the federal government, a state or local unit of government,
or a disaster assistance organization;
new text end

new text begin (3) provided as an in-kind benefit; or
new text end

new text begin (4) earmarked and used for the purpose for which it was intended.
new text end

new text begin (b)new text end The following are deducted from income: funds used to pay for health insurance
premiums for family members, and child or spousal support paid to or on behalf of a person
or persons who live outside of the household. Income sources not included in this subdivision
and section 256P.06, subdivision 3, are not countednew text begin as incomenew text end.

Sec. 2.

Minnesota Statutes 2020, section 119B.025, subdivision 4, is amended to read:


Subd. 4.

Changes in eligibility.

(a) The county shall process a change in eligibility
factors according to paragraphs (b) to (g).

(b) A family is subject to the reporting requirements in section 256P.07new text begin, subdivision 6new text end.

(c) If a family reports a change or a change is known to the agency before the family's
regularly scheduled redetermination, the county must act on the change. The commissioner
shall establish standards for verifying a change.

(d) A change in income occurs on the day the participant received the first payment
reflecting the change in income.

(e) During a family's 12-month eligibility period, if the family's income increases and
remains at or below 85 percent of the state median income, adjusted for family size, there
is no change to the family's eligibility. The county shall not request verification of the
change. The co-payment fee shall not increase during the remaining portion of the family's
12-month eligibility period.

(f) During a family's 12-month eligibility period, if the family's income increases and
exceeds 85 percent of the state median income, adjusted for family size, the family is not
eligible for child care assistance. The family must be given 15 calendar days to provide
verification of the change. If the required verification is not returned or confirms ineligibility,
the family's eligibility ends following a subsequent 15-day adverse action notice.

(g) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170,
subpart 1, if an applicant or participant reports that employment ended, the agency may
accept a signed statement from the applicant or participant as verification that employment
ended.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256D.03, is amended by adding a subdivision to
read:


new text begin Subd. 2b. new text end

new text begin Budgeting and reporting. new text end

new text begin Every county agency shall determine eligibility
and calculate benefit amounts for general assistance according to chapter 256P.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256D.0515, is amended to read:


256D.0515 ASSET LIMITATIONS FOR SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM HOUSEHOLDS.

All Supplemental Nutrition Assistance Program (SNAP) households must be determined
eligible for the benefit discussed under section 256.029. SNAP households must demonstrate
that their gross income is equal to or less than deleted text begin165deleted text endnew text begin 200new text end percent of the federal poverty
guidelines for the same family size.

Sec. 5.

Minnesota Statutes 2020, section 256D.0516, subdivision 2, is amended to read:


Subd. 2.

SNAP reporting requirements.

The commissioner of human services shall
implement simplified reporting as permitted under the Food and Nutrition Act of 2008, as
amended, and the SNAP regulations in Code of Federal Regulations, title 7, part 273. SNAP
benefit recipient households required to report periodically shall not be required to report
more often than one time every six months. deleted text beginThis provision shall not apply to households
receiving food benefits under the Minnesota family investment program waiver.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2020, section 256D.06, subdivision 1, is amended to read:


Subdivision 1.

Eligibility; amount of assistance.

General assistance shall be granted
new text begin to an individual or married couple new text endin an amount deleted text beginthat when added to the countable income
as determined to be actually
deleted text endnew text begin equal to the difference between the countable income new text end available
deleted text begin to the assistance unitdeleted text end under section 256P.06deleted text begin, the total amount equals the applicable standard
of assistance for general assistance
deleted text endnew text begin and the standard for the individual or married couple
using the MFIP transitional standard cash portion described in section 256J.24, subdivision
5, paragraph (a)
new text end. In determining eligibility for and the amount of assistance for an individual
or married couple, the agency shall apply the earned income disregard as determined in
section 256P.03.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2020, section 256D.06, subdivision 2, is amended to read:


Subd. 2.

Emergency need.

(a) Notwithstanding the provisions of subdivision 1, a grant
of emergency general assistance shall, to the extent funds are available, be made to an
eligible single adult, married couple, or family for an emergency need where the recipient
requests temporary assistance not exceeding 30 days if an emergency situation appears to
exist under written criteria adopted by the county agency. If an applicant or recipient relates
facts to the county agency which may be sufficient to constitute an emergency situation,
the county agency shall, to the extent funds are available, advise the person of the procedure
for applying for assistance according to this subdivision.

(b) The applicant must be ineligible for assistance under chapter 256J, must have annual
net income no greater than 200 percent of the federal poverty guidelines for the previous
calendar year, and may new text beginonly new text endreceive an emergency assistance grant deleted text beginnot more thandeleted text end once in
any 12-month period.

(c) Funding for an emergency general assistance program is limited to the appropriation.
Each fiscal year, the commissioner shall allocate to counties the money appropriated for
emergency general assistance grants based on each county agency's average share of state's
emergency general expenditures for the immediate past three fiscal years as determined by
the commissioner, and may reallocate any unspent amounts to other counties. new text beginThe
commissioner may disregard periods of pandemic or other disaster, including fiscal years
2021 and 2022, when determining the amount allocated to counties.
new text endNo county shall be
allocated less than $1,000 for a fiscal year.

(d) Any emergency general assistance expenditures by a county above the amount of
the commissioner's allocation to the county must be made from county funds.

Sec. 8.

Minnesota Statutes 2020, section 256D.06, subdivision 5, is amended to read:


Subd. 5.

Eligibility; requirements.

(a) Any applicant, otherwise eligible for general
assistance and possibly eligible for maintenance benefits from any other source shall (1)
make application for those benefits within deleted text begin30deleted text endnew text begin 90new text end days of the general assistance applicationnew text begin,
unless an applicant had good cause to not apply within that period
new text end; and (2) execute an interim
assistance agreement on a form as directed by the commissioner.

(b) The commissioner shall review a denial of an application for other maintenance
benefits and may require a recipient of general assistance to file an appeal of the denial if
appropriate. If found eligible for benefits from other sources, and a payment received from
another source relates to the period during which general assistance was also being received,
the recipient shall be required to reimburse the county agency for the interim assistance
paid. Reimbursement shall not exceed the amount of general assistance paid during the time
period to which the other maintenance benefits apply and shall not exceed the state standard
applicable to that time period.

(c) The commissioner may contract with the county agencies, qualified agencies,
organizations, or persons to provide advocacy and support services to process claims for
federal disability benefits for applicants or recipients of services or benefits supervised by
the commissioner using money retained under this section.

(d) The commissioner may provide methods by which county agencies shall identify,
refer, and assist recipients who may be eligible for benefits under federal programs for
people with a disability.

(e) The total amount of interim assistance recoveries retained under this section for
advocacy, support, and claim processing services shall not exceed 35 percent of the interim
assistance recoveries in the prior fiscal year.

Sec. 9.

Minnesota Statutes 2020, section 256E.36, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of human services.

(c) "Eligible organization" means a local governmental unitnew text begin, federally recognized Tribal
Nation,
new text end or nonprofit organization providing or seeking to provide emergency services for
homeless persons.

(d) "Emergency services" means:

(1) providing emergency shelter for homeless persons; and

(2) assisting homeless persons in obtaining essential services, including:

(i) access to permanent housing;

(ii) medical and psychological help;

(iii) employment counseling and job placement;

(iv) substance abuse treatment;

(v) financial assistance available from other programs;

(vi) emergency child care;

(vii) transportation; and

(viii) other services needed to stabilize housing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 10.

new text begin [256E.361] EMERGENCY SHELTER FACILITIES GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

new text begin (c) "Eligible organization" means a local governmental unit, federally recognized Tribal
Nation, or nonprofit organization seeking to acquire, construct, renovate, furnish, or equip
facilities for emergency homeless shelters for individuals and families experiencing
homelessness.
new text end

new text begin (d) "Emergency services" has the meaning given in section 256E.36, subdivision 1,
paragraph (d).
new text end

new text begin (e) "Emergency shelter facility" or "facility" means a facility that provides a safe, sanitary,
accessible, and suitable emergency shelter for individuals and families experiencing
homelessness, regardless of whether the facility provides emergency shelter for emergency
services during the day, overnight, or both.
new text end

new text begin Subd. 2. new text end

new text begin Program established; purpose. new text end

new text begin An emergency shelter facilities grant program
is established to help eligible organizations acquire, construct, renovate, furnish, or equip
emergency shelter facilities for individuals and families experiencing homelessness. The
program shall be administered by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Distribution of grants. new text end

new text begin The commissioner must make grants with the purpose
of ensuring that emergency shelter facilities are available to meet the needs of individuals
and families experiencing homelessness statewide.
new text end

new text begin Subd. 4. new text end

new text begin Applications. new text end

new text begin An eligible organization may apply to the commissioner for a
grant to acquire, construct, renovate, furnish, or equip an emergency shelter facility providing
or seeking to provide emergency services for individuals and families experiencing
homelessness. The commissioner shall use a competitive request for proposal process to
identify potential projects and eligible organizations on a statewide basis.
new text end

new text begin Subd. 5. new text end

new text begin Criteria for grant awards. new text end

new text begin The commissioner shall award grants based on the
following criteria:
new text end

new text begin (1) whether the application is for a grant to acquire, construct, renovate, furnish, or equip
an emergency shelter facility for individuals and families experiencing homelessness;
new text end

new text begin (2) evidence of the applicant's need for state assistance and the need for the particular
facility to be funded; and
new text end

new text begin (3) the applicant's long-range plans for future funding if the need continues to exist for
the emergency services provided at the facility.
new text end

new text begin Subd. 6. new text end

new text begin Availability of appropriations. new text end

new text begin Appropriations under this section are available
for a four-year period that begins on July 1 of the fiscal year in which the appropriation
occurs. Unspent funds at the end of the four-year period shall be returned back to the general
fund.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256I.03, subdivision 13, is amended to read:


Subd. 13.

Prospective budgeting.

"Prospective budgeting" deleted text beginmeans estimating the amount
of monthly income a person will have in the payment month
deleted text endnew text begin has the meaning given in
section 256P.01, subdivision 9
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 12.

Minnesota Statutes 2020, section 256I.06, subdivision 6, is amended to read:


Subd. 6.

Reports.

Recipients must report changes in circumstances according to section
256P.07 deleted text beginthat affect eligibility or housing support payment amounts, other than changes in
earned income, within ten days of the change
deleted text end. Recipients with countable earned income
must complete a household report form deleted text beginat leastdeleted text end once every six monthsnew text begin according to section
256P.10
new text end. deleted text beginIf the report form is not received before the end of the month in which it is due,
the county agency must terminate eligibility for housing support payments. The termination
shall be effective on the first day of the month following the month in which the report was
due. If a complete report is received within the month eligibility was terminated, the
individual is considered to have continued an application for housing support payment
effective the first day of the month the eligibility was terminated.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 13.

Minnesota Statutes 2021 Supplement, section 256I.06, subdivision 8, is amended
to read:


Subd. 8.

Amount of housing support payment.

(a) The amount of a room and board
payment to be made on behalf of an eligible individual is determined by subtracting the
individual's countable income under section 256I.04, subdivision 1, for a whole calendar
month from the room and board rate for that same month. The housing support payment is
determined by multiplying the housing support rate times the period of time the individual
was a resident or temporarily absent under section 256I.05, subdivision 2a.

(b) For an individual with earned income under paragraph (a), prospective budgeting
new text begin under section 256P.09 new text endmust be used deleted text beginto determine the amount of the individual's payment
for the following six-month period. An increase in income shall not affect an individual's
eligibility or payment amount until the month following the reporting month. A decrease
in income shall be effective the first day of the month after the month in which the decrease
is reported
deleted text end.

(c) For an individual who receives housing support payments under section 256I.04,
subdivision 1, paragraph (c), the amount of the housing support payment is determined by
multiplying the housing support rate times the period of time the individual was a resident.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2020, section 256I.09, is amended to read:


256I.09 COMMUNITY LIVING INFRASTRUCTURE.

The commissioner shall award grants to agencies through an annual competitive process.
Grants awarded under this section may be used for: (1) outreach to locate and engage people
who are homeless or residing in segregated settings to screen for basic needs and assist with
referral to community living resources; (2) building capacity to provide technical assistance
and consultation on housing and related support service resources for persons with both
disabilities and low income; deleted text beginordeleted text end (3) streamlining the administration and monitoring activities
related to housing support fundsnew text begin; or (4) direct assistance to individuals to access or maintain
housing in community settings
new text end. Agencies may collaborate and submit a joint application
for funding under this section.

Sec. 15.

Minnesota Statutes 2020, section 256J.08, subdivision 71, is amended to read:


Subd. 71.

Prospective budgeting.

"Prospective budgeting" deleted text beginmeans a method of
determining the amount of the assistance payment in which the budget month and payment
month are the same
deleted text endnew text begin has the meaning given in section 256P.01, subdivision 9new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 16.

Minnesota Statutes 2020, section 256J.08, subdivision 79, is amended to read:


Subd. 79.

Recurring income.

"Recurring income" means a form of income which is:

(1) received periodically, and may be received irregularly when receipt can be anticipated
even though the date of receipt cannot be predicted; and

(2) from the same source or of the same type that is received and budgeted in a
prospective month deleted text beginand is received in one or both of the first two retrospective monthsdeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 17.

Minnesota Statutes 2021 Supplement, section 256J.21, subdivision 3, is amended
to read:


Subd. 3.

Initial income test.

new text begin(a) new text endThe agency shall determine initial eligibility by
considering all earned and unearned income as defined in section 256P.06. To be eligible
for MFIP, the assistance unit's countable income minus the earned income disregards in
paragraph (a) and section 256P.03 must be below the family wage level according to section
256J.24, subdivision 7, for that size assistance unit.

deleted text begin (a)deleted text endnew text begin (b)new text end The initial eligibility determination must disregard the following items:

(1) the earned income disregard as determined in section 256P.03;

(2) dependent care costs must be deducted from gross earned income for the actual
amount paid for dependent care up to a maximum of $200 per month for each child less
than two years of age, and $175 per month for each child two years of age and older;

(3) all payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household shall be disregarded from the income
of the person with the legal obligation to pay support; and

(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver according to section 256J.36.

deleted text begin (b) After initial eligibility is established,deleted text endnew text begin (c) The income test is for a six-month period.new text end
The assistance payment calculation is based on deleted text beginthe monthly income testdeleted text endnew text begin prospective budgeting
according to section 256P.09
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 18.

Minnesota Statutes 2020, section 256J.21, subdivision 4, is amended to read:


Subd. 4.

deleted text beginMonthlydeleted text end Income test and determination of assistance payment.

deleted text beginThe county
agency shall determine ongoing eligibility and the assistance payment amount according
to the monthly income test.
deleted text end To be eligible for MFIP, the result of the computations in
paragraphs (a) to (e) new text beginapplied to prospective budgeting new text endmust be at least $1.

(a) Apply an income disregard as defined in section 256P.03, to gross earnings and
subtract this amount from the family wage level. If the difference is equal to or greater than
the MFIP transitional standard, the assistance payment is equal to the MFIP transitional
standard. If the difference is less than the MFIP transitional standard, the assistance payment
is equal to the difference. The earned income disregard in this paragraph must be deducted
every month there is earned income.

(b) All payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household must be disregarded from the income
of the person with the legal obligation to pay support.

(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver must be made according to section 256J.36.

(d) Subtract unearned income dollar for dollar from the MFIP transitional standard to
determine the assistance payment amount.

(e) When income is both earned and unearned, the amount of the assistance payment
must be determined by first treating gross earned income as specified in paragraph (a). After
determining the amount of the assistance payment under paragraph (a), unearned income
must be subtracted from that amount dollar for dollar to determine the assistance payment
amount.

deleted text begin (f) When the monthly income is greater than the MFIP transitional standard after
deductions and the income will only exceed the standard for one month, the county agency
must suspend the assistance payment for the payment month.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 19.

Minnesota Statutes 2021 Supplement, section 256J.33, subdivision 1, is amended
to read:


Subdivision 1.

Determination of eligibility.

(a) A county agency must determine MFIP
eligibility prospectively deleted text beginfor a payment monthdeleted text end based on deleted text beginretrospectivelydeleted text end assessing income
and the county agency's best estimate of the circumstances that will exist in the payment
month.

(b) deleted text beginExcept as described in section 256J.34, subdivision 1, when prospective eligibility
exists,
deleted text end A county agency must calculate the amount of the assistance payment using
deleted text begin retrospectivedeleted text endnew text begin prospectivenew text end budgeting. To determine MFIP eligibility and the assistance
payment amount, a county agency must apply countable income, described in sections
256P.06 and 256J.37, subdivisions 3 to deleted text begin10deleted text endnew text begin 9new text end, received by members of an assistance unit or
by other persons whose income is counted for the assistance unit, described under sections
256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1.

(c) This income must be applied to the MFIP standard of need or family wage level
subject to this section and sections 256J.34 to 256J.36. Countable income as described in
section 256P.06, subdivision 3, received deleted text beginin a calendar monthdeleted text end must be applied to the needs
of an assistance unit.

new text begin (d) An assistance unit is not eligible when the countable income equals or exceeds the
MFIP standard of need or the family wage level for the assistance unit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024, except that the amendment
to paragraph (b) striking "10" and inserting "9" is effective July 1, 2023.
new text end

Sec. 20.

Minnesota Statutes 2020, section 256J.33, subdivision 2, is amended to read:


Subd. 2.

Prospective eligibility.

An agency must determine whether the eligibility
requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15
and 256P.02, will be met prospectively for the payment deleted text beginmonthdeleted text endnew text begin periodnew text end. deleted text beginExcept for the
provisions in section 256J.34, subdivision 1,
deleted text end The income test will be applied deleted text beginretrospectivelydeleted text endnew text begin
prospectively
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 21.

Minnesota Statutes 2020, section 256J.37, subdivision 3, is amended to read:


Subd. 3.

Earned income of wage, salary, and contractual employees.

The agency
must include gross earned income less any disregards in the initial deleted text beginand monthlydeleted text end income
test. Gross earned income received by persons employed on a contractual basis must be
prorated over the period covered by the contract even when payments are received over a
lesser period of time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 22.

Minnesota Statutes 2020, section 256J.37, subdivision 3a, is amended to read:


Subd. 3a.

Rental subsidies; unearned income.

(a) Effective July 1, 2003, the agency
shall count $50 of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income to the cash
portion of the MFIP grant. The full amount of the subsidy must be counted as unearned
income when the subsidy is less than $50. The income from this subsidy shall be budgeted
according to section deleted text begin256J.34deleted text endnew text begin 256P.09new text end.

(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which
includes a participant who is:

(1) age 60 or older;

(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected to
continue for more than 30 days and severely limits the person's ability to obtain or maintain
suitable employment; or

(3) a caregiver whose presence in the home is required due to the illness or incapacity
of another member in the assistance unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to continue for more
than 30 days.

(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where
the parental caregiver is an SSI participant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 23.

Minnesota Statutes 2020, section 256J.95, subdivision 19, is amended to read:


Subd. 19.

DWP overpayments and underpayments.

DWP benefits are subject to
overpayments and underpayments. Anytime an overpayment or an underpayment is
determined for DWP, the correction shall be calculated using prospective budgeting.
Corrections shall be determined based on the policy in section deleted text begin256J.34, subdivision 1,
paragraphs (a), (b), and (c)
deleted text endnew text begin 256P.09, subdivisions 1 to 4new text end. ATM errors must be recovered as
specified in section 256P.08, subdivision 7. Cross program recoupment of overpayments
cannot be assigned to or from DWP.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 24.

Minnesota Statutes 2020, section 256K.45, subdivision 3, is amended to read:


Subd. 3.

Street and community outreach and drop-in program.

Youth drop-in centers
must provide walk-in access to crisis intervention and ongoing supportive services including
one-to-one case management services on a self-referral basis. Street and community outreach
programs must locate, contact, and provide information, referrals, and services to homeless
youth, youth at risk of homelessness, and runaways. Information, referrals, and services
provided may include, but are not limited to:

(1) family reunification services;

(2) conflict resolution or mediation counseling;

(3) assistance in obtaining temporary emergency shelter;

(4) assistance in obtaining food, clothing, medical care, or mental health counseling;

(5) counseling regarding violence, sexual exploitation, substance abuse, sexually
transmitted diseases, and pregnancy;

(6) referrals to other agencies that provide support services to homeless youth, youth at
risk of homelessness, and runaways;

(7) assistance with education, employment, and independent living skills;

(8) aftercare services;

(9) specialized services for highly vulnerable runaways and homeless youth, including
deleted text begin teendeleted text end new text beginbut not limited to youth at risk of discrimination based on sexual orientation or gender
identity, young
new text endparents, emotionally disturbed and mentally ill youth, and sexually exploited
youth; and

(10) homelessness prevention.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 25.

Minnesota Statutes 2020, section 256P.01, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Prospective budgeting. new text end

new text begin "Prospective budgeting" means estimating the amount
of monthly income that an assistance unit will have in the payment month.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 26.

Minnesota Statutes 2021 Supplement, section 256P.04, subdivision 4, is amended
to read:


Subd. 4.

Factors to be verified.

(a) The agency shall verify the following at application:

(1) identity of adults;

(2) age, if necessary to determine eligibility;

(3) immigration status;

(4) income;

(5) spousal support and child support payments made to persons outside the household;

(6) vehicles;

(7) checking and savings accounts, including but not limited to any business accounts
used to pay expenses not related to the business;

(8) inconsistent information, if related to eligibility;

(9) residence;new text begin and
new text end

(10) Social Security numberdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2), item
(ix), for the intended purpose for which it was given and received.
deleted text end

(b) Applicants who are qualified noncitizens and victims of domestic violence as defined
under section 256J.08, subdivision 73, clauses (8) and (9), are not required to verify the
information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member of the
assistance unit cooperates with the procedures for verification of Social Security numbers,
issuance of duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 27.

Minnesota Statutes 2021 Supplement, section 256P.04, subdivision 8, is amended
to read:


Subd. 8.

Recertification.

The agency shall recertify eligibility annually. During
recertificationnew text begin and reporting under section 256P.10new text end, the agency shall verify the following:

(1) income, unless excluded, including self-employment earnings;

(2) assets when the value is within $200 of the asset limit; and

(3) inconsistent information, if related to eligibility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 28.

Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended
to read:


Subd. 3.

Income inclusions.

The following must be included in determining the income
of an assistance unit:

(1) earned income; and

(2) unearned income, which includes:

(i) interest and dividends from investments and savings;

(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;

(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;

(iv) income from trusts, excluding special needs and supplemental needs trusts;

(v) interest income from loans made by the participant or household;

(vi) cash prizes and winnings;

(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:

(A) 18 years of age and enrolled in a secondary school; or

(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;

(viii) new text beginfor the purposes of programs under chapters 256D and 256I, new text endretirement, survivors,
and disability insurance payments;

deleted text begin (ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;
deleted text end

deleted text begin (x)deleted text endnew text begin (ix)new text end retirement benefits;

deleted text begin (xi)deleted text endnew text begin (x)new text end cash assistance benefits, as defined by each program in chapters 119B, 256D,
256I, and 256J;

deleted text begin (xii)deleted text endnew text begin (xi)new text end Tribal per capita payments unless excluded by federal and state law;

deleted text begin (xiii)deleted text endnew text begin (xii)new text end income and payments from service and rehabilitation programs that meet or
exceed the state's minimum wage rate;

deleted text begin (xiv)deleted text endnew text begin (xiii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;

deleted text begin (xv)deleted text endnew text begin (xiv) for the purposes of programs under chapters 119B, 256D, and 256I,new text end all child
support payments deleted text beginfor programs under chapters 119B, 256D, and 256Ideleted text end;

deleted text begin (xvi)deleted text endnew text begin (xv) for the purposes of programs under chapter 256J,new text end the amount of child support
received that exceeds $100 for assistance units with one child and $200 for assistance units
with two or more children deleted text beginfor programs under chapter 256Jdeleted text end;

deleted text begin (xvii)deleted text endnew text begin (xvi)new text end spousal support; deleted text beginand
deleted text end

deleted text begin (xviii)deleted text endnew text begin (xvii)new text end workers' compensationdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (xviii) for the purposes of programs under chapters 119B and 256J, the amount of
retirement, survivors, and disability insurance payments that exceeds the applicable monthly
federal maximum Supplemental Security Income payments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, except the amendment
removing nonrecurring income over $60 per quarter is effective July 1, 2023.
new text end

Sec. 29.

Minnesota Statutes 2020, section 256P.07, subdivision 1, is amended to read:


Subdivision 1.

Exempted programs.

Participants who new text beginreceive Supplemental Security
Income and
new text endqualify for Minnesota supplemental aid under chapter 256D deleted text beginanddeleted text endnew text begin ornew text end for housing
support under chapter 256I deleted text beginon the basis of eligibility for Supplemental Security Incomedeleted text end are
exempt from deleted text beginthis sectiondeleted text endnew text begin reporting income under this chapternew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 30.

Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Child care assistance programs. new text end

new text begin Participants who qualify for child care
assistance programs under chapter 119B are exempt from this section except the reporting
requirements in subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 31.

Minnesota Statutes 2020, section 256P.07, subdivision 2, is amended to read:


Subd. 2.

Reporting requirements.

An applicant or participant must provide information
on an application and any subsequent reporting forms about the assistance unit's
circumstances that affect eligibility or benefits. An applicant or assistance unit must report
changes new text beginthat affect eligibility or benefits as new text endidentified in deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 3new text begin, 4, 5,
7, 8, and 9, during the application period or by the tenth of the month following the month
the assistance unit's circumstances changed
new text end. When information is not accurately reported,
both an overpayment and a referral for a fraud investigation may result. When information
or documentation is not provided, the receipt of any benefit may be delayed or denied,
depending on the type of information required and its effect on eligibility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 32.

Minnesota Statutes 2020, section 256P.07, subdivision 3, is amended to read:


Subd. 3.

