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Capital IconMinnesota Legislature

SF 825

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 08/25/2015 04:10pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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 1.39 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 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25
3.26
3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 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 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30
6.31
6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5
8.6
8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18
8.19
8.20 8.21 8.22 8.23 8.24
8.25
8.26 8.27 8.28 8.29 8.30 8.31 8.32
9.1
9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10
9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29
9.30 9.31 9.32 9.33 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 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 11.35 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 13.35 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 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34
19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 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 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 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 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22
27.23 27.24
27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 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 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6
29.7 29.8 29.9 29.10 29.11 29.12 29.13
29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 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 31.32 31.33 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 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 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 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16
35.17 35.18 35.19 35.20 35.21 35.22 35.23
35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 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
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 38.36 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 39.33 39.34 39.35 39.36 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 41.36 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 42.36 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 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 44.30 44.31 44.32 44.33 44.34 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 45.34 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 46.33 46.34 46.35 46.36 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 47.32 47.33 47.34 47.35 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 48.33
48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20
50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29
50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27
51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8
52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14
53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28
53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13
54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24
54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3
55.4
55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32
55.33
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 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10
57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29
59.30
59.31 59.32 59.33 59.34 59.35
60.1
60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20
60.21
60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20
61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 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 62.34 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 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16
64.17 64.18
64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9
65.10
65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30
65.31 65.32 65.33 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 66.33 66.34 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 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16
68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 68.35 69.1 69.2 69.3 69.4 69.5
69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14
69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31
69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2
71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24
71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4 72.5 72.6 72.7
72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19
72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21
73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29
73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14
74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36
76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13
76.14 76.15 76.16 76.17 76.18 76.19
76.20
76.21 76.22 76.23
76.24 76.25
76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8
77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5
79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 80.36 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13
81.14 81.15 81.16
81.17 81.18 81.19 81.20 81.21 81.22
81.23 81.24 81.25 81.26 81.27 81.28
81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34
82.35 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 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10
85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22
87.23 87.24 87.25 87.26 87.27 87.28
87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9
88.10 88.11 88.12 88.13 88.14
88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10
89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28
89.29 89.30 89.31
89.32 89.33 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 91.31 91.32 91.33 91.34 91.35 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27
93.28 93.29 93.30 93.31 93.32 93.33 93.34
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 94.34
94.35 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 95.35 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 96.36
97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21
97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23
98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 99.36 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9
100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 102.36 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20
103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4
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
104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 105.35 106.1 106.2 106.3 106.4
106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35
107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25
108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28
110.29 110.30 110.31 110.32 110.33 110.34 110.35 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 112.36 113.1 113.2 113.3 113.4 113.5 113.6 113.7
113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18
113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8
114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27
114.28 114.29 114.30 114.31 114.32
114.33 115.1 115.2 115.3 115.4 115.5 115.6
115.7 115.8
115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32
115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8
116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33
117.1 117.2 117.3
117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20
117.21 117.22 117.23 117.24
117.25 117.26
117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26
118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 118.35 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29
119.30
119.31 119.32 119.33 119.34 119.35
120.1
120.2 120.3 120.4 120.5 120.6
120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12
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
122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 123.35 123.36 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18
124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31
125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24
126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2
127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31
129.32 129.33 129.34 129.35 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14
131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20
132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 133.36 134.1 134.2
134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 135.35 135.36 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10
136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18
136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 137.36 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30
138.31 138.32
138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 141.36 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27
142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 143.36 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 145.1 145.2 145.3
145.4 145.5 145.6
145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15
146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26
147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 148.36 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21
149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 150.36 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7
152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18
152.19
152.20 152.21 152.22 152.23
152.24
152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30
153.31 153.32 153.33
153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12
154.13
154.14 154.15 154.16 154.17 154.18 154.19
154.20
154.21 154.22 154.23 154.24 154.25 154.26 154.27
154.28
154.29 154.30 154.31 154.32 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10
155.11 155.12 155.13 155.14 155.15 155.16 155.17
155.18
155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 156.1 156.2 156.3 156.4
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
156.29 156.30 156.31 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22
157.23
157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 158.1 158.2
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
158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 159.36
159.37
159.38 159.39 159.40 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24
160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35 161.36
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12
162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13
163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23
163.24 163.25 163.26 163.27 163.28 163.29 163.30
163.31 163.32 163.33 164.1 164.2 164.3 164.4 164.5 164.6 164.7
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
165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 166.1 166.2 166.3 166.4 166.5
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
167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 168.36
169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 169.36 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 170.36 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 171.35 171.36 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27
172.28 172.29 172.30 172.31 172.32 172.33 172.34 172.35 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 173.35 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 176.35 176.36 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 177.34 177.35 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 178.36 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18
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
180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 180.34 180.35 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19
181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19
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
183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 184.35 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19
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
186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 187.36 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 188.36 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 189.35 189.36 190.1 190.2 190.3 190.4
190.5
190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 191.35 191.36 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32
192.33
192.34 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9
193.10 193.11 193.12 193.13 193.14 193.15
193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19
194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 194.34 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34 195.35 195.36 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23
196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32
196.33 196.34 197.1 197.2
197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 197.35 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13
198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 198.35 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8
199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21
199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19
200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28
200.29 200.30 200.31 200.32 200.33 200.34 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16
201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26
201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15
202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 202.34 202.35 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 205.35 205.36 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 206.35 206.36 206.37 206.38 206.39 206.40 206.41 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 207.36
208.1 208.2
208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26
208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17
209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32
209.33 209.34 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10
210.11 210.12 210.13 210.14 210.15 210.16 210.17
210.18 210.19 210.20 210.21 210.22 210.23
210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33
211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9
211.10 211.11 211.12 211.13 211.14
211.15 211.16 211.17 211.18 211.19 211.20
211.21 211.22 211.23 211.24 211.25 211.26
211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15
212.16 212.17
212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 212.34 213.1 213.2
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
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A bill for an act
relating to state government; establishing the health and human services budget;
modifying provisions governing children and family services, chemical and
mental health services, withdrawal management programs, direct care and
treatment, operations, health care, continuing care, and Department of Health
programs; making changes to medical assistance, general assistance, Minnesota
supplemental aid, Northstar Care for Children, MinnesotaCare, child care
assistance, and group residential housing programs; modifying child support
provisions; establishing standards for withdrawal management programs;
modifying requirements for background studies; making changes to provisions
governing the health information exchange; requiring reports; making technical
changes; modifying certain fees for Department of Health programs; modifying
fees of certain health-related licensing boards; appropriating money; amending
Minnesota Statutes 2014, sections 62A.045; 62J.498; 62J.4981; 62J.4982,
subdivisions 4, 5; 62V.05, subdivision 6; 119B.07; 119B.10, subdivision 1;
119B.11, subdivision 2a; 124D.165, subdivision 4; 144.057, subdivision 1;
144.291, subdivision 2; 144.293, subdivision 8; 144.298, subdivisions 2, 3;
144.3831, subdivision 1; 144.9501, subdivisions 6d, 22b, 26b, by adding
subdivisions; 144.9505; 144.9508; 144A.70, subdivision 6, by adding a
subdivision; 144A.71; 144A.72; 144A.73; 144D.01, by adding a subdivision;
145A.131, subdivision 1; 148.57, subdivisions 1, 2; 148.59; 148E.180,
subdivisions 2, 5; 149A.20, subdivisions 5, 6; 149A.40, subdivision 11; 149A.65;
149A.92, subdivision 1; 149A.97, subdivision 7; 150A.091, subdivisions 4, 5,
11, by adding subdivisions; 150A.31; 151.065, subdivisions 1, 2, 3, 4; 157.16;
174.30, by adding a subdivision; 245.4661, subdivision 5; 245C.03, by adding
subdivisions; 245C.08, subdivision 1; 245C.10, by adding subdivisions; 245C.12;
246.54, subdivision 1; 246B.01, subdivision 2b; 246B.10; 254B.05, subdivision
5; 256.01, by adding subdivisions; 256.015, subdivision 7; 256.017, subdivision
1; 256.478; 256.741, subdivisions 1, 2; 256.962, by adding a subdivision;
256.969, subdivisions 1, 2b, 9; 256.975, subdivision 8; 256B.059, subdivision
5; 256B.0615, subdivision 3; 256B.0622, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10,
by adding a subdivision; 256B.0624, subdivision 7; 256B.0625, subdivisions 9,
13h, 58, by adding a subdivision; 256B.0631; 256B.0757; 256B.092, subdivision
13; 256B.49, subdivision 24; 256B.75; 256B.76, subdivisions 2, 4; 256D.01,
subdivision 1b; 256D.44, subdivisions 2, 5; 256I.01; 256I.02; 256I.03; 256I.04;
256I.05, subdivisions 1c, 1g, by adding a subdivision; 256I.06; 256L.01,
subdivisions 3a, 5; 256L.03, subdivision 5; 256L.04, subdivisions 1a, 1c, 7b, 10;
256L.05, subdivisions 3, 3a, 4, by adding a subdivision; 256L.06, subdivision
3; 256L.11, subdivision 7; 256L.121, subdivision 1; 256L.15, subdivision 2;
256N.22, subdivisions 9, 10; 256N.24, subdivision 4; 256N.25, subdivision 1;
256N.27, subdivision 2; 259A.75; 260C.007, subdivisions 27, 32; 260C.203;
260C.212, subdivision 1, by adding subdivisions; 260C.221; 260C.331,
subdivision 1; 260C.451, subdivisions 2, 6; 260C.515, subdivision 5; 260C.521,
subdivisions 1, 2; 260C.607, subdivision 4; 282.241, subdivision 1; 297A.70,
subdivision 7; 514.73; 514.981, subdivision 2; 518A.32, subdivision 2; 518A.39,
subdivision 1, by adding a subdivision; 518A.41, subdivisions 1, 3, 4, 14, 15;
518A.46, subdivision 3, by adding a subdivision; 518A.51; 518A.53, subdivision
4; 518C.802; 580.032, subdivision 1; Laws 2014, chapter 189, sections 5; 10;
11; 16; 17; 18; 19; 23; 24; 27; 28; 29; 31; 43; 50; 51; 73; proposing coding for
new law in Minnesota Statutes, chapters 15; 119B; 144; 144D; 245; 246B; 256B;
proposing coding for new law as Minnesota Statutes, chapter 245F; repealing
Minnesota Statutes 2014, sections 124D.142; 256.969, subdivision 30; 256B.69,
subdivision 32; 256L.02, subdivision 3; 256L.05, subdivisions 1b, 1c, 3c, 5;
Minnesota Rules, part 8840.5900, subparts 12, 14.

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

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2014, section 119B.07, is amended to read:


119B.07 USE OF MONEY.

new text begin Subdivision 1. new text end

new text begin Uses of money. new text end

deleted text begin(a)deleted text end Money for persons listed in sections 119B.03,
subdivision 3
, and 119B.05, subdivision 1, shall be used to reduce the costs of child care
for students, including the costs of child care for students while employed if enrolled in an
eligible education program at the same time and making satisfactory progress towards
completion of the program. Counties may not limit the duration of child care subsidies for
a person in an employment or educational program, except when the person is found to be
ineligible under the child care fund eligibility standards. Any limitation must be based
on a person's employment plan in the case of an MFIP participant, and county policies
included in the child care fund plan. The maximum length of time a student is eligible for
child care assistance under the child care fund for education and training is no more than
the time necessary to complete the credit requirements for an associate or baccalaureate
degree as determined by the educational institution, excluding basic or remedial education
programs needed to prepare for postsecondary education or employment.

