Minnesota Legislature
HF 986
as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 01:42pm
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A bill for an act
relating to human services; expanding liability insurance coverage for licensed
foster home providers; creating an automobile insurance reimbursement program
for licensed foster home providers and persons in foster care; appropriating money;
amending Minnesota Statutes 2016, section 245.814, subdivisions 2, 3; proposing
coding for new law in Minnesota Statutes, chapter 245.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 245.814, subdivision 2, is amended to read:
Subd. 2.
Application of coverage.
Coverage shall apply to all foster homes licensed by
the Department of Human Services, licensed by a federally recognized tribal government,
or established by the juvenile court and certified by the commissioner of corrections pursuant
to section 260B.198, subdivision 1, clause (3), item (v), to the extent that the liability is not
covered by the provisions of the standard homeowner's or automobile insurance policy. The
insurance shall not cover deleted text begin property owned by the individual foster home provider, damage
caused intentionally by a person over 12 years of age, ordeleted text end property damage arising out of
business pursuits or the operation of any vehicle, machinery, or equipment.
Sec. 2.
Minnesota Statutes 2016, section 245.814, subdivision 3, is amended to read:
Subd. 3.
Compensation provisions.
If the commissioner of human services is unable
to obtain insurance through ordinary methods for coverage of foster home providers, the
appropriation shall be returned to the general fund and the state shall pay claims subject to
the following limitations.
(a) Compensation shall be provided only for injuries, damage, or actions set forth in
subdivision 1.
(b) Compensation shall be subject to the conditions and exclusions set forth in subdivision
2.
(c) The state shall provide compensation for bodily injury, property damage, or personal
injury resulting from the foster home providers activities as a foster home provider while
the foster child or adult is in the care, custody, and control of the foster home provider in
an amount not to exceed $250,000 for each occurrence.
(d) The state shall provide compensation for damage or destruction of property caused
or sustained by a foster child or adult in an amount not to exceed deleted text begin $250deleted text end new text begin $1,000new text end for each
occurrence.
(e) The compensation in paragraphs (c) and (d) is the total obligation for all damages
because of each occurrence regardless of the number of claims made in connection with
the same occurrence, but compensation applies separately to each foster home. The state
shall have no other responsibility to provide compensation for any injury or loss caused or
sustained by any foster home provider or foster child or foster adult.
This coverage is extended as a benefit to foster home providers to encourage care of
persons who need out-of-home care. Nothing in this section shall be construed to mean that
foster home providers are agents or employees of the state nor does the state accept any
responsibility for the selection, monitoring, supervision, or control of foster home providers
which is exclusively the responsibility of the counties which shall regulate foster home
providers in the manner set forth in the rules of the commissioner of human services.
Sec. 3.
new text begin
[245.815] AUTOMOBILE INSURANCE REIMBURSEMENT FOR
LICENSED PROVIDERS AND PERSONS IN FOSTER CARE.
new text end
new text begin Subdivision 1. new text end
new text begin Requirements for persons in foster care. new text end
new text begin
Before a person in foster care
is permitted to operate a motor vehicle, the person in foster care must be included as a driver
on an insurance policy to drive a specific motor vehicle.
new text end
new text begin Subd. 2. new text end
new text begin Reimbursement for licensed foster home providers. new text end
new text begin
The commissioner of
human services shall, within the appropriation provided, reimburse a licensed foster home
provider for the additional cost of adding a specific person in foster care as a driver on the
licensed foster home provider's insurance policy for a specific motor vehicle.
new text end
new text begin Subd. 3. new text end
new text begin Reimbursement for persons in foster care. new text end
new text begin
If a person in foster care owns a
motor vehicle, as authorized under section 168.101, the commissioner of human services
shall, within the appropriation provided, reimburse the person in foster care for the actual
amount of the insurance policy for that motor vehicle.
new text end
new text begin Subd. 4. new text end
new text begin Reimbursement program administration. new text end
new text begin
The commissioner shall establish
a procedure for providing the reimbursement to a licensed foster home provider described
in subdivision 1 and to a person in foster care described in subdivision 2 and determine
eligibility requirements for a licensed foster home provider or person in foster care to qualify
for a reimbursement under this section.
new text end
Sec. 4. new text begin APPROPRIATION.
new text end
new text begin
$....... in fiscal year 2018 is appropriated from the general fund to the commissioner of
human services to administer the automobile insurance reimbursement program in Minnesota
Statutes, section 245.815. The unencumbered balance in the first year does not cancel but
is available for the second year.
new text end