Changes that must be reported.

deleted text begin An assistance unit must report the changes
or anticipated changes specified in clauses (1) to (12) within ten days of the date they occur,
at the time of recertification of eligibility under section 256P.04, subdivisions 8 and 9, or
within eight calendar days of a reporting period, whichever occurs first. An assistance unit
must report other changes at the time of recertification of eligibility under section 256P.04,
subdivisions 8
and 9, or at the end of a reporting period, as applicable. When an agency
could have reduced or terminated assistance for one or more payment months if a delay in
reporting a change specified under clauses (1) to (12) had not occurred, the agency must
determine whether a timely notice could have been issued on the day that the change
occurred. When a timely notice could have been issued, each month's overpayment
subsequent to that notice must be considered a client error overpayment under section
119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must be reported within
ten days must also be reported for the reporting period in which those changes occurred.
Within ten days, an assistance unit must report:
deleted text end

deleted text begin (1) a change in earned income of $100 per month or greater with the exception of a
program under chapter 119B;
deleted text end

deleted text begin (2) a change in unearned income of $50 per month or greater with the exception of a
program under chapter 119B;
deleted text end

deleted text begin (3) a change in employment status and hours with the exception of a program under
chapter 119B;
deleted text end

deleted text begin (4) a change in address or residence;
deleted text end

deleted text begin (5) a change in household composition with the exception of programs under chapter
256I;
deleted text end

deleted text begin (6) a receipt of a lump-sum payment with the exception of a program under chapter
119B;
deleted text end

deleted text begin (7) an increase in assets if over $9,000 with the exception of programs under chapter
119B;
deleted text end

deleted text begin (8) a change in citizenship or immigration status;
deleted text end

deleted text begin (9) a change in family status with the exception of programs under chapter 256I;
deleted text end

deleted text begin (10) a change in disability status of a unit member, with the exception of programs under
chapter 119B;
deleted text end

deleted text begin (11) a new rent subsidy or a change in rent subsidy with the exception of a program
under chapter 119B; and
deleted text end

deleted text begin (12) a sale, purchase, or transfer of real property with the exception of a program under
chapter 119B.
deleted text end

new text begin (a) An assistance unit must report changes or anticipated changes as described in this
subdivision.
new text end

new text begin (b) An assistance unit must report:
new text end

new text begin (1) a change in eligibility for Supplemental Security Income, Retirement Survivors
Disability Insurance, or another federal income support;
new text end

new text begin (2) a change in address or residence;
new text end

new text begin (3) a change in household composition with the exception of programs under chapter
256I;
new text end

new text begin (4) cash prizes and winnings according to guidance provided for the Supplemental
Nutrition Assistance Program;
new text end

new text begin (5) a change in citizenship or immigration status;
new text end

new text begin (6) a change in family status with the exception of programs under chapter 256I; and
new text end

new text begin (7) a change that makes the value of the unit's assets at or above the asset limit.
new text end

new text begin (c) When an agency could have reduced or terminated assistance for one or more payment
months if a delay in reporting a change specified under paragraph (b) had not occurred, the
agency must determine the first month that the agency could have reduced or terminated
assistance following a timely notice given on the date of the change in income. Each month's
overpayment starting with that month must be considered a client error overpayment under
section 256P.08.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024, except that the amendment
striking clause (6) is effective July 1, 2023.
new text end

Sec. 33.

Minnesota Statutes 2020, section 256P.07, subdivision 4, is amended to read:


Subd. 4.

MFIP-specific reporting.

In addition to subdivision 3, an assistance unit under
chapter 256Jdeleted text begin, within ten days of the change,deleted text end must report:

(1) a pregnancy not resulting in birth when there are no other minor children; deleted text beginand
deleted text end

(2) a change in school attendance of a parent under 20 years of age deleted text beginor of an employed
child.
deleted text endnew text begin; and
new text end

new text begin (3) an individual in the household who is 18 or 19 years of age attending high school
who graduates or drops out of school.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 34.

Minnesota Statutes 2020, section 256P.07, subdivision 6, is amended to read:


Subd. 6.

Child care assistance programs-specific reporting.

(a) deleted text beginIn addition to
subdivision 3,
deleted text end An assistance unit under chapter 119B, within ten days of the change, must
report:

(1) a change in a parentally responsible individual's custody schedule for any child
receiving child care assistance program benefits;

(2) a permanent end in a parentally responsible individual's authorized activity; deleted text beginand
deleted text end

(3) if the unit's family's annual included income exceeds 85 percent of the state median
income, adjusted for family sizedeleted text begin.deleted text endnew text begin;
new text end

new text begin (4) a change in address or residence;
new text end

new text begin (5) a change in household composition;
new text end

new text begin (6) a change in citizenship or immigration status; and
new text end

new text begin (7) a change in family status.
new text end

(b) An assistance unit subject to section 119B.095, subdivision 1, paragraph (b), must
report a change in the unit's authorized activity status.

(c) An assistance unit must notify the county when the unit wants to reduce the number
of authorized hours for children in the unit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 35.

Minnesota Statutes 2020, section 256P.07, subdivision 7, is amended to read:


Subd. 7.

Minnesota supplemental aid-specific reporting.

new text begin(a) new text endIn addition to subdivision
3, an assistance unit participating in the Minnesota supplemental aid program under deleted text beginsection
256D.44, subdivision 5, paragraph (g), within ten days of the change,
deleted text endnew text begin chapter 256D and not
receiving Supplemental Security Income
new text end must report deleted text beginshelter expenses.deleted text endnew text begin:
new text end

new text begin (1) a change in unearned income of $50 per month or greater; and
new text end

new text begin (2) a change in earned income of $100 per month or greater.
new text end

new text begin (b) An assistance unit receiving housing assistance under section 256D.44, subdivision
5, paragraph (g), including assistance units that also receive Supplemental Security Income,
must report:
new text end

new text begin (1) a change in shelter expenses; and
new text end

new text begin (2) a new rent subsidy or a change in rent subsidy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 36.

Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Housing support-specific reporting. new text end

new text begin (a) In addition to subdivision 3, an
assistance unit participating in the housing support program under chapter 256I and not
receiving Supplemental Security Income must report:
new text end

new text begin (1) a change in unearned income of $50 per month or greater; and
new text end

new text begin (2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10.
new text end

new text begin (b) Notwithstanding the exemptions in subdivisions 1 and 3, an assistance unit receiving
housing support under chapter 256I, including an assistance unit that receives Supplemental
Security Income, must report:
new text end

new text begin (1) a new rent subsidy or a change in rent subsidy;
new text end

new text begin (2) a change in the disability status of a unit member; and
new text end

new text begin (3) a change in household composition if the assistance unit is a participant in housing
support under section 256I.04, subdivision 3, paragraph (a), clause (3).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 37.

Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin General assistance-specific reporting. new text end

new text begin In addition to subdivision 3, an
assistance unit participating in the general assistance program under chapter 256D must
report:
new text end

new text begin (1) a change in unearned income of $50 per month or greater;
new text end

new text begin (2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10; and
new text end

new text begin (3) changes in any condition that would result in the loss of basis for eligibility in section
256D.05, subdivision 1, paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 38.

new text begin [256P.09] PROSPECTIVE BUDGETING OF BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Exempted programs. new text end

new text begin Assistance units that qualify for child care
assistance programs under chapter 119B, assistance units that receive housing support under
chapter 256I and are not subject to reporting under section 256P.10, and assistance units
that qualify for Minnesota supplemental aid under chapter 256D are exempt from this
section.
new text end

new text begin Subd. 2. new text end

new text begin Prospective budgeting of benefits. new text end

new text begin An agency subject to this chapter must use
prospective budgeting to calculate the assistance payment amount.
new text end

new text begin Subd. 3. new text end

new text begin Initial income. new text end

new text begin For the purpose of determining an assistance unit's level of
benefits, an agency must take into account the income already received by the assistance
unit during or anticipated to be received during the application period. Income anticipated
to be received only in the initial month of eligibility should only be counted in the initial
month.
new text end

new text begin Subd. 4. new text end

new text begin Income determination. new text end

new text begin An agency must use prospective budgeting to determine
the amount of the assistance unit's benefit for the eligibility period based on the best
information available at the time of approval. An agency shall only count anticipated income
when the participant and the agency are reasonably certain of the amount of the payment
and the month in which the payment will be received. If the exact amount of the income is
not known, the agency shall consider only the amounts that can be anticipated as income.
new text end

new text begin Subd. 5. new text end

new text begin Income changes. new text end

new text begin An increase in income shall not affect an assistance unit's
eligibility or benefit amount until the next review unless otherwise required to be reported
in section 256P.07. A decrease in income shall be effective on the date that the change
occurs if the change is reported by the tenth of the month following the month when the
change occurred. If the assistant unit does not report the change in income by the tenth of
the month following the month when the change occurred, the change in income shall be
effective on the date the change was reported.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024.
new text end

Sec. 39.

new text begin [256P.10] SIX-MONTH REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Exempted programs. new text end

new text begin Assistance units that qualify for child care
assistance programs under chapter 119B, assistance units that qualify for Minnesota
supplemental aid under chapter 256D, and assistance units that qualify for housing support
under chapter 256I and also receive Supplemental Security Income are exempt from this
section.
new text end

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin (a) Every six months, an assistance unit that qualifies for the
Minnesota family investment program under chapter 256J, an assistance unit that qualifies
for general assistance under chapter 256D with an earned income of $100 per month or
greater, or an assistance unit that qualifies for housing support under chapter 256I with an
earned income of $100 per month or greater is subject to six-month reviews. The initial
reporting period may be shorter than six months in order to align with other programs'
reporting periods.
new text end

new text begin (b) An assistance unit that qualifies for the Minnesota family investment program or an
assistance unit that qualifies for general assistance with an earned income of $100 per month
or greater must complete household report forms as required by the commissioner for
redetermination of benefits.
new text end

new text begin (c) An assistance unit that qualifies for housing support with an earned income of $100
per month or greater must complete household report forms as prescribed by the
commissioner to provide information about earned income.
new text end

new text begin (d) An assistance unit that qualifies for housing support and also receives assistance
through the Minnesota family investment program shall be subject to requirements of this
section for purposes of the Minnesota family investment program but not for housing support.
new text end

new text begin (e) An assistance unit covered by this section must submit a household report form in
compliance with the provisions in section 256P.04, subdivision 11.
new text end

new text begin (f) An assistance unit covered by this section may choose to report changes under this
section at any time.
new text end

new text begin Subd. 3. new text end

new text begin When to terminate assistance. new text end

new text begin (a) An agency must terminate benefits when
the assistance unit fails to submit the household report form before the end of the six-month
review period as described in subdivision 2, paragraph (a). If the assistance unit submits
the household report form within 30 days of the termination of benefits and remains eligible,
benefits must be reinstated and made available retroactively for the full benefit month.
new text end

new text begin (b) When an assistance unit is determined to be ineligible for assistance according to
this section and chapter 256D, 256I, or 256J, the commissioner must terminate assistance.
new text end

Sec. 40. new text beginPILOT PROGRAM FOR CHOSEN FAMILY HOSTING TO PREVENT
YOUTH HOMELESSNESS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services must establish a
pilot program for providers seeking to establish or expand services for homeless youth that
formalize situations where a caring adult who a youth considers chosen family allows a
youth to stay at the adult's residence to avoid being homeless.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Chosen family" means any individual, related by blood or affinity, whose close
association fulfills the need of a familial relationship.
new text end

new text begin (c) "Set of participants" means a youth aged 18 to 24 and (1) an adult host who is the
youth's chosen family and with whom the youth is living in an intergenerational hosting
arrangement to avoid being homeless, or (2) a relative with whom the youth is living to
avoid being homeless.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin (a) The commissioner of human services, as authorized by
Minnesota Statutes, section 256.01, subdivision 2, paragraph (a), clause (6), shall contract
with a technical assistance provider to:
new text end

new text begin (1) provide technical assistance to funding recipients;
new text end

new text begin (2) facilitate a monthly learning cohort for funding recipients;
new text end

new text begin (3) evaluate the efficacy and cost-effectiveness of the pilot program; and
new text end

new text begin (4) submit annual updates and a final report to the commissioner.
new text end

new text begin (b) When developing the criteria for awarding funds, the commissioner must include a
requirement that all funding recipients:
new text end

new text begin (1) partner with sets of participants, with a case manager caseload consistent with existing
norms for homeless youth;
new text end

new text begin (2) mediate agreements within each set of participants about shared expectations regarding
the living arrangement;
new text end

new text begin (3) provide monthly stipends to sets of participants to offset the costs created by the
living arrangement;
new text end

new text begin (4) connect sets of participants to community resources;
new text end

new text begin (5) if the adult host is a renter, help facilitate ongoing communication between the
property owner and adult host;
new text end

new text begin (6) offer strategies to address barriers faced by adult hosts who are renters;
new text end

new text begin (7) assist the youth in identifying and strengthening their circle of support, giving focused
attention to adults who can serve as permanent connections and provide ongoing support
throughout the youth's life; and
new text end

new text begin (8) actively participate in monthly cohort meetings.
new text end

new text begin Subd. 4. new text end

new text begin Technical assistance provider. new text end

new text begin The commissioner must select a technical
assistance provider to provide assistance to funding recipients. In order to be selected, the
technical assistance provider must:
new text end

new text begin (1) have in-depth experience with research on and evaluation of youth homelessness
from a holistic perspective that addresses the four core outcomes developed by the United
States Interagency Council on Homelessness to prevent and end youth homelessness;
new text end

new text begin (2) offer education and have previous experience providing technical assistance on
supporting chosen family hosting arrangements to organizations that serve homeless youth;
new text end

new text begin (3) have expertise on how to address barriers faced by chosen family hosts who are
renters; and
new text end

new text begin (4) be located in Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Eligible applicants. new text end

new text begin To be eligible for funding under this section, an applicant
must be a provider serving homeless youth in Minnesota. The money must be awarded to
funding recipients beginning no later than March 31, 2023.
new text end

new text begin Subd. 6. new text end

new text begin Applications. new text end

new text begin Providers seeking funding under this section shall apply to the
commissioner. The applicant must include a description of the project that the applicant is
proposing, the amount of money that the applicant is seeking, and a proposed budget
describing how the applicant will spend the money.
new text end

new text begin Subd. 7. new text end

new text begin Reporting. new text end

new text begin The technical assistance provider must submit annual updates and
a final report to the commissioner in a manner specified by the commissioner on the technical
assistance provider's findings regarding the efficacy and cost-effectiveness of the pilot
program.
new text end

Sec. 41. new text beginDIRECTION TO COMMISSIONER; INCOME AND ASSET EXCLUSION
FOR LOCAL GUARANTEED INCOME DEMONSTRATION PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of human services unless specified
otherwise.
new text end

new text begin (c) "Guaranteed income demonstration project" means a local demonstration project to
evaluate how unconditional cash payments have a causal effect on income volatility, financial
well-being, and early childhood development in infants and toddlers.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner; income and asset exclusion. new text end

new text begin (a) During the duration of the
guaranteed income demonstration project, the commissioner shall not count payments made
to families by the guaranteed income demonstration project as income or assets for purposes
of determining or redetermining eligibility for the following programs:
new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B; and
new text end

new text begin (2) the Minnesota family investment program, work benefit program, or diversionary
work program under Minnesota Statutes, chapter 256J.
new text end

new text begin (b) During the duration of the guaranteed income demonstration project, the commissioner
shall not count payments made to families by the guaranteed income demonstration project
as income or assets for purposes of determining or redetermining eligibility for the following
programs:
new text end

new text begin (1) medical assistance under Minnesota Statutes, chapter 256B; and
new text end

new text begin (2) MinnesotaCare under Minnesota Statutes, chapter 256L.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, except for subdivision 2,
paragraph (b), which is effective July 1, 2022, or upon federal approval, whichever is later.
new text end

Sec. 42. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 256J.08, subdivisions 10, 61, 62, 81, and 83;
256J.30, subdivisions 5 and 7; 256J.33, subdivisions 3 and 5; 256J.34, subdivisions 1, 2, 3,
and 4; and 256J.37, subdivision 10,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2021 Supplement, sections 256J.08, subdivision 53; 256J.30,
subdivision 8; and 256J.33, subdivision 4,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2024, except the repeal of
Minnesota Statutes 2020, sections 256J.08, subdivision 62, and 256J.37, subdivision 10,
and Minnesota Statutes 2021 Supplement, section 256J.08, subdivision 53, is effective July
1, 2023.
new text end

ARTICLE 10

DIRECT CARE AND TREATMENT POLICY

Section 1.

Minnesota Statutes 2020, section 253B.18, subdivision 6, is amended to read:


Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the commissioner, after a hearing and favorable recommendation
by a majority of the special review board, that the transfer is appropriate. Transfer may be
to another state-operated treatment program. In those instances where a commitment also
exists to the Department of Corrections, transfer may be to a facility designated by the
commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

new text begin (c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility for a period of up to 60 days with the consent of the head of the treatment facility.
new text end

new text begin (d) If the committed person is not returned to the original, nonsecure transfer facility
within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and
the committed person shall remain in a secure treatment facility. The committed person
shall immediately be notified in writing of the revocation.
new text end

new text begin (e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the commissioner
whether or not the revocation shall be upheld. The special review board may also recommend
a new transfer at the time of the revocation hearing.
new text end

new text begin (f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.
new text end

new text begin (g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:
new text end

new text begin (1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or
new text end

new text begin (2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.
new text end

new text begin (h) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
shall be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.
new text end

new text begin (i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person, the committed person's counsel, and the
designated agency. The report shall outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.
new text end

new text begin (j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.
new text end

new text begin (k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter shall be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the commissioner whether or not the revocation
shall be upheld. The special review board may also recommend a new transfer out of a
secure facility at the time of the revocation hearing.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 256.01, subdivision 42, is amended
to read:


Subd. 42.

Expiration of report mandates.

(a) If the submission of a report by the
commissioner of human services to the legislature is mandated by statute and the enabling
legislation does not include a date for the submission of a final reportnew text begin or an expiration datenew text end,
the mandate to submit the report shall expire in accordance with this section.

(b) If the mandate requires the submission of an annual new text beginor more frequent new text endreport and the
mandate was enacted before January 1, 2021, the mandate shall expire on January 1, 2023.
If the mandate requires the submission of a biennial or less frequent report and the mandate
was enacted before January 1, 2021, the mandate shall expire on January 1, 2024.

(c) Any reporting mandate enacted on or after January 1, 2021, shall expire three years
after the date of enactment if the mandate requires the submission of an annualnew text begin or more
frequent
new text end report and shall expire five years after the date of enactment if the mandate requires
the submission of a biennial or less frequent report unless the enacting legislation provides
for a different expiration date.

(d)new text begin By January 15 of each year,new text end the commissioner shall submit a list deleted text beginto the chairs and
ranking minority members of the legislative committees with jurisdiction over human
services by February 15 of each year, beginning February 15, 2022,
deleted text end of all reports set to
expire during the following calendar year deleted text beginin accordance with this sectiondeleted text endnew text begin to the chairs and
ranking minority members of the legislative committees with jurisdiction over human
services. Notwithstanding paragraph (c), this paragraph does not expire
new text end.

Sec. 3.

Laws 2009, chapter 79, article 13, section 3, subdivision 10, as amended by Laws
2009, chapter 173, article 2, section 1, is amended to read:


Subd. 10.

State-Operated Services

The amounts that may be spent from the
appropriation for each purpose are as follows:

Transfer Authority Related to
State-Operated Services.
Money
appropriated to finance state-operated services
may be transferred between the fiscal years of
the biennium with the approval of the
commissioner of finance.

County Past Due Receivables. The
commissioner is authorized to withhold county
federal administrative reimbursement when
the county of financial responsibility for
cost-of-care payments due the state under
Minnesota Statutes, section 246.54 or
253B.045, is 90 days past due. The
commissioner shall deposit the withheld
federal administrative earnings for the county
into the general fund to settle the claims with
the county of financial responsibility. The
process for withholding funds is governed by
Minnesota Statutes, section 256.017.

Forecast and Census Data. The
commissioner shall include census data and
fiscal projections for state-operated services
and Minnesota sex offender services with the
deleted text begin November anddeleted text end February budget deleted text beginforecasts.
Notwithstanding any contrary provision in this
article, this paragraph shall not expire
deleted text endnew text begin forecastnew text end.

(a) Adult Mental Health Services
106,702,000
107,201,000

Appropriation Limitation. No part of the
appropriation in this article to the
commissioner for mental health treatment
services provided by state-operated services
shall be used for the Minnesota sex offender
program.

Community Behavioral Health Hospitals.
Under Minnesota Statutes, section 246.51,
subdivision 1, a determination order for the
clients served in a community behavioral
health hospital operated by the commissioner
of human services is only required when a
client's third-party coverage has been
exhausted.

Base Adjustment. The general fund base is
decreased by $500,000 for fiscal year 2012
and by $500,000 for fiscal year 2013.

(b) Minnesota Sex Offender Services
Appropriations by Fund
General
38,348,000
67,503,000
Federal Fund
26,495,000
0

Use of Federal Stabilization Funds. Of this
appropriation, $26,495,000 in fiscal year 2010
is from the fiscal stabilization account in the
federal fund to the commissioner. This
appropriation must not be used for any activity
or service for which federal reimbursement is
claimed. This is a onetime appropriation.

(c) Minnesota Security Hospital and METO
Services
Appropriations by Fund
General
230,000
83,735,000
Federal Fund
83,505,000
0

Minnesota Security Hospital. For the
purposes of enhancing the safety of the public,
improving supervision, and enhancing
community-based mental health treatment,
state-operated services may establish
additional community capacity for providing
treatment and supervision of clients who have
been ordered into a less restrictive alternative
of care from the state-operated services
transitional services program consistent with
Minnesota Statutes, section 246.014.

Use of Federal Stabilization Funds.
$83,505,000 in fiscal year 2010 is appropriated
from the fiscal stabilization account in the
federal fund to the commissioner. This
appropriation must not be used for any activity
or service for which federal reimbursement is
claimed. This is a onetime appropriation.

Sec. 4. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 246.0136; 252.025, subdivision 7; and 252.035, new text end new text begin are
repealed.
new text end

ARTICLE 11

PREVENTING HOMELESSNESS

Section 1.

Minnesota Statutes 2020, section 145.4716, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Funding. new text end

new text begin The commissioner must prioritize providing trauma-informed,
culturally inclusive services for sexually exploited youth or youth at risk of sexual
exploitation under this section.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256E.33, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Transitional housing" means housing designed for independent living and provided
to a homeless person or family at a rental rate of at least 25 percent of the family income
for a period of up to deleted text begin24deleted text endnew text begin 36new text end months. If a transitional housing program is associated with a
licensed facility or shelter, it must be located in a separate facility or a specified section of
the main facility where residents can be responsible for their own meals and other daily
needs.

(c) "Support services" means an assessment service that identifies the needs of individuals
for independent living and arranges or provides for the appropriate educational, social, legal,
advocacy, child care, employment, financial, health care, or information and referral services
to meet these needs.

Sec. 3.

Minnesota Statutes 2020, section 256E.33, subdivision 2, is amended to read:


Subd. 2.

Establishment and administration.

A transitional housing program is
established to be administered by the commissioner. The commissioner may make grants
to eligible recipients or enter into agreements with community action agencies or other
public or private nonprofit agencies to make grants to eligible recipients to initiate, maintain,
or expand programs to provide transitional housing and support services for persons in need
of transitional housing, which may include up to six months of follow-up support services
for persons who complete transitional housing as they stabilize in permanent housing. The
commissioner must ensure that money appropriated to implement this section is distributed
as soon as practicable. The commissioner may make grants directly to eligible recipients.
The commissioner may new text beginextend new text enduse deleted text beginup to ten percent of the appropriation available fordeleted text endnew text begin ofnew text end
this program for persons needing assistance longer than deleted text begin24deleted text endnew text begin 36new text end months.

Sec. 4.

Minnesota Statutes 2020, section 256I.03, subdivision 7, is amended to read:


Subd. 7.

Countable income.

"Countable income" means all income received by an
applicant or recipient as described under section 256P.06, less any applicable exclusions or
disregards. For a recipient of any cash benefit from the SSI programnew text begin who does not live in
a setting as described in section 256I.04, subdivision 2a, paragraph (b), clause (2)
new text end, countable
income means the SSI benefit limit in effect at the time the person is a recipient of housing
support, less the medical assistance personal needs allowance under section 256B.35. deleted text beginIf the
SSI limit or benefit is reduced for a person due to events other than receipt of additional
income, countable income means actual income less any applicable exclusions and disregards.
deleted text endnew text begin
If there is a reduction in a housing support recipient's benefit due to circumstances other
than receipt of additional income, applicable exclusions and disregards apply when
determining countable income. For a recipient of any cash benefit from the RSDI program,
SSI program, or veterans' programs who lives in a setting as described in section 256I.04,
subdivision 2a, paragraph (b), clause (2), countable income means 30 percent of the
recipient's total benefit amount from these programs, after applicable exclusions or disregards,
at the time the person is a recipient of housing support. For these recipients, the medical
assistance personal needs allowance, as described in section 256I.04, subdivision 1, paragraph
(a), clause (2), does not apply.
new text end

Sec. 5.

Minnesota Statutes 2020, section 256K.45, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Awarding of grants. new text end

new text begin (a) Grants shall be awarded under this section only after
a review of the grant recipient's application materials, including past performance and
utilization of grant money. The commissioner shall not reduce an existing grant award
amount unless the commissioner first determines that the grant recipient has failed to meet
performance measures or has used grant money improperly.
new text end

new text begin (b) For grants awarded pursuant to a two-year grant contract, the commissioner shall
permit grant recipients to carry over any unexpended amount from the first contract year
to the second contract year.
new text end

Sec. 6.

Laws 2021, First Special Session chapter 8, article 6, section 1, subdivision 7, is
amended to read:


Subd. 7.

Report.

(a) No later than February 1, 2022, the task force shall submit an initial
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.

(b) No later than deleted text beginAugust 31, 2022deleted text endnew text begin December 15, 2022new text end, the task force shall submit a final
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.

Sec. 7. new text beginPREGNANT AND PARENTING HOMELESS YOUTH STUDY.
new text end

new text begin (a) The commissioner of human services must conduct a study of the prevalence of
pregnancy and parenting among homeless youth and youth who are at risk of homelessness.
new text end

new text begin (b) The commissioner shall submit a final report by December 31, 2023, to the chairs
and ranking minority members of the legislative committees with jurisdiction over human
services finance and policy.
new text end

Sec. 8. new text beginSEXUAL EXPLOITATION AND TRAFFICKING STUDY.
new text end

new text begin (a) The commissioner of health must conduct a prevalence study on youth and adult
victim survivors of sexual exploitation and trafficking.
new text end

new text begin (b) The commissioner shall submit a final report by June 30, 2024, to the chairs and
ranking minority members of the legislative committees with jurisdiction over human
services finance and policy.
new text end

Sec. 9. new text beginEMERGENCY SHELTER FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

new text begin (c) "Eligible applicant" means a statutory or home rule charter city, county, Tribal
government, not-for-profit corporation under section 501(c)(3) of the Internal Revenue
Code, or housing and redevelopment authority established under Minnesota Statutes, section
469.003.
new text end

new text begin (d) "Emergency shelter facility" or "facility" means a facility that provides a safe, sanitary,
accessible, and suitable emergency shelter for individuals and families experiencing
homelessness, regardless of whether the facility provides emergency shelter during the day,
overnight, or both.
new text end

new text begin Subd. 2. new text end

new text begin Project criteria. new text end

new text begin (a) The commissioner shall prioritize grants under this section
for projects that improve or expand emergency shelter facility options by:
new text end

new text begin (1) adding additional emergency shelter facilities by renovating existing facilities not
currently operating as emergency shelter facilities;
new text end

new text begin (2) adding additional emergency shelter facility beds by renovating existing emergency
shelter facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety systems and
components in danger of failure;
new text end

new text begin (3) adding additional emergency shelter facility beds through acquisition and construction
of new emergency shelter facilities; and
new text end

new text begin (4) improving the safety, sanitation, accessibility, and habitability of existing emergency
shelter facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety systems and
components in danger of failure.
new text end

new text begin (b) A grant under this section may be used to pay for 100 percent of total project capital
expenditures, or a specified project phase, up to $10,000,000 per project.
new text end

new text begin (c) All projects funded with a grant under this section must meet all applicable state and
local building codes at the time of project completion.
new text end

new text begin (d) The commissioner must use a competitive request for proposal process to identify
potential projects and eligible applicants on a statewide basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

ARTICLE 12

DHS LICENSING AND OPERATIONS POLICY

Section 1.