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

deleted text begin(b)deleted text end To be eligible, the student must be in good standing
and be making satisfactory progress toward the degree. Time limitations for child care
assistance do not apply to basic or remedial educational programs needed to prepare
for postsecondary education or employment. These programs include: high school,
general equivalency diploma, and English as a second language. Programs exempt from
this time limit must not run concurrently with a postsecondary program. If an MFIP
participant who is receiving MFIP child care assistance under this chapter moves to
another county, continues to participate in educational or training programs authorized in
their employment plans, and continues to be eligible for MFIP child care assistance under
this chapter, the MFIP participant must receive continued child care assistance from the
county responsible for their current employment plan, under section 256G.07.

new text begin Subd. 3. new text end

new text begin Amount of child care assistance authorized. new text end

new text begin (a) If the student meets the
conditions of subdivisions 1 and 2, child care assistance must be authorized for all hours
of actual class time and credit hours, including independent study and internships; up to
two hours of travel time per day; and, for postsecondary students, two hours per week
per credit hour for study time and academic appointments. For an MFIP or DWP student
whose employment plan specifies a different time frame, child care assistance must be
authorized according to the time frame specified in the employment plan.
new text end

new text begin (b) The amount of child care assistance authorized must take into consideration the
amount of time the parent reports on the application or redetermination form that the child
attends preschool, a Head Start program, or school while the parent is participating in
the parent's authorized activity.
new text end

new text begin (c) When the conditions in paragraph (d) do not apply, the applicant's or participant's
activity schedule does not need to be verified. The amount of child care assistance
authorized may be used during the applicant's or participant's activity or at other times, as
determined by the family, to meet the developmental needs of the child.
new text end

new text begin (d) Care must be authorized based on the applicant's or participant's verified activity
schedule when:
new text end

new text begin (1) the family requests to regularly receive care from more than one provider per child;
new text end

new text begin (2) the family requests a legal nonlicensed provider;
new text end

new text begin (3) the family includes more than one applicant or participant; or
new text end

new text begin (4) an applicant or participant is employed by a child care center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 2.

Minnesota Statutes 2014, section 119B.10, subdivision 1, is amended to read:


Subdivision 1.

Assistance for persons seeking and retaining employment.

(a)
Persons who are seeking employment and who are eligible for assistance under this
section are eligible to receive up to 240 hours of child care assistance per calendar year.

(b) Employed persons who work at least an average of 20 hours and full-time
students who work at least an average of ten hours a week and receive at least a minimum
wage for all hours worked are eligible for continued child care assistance for employment.
For purposes of this section, work-study programs must be counted as employment. Child
care assistance deleted text beginduring employmentdeleted text endnew text begin for employed participantsnew text end must be authorized as
provided in paragraphs (c) deleted text beginanddeleted text endnew text begin,new text end (d)new text begin, (e), (f), and (g)new text end.

(c) When the person works for an hourly wage and the hourly wage is equal to or
greater than the applicable minimum wage, child care assistance shall be provided for the
actual hours of employment, break, and mealtime during the employment and travel time
up to two hours per day.

(d) When the person does not work for an hourly wage, child care assistance must be
provided for the lesser of:

(1) the amount of child care determined by dividing gross earned income by the
applicable minimum wage, up to one hour every eight hours for meals and break time,
plus up to two hours per day for travel time; or

(2) the amount of child care equal to the actual amount of child care used during
employment, including break and mealtime during employment, and travel time up to
two hours per day.

new text begin (e) The amount of child care assistance authorized must take into consideration the
amount of time the parent reports on the application or redetermination form that the child
attends preschool, a Head Start program, or school while the parent is participating in
the parent's authorized activity.
new text end

new text begin (f) When the conditions in paragraph (g) do not apply, the applicant's or participant's
activity schedule does not need to be verified. The amount of child care assistance
authorized may be used during the applicant's or participant's activity or at other times, as
determined by the family, to meet the developmental needs of the child.
new text end

new text begin (g) Care must be authorized based on the applicant's or participant's verified activity
schedule when:
new text end

new text begin (1) the family requests to regularly receive care from more than one provider per child;
new text end

new text begin (2) the family requests a legal nonlicensed provider;
new text end

new text begin (3) the family includes more than one applicant or participant; or
new text end

new text begin (4) an applicant or participant is employed by a child care center.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 3.

Minnesota Statutes 2014, section 119B.11, subdivision 2a, is amended to read:


Subd. 2a.

Recovery of overpayments.

(a) An amount of child care assistance
paid to a recipientnew text begin or providernew text end in excess of the payment due is recoverable by the county
agency under paragraphs (b) and (c), even when the overpayment was caused by deleted text beginagency
error or
deleted text end circumstances outside the responsibility and control of the family or provider.new text begin
Notwithstanding any provision to the contrary in this subdivision, an overpayment must
be recovered, regardless of amount or time period, if the overpayment was caused by
wrongfully obtaining assistance under section 256.98 or benefits paid while an action is
pending appeal under section 119B.16, to the extent the commissioner finds on appeal that
the appellant was not eligible for the amount of child care assistance paid.
new text end

(b) An overpayment must be recouped or recovered from the family if the
overpayment benefited the family by causing the family to pay less for child care expenses
than the family otherwise would have been required to pay under child care assistance
program requirements.new text begin Family overpayments must be established and recovered in
accordance with clauses (1) to (5).
new text end

new text begin (1) If the overpayment is estimated to be less than $500, the overpayment must not be
established or collected. Any portion of the overpayment that occurred more than one year
prior to the date of the overpayment determination must not be established or collected.
new text end

new text begin (2)new text end If the family remains eligible for child care assistancenew text begin and an overpayment is
established
new text end, the overpayment must be recovered through recoupment as identified in
Minnesota Rules, part 3400.0187, except that the overpayments must be calculated and
collected on a service period basis. deleted text beginIf the family no longer remains eligible for child
care assistance, the county may choose to initiate efforts to recover overpayments from
the family for overpayment less than $50.
deleted text end

new text begin (3)new text end If the new text beginfamily is no longer eligible for child care assistance and an new text endoverpayment
is deleted text begingreater than or equal to $50deleted text endnew text begin establishednew text end, the county shall seek voluntary repayment of
the overpayment from the family.

new text begin (4)new text end If the county is unable to recoup the overpayment through voluntary repayment,
the county shall initiate civil court proceedings to recover the overpayment unless the
county's costs to recover the overpayment will exceed the amount of the overpayment.

new text begin (5)new text end A family with an outstanding debt under this subdivision is not eligible for
child care assistance until:

deleted text begin (1)deleted text endnew text begin (i)new text end the debt is paid in full; or

deleted text begin (2)deleted text endnew text begin (ii)new text end satisfactory arrangements are made with the county to retire the debt
consistent with the requirements of this chapter and Minnesota Rules, chapter 3400, and
the family is in compliance with the arrangements.

(c) The county must recover an overpayment from a provider if the overpayment did
not benefit the family by causing it to receive more child care assistance or to pay less
for child care expenses than the family otherwise would have been eligible to receive
or required to pay under child care assistance program requirements, and benefited the
provider by causing the provider to receive more child care assistance than otherwise
would have been paid on the family's behalf under child care assistance program
requirements. If the provider continues to care for children receiving child care assistance,
the overpayment must be recovered through reductions in child care assistance payments
for services as described in an agreement with the county. The provider may not charge
families using that provider more to cover the cost of recouping the overpayment. If the
provider no longer cares for children receiving child care assistance, the county may
choose to initiate efforts to recover overpayments of less than $50 from the provider. If the
overpayment is greater than or equal to $50, the county shall seek voluntary repayment of
the overpayment from the provider. If the county is unable to recoup the overpayment
through voluntary repayment, the county shall initiate civil court proceedings to recover
the overpayment unless the county's costs to recover the overpayment will exceed the
amount of the overpayment. A provider with an outstanding debt under this subdivision is
not eligible to care for children receiving child care assistance until:

(1) the debt is paid in full; or

(2) satisfactory arrangements are made with the county to retire the debt consistent
with the requirements of this chapter and Minnesota Rules, chapter 3400, and the provider
is in compliance with the arrangements.

(d) When both the family and the provider acted together to intentionally cause the
overpayment, both the family and the provider are jointly liable for the overpayment
regardless of who benefited from the overpayment. The county must recover the
overpayment as provided in paragraphs (b) and (c). When the family or the provider is in
compliance with a repayment agreement, the party in compliance is eligible to receive
child care assistance or to care for children receiving child care assistance despite the
other party's noncompliance with repayment arrangements.

new text begin (e) An overpayment caused by agency error must not be established or collected.
An overpayment caused by more than one reason must not be established or collected
if any portion of the overpayment is due to agency error. This paragraph does not
apply if the overpayment was caused in part by wrongfully obtaining assistance under
section 256.98 or benefits paid pending appeal under section 119B.16, to the extent that
the commissioner finds on appeal that the appellant was not eligible for the amount of
child care assistance paid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 4.

new text begin [119B.27] QUALITY RATING AND IMPROVEMENT SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin A voluntary quality rating and
improvement system is established to ensure that Minnesota's children have access to
high-quality early childhood programs in a range of settings in order to improve the
educational outcomes of children so that they are ready for school.
new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin The commissioner of human services, in cooperation with the
commissioner of health and the commissioner of education, shall create quality standards
and indicators using research-based practices.
new text end

new text begin Subd. 3. new text end

new text begin Eligible early childhood programs. new text end

new text begin Early childhood programs eligible to
participate in the voluntary quality rating and improvement system include:
new text end

new text begin (1) child care centers licensed under Minnesota Rules, chapter 9503;
new text end

new text begin (2) family and group family day care homes licensed under Minnesota Rules,
chapter 9502;
new text end

new text begin (3) Head Start programs under section 119A.50;
new text end

new text begin (4) school readiness programs under section 124D.15;
new text end

new text begin (5) early childhood special education programs under chapter 125A;
new text end

new text begin (6) tribally licensed early childhood programs; and
new text end

new text begin (7) other program types as determined by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin For each eligible early childhood program that voluntarily seeks a
rating, the commissioner shall:
new text end

new text begin (1) assess program quality using established quality standards and indicators;
new text end

new text begin (2) determine a rating or determine that no rating was earned;
new text end

new text begin (3) issue a rating;
new text end

new text begin (4) reassess a rating if the early childhood program:
new text end

new text begin (i) believes one or more errors was made in the program's quality assessment; and
new text end

new text begin (ii) requests reconsideration of the rating in writing to the commissioner within
60 days of the issuance date of the rating;
new text end

new text begin (5) revoke a rating under any of the following conditions:
new text end

new text begin (i) a licensed early childhood program is issued a conditional license or a licensing
sanction under chapter 245A;
new text end

new text begin (ii) an early childhood program, provider, or person knowingly withholds relevant
information from or gives false or misleading information to an assessor in the quality
rating assessment process;
new text end

new text begin (iii) an early childhood program, provider, or person is disqualified from receiving
payment for child care services from the child care assistance program under this chapter,
due to wrongfully obtaining child care assistance under section 256.98, subdivision 8,
paragraph (c);
new text end

new text begin (iv) an early childhood program, provider, or person has a determination of
substantiated financial misconduct in early learning scholarships under section 124D.165;
or
new text end

new text begin (v) an early childhood program is no longer eligible under subdivision 3; and
new text end

new text begin (6) make rating information publicly available to consumers.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2014, section 124D.165, subdivision 4, is amended to read:


Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept
an early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section deleted text begin124D.142deleted text endnew text begin
119B.27
new text end; and

(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating
and improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

(c) Notwithstanding paragraph (a), all Minnesota early learning foundation
scholarship program pilot sites are eligible to accept an early learning scholarship under
this section.

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 2014, section 245C.03, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Providers of group residential housing or supplementary services.
new text end

new text begin The commissioner shall conduct background studies on any individual required under
section 256I.04 to have a background study completed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 7.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Providers of group residential housing or supplementary services.
new text end

new text begin The commissioner shall recover the cost of background studies initiated by providers of
group residential housing or supplementary services under section 256I.04 through a fee
of no more than $20 per study. The fees collected under this subdivision are appropriated
to the commissioner for the purpose of conducting background studies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 8.

Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 14c. new text end

new text begin Early intervention support and services for at-risk American Indian
families.
new text end

new text begin (a) The commissioner shall authorize grants to tribal child welfare agencies and
urban Indian organizations for the purpose of providing early intervention support and
services to prevent child maltreatment for at-risk American Indian families.
new text end

new text begin (b) The commissioner is authorized to develop program eligibility criteria, early
intervention service delivery procedures, and reporting requirements for agencies and
organizations receiving grants.
new text end

Sec. 9.

Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:


Subdivision 1.

Authority and purpose.

The commissioner shall administer a
compliance system for the Minnesota family investment program, the food stamp or
food support program, emergency assistance, general assistance, medical assistance,
emergency general assistance, Minnesota supplemental assistancenew text begin, group residential
housing and housing assistance
new text end, preadmission screening, alternative care grants, the child
care assistance program, and all other programs administered by the commissioner or on
behalf of the commissioner under the powers and authorities named in section 256.01,
subdivision 2
. The purpose of the compliance system is to permit the commissioner to
supervise the administration of public assistance programs and to enforce timely and
accurate distribution of benefits, completeness of service and efficient and effective
program management and operations, to increase uniformity and consistency in the
administration and delivery of public assistance programs throughout the state, and to
reduce the possibility of sanctions and fiscal disallowances for noncompliance with federal
regulations and state statutes. The commissioner, or the commissioner's representative,
may issue administrative subpoenas as needed in administering the compliance system.