Minnesota Statutes 2020, section 245A.07, subdivision 2a, is amended to read:


Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days of
receipt of the license holder's timely appeal, the commissioner shall request assignment of
an administrative law judge. The request must include a proposed date, time, and place of
a hearing. A hearing must be conducted by an administrative law judge within 30 calendar
days of the request for assignment, unless an extension is requested by either party and
granted by the administrative law judge for good cause. The commissioner shall issue a
notice of hearing by certified mail or personal service at least ten working days before the
hearing. The scope of the hearing shall be limited solely to the issue of whether the temporary
immediate suspension should remain in effect pending the commissioner's final order under
section 245A.08, regarding a licensing sanction issued under subdivision 3 following the
immediate suspension. For suspensions under subdivision 2, paragraph (a), clause (1), the
burden of proof in expedited hearings under this subdivision shall be limited to the
commissioner's demonstration that reasonable cause exists to believe that the license holder's
actions or failure to comply with applicable law or rule poses, or the actions of other
individuals or conditions in the program poses an imminent risk of harm to the health, safety,
or rights of persons served by the program. "Reasonable cause" means there exist specific
articulable facts or circumstances which provide the commissioner with a reasonable
suspicion that there is an imminent risk of harm to the health, safety, or rights of persons
served by the program. When the commissioner has determined there is reasonable cause
to order the temporary immediate suspension of a license based on a violation of safe sleep
requirements, as defined in section 245A.1435, the commissioner is not required to
demonstrate that an infant died or was injured as a result of the safe sleep violations. For
suspensions under subdivision 2, paragraph (a), clause (2), the burden of proof in expedited
hearings under this subdivision shall be limited to the commissioner's demonstration by a
preponderance of the evidence that, since the license was revoked, the license holder
committed additional violations of law or rule which may adversely affect the health or
safety of persons served by the program.

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The record
shall close at the end of the ten-day period for submission of exceptions. The commissioner's
final order shall be issued within ten working days from the close of the record. When an
appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner
shall issue a final order affirming the temporary immediate suspension within ten calendar
days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days
after new text beginan immediate suspension has been issued and the license holder has not submitted a
timely appeal under subdivision 2, paragraph (b), or within 90 calendar days after
new text enda final
order affirming an immediate suspension, the commissioner shall deleted text beginmake a determination
regarding
deleted text endnew text begin determine:
new text end

new text begin (1)new text end whether a final licensing sanction shall be issued under subdivision 3new text begin, paragraph (a),
clauses (1) to (5)
new text end. The license holder shall continue to be prohibited from operation of the
program during this 90-day perioddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) whether the outcome of related, ongoing investigations or judicial proceedings are
necessary to determine if a final licensing sanction under subdivision 3, paragraph (a),
clauses (1) to (5), will be issued, and persons served by the program remain at an imminent
risk of harm during the investigation period or proceedings. If so, the commissioner shall
issue a suspension in accordance with subdivision 3.
new text end

(c) When the final order under paragraph (b) affirms an immediate suspensionnew text begin or the
license holder does not submit a timely appeal of the immediate suspension
new text end, and a final
licensing sanction is issued under subdivision 3 and the license holder appeals that sanction,
the license holder continues to be prohibited from operation of the program pending a final
commissioner's order under section 245A.08, subdivision 5, regarding the final licensing
sanction.

new text begin (d) The license holder shall continue to be prohibited from operation of the program
while a suspension order issued under paragraph (b), clause (2), remains in effect.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end For suspensions under subdivision 2, paragraph (a), clause (3), the burden of
proof in expedited hearings under this subdivision shall be limited to the commissioner's
demonstration by a preponderance of the evidence that a criminal complaint and warrant
or summons was issued for the license holder that was not dismissed, and that the criminal
charge is an offense that involves fraud or theft against a program administered by the
commissioner.

Sec. 2.

Minnesota Statutes 2020, section 245A.07, subdivision 3, is amended to read:


Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may suspend
or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;

(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;

(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; deleted text beginor
deleted text end

(5) revocation is required under section 245A.04, subdivision 7, paragraph (d)deleted text begin.deleted text endnew text begin; or
new text end

new text begin (6) suspension is necessary under subdivision 2a, paragraph (b), clause (2).
new text end

A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail or
personal service. If mailed, the notice must be mailed to the address shown on the application
or the last known address of the license holder. The notice must state in plain language the
reasons the license was suspended or revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and
(g), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.

(2) The license holder shall 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. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows:

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);

(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;

(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;

(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1
, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.

(5) 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 will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.

Sec. 3.

Minnesota Statutes 2020, section 245F.15, subdivision 1, is amended to read:


Subdivision 1.

Qualifications for all staff who have direct patient contact.

deleted text begin(a)deleted text end All
staff who have direct patient contact must be at least 18 years of age deleted text beginand must, at the time
of hiring, document that they meet the requirements in paragraph (b), (c), or (d)
deleted text end.

deleted text begin (b) Program directors, supervisors, nurses, and alcohol and drug counselors must be free
of substance use problems for at least two years immediately preceding their hiring and
must sign a statement attesting to that fact.
deleted text end

deleted text begin (c) Recovery peers must be free of substance use problems for at least one year
immediately preceding their hiring and must sign a statement attesting to that fact.
deleted text end

deleted text begin (d) Technicians and other support staff must be free of substance use problems for at
least six months immediately preceding their hiring and must sign a statement attesting to
that fact.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2020, section 245F.16, subdivision 1, is amended to read:


Subdivision 1.

Policy requirements.

A license holder must have written personnel
policies and must make them available to staff members at all times. The personnel policies
must:

(1) ensure that a staff member's retention, promotion, job assignment, or pay are not
affected by a good-faith communication between the staff member and the Department of
Human Services, Department of Health, Ombudsman for Mental Health and Developmental
Disabilities, law enforcement, or local agencies that investigate complaints regarding patient
rights, health, or safety;

(2) include a job description for each position that specifies job responsibilities, degree
of authority to execute job responsibilities, standards of job performance related to specified
job responsibilities, and qualifications;

(3) provide for written job performance evaluations for staff members of the license
holder at least annually;

(4) describe deleted text beginbehavior that constitutes groundsdeleted text endnew text begin the processnew text end for disciplinary action,
suspension, or dismissaldeleted text begin, including policies that address substance use problems and meet
the requirements of section 245F.15, subdivisions 1 and 2. The policies and procedures
must list behaviors or incidents that are considered substance use problems. The list must
include:
deleted text endnew text begin of a staff person for violating the drug and alcohol policy described in section
245A.04, subdivision 1, paragraph (c);
new text end

deleted text begin (i) receiving treatment for substance use disorder within the period specified for the
position in the staff qualification requirements;
deleted text end

deleted text begin (ii) substance use that has a negative impact on the staff member's job performance;
deleted text end

deleted text begin (iii) substance use that affects the credibility of treatment services with patients, referral
sources, or other members of the community; and
deleted text end

deleted text begin (iv) symptoms of intoxication or withdrawal on the job;
deleted text end

(5) include policies prohibiting personal involvement with patients and policies
prohibiting patient maltreatment as specified under sections 245A.65, 626.557, and 626.5572
and chapters 260E and 604;

(6) include a chart or description of organizational structure indicating the lines of
authority and responsibilities;

(7) include a written plan for new staff member orientation that, at a minimum, includes
training related to the specific job functions for which the staff member was hired, program
policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs
(b) to (e); and

(8) include a policy on the confidentiality of patient information.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2020, section 245G.01, subdivision 4, is amended to read:


Subd. 4.

Alcohol and drug counselor.

"Alcohol and drug counselor" deleted text beginhas the meaning
given in section 148F.01, subdivision 5
deleted text endnew text begin means a person who is qualified according to section
245G.11, subdivision 5
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.

Minnesota Statutes 2020, section 245G.01, subdivision 17, is amended to read:


Subd. 17.

Licensed professional in private practice.

new text begin(a) new text end"Licensed professional in
private practice" means an individual who:

(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but
is otherwise licensed to provide alcohol and drug counseling services;

(2) practices solely within the permissible scope of the individual's license as defined
in the law authorizing licensure; and

(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol
and drug counseling services. deleted text beginAffiliation does not include conferring with another
professional or making a client referral.
deleted text end

new text begin (b) For purposes of this subdivision, affiliate includes but is not limited to:
new text end

new text begin (1) using the same electronic record system as another professional, except when the
system prohibits each professional from accessing the records of another professional;
new text end

new text begin (2) advertising the services of more than one professional together;
new text end

new text begin (3) accepting client referrals made to a group of professionals;
new text end

new text begin (4) providing services to another professional's clients when that professional is absent;
or
new text end

new text begin (5) appearing in any way to be a group practice or program.
new text end

new text begin (c) For purposes of this subdivision, affiliate does not include:
new text end

new text begin (1) conferring with another professional;
new text end

new text begin (2) making a client referral to another professional;
new text end

new text begin (3) contracting with the same agency as another professional for billing services;
new text end

new text begin (4) using the same waiting area for clients in an office as another professional; or
new text end

new text begin (5) using the same receptionist as another professional if the receptionist supports each
professional independently.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Documentation of treatment services. new text end

new text begin The license holder must ensure that
the staff member who provides the treatment service documents in the client record the
date, type, and amount of each treatment service provided to a client and the client's response
to each treatment service within seven days of providing the treatment service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:


new text begin Subd. 2b. new text end

new text begin Client record documentation requirements. new text end

new text begin (a) The license holder must
document in the client record any significant event that occurs at the program on the day
the event occurs. A significant event is an event that impacts the client's relationship with
other clients, staff, or the client's family, or the client's treatment plan.
new text end

new text begin (b) A residential treatment program must document in the client record the following
items on the day that each occurs:
new text end

new text begin (1) medical and other appointments the client attended;
new text end

new text begin (2) concerns related to medications that are not documented in the medication
administration record; and
new text end

new text begin (3) concerns related to attendance for treatment services, including the reason for any
client absence from a treatment service.
new text end

new text begin (c) Each entry in a client's record must be accurate, legible, signed, dated, and include
the job title or position of the staff person that made the entry. A late entry must be clearly
labeled "late entry." A correction to an entry must be made in a way in which the original
entry can still be read.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 9.

Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:


Subd. 3.

deleted text beginDocumentation of treatment services;deleted text end Treatment plan review.

deleted text begin (a) A review
of all treatment services must be documented weekly and include a review of:
deleted text end

deleted text begin (1) care coordination activities;
deleted text end

deleted text begin (2) medical and other appointments the client attended;
deleted text end

deleted text begin (3) issues related to medications that are not documented in the medication administration
record; and
deleted text end

deleted text begin (4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.
deleted text end

deleted text begin (b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.
deleted text end

deleted text begin (c)deleted text end A treatment plan review must be entered in a client's file weekly or after each treatment
service, whichever is less frequent, by the deleted text beginstaff member providing the servicedeleted text endnew text begin alcohol and
drug counselor responsible for the client's treatment plan
new text end. The review must indicate the span
of time covered by the review and each of the six dimensions listed in section 245G.05,
subdivision 2
, paragraph (c). The review must:

deleted text begin (1) indicate the date, type, and amount of each treatment service provided and the client's
response to each service;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end address each goal in the treatment plan and whether the methods to address the
goals are effective;

deleted text begin (3)deleted text endnew text begin (2)new text end include monitoring of any physical and mental health problems;

deleted text begin (4)deleted text endnew text begin (3)new text end document the participation of others;

deleted text begin (5)deleted text endnew text begin (4)new text end document staff recommendations for changes in the methods identified in the
treatment plan and whether the client agrees with the change; and

deleted text begin (6)deleted text endnew text begin (5)new text end include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.

deleted text begin (d) Each entry in a client's record must be accurate, legible, signed, and dated. A late
entry must be clearly labeled "late entry." A correction to an entry must be made in a way
in which the original entry can still be read.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 10.

Minnesota Statutes 2020, section 245G.08, subdivision 5, is amended to read:


Subd. 5.

Administration of medication and assistance with self-medication.

(a) A
license holder must meet the requirements in this subdivision if a service provided includes
the administration of medication.

(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a
licensed practitioner or a registered nurse the task of administration of medication or assisting
with self-medication, must:

(1) successfully complete a medication administration training program for unlicensed
personnel through an accredited Minnesota postsecondary educational institution. A staff
member's completion of the course must be documented in writing and placed in the staff
member's personnel file;

(2) be trained according to a formalized training program that is taught by a registered
nurse and offered by the license holder. The training must include the process for
administration of naloxone, if naloxone is kept on site. A staff member's completion of the
training must be documented in writing and placed in the staff member's personnel records;
or

(3) demonstrate to a registered nurse competency to perform the delegated activity. A
registered nurse must be employed or contracted to develop the policies and procedures for
administration of medication or assisting with self-administration of medication, or both.

(c) A registered nurse must provide supervision as defined in section 148.171, subdivision
23. The registered nurse's supervision must include, at a minimum, monthly on-site
supervision or more often if warranted by a client's health needs. The policies and procedures
must include:

(1) a provision that a delegation of administration of medication is new text beginlimited to a method
a staff member has been trained to administer and
new text endlimited to deleted text beginthe administration ofdeleted text endnew text begin:
new text end

new text begin (i)new text end a medication that is administered orally, topically, or as a suppository, an eye drop,
an ear drop, deleted text beginordeleted text end an inhalantnew text begin, or an intranasalnew text end;new text begin and
new text end

new text begin (ii) an intramuscular injection of naloxone or epinephrine;
new text end

(2) a provision that each client's file must include documentation indicating whether
staff must conduct the administration of medication or the client must self-administer
medication, or both;

(3) a provision that a client may carry emergency medication such as nitroglycerin as
instructed by the client's physician or advanced practice registered nurse;

(4) a provision for the client to self-administer medication when a client is scheduled to
be away from the facility;

(5) a provision that if a client self-administers medication when the client is present in
the facility, the client must self-administer medication under the observation of a trained
staff member;

(6) a provision that when a license holder serves a client who is a parent with a child,
the parent may only administer medication to the child under a staff member's supervision;

(7) requirements for recording the client's use of medication, including staff signatures
with date and time;

(8) guidelines for when to inform a nurse of problems with self-administration of
medication, including a client's failure to administer, refusal of a medication, adverse
reaction, or error; and

(9) procedures for acceptance, documentation, and implementation of a prescription,
whether written, verbal, telephonic, or electronic.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 245G.09, subdivision 3, is amended to read:


Subd. 3.

Contents.

Client records must contain the following:

(1) documentation that the client was given information on client rights and
responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided
an orientation to the program abuse prevention plan required under section 245A.65,
subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record
must contain documentation that the client was provided educational information according
to section 245G.05, subdivision 1, paragraph (b);

(2) an initial services plan completed according to section 245G.04;

(3) a comprehensive assessment completed according to section 245G.05;

(4) an assessment summary completed according to section 245G.05, subdivision 2;

(5) an individual abuse prevention plan according to sections 245A.65, subdivision 2,
and 626.557, subdivision 14, when applicable;

(6) an individual treatment plan according to section 245G.06, subdivisions 1 and 2;

(7) documentation of treatment servicesnew text begin, significant events, appointments, concerns,new text end and
treatment plan deleted text beginreviewdeleted text endnew text begin reviewsnew text end according to section 245G.06, deleted text beginsubdivisiondeleted text endnew text begin subdivisions 2a,
2b, and
new text end 3; and

(8) a summary at the time of service termination according to section 245G.06,
subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 12.

Minnesota Statutes 2020, section 245G.11, subdivision 1, is amended to read:


Subdivision 1.

General qualifications.

(a) All staff members who have direct contact
must be 18 years of age or older. deleted text beginAt the time of employment, each staff member must meet
the qualifications in this subdivision. For purposes of this subdivision, "problematic substance
use" means a behavior or incident listed by the license holder in the personnel policies and
procedures according to section 245G.13, subdivision 1, clause (5).
deleted text end

deleted text begin (b) A treatment director, supervisor, nurse, counselor, student intern, or other professional
must be free of problematic substance use for at least the two years immediately preceding
employment and must sign a statement attesting to that fact.
deleted text end

deleted text begin (c) A paraprofessional, recovery peer, or any other staff member with direct contact
must be free of problematic substance use for at least one year immediately preceding
employment and must sign a statement attesting to that fact.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2020, section 245G.11, subdivision 10, is amended to read:


Subd. 10.

Student interns.

A qualified staff member must supervise and be responsible
for a treatment service performed by a student intern and must review and sign each
assessment, deleted text beginprogress note, anddeleted text end individual treatment plannew text begin, and treatment plan reviewnew text end prepared
by a student intern. A student intern must receive the orientation and training required in
section 245G.13, subdivisions 1, clause (7), and 2. No more than 50 percent of the treatment
staff may be students or licensing candidates with time documented to be directly related
to the provision of treatment services for which the staff are authorized.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 14.

Minnesota Statutes 2020, section 245G.13, subdivision 1, is amended to read:


Subdivision 1.

Personnel policy requirements.

A license holder must have written
personnel policies that are available to each staff member. The personnel policies must:

(1) ensure that staff member retention, promotion, job assignment, or pay are not affected
by a good faith communication between a staff member and the department, the Department
of Health, the ombudsman for mental health and developmental disabilities, law enforcement,
or a local agency for the investigation of a complaint regarding a client's rights, health, or
safety;

(2) contain a job description for each staff member position specifying responsibilities,
degree of authority to execute job responsibilities, and qualification requirements;

(3) provide for a job performance evaluation based on standards of job performance
conducted on a regular and continuing basis, including a written annual review;

(4) describe behavior that constitutes grounds for disciplinary action, suspension, or
dismissal, including deleted text beginpolicies that address staff member problematic substance use and the
requirements of section 245G.11, subdivision 1,
deleted text end policies prohibiting personal involvement
with a client in violation of chapter 604, and policies prohibiting client abuse described in
sections 245A.65, 626.557, and 626.5572, and chapter 260E;

deleted text begin (5) identify how the program will identify whether behaviors or incidents are problematic
substance use, including a description of how the facility must address:
deleted text end

deleted text begin (i) receiving treatment for substance use within the period specified for the position in
the staff qualification requirements, including medication-assisted treatment;
deleted text end

deleted text begin (ii) substance use that negatively impacts the staff member's job performance;
deleted text end

deleted text begin (iii) substance use that affects the credibility of treatment services with a client, referral
source, or other member of the community;
deleted text end

deleted text begin (iv) symptoms of intoxication or withdrawal on the job; and
deleted text end

deleted text begin (v) the circumstances under which an individual who participates in monitoring by the
health professional services program for a substance use or mental health disorder is able
to provide services to the program's clients;
deleted text end

new text begin (5) describe the process for disciplinary action, suspension, or dismissal of a staff person
for violating the drug and alcohol policy described in section 245A.04, subdivision 1,
paragraph (c);
new text end

(6) include a chart or description of the organizational structure indicating lines of
authority and responsibilities;

(7) include orientation within 24 working hours of starting for each new staff member
based on a written plan that, at a minimum, must provide training related to the staff member's
specific job responsibilities, policies and procedures, client confidentiality, HIV minimum
standards, and client needs; and

(8) include policies outlining the license holder's response to a staff member with a
behavior problem that interferes with the provision of treatment service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 15.

Minnesota Statutes 2020, section 245G.20, is amended to read:


245G.20 LICENSE HOLDERS SERVING PERSONS WITH CO-OCCURRING
DISORDERS.

A license holder specializing in the treatment of a person with co-occurring disorders
must:

(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring
disorder, and that there are adequate staff members with mental health training;

(2) have continuing access to a medical provider with appropriate expertise in prescribing
psychotropic medication;

(3) have a mental health professional available for staff member supervision and
consultation;

(4) determine group size, structure, and content considering the special needs of a client
with a co-occurring disorder;

(5) have documentation of active interventions to stabilize mental health symptoms
present in the individual treatment plans and deleted text beginprogress notesdeleted text endnew text begin treatment plan reviewsnew text end;

(6) have continuing documentation of collaboration with continuing care mental health
providers, and involvement of the providers in treatment planning meetings;

(7) have available program materials adapted to a client with a mental health problem;

(8) have policies that provide flexibility for a client who may lapse in treatment or may
have difficulty adhering to established treatment rules as a result of a mental illness, with
the goal of helping a client successfully complete treatment; and

(9) have individual psychotherapy and case management available during treatment
service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 16.

Minnesota Statutes 2020, section 245G.22, subdivision 7, is amended to read:


Subd. 7.

Restrictions for unsupervised use of methadone hydrochloride.

(a) If a
medical director or prescribing practitioner assesses and determines that a client meets the
criteria in subdivision 6 and may be dispensed a medication used for the treatment of opioid
addiction, the restrictions in this subdivision must be followed when the medication to be
dispensed is methadone hydrochloride. The results of the assessment must be contained in
the client file.new text begin The number of unsupervised use medication doses per week in paragraphs
(b) to (d) is in addition to the number of unsupervised use medication doses a client may
receive for days the clinic is closed for business as allowed by subdivision 6, paragraph (a).
new text end

(b) During the first 90 days of treatment, the unsupervised use medication supply must
be limited to a maximum of a single dose each week and the client shall ingest all other
doses under direct supervision.

(c) In the second 90 days of treatment, the unsupervised use medication supply must be
limited to two doses per week.

(d) In the third 90 days of treatment, the unsupervised use medication supply must not
exceed three doses per week.

(e) In the remaining months of the first year, a client may be given a maximum six-day
unsupervised use medication supply.

(f) After one year of continuous treatment, a client may be given a maximum two-week
unsupervised use medication supply.

(g) After two years of continuous treatment, a client may be given a maximum one-month
unsupervised use medication supply, but must make monthly visits to the program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text beginDIRECTION TO COMMISSIONER OF HUMAN SERVICES; AMENDING
CHILDREN'S RESIDENTIAL FACILITY AND DETOXIFICATION PROGRAM
RULES.
new text end

new text begin (a) The commissioner of human services must amend Minnesota Rules, part 2960.0460,
to remove all references to repealed Minnesota Rules, part 2960.0460, subpart 2.
new text end

new text begin (b) The commissioner must amend Minnesota Rules, part 2960.0470, to require license
holders to have written personnel policies that describe the process for disciplinary action,
suspension, or dismissal of a staff person for violating the drug and alcohol policy described
in Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c), and Minnesota Rules,
part 2960.0030, subpart 9.
new text end

new text begin (c) The commissioner must amend Minnesota Rules, part 9530.6565, subpart 1, to
remove items A and B and the documentation requirement that references these items.
new text end

new text begin (d) The commissioner must amend Minnesota Rules, part 9530.6570, subpart 1, item
D, to remove the existing language and insert language to require license holders to have
written personnel policies that describe the process for disciplinary action, suspension, or
dismissal of a staff person for violating the drug and alcohol policy described in Minnesota
Statutes, section 245A.04, subdivision 1, paragraph (c).
new text end

new text begin (e) For purposes of this section, the commissioner may use the good cause exempt
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
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. 18. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 245F.15, subdivision 2; and 245G.11, subdivision
2,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2960.0460, subpart 2; and 9530.6565, subpart 2, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

ARTICLE 13

OPIOID SETTLEMENT

Section 1.

new text begin [3.757] RELEASE OF OPIOID-RELATED CLAIMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Municipality" has the meaning provided in section 466.01, subdivision 1.
new text end

new text begin (c) "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation
alleging unlawful conduct related to the marketing, sale, or distribution of opioids in this
state or other alleged illegal actions that contributed to the excessive use of opioids.
new text end

new text begin (d) "Released claim" means any cause of action or other claim that has been released in
a statewide opioid settlement agreement, including matters identified as a released claim as
that term or a comparable term is defined in a statewide opioid settlement agreement.
new text end

new text begin (e) "Settling defendant" means Johnson & Johnson, AmerisourceBergen Corporation,
Cardinal Health, Inc., and McKesson Corporation, as well as related subsidiaries, affiliates,
officers, directors, and other related entities specifically named as a released entity in a
statewide opioid settlement agreement.
new text end

new text begin (f) "Statewide opioid settlement agreement" means an agreement, including consent
judgments, assurances of discontinuance, and related agreements or documents, between
the attorney general, on behalf of the state, and a settling defendant, to provide or allocate
remuneration for conduct related to the marketing, sale, or distribution of opioids in this
state or other alleged illegal actions that contributed to the excessive use of opioids.
new text end

new text begin Subd. 2. new text end

new text begin Release of claims. new text end

new text begin (a) No municipality shall have the authority to assert, file,
or enforce a released claim against a settling defendant.
new text end

new text begin (b) Any claim in pending opioid litigation filed by a municipality against a settling
defendant that is within the scope of a released claim is extinguished by operation of law.
new text end

new text begin (c) The attorney general shall have authority to appear or intervene in opioid litigation
where a municipality has asserted, filed, or enforced a released claim against a settling
defendant and release with prejudice any released claims.
new text end

new text begin (d) This section does not limit any causes of action, claims, or remedies, nor the authority
to assert, file, or enforce such causes of action, claims, or remedies, by a party other than a
municipality.
new text end

new text begin (e) This section does not limit any causes of action, claims, or remedies, nor the authority
to assert, file, or enforce such causes of action, claims, or remedies by a municipality against
entities and individuals other than a released claim against a settling defendant.
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 2021 Supplement, section 16A.151, subdivision 2, is amended
to read:


Subd. 2.

Exceptions.

(a) If a state official litigates or settles a matter on behalf of specific
injured persons or entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement efforts were initiated.
If money recovered on behalf of injured persons or entities cannot reasonably be distributed
to those persons or entities because they cannot readily be located or identified or because
the cost of distributing the money would outweigh the benefit to the persons or entities, the
money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general fund
may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person or
entity other than the state in litigation or potential litigation in which the state is a defendant
or potential defendant.

(d) State agencies may accept funds as directed by a federal court for any restitution or
monetary penalty under United States Code, title 18, section 3663(a)(3), or United States
Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose as directed
by the federal court.

(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph
(t), may be deposited as provided in section 16A.98, subdivision 12.