The commissioner shall utilize training, technical assistance, and monitoring
activities, as specified in section 256.01, subdivision 2, to encourage county agency
compliance with written policies and procedures.

Sec. 10.

Minnesota Statutes 2014, section 256.741, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The term "direct support" as used in this chapter and
chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor
which is paid directly to a recipient of public assistance.

(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
and 518C, includes any form of assistance provided under the AFDC program formerly
codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter
256, MFIP under chapter 256J, work first program formerly codified under chapter 256K;
child care assistance provided through the child care fund under chapter 119B; any form
of medical assistance under chapter 256B; deleted text beginMinnesotaCare under chapter 256L;deleted text end and foster
care as provided under title IV-E of the Social Security Act.new text begin MinnesotaCare and health
plans subsidized by federal premium tax credits or federal cost-sharing reductions are not
considered public assistance for purposes of a child support referral.
new text end

(c) The term "child support agency" as used in this section refers to the public
authority responsible for child support enforcement.

(d) The term "public assistance agency" as used in this section refers to a public
authority providing public assistance to an individual.

(e) The terms "child support" and "arrears" as used in this section have the meanings
provided in section 518A.26.

(f) The term "maintenance" as used in this section has the meaning provided in
section 518.003.

Sec. 11.

Minnesota Statutes 2014, section 256.741, subdivision 2, is amended to read:


Subd. 2.

Assignment of support and maintenance rights.

(a) An individual
receiving public assistance in the form of assistance under any of the following programs:
the AFDC program formerly codified in sections 256.72 to 256.87, MFIP under chapter
256J, MFIP-R and MFIP formerly codified under chapter 256, or work first program
formerly codified under chapter 256K is considered to have assigned to the state at the
time of application all rights to child support and maintenance from any other person the
applicant or recipient may have in the individual's own behalf or in the behalf of any other
family member for whom application for public assistance is made. An assistance unit is
ineligible for the Minnesota family investment program unless the caregiver assigns all
rights to child support and maintenance benefits according to this section.

(1) The assignment is effective as to any current child support and current
maintenance.

(2) Any child support or maintenance arrears that accrue while an individual is
receiving public assistance in the form of assistance under any of the programs listed in
this paragraph are permanently assigned to the state.

(3) The assignment of current child support and current maintenance ends on the
date the individual ceases to receive or is no longer eligible to receive public assistance
under any of the programs listed in this paragraph.

(b) An individual receiving public assistance in the form of medical assistancedeleted text begin,
including MinnesotaCare,
deleted text end is considered to have assigned to the state at the time of
application all rights to medical support from any other person the individual may have
in the individual's own behalf or in the behalf of any other family member for whom
medical assistance is provided.

(1) An assignment made after September 30, 1997, is effective as to any medical
support accruing after the date of medical assistance deleted text beginor MinnesotaCaredeleted text end eligibility.

(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistancedeleted text begin, including MinnesotaCare,deleted text end are permanently
assigned to the state.

(3) The assignment of current medical support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of medical
assistance deleted text beginor MinnesotaCaredeleted text end.

(c) An individual receiving public assistance in the form of child care assistance
under the child care fund pursuant to chapter 119B is considered to have assigned to the
state at the time of application all rights to child care support from any other person the
individual may have in the individual's own behalf or in the behalf of any other family
member for whom child care assistance is provided.

(1) The assignment is effective as to any current child care support.

(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter 119B
are permanently assigned to the state.

(3) The assignment of current child care support ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance in the form of child
care assistance under the child care fund under chapter 119B.

Sec. 12.

Minnesota Statutes 2014, section 256D.01, subdivision 1b, is amended to read:


Subd. 1b.

Rules.

The commissioner shall adopt rules to set standards of assistance
and methods of calculating payment to conform with subdivision 1a. When a recipient
new text beginis receiving housing assistance according to section 256I.04, subdivision 1, paragraph
(d), or
new text endis a resident of a licensed residential facility, except shelters for the homeless or
shelters under section 611A.31, the recipient is not eligible for a full general assistance
standard. The state standard of assistance for those recipients who have personal needs not
otherwise provided for is the personal needs allowance authorized for medical assistance
recipients under section 256B.35.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2017.
new text end

Sec. 13.

Minnesota Statutes 2014, section 256D.44, subdivision 2, is amended to read:


Subd. 2.

Standard of assistance for certain persons.

The state standard
of assistance for a person who: (1) is eligible for a medical assistance home and
community-based services waiver; new text beginor new text end(2) has been determined by the local agency to meet
the deleted text beginplandeleted text endnew text begin eligibilitynew text end requirements deleted text beginfor placement in a group residential housing facilitydeleted text end
under section 256I.04, subdivision 1adeleted text begin; or (3) is eligible for a shelter needy payment under
subdivision 5, paragraph (f)
deleted text end, is the standard established in subdivision 3, paragraph (a)
or (b).

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to this section striking clause (3) is effective
February 1, 2017.
new text end

Sec. 14.

Minnesota Statutes 2014, section 256D.44, subdivision 5, is amended to read:


Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

deleted text begin (f)(1) Notwithstanding the language in this subdivision, an amount equal to
the maximum allotment authorized by the federal Food Stamp Program for a single
individual which is in effect on the first day of July of each year will be added to the
standards of assistance established in subdivisions 1 to 4 for adults under the age of
65 who qualify as shelter needy and are: (i) relocating from an institution, or an adult
mental health residential treatment program under section 256B.0622; or (ii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).
deleted text end

deleted text begin (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.
deleted text end

deleted text begin (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.
deleted text end

deleted text begin (g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider. When housing is controlled by the service
provider, the individual may choose the individual's own service provider as provided in
section 256B.49, subdivision 23, clause (3). When the housing is controlled by the service
provider, the service provider shall implement a plan with the recipient to transition the
lease to the recipient's name. Within two years of signing the initial lease, the service
provider shall transfer the lease entered into under this subdivision to the recipient. In
the event the landlord denies this transfer, the commissioner may approve an exception
within sufficient time to ensure the continued occupancy by the recipient. This paragraph
expires June 30, 2016.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2017.
new text end

Sec. 15.

Minnesota Statutes 2014, section 256I.01, is amended to read:


256I.01 CITATION.

Sections 256I.01 to 256I.06 shall be cited as the "deleted text beginGroupdeleted text end Residential Housing Act."

Sec. 16.

Minnesota Statutes 2014, section 256I.02, is amended to read:


256I.02 PURPOSE.

The deleted text beginGroupdeleted text end Residential Housing Act establishes a comprehensive system of rates
and payments for persons who reside in the community and who meet the eligibility
criteria under section 256I.04, subdivision 1.

Sec. 17.

Minnesota Statutes 2014, section 256I.03, is amended to read:


256I.03 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 256I.01 to 256I.06, the terms
defined in this section have the meanings given them.

Subd. 1a.

Agency.

"Agency" has the meaning given in section 256P.01, subdivision
2.

deleted text begin Subd. 2. deleted text end

deleted text begin Group residential housing rate. deleted text end

deleted text begin "Group residential housing rate" means
a monthly rate set for shelter, fuel, food, utilities, household supplies, and other costs
necessary to provide room and board for eligible individuals. Group residential housing
rate does not include payments for foster care for children who are not blind, child
welfare services, medical care, dental care, hospitalization, nursing care, drugs or medical
supplies, program costs, or other social services. The rate is negotiated by the county
agency according to the provisions of sections 256I.01 to 256I.06.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Group residential housing. deleted text end

deleted text begin "Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section 256I.04. This definition includes foster care
settings or community residential settings for a single adult. To receive payment for a
group residence rate, the residence must meet the requirements under section 256I.04,
subdivision 2a
.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin MSA equivalent rate. deleted text end

deleted text begin "MSA equivalent rate" means an amount equal
to the total of:
deleted text end

deleted text begin (1) the combined maximum shelter and basic needs standards for MSA recipients
living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph
(a); plus
deleted text end

deleted text begin (2) the maximum allotment authorized by the federal Food Stamp Program for a
single individual which is in effect on the first day of July each year; less
deleted text end

deleted text begin (3) the personal needs allowance authorized for medical assistance recipients under
section 256B.35.
deleted text end

deleted text begin The MSA equivalent rate is to be adjusted on the first day of July each year to reflect
changes in any of the component rates under clauses (1) to (3).
deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin Medical assistance room and board rate. deleted text end

deleted text begin "Medical assistance room
and board rate" means an amount equal to the medical assistance income standard for a
single individual living alone in the community less the medical assistance personal needs
allowance under section 256B.35. For the purposes of this section, the amount of the
group residential housing rate that exceeds the medical assistance room and board rate is
considered a remedial care cost. A remedial care cost may be used to meet a spenddown
obligation under section 256B.056, subdivision 5. The medical assistance room and board
rate is to be adjusted on the first day of January of each year.
deleted text end

deleted text begin Subd. 7. deleted text end

deleted text begin Countable income. deleted text end

deleted text begin "Countable income" means all income received by
an applicant or recipient less any applicable exclusions or disregards. For a recipient of
any cash benefit from the SSI program, countable income means the SSI benefit limit in
effect at the time the person is in a GRH, less the medical assistance personal needs
allowance. If the SSI limit has been reduced for a person due to events occurring prior
to the persons entering the GRH setting, countable income means actual income less
any applicable exclusions and disregards.
deleted text end

deleted text begin Subd. 8. deleted text end

deleted text begin Supplementary services. deleted text end

deleted text begin "Supplementary services" means services
provided to residents of group residential housing providers in addition to room and
board including, but not limited to, oversight and up to 24-hour supervision, medication
reminders, assistance with transportation, arranging for meetings and appointments, and
arranging for medical and social services.
deleted text end

new text begin Subd. 9. new text end

new text begin Countable income. new text end

new text begin "Countable income" means all income received by an
applicant or recipient less any applicable exclusions or disregards. For a recipient of any
cash benefit from the SSI program, countable income means the SSI benefit limit in effect
at the time the person is a recipient of group residential housing or housing assistance, less
the medical assistance personal needs allowance under section 256B.35. If 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.
new text end

new text begin Subd. 10. new text end

new text begin Direct contact. new text end

new text begin "Direct contact" means providing face-to-face care,
support, training, supervision, counseling, consultation, or medication assistance to
recipients of group residential housing or supplementary services.
new text end

new text begin Subd. 11. new text end

new text begin Group residential housing. new text end

new text begin "Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who meet
the eligibility requirements of section 256I.04. To receive payment for a group residence
rate, the residence must meet the requirements under section 256I.04, subdivisions 2a to 2f.
new text end

new text begin Subd. 12. new text end

new text begin Group residential housing rate. new text end

new text begin "Group residential housing rate"
means a monthly rate set for shelter, fuel, food, utilities, household supplies, and other
costs necessary to provide room and board for eligible individuals. Group residential
housing rate does not include payments for foster care for children who are not blind,
child welfare services, medical care, dental care, hospitalization, nursing care, drugs or
medical supplies, program costs, or other social services. The rate is negotiated by the
county agency according to the provisions of sections 256I.01 to 256I.06.
new text end

new text begin Subd. 13. new text end

new text begin Habitability inspection. new text end

new text begin "Habitability inspection" means an inspection to
determine whether the housing occupied by an individual meets the habitability standards
specified by the commissioner. The standards must be provided to the applicant in written
form and posted on the Department of Human Services Web site.
new text end

new text begin Subd. 14. new text end

new text begin Housing assistance. new text end

new text begin "Housing assistance" means a monthly rate provided
to an individual who is living in the individual's own home that has passed a habitability
inspection.
new text end

new text begin Subd. 15. new text end

new text begin Housing costs. new text end

new text begin "Housing costs" means actual monthly rent or mortgage
amount, costs associated with heating, cooling, electricity, water, sewer, and garbage
collection, and the basic service fee for one telephone.
new text end

new text begin Subd. 16. new text end

new text begin Institution. new text end

new text begin "Institution" means a hospital, a nursing facility, an
intermediate care facility for persons with developmental disabilities, or regional treatment
center inpatient services provided according to section 245.474.
new text end

new text begin Subd. 17. new text end

new text begin Long-term homelessness. new text end

new text begin "Long-term homelessness" means lacking
a permanent place to live: (1) continuously for one year or more; or (2) at least four
times in the past three years.
new text end

new text begin Subd. 18. new text end

new text begin MSA equivalent rate. new text end

new text begin "MSA equivalent rate" means an amount equal
to the total of:
new text end

new text begin (1) the combined maximum shelter and basic needs standards for MSA recipients
living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph
(a); plus
new text end

new text begin (2) the maximum allotment authorized by the federal Food Stamp Program for a
single individual which is in effect on the first day of July each year; less
new text end

new text begin (3) the personal needs allowance authorized for medical assistance recipients under
section 256B.35.
new text end

new text begin The MSA equivalent rate is to be adjusted on the first day of July each year to reflect
changes in any of the component rates under clauses (1) to (3).
new text end

new text begin Subd. 19. new text end

new text begin Medical assistance room and board rate. new text end

new text begin "Medical assistance room
and board rate" means an amount equal to the medical assistance income standard for a
single individual living alone in the community less the medical assistance personal needs
allowance under section 256B.35. For the purposes of this section, the amount of the
group residential housing rate that exceeds the medical assistance room and board rate is
considered a remedial care cost. A remedial care cost may be used to meet a spenddown
obligation under section 256B.056, subdivision 5. The medical assistance room and board
rate is to be adjusted on the first day of January of each year.
new text end

new text begin Subd. 20. new text end

new text begin Own home. new text end

new text begin "Own home" means an individual's residence that: (1) is
owned, rented, or leased by an individual who is responsible for the individual's own
meals; (2) is not licensed according to section 256I.04, subdivision 2a; and (3) does not
have program requirements that restrict residency.
new text end

new text begin Subd. 21. new text end

new text begin Payment. new text end

new text begin "Payment" means a group residential housing payment or a
housing assistance program.
new text end

new text begin Subd. 22. new text end

new text begin Professional certification. new text end

new text begin "Professional certification" means a statement
about an individual's illness, injury, or incapacity that is signed by a qualified professional.
The statement must specify that the individual has an illness or incapacity which limits the
individual's ability to work and provide self-support. The statement must also specify that
the individual needs assistance to access or maintain housing, as evidenced by the need
for two or more of the following services:
new text end

new text begin (1) tenancy supports to assist an individual with finding the individual's own
home, landlord negotiation, securing furniture and household supplies, understanding
and maintaining tenant responsibilities, conflict negotiation, and budgeting and financial
education;
new text end

new text begin (2) supportive services to assist with basic living and social skills, household
management, monitoring of overall well-being, and problem solving;
new text end

new text begin (3) employment supports to assist with maintaining or increasing employment,
increasing earnings, understanding and utilizing appropriate benefits and services,
improving physical or mental health, moving toward self-sufficiency, and achieving
personal goals; or
new text end

new text begin (4) health supervision services to assist in the preparation and administration of
medications other than injectables, the provision of therapeutic diets, taking vital signs, or
providing assistance in dressing, grooming, bathing, or with walking devices.
new text end

new text begin Subd. 23. new text end

new text begin Prospective budgeting. new text end

new text begin "Prospective budgeting" means estimating the
amount of monthly income a person will have in the payment month.
new text end

new text begin Subd. 24. new text end

new text begin Qualified professional. new text end

new text begin "Qualified professional" means an individual as
defined in section 256J.08, subdivision 73a, or Minnesota Rules, part 9530.6450, subpart
3, 4, or 5; or an individual approved by the director of human services or a designee
of the director.
new text end

new text begin Subd. 25. new text end

new text begin Supplementary services. new text end

new text begin "Supplementary services" means services
provided to recipients of group residential housing or housing assistance in addition to
room and board including, but not limited to, oversight and up to 24-hour supervision,
medication reminders, assistance with transportation, arranging for meetings and
appointments, and arranging for medical and social services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to subdivision 7 is effective August 1, 2015.
The amendment to subdivision 8 is effective February 1, 2017. Subdivision 9 is effective
August 1, 2015. Subdivision 25 is effective February 1, 2017.
new text end

Sec. 18.

Minnesota Statutes 2014, section 256I.04, is amended to read:


256I.04 ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENTnew text begin
AND HOUSING ASSISTANCE PAYMENT
new text end.

Subdivision 1.

Individual eligibility requirements.

An individual is eligible for
and entitled to a group residential housing payment deleted text beginto be made on the individual's behalf
if the agency has approved the individual's residence in a group residential housing setting
and
deleted text end new text beginor a housing assistance payment if new text endthe individual meets the requirements in paragraph
(a) or (b)new text begin, and demonstrates a need for services under paragraph (c). An applicant for
housing assistance must also meet the requirements under paragraphs (d) and (e). An
applicant for group residential housing must also meet the applicable countable income
threshold under paragraph (f)
new text end.

(a) The individual is aged, blind, or is over 18 years of age and disabled as
determined under the criteria used by the title II program of the Social Security Act, and
meets the resource restrictions and standards of section 256P.02, and the individual's
countable income deleted text beginafter deductingdeleted text endnew text begin shall be reduced by new text end the (1) exclusions and disregards of
the SSI program, new text beginand new text end(2) the medical assistance personal needs allowance under section
256B.35deleted text begin, and (3) an amount equal to the income actually made available to a community
spouse by an elderly waiver participant under the provisions of sections 256B.0575,
paragraph (a)
, clause
deleted text enddeleted text begin(4), and 256B.058, subdivision 2, is less than the monthly rate
specified in the agency's agreement with the provider of group residential housing in
which the individual resides
deleted text end.

(b) The individual meets a category of eligibility under section 256D.05, subdivision
1
, paragraph (a), new text beginclauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, new text endand
the individual's resources are less than the standards specified by section 256P.02, and the
individual's countable income deleted text beginasdeleted text end new text beginis new text enddetermined under sections 256D.01 to 256D.21, less
the medical assistance personal needs allowance under section 256B.35 deleted text beginis less than the
monthly rate specified in the agency's agreement with the provider of group residential
housing in which the individual resides
deleted text end.

new text begin (c) The individual must demonstrate a need for services as shown by receipt of:
new text end

new text begin (1) an assessed need for supportive housing according to the continuum of care
coordinated assessment system established under Code of Federal Regulations, title 24,
section 578.3;
new text end

new text begin (2) home and community-based services identified in section 245D.03, subdivision 1;
alternative care according to section 256B.0913; adult rehabilitative mental health services
according to section 256B.0623; targeted case management services according to section
256B.0924, subdivision 3; assertive community treatment services according to section
256B.0622, subdivision 2; essential community supports according to section 256B.0922;
nonresidential chemical dependency treatment services identified in Minnesota Rules,
parts 9530.6620 and 9530.6622; community first services and supports according to
section 256B.85; or a difficulty of care rate according to section 256I.05, subdivision 1c; or
new text end

new text begin (3) a professional certification for residence in group residential housing.
new text end

new text begin (d) Effective February 1, 2017, an individual is eligible for housing assistance if
the individual:
new text end

new text begin (1) is relocating out of an institution or a licensed or registered setting according to
subdivision 2a, within the last 90 days; was receiving group residential housing payments in
the individual's own home as of February 1, 2017; or was receiving the shelter special need
payment under section 256D.44, subdivision 5, paragraph (f), on January 31, 2017; and
new text end

new text begin (2) has monthly housing costs in the individual's own home that are more than 40
percent of the individual's monthly countable income.
new text end

new text begin (e) An individual who receives housing assistance is required to apply for federal
rental assistance in the individual's own home, if applicable. An individual may not
receive housing assistance and group residential housing or state or federal rental
assistance at the same time.
new text end

new text begin (f) An individual is eligible for group residential housing if the amount of countable
income under paragraph (a) or (b) is less than the monthly rate specified in the agency's
agreement with the provider of group residential housing in which the individual resides.
In addition, the countable income under paragraph (a) must be reduced by an amount
equal to the income actually made available to a community spouse by an elderly waiver
participant under sections 256B.0575, subdivision 1, paragraph (a), clause (4), and
256B.058, subdivision 2.
new text end

Subd. 1a.

County approval.

(a) A county agency may not approve a deleted text begingroup
residential housing
deleted text end payment for an individual in any setting with a rate in excess of the
MSA equivalent rate deleted text beginfor more than 30 days in a calendar yeardeleted text endnew text begin or for an individual in the
individual's own home in excess of the housing assistance payment
new text end unless the deleted text begincounty
agency has developed or approved
deleted text endnew text begin individual hasnew text end a deleted text beginplan for the individual which specifies
that:
deleted text endnew text begin professional certification, under section 256I.03, subdivision 22.
new text end

deleted text begin (1) the individual has an illness or incapacity which prevents the person from living
independently in the community; and
deleted text end

deleted text begin (2) the individual's illness or incapacity requires the services which are available in
the group residence.
deleted text end

deleted text begin The plan must be signed or countersigned by any of the following employees of the
county of financial responsibility: the director of human services or a designee of the
director; a social worker; or a case aide.
deleted text end

(b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements under this section, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.

new text begin (c) Effective July 1, 2016, to be eligible for supplementary service payments,
providers must enroll in the provider enrollment system identified by the commissioner.
new text end

Subd. 1b.

Optional state supplements to SSI.

Group residential housingnew text begin and
housing assistance
new text end payments made on behalf of persons eligible under subdivision 1,
paragraph (a), are optional state supplements to the SSI program.

Subd. 1c.

Interim assistance.

Group residential housingnew text begin and housing assistancenew text end
payments made on behalf of persons eligible under subdivision 1, paragraph (b), are
considered interim assistance payments to applicants for the federal SSI program.

Subd. 2.

Date of eligibility.

An individual who has met the eligibility requirements
of subdivision 1, shall have a deleted text begingroup residential housingdeleted text end payment made on the individual's
behalf from the first day of the month in which a signed application form is received by
a county agency, or the first day of the month in which all eligibility factors have been
met, whichever is later.

Subd. 2a.

License requirednew text begin, staffing qualificationsnew text end.

deleted text beginA countydeleted text endnew text begin (a) Except
as provided in paragraph (b), an
new text end agency may not enter into an agreement with an
establishment to provide group residential housing unless:

(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; deleted text begina residential care home;deleted text end a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;

(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; (iii) deleted text begina residencedeleted text end licensed by the commissioner under Minnesota Rules, parts
2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or (iv)
licensed under section 245D.02, subdivision 4a, as a community residential setting by
the commissioner of human services;new text begin or
new text end

(3) the establishment is registered under chapter 144D and provides three meals a
daydeleted text begin, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; or
deleted text endnew text begin.
new text end

deleted text begin (4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing.
deleted text end

new text begin (b) new text endThe requirements under deleted text beginclauses (1) to (4)deleted text endnew text begin paragraph (a)new text end do not apply to
establishments exempt from state licensure because they arenew text begin:
new text end

new text begin (1)new text end located on Indian reservations and subject to tribal health and safety
requirementsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) a supportive housing establishment that has an approved habitability inspection
and an individual lease agreement and that serves people who have experienced long-term
homelessness and were referred through a coordinated assessment in subdivision 1,
paragraph (c), clause (1).
new text end

new text begin (c) Supportive housing establishments and emergency shelters must participate in
the homeless management information system.
new text end

new text begin (d) Effective July 1, 2016, an agency shall not have an agreement with a provider
of group residential housing or supplementary services unless all staff members who
have direct contact with recipients:
new text end

new text begin (1) have the skills and knowledge acquired through:
new text end

new text begin (i) a course of study in a health- or human services-related field leading to a bachelor
of arts, bachelor of science, or associate's degree;
new text end

new text begin (ii) one year of experience with the target population served;
new text end

new text begin (iii) experience as a certified peer specialist according to section 256B.0615; or
new text end

new text begin (iv) meeting the requirements for unlicensed personnel under sections 144A.43
to 144A.483;
new text end

new text begin (2) hold a current Minnesota driver's license appropriate to the vehicle driven if
transporting participants;
new text end

new text begin (3) complete training on vulnerable adults mandated reporting and child
maltreatment mandated reporting where applicable; and
new text end

new text begin (4) complete group residential housing orientation training offered by the
commissioner.
new text end

Subd. 2b.

deleted text beginGroup residential housingdeleted text end Agreements.

new text begin(a) new text endAgreements between deleted text begincountydeleted text end
agencies and providers of group residential housingnew text begin or supplementary servicesnew text end must be in
writingnew text begin on a form developed and approved by the commissionernew text end and must specify the name
and address under which the establishment subject to the agreement does business and
under which the establishment, or service provider, if different from the group residential
housing establishment, is licensed by the Department of Health or the Department of
Human Services; the specific license or registration from the Department of Health or the
Department of Human Services held by the provider and the number of beds subject to
that license; the address of the location or locations at which group residential housing is
provided under this agreement; the per diem and monthly rates that are to be paid from
group residential housingnew text begin or supplementary servicenew text end funds for each eligible resident at each
location; the number of beds at each location which are subject to the deleted text begingroup residential
housing
deleted text end agreement; whether the license holder is a not-for-profit corporation under section
501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.

new text begin (b) Providers are required to verify the following minimum requirements in the
agreement:
new text end

new text begin (1) current license or registration, including authorization if managing or monitoring
medications;
new text end

new text begin (2) all staff who have direct contact with recipients meet the staff qualifications;
new text end

new text begin (3) the provision of group residential housing;
new text end

new text begin (4) the provision of supplementary services, if applicable;
new text end

new text begin (5) reports of adverse events, including recipient death or serious injury; and
new text end

new text begin (6) submission of residency requirements that could result in recipient eviction.
new text end

deleted text begin Group residential housingdeleted text end

new text begin (c) new text endAgreements may be terminated with or without cause by deleted text begineitherdeleted text end the deleted text begincountydeleted text endnew text begin
commissioner, the agency,
new text end or the provider with two calendar months prior noticenew text begin. The
commissioner may immediately terminate an agreement under subdivision 2d
new text end.