(f) Any money received by the state resulting from a settlement agreement or an assurance
of discontinuance entered into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state agency, related
to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids
in this state or other alleged illegal actions that contributed to the excessive use of opioids,
must be deposited in deleted text begina separate account in the state treasury and the commissioner shall
notify the chairs and ranking minority members of the Finance Committee in the senate and
the Ways and Means Committee in the house of representatives that an account has been
created. Notwithstanding section 11A.20, all investment income and all investment losses
attributable to the investment of this account shall be credited to the account
deleted text endnew text begin the settlement
account established in the opiate epidemic response fund under section 256.043, subdivision
1
new text end. This paragraph does not apply to attorney fees and costs awarded to the state or the
Attorney General's Office, to contract attorneys hired by the state or Attorney General's
Office, or to other state agency attorneys. deleted text beginIf the licensing fees under section 151.065,
subdivision 1
, clause (16), and subdivision 3, clause (14), are reduced and the registration
fee under section 151.066, subdivision 3, is repealed in accordance with section 256.043,
subdivision 4, then the commissioner shall transfer from the separate account created in
this paragraph to the opiate epidemic response fund under section 256.043 an amount that
ensures that $20,940,000 each fiscal year is available for distribution in accordance with
section 256.043, subdivision 3.
deleted text end

(g) Notwithstanding paragraph (f), if money is received from a settlement agreement or
an assurance of discontinuance entered into by the attorney general of the state or a court
order in litigation brought by the attorney general of the state on behalf of the state or a state
agency against a consulting firm working for an opioid manufacturer or opioid wholesale
drug distributor deleted text beginand deposited into the separate account created under paragraph (f)deleted text end, the
commissioner shall deleted text beginannually transfer from the separate account to the opiate epidemic
response fund under section 256.043 an amount equal to the estimated amount submitted
to the commissioner by the Board of Pharmacy in accordance with section 151.066,
subdivision 3, paragraph (b). The amount transferred shall be included in the amount available
for distribution in accordance with section 256.043, deleted text beginsubdivision 3deleted text end. This transfer shall occur
each year until the registration fee under section 151.066, subdivision 3, is repealed in
accordance with section 256.043, subdivision 4, or the money deposited in the account in
accordance with this paragraph has been transferred, whichever occurs first
deleted text endnew text begin deposit any
money received into the settlement account established within the opiate epidemic response
fund under section 256.042, subdivision 1. Notwithstanding section 256.043, subdivision
3a, paragraph (a), any amount deposited into the settlement account in accordance with this
paragraph shall be appropriated to the commissioner of human services to award as grants
as specified by the opiate epidemic response advisory council in accordance with section
256.043, subdivision 3a, paragraph (d)
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 2021 Supplement, section 151.066, subdivision 3, is amended
to read:


Subd. 3.

Determination of an opiate product registration fee.

(a) The board shall
annually assess an opiate product registration fee on any manufacturer of an opiate that
annually sells, delivers, or distributes an opiate within or into the state 2,000,000 or more
units as reported to the board under subdivision 2.

(b) For purposes of assessing the annual registration fee under this section and
determining the number of opiate units a manufacturer sold, delivered, or distributed within
or into the state, the board shall not consider any opiate that is used for medication-assisted
therapy for substance use disorders. deleted text beginIf there is money deposited into the separate account
as described in section 16A.151, subdivision 2, paragraph (g), The board shall submit to
the commissioner of management and budget an estimate of the difference in the annual
fee revenue collected under this section due to this exception.
deleted text end

(c) The annual registration fee for each manufacturer meeting the requirement under
paragraph (a) is $250,000.

(d) In conjunction with the data reported under this section, and notwithstanding section
152.126, subdivision 6, the board may use the data reported under section 152.126,
subdivision 4, to determine which manufacturers meet the requirement under paragraph (a)
and are required to pay the registration fees under this subdivision.

(e) By April 1 of each year, beginning April 1, 2020, the board shall notify a manufacturer
that the manufacturer meets the requirement in paragraph (a) and is required to pay the
annual registration fee in accordance with section 151.252, subdivision 1, paragraph (b).

(f) A manufacturer may dispute the board's determination that the manufacturer must
pay the registration fee no later than 30 days after the date of notification. However, the
manufacturer must still remit the fee as required by section 151.252, subdivision 1, paragraph
(b). The dispute must 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 assessment of the registration fee was incorrect. The board
must make a decision concerning a dispute no later than 60 days after receiving the required
dispute forms. If the board determines that the manufacturer has satisfactorily demonstrated
that the fee was incorrectly assessed, the board must refund the amount paid in error.

(g) For purposes of this subdivision, a unit means the individual dosage form of the
particular drug product that is prescribed to the patient. One unit equals one tablet, capsule,
patch, syringe, milliliter, or gram.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 256.042, subdivision 4, is amended
to read:


Subd. 4.

Grants.

(a) The commissioner of human services shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming calendar year to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance, by December 1 of each year, beginning
March 1, 2020.

(b) The grants shall be awarded to proposals selected by the advisory council that address
the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated
by the legislature. The advisory council shall determine grant awards and funding amounts
based on the funds appropriated to the commissioner under section 256.043, subdivision 3,
paragraph deleted text begin(e)deleted text endnew text begin (h), and subdivision 3a, paragraph (d)new text end. The commissioner shall award the
grants from the opiate epidemic response fund and administer the grants in compliance with
section 16B.97. No more than ten percent of the grant amount may be used by a grantee for
administration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 256.043, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

new text begin(a) new text endThe opiate epidemic response fund is established in
the state treasury. deleted text beginThe registration fees assessed by the Board of Pharmacy under section
151.066 and the license fees identified in section 151.065, subdivision 7, paragraphs (b)
and (c), shall be deposited into the fund.
deleted text endnew text begin The commissioner of management and budget
shall establish within the opiate epidemic response fund two accounts: (1) a registration and
license fee account; and (2) a settlement account.
new text end Beginning in fiscal year 2021, for each
fiscal year, the fund shall be administered according to this section.

new text begin (b) The commissioner of management and budget shall deposit into the registration and
license fee account the registration fee assessed by the Board of Pharmacy under section
151.066 and the license fees identified in section 151.065, subdivision 7, paragraphs (b)
and (c).
new text end

new text begin (c) The commissioner of management and budget shall deposit into the settlement account
any money received by the state resulting from a settlement agreement or an assurance of
discontinuance entered into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state agency, related
to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids
in this state or other alleged illegal actions that contributed to the excessive use of opioids,
pursuant to section 16A.151, subdivision 2, paragraph (f).
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.

Minnesota Statutes 2021 Supplement, section 256.043, subdivision 3, is amended
to read:


Subd. 3.

Appropriations from deleted text beginfunddeleted text endnew text begin registration and license fee accountnew text end.

(a)new text begin The
appropriations in paragraphs (b) to (h) shall be made from the registration and license fee
account on a fiscal year basis in the order specified.
new text end

deleted text begin Afterdeleted text end new text begin(b) new text endThe appropriations new text beginspecified new text endin Laws 2019, chapter 63, article 3, section 1,
deleted text begin paragraph (e), are made, $249,000 is appropriated to the commissioner of human services
for the provision of administrative services to the Opiate Epidemic Response Advisory
Council and for the administration of the grants awarded under paragraph (e).
deleted text endnew text begin paragraphs
(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
made accordingly.
new text end

new text begin (c) $300,000 is appropriated to the commissioner of management and budget for
evaluation activities under section 256.042, subdivision 1, paragraph (c).
new text end

new text begin (d) $249,000 is appropriated to the commissioner of human services for the provision
of administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraph (h).
new text end

deleted text begin (b)deleted text endnew text begin (e)new text end $126,000 is appropriated to the Board of Pharmacy for the collection of the
registration fees under section 151.066.

deleted text begin (c)deleted text endnew text begin (f)new text end $672,000 is appropriated to the commissioner of public safety for the Bureau of
Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

deleted text begin (d)deleted text endnew text begin (g)new text end After the appropriations in paragraphs deleted text begin(a)deleted text endnew text begin (b)new text end to deleted text begin(c)deleted text endnew text begin (f)new text end are made, 50 percent of
the remaining amount is appropriated to the commissioner of human services for distribution
to county social service deleted text beginand tribal social servicedeleted text end agencies new text beginand Tribal social service agency
initiative projects authorized under section 256.01, subdivision 14b,
new text endto provide child
protection services to children and families who are affected by addiction. The commissioner
shall distribute this money proportionally to deleted text begincounties and tribaldeleted text endnew text begin countynew text end social service agencies
new text begin and Tribal social service agency initiative projects new text endbased on out-of-home placement episodes
where parental drug abuse is the primary reason for the out-of-home placement using data
from the previous calendar year. County deleted text beginand tribaldeleted text end social service agencies new text beginand Tribal social
service agency initiative projects
new text endreceiving funds from the opiate epidemic response fund
must annually report to the commissioner on how the funds were used to provide child
protection services, including measurable outcomes, as determined by the commissioner.
County social service agencies and Tribal social service deleted text beginagenciesdeleted text endnew text begin agency initiative projectsnew text end
must not use funds received under this paragraph to supplant current state or local funding
received for child protection services for children and families who are affected by addiction.

deleted text begin (e)deleted text endnew text begin (h)new text end After deleted text beginmakingdeleted text end the appropriations in paragraphs deleted text begin(a)deleted text endnew text begin (b)new text end to deleted text begin(d)deleted text endnew text begin (g) are madenew text end, the
remaining amount in the deleted text beginfunddeleted text endnew text begin accountnew text end is appropriated to the commissioner new text beginof human services
new text end to award grants as specified by the Opiate Epidemic Response Advisory Council in
accordance with section 256.042, unless otherwise appropriated by the legislature.

deleted text begin (f)deleted text endnew text begin (i)new text end Beginning in fiscal year 2022 and each year thereafter, funds for county social
service deleted text beginand tribal social servicedeleted text end agencies new text beginand Tribal social service agency initiative projects
new text end under paragraph deleted text begin(d)deleted text endnew text begin (g)new text end and grant funds specified by the Opiate Epidemic Response Advisory
Council under paragraph deleted text begin(e) shalldeleted text endnew text begin (h) maynew text end be distributed on a calendar year basis.

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.

Minnesota Statutes 2020, section 256.043, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Appropriations from settlement account. new text end

new text begin (a) The appropriations in paragraphs
(b) to (e) shall be made from the settlement account on a fiscal year basis in the order
specified.
new text end

new text begin (b) If the balance in the registration and license fee account is not sufficient to fully fund
the appropriations specified in subdivision 3, paragraphs (b) to (f), an amount necessary to
meet any insufficiency shall be transferred from the settlement account to the registration
and license fee account to fully fund the required appropriations.
new text end

new text begin (c) $209,000 in fiscal year 2023 and $239,000 in fiscal year 2024 and subsequent fiscal
years are appropriated to the commissioner of human services for the administration of
grants awarded under paragraph (e).
new text end

new text begin (d) After any appropriations necessary under paragraphs (b) and (c) are made, an amount
equal to the calendar year allocation to Tribal social service agency initiative projects under
subdivision 3, paragraph (g), is appropriated from the settlement account to the commissioner
of human services for distribution to Tribal social service agency initiative projects to
provide child protection services to children and families who are affected by addiction.
The requirements related to proportional distribution, annual reporting, and maintenance
of effort specified in subdivision 3, paragraph (g), also apply to the appropriations made
under this paragraph.
new text end

new text begin (e) After making the appropriations in paragraphs (b) to (d), the remaining amount in
the account is appropriated to the commissioner of human services to award grants as
specified by the Opiate Epidemic Response Advisory Council in accordance with section
256.042.
new text end

new text begin (f) Funds for Tribal social service agency initiative projects under paragraph (d) and
grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph
(e) may be distributed on a calendar year basis.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2021 Supplement, section 256.043, subdivision 4, is amended
to read:


Subd. 4.

Settlement; sunset.

(a) If the state receives a total sum of $250,000,000 either
as a result of a settlement agreement or an assurance of discontinuance entered into by the
attorney general of the state, or resulting from a court order in litigation brought by the
attorney general of the state on behalf of the state or a state agency related to alleged
violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this
state, or other alleged illegal actions that contributed to the excessive use of opioids, or from
the fees collected under sections 151.065, subdivisions 1 and 3, and 151.066, that are
deposited into the opiate epidemic response fund established in this section, or from a
combination of both, the fees specified in section 151.065, subdivisions 1, clause (16), and
3, clause (14), shall be reduced to $5,260, and the opiate registration fee in section 151.066,
subdivision 3
, shall be repealed.new text begin For purposes of this paragraph, any money received as a
result of a settlement agreement specified in this paragraph and directly allocated or
distributed and received by either the state or a municipality as defined in section 466.01,
subdivision 1, shall be counted toward determining when the $250,000,000 is reached.
new text end

(b) The commissioner of management and budget shall inform the Board of Pharmacy,
the governor, and the legislature when the amount specified in paragraph (a) has been
reached. The board shall apply the reduced license fee for the next licensure period.

(c) Notwithstanding paragraph (a), the reduction of the license fee in section 151.065,
subdivisions 1
and 3, and the repeal of the registration fee in section 151.066 shall not occur
before July 1, deleted text begin2024deleted text endnew text begin 2031new 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. 9.

Laws 2019, chapter 63, article 3, section 1, as amended by Laws 2020, chapter
115, article 3, section 35, is amended to read:


Section 1. APPROPRIATIONS.

(a) Board of Pharmacy; administration. $244,000 in fiscal year 2020 is appropriated
from the general fund to the Board of Pharmacy for onetime information technology and
operating costs for administration of licensing activities under Minnesota Statutes, section
151.066. This is a onetime appropriation.

(b) Commissioner of human services; administration. $309,000 in fiscal year 2020
is appropriated from the general fund and $60,000 in fiscal year 2021 is appropriated from
the opiate epidemic response fund to the commissioner of human services for the provision
of administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraphs (f), (g), and (h). The opiate epidemic
response fund base for this appropriation is $60,000 in fiscal year 2022, $60,000 in fiscal
year 2023, $60,000 in fiscal year 2024, and $0 in fiscal year 2025.

(c) Board of Pharmacy; administration. $126,000 in fiscal year 2020 is appropriated
from the general fund to the Board of Pharmacy for the collection of the registration fees
under section 151.066.

(d) Commissioner of public safety; enforcement activities. $672,000 in fiscal year
2020 is appropriated from the general fund to the commissioner of public safety for the
Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab
supplies and $288,000 is for special agent positions focused on drug interdiction and drug
trafficking.

(e) Commissioner of management and budget; evaluation activities. $300,000 in
fiscal year 2020 is appropriated from the general fund and $300,000 in fiscal year 2021 is
appropriated from the opiate epidemic response fund to the commissioner of management
and budget for evaluation activities under Minnesota Statutes, section 256.042, subdivision
1
, paragraph (c). deleted text beginThe opiate epidemic response fund base for this appropriation is $300,000
in fiscal year 2022, $300,000 in fiscal year 2023, $300,000 in fiscal year 2024, and $0 in
fiscal year 2025.
deleted text end

(f) Commissioner of human services; grants for Project ECHO. $400,000 in fiscal
year 2020 is appropriated from the general fund and $400,000 in fiscal year 2021 is
appropriated from the opiate epidemic response fund to the commissioner of human services
for grants of $200,000 to CHI St. Gabriel's Health Family Medical Center for the
opioid-focused Project ECHO program and $200,000 to Hennepin Health Care for the
opioid-focused Project ECHO program. The opiate epidemic response fund base for this
appropriation is $400,000 in fiscal year 2022, $400,000 in fiscal year 2023, $400,000 in
fiscal year 2024, and $0 in fiscal year 2025.

(g) Commissioner of human services; opioid overdose prevention grant. $100,000
in fiscal year 2020 is appropriated from the general fund and $100,000 in fiscal year 2021
is appropriated from the opiate epidemic response fund to the commissioner of human
services for a grant to a nonprofit organization that has provided overdose prevention
programs to the public in at least 60 counties within the state, for at least three years, has
received federal funding before January 1, 2019, and is dedicated to addressing the opioid
epidemic. The grant must be used for opioid overdose prevention, community asset mapping,
education, and overdose antagonist distribution. The opiate epidemic response fund base
for this appropriation is $100,000 in fiscal year 2022, $100,000 in fiscal year 2023, $100,000
in fiscal year 2024, and $0 in fiscal year 2025.

(h) Commissioner of human services; traditional healing. $2,000,000 in fiscal year
2020 is appropriated from the general fund and $2,000,000 in fiscal year 2021 is appropriated
from the opiate epidemic response fund to the commissioner of human services to award
grants to Tribal nations and five urban Indian communities for traditional healing practices
to American Indians and to increase the capacity of culturally specific providers in the
behavioral health workforce. The opiate epidemic response fund base for this appropriation
is $2,000,000 in fiscal year 2022, $2,000,000 in fiscal year 2023, $2,000,000 in fiscal year
2024, and $0 in fiscal year 2025.

(i) Board of Dentistry; continuing education. $11,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Dentistry to
implement the continuing education requirements under Minnesota Statutes, section 214.12,
subdivision 6
.

(j) Board of Medical Practice; continuing education. $17,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Medical Practice
to implement the continuing education requirements under Minnesota Statutes, section
214.12, subdivision 6.

(k) Board of Nursing; continuing education. $17,000 in fiscal year 2020 is appropriated
from the state government special revenue fund to the Board of Nursing to implement the
continuing education requirements under Minnesota Statutes, section 214.12, subdivision
6
.

(l) Board of Optometry; continuing education. $5,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Optometry to
implement the continuing education requirements under Minnesota Statutes, section 214.12,
subdivision 6
.

(m) Board of Podiatric Medicine; continuing education. $5,000 in fiscal year 2020
is appropriated from the state government special revenue fund to the Board of Podiatric
Medicine to implement the continuing education requirements under Minnesota Statutes,
section 214.12, subdivision 6.

(n) Commissioner of health; nonnarcotic pain management and wellness. $1,250,000
is appropriated in fiscal year 2020 from the general fund to the commissioner of health, to
provide funding for:

(1) statewide mapping and assessment of community-based nonnarcotic pain management
and wellness resources; and

(2) up to five demonstration projects in different geographic areas of the state to provide
community-based nonnarcotic pain management and wellness resources to patients and
consumers.

The demonstration projects must include an evaluation component and scalability analysis.
The commissioner shall award the grant for the statewide mapping and assessment, and the
demonstration project grants, through a competitive request for proposal process. Grants
for statewide mapping and assessment and demonstration projects may be awarded
simultaneously. In awarding demonstration project grants, the commissioner shall give
preference to proposals that incorporate innovative community partnerships, are informed
and led by people in the community where the project is taking place, and are culturally
relevant and delivered by culturally competent providers. This is a onetime appropriation.

(o) Commissioner of health; administration. $38,000 in fiscal year 2020 is appropriated
from the general fund to the commissioner of health for the administration of the grants
awarded in paragraph (n).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Laws 2021, First Special Session chapter 7, article 16, section 12, is amended to
read:


Sec. 12. COMMISSIONER OF
MANAGEMENT AND BUDGET

$
300,000
$
deleted text begin 300,000 deleted text end new text begin 0
new text end

(a) This appropriation is from the opiate
epidemic response fund.

(b) Evaluation. $300,000 in fiscal year 2022
deleted text begin and $300,000 in fiscal year 2023deleted text end is for
evaluation activities under Minnesota Statutes,
section 256.042, subdivision 1, paragraph (c).

deleted text begin (c) Base Level Adjustment. The opiate
epidemic response fund base is $300,000 in
fiscal year 2024 and $300,000 in fiscal year
2025.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11. new text beginTRANSFER; ELIMINATION OF ACCOUNT.
new text end

new text begin (a) The commissioner of management and budget shall transfer any money in the separate
account established in the state treasury under Minnesota Statutes, section 16A.151,
subdivision 2, paragraph (f), to the settlement account in the opiate epidemic response fund
established under Minnesota Statutes, section 256.043, subdivision 1. Notwithstanding
section 256.043, subdivision 3a, paragraph (a), money transferred into the account under
this paragraph shall be appropriated to the commissioner of human services to award as
grants as specified by the Opiate Epidemic Response Advisory Council in accordance with
Minnesota Statutes, section 256.043, subdivision 3a, paragraph (d).
new text end

new text begin (b) Once the money is transferred as required in paragraph (a), the commissioner of
management and budget shall eliminate the separate account established under Minnesota
Statutes, section 16A.151, subdivision 2, paragraph (f).
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 14

FORECAST ADJUSTMENTS

Section 1. new text beginHUMAN SERVICES APPROPRIATION.
new text end

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 2021, First Special
Session chapter 7, article 16, 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 "2022" and "2023" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2022, or June 30, 2023, respectively. "The first year" is fiscal year 2022. "The second year"
is fiscal year 2023. "The biennium" is fiscal years 2022 and 2023.
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 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin (585,901,000)
new text end
new text begin $
new text end
new text begin 182,791,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin (406,629,000)
new text end
new text begin 185,395,000
new text end
new text begin Health Care Access
Fund
new text end
new text begin (86,146,000)
new text end
new text begin (11,799,000)
new text end
new text begin Federal TANF
new text end
new text begin (93,126,000)
new text end
new text begin 9,195,000
new text end

new text begin Subd. 2. new text end

new text begin Forecasted Programs
new text end

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 72,106,000
new text end
new text begin (14,397,000)
new text end
new text begin Federal TANF
new text end
new text begin (93,126,000)
new text end
new text begin 9,195,000
new text end
new text begin (b) MFIP Child Care Assistance
new text end
new text begin (103,347,000)
new text end
new text begin (73,738,000)
new text end
new text begin (c) General Assistance
new text end
new text begin (4,175,000)
new text end
new text begin (1,488,000)
new text end
new text begin (d) Minnesota Supplemental Aid
new text end
new text begin 318,000
new text end
new text begin 1,613,000
new text end
new text begin (e) Housing Support
new text end
new text begin (1,994,000)
new text end
new text begin 9,257,000
new text end
new text begin (f) Northstar Care for Children
new text end
new text begin (9,613,000)
new text end
new text begin (4,865,000)
new text end
new text begin (g) MinnesotaCare
new text end
new text begin (86,146,000)
new text end
new text begin (11,799,000)
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 (348,364,000)
new text end
new text begin 292,880,000
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) Behavioral Health Fund
new text end
new text begin (11,560,000)
new text end
new text begin (23,867,000)
new text end

new text begin Subd. 3. new text end

new text begin Technical Activities
new text end

new text begin -0-
new text end
new text begin -0-
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 15

APPROPRIATIONS

Section 1. new text beginHEALTH AND HUMAN SERVICES APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
7, article 16, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund or other named fund and are available for the fiscal years indicated
for each purpose. The figures "2022" and "2023" 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, 2022, or June 30, 2023, respectively. Base adjustments mean the addition
to or subtraction from the base level adjustment set in Laws 2021, First Special Session
chapter 7, article 16. Supplemental appropriations and reductions to appropriations for the
fiscal year ending June 30, 2022, 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 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 32,461,000
new text end
new text begin $
new text end
new text begin 315,995,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2022
new text end
new text begin 2023
new text end
new text begin General
new text end
new text begin 34,397,000
new text end
new text begin 403,270,000
new text end
new text begin Health Care Access
new text end
new text begin (1,936,000)
new text end
new text begin (88,042,000)
new text end
new text begin Federal TANF
new text end
new text begin -0-
new text end
new text begin 7,000
new text end
new text begin Opiate Epidemic
Response
new text end
new text begin -0-
new text end
new text begin 760,000
new text end

new text begin Subd. 2. new text end

new text begin Central Office; Operations
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 397,000
new text end
new text begin 96,320,000
new text end
new text begin Health Care Access
new text end
new text begin -0-
new text end
new text begin 13,729,000
new text end

new text begin (a) Background Studies. (1) $1,779,000 in
fiscal year 2023 is to provide a credit to
providers who paid for emergency background
studies in NETStudy 2.0. This is a onetime
appropriation.
new text end

new text begin (2) $1,851,000 in fiscal year 2023 is to fund
the costs of reprocessing emergency studies
conducted under interagency agreements. This
is a onetime appropriation.
new text end

new text begin (b) Supporting Drug Pricing Litigation
Costs.
$228,000 in fiscal year 2022 is for costs
to comply with litigation requirements related
to pharmaceutical drug price litigation. This
is a onetime appropriation.
new text end

new text begin (c) Base Level Adjustment. The general fund
base is increased $11,868,000 in fiscal year
2024 and $9,369,000 in fiscal year 2025. The
health care access fund base is increased
$1,551,000 in fiscal year 2024 and $1,455,000
in fiscal year 2025.
new text end

new text begin Subd. 3. new text end

new text begin Central Office; Children and Families
new text end

new text begin -0-
new text end
new text begin 21,992,000
new text end

new text begin (a) Foster Care Federal Cash Assistance
Benefits Plan.
$373,000 in fiscal year 2023
is for the commissioner to develop the foster
care federal cash assistance benefits plan. The
base for this appropriation is $342,000 in fiscal
year 2024 and $127,000 in fiscal year 2025.
new text end

new text begin (b) Commissioner of Education. $53,000 in
fiscal year 2023 is for transfer to the
commissioner of education for staffing for the
family and community resources hubs. The
base for this appropriation is $61,000 in fiscal
year 2024 and $61,000 in fiscal year 2025.
new text end

new text begin (c) Commissioner of Health. $53,000 in
fiscal year 2023 is for transfer to the
commissioner of health for staffing for the
family and community resources hubs. The
base for this appropriation is $61,000 in fiscal
year 2024 and $61,000 in fiscal year 2025.
new text end

new text begin (d) Children's Cabinet. The base shall
include $61,000 in fiscal year 2024 and
$61,000 in fiscal year 2025 for staffing at the
Children's Cabinet at the Department of
Management and Budget for the family and
community resources hubs.
new text end

new text begin (e) Base Level Adjustment. The general fund
base is increased $7,823,000 in fiscal year
2024 and $7,578,000 in fiscal year 2025.
new text end

new text begin Subd. 4. new text end

new text begin Central Office; Health Care
new text end

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 4,500,000
new text end
new text begin Health Care Access
new text end
new text begin -0-
new text end
new text begin 2,475,000
new text end

new text begin (a) Interactive Voice Response and
Improving Access for Applications and
Forms.
$1,350,000 in fiscal year 2023 is for
the improvement of accessibility to Minnesota
health care programs applications, forms, and
other consumer support resources and services
to enrollees with limited English proficiency.
This is a onetime appropriation and is
available until June 30, 2025.
new text end

new text begin (b) Community-Driven Improvements.
$680,000 in fiscal year 2023 is for Minnesota
health care program enrollee engagement
activities.
new text end

new text begin (c) Responding to COVID-19 in Minnesota
Health Care Programs.
$1,000,000 in fiscal
year 2023 is for contract assistance relating to
the resumption of eligibility and
redetermination processes in Minnesota health
care programs after the expiration of the
federal public health emergency. Contracts
entered into under this section are for
emergency acquisition and are not subject to
solicitation requirements under Minnesota
Statutes, section 16C.10, subdivision 2. This
is a onetime appropriation and is available
until June 30, 2025.
new text end

new text begin (d) Initial PACE Implementation Funding.
$270,000 in fiscal year 2023 is from the
general fund to complete the initial actuarial
and administrative work necessary to
recommend a financing mechanism for the
operation of PACE under Minnesota Statutes,
section 256B.69, subdivision 23, paragraph
(e).
new text end

new text begin (e) Base Level Adjustment. The general fund
base is increased $3,607,000 in fiscal year
2024 and $5,123,000 in fiscal year 2025. The
health care access fund base is increased
$4,357,000 in fiscal year 2024 and $7,550,000
in fiscal year 2025.
new text end

new text begin Subd. 5. new text end

new text begin Central Office; Continuing Care
new text end

new text begin -0-
new text end
new text begin 177,000
new text end

new text begin (a) Lifesharing Services. $57,000 in fiscal
year 2023 is for engaging stakeholders and
developing recommendations regarding
establishing a lifesharing service under the
state's medical assistance disability waivers
and elderly waiver. The base for this
appropriation is $43,000 in fiscal year 2024.
new text end