Subd. 2c.

deleted text beginCrisis sheltersdeleted text endnew text begin Background study requirementsnew text end.

deleted text begin Secure crisis shelters
for battered women and their children designated by the Minnesota Department of
Corrections are not group residences under this chapter.
deleted text end

new text begin (a) Effective July 1, 2016, a provider of group residential housing or supplementary
services must initiate background studies in accordance with chapter 245C on the
following individuals:
new text end

new text begin (1) controlling individuals as defined in section 245A.02;
new text end

new text begin (2) managerial officials as defined in section 245A.02; and
new text end

new text begin (3) all employees and volunteers of the establishment who have direct contact
with recipients, or who have unsupervised access to recipients, their personal property,
or their private data.
new text end

new text begin (b) The provider of group residential housing or supplementary services must
maintain compliance with all requirements established for entities initiating background
studies under chapter 245C.
new text end

new text begin (c) Effective July 1, 2017, for an individual to begin or continue employment with
a provider of group residential housing or supplementary services, an individual who is
required to receive a background study according to chapter 245C must receive either a
notice stating that:
new text end

new text begin (1) the individual is not disqualified under section 245C.14; or
new text end

new text begin (2) the individual is disqualified, but the individual has been issued a set-aside of
the disqualification for that setting under section 245C.22.
new text end

new text begin Subd. 2d. new text end

new text begin Conditions of payment; commissioner's right to suspend or terminate
agreement.
new text end

new text begin (a) Group residential housing or supplementary services must be provided
to the satisfaction of the commissioner, as determined at the sole discretion of the
commissioner's authorized representative, and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations, including business registration
requirements of the Office of the Secretary of State. A provider shall not receive payment
for services or housing found by the commissioner to be unsatisfactory, or performed or
provided in violation of federal, state, or local law, ordinance, rule, or regulation.
new text end

new text begin (b) The commissioner has the right to suspend or terminate the agreement
immediately when the commissioner determines the health or welfare of the housing or
service recipients is endangered, or when the commissioner has reasonable cause to believe
that the provider has breached a material term of the agreement under subdivision 2b.
new text end

new text begin (c) Notwithstanding paragraph (b), if the commissioner learns of a curable material
breach of the agreement by the provider, the commissioner shall provide the provider
with a written notice of the breach and allow ten days to cure the breach. If the provider
does not cure the breach within the time allowed, the provider shall be in default of the
agreement and the commissioner may terminate the agreement immediately thereafter. If
the provider has breached a material term of the agreement and cure is not possible, the
commissioner may immediately terminate the agreement.
new text end

new text begin Subd. 2e. new text end

new text begin Providers holding health or human services licenses. new text end

new text begin (a) Except
for facilities with only a board and lodging license, when group residential housing or
supplementary service staff are also operating under a license issued by the Department of
Health or the Department of Human Services, the minimum staff qualification requirements
for the setting shall be the qualifications listed under the related licensing standards.
new text end

new text begin (b) A background study completed for the licensed service must also satisfy the
background study requirements under this section, if the provider has established the
background study contact person according to chapter 245C and as directed by the
Department of Human Services.
new text end

new text begin Subd. 2f. new text end

new text begin Required services. new text end

new text begin In licensed and registered settings under subdivision
2a, providers shall ensure that participants have at a minimum:
new text end

new text begin (1) food preparation and service for three nutritious meals a day on site;
new text end

new text begin (2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or
service;
new text end

new text begin (3) housekeeping, including cleaning and lavatory supplies or service; and
new text end

new text begin (4) maintenance and operation of the building and grounds, including heat, water,
garbage removal, electricity, telephone for the site, cooling, supplies, and parts and tools
to repair and maintain equipment and facilities.
new text end

new text begin Subd. 2g. new text end

new text begin Crisis shelters. new text end

new text begin Secure crisis shelters for battered women and their
children designated by the Minnesota Department of Corrections are not group residences
under this chapter.
new text end

Subd. 3.

Moratorium on development of group residential housing beds.

(a)
deleted text beginCountydeleted text end Agencies shall not enter into agreements for new group residential housing beds
with total rates in excess of the MSA equivalent rate except:

(1) for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, 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 190 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a
mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
person who is living on the street or in a shelter or 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. At 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, has 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. If a person meets the requirements of subdivision 1,
paragraph (a), and receives a federal or state housing subsidy, the group residential housing
rate for that person is limited to the supplementary rate under section 256I.05, subdivision
1a
, and is determined by subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential housing supplementary rate.
A resident in a demonstration project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing payment in an amount
determined under section 256I.06, subdivision 8, using the MSA equivalent rate. 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;

(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 group residential housing contract with the county and has been licensed as a
board and lodge facility with special services since 1980;

(5) for a group residential housing 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 group residential housing provider that currently
operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;

(7) for a group residential housing 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 group residential facility 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) deleted text beginA countydeleted text endnew text begin Annew text end agency may enter into a group residential housing agreement for
beds with rates in excess of the MSA equivalent rate in addition to those currently covered
under a group residential housing 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 group residential housing payment, or as a result of the downsizing of a group
residential housing setting. The transfer of available beds from one deleted text begincountydeleted text endnew text begin agencynew text end to
another can only occur by the agreement of both deleted text begincountiesdeleted text endnew text begin agenciesnew text end.

Subd. 4.

Rental assistance.

For participants in the Minnesota supportive housing
demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding
the provisions of section 256I.06, subdivision 8, the amount of the group residential
housing payment for room and board must be calculated by subtracting 30 percent of the
recipient's adjusted income as defined by the United States Department of Housing and
Urban Development for the Section 8 program from the fair market rent established for the
recipient's living unit by the federal Department of Housing and Urban Development. This
payment shall be regarded as a state housing subsidy for the purposes of subdivision 3.
Notwithstanding the provisions of section 256I.06, subdivision 6, the recipient's countable
income will only be adjusted when a change of greater than $100 in a month occurs or
upon annual redetermination of eligibility, whichever is sooner. deleted text beginThe commissioner is
directed to study the feasibility of developing a rental assistance program to serve persons
traditionally served in group residential housing settings and report to the legislature by
February 15, 1999.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1, paragraphs (a), (b), (c), and (f), are effective
September 1, 2015. Subdivision 1, paragraph (e), is effective February 1, 2017.
new text end

Sec. 19.

Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:


Subd. 1c.

Rate increases.

deleted text beginA countydeleted text endnew text begin Annew text end agency may not increase the rates
negotiated for group residential housing above those in effect on June 30, 1993, except as
provided in paragraphs (a) to deleted text begin(f)deleted text endnew text begin (g)new text end.

(a) deleted text beginA countydeleted text endnew text begin An agencynew text end may increase the rates for group residential housing settings
to the MSA equivalent rate for those settings whose current rate is below the MSA
equivalent rate.

(b) deleted text beginA countydeleted text endnew text begin Annew text end agency may increase the rates for residents in adult foster care
whose difficulty of care has increased. The total group residential housing rate for these
residents must not exceed the maximum rate specified in subdivisions 1 and 1a. deleted text beginCountydeleted text end
Agencies must not include nor increase group residential housing difficulty of care rates
for adults in foster care whose difficulty of care is eligible for funding by home and
community-based waiver programs under title XIX of the Social Security Act.

(c) The room and board rates will be increased each year when the MSA equivalent
rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase,
less the amount of the increase in the medical assistance personal needs allowance under
section 256B.35.

(d) When a group residential housing rate is used to pay for an individual's room
and board, or other costs necessary to provide room and board, the rate payable to
the residence must continue for up to 18 calendar days per incident that the person is
temporarily absent from the residence, not to exceed 60 days in a calendar year, if the
absence or absences have received the prior approval of the county agency's social service
staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.

(e) For facilities meeting substantial change criteria within the prior year. Substantial
change criteria exists if the group residential housing establishment experiences a 25
percent increase or decrease in the total number of its beds, if the net cost of capital
additions or improvements is in excess of 15 percent of the current market value of the
residence, or if the residence physically moves, or changes its licensure, and incurs a
resulting increase in operation and property costs.

(f) Until June 30, 1994, deleted text begina countydeleted text endnew text begin annew text end agency may increase by up to five percent the
total rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33
to 256D.54 who reside in residences that are licensed by the commissioner of health as
a boarding care home, but are not certified for the purposes of the medical assistance
program. However, an increase under this clause must not exceed an amount equivalent to
65 percent of the 1991 medical assistance reimbursement rate for nursing home resident
class A, in the geographic grouping in which the facility is located, as established under
Minnesota Rules, parts 9549.0050 to 9549.0058.

new text begin (g) An agency may negotiate a difficulty of care rate approved by the commissioner
for an individual receiving a group residential housing payment or housing assistance
payment if necessary to provide housing for the individual due to the individual's
extraordinary emotional, behavioral, or physical health needs and if necessary to secure
housing for an individual transitioning into a more integrated setting.
new text end

Sec. 20.

Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:


Subd. 1g.

Supplementary service rate for certain facilities.

deleted text beginOn or after July 1,deleted text end
deleted text begin2005, a countydeleted text end new text beginAn new text endagency may negotiate a supplementary service rate for recipients of
assistance under section 256I.04, subdivision 1, paragraph new text begin(a) or new text end(b), who deleted text beginrelocate from a
homeless shelter licensed and registered prior to December 31, 1996, by the Minnesota
Department of Health under section 157.17, to
deleted text end new text beginhave experienced long-term homelessness
and who live in
new text enda supportive housing establishment deleted text begindeveloped and funded in whole or in
part with funds provided specifically as part of the plan to end long-term homelessness
required under Laws 2003, chapter 128, article 15, section 9, not to exceed $456.75
deleted text endnew text begin under
section 256I.04, subdivision 2a, paragraph (b), clause (2)
new text end.

Sec. 21.

Minnesota Statutes 2014, section 256I.05, is amended by adding a subdivision
to read:


new text begin Subd. 1p. new text end

new text begin Supplemental rate; relocation into an individual's own home.
new text end

new text begin Beginning February 1, 2017, an agency may negotiate a supplemental service rate in
addition to the rate specified in subdivision 1, not to exceed the rate authorized by
subdivision 1a, paragraph (a), for a provider authorized to provide supplemental services
under this chapter to serve individuals who are receiving housing assistance.
new text end

Sec. 22.

Minnesota Statutes 2014, section 256I.06, is amended to read:


256I.06 PAYMENT METHODS.

Subdivision 1.

Monthly payments.

Monthly payments made on an individual's
behalf for group residential housing must be issued as a voucher or vendor paymentnew text begin.
Monthly payments made on an individual's behalf for housing assistance must be issued as
a voucher or vendor payment unless the individual is receiving Supplemental Security
Income or Social Security Disability Insurance issued by the United States Social Security
Administration
new text end.

Subd. 2.

Time of payment.

A county agency may make payments to a group
residence in advance for an individual whose stay in the group residence is expected
to last beyond the calendar month for which the payment is made deleted text beginand who does not
expect to receive countable earned income during the month for which the payment is
made
deleted text end. Group residential housing payments made by a county agency on behalf of an
individual who is not expected to remain in the group residence beyond the month for
which payment is made must be made subsequent to the individual's departure from the
group residence. deleted text beginGroup residential housing payments made by a county agency on behalf
of an individual with countable earned income must be made subsequent to receipt of a
monthly household report form.
deleted text end

Subd. 3.

Filing of application.

The county agency must immediately provide an
application form to any person requesting deleted text begingroup residential housingdeleted text endnew text begin payments under this
chapter
new text end. Application deleted text beginfor group residential housingdeleted text end must be in writing on a form prescribed
by the commissioner. The county agency must determine an applicant's eligibility for
deleted text begingroup residential housingdeleted text endnew text begin payments under this chapternew text end as soon as the required verifications
are received by the county agency and within 30 days after a signed application is received
by the county agency for the aged or blind or within 60 days for the disabled.

Subd. 4.

Verification.

The county agency must request, and applicants and
recipients must provide and verify, all information necessary to determine initial and
continuing eligibility and deleted text begingroup residential housingdeleted text end payment amountsnew text begin under this chapternew text end.
If necessary, the county agency shall assist the applicant or recipient in obtaining
verifications. If the applicant or recipient refuses or fails without good cause to provide
the information or verification, the county agency shall deny or terminate eligibility for
deleted text begingroup residential housingdeleted text end paymentsnew text begin under this chapternew text end.

Subd. 5.

Redetermination of eligibility.

The eligibility of each recipient must be
redetermined at least once every 12 months.

Subd. 6.

Reports.

Recipients must report changes in circumstances that affect
eligibility or deleted text begingroup residential housingdeleted text end payment amountsnew text begin, other than changes in earned
income,
new text end within ten days of the change. Recipients with countable earned income must
complete a deleted text beginmonthlydeleted text end household report formnew text begin at least once every six monthsnew text end. If the report
form is not received before the end of the month in which it is due, the county agency
must terminate eligibility for deleted text begingroup residential housingdeleted text end paymentsnew text begin under this chapternew text end.
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 deleted text begingroup
residential housing
deleted text end paymentnew text begin under this chapternew text end effective the first day of the month the
eligibility was terminated.

Subd. 7.

Determination of rates.

The new text beginagency in the new text endcounty in which a deleted text begingroupdeleted text end
residence is located deleted text beginwilldeleted text endnew text begin shallnew text end determine the amount of group residential housing ratenew text begin or
supplementary service rate
new text end to be paid on behalf of an individual in the deleted text begingroupdeleted text end residence
regardless of the individual's deleted text begincountydeleted text endnew text begin agencynew text end of financial responsibility.

Subd. 8.

Amount of deleted text begingroup residential housingdeleted text end payment.

new text begin(a) new text endThe amount of
a group residential housing 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 group residential housing charge for
that same month. The group residential housing charge is determined by multiplying the
group residential housing rate times the period of time the individual was a resident or
temporarily absent under section 256I.05, subdivision 1c, paragraph (d).

new text begin (b) The amount of housing assistance payment is determined by subtracting 40
percent of the individual's countable income for a whole calendar month from the
maximum United States Department of Housing and Urban Development fair market rent
for the individual's area of residence or the individual's actual housing costs, whichever
is lower. An individual living in a setting funded through a Minnesota Housing Finance
Agency multifamily award before July 1, 2015, shall use the MSA equivalent rate minus
the maximum allotment authorized by the federal Food Stamp Program according to
section 256I.03, subdivision 5, instead of the fair market rent.
new text end

new text begin (c) For an individual with earned income under paragraph (a) or (b), prospective
budgeting must be used to 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 8, paragraph (b), are effective February 1,
2017. Subdivisions 2, 6, and 8, paragraph (c), are effective April 1, 2016.
new text end

Sec. 23.

Minnesota Statutes 2014, section 256N.22, subdivision 9, is amended to read:


Subd. 9.

Death new text beginor incapacity new text endof relative custodian or deleted text begindissolutiondeleted text endnew text begin modification new text end
of custody.

The Northstar kinship assistance agreement ends upon death or deleted text begindissolutiondeleted text endnew text begin
incapacity of the relative custodian or modification
new text end of new text beginthe order for new text endpermanent legal and
physical custody deleted text beginof both relative custodians in the case of assignment of custody to two
individuals, or the sole relative custodian in the case of assignment of custody to one
individual
deleted text endnew text begin in which legal or physical custody is removed from the relative custodiannew text end.
new text beginIn the case of a relative custodian's death or incapacity, new text endNorthstar kinship assistance
eligibility may be continued according to subdivision 10.

Sec. 24.

Minnesota Statutes 2014, section 256N.22, subdivision 10, is amended to read:


Subd. 10.

Assigning a new text beginsuccessor relative custodian for a new text endchild's Northstar
kinship assistance deleted text beginto a court-appointed guardian or custodiandeleted text end.

(a) deleted text beginNorthstar kinship
assistance may be continued with the written consent of the commissioner to
deleted text endnew text begin In the event
of the death or incapacity of the relative custodian, eligibility for Northstar kinship
assistance and title IV-E assistance, if applicable, is not affected if the relative custodian
is replaced by a successor named in the Northstar kinship assistance benefit agreement.
Northstar kinship assistance shall be paid to a named successor who is not the child's legal
parent, biological parent or stepparent, or other adult living in the home of the legal parent,
biological parent, or stepparent.
new text end

new text begin (b) In order to receive Northstar kinship assistance, a named successor must:
new text end

new text begin (1) meet the background study requirements in subdivision 4;
new text end

new text begin (2) renegotiate the agreement consistent with section 256N.25, subdivision 2,
including cooperating with an assessment under section 256N.24;
new text end

new text begin (3) be ordered by the court to be the child's legal relative custodian in a modification
proceeding under section 260C.521, subdivision 2; and
new text end

new text begin (4) satisfy the requirements in this paragraph within one year of the relative
custodian's death or incapacity unless the commissioner certifies that the named successor
made reasonable attempts to satisfy the requirements within one year and failure to satisfy
the requirements was not the responsibility of the named successor.
new text end

new text begin (c) Payment of Northstar kinship assistance to the successor guardian may be
temporarily approved through the policies, procedures, requirements, and deadlines under
section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the
requirements in paragraph (b) are satisfied.
new text end

new text begin (d) Continued payment of Northstar kinship assistance may occur in the event of the
death or incapacity of the relative custodian when no successor has been named in the
benefit agreement when the commissioner gives written consent to
new text end an individual who is a
guardian or custodian appointed by a court for the child upon the death of both relative
custodians in the case of assignment of custody to two individuals, or the sole relative
custodian in the case of assignment of custody to one individual, unless the child is under
the custody of a county, tribal, or child-placing agency.

deleted text begin (b)deleted text endnew text begin (e)new text end Temporary assignment of Northstar kinship assistance may be approved
for a maximum of six consecutive months from the death new text beginor incapacity new text endof the relative
custodian or custodians as provided in paragraph (a) and must adhere to the policies deleted text beginanddeleted text endnew text begin,new text end
proceduresnew text begin, requirements, and deadlines under section 256N.28, subdivision 2, that arenew text end
prescribed by the commissioner. If a court has not appointed a permanent legal guardian
or custodian within six months, the Northstar kinship assistance must terminate and must
not be resumed.

deleted text begin (c)deleted text endnew text begin (f)new text end Upon assignment of assistance payments under deleted text beginthis subdivisiondeleted text endnew text begin paragraphs
(d) and (e)
new text end, assistance must be provided from funds other than title IV-E.

Sec. 25.

Minnesota Statutes 2014, section 256N.24, subdivision 4, is amended to read:


Subd. 4.

Extraordinary levels.

(a) The assessment tool established under
subdivision 2 must provide a mechanism through which up to five levels can be added
to the supplemental difficulty of care for a particular child under section 256N.26,
subdivision 4. In establishing the assessment tool, the commissioner must design the tool
so that the levels applicable to the portions of the assessment other than the extraordinary
levels can accommodate the requirements of this subdivision.

(b) These extraordinary levels are available when all of the following circumstances
apply:

(1) the child has extraordinary needs as determined by the assessment tool provided
for under subdivision 2, and the child meets other requirements established by the
commissioner, such as a minimum score on the assessment tool;

(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for in the
home and community, and prevents residential placement;

(3) the child is physically living in a foster family setting, as defined in Minnesota
Rules, part 2960.3010, subpart 23, new text beginin a foster residence setting, new text endor physically living in the
home with the adoptive parent or relative custodian; and

(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children with
disabilities or other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that cannot be met
through home and community support waivers or other programs that are designed to
provide support for children with special needs.

(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:

(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;

(2) a summary of the extraordinary care and intense supervision that is provided by
the caregiver as part of the parental duties as described in the supplemental difficulty of
care rate, section 256N.02, subdivision 21;

(3) confirmation that the child is currently physically residing in the foster family
setting or in the home with the adoptive parent or relative custodian;

(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of
the services provided for the child's needs or disabilities, and the services that were denied
or not available from the local social service agency, community agency, the local school
district, local public health department, the parent, or child's medical insurance provider;

(5) the specific support gap identified that places the child's safety and well-being at
risk in the home or community and is necessary to prevent residential placement; and

(6) the extraordinary care and intense supervision provided by the foster, adoptive,
or guardianship caregivers to maintain the child safely in the child's home and prevent
residential placement that cannot be supported by medical assistance or other programs
that provide services, necessary care for children with disabilities, or other medical or
behavioral conditions in the home or community.

(d) An agency completing an assessment under subdivision 2 that suggests
an extraordinary level is appropriate must forward the assessment and required
documentation to the commissioner. If the commissioner approves, the extraordinary
levels must be retroactive to the date the assessment was forwarded.

Sec. 26.

Minnesota Statutes 2014, section 256N.25, subdivision 1, is amended to read:


Subdivision 1.

Agreement; Northstar kinship assistance; adoption assistance.

(a)
In order to receive Northstar kinship assistance or adoption assistance benefits on behalf
of an eligible child, a written, binding agreement between the caregiver or caregivers,
the financially responsible agency, or, if there is no financially responsible agency, the
agency designated by the commissioner, and the commissioner must be established prior
to finalization of the adoption or a transfer of permanent legal and physical custody. The
agreement must be negotiated with the caregiver or caregivers under subdivision 2new text begin and
renegotiated under subdivision 3, if applicable
new text end.

(b) The agreement must be on a form approved by the commissioner and must
specify the following:

(1) duration of the agreement;

(2) the nature and amount of any payment, services, and assistance to be provided
under such agreement;

(3) the child's eligibility for Medicaid services;

(4) the terms of the payment, including any child care portion as specified in section
256N.24, subdivision 3;

(5) eligibility for reimbursement of nonrecurring expenses associated with adopting
or obtaining permanent legal and physical custody of the child, to the extent that the
total cost does not exceed $2,000 per child;

(6) that the agreement must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents at any given time;

(7) provisions for modification of the terms of the agreement, including renegotiation
of the agreement; deleted text beginand
deleted text end

(8) the effective date of the agreementnew text begin; and
new text end

new text begin (9) the successor relative custodian or custodians for Northstar kinship assistance,
when applicable. The successor relative custodian or custodians may be added or changed
by mutual agreement under subdivision 3
new text end.

(c) The caregivers, the commissioner, and the financially responsible agency, or, if
there is no financially responsible agency, the agency designated by the commissioner, must
sign the agreement. A copy of the signed agreement must be given to each party. Once
signed by all parties, the commissioner shall maintain the official record of the agreement.

(d) The effective date of the Northstar kinship assistance agreement must be the date
of the court order that transfers permanent legal and physical custody to the relative. The
effective date of the adoption assistance agreement is the date of the finalized adoption
decree.

(e) Termination or disruption of the preadoptive placement or the foster care
placement prior to assignment of custody makes the agreement with that caregiver void.

Sec. 27.

Minnesota Statutes 2014, section 256N.27, subdivision 2, is amended to read:


Subd. 2.

State share.