new text begin (b) Initial PACE Implementation Funding.
$120,000 in fiscal year 2023 is to complete
the initial actuarial and administrative work
necessary to recommend a financing
mechanism for the operation of PACE under
Minnesota Statutes, section 256B.69,
subdivision 23, paragraph (e).
new text end

new text begin (c) new text beginBase Level Adjustment.new text end The general fund
base is increased $43,000 in fiscal year 2024.
new text end

new text begin Subd. 6. new text end

new text begin Central Office; Community Supports
new text end

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 8,531,000
new text end
new text begin Opioid Epidemic
Response
new text end
new text begin -0-
new text end
new text begin 760,000
new text end

new text begin (a) SEIU Health Care Arbitration Award.
$5,444 in fiscal year 2023 is for arbitration
awards resulting from a SEIU grievance. This
is a onetime appropriation.
new text end

new text begin (b) Lifesharing Services. $57,000 in fiscal
year 2023 is from the general fund for
engaging stakeholders and developing
recommendations regarding establishing a
lifesharing service under the state's medical
assistance disability waivers and elderly
waiver. The general fund base for this
appropriation is $43,000 in fiscal year 2024.
new text end

new text begin (c) Intermediate Care Facilities for Persons
with Developmental Disabilities; Rate
Study.
$250,000 in fiscal year 2023 is from
the general fund for a study of medical
assistance rates for intermediate care facilities
for persons with developmental disabilities
under Minnesota Statutes, sections 256B.5011
to 256B.5015. This is a onetime appropriation.
new text end

new text begin (d) Online tool accessibility and capacity
expansion.
$395,000 in fiscal year 2023 is to
expand the accessibility and capacity of online
tools for people receiving services and direct
support workers. The base for this
appropriation is $664,000 in fiscal year 2024
and $681,000 in fiscal year 2025.
new text end

new text begin (e) Systemic critical incident review team.
$459,000 in fiscal year 2023 is to implement
the systemic critical incident review process
in Minnesota Statutes, section 256.01,
subdivision 12b. The base for this
appropriation is $498,000 in fiscal year 2024
and $498,000 in fiscal year 2025.
new text end

new text begin (f) new text beginBase Level Adjustment.new text end The general fund
base is increased $9,908,000 in fiscal year
2024 and $8,210,000 in fiscal year 2025. The
opiate epidemic response base is increased
$790,000 in fiscal year 2024 and $790,000 in
fiscal year 2025.
new text end

new text begin Subd. 7. new text end

new text begin Forecasted Programs; MFIP/DWP
new text end

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 4,000
new text end
new text begin Federal TANF
new text end
new text begin -0-
new text end
new text begin 7,000
new text end

new text begin Subd. 8. new text end

new text begin Forecasted Programs; MFIP Child Care
Assistance
new text end

new text begin -0-
new text end
new text begin 1,000
new text end

new text begin Subd. 9. new text end

new text begin Forecasted Programs; Minnesota
Supplemental Aid
new text end

new text begin -0-
new text end
new text begin 1,000
new text end

new text begin Subd. 10. new text end

new text begin Forecasted Programs; Housing
Supports
new text end

new text begin -0-
new text end
new text begin 4,304,000
new text end

new text begin Subd. 11. new text end

new text begin Forecasted Programs; MinnesotaCare
new text end

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 (17,943,000)
new text end
new text begin Health Care Access
new text end
new text begin -0-
new text end
new text begin 28,724,000
new text end

new text begin This appropriation is from the health care
access fund.
new text end

new text begin Subd. 12. new text end

new text begin Forecasted Programs; Medical
Assistance
new text end

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 (54,031,000)
new text end
new text begin Health Care Access
new text end
new text begin -0-
new text end
new text begin (136,906,000)
new text end

new text begin Subd. 13. new text end

new text begin Forecasted Programs; Alternative
Care
new text end

new text begin -0-
new text end
new text begin 530,000
new text end

new text begin Subd. 14. new text end

new text begin Grant Programs; BSF Child Care
Grants
new text end

new text begin -0-
new text end
new text begin 6,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased $29,000 in fiscal year 2024
and $248,000 in fiscal year 2025.
new text end

new text begin Subd. 15. new text end

new text begin Grant Programs; Child Care
Development Grants
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin Subd. 16. new text end

new text begin Grant Programs; Children's Services
Grants
new text end

new text begin -0-
new text end
new text begin 8,984,000
new text end

new text begin (a) American Indian Child Welfare
Initiative; Mille Lacs Band of Ojibwe
Planning.
$1,263,000 in fiscal year 2023 is
to support activities necessary for the Mille
Lacs Band of Ojibwe to join the American
Indian child welfare initiative.
new text end

new text begin (b) Expand Parent Support Outreach
Program.
The base shall include $7,000,000
in fiscal year 2024 and $7,000,000 in fiscal
year 2025 to expand the parent support
outreach program to community-based
agencies, public health agencies, and schools
to prevent reporting of and entry into the child
welfare system.
new text end

new text begin (c) Thriving Families Safer Children. The
base shall include $30,000 in fiscal year 2024
to plan for an education attendance support
diversionary program to prevent entry into the
child welfare system. The commissioner shall
report back to the chairs and ranking minority
members of the legislative committees that
oversee child welfare by January 1, 2025, on
the plan for this program. This is a onetime
appropriation.
new text end

new text begin (d) Family Group Decision Making. The
base shall include $5,000,000 in fiscal year
2024 and $5,000,000 in fiscal year 2025 to
expand the use of family group decision
making to provide opportunity for family
voices concerning critical decisions in child
safety and prevent entry into the child welfare
system.
new text end

new text begin (e) Child Welfare Promising Practices. The
base shall include $5,000,000 in fiscal year
2024 and $5,000,000 in fiscal year 2025 to
develop promising practices for prevention of
out-of-home placement of children and youth.
new text end

new text begin (f) Family Assessment Response. The base
shall include $23,550,000 in fiscal year 2024
and $23,550,000 in fiscal year 2025 to support
counties and Tribes that are members of the
American Indian child welfare initiative in
providing case management services and
support for families being served under family
assessment response and to prevent entry into
the child welfare system.
new text end

new text begin (g) Extend Support for Youth Leaving
Foster Care.
$600,000 in fiscal year 2023 is
to extend financial supports for young adults
aging out of foster care to age 22.
new text end

new text begin (h) Grants to Counties for Child Protection
Staff.
$1,000,000 in fiscal year 2023 is to
provide grants to counties and American
Indian child welfare initiative Tribes to be
used to reduce extended foster care caseload
sizes to ten cases per worker.
new text end

new text begin (i) Statewide Pool of Qualified Individuals.
$1,177,400 in fiscal year 2023 is for grants to
one or more grantees to establish and manage
a pool of state-funded qualified individuals to
assess potential out-of-home placement of a
child in a qualified residential treatment
program. Up to $200,000 of the grants each
fiscal year is available for grantee contracts to
manage the state-funded pool of qualified
individuals. This amount shall also pay for
qualified individual training, certification, and
background studies. Remaining grant money
shall be available until expended to provide
qualified individual services to counties and
Tribes that have joined the American Indian
child welfare initiative pursuant to Minnesota
Statutes, section 256.01, subdivision 14b, to
provide qualified residential treatment
program assessments at no cost to the county
or Tribal agency.
new text end

new text begin (j) Quality Parenting Initiative Grant.
$100,000 in fiscal year 2023 is for a grant to
the Quality Parenting Initiative Minnesota, to
implement Quality Parenting Initiative
principles and practices and support children
and families experiencing foster care
placements. The grantee shall use grant funds
to provide training and technical assistance to
county and Tribal agencies, community-based
agencies, and other stakeholders on conducting
initial foster care phone calls under Minnesota
Statutes, section 260C.219, subdivision 6;
supporting practices that create partnerships
between birth and foster families; and
informing child welfare practices by
supporting youth leadership and the
participation of individuals with experience
in the foster care system. Upon request, the
commissioner shall make information
regarding the use of this grant funding
available to the chairs and ranking minority
members of the legislative committees with
jurisdiction over human services. This is a
onetime appropriation.
new text end

new text begin (k) Costs of Foster Care or Care,
Examination, or Treatment.
$5,000,000 in
fiscal year 2023 is for grants to counties and
Tribes, to reimburse counties and Tribes for
the costs of foster care or care, examination,
or treatment that would previously have been
paid by the parents or custodians of a child in
foster care using parental income and
resources, child support payments, or income
and resources attributable to a child under
Minnesota Statutes, sections 242.19, 256N.26,
260B.331, and 260C.331. Counties and Tribes
must apply for grant funds in a form
prescribed by the commissioner, and must
provide the information and data necessary to
calculate grant fund allocations accurately and
equitably, as determined by the commissioner.
new text end

new text begin (l) Grants to Counties; Foster Care Federal
Cash Assistance Benefits Plan.
$50,000 in
fiscal year 2023 is for the commissioner to
provide grants to counties to assist counties
with gathering and reporting the county data
required for the commissioner to develop the
foster care federal cash assistance benefits
plan.
new text end

new text begin (m) Base Level Adjustment. The general fund
base is increased $52,386,000 in fiscal year
2024 and $49,715,000 in fiscal year 2025.
new text end

new text begin Subd. 17. new text end

new text begin Grant Programs; Children and
Community Service Grants
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin Base Level Adjustment. new text end new text begin The opiate epidemic
response base is increased $100,000 in fiscal
year 2025.
new text end

new text begin Subd. 18. new text end

new text begin Grant Programs; Children and
Economic Support Grants
new text end

new text begin 14,000,000
new text end
new text begin 145,931,000
new text end

new text begin (a) Family and Community Resource Hubs.
$2,550,000 in fiscal year 2023 is to implement
a sustainable family and community resource
hub model through the community action
agencies under Minnesota Statutes, section
256E.31, and federally recognized Tribes. The
community resource hubs must offer
navigation to several supports and services,
including but not limited to basic needs and
economic assistance, disability services,
healthy development and screening,
developmental and behavioral concerns,
family well-being and mental health, early
learning and child care, dental care, legal
services, and culturally specific services for
American Indian families.
new text end

new text begin (b) Tribal Food Sovereignty Infrastructure
Grants.
$4,000,000 in fiscal year 2023 is for
capital and infrastructure development to
support food system changes and provide
equitable access to existing and new methods
of food support for American Indian
communities, including federally recognized
Tribes and American Indian nonprofit
organizations. This is a onetime appropriation
and is available until June 30, 2025.
new text end

new text begin (c) Tribal Food Security. $2,836,000 in fiscal
year 2023 is to promote food security for
American Indian communities, including
federally recognized Tribes and American
Indian nonprofit organizations. This includes
hiring staff, providing culturally relevant
training for building food access, purchasing
technical assistance materials and supplies,
and planning for sustainable food systems.
new text end

new text begin (d) Capital for Emergency Food
Distribution Facilities.
$14,931,000 in fiscal
year 2023 is for improving and expanding the
infrastructure of food shelf facilities across
the state, including adding freezer or cooler
space and dry storage space, improving the
safety and sanitation of existing food shelves,
and addressing deferred maintenance or other
facility needs of existing food shelves. Grant
money shall be made available to nonprofit
organizations, federally recognized Tribes,
and local units of government. This is a
onetime appropriation and is available until
June 30, 2025.
new text end

new text begin (e) Food Support Grants. $5,000,000 in
fiscal year 2023 is to provide additional
resources to a diverse food support network
that includes food shelves, food banks, and
meal and food outreach programs. Grant
money shall be made available to nonprofit
organizations, federally recognized Tribes,
and local units of government.
new text end

new text begin (f) Transitional Housing. $2,500,000 in fiscal
year 2023 is for transitional housing programs
under Minnesota Statutes, section 256E.33.
new text end

new text begin (g) Shelter-Linked Youth Mental Health
Grants.
$1,650,000 in fiscal year 2023 is for
shelter-linked youth mental health grants under
Minnesota Statutes, section 256K.46.
new text end

new text begin (h) Emergency Services Grants. $35,000,000
in fiscal year 2023 is for emergency services
under Minnesota Statutes, section 256E.36.
The base for this appropriation is $25,000,000
in fiscal year 2024 and $25,000,000 in fiscal
year 2025. Grant allocation balances in the
first year do not cancel but are available in the
second year.
new text end

new text begin (i) Homeless Youth Act. $10,000,000 in fiscal
year 2023 is for homeless youth act grants
under Minnesota Statutes, section 256K.45,
subdivision 1. Grant allocation balances in the
first year do not cancel but are available in the
second year.
new text end

new text begin (j) Pregnant and Parenting Homeless Youth
Study.
$300,000 in fiscal year 2023 is to fund
a study of the prevalence of pregnancy and
parenting among homeless youths and youths
who are at risk of homelessness. This is a
onetime appropriation and is available until
June 30, 2024.
new text end

new text begin (k) new text beginSafe Harbor Grants.new text end $5,500,000 in fiscal
year 2023 is for safe harbor grants to fund
street outreach, emergency shelter, and
transitional and long-term housing beds for
sexually exploited youth and youth at risk of
exploitation.
new text end

new text begin (l) new text beginEmergency Shelter Facilities.new text end $75,000,000
in fiscal year 2023 is for grants to eligible
applicants for the acquisition of property; site
preparation, including demolition; predesign;
design; construction; renovation; furnishing;
and equipping of emergency shelter facilities
in accordance with emergency shelter facilities
project criteria in this act. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (m) new text beginHeading Home Ramsey Continuum of
Care.
new text end
(1) $8,000,000 in fiscal year 2022 is for
a grant to fund and support Heading Home
Ramsey Continuum of Care. This is a onetime
appropriation. The grant shall be used for:
new text end

new text begin (i) maintaining funding for a 100-bed family
shelter that had been funded by CARES Act
money;
new text end

new text begin (ii) maintaining funding for an existing
100-bed single room occupancy shelter and
developing a replacement single-room
occupancy shelter for housing up to 100 single
adults; and
new text end

new text begin (iii) maintaining current day shelter
programming that had been funded with
CARES Act money and developing a
replacement for current day shelter facilities.
new text end

new text begin (2) Ramsey County may use up to ten percent
of this appropriation for administrative
expenses. This appropriation is available until
June 30, 2025.
new text end

new text begin (n) new text end new text begin new text beginHennepin County Funding for Serving
Homeless Persons.
new text end
(1) $6,000,000 in fiscal
year 2022 is for a grant to fund and support
Hennepin County shelters and services for
persons experiencing homelessness. This is a
onetime appropriation. Of this appropriation:
new text end

new text begin (i) up to $4,000,000 in matching grant funding
is to design, construct, equip, and furnish the
Simpson Housing Services shelter facility in
the city of Minneapolis; and
new text end

new text begin (ii) up to $2,000,000 is to maintain current
shelter and homeless response programming
that had been funded with federal funding
from the CARES Act of the American Rescue
Plan Act, including:
new text end

new text begin (A) shelter operations and services to maintain
services at Avivo Village, including a shelter
comprised of 100 private dwellings and the
American Indian Community Development
Corporation Homeward Bound 50-bed shelter;
new text end

new text begin (B) shelter operations and services to maintain
shelter services 24 hours per day, seven days
per week;
new text end

new text begin (C) housing-focused case management; and
new text end

new text begin (D) shelter diversion services.
new text end

new text begin (2) Hennepin County may contract with
eligible nonprofit organizations and local and
Tribal governmental units to provide services
under the grant program. This appropriation
is available until June 30, 2025.
new text end

new text begin (o) Chosen Family Hosting to Prevent
Youth Homelessness Pilot Program.

$1,000,000 in fiscal year 2023 is for the
chosen family hosting to prevent youth
homelessness pilot program to provide funds
to providers serving homeless youth. Of this
amount, $218,000 is for a contract with a
technical assistance provider to: (1) provide
technical assistance to funding recipients; (2)
facilitate a monthly learning cohort for funding
recipients; (3) evaluate the efficacy and
cost-effectiveness of the pilot program; and
(4) submit annual updates and a final report
to the commissioner. This is a onetime
appropriation and is available until June 30,
2027.
new text end

new text begin (p) Minnesota Association for Volunteer
Administration.
$1,000,000 in fiscal year
2023 is for a grant to the Minnesota
Association for Volunteer Administration to
administer needs-based volunteerism subgrants
targeting underresourced nonprofit
organizations in greater Minnesota to support
selected organizations' ongoing efforts to
address and minimize disparities in access to
human services through increased
volunteerism. Successful subgrant applicants
must demonstrate that the populations to be
served by the subgrantee are considered
underserved or suffer from or are at risk of
homelessness, hunger, poverty, lack of access
to health care, or deficits in education. The
Minnesota Association for Volunteer
Administration must give priority to
organizations that are serving the needs of
vulnerable populations. By December 15,
2023, the Minnesota Association for Volunteer
Administration must report data on outcomes
from the subgrants and recommendations for
improving and sustaining volunteer efforts
statewide to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over human
services. This is a onetime appropriation and
is available until June 30, 2024.
new text end

new text begin (q) Base Level Adjustment. The general fund
base is increased $63,104,000 in fiscal year
2024 and $66,754,000 in fiscal year 2025.
new text end

new text begin Subd. 19. new text end

new text begin Grant Programs; Health Care Grants
new text end

new text begin Appropriations by Fund
new text end
new text begin 2022
new text end
new text begin 2023
new text end
new text begin General Fund
new text end
new text begin -0-
new text end
new text begin 2,500,000
new text end
new text begin Health Care Access
new text end
new text begin (1,936,000)
new text end
new text begin 3,936,000
new text end

new text begin (a) Grant Funding to Support Urban
American Indians in Minnesota Health
Care Programs.
$2,500,000 in fiscal year
2023 is from the general fund for funding to
the Indian Health Board of Minneapolis to
support continued access to health care
coverage through Minnesota health care
programs, improve access to quality care, and
increase vaccination rates among urban
American Indians.
new text end

new text begin (b) Grants for Navigator Organizations. (1)
$1,936,000 in fiscal year 2023 is from the
health care access fund for grants to
organizations with a MNsure grant services
navigator assister contract in good standing
as of July 1, 2022. The grants to each
organization must be in proportion to the
number of medical assistance and
MinnesotaCare enrollees each organization
assisted that resulted in a successful
enrollment in the second quarter of fiscal year
2022, as determined by MNsure's navigator
payment process. This is a onetime
appropriation and is available until June 30,
2025. (2) $2,000,000 in fiscal year 2023 is
from the health care access fund for incentive
payments as defined in Minnesota Statutes,
section 256.962, subdivision 5. This
appropriation is available until June 30, 2025.
The health care access fund base for this
appropriation is $1,000,000 in fiscal year 2024
and $0 in fiscal year 2025.
new text end

new text begin (c) Base Level Adjustment. The general fund
base is increased $3,750,000 in fiscal year
2024 and $1,250,000 in fiscal year 2025. The
health care access fund base is increased
$1,000,000 in fiscal year 2024, and $0 in fiscal
year 2025.
new text end

new text begin Subd. 20. new text end

new text begin Grant Programs; Other Long-Term
Care Grants
new text end

new text begin -0-
new text end
new text begin 119,336,000
new text end

new text begin (a) new text end new text begin Workforce Incentive Fund Grant
Program.
$118,000,000 in fiscal year 2023
is to assist disability, housing, substance use,
and older adult service providers of public
programs to pay for incentive benefits to
current and new workers. This is a onetime
appropriation and is available until June 30,
2025. Three percent of the total amount of the
appropriation may be used to administer the
program, which may include contracting with
a third-party administrator.
new text end

new text begin (b) Supported Decision Making. $600,000
in fiscal year 2023 is for a grant to Volunteers
for America for the Centers for Excellence in
Supported Decision Making to assist older
adults and people with disabilities in avoiding
unnecessary guardianships through using less
restrictive alternatives, such as supported
decision making. The base for this
appropriation is $600,000 in fiscal year 2024,
$600,000 in fiscal year 2025, and $0 in fiscal
year 2026.
new text end

new text begin (c) Support Coordination Training.
$736,000 in fiscal year 2023 is to develop and
implement a curriculum and training plan for
case managers to ensure all case managers
have the knowledge and skills necessary to
fulfill support planning and coordination
responsibilities for people who use home and
community-based disability services waivers
authorized under Minnesota Statutes, sections
256B.0913, 256B.092, and 256B.49, and
chapter 256S, and live in own-home settings.
Case manager support planning and
coordination responsibilities to be addressed
in the training include developing a plan with
the participant and their family to address
urgent staffing changes or unavailability and
other support coordination issues that may
arise for a participant. The commissioner shall
work with lead agencies, advocacy
organizations, and other stakeholders to
develop the training. An initial support
coordination training and competency
evaluation must be completed by all staff
responsible for case management, and the
support coordination training and competency
evaluation must be available to all staff
responsible for case management following
the initial training. The base for this
appropriation is $377,000 in fiscal year 2024,
$377,000 in fiscal year 2025, and $0 in fiscal
year 2026.
new text end

new text begin (d) Base Level Adjustment. The general fund
base is increased $977,000 in fiscal year 2024
and $977,000 in fiscal year 2025.
new text end

new text begin Subd. 21. new text end

new text begin Grant Programs; Disabilities Grants
new text end

new text begin -0-
new text end
new text begin 8,950,000
new text end

new text begin (a) Electronic Visit Verification (EVV)
Stipends.
$6,440,000 in fiscal year 2023 is
for onetime stipends of $200 to bargaining
members to offset the potential costs related
to people using individual devices to access
EVV. $5,600,000 of the appropriation is for
stipends and the remaining 15 percent is for
administration of these stipends. This is a
onetime appropriation.
new text end

new text begin (b) Self-Directed Collective Bargaining
Agreement; Temporary Rate Increase
Memorandum of Understanding.
$1,610,000
in fiscal year 2023 is for onetime stipends for
individual providers covered by the SEIU
collective bargaining agreement based on the
memorandum of understanding related to the
temporary rate increase in effect between
December 1, 2020, and February 7, 2021.
$1,400,000 of the appropriation is for stipends
and the remaining 15 percent is for
administration of the stipends. This is a
onetime appropriation.
new text end

new text begin (c) Service Employees International Union
Memorandums.
The memorandums of
understanding submitted by the commissioner
of management and budget to the Legislative
Coordinating Commission Subcommittee on
Employee Relations on March 17, 2022, are
ratified.
new text end

new text begin (d) Direct Care Service Corps Pilot Project.
$500,000 in fiscal year 2023 is for a grant to
HealthForce Minnesota at Winona State
University for purposes of the direct care
service corps pilot project in this act. Up to
$25,000 may be used by HealthForce
Minnesota for administrative costs. This is a
onetime appropriation.
new text end

new text begin (e) Task Force on Disability Services
Accessibility.
$250,000 in fiscal year 2023 is
for the Task Force on Disability Services
Accessibility. Of this amount, $....... must be
used to provide pilot project grants. This is a
onetime appropriation and is available until
March 31, 2026.
new text end

new text begin (f) Base Level Adjustment. The general fund
base is increased $805,000 in fiscal year 2024
and $2,420,000 in fiscal year 2025.
new text end

new text begin Subd. 22. new text end

new text begin Grant Programs; Adult Mental Health
Grants
new text end

new text begin 20,000,000
new text end
new text begin 31,076,000
new text end

new text begin (a) Inpatient Psychiatric and Psychiatric
Residential Treatment Facilities.