The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care foster care program under section 260C.4411, subdivision 1, the relative custody
assistance program under section 257.85, and the pre-Northstar Care for Children adoption
assistance program under chapter 259A. deleted text beginThe commissioner may transfer funds into the
account if a deficit occurs.
deleted text end

Sec. 28.

Minnesota Statutes 2014, section 259A.75, is amended to read:


259A.75 REIMBURSEMENT OF CERTAIN AGENCY COSTS; PURCHASE
OF SERVICE CONTRACTSnew text begin AND TRIBAL CUSTOMARY ADOPTIONSnew text end.

Subdivision 1.

General information.

(a) Subject to the procedures required by
the commissioner and the provisions of this section, a Minnesota county deleted text beginor tribal social
services agency
deleted text end shall receive a reimbursement from the commissioner equal to 100 percent
of the reasonable and appropriate cost for contracted adoption placement services identified
for a specific child that are not reimbursed under other federal or state funding sources.

(b) The commissioner may spend up to $16,000 for each purchase of service
contract. Only one contract per child per adoptive placement is permitted. Funds
encumbered and obligated under the contract for the child remain available until the terms
of the contract are fulfilled or the contract is terminated.

(c) The commissioner shall set aside an amount not to exceed five percent of the
total amount of the fiscal year appropriation from the state for the adoption assistance
program to reimbursenew text begin a Minnesota county or tribal social servicesnew text end placing deleted text beginagenciesdeleted text endnew text begin agencynew text end
for child-specific adoption placement services. When adoption assistance payments for
children's needs exceed 95 percent of the total amount of the fiscal year appropriation from
the state for the adoption assistance program, the amount of reimbursement available to
placing agencies for adoption services is reduced correspondingly.

Subd. 2.

new text beginPurchase of service contract new text endchild eligibility criteria.

(a) A child who is
the subject of a purchase of service contract must:

(1) have the goal of adoption, which may include an adoption in accordance with
tribal law;

(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and

(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.

(b) A child under the guardianship of the commissioner must have an identified
adoptive parent and a fully executed adoption placement agreement according to section
260C.613, subdivision 1, paragraph (a).

Subd. 3.

Agency eligibility criteria.

(a) A Minnesota county deleted text beginor tribaldeleted text end social
services agency shall receive reimbursement for child-specific adoption placement
services for an eligible child that it purchases from a private adoption agency licensed in
Minnesota or any other state or tribal social services agency.

(b) Reimbursement for adoption services is available only for services provided
prior to the date of the adoption decree.

Subd. 4.

Application and eligibility determination.

(a) A county deleted text beginor tribaldeleted text end social
services agency may request reimbursement of costs for adoption placement services by
submitting a complete purchase of service application, according to the requirements and
procedures and on forms prescribed by the commissioner.

(b) The commissioner shall determine eligibility for reimbursement of adoption
placement services. If determined eligible, the commissioner of human services shall
sign the purchase of service agreement, making this a fully executed contract. No
reimbursement under this section shall be made to an agency for services provided prior to
the fully executed contract.

(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is
permitted. For siblings who are placed together, services shall be planned and provided to
best maximize efficiency of the contracted hours.

Subd. 5.

Reimbursement process.

(a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on a form
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed.

(b) The commissioner shall make the final determination whether or not the
requested reimbursement costs are reasonable and appropriate and if the services have
been completed according to the terms of the purchase of service agreement.

Subd. 6.

Retention of purchase of service records.

Agencies entering into
purchase of service contracts shall keep a copy of the agreements, service records, and all
applicable billing and invoicing according to the department's record retention schedule.
Agency records shall be provided upon request by the commissioner.

new text begin Subd. 7. new text end

new text begin Tribal customary adoptions. new text end

new text begin (a) The commissioner shall enter into
grant contracts with Minnesota tribal social services agencies to provide child-specific
recruitment and adoption placement services for Indian children under the jurisdiction
of tribal court.
new text end

new text begin (b) Children served under these grant contracts must meet the child eligibility
criteria in subdivision 2.
new text end

Sec. 29.

Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:


Subd. 27.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoptiondeleted text begin,deleted text endnew text begin; the legal parent, guardian, or custodian of the child's siblings;new text end or an
individual who is an important friend with whom the child has resided or had significant
contact. For an Indian child, relative includes members of the extended family as defined
by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1903.

Sec. 30.

Minnesota Statutes 2014, section 260C.007, subdivision 32, is amended to read:


Subd. 32.

Sibling.

"Sibling" means one of two or more individuals who have one or
both parents in common through blood, marriage, or adoptiondeleted text begin, includingdeleted text endnew text begin. This includesnew text end
siblings as defined by the child's tribal code or custom.new text begin Sibling also includes an individual
who would have been considered a sibling but for a termination of parental rights of one
or both parents, suspension of parental rights under tribal code, or other disruption of
parental rights such as the death of a parent.
new text end

Sec. 31.

Minnesota Statutes 2014, 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 at 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 placement;

(3) the extent of compliance with the out-of-home placement plan;

(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 deleted text begin16deleted text endnew text begin 14new text end or older, in addition to any administrative review
conducted by the 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 deleted text begin(11)deleted text endnew text begin (12)new text end, 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.

(e) At the court review required under paragraph (d) for a child age deleted text begin16deleted text endnew text begin 14new text end or older,
the following procedures apply:

(1) six months before the child is expected to be discharged from foster care, the
responsible social services agency shall give the written notice required under section
260C.451, subdivision 1, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of social services
under section 256.045. The agency shall file a copy of the notice, including the right to
appeal a denial of social services, with the court. If the agency does not file the notice by
the time the child is age 17-1/2, the court shall require the agency to give it;

(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; and

(3) the court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, new text begintribal enrollment identification card, new text endgreen card, or
school visa; the child's school, medical, and dental records; a contact list of the child's
medical, dental, and mental health providers; and contact information for the child's
siblings, if the siblings are in foster care.

(f) For a child who will be discharged from foster care at age 18 or older, the
responsible social services agency is required to develop a personalized transition plan as
directed by the youth. The transition plan must be developed during the 90-day period
immediately prior to the expected date of discharge. The transition plan must be as
detailed as the child may elect and include specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and work force
supports and employment services. The agency shall ensure that the youth receives, at
no cost to the youth, a copy of the youth's consumer credit report as defined in section
13C.001 and assistance in interpreting and resolving any inaccuracies in the report. The
plan must include information on the importance of designating another individual to
make health care treatment decisions on behalf of the child if the child becomes unable
to participate in these decisions and the child does not have, or does not want, a relative
who would otherwise be authorized to make these decisions. The plan must provide the
child with the option to execute a health care directive as provided under chapter 145C.
The agency shall also provide the youth with appropriate contact information if the youth
needs more information or needs help dealing with a crisis situation through age 21.

Sec. 32.

Minnesota Statutes 2014, 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 which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the foster care facility,
and, where appropriate, the child. new text beginWhen 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.
new text endFor
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. 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 to all persons involved in its
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-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
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 which necessitated removal of the child from home and the changes the
parent or parents must make in order 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 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 new text beginadoption as new text endthe permanency plan for the childdeleted text begin, including: (i)deleted text endnew text begin throughnew text end
reasonable efforts to place the child for adoption. At a minimum, the documentation must
include consideration of whether adoption is in the best interests of the child, child-specific
recruitment efforts such as relative search 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); deleted text beginand
deleted text end

deleted text begin (ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interests;
deleted text end new text begin (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;
new text end

deleted text begin (7)deleted text endnew text begin (8)new text end efforts to ensure the child's educational stability while in foster care, including:

(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; 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;

deleted text begin (8)deleted text endnew text begin (9)new text end 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;

deleted text begin (9)deleted text endnew text begin (10)new text end the efforts by the local 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, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will 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
will 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;

deleted text begin (10)deleted text endnew text begin (11)new text end 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;

deleted text begin (11)deleted text endnew text begin (12)new text end an independent living plan for a child age deleted text begin16deleted text endnew text begin 14new text end or older. 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 agency to ensure that
the youth annually receives, at no cost to the youth, 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; deleted text beginand
deleted text end

(vii) establishing and maintaining connections with the child's family and
community; and

new text begin (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; and
new text end

deleted text begin (12)deleted text endnew text begin (13)new text end 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.

(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.

After 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.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 33.

Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision to read:


new text begin Subd. 13. new text end

new text begin Protecting missing and runaway children and youth at risk of sex
trafficking.
new text end

new text begin (a) The local social services agency shall expeditiously locate any child
missing from foster care.
new text end

new text begin (b) The local social services agency shall report immediately, but no later than
24 hours, after receiving information on a missing or abducted child to the local law
enforcement agency for entry into the National Crime Information Center (NCIC)
database of the Federal Bureau of Investigation, and to the National Center for Missing
and Exploited Children.
new text end

new text begin (c) The local social services agency shall not discharge a child from foster care or
close the social services case until diligent efforts have been exhausted to locate the child
and the court terminates the agency's jurisdiction.
new text end

new text begin (d) The local social services agency shall determine the primary factors that
contributed to the child's running away or otherwise being absent from care and, to
the extent possible and appropriate, respond to those factors in current and subsequent
placements.
new text end

new text begin (e) The local social services agency shall determine what the child experienced
while absent from care, including screening the child to determine if the child is a possible
sex trafficking victim as defined in section 609.321, subdivision 7b.
new text end

new text begin (f) The local social services agency shall report immediately, but no later than 24
hours, to the local law enforcement agency any reasonable cause to believe a child is, or is
at risk of being, a sex trafficking victim.
new text end

new text begin (g) The local social services agency shall determine appropriate services as described
in section 145.4717 with respect to any child for whom the local social services agency has
responsibility for placement, care, or supervision when the local social services agency
has reasonable cause to believe the child is, or is at risk of being, a sex trafficking victim.
new text end

Sec. 34.

Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin Support age-appropriate and developmentally appropriate activities
for foster children.
new text end

new text begin Responsible social services agencies and child-placing agencies shall
support a foster child's emotional and developmental growth by permitting the child
to participate in activities or events that are generally accepted as suitable for children
of the same chronological age or are developmentally appropriate for the child. Foster
parents and residential facility staff are permitted to allow foster children to participate in
extracurricular, social, or cultural activities that are typical for the child's age by applying
reasonable and prudent parenting standards. Reasonable and prudent parenting standards
are characterized by careful and sensible parenting decisions that maintain the child's
health and safety, and are made in the child's best interest.
new text end

Sec. 35.

Minnesota Statutes 2014, section 260C.221, is amended to read:


260C.221 RELATIVE SEARCH.

(a) The responsible social services agency shall exercise due diligence to identify
and notify adult relatives prior to placement or within 30 days after the child's removal
from the parent. The 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. The relative search required by this section shall be comprehensive in scope. After 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.

new text begin (b)new text end The relative search required by this section shall include both maternal deleted text beginrelativesdeleted text end
and paternal new text beginadult new text endrelatives of the childnew text begin; all adult grandparents; all legal parents, guardians
or custodians; the child's siblings; and any other adult relatives suggested by the child's
parents, subject to the exceptions due to family violence in paragraph (c)
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. The relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and 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.204. A decision by a relative not to be identified as a potential permanent
placement resource or participate in planning for the child at the beginning of the case
shall not affect whether the relative is considered for placement of the child with that
relative later;

(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the notice
sent under this subdivision. "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;

(4) of the family foster care licensing requirements, 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; and

(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 or opportunity to be heard by the
court as required under section 260C.152, subdivision 5.

deleted text begin (b)deleted text endnew text begin (c)new text end A responsible social services agency may disclose private data, as defined
in sections 13.02 and 626.556, 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. If 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 information.
If a parent makes an explicit request that a specific relative not be contacted or considered
for placement due to safety reasons 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 and the agency shall not
contact the specific relative when the juvenile court finds that contacting the specific
relative would endanger the parent, guardian, child, sibling, or any family member.

deleted text begin (c)deleted text endnew text begin (d)new text end At a regularly scheduled hearing not later than three months after the child's
placement in foster care and as required in section 260C.202, the agency shall report to
the court:

(1) its 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 paragraph (a); and

(2) its decision regarding placing the child with a relative as required under section
260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in
order to support family connections for the child, when placement with a relative is not
possible or appropriate.

deleted text begin (d)deleted text endnew text begin (e)new text end Notwithstanding chapter 13, 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 begin (e)deleted text endnew text begin (f)new text end When the court is satisfied that the agency has exercised due diligence to
identify relatives and provide the notice required in paragraph (a), the court may find that
reasonable efforts have been made to conduct a relative search to identify and provide
notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
court is not satisfied that the agency has exercised due diligence to identify relatives and
provide the notice required in paragraph (a), the court may order the agency to continue its
search and notice efforts and to report back to the court.

deleted text begin (f)deleted text endnew text begin (g)new text end 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 deleted text begin(g)deleted text endnew text begin (h)new text end, may ask the court to
modify the duty of the agency to send the notice required in paragraph deleted text begin(g)deleted text endnew text begin (h)new text end, or may
ask the court to completely relieve the agency of the requirements of paragraph deleted text begin(g)deleted text endnew text begin (h)new text end.
The relative notification requirements of paragraph deleted text begin(g)deleted text endnew text begin (h)new text end 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 begin (g)deleted text endnew text begin (h)new text end Unless required under the Indian Child Welfare Act or relieved of this duty
by the court under paragraph deleted text begin(e)deleted text endnew text begin (f)new 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 the relatives, 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.