$10,000,000 in fiscal year 2023 is for
competitive grants to hospitals or mental
health providers to retain, build, or expand
children's inpatient psychiatric beds for
children in need of acute high-level psychiatric
care or psychiatric residential treatment facility
beds as described in Minnesota Statutes,
section 256B.0941. In order to be eligible for
a grant, a hospital or mental health provider
must serve individuals covered by medical
assistance under Minnesota Statutes, section
256B.0625.
new text end

new text begin (b) Expanding Support for Psychiatric
Residential Treatment Facilities.
$800,000
in fiscal year 2023 is for start-up grants to
psychiatric residential treatment facilities as
described in Minnesota Statutes, section
256B.0941. Grantees may use grant money
for emergency workforce shortage uses.
Allowable grant uses related to emergency
workforce shortages may include but are not
limited to hiring and retention bonuses,
recruitment of a culturally responsive
workforce, and allowing providers to increase
the hourly rate in order to be competitive in
the market.
new text end

new text begin (c) Workforce Incentive Fund Grant
Program.
$20,000,000 in fiscal year 2022 is
to provide mental health public program
providers the ability to pay for incentive
benefits to current and new workers. This is
a onetime appropriation and is available until
June 30, 2025. Three percent of the total
amount of the appropriation may be used to
administer the program, which may include
contracting with a third-party administrator.
new text end

new text begin (d) Cultural and Ethnic Infrastructure
Grant Funding.
$10,000,000 in fiscal year
2023 is for increasing cultural and ethnic
infrastructure grant funding under Minnesota
Statutes, section 245.4903. The base for this
appropriation is $5,000,000 in fiscal year 2024
and $5,000,000 in fiscal year 2025.
new text end

new text begin (e) Culturally Specific Grants. $2,000,000
in fiscal year 2023 is for grants for small to
midsize nonprofit organizations who represent
and support American Indian, Indigenous, and
other communities disproportionately affected
by the opiate crisis. These grants utilize
traditional healing practices and other
culturally congruent and relevant supports to
prevent and curb opiate use disorders through
housing, treatment, education, aftercare, and
other activities as determined by the
commissioner. The base for this appropriation
is $2,000,000 in fiscal year 2024 and $0 in
fiscal year 2025.
new text end

new text begin (f) African American Community Mental
Health Center Grant.
$1,000,000 in fiscal
year 2023 is for a grant to an African
American mental health service provider that
is a licensed community mental health center
specializing in services for African American
children and families. The center must offer
culturally specific, comprehensive,
trauma-informed, practice- and
evidence-based, person- and family-centered
mental health and substance use disorder
services; supervision and training; and care
coordination to all ages, regardless of ability
to pay or place of residence. Upon request, the
commissioner shall make information
regarding the use of this grant funding
available to the chairs and ranking minority
members of the legislative committees with
jurisdiction over human services. This is a
onetime appropriation.
new text end

new text begin (g) Behavioral Health Peer Training.
$1,000,000 in fiscal year 2023 is for training
and development for mental health certified
peer specialists, mental health certified family
peer specialists, and recovery peer specialists.
Training and development may include but is
not limited to initial training and certification.
new text end

new text begin (h) Intensive Residential Treatment Services
Locked Facilities.
$2,796,000 in fiscal year
2023 is for start-up funds to intensive
residential treatment service providers to
provide treatment in locked facilities for
patients who have been transferred from a jail
or who have been deemed incompetent to
stand trial and a judge has determined that the
patient needs to be in a secure facility. This is
a onetime appropriation.
new text end

new text begin (i) Base Level Adjustment. The general fund
base is increased $27,092,000 in fiscal year
2024 and $34,216,000 in fiscal year 2025. The
opiate epidemic response base is increased
$2,000,000 in fiscal year 2025.
new text end

new text begin Subd. 23. new text end

new text begin Grant Programs; Child Mental Health
Grants
new text end

new text begin -0-
new text end
new text begin 13,660,000
new text end

new text begin (a) First Episode of Psychosis Grants.
$300,000 in fiscal year 2023 is for first
episode of psychosis grants under Minnesota
Statutes, section 245.4905.
new text end

new text begin (b) Children's Residential Treatment
Services Emergency Funding.
$2,500,000
in fiscal year 2023 is from the general fund to
provide licensed children's residential
treatment facilities with emergency funding
for staff overtime, one-to-one staffing as
needed, staff recruitment and retention, and
training and related costs to maintain quality
staff. Up to $500,000 of this appropriation
may be allocated to support group home
organizations supporting children transitioning
to lower levels of care. This is a onetime
appropriation.
new text end

new text begin (c) Children's Residential Facility Crisis
Stabilization.
$3,000,000 in fiscal year 2023
is for implementing children's residential
facility crisis stabilization services licensing
requirements and reimbursing county costs
for children's residential crisis stabilization
services as required under Minnesota Statutes,
section 245.4882, subdivision 6.
new text end

new text begin (d) new text beginBase Level Adjustment.new text end The general fund
base is increased $16,100,000 in fiscal year
2024 and $1,100,000 in fiscal year 2025.
new text end

new text begin Subd. 24. new text end

new text begin Grant Programs; Chemical
Dependency Treatment Support Grants
new text end

new text begin -0-
new text end
new text begin 2,000,000
new text end

new text begin (a) Emerging Mood Disorder Grant
Program.
$1,000,000 in fiscal year 2023 is
for emerging mood disorder grants under
Minnesota Statutes, section 245.4904.
Grantees must use grant money as required in
Minnesota Statutes, section 245.4904,
subdivision 2.
new text end

new text begin (b) Substance Use Disorder Treatment and
Prevention Grants.
The base shall include
$4,000,000 in fiscal year 2024 and $4,000,000
in fiscal year 2025 for substance use disorder
treatment and prevention grants recommended
by the substance use disorder advisory council.
new text end

new text begin (c) Traditional Healing Grants. The base
shall include $2,000,000 in fiscal year 2025
to extend the traditional healing grant funding
appropriated in Laws 2019, chapter 63, article
3, section 1, paragraph (h), from the opiate
epidemic response account to the
commissioner of human services. This funding
is awarded to all Tribal nations and to five
urban Indian communities for traditional
healing practices to American Indians and to
increase the capacity of culturally specific
providers in the behavioral health workforce.
new text end

new text begin (d) Base Level Adjustment. The general fund
base is increased $2,000,000 in fiscal year
2024 and $2,000,000 in fiscal year 2025.
new text end

new text begin Subd. 25. new text end

new text begin Direct Care and Treatment -
Operations
new text end

new text begin -0-
new text end
new text begin 6,501,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased $5,267,000 in fiscal year
2024 and $0 in fiscal year 2025.
new text end

new text begin Subd. 26. new text end

new text begin Technical Activities
new text end

new text begin -0-
new text end
new text begin -0-
new text end

new text begin (a) Transfers; Child Care and Development
Fund.
For fiscal years 2024 and 2025, the base
shall include a transfer of $23,500,000 in fiscal
year 2024 and $23,500,000 in fiscal year 2025
from the TANF fund to the child care and
development fund. These are onetime
transfers.
new text end

new text begin (b) Base Level Adjustment. The TANF base
is increased $23,500,000 in fiscal year 2024,
$23,500,000 in fiscal year 2025, and $0 in
fiscal year 2026.
new text end

Sec. 3. new text beginCOMMISSIONER OF HEALTH
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 266,507,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2022
new text end
new text begin 2023
new text end
new text begin General
new text end
new text begin -0-
new text end
new text begin 258,888,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 6,044,000
new text end
new text begin Health Care Access
new text end
new text begin -0-
new text end
new text begin 21,575,000
new text end

new text begin Subd. 2. new text end

new text begin Health Improvement
new text end

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 222,757,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 509,000
new text end
new text begin Health Care Access
new text end
new text begin -0-
new text end
new text begin 21,575,000
new text end

new text begin (a) 988 National Suicide Prevention Lifeline.
$8,671,000 in fiscal year 2023 is from the
general fund for the 988 suicide prevention
lifeline in Minnesota Statutes, section 145.56.
Of this appropriation, $455,000 is for
administration and $7,890,000 is for grants.
The general fund base for this appropriation
is $8,671,000 in fiscal year 2024, of which
$455,000 is for administration and $7,890,000
is for grants, and $8,671,000 in fiscal year
2025, of which $455,000 is for administration
and $7,890,000 is for grants.
new text end

new text begin (b) Address Growing Health Care Costs. new text end new text begin
$2,476,000 in fiscal year 2023 is from the
general fund for initiatives aimed at addressing
growth in health care spending while ensuring
stability in rural health care programs. The
general fund base for this appropriation is
$3,057,000 in fiscal year 2024 and $3,057,000
in fiscal year 2025.
new text end

new text begin (c) new text end new text begin Community Health Workers. new text end new text begin $1,462,000
in fiscal year 2023 is from the general fund
for a public health approach to developing
community health workers across Minnesota
under Minnesota Statutes, section 145.9282.
Of this appropriation, $462,000 is for
administration and $1,000,000 is for grants.
The general fund base for this appropriation
is $1,097,000 in fiscal year 2024, of which
$337,000 is for administration and $760,000
is for grants, and $1,098,000 in fiscal year
2025, of which $338,000 is for administration
and $760,000 is for grants.
new text end

new text begin (d) Community Solutions for Healthy Child
Development.
$10,000,000 in fiscal year 2023
is from the general fund for the community
solutions for the healthy child development
grant program under Minnesota Statutes,
section 145.9271. Of this appropriation,
$1,250,000 is for administration and
$8,750,000 is for grants. The general fund base
appropriation is $10,000,000 in fiscal year
2024 and $10,000,000 in fiscal year 2025, of
which $1,250,000 is for administration and
$8,750,000 is for grants in each fiscal year.
new text end

new text begin (e) Disability as a Health Equity Issue.
$1,575,000 in fiscal year 2023 is from the
general fund to reduce disability-related health
disparities through collaboration and
coordination between state and community
partners under Minnesota Statutes, section
145.9283. Of this appropriation, $1,130,000
is for administration and $445,000 is for
grants. The general fund base for this
appropriation is $1,585,000 in fiscal year 2024
and $1,585,000 in fiscal year 2025, of which
$1,140,000 is for administration and $445,000
is for grants.
new text end

new text begin (f) Drug Overdose and Substance Abuse
Prevention.
$5,042,000 in fiscal year 2023 is
from the general fund for a public health
prevention approach to drug overdose and
substance use disorder in Minnesota Statutes,
section 144.8611. Of this appropriation,
$921,000 is for administration and $4,121,000
is for grants.
new text end

new text begin (g) Healthy Beginnings, Healthy Families.
$11,700,000 in fiscal year 2023 is from the
general fund for Healthy Beginnings, Healthy
Families services under Minnesota Statutes,
section 145.987. The general fund base for
this appropriation is $11,818,000 in fiscal year
2024 and $11,763,000 in fiscal year 2025. Of
this appropriation:
new text end

new text begin (1) $7,510,000 in fiscal year 2023 is for the
Minnesota Collaborative to Prevent Infant
Mortality under Minnesota Statutes, section
145.987, subdivisions 2, 3, and 4, of which
$1,535,000 is for administration and
$5,975,000 is for grants. The general fund base
for this appropriation is $7,501,000 in fiscal
year 2024, of which $1,526,000 is for
administration and $5,975,000 is for grants,
and $7,501,000 in fiscal year 2025, of which
$1,526,000 is for administration and
$5,975,000 is for grants.
new text end

new text begin (2) $340,000 in fiscal year 2023 is for Help
Me Connect under Minnesota Statutes, section
145.987, subdivisions 5 and 6. The general
fund base for this appropriation is $663,000
in fiscal year 2024 and $663,000 in fiscal year
2025.
new text end

new text begin (3) $1,940,000 in fiscal year 2023 is for
voluntary developmental and social-emotional
screening and follow-up under Minnesota
Statutes, section 145.987, subdivisions 7 and
8, of which $1,190,000 is for administration
and $750,000 is for grants. The general fund
base for this appropriation is $1,764,000 in
fiscal year 2024, of which $1,014,000 is for
administration and $750,000 is for grants, and
$1,764,000 in fiscal year 2025, of which
$1,014,000 is for administration and $750,000
is for grants.
new text end

new text begin (4) $1,910,000 in fiscal year 2023 is for model
jail practices for incarcerated parents under
Minnesota Statutes, section 145.987,
subdivisions 9, 10, and 11, of which $485,000
is for administration and $1,425,000 is for
grants. The general fund base for this
appropriation is $1,890,000 in fiscal year
2024, of which $465,000 is for administration
and $1,425,000 is for grants, and $1,835,000
in fiscal year 2025, of which $410,000 is for
administration and $1,425,000 is for grants.
new text end

new text begin (h) Home Visiting. $62,386,000 in fiscal year
2023 is from the general fund for universal,
voluntary home visiting services under
Minnesota Statutes, section 145.871. Of this
appropriation, ten percent is for administration
and 90 percent is for implementation grants
of home visiting services to families. The
general fund base for this appropriation is
$63,386,000 in fiscal year 2024 and
$63,386,000 in fiscal year 2025.
new text end

new text begin (i) Long COVID. $2,669,000 in fiscal year
2023 is from the general fund for a public
health approach to supporting long COVID
survivors under Minnesota Statutes, section
145.361. Of this appropriation, $2,119,000 is
for administration and $550,000 is for grants.
The base for this appropriation is $3,706,000
in fiscal year 2024 and $3,706,000 in fiscal
year 2025, of which $3,156,000 is for
administration and $550,000 is for grants in
each fiscal year.
new text end

new text begin (j) Medical Education Research Cost
(MERC).
Of the amount previously
appropriated in the general fund by Laws
2015, chapter 71, article 3, section 2, for the
MERC program, $150,000 in fiscal year 2023
and each year thereafter is for the
administration of grants under Minnesota
Statutes, section 62J.692.
new text end

new text begin (k) No Surprises Act Enforcement. $964,000
in fiscal year 2023 is from the general fund
for implementation of the federal No Surprises
Act portion of the Consolidated
Appropriations Act, 2021, under Minnesota
Statutes, section 62Q.021, subdivision 3. The
general fund base for this appropriation is
$763,000 in fiscal year 2024 and $757,000 in
fiscal year 2025.
new text end

new text begin (l) Public Health System Transformation.
$23,531,000 in fiscal year 2023 is from the
general fund for public health system
transformation. Of this appropriation:
new text end

new text begin (1) $20,000,000 is for grants to community
health boards under Minnesota Statutes,
section 145A.131, subdivision 1, paragraph
(f).
new text end

new text begin (2) $1,000,000 is for grants to Tribal
governments under Minnesota Statutes, section
145A.14, subdivision 2b.
new text end

new text begin (3) $1,000,000 is for a public health
AmeriCorps program grant under Minnesota
Statutes, section 145.9292.
new text end

new text begin (4) $1,531,000 is for the commissioner to
oversee and administer activities under this
paragraph.
new text end

new text begin (m) Revitalize Health Care Workforce.
$21,575,000 in fiscal year 2023 is from the
health care access fund to address challenges
of Minnesota's health care workforce. Of this
appropriation:
new text end

new text begin (1) $2,073,000 in fiscal year 2023 is for the
health professionals clinical training expansion
and rural and underserved clinical rotations
grant programs under Minnesota Statutes,
section 144.1505, of which $423,000 is for
administration and $1,650,000 is for grants.
Grant appropriations are available until
expended under Minnesota Statutes, section
144.1505, subdivision 2.
new text end

new text begin (2) $4,507,000 in fiscal year 2023 is for the
primary care rural residency training grant
program under Minnesota Statutes, section
144.1507, of which $207,000 is for
administration and $4,300,000 is for grants.
Grant appropriations are available until
expended under Minnesota Statutes, section
144.1507, subdivision 2.
new text end

new text begin (3) $430,000 in fiscal year 2023 is for the
international medical graduates assistance
program under Minnesota Statutes, section
144.1911, for international immigrant medical
graduates to fill a gap in their preparedness
for medical residencies or transition to a new
career making use of their medical degrees.
Of this appropriation, $55,000 is for
administration and $375,000 is for grants.
new text end

new text begin (4) $12,565,000 in fiscal year 2023 is for a
grant program to health care systems,
hospitals, clinics, and other providers to ensure
the availability of clinical training for students,
residents, and graduate students to meet health
professions educational requirements under
Minnesota Statutes, section 144.1511, of
which $565,000 is for administration and
$12,000,000 is for grants.
new text end

new text begin (5) $2,000,000 in fiscal year 2023 is for the
mental health cultural community continuing
education grant program, of which $460,000
is for administration and $1,540,000 is for
grants.
new text end

new text begin (n) School Health. $837,000 in fiscal year
2023 is from the general fund for the School
Health Initiative under Minnesota Statutes,
section 145.988. The general fund base for
this appropriation is $3,462,000 in fiscal year
2024, of which $1,212,000 is for
administration and $2,250,000 is for grants
and $3,287,000 in fiscal year 2025, of which
$1,037,000 is for administration and
$2,250,000 is for grants.
new text end

new text begin (o) Trauma System. $61,000 in fiscal year
2023 is from the general fund to administer
the trauma care system throughout the state
under Minnesota Statutes, sections 144.602,
144.603, 144.604, 144.606, and 144.608.
$430,000 in fiscal year 2023 is from the state
government special revenue fund for trauma
designations according to Minnesota Statutes,
sections 144.122, paragraph (g), 144.605, and
144.6071.
new text end

new text begin (p) Mental Health Providers; Loan
Forgiveness, Grants, Information
Clearinghouse.
$4,275,000 in fiscal year 2023
is from the general fund for activities to
increase the number of mental health
professionals in the state. Of this
appropriation:
new text end

new text begin (1) $1,000,000 is for loan forgiveness under
the health professional education loan
forgiveness program under Minnesota Statutes,
section 144.1501, notwithstanding the
priorities and distribution requirements in that
section, for eligible mental health
professionals who provide clinical supervision
in their designated field;
new text end

new text begin (2) $3,000,000 is for the mental health
provider supervision grant program under
Minnesota Statutes, section 144.1508;
new text end

new text begin (3) $250,000 is for the mental health
professional scholarship grant program under
Minnesota Statutes, section 144.1509; and
new text end

new text begin (4) $25,000 is for the commissioner to
establish and maintain a website to serve as
an information clearinghouse for mental health
professionals and individuals seeking to
qualify as a mental health professional. The
website must contain information on the
various master's level programs to become a
mental health professional, requirements for
supervision, where to find supervision, how
to access tools to study for the applicable
licensing examination, links to loan
forgiveness programs and tuition
reimbursement programs, and other topics of
use to individuals seeking to become a mental
health professional. This is a onetime
appropriation.
new text end

new text begin (q) Palliative Care Advisory Council.
$44,000 in fiscal year 2023 is from the general
fund for the Palliative Care Advisory Council
under Minnesota Statutes, section 144.059.
new text end

new text begin (r) Emmett Louis Till Victims Recovery
Program.
$500,000 in fiscal year 2023 is from
the general fund for the Emmett Louis Till
Victims Recovery Program. This is a onetime
appropriation and is available until June 30,
2024.
new text end

new text begin (s) Changes to Birth Certificates. $75,000
in fiscal year 2023 is from the state
government special revenue fund for
implementation of Minnesota Statutes, section
144.2182. The state government special
revenue fund base for this appropriation is
$7,000 in fiscal year 2024 and $7,000 in fiscal
year 2025.
new text end

new text begin (t) Study; POLST Forms. $292,000 in fiscal
year 2023 is from the general fund for the
commissioner to study the creation of a
statewide registry of provider orders for
life-sustaining treatment and issue a report and
recommendations.
new text end

new text begin (u) Benefit and Cost Analysis of Universal
Health Reform Proposal.
$461,000 in fiscal
year 2023 is from the general fund for an
analysis of the benefits and costs of a universal
health care financing system and a similar
analysis of the current health care financing
system. Of this appropriation, $250,000 is for
a contract with the University of Minnesota
School of Public Health and the Carlson
School of Management. The general fund base
for this appropriation is $288,000 in fiscal year
2024, of which $250,000 is for a contract with
the University of Minnesota School of Public
Health and the Carlson School of
Management, and $0 in fiscal year 2025.
new text end

new text begin (v) Technical Assistance; Health Care
Trends and Costs.
$5,000,000 in fiscal year
2023 is from the general fund for technical
assistance to the Health Care Affordability
Board in analyzing health care trends and costs
and setting health care spending growth
targets.
new text end

new text begin (w) Sexual Exploitation and Trafficking
Study.
$300,000 in fiscal year 2023 is to fund
a prevalence study on youth and adult victim
survivors of sexual exploitation and
trafficking. This is a onetime appropriation
and is available until June 30, 2024.
new text end

new text begin (x) Local and Tribal Public Health
Emergency Preparedness and Response.

$9,000,000 in fiscal year 2023 is from the
general fund for distribution to local and Tribal
public health organizations for emergency
preparedness and response capabilities. At
least 90 percent of this appropriation must be
distributed to local and Tribal public health
organizations, and up to ten percent of this
appropriation may be used by the
commissioner for administrative costs. Use of
this appropriation must align with the Centers
for Disease Control and Prevention's issued
report: Public Health Emergency Preparedness
and Response Capabilities: National Standards
for State, Local, Tribal, and Territorial Public
Health.
new text end

new text begin (y) Grants to Local Public Health
Departments.
$16,172,000 in fiscal year 2023
is from the general fund for grants to local
public health departments for public health
response related to defining elevated blood
lead level as 3.5 micrograms of lead or greater
per deciliter of whole blood. Of this amount,
$172,000 is available to the commissioner for
administrative costs. This appropriation is
available until June 30, 2025. The general fund
base for this appropriation is $5,000,000 in
fiscal year 2024 and $5,000,000 in fiscal year
2025.
new text end

new text begin (z) Loan Forgiveness for Nursing
Instructors.
Notwithstanding the priorities
and distribution requirements in Minnesota
Statutes, section 144.1501, $50,000 in fiscal
year 2023 is from the general fund for loan
forgiveness under the health professional
education loan forgiveness program under
Minnesota Statutes, section 144.1501, for
eligible nurses who agree to teach.
new text end

new text begin (aa) Mental Health of Health Care Workers.
$1,000,000 in fiscal year 2023 is from the
general fund for competitive grants to
hospitals, community health centers, rural
health clinics, and medical professional
associations to establish or enhance
evidence-based or evidence-informed
programs dedicated to improving the mental
health of health care professionals.
new text end

new text begin (bb) Prevention of Violence in Health Care.
$50,000 in fiscal year 2023 is from the general
fund to continue the prevention of violence in
health care programs and to create violence
prevention resources for hospitals and other
health care providers to use to train their staff
on violence prevention.
new text end

new text begin (cc) Hospital Nursing Loan Forgiveness.
$5,000,000 in fiscal year 2023 is from the
general fund for the hospital nursing loan
forgiveness program under Minnesota Statutes,
section 144.1501.
new text end

new text begin (dd) Program to Distribute COVID-19
Tests, Masks, and Respirators.
$15,000,000
in fiscal year 2023 is from the general fund
for a program to distribute COVID-19 tests,
masks, and respirators to individuals in the
state. This is a onetime appropriation.
new text end

new text begin (ee) Safe Harbor Grants. $1,000,000 in fiscal
year 2023 is for grants to fund supportive
services, including but not limited to legal
services, mental health therapy, substance use
disorder counseling, and case management for
sexually exploited youth or youth at risk of
sexual exploitation under Minnesota Statutes,
section 145.4716.
new text end

new text begin (ff) Safe Harbor Regional Navigators.
$700,000 in fiscal year 2023 is for safe harbor
regional navigators under Minnesota Statutes,
section 145.4717.
new text end

new text begin (gg) Base Level Adjustments. The general
fund base is increased $195,645,000 in fiscal
year 2024 and $195,063,000 in fiscal year
2025. The health care access fund base is
increased $21,575,000 in fiscal year 2024 and
$21,575,000 in fiscal year 2025. The state
government special revenue fund base is
increased $437,000 in fiscal year 2024 and
$437,000 in fiscal year 2025.
new text end

new text begin Subd. 3. new text end

new text begin Health Protection
new text end

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 36,131,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 5,535,000
new text end

new text begin (a) Climate Resiliency. $1,977,000 in fiscal
year 2023 is from the general fund for climate
resiliency actions under Minnesota Statutes,
section 144.9981. Of this appropriation,
$977,000 is for administration and $1,000,000
is for grants. The general fund base for this
appropriation is $988,000 in fiscal year 2024,
of which $888,000 is for administration and
$100,000 is for grants, and $989,000 in fiscal
year 2025, of which $889,000 is for
administration and $100,000 is for grants.
new text end

new text begin (b) Lead Remediation in Schools and Child
Care Settings.
$2,054,000 in fiscal year 2023
is from the general fund for a lead in drinking
water remediation in schools and child care
settings grant program under Minnesota
Statutes, section 145.9272. Of this
appropriation, $454,000 is for administration
and $1,600,000 is for grants. The general fund
base for this appropriation is $1,540,000 in
fiscal year 2024, of which $370,000 is for
administration and $1,170,000 is for grants,
and $1,541,000 in fiscal year 2025, of which
$371,000 is for administration and $1,170,000
is for grants.
new text end

new text begin (c) Lead Service Line Inventory. $4,029,000
in fiscal year 2023 is from the general fund
for grants to public water suppliers to complete
a lead service line inventory of their
distribution systems under Minnesota Statutes,
section 144.383, clause (6). Of this
appropriation, $279,000 is for administration
and $3,750,000 is for grants. The general fund
base for this appropriation is $4,029,000 in
fiscal year 2024, of which $279,000 is for
administration and $3,750,000 is for grants,
and $140,000 in fiscal year 2025, which is for
administration.
new text end

new text begin (d) Lead Service Line Replacement.
$5,000,000 in fiscal year 2023 is from the
general fund for administrative costs related
to the replacement of lead service lines in the
state.
new text end

new text begin (e) Mercury in Skin-Lightening Products
Grants.
$100,000 in fiscal year 2023 is from
the general fund for a skin-lightening products
public awareness and education grant program
under Minnesota Statutes, section 145.9275.
new text end

new text begin (f) HIV Prevention for People Experiencing
Homelessness.
$1,129,000 in fiscal year 2023
is from the general fund for expanding access
to harm reduction services and improving
linkages to care to prevent HIV/AIDS,
hepatitis, and other infectious diseases for
those experiencing homelessness or housing
instability under Minnesota Statutes, section
145.924, paragraph (d). Of this appropriation,
$169,000 is for administration and $960,000
is for grants.
new text end

new text begin (g) Safety Improvements for State-Licensed
Long-Term Care Facilities.
$5,500,000 in
fiscal year 2023 is from the general fund for
a temporary grant program for safety
improvements for state-licensed long-term
care facilities. Of this appropriation, $500,000
is for administration and $5,000,000 is for
grants. The general fund base for this
appropriation is $8,200,000 in fiscal year 2024
and $0 in fiscal year 2025. Of this
appropriation in fiscal year 2024, $700,000 is
for administration and $7,500,000 is for
grants. This appropriation is available until
June 30, 2025.
new text end

new text begin (h) Mortuary Science. $219,000 in fiscal year
2023 is from the state government special
revenue fund for regulation of transfer care
specialists under Minnesota Statutes, chapter
149A, and for additional reporting
requirements under Minnesota Statutes,
section 149A.94. The state government special
revenue fund base for this appropriation is
$132,000 in fiscal year 2024 and $61,000 in
fiscal year 2025.
new text end

new text begin (i) Drinking Water Lead Testing and
Remediation; Day Care Facilities.

$1,000,000 in fiscal year 2023 is from the
general fund for statewide testing of day care
facilities for the presence of lead in drinking
water and for remediation of contamination
where found.
new text end

new text begin (j) Public Health Response Contingency
Account.
$20,000,000 in fiscal year 2023 is
from the general fund for transfer to the public
health response contingency account under
Minnesota Statutes, section 144.4199.
new text end

new text begin (k) Base Level Adjustments. The general
fund base is increased $17,269,000 in fiscal
year 2024 and $5,065,000 in fiscal year 2025.
The state government special revenue fund
base is increased $5,242,000 in fiscal year
2024 and $5,171,000 in fiscal year 2025.
new text end

Sec. 4. new text beginHEALTH-RELATED BOARDS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 203,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General Fund
new text end
new text begin -0-
new text end
new text begin 175,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin -0-
new text end
new text begin 28,000
new text end

new text begin This appropriation is from the state
government special revenue fund unless
specified otherwise. 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 Dentistry
new text end

new text begin -0-
new text end
new text begin 3,000
new text end

new text begin Subd. 3. new text end

new text begin Board of Dietetics and Nutrition
Practice
new text end

new text begin -0-
new text end
new text begin 25,000
new text end

new text begin Subd. 4. new text end

new text begin Board of Pharmacy
new text end

new text begin -0-
new text end
new text begin 175,000
new text end

new text begin This appropriation is from the general fund.
new text end

new text begin Medication repository program. new text end new text begin $175,000
in fiscal year 2023 is from the general fund
for transfer by the Board of Pharmacy to the
central repository to be used to administer the
medication repository program according to
the contract between the central repository and
the Board of Pharmacy.
new text end

Sec. 5. new text beginCOUNCIL ON DISABILITY
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 375,000
new text end

Sec. 6. new text beginEMERGENCY MEDICAL SERVICES
REGULATORY BOARD
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 200,000
new text end

new text begin This is a onetime appropriation.
new text end

Sec. 7. new text beginBOARD OF DIRECTORS OF MNSURE
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 7,775,000
new text end

new text begin This appropriation may be transferred to the
MNsure account established in Minnesota
Statutes, section 62V.07.
new text end

new text begin Base Adjustment. The general fund base for
this appropriation is $10,982,000 in fiscal year
2024, $6,450,000 in fiscal year 2025, and $0
in fiscal year 2026.
new text end

Sec. 8. new text beginHEALTH CARE AFFORDABILITY
BOARD.
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 1,070,000
new text end

new text begin (a) Health Care Affordability Board.
$1,070,000 in fiscal year 2023 is from the
general fund for the Health Care Affordability
Board to implement Minnesota Statutes,
sections 62J.86 to 62J.72.
new text end

new text begin (b) new text end new text begin Base Level Adjustment. The general fund
base is increased $347,000 in fiscal year 2024
and $415,000 in fiscal year 2025.
new text end

Sec. 9. new text beginCOMMISSIONER OF COMMERCE
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 251,000
new text end

new text begin (a) Prescription Drug Affordability Board.
$197,000 in fiscal year 2023 is from the
general fund for the commissioner of
commerce to establish the Prescription Drug
Affordability Board under Minnesota Statutes,
section 62J.87, and for the Prescription Drug
Affordability Board to implement the
Prescription Drug Affordability Act.
Following the first meeting of the board and
prior to June 30, 2023, the commissioner of
commerce shall transfer any funds remaining
from this appropriation to the board. The
general fund base for this appropriation is
$357,000 in fiscal year 2024 and $357,000 in
fiscal year 2025.
new text end

new text begin (b) Ectodermal Dysplasias. $54,000 in fiscal
year 2023 is from the general fund for costs
related to insurance coverage of ectodermal
dysplasias. The general fund base for this
appropriation is $58,000 in fiscal year 2024
and $62,000 in fiscal year 2025.
new text end

Sec. 10. new text beginCOMMISSIONER OF LABOR AND
INDUSTRY
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 641,000
new text end

new text begin Nursing Home Workforce Standards
Board.
$641,000 in fiscal year 2023 is for
establishment and operation of the Nursing
Home Workforce Standards Board in
Minnesota Statutes, sections 181.211 to
181.217. The general fund base for this
appropriation is $322,000 in fiscal year 2024
and $368,000 in fiscal year 2025.
new text end

Sec. 11. new text beginATTORNEY GENERAL
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 456,000
new text end

new text begin (a) Expert Witnesses. $200,000 in fiscal year
2023 is for expert witnesses and investigations
under Minnesota Statutes, section 62J.844.
This is a onetime appropriation.
new text end

new text begin (b) Prescription Drug Enforcement.
$256,000 in fiscal year 2023 is for prescription
drug enforcement. This is a onetime
appropriation.
new text end

Sec. 12.

Laws 2021, First Special Session chapter 2, article 1, section 4, subdivision 2, is
amended to read:


Subd. 2.

Operations and Maintenance

621,968,000
621,968,000

(a) $15,000,000 in fiscal year 2022 and
$15,000,000 in fiscal year 2023 are to: (1)
increase the medical school's research
capacity; (2) improve the medical school's
ranking in National Institutes of Health
funding; (3) ensure the medical school's
national prominence by attracting and
retaining world-class faculty, staff, and
students; (4) invest in physician training
programs in rural and underserved
communities; and (5) translate the medical
school's research discoveries into new
treatments and cures to improve the health of
Minnesotans.

(b) $7,800,000 in fiscal year 2022 and
$7,800,000 in fiscal year 2023 are for health
training restoration. This appropriation must
be used to support all of the following: (1)
faculty physicians who teach at eight residency
program sites, including medical resident and
student training programs in the Department
of Family Medicine; (2) the Mobile Dental
Clinic; and (3) expansion of geriatric
education and family programs.

(c) $4,000,000 in fiscal year 2022 and
$4,000,000 in fiscal year 2023 are for the
Minnesota Discovery, Research, and
InnoVation Economy funding program for
cancer care research.

(d) $500,000 in fiscal year 2022 and $500,000
in fiscal year 2023 are for the University of
Minnesota, Morris branch, to cover the costs
of tuition waivers under Minnesota Statutes,
section 137.16.

(e) $150,000 in fiscal year 2022 and $150,000
in fiscal year 2023 are for the Chloe Barnes
Advisory Council on Rare Diseases under
Minnesota Statutes, section 137.68. new text beginThe fiscal
year 2023 appropriation shall be transferred
to the Council on Disability.
new text endThe base for this
appropriation is $0 in fiscal year 2024 and
later.

(f) The total operations and maintenance base
for fiscal year 2024 and later is $620,818,000.

Sec. 13.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 29,
is amended to read:


Subd. 29.

Grant Programs; Disabilities Grants

31,398,000
31,010,000

(a) Training Stipends for Direct Support
Services Providers.
$1,000,000 in fiscal year
2022 is from the general fund for stipends for
individual providers of direct support services
as defined in Minnesota Statutes, section
256B.0711, subdivision 1. These stipends are
available to individual providers who have
completed designated voluntary trainings
made available through the State-Provider
Cooperation Committee formed by the State
of Minnesota and the Service Employees
International Union Healthcare Minnesota.
Any unspent appropriation in fiscal year 2022
is available in fiscal year 2023. This is a
onetime appropriation. This appropriation is
available only if the labor agreement between
the state of Minnesota and the Service
Employees International Union Healthcare
Minnesota under Minnesota Statutes, section
179A.54, is approved under Minnesota
Statutes, section 3.855.

(b) Parent-to-Parent Peer Support. $125,000
in fiscal year 2022 and $125,000 in fiscal year
2023 are from the general fund for a grant to
an alliance member of Parent to Parent USA
to support the alliance member's
parent-to-parent peer support program for
families of children with a disability or special
health care need.

(c) Self-Advocacy Grants. (1) $143,000 in
fiscal year 2022 and $143,000 in fiscal year
2023 are from the general fund for a grant
under Minnesota Statutes, section 256.477,
subdivision 1
.

(2) $105,000 in fiscal year 2022 and $105,000
in fiscal year 2023 are from the general fund
for subgrants under Minnesota Statutes,
section 256.477, subdivision 2.

(d) Minnesota Inclusion Initiative Grants.
$150,000 in fiscal year 2022 and $150,000 in
fiscal year 2023 are from the general fund for
grants under Minnesota Statutes, section
256.4772.

(e) Grants to Expand Access to Child Care
for Children with Disabilities.
$250,000 in
fiscal year 2022 and $250,000 in fiscal year
2023 are from the general fund for grants to
expand access to child care for children with
disabilities.new text begin Any unspent amount in fiscal year
2022 is available through June 30, 2023.
new text end This
is a onetime appropriation.

(f) Parenting with a Disability Pilot Project.
The general fund base includes $1,000,000 in
fiscal year 2024 and $0 in fiscal year 2025 to
implement the parenting with a disability pilot
project.

(g) Base Level Adjustment. The general fund
base is $29,260,000 in fiscal year 2024 and
$22,260,000 in fiscal year 2025.

Sec. 14.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 31,
is amended to read:


Subd. 31.

Grant Programs; Adult Mental Health
Grants

Appropriations by Fund
General
98,772,000
98,703,000
Opiate Epidemic
Response
2,000,000
2,000,000

(a) Culturally and Linguistically
Appropriate Services Implementation
Grants.
$2,275,000 in fiscal year 2022 and
$2,206,000 in fiscal year 2023 are from the
general fund for grants to disability services,
mental health, and substance use disorder
treatment providers to implement culturally
and linguistically appropriate services
standards, according to the implementation
and transition plan developed by the
commissioner.new text begin Any unspent amount in fiscal
year 2022 is available through June 30, 2023.
new text end
The general fund base for this appropriation
is $1,655,000 in fiscal year 2024 and $0 in
fiscal year 2025.

(b) Base Level Adjustment. The general fund
base is $93,295,000 in fiscal year 2024 and
$83,324,000 in fiscal year 2025. The opiate
epidemic response fund base is $2,000,000 in
fiscal year 2024 and $0 in fiscal year 2025.

Sec. 15.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 33,
is amended to read:


Subd. 33.

Grant Programs; Chemical
Dependency Treatment Support Grants

Appropriations by Fund
General
4,273,000
4,274,000
Lottery Prize
1,733,000
1,733,000
Opiate Epidemic
Response
500,000
500,000

(a) Problem Gambling. $225,000 in fiscal
year 2022 and $225,000 in fiscal year 2023
are from the lottery prize fund for a grant to
the state affiliate recognized by the National
Council on Problem Gambling. The affiliate
must provide services to increase public
awareness of problem gambling, education,
training for individuals and organizations
providing effective treatment services to
problem gamblers and their families, and
research related to problem gambling.

(b) Recovery Community Organization
Grants.
$2,000,000 in fiscal year 2022 and
$2,000,000 in fiscal year 2023 are from the
general fund for grants to recovery community
organizations, as defined in Minnesota
Statutes, section 254B.01, subdivision 8, to
provide for costs and community-based peer
recovery support services that are not
otherwise eligible for reimbursement under
Minnesota Statutes, section 254B.05, as part
of the continuum of care for substance use
disorders.new text begin Any unspent amount in fiscal year
2022 is available through June 30, 2023.
new text end The
general fund base for this appropriation is
$2,000,000 in fiscal year 2024 and $0 in fiscal
year 2025

(c) Base Level Adjustment. The general fund
base is $4,636,000 in fiscal year 2024 and
$2,636,000 in fiscal year 2025. The opiate
epidemic response fund base is $500,000 in
fiscal year 2024 and $0 in fiscal year 2025.

Sec. 16.

Laws 2021, First Special Session chapter 7, article 17, section 3, is amended to
read:


Sec. 3. GRANTS FOR TECHNOLOGY FOR HCBS RECIPIENTS.

(a) This act includes $500,000 in fiscal year 2022 and $2,000,000 in fiscal year 2023
for the commissioner of human services to issue competitive grants to home and
community-based service providers. Grants must be used to provide technology assistance,
including but not limited to Internet services, to older adults and people with disabilities
who do not have access to technology resources necessary to use remote service delivery
and telehealth.new text begin Any unspent amount in fiscal year 2022 is available through June 30, 2023.new text end
The general fund base included in this act for this purpose is $1,500,000 in fiscal year 2024
and $0 in fiscal year 2025.

(b) All grant activities must be completed by March 31, 2024.

(c) This section expires June 30, 2024.

Sec. 17.

Laws 2021, First Special Session chapter 7, article 17, section 6, is amended to
read:


Sec. 6. TRANSITION TO COMMUNITY INITIATIVE.

(a) This act includes $5,500,000 in fiscal year 2022 and $5,500,000 in fiscal year 2023
for additional funding for grants awarded under the transition to community initiative
described in Minnesota Statutes, section 256.478.new text begin Any unspent amount in fiscal year 2022
is available through June 30, 2023.
new text end The general fund base in this act for this purpose is
$4,125,000 in fiscal year 2024 and $0 in fiscal year 2025.

(b) All grant activities must be completed by March 31, 2024.

(c) This section expires June 30, 2024.

Sec. 18.

Laws 2021, First Special Session chapter 7, article 17, section 10, is amended to
read:


Sec. 10. PROVIDER CAPACITY GRANTS FOR RURAL AND UNDERSERVED
COMMUNITIES.

(a) This act includes $6,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023
for the commissioner to establish a grant program for small provider organizations that
provide services to rural or underserved communities with limited home and
community-based services provider capacity. The grants are available to build organizational
capacity to provide home and community-based services in Minnesota and to build new or
expanded infrastructure to access medical assistance reimbursement.new text begin Any unspent amount
in fiscal year 2022 is available through June 30, 2023.
new text end The general fund base in this act for
this purpose is $8,000,000 in fiscal year 2024 and $0 in fiscal year 2025.

(b) The commissioner shall conduct community engagement, provide technical assistance,
and establish a collaborative learning community related to the grants available under this
section and work with the commissioner of management and budget and the commissioner
of the Department of Administration to mitigate barriers in accessing grant funds. Funding
awarded for the community engagement activities described in this paragraph is exempt
from state solicitation requirements under Minnesota Statutes, section 16B.97, for activities
that occur in fiscal year 2022.

(c) All grant activities must be completed by March 31, 2024.

(d) This section expires June 30, 2024.

Sec. 19.

Laws 2021, First Special Session chapter 7, article 17, section 11, is amended to
read:


Sec. 11. EXPAND MOBILE CRISIS.

(a) This act includes $8,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023
for additional funding for grants for adult mobile crisis services under Minnesota Statutes,
section 245.4661, subdivision 9, paragraph (b), clause (15).new text begin Any unspent amount in fiscal
year 2022 is available through June 30, 2023.
new text end The general fund base in this act for this
purpose is $4,000,000 in fiscal year 2024 and $0 in fiscal year 2025.

(b) Beginning April 1, 2024, counties may fund and continue conducting activities
funded under this section.

(c) All grant activities must be completed by March 31, 2024.

(d) This section expires June 30, 2024.

Sec. 20.

Laws 2021, First Special Session chapter 7, article 17, section 12, is amended to
read:


Sec. 12. PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AND CHILD
AND ADOLESCENT MOBILE TRANSITION UNIT.

(a) This act includes $2,500,000 in fiscal year 2022 and $2,500,000 in fiscal year 2023
for the commissioner of human services to create children's mental health transition and
support teams to facilitate transition back to the community of children from psychiatric
residential treatment facilities, and child and adolescent behavioral health hospitals.new text begin Any
unspent amount in fiscal year 2022 is available through June 30, 2023.
new text end The general fund
base included in this act for this purpose is $1,875,000 in fiscal year 2024 and $0 in fiscal
year 2025.

(b) Beginning April 1, 2024, counties may fund and continue conducting activities
funded under this section.

(c) This section expires March 31, 2024.

Sec. 21.

Laws 2021, First Special Session chapter 7, article 17, section 17, subdivision 3,
is amended to read:


Subd. 3.

Respite services for older adults grants.

(a) This act includes $2,000,000 in
fiscal year 2022 and $2,000,000 in fiscal year 2023 for the commissioner of human services
to establish a grant program for respite services for older adults. The commissioner must
award grants on a competitive basis to respite service providers.new text begin Any unspent amount in
fiscal year 2022 is available through June 30, 2023.
new text end The general fund base included in this
act for this purpose is $2,000,000 in fiscal year 2024 and $0 in fiscal year 2025.

(b) All grant activities must be completed by March 31, 2024.

(c) This subdivision expires June 30, 2024.

Sec. 22. new text beginAPPROPRIATIONS FOR ADVISORY COUNCIL ON RARE DISEASES.
new text end

new text begin In accordance with Minnesota Statutes, section 15.039, subdivision 6, the unexpended
balance of money appropriated from the general fund to the Board of Regents of the
University of Minnesota for purposes of the advisory council on rare diseases under
Minnesota Statutes, section 137.68, shall be under control of the Minnesota Rare Disease
Advisory Council and the Council on Disability.
new text end

Sec. 23. new text beginAPPROPRIATION ENACTED MORE THAN ONCE.
new text end

new text begin If an appropriation is enacted more than once in the 2022 legislative session, the
appropriation must be given effect only once.
new text end

Sec. 24. new text beginSUNSET OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2023, unless a
different effective date is explicit.
new text end

Sec. 25. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: H4579-1

169A.70 ALCOHOL SAFETY PROGRAMS; CHEMICAL USE ASSESSMENTS.

Subd. 6.

Method of assessment.

(a) As used in this subdivision, "collateral contact" means an oral or written communication initiated by an assessor for the purpose of gathering information from an individual or agency, other than the offender, to verify or supplement information provided by the offender during an assessment under this section. The term includes contacts with family members and criminal justice agencies.

(b) An assessment conducted under this section must include at least one personal interview with the offender designed to make a determination about the extent of the offender's past and present chemical and alcohol use or abuse. It must also include collateral contacts and a review of relevant records or reports regarding the offender including, but not limited to, police reports, arrest reports, driving records, chemical testing records, and test refusal records. If the offender has a probation officer, the officer must be the subject of a collateral contact under this subdivision. If an assessor is unable to make collateral contacts, the assessor shall specify why collateral contacts were not made.

245A.03 WHO MUST BE LICENSED.

Subd. 5.

Excluded housing with services programs; right to seek licensure.

Nothing in this section shall prohibit a housing with services program that is excluded from licensure under subdivision 2, paragraph (a), clause (25), from seeking a license under this chapter. The commissioner shall ensure that any application received from such an excluded provider is processed in the same manner as all other applications for licensed adult foster care.

245F.15 STAFF QUALIFICATIONS.

Subd. 2.

Continuing employment; no substance use problems.

License holders must require staff to be free from substance use problems as a condition of continuing employment. Staff are not required to sign statements attesting to their freedom from substance use problems after the initial statement required by subdivision 1. Staff with substance use problems must be immediately removed from any responsibilities that include direct patient contact.

245G.11 STAFF QUALIFICATIONS.

Subd. 2.

Employment; prohibition on problematic substance use.

A staff member with direct contact must be free from problematic substance use as a condition of employment, but is not required to sign additional statements. A staff member with direct contact who is not free from problematic substance use must be removed from any responsibilities that include direct contact for the time period specified in subdivision 1. The time period begins to run on the date of the last incident of problematic substance use as described in the facility's policies and procedures according to section 245G.13, subdivision 1, clause (5).

245G.22 OPIOID TREATMENT PROGRAMS.

Subd. 19.

Placing authorities.

A program must provide certain notification and client-specific updates to placing authorities for a client who is enrolled in Minnesota health care programs. At the request of the placing authority, the program must provide client-specific updates, including but not limited to informing the placing authority of positive drug testings and changes in medications used for the treatment of opioid use disorder ordered for the client.

246.0136 ESTABLISHING ENTERPRISE ACTIVITIES IN STATE-OPERATED SERVICES.

Subdivision 1.

Planning for enterprise activities.

The commissioner of human services is directed to study and make recommendations to the legislature on establishing enterprise activities within state-operated services. Before implementing an enterprise activity, the commissioner must obtain statutory authorization for its implementation, except that the commissioner has authority to implement enterprise activities for adult mental health, adolescent services, and to establish a public group practice without statutory authorization. Enterprise activities are defined as the range of services, which are delivered by state employees, needed by people with disabilities and are fully funded by public or private third-party health insurance or other revenue sources available to clients that provide reimbursement for the services provided. Enterprise activities within state-operated services shall specialize in caring for vulnerable people for whom no other providers are available or for whom state-operated services may be the provider selected by the payer. In subsequent biennia after an enterprise activity is established within a state-operated service, the base state appropriation for that state-operated service shall be reduced proportionate to the size of the enterprise activity.

Subd. 2.

Required components of any proposal; considerations.

In any proposal for an enterprise activity brought to the legislature by the commissioner, the commissioner must demonstrate that there is public or private third-party health insurance or other revenue available to the people served, that the anticipated revenues to be collected will fully fund the services, that there will be sufficient funds for cash flow purposes, and that access to services by vulnerable populations served by state-operated services will not be limited by implementation of an enterprise activity. In studying the feasibility of establishing an enterprise activity, the commissioner must consider:

(1) creating public or private partnerships to facilitate client access to needed services;

(2) administrative simplification and efficiencies throughout the state-operated services system;

(3) converting or disposing of buildings not utilized and surplus lands; and

(4) exploring the efficiencies and benefits of establishing state-operated services as an independent state agency.

252.025 STATE HOSPITALS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.

Subd. 7.

Minnesota extended treatment options.

The commissioner shall develop by July 1, 1997, the Minnesota extended treatment options to serve Minnesotans who have developmental disabilities and exhibit severe behaviors which present a risk to public safety. This program is statewide and must provide specialized residential services in Cambridge and an array of community-based services with sufficient levels of care and a sufficient number of specialists to ensure that individuals referred to the program receive the appropriate care. The individuals working in the community-based services under this section are state employees supervised by the commissioner of human services. No layoffs shall occur as a result of restructuring under this section.

252.035 REGIONAL TREATMENT CENTER CATCHMENT AREAS.

The commissioner may administratively designate catchment areas for regional treatment centers and state nursing homes. Catchment areas may vary by client group served. Catchment areas in effect on January 1, 1989, may not be modified until the commissioner has consulted with the regional planning committees of the affected regional treatment centers.

254A.02 DEFINITIONS.

Subd. 8a.

Placing authority.

"Placing authority" means a county, prepaid health plan, or tribal governing board governed by Minnesota Rules, parts 9530.6600 to 9530.6655.

254A.04 CITIZENS ADVISORY COUNCIL.

There is hereby created an Alcohol and Other Drug Abuse Advisory Council to advise the Department of Human Services concerning the problems of substance misuse and substance use disorder, composed of ten members. Five members shall be individuals whose interests or training are in the field of alcohol-specific substance use disorder and alcohol misuse; and five members whose interests or training are in the field of substance use disorder and misuse of substances other than alcohol. The terms, compensation and removal of members shall be as provided in section 15.059. The council expires June 30, 2018. The commissioner of human services shall appoint members whose terms end in even-numbered years. The commissioner of health shall appoint members whose terms end in odd-numbered years.

254A.16 RESPONSIBILITIES OF THE COMMISSIONER.

Subd. 6.

Monitoring.

The commissioner shall gather and placing authorities shall provide information to measure compliance with Minnesota Rules, parts 9530.6600 to 9530.6655. The commissioner shall specify the format for data collection to facilitate tracking, aggregating, and using the information.

254A.19 CHEMICAL USE ASSESSMENTS.

Subd. 1a.

Emergency room patients.

A county may enter into a contract with a hospital to provide chemical use assessments under Minnesota Rules, parts 9530.6600 to 9530.6655, for patients admitted to an emergency room or inpatient hospital when:

(1) an assessor is not available; and

(2) detoxification services in the county are at full capacity.

Subd. 2.

Probation officer as contact.

When a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation or under other correctional supervision, the assessor, either orally or in writing, shall contact the person's probation officer to verify or supplement the information provided by the person.

Subd. 5.

Assessment via telehealth.

Notwithstanding Minnesota Rules, part 9530.6615, subpart 3, item A, a chemical use assessment may be conducted via telehealth as defined in section 256B.0625, subdivision 3b.

254B.04 ELIGIBILITY FOR BEHAVIORAL HEALTH FUND SERVICES.

Subd. 2b.

Eligibility for placement in opioid treatment programs.

Prior to placement of an individual who is determined by the assessor to require treatment for opioid addiction, the assessor must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction. The commissioner shall develop educational materials supported by research and updated periodically that must be used by assessors to comply with this requirement.

Subd. 2c.

Eligibility to receive peer recovery support and treatment service coordination.

Notwithstanding Minnesota Rules, part 9530.6620, subpart 6, a placing authority may authorize peer recovery support and treatment service coordination for a person who scores a severity of one or more in dimension 4, 5, or 6, under Minnesota Rules, part 9530.6622. Authorization for peer recovery support and treatment service coordination under this subdivision does not need to be provided in conjunction with treatment services under Minnesota Rules, part 9530.6622, subpart 4, 5, or 6.

254B.041 CHEMICAL DEPENDENCY RULES.

Subd. 2.

Vendor collections; rule amendment.

The commissioner may amend Minnesota Rules, parts 9530.7000 to 9530.7025, to require a vendor of chemical dependency transitional and extended care rehabilitation services to collect the cost of care received under a program from an eligible person who has been determined to be partially responsible for treatment costs, and to remit the collections to the commissioner. The commissioner shall pay to a vendor, for the collections, an amount equal to five percent of the collections remitted to the commissioner by the vendor.

254B.14 CONTINUUM OF CARE PILOT PROJECTS; CHEMICAL HEALTH CARE.

Subdivision 1.

Authorization for continuum of care pilot projects.

The commissioner shall establish chemical dependency continuum of care pilot projects to begin implementing the measures developed with stakeholder input and identified in the report completed pursuant to Laws 2012, chapter 247, article 5, section 8. The pilot projects are intended to improve the effectiveness and efficiency of the service continuum for chemically dependent individuals in Minnesota while reducing duplication of efforts and promoting scientifically supported practices.

Subd. 2.

Program implementation.

(a) The commissioner, in coordination with representatives of the Minnesota Association of County Social Service Administrators and the Minnesota Inter-County Association, shall develop a process for identifying and selecting interested counties and providers for participation in the continuum of care pilot projects. There shall be three pilot projects: one representing the northern region, one for the metro region, and one for the southern region. The selection process of counties and providers must include consideration of population size, geographic distribution, cultural and racial demographics, and provider accessibility. The commissioner shall identify counties and providers that are selected for participation in the continuum of care pilot projects no later than September 30, 2013.

(b) The commissioner and entities participating in the continuum of care pilot projects shall enter into agreements governing the operation of the continuum of care pilot projects. The agreements shall identify pilot project outcomes and include timelines for implementation and beginning operation of the pilot projects.

(c) Entities that are currently participating in the navigator pilot project are eligible to participate in the continuum of care pilot project subsequent to or instead of participating in the navigator pilot project.

(d) The commissioner may waive administrative rule requirements that are incompatible with implementation of the continuum of care pilot projects.

(e) Notwithstanding section 254A.19, the commissioner may designate noncounty entities to complete chemical use assessments and placement authorizations required under section 254A.19 and Minnesota Rules, parts 9530.6600 to 9530.6655. Section 254A.19, subdivision 3, is applicable to the continuum of care pilot projects at the discretion of the commissioner.

Subd. 3.

Program design.

(a) The operation of the pilot projects shall include:

(1) new services that are responsive to the chronic nature of substance use disorder;

(2) telehealth services, when appropriate to address barriers to services;

(3) services that assure integration with the mental health delivery system when appropriate;

(4) services that address the needs of diverse populations; and

(5) an assessment and access process that permits clients to present directly to a service provider for a substance use disorder assessment and authorization of services.

(b) Prior to implementation of the continuum of care pilot projects, a utilization review process must be developed and agreed to by the commissioner, participating counties, and providers. The utilization review process shall be described in the agreements governing operation of the continuum of care pilot projects.

Subd. 4.

Notice of project discontinuation.

Each entity's participation in the continuum of care pilot project may be discontinued for any reason by the county or the commissioner after 30 days' written notice to the entity.

Subd. 5.

Duties of commissioner.

(a) Notwithstanding any other provisions in this chapter, the commissioner may authorize the behavioral health fund to pay for nontreatment services arranged by continuum of care pilot projects. Individuals who are currently accessing Rule 31 treatment services are eligible for concurrent participation in the continuum of care pilot projects.

(b) County expenditures for continuum of care pilot project services shall not be greater than their expected share of forecasted expenditures in the absence of the continuum of care pilot projects.

Subd. 6.

Managed care.

An individual who is eligible for the continuum of care pilot project is excluded from mandatory enrollment in managed care unless these services are included in the health plan's benefit set.

256D.055 COUNTY DESIGN; WORK FOCUS PROGRAM.

The commissioner of human services shall issue a request for proposals from counties to submit a plan for developing and implementing a county-designed program. The plan shall be for first-time applicants for the Minnesota family investment program and must emphasize the importance of becoming employed and oriented into the work force in order to become self-sufficient. The plan must target public assistance applicants who are most likely to become self-sufficient quickly with short-term assistance or services such as child care, child support enforcement, or employment and training services.

The plan may include vendor payments, mandatory job search, refocusing existing county or provider efforts, or other program features. The commissioner may approve a county plan which allows a county to use other program funding for the county work focus program in a more flexible manner. Nothing in this section shall allow payments made to the public assistance applicant to be less than the amount the applicant would have received if the program had not been implemented, or reduce or eliminate a category of eligible participants from the program without legislative approval.

If the plan is approved by the commissioner, the county may implement the plan.

256J.08 DEFINITIONS.

Subd. 10.

Budget month.

"Budget month" means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month.

Subd. 53.

Lump sum.

"Lump sum" means nonrecurring income as described in section 256P.06, subdivision 3, clause (2), item (ix).

Subd. 61.

Monthly income test.

"Monthly income test" means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J.21.

Subd. 62.

Nonrecurring income.

"Nonrecurring income" means a form of income which is received:

(1) only one time or is not of a continuous nature; or

(2) in a prospective payment month but is no longer received in the corresponding retrospective payment month.

Subd. 81.

Retrospective budgeting.

"Retrospective budgeting" means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month.

Subd. 83.

Significant change.

"Significant change" means a decline in gross income of the amount of the disregard as defined in section 256P.03 or more from the income used to determine the grant for the current month.

256J.30 APPLICANT AND PARTICIPANT REQUIREMENTS AND RESPONSIBILITIES.

Subd. 5.

Monthly MFIP household reports.

Each assistance unit with a member who has earned income or a recent work history, and each assistance unit that has income deemed to it from a financially responsible person must complete a monthly MFIP household report form. "Recent work history" means the individual received earned income in the report month or any of the previous three calendar months even if the earnings are excluded. To be complete, the MFIP household report form must be signed and dated by the caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered, and documentation of earned income must be included.

Subd. 7.

Due date of MFIP household report form.

An MFIP household report form must be received by the county agency by the eighth calendar day of the month following the reporting period covered by the form. When the eighth calendar day of the month falls on a weekend or holiday, the MFIP household report form must be received by the county agency the first working day that follows the eighth calendar day.

Subd. 8.

Late MFIP household report forms.

(a) Paragraphs (b) to (e) apply to the reporting requirements in subdivision 7.

(b) When the county agency receives an incomplete MFIP household report form, the county agency must immediately contact the caregiver by phone or in writing to acquire the necessary information to complete the form.

(c) The automated eligibility system must send a notice of proposed termination of assistance to the assistance unit if a complete MFIP household report form is not received by a county agency. The automated notice must be mailed to the caregiver by approximately the 16th of the month. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month.

(d) An assistance unit required to submit an MFIP household report form is considered to have continued its application for assistance if a complete MFIP household report form is received within a calendar month after the month in which the form was due and assistance shall be paid for the period beginning with the first day of that calendar month.

(e) A county agency must allow good cause exemptions from the reporting requirements under subdivision 5 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP household report form before the end of the month in which the form is due:

(1) an employer delays completion of employment verification;

(2) a county agency does not help a caregiver complete the MFIP household report form when the caregiver asks for help;

(3) a caregiver does not receive an MFIP household report form due to mistake on the part of the department or the county agency or due to a reported change in address;

(4) a caregiver is ill, or physically or mentally incapacitated; or

(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP household report form before the end of the month in which the form is due.

256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY.

Subd. 3.

Retrospective eligibility.

After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month.

Subd. 4.

Monthly income test.

A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include:

(1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;

(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;

(3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36;

(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student;

(5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi);

(6) spousal support received by an assistance unit;

(7) the income of a parent when that parent is not included in the assistance unit;

(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and

(9) the unearned income of a minor child included in the assistance unit.

Subd. 5.

When to terminate assistance.

When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance.

256J.34 CALCULATING ASSISTANCE PAYMENTS.

Subdivision 1.

Prospective budgeting.

A county agency must use prospective budgeting to calculate the assistance payment amount for the first two months for an applicant who has not received assistance in this state for at least one payment month preceding the first month of payment under a current application. Notwithstanding subdivision 3, paragraph (a), clause (2), a county agency must use prospective budgeting for the first two months for a person who applies to be added to an assistance unit. Prospective budgeting is not subject to overpayments or underpayments unless fraud is determined under section 256.98.

(a) The county agency must apply the income received or anticipated in the first month of MFIP eligibility against the need of the first month. The county agency must apply the income received or anticipated in the second month against the need of the second month.

(b) When the assistance payment for any part of the first two months is based on anticipated income, the county agency must base the initial assistance payment amount on the information available at the time the initial assistance payment is made.

(c) The county agency must determine the assistance payment amount for the first two months of MFIP eligibility by budgeting both recurring and nonrecurring income for those two months.

Subd. 2.

Retrospective budgeting.

The county agency must use retrospective budgeting to calculate the monthly assistance payment amount after the payment for the first two months has been made under subdivision 1.

Subd. 3.

Additional uses of retrospective budgeting.

Notwithstanding subdivision 1, the county agency must use retrospective budgeting to calculate the monthly assistance payment amount for the first two months under paragraphs (a) and (b).

(a) The county agency must use retrospective budgeting to determine the amount of the assistance payment in the first two months of MFIP eligibility:

(1) when an assistance unit applies for assistance for the same month for which assistance has been interrupted, the interruption in eligibility is less than one payment month, the assistance payment for the preceding month was issued in this state, and the assistance payment for the immediately preceding month was determined retrospectively; or

(2) when a person applies in order to be added to an assistance unit, that assistance unit has received assistance in this state for at least the two preceding months, and that person has been living with and has been financially responsible for one or more members of that assistance unit for at least the two preceding months.

(b) Except as provided in clauses (1) to (4), the county agency must use retrospective budgeting and apply income received in the budget month by an assistance unit and by a financially responsible household member who is not included in the assistance unit against the MFIP standard of need or family wage level to determine the assistance payment to be issued for the payment month.

(1) When a source of income ends prior to the third payment month, that income is not considered in calculating the assistance payment for that month. When a source of income ends prior to the fourth payment month, that income is not considered when determining the assistance payment for that month.

(2) When a member of an assistance unit or a financially responsible household member leaves the household of the assistance unit, the income of that departed household member is not budgeted retrospectively for any full payment month in which that household member does not live with that household and is not included in the assistance unit.

(3) When an individual is removed from an assistance unit because the individual is no longer a minor child, the income of that individual is not budgeted retrospectively for payment months in which that individual is not a member of the assistance unit, except that income of an ineligible child in the household must continue to be budgeted retrospectively against the child's needs when the parent or parents of that child request allocation of their income against any unmet needs of that ineligible child.

(4) When a person ceases to have financial responsibility for one or more members of an assistance unit, the income of that person is not budgeted retrospectively for the payment months which follow the month in which financial responsibility ends.

Subd. 4.

Significant change in gross income.

The county agency must recalculate the assistance payment when an assistance unit experiences a significant change, as defined in section 256J.08, resulting in a reduction in the gross income received in the payment month from the gross income received in the budget month. The county agency must issue a supplemental assistance payment based on the county agency's best estimate of the assistance unit's income and circumstances for the payment month. Supplemental assistance payments that result from significant changes are limited to two in a 12-month period regardless of the reason for the change. Notwithstanding any other statute or rule of law, supplementary assistance payments shall not be made when the significant change in income is the result of receipt of a lump sum, receipt of an extra paycheck, business fluctuation in self-employment income, or an assistance unit member's participation in a strike or other labor action.

256J.37 TREATMENT OF INCOME AND LUMP SUMS.

Subd. 10.

Treatment of lump sums.

(a) The agency must treat lump-sum payments as earned or unearned income. If the lump-sum payment is included in the category of income identified in subdivision 9, it must be treated as unearned income. A lump sum is counted as income in the month received and budgeted either prospectively or retrospectively depending on the budget cycle at the time of receipt. When an individual receives a lump-sum payment, that lump sum must be combined with all other earned and unearned income received in the same budget month, and it must be applied according to paragraphs (a) to (c). A lump sum may not be carried over into subsequent months. Any funds that remain in the third month after the month of receipt are counted in the asset limit.

(b) For a lump sum received by an applicant during the first two months, prospective budgeting is used to determine the payment and the lump sum must be combined with other earned or unearned income received and budgeted in that prospective month.

(c) For a lump sum received by a participant after the first two months of MFIP eligibility, the lump sum must be combined with other income received in that budget month, and the combined amount must be applied retrospectively against the applicable payment month.

(d) When a lump sum, combined with other income under paragraphs (b) and (c), is less than the MFIP transitional standard for the appropriate payment month, the assistance payment must be reduced according to the amount of the countable income. When the countable income is greater than the MFIP standard or family wage level, the assistance payment must be suspended for the payment month.

256R.08 REPORTING OF FINANCIAL STATEMENTS.

Subd. 2.

Extensions.

The commissioner may grant up to a 15-day extension of the reporting deadline to a nursing facility for good cause. To receive such an extension, a nursing facility shall submit a written request by January 1. The commissioner shall notify the nursing facility of the decision by January 15. Between January 1 and February 1, the nursing facility may request a reporting extension for good cause by telephone and followed by a written request.

256R.49 RATE ADJUSTMENTS FOR COMPENSATION-RELATED COSTS FOR MINIMUM WAGE CHANGES.

Subdivision 1.

Rate adjustments for compensation-related costs.

(a) Rate increases provided under this section before October 1, 2016, expire effective January 1, 2018, and rate increases provided on or after October 1, 2016, expire effective January 1, 2019.

(b) Nursing facilities that receive approval of the applications in subdivision 2 must receive rate adjustments according to subdivision 4. The rate adjustments must be used to pay compensation costs for nursing facility employees paid less than $14 per hour.

Subd. 2.

Application process.

To receive a rate adjustment, nursing facilities must submit applications to the commissioner in a form and manner determined by the commissioner. The applications for the rate adjustments shall include specified data, and spending plans that describe how the funds from the rate adjustments will be allocated for compensation to employees paid less than $14 per hour. The applications must be submitted within three months of the effective date of any operating payment rate adjustment under this section. The commissioner may request any additional information needed to determine the rate adjustment within three weeks of receiving a complete application. The nursing facility must provide any additional information requested by the commissioner within six months of the effective date of any operating payment rate adjustment under this section. The commissioner may waive the deadlines in this section under extraordinary circumstances.

Subd. 3.

Additional application requirements for facilities with employees represented by an exclusive bargaining representative.

For nursing facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the applications submitted under subdivision 2 only upon receipt of a letter or letters of acceptance of the spending plans in regard to members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 31, 2014. Upon receipt of the letter or letters of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.

Subd. 4.

Determination of the rate adjustments for compensation-related costs.

Based on the application in subdivision 2, the commissioner shall calculate the allowable annualized compensation costs by adding the totals of clauses (1), (2), and (3). The result must be divided by the standardized or resident days from the most recently available cost report to determine per day amounts, which must be included in the operating portion of the total payment rate and allocated to direct care or other operating as determined by the commissioner:

(1) the sum of the difference between $9.50 and any hourly wage rate less than $9.50 for October 1, 2016; and between the indexed value of the minimum wage, as defined in section 177.24, subdivision 1, paragraph (f), and any hourly wage less than that indexed value for rate years beginning on and after October 1, 2017; multiplied by the number of compensated hours at that wage rate;

(2) using wages and hours in effect during the first three months of calendar year 2014, beginning with the first pay period beginning on or after January 1, 2014; 22.2 percent of the sum of items (i) to (viii) for October 1, 2016;

(i) for all compensated hours from $8 to $8.49 per hour, the number of compensated hours is multiplied by $0.13;

(ii) for all compensated hours from $8.50 to $8.99 per hour, the number of compensated hours is multiplied by $0.25;

(iii) for all compensated hours from $9 to $9.49 per hour, the number of compensated hours is multiplied by $0.38;

(iv) for all compensated hours from $9.50 to $10.49 per hour, the number of compensated hours is multiplied by $0.50;

(v) for all compensated hours from $10.50 to $10.99 per hour, the number of compensated hours is multiplied by $0.40;

(vi) for all compensated hours from $11 to $11.49 per hour, the number of compensated hours is multiplied by $0.30;

(vii) for all compensated hours from $11.50 to $11.99 per hour, the number of compensated hours is multiplied by $0.20; and

(viii) for all compensated hours from $12 to $13 per hour, the number of compensated hours is multiplied by $0.10; and

(3) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, pensions, and contributions to employee retirement accounts attributable to the amounts in clauses (1) and (2).

256S.19 MONTHLY CASE MIX BUDGET CAPS; NURSING FACILITY RESIDENTS.

Subd. 4.

Calculation of monthly conversion budget cap with consumer-directed community supports.

For the elderly waiver monthly conversion budget cap for the cost of elderly waiver services with consumer-directed community supports, the nursing facility case mix adjusted total payment rate used under subdivision 3 to calculate the monthly conversion budget cap for elderly waiver services without consumer-directed community supports must be reduced by a percentage equal to the percentage difference between the consumer-directed community supports budget limit that would be assigned according to the elderly waiver plan and the corresponding monthly case mix budget cap under this chapter, but not to exceed 50 percent.

Repealed Minnesota Rule: H4579-1

2960.0460 STAFF QUALIFICATIONS.

Subp. 2.

Qualifications applying to employees with direct resident contact.

An employee working directly with residents must be at least 21 years of age and must, at the time of hiring, document meeting the qualifications in item A or B.

A.

A program director, supervisor, counselor, or any other person who has direct resident contact must be free of chemical use problems for at least the two years immediately preceding hiring and freedom from chemical use problems must be maintained during employment.

B.

Overnight staff must be free of chemical use problems for at least one year preceding their hiring and maintain freedom from chemical use problems during their employment.

9530.6565 STAFF QUALIFICATIONS.

Subp. 2.

Continuing employment requirement.

License holders must require freedom from chemical use problems as a condition of continuing employment. Staff must remain free of chemical use problems although they are not required to sign statements after the initial statement required by subpart 1, item A. Staff with chemical use problems must be immediately removed from any responsibilities that include direct client contact.

9530.7000 DEFINITIONS.

Subpart 1.

Scope.

For the purposes of parts 9530.7000 to 9530.7030, the following terms have the meanings given them.

Subp. 2.

Chemical.

"Chemical" means alcohol, solvents, and other mood altering substances, including controlled substances as defined in Minnesota Statutes, chapter 152.

Subp. 5.

Chemical dependency treatment services.

"Chemical dependency treatment services" means services provided by chemical dependency treatment programs licensed according to Minnesota Statutes, chapter 245G, or certified according to parts 2960.0450 to 2960.0490.

Subp. 6.

Client.

"Client" means an individual who has requested chemical abuse or dependency services, or for whom chemical abuse or dependency services have been requested, from a local agency.

Subp. 7.

Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Human Services or the commissioner's designated representative.

Subp. 8.

Behavioral health fund.

"Behavioral health fund" means money appropriated for payment of chemical dependency treatment services under Minnesota Statutes, chapter 254B.

Subp. 9.

Copayment.

"Copayment" means the amount an insured person is obligated to pay before the person's third-party payment source is obligated to make a payment, or the amount an insured person is obligated to pay in addition to the amount the person's third-party payment source is obligated to pay.

Subp. 10.

Drug and Alcohol Abuse Normative Evaluation System or DAANES.

"Drug and Alcohol Abuse Normative Evaluation System" or "DAANES" means the client information system operated by the department's Chemical Dependency Program Division.

Subp. 11.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 13.

Income.

"Income" means the total amount of cash received by an individual from the following sources:

A.

cash payments for wages or salaries;

B.

cash receipts from nonfarm or farm self-employment, minus deductions allowed by the federal Internal Revenue Service for business or farm expenses;

C.

regular cash payments from social security, railroad retirement, unemployment compensation, workers' union funds, veterans' benefits, the Minnesota family investment program, Supplemental Security Income, General Assistance, training stipends, alimony, child support, and military family allotments;

D.

cash payments from private pensions, government employee pensions, and regular insurance or annuity payments;

E.

cash payments for dividends, interest, rents, or royalties; and

F.

periodic cash receipts from estates or trusts.

Income does not include capital gains; any cash assets drawn down as withdrawals from a bank, the sale of property, a house, or a car; tax refunds, gifts, lump sum inheritances, one time insurance payments, or compensation for injury; court-ordered child support or health insurance premium payments made by the client or responsible relative; and noncash benefits such as health insurance, food or rent received in lieu of wages, and noncash benefits from programs such as Medicare, Medical Assistance, the Supplemental Nutrition Assistance Program, school lunches, and housing assistance. Annual income is the amount reported and verified by an individual as current income calculated prospectively to cover one year.

Subp. 14.

Local agency.

"Local agency" means the county or multicounty agency authorized under Minnesota Statutes, sections 254B.01, subdivision 5, and 254B.03, subdivision 1, to make placements under the behavioral health fund.

Subp. 15.

Minor child.

"Minor child" means an individual under the age of 18 years.

Subp. 17a.

Policyholder.

"Policyholder" means a person who has a third-party payment policy under which a third-party payment source has an obligation to pay all or part of a client's treatment costs.

Subp. 19.

Responsible relative.

"Responsible relative" means a person who is a member of the client's household and is a client's spouse or the parent of a minor child who is a client.

Subp. 20.

Third-party payment source.

"Third-party payment source" means a person, entity, or public or private agency other than medical assistance or general assistance medical care that has a probable obligation to pay all or part of the costs of a client's chemical dependency treatment.

Subp. 21.

Vendor.

"Vendor" means a licensed provider of chemical dependency treatment services that meets the criteria established in Minnesota Statutes, section 254B.05, and that has applied according to part 9505.0195 to participate as a provider in the medical assistance program.

9530.7005 SCOPE AND APPLICABILITY.

Parts 9530.7000 to 9530.7030 govern the administration of the behavioral health fund, establish the criteria to be applied by local agencies to determine a client's eligibility under the behavioral health fund, and establish a client's obligation to pay for chemical dependency treatment services.

These parts must be read in conjunction with Minnesota Statutes, chapter 254B, and parts 9530.6600 to 9530.6655.

9530.7010 COUNTY RESPONSIBILITY TO PROVIDE SERVICES.

The local agency shall provide chemical dependency treatment services to eligible clients who have been assessed and placed by the county according to parts 9530.6600 to 9530.6655 and Minnesota Statutes, chapter 256G.

9530.7012 VENDOR AGREEMENTS.

When a local agency enters into an agreement with a vendor of chemical dependency treatment services, the agreement must distinguish client per unit room and board costs from per unit chemical dependency treatment services costs.

For purposes of this part, "chemical dependency treatment services costs" are costs, including related administrative costs, of services that meet the criteria in items A to C:

A.

The services are provided within a program licensed according to Minnesota Statutes, chapter 245G, or certified according to parts 2960.0430 to 2960.0490.

B.

The services meet the definition of chemical dependency services in Minnesota Statutes, section 254B.01, subdivision 3.

C.

The services meet the applicable service standards for licensed chemical dependency treatment programs in item A, but are not under the jurisdiction of the commissioner.

This part also applies to vendors of room and board services that are provided concurrently with chemical dependency treatment services according to Minnesota Statutes, sections 254B.03, subdivision 2, and 254B.05, subdivision 1.

This part does not apply when a county contracts for chemical dependency services in an acute care inpatient hospital licensed by the Department of Health under chapter 4640.

9530.7015 CLIENT ELIGIBILITY; BEHAVIORAL HEALTH FUND.

Subpart 1.

Client eligibility to have treatment totally paid under the behavioral health fund.

A client who meets the criteria established in item A, B, C, or D shall be eligible to have chemical dependency treatment paid for totally with funds from the behavioral health fund.

A.

The client is eligible for MFIP as determined under Minnesota Statutes, chapter 256J.

B.

The client is eligible for medical assistance as determined under parts 9505.0010 to 9505.0140.

C.

The client is eligible for general assistance, general assistance medical care, or work readiness as determined under parts 9500.1200 to 9500.1272.

D.

The client's income is within current household size and income guidelines for entitled persons, as defined in Minnesota Statutes, section 254B.04, subdivision 1, and as determined by the local agency under part 9530.7020, subpart 1.

Subp. 2a.

Third-party payment source and client eligibility for the behavioral health fund.

Clients who meet the financial eligibility requirement in subpart 1 and who have a third-party payment source are eligible for the behavioral health fund if the third party payment source pays less than 100 percent of the treatment services determined according to parts 9530.6600 to 9530.6655.

Subp. 4.

Client ineligible to have treatment paid for from the behavioral health fund.

A client who meets the criteria in item A or B shall be ineligible to have chemical dependency treatment services paid for with behavioral health funds.

A.

The client has an income that exceeds current household size and income guidelines for entitled persons as defined in Minnesota Statutes, section 254B.04, subdivision 1, and as determined by the local agency under part 9530.7020, subpart 1.

B.

The client has an available third-party payment source that will pay the total cost of the client's treatment.

Subp. 5.

Eligibility of clients disenrolled from prepaid health plans.

A client who is disenrolled from a state prepaid health plan during a treatment episode is eligible for continued treatment service that is paid for by the behavioral health fund, until the treatment episode is completed or the client is re-enrolled in a state prepaid health plan if the client meets the criteria in item A or B. The client must:

A.

continue to be enrolled in MinnesotaCare, medical assistance, or general assistance medical care; or

B.

be eligible according to subparts 1 and 2a and be determined eligible by a local agency under part 9530.7020.

Subp. 6.

County responsibility.

When a county commits a client under Minnesota Statutes, chapter 253B, to a regional treatment center for chemical dependency treatment services and the client is ineligible for the behavioral health fund, the county is responsible for the payment to the regional treatment center according to Minnesota Statutes, section 254B.05, subdivision 4.

9530.7020 LOCAL AGENCY TO DETERMINE CLIENT ELIGIBILITY.

Subpart 1.

Local agency duty to determine client eligibility.

The local agency shall determine a client's eligibility for the behavioral health fund at the time the client is assessed under parts 9530.6600 to 9530.6655. Client eligibility must be determined using forms prescribed by the department. To determine a client's eligibility, the local agency must determine the client's income, the size of the client's household, the availability of a third-party payment source, and a responsible relative's ability to pay for the client's chemical dependency treatment, as specified in items A to C.

A.

The local agency must determine the client's income. A client who is a minor child shall not be deemed to have income available to pay for chemical dependency treatment, unless the minor child is responsible for payment under Minnesota Statutes, section 144.347, for chemical dependency treatment services sought under Minnesota Statutes, section 144.343, subdivision 1.

B.

The local agency must determine the client's household size according to subitems (1), (2), and (3).

(1)

If the client is a minor child, the household size includes the following persons living in the same dwelling unit:

(a)

the client;

(b)

the client's birth or adoptive parents; and

(c)

the client's siblings who are minors.

(2)

If the client is an adult, the household size includes the following persons living in the same dwelling unit:

(a)

the client;

(b)

the client's spouse;

(c)

the client's minor children; and

(d)

the client's spouse's minor children.

(3)

For purposes of this item, household size includes a person listed in subitems (1) and (2) who is in out-of-home placement if a person listed in subitem (1) or (2) is contributing to the cost of care of the person in out-of-home placement.

C.

The local agency must determine the client's current prepaid health plan enrollment, the availability of a third-party payment source, including the availability of total payment, partial payment, and amount of copayment.

D.

The local agency must provide the required eligibility information to the department in the manner specified by the department.

E.

The local agency shall require the client and policyholder to conditionally assign to the department the client and policyholder's rights and the rights of minor children to benefits or services provided to the client if the department is required to collect from a third-party pay source.

Subp. 1a.

Redetermination of client eligibility.

The local agency shall redetermine a client's eligibility for CCDTF every six months after the initial eligibility determination, if the client has continued to receive uninterrupted chemical dependency treatment services for that six months. For purposes of this subpart, placement of a client into more than one chemical dependency treatment program in less than ten working days, or placement of a client into a residential chemical dependency treatment program followed by nonresidential chemical dependency treatment services shall be treated as a single placement.

Subp. 2.

Client, responsible relative, and policyholder obligation to cooperate.

A client, responsible relative, and policyholder shall provide income or wage verification, household size verification, and shall make an assignment of third-party payment rights under subpart 1, item C. If a client, responsible relative, or policyholder does not comply with the provisions of this subpart, the client shall be deemed to be ineligible to have the behavioral health fund pay for his or her chemical dependency treatment, and the client and responsible relative shall be obligated to pay for the full cost of chemical dependency treatment services provided to the client.

9530.7021 PAYMENT AGREEMENTS.

When the local agency, the client, and the vendor agree that the vendor will accept payment from a third-party payment source for an eligible client's treatment, the local agency, the client, and the vendor shall enter into a third-party payment agreement. The agreement must stipulate that the vendor will accept, as payment in full for services provided to the client, the amount the third-party payor is obligated to pay for services provided to the client. The agreement must be executed in a form prescribed by the commissioner and is not effective unless an authorized representative of each of the three parties has signed it. The local agency shall maintain a record of third-party payment agreements into which the local agency has entered.

The vendor shall notify the local agency as soon as possible and not less than one business day before discharging a client whose treatment is covered by a payment agreement under this part if the discharge is caused by disruption of the third-party payment.

9530.7022 CLIENT FEES.

Subpart 1.

Income and household size criteria.

A client whose household income is within current household size and income guidelines for entitled persons as defined in Minnesota Statutes, section 254B.04, subdivision 1, shall pay no fee.

9530.7025 DENIAL OF PAYMENT.

Subpart 1.

Denial of payment when required assessment not completed.

The department shall deny payments from the behavioral health fund to vendors for chemical dependency treatment services provided to clients who have not been assessed and placed by the county in accordance with parts 9530.6600 to 9530.6655.

Subp. 2.

Denial of state participation in behavioral health fund payments when client found not eligible.

The department shall pay vendors from the behavioral health fund for chemical dependency treatment services provided to clients and shall bill the county for 100 percent of the costs of chemical dependency treatment services as follows:

A.

The department shall bill the county for 100 percent of the costs of a client's chemical dependency treatment services when the department determines that the client was not placed in accordance with parts 9530.6600 to 9530.6655.

B.

When a county's allocation under Minnesota Statutes, section 254B.02, subdivisions 1 and 2, has been exhausted, and the county's maintenance of effort has been met as required under Minnesota Statutes, section 254B.02, subdivision 3, and the local agency has been notified by the department that the only clients who are eligible to have their treatment paid for from the behavioral health fund are clients who are eligible under part 9530.7015, subpart 1, the department shall bill the county for 100 percent of the costs of a client's chemical dependency treatment services when the department determines that the client was not eligible under part 9530.7015, subpart 1.

9530.7030 VENDOR MUST PARTICIPATE IN DAANES SYSTEM.

Subpart 1.

Participation a condition of eligibility.

To be eligible for payment under the behavioral health fund, a vendor must participate in the Drug and Alcohol Normative Evaluation System (DAANES) or submit to the commissioner the information required in DAANES in the format specified by the commissioner.

9555.6255 RESIDENT'S RIGHTS.

Subpart 1.

Information about rights.

The operator shall ensure that a resident and a resident's legal representative are given, at admission:

A.

an explanation and copy of the resident's rights specified in subparts 2 to 7;

B.

a written summary of the Vulnerable Adults Act prepared by the department; and

C.

the name, address, and telephone number of the local agency to which a resident or a resident's legal representative may submit an oral or written complaint.

Subp. 2.

Right to use telephone.

A resident has the right to daily, private access to and use of a non-coin operated telephone for local calls and long distance calls made collect or paid for by the resident.

Subp. 3.

Right to receive and send mail.

A resident has the right to receive and send uncensored, unopened mail.

Subp. 4.

Right to privacy.

A resident has the right to personal privacy and privacy for visits from others, and the respect of individuality and cultural identity. Privacy must be respected by operators, caregivers, household members, and volunteers by knocking on the door of a resident's bedroom and seeking consent before entering, except in an emergency, and during toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance as noted in the resident's individual record.

Subp. 5.

Right to use personal property.

A resident has the right to keep and use personal clothing and possessions as space permits, unless to do so would infringe on the health, safety, or rights of other residents or household members.

Subp. 6.

Right to associate.

A resident has the right to meet with or refuse to meet with visitors and participate in activities of commercial, religious, political, and community groups without interference if the activities do not infringe on the rights of other residents or household members.

Subp. 7.

Married residents.

Married residents have the right to privacy for visits by their spouses, and, if both spouses are residents of the adult foster home, they have the right to share a bedroom and bed.