Sec. 36.

Minnesota Statutes 2014, 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.

(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 deleted text begin(11)deleted text endnew text begin (12)new text end, 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.

(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.

(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.

(e) 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.

(f) Notwithstanding paragraph (b), (c), or (d), 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. 37.

Minnesota Statutes 2014, section 260C.451, subdivision 2, is amended to read:


Subd. 2.

Independent living plan.

Upon the request of any child in foster care
immediately prior to the child's 18th birthday and who is in foster care at the time
of the request, the responsible social services agency shall, in conjunction with the
child and other appropriate parties, update the independent living plan required under
section 260C.212, subdivision 1, paragraph (c), clause deleted text begin(11)deleted text endnew text begin (12)new text end, related to the child's
employment, vocational, educational, social, or maturational needs. The agency shall
provide continued services and foster care for the child including those services that are
necessary to implement the independent living plan.

Sec. 38.

Minnesota Statutes 2014, section 260C.451, subdivision 6, is amended to read:


Subd. 6.

Reentering foster care and accessing services after age 18.

(a)
Upon request of an individual between the ages of 18 and 21 who had been under the
guardianship of the commissioner and who has left foster care without being adopted, the
responsible social services agency which had been the commissioner's agent for purposes
of the guardianship shall develop with the individual a plan to increase the individual's
ability to live safely and independently using the plan requirements of section 260C.212,
subdivision 1
, paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, clause deleted text begin(11)deleted text endnew text begin (12)new text end, and to assist the individual to meet
one or more of the eligibility criteria in subdivision 4 if the individual wants to reenter
foster care. The agency shall provide foster care as required to implement the plan. The
agency shall enter into a voluntary placement agreement under section 260C.229 with the
individual if the plan includes foster care.

(b) Individuals who had not been under the guardianship of the commissioner of
human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
foster care after age 18 and, to the extent funds are available, the responsible social
services agency that had responsibility for planning for the individual before discharge
from foster care may provide foster care or other services to the individual for the purpose
of increasing the individual's ability to live safely and independently and to meet the
eligibility criteria in subdivision 3a, if the individual:

(1) was in foster care for the six consecutive months prior to the person's 18th
birthday and was not discharged home, adopted, or received into a relative's home under a
transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or

(2) was discharged from foster care while on runaway status after age 15.

(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a specific
plan related to that individual's vocational, educational, social, or maturational needs
and, to the extent funds are available, provide foster care as required to implement the
plan. The agency shall enter into a voluntary placement agreement with the individual
if the plan includes foster care.

(d) Youth who left foster care while under guardianship of the commissioner of
human services retain eligibility for foster care for placement at any time between the
ages of 18 and 21.

Sec. 39.

Minnesota Statutes 2014, section 260C.515, subdivision 5, is amended to read:


Subd. 5.

Permanent custody to agency.

The court may order permanent custody to
the responsible social services agency for continued placement of the child in foster care
but only if it approves the responsible social services agency's compelling reasons that no
other permanency disposition order is in the child's best interests and:

(1) the child has reached age deleted text begin12deleted text endnew text begin 16, and has been asked about the child's desired
permanency outcome
new text end;

(2) the child is a sibling of a child described in clause (1) and the siblings have a
significant positive relationship and are ordered into the same foster home;

(3) the responsible social services agency has made reasonable efforts to locate and
place the child with an adoptive family or a fit and willing relative who would either agree
to adopt the child or to a transfer of permanent legal and physical custody of the child, but
these efforts have not proven successful; and

(4) the parent will continue to have visitation or contact with the child and will
remain involved in planning for the child.

Sec. 40.

Minnesota Statutes 2014, section 260C.521, subdivision 1, is amended to read:


Subdivision 1.

Child in permanent custody of responsible social services agency.

(a) Court reviews of an order for permanent custody to the responsible social services
agency for placement of the child in foster care must be conducted at least yearly at an
in-court appearance hearing.

(b) The purpose of the review hearing is to ensure:

(1) the order for permanent custody to the responsible social services agency for
placement of the child in foster care continues to be in the best interests of the child and
that no other permanency disposition order is in the best interests of the child;

(2) that the agency is assisting the child to build connections to the child's family
and community; and

(3) that the agency is appropriately planning with the child for development of
independent living skills for the child and, as appropriate, for the orderly and successful
transition to independent living that may occur if the child continues in foster care without
another permanency disposition order.

(c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the agency to finalize an alternative permanent plan for the child including the
agency's efforts to:

(1) ensure that permanent custody to the agency with placement of the child in
foster care continues to be the most appropriate legal arrangement for meeting the child's
need for permanency and stability or, if not, to identify and attempt to finalize another
permanency disposition order under this chapter that would better serve the child's needs
and best interests;

(2) identify a specific foster home for the child, if one has not already been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of foster care and also ensure
appropriate services or assistance to maintain relationships with appropriate family
members and the child's community; and

(5) plan for the child's independence upon the child's leaving foster care living as
required under section 260C.212, subdivision 1.

(d) The court may find that the agency has made reasonable efforts to finalize the
permanent plan for the child when:

(1) the agency has made reasonable efforts to identify a more legally permanent
home for the child than is provided by an order for permanent custody to the agency
for placement in foster care; deleted text beginand
deleted text end

new text begin (2) the child has been asked about the child's desired permanency outcome; and
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end the agency's engagement of the child in planning for independent living is
reasonable and appropriate.

Sec. 41.

Minnesota Statutes 2014, section 260C.521, subdivision 2, is amended to read:


Subd. 2.

Modifying order for permanent legal and physical custody to a
relative.

new text begin(a) new text endAn order for a relative to have permanent legal and physical custody of a
child may be modified using standards under sections 518.18 and 518.185.

new text begin (b) When a child is receiving Northstar kinship assistance under chapter 256N, if
a relative named as permanent legal and physical custodian in an order made under this
chapter becomes incapacitated or dies, a successor custodian named in the Northstar
Care for Children kinship assistance benefit agreement under section 256N.25 may file
a request to modify the order for permanent legal and physical custody to name the
successor custodian as the permanent legal and physical custodian of the child. The court
may modify the order to name the successor custodian as the permanent legal and physical
custodian upon reviewing the background study required under section 245C.33 if the
court finds the modification is in the child's best interests.
new text end

new text begin (c)new text end The social services agency is a party to the proceeding and must receive notice.

Sec. 42.

Minnesota Statutes 2014, section 260C.607, subdivision 4, is amended to read:


Subd. 4.

Content of review.

(a) The court shall review:

(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption
for the child as appropriate to the stage of the case; and

(2) the child's current out-of-home placement plan required under section 260C.212,
subdivision 1, to ensure the child is receiving all services and supports required to meet
the child's needs as they relate to the child's:

(i) placement;

(ii) visitation and contact with siblings;

(iii) visitation and contact with relatives;

(iv) medical, mental, and dental health; and

(v) education.

(b) When the child is age deleted text begin16deleted text endnew text begin 14new text end and older, and as long as the child continues in foster
care, the court shall also review the agency's planning for the child's independent living
after leaving foster care including how the agency is meeting the requirements of section
260C.212, subdivision 1, paragraph (c), clause deleted text begin(11)deleted text endnew text begin (12)new text end. The court shall use the review
requirements of section 260C.203 in any review conducted under this paragraph.

Sec. 43.

Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:


Subd. 2.

Methods.

Determination of potential income must be made according
to one of three methods, as appropriate:

(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;

(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or

(3) the amount of income a parent could earn working deleted text beginfull timedeleted text endnew text begin 30 hours per weeknew text end at
deleted text begin150deleted text endnew text begin 100new text end percent of the current federal or state minimum wage, whichever is higher.

Sec. 44.

Minnesota Statutes 2014, section 518A.39, subdivision 1, is amended to read:


Subdivision 1.

Authority.

After an order under this chapter or chapter 518 for
maintenance or support money, temporary or permanent, or for the appointment of trustees
to receive property awarded as maintenance or support money, the court may from time to
time, on motion of either of the parties, a copy of which is served on the public authority
responsible for child support enforcement if payments are made through it, or on motion
of the public authority responsible for support enforcement, modify the order respecting
the amount of maintenance or support moneynew text begin or medical supportnew text end, and the payment of it,
and also respecting the appropriation and payment of the principal and income of property
held in trust, and may make an order respecting these matters which it might have made
in the original proceeding, except as herein otherwise provided. A party or the public
authority also may bring a motion for contempt of court if the obligor is in arrears in
support or maintenance payments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 45.

Minnesota Statutes 2014, section 518A.39, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Medical support-only modification. new text end

new text begin (a) The medical support terms of
a support order and determination of the child dependency tax credit may be modified
without modification of the full order for support or maintenance, if the order has been
established or modified in its entirety within three years from the date of the motion, and
upon a showing of one or more of the following:
new text end

new text begin (1) a change in the availability of appropriate health care coverage or a substantial
increase or decrease in health care coverage costs;
new text end

new text begin (2) a change in the eligibility for medical assistance under chapter 256B;
new text end

new text begin (3) a party's failure to carry court-ordered coverage, or to provide other medical
support as ordered;
new text end

new text begin (4) the federal child dependency tax credit is not ordered for the same parent who is
ordered to carry health care coverage; or
new text end

new text begin (5) the federal child dependency tax credit is not addressed in the order and the
noncustodial parent is ordered to carry health care coverage.
new text end

new text begin (b) For a motion brought under this subdivision, a modification of the medical
support terms of an order may be made retroactive only with respect to any period during
which the petitioning party has pending a motion for modification, but only from the date
of service of notice of the motion on the responding party and on the public authority if
public assistance is being furnished or the county attorney is the attorney of record.
new text end

new text begin (c) The court need not hold an evidentiary hearing on a motion brought under this
subdivision for modification of medical support only.
new text end

new text begin (d) Sections 518.14 and 518A.735 shall govern the award of attorney fees for
motions brought under this subdivision.
new text end

new text begin (e) The PICS originally stated in the order being modified shall be used to determine
the modified medical support order under section 518A.41 for motions brought under
this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 46.

Minnesota Statutes 2014, section 518A.41, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

The definitions in this subdivision apply to this chapter
and chapter 518.

(a) "Health care coverage" means medical, dental, or other health care benefits that
are provided by one or more health plans. Health care coverage does not include any
form of public coverage.

(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision
2
, and 62L.02, subdivision 16.

(c) "Health plan" means a plan, other than any form of public coverage, that provides
medical, dental, or other health care benefits and is:

(1) provided on an individual or group basis;

(2) provided by an employer or union;

(3) purchased in the private market; or

(4) available to a person eligible to carry insurance for the joint child, including a
party's spouse or parent.

Health plan includes, but is not limited to, a plan meeting the definition under section
62A.011, subdivision 3, except that the exclusion of coverage designed solely to provide
dental or vision care under section 62A.011, subdivision 3, clause (6), does not apply to
the definition of health plan under this section; a group health plan governed under the
federal Employee Retirement Income Security Act of 1974 (ERISA); a self-insured plan
under sections 43A.23 to 43A.317 and 471.617; and a policy, contract, or certificate issued
by a community-integrated service network licensed under chapter 62N.

(d) "Medical support" means providing health care coverage for a joint child by
carrying health care coverage for the joint child or by contributing to the cost of health
care coverage, public coverage, unreimbursed medical expenses, and uninsured medical
expenses of the joint child.

(e) "National medical support notice" means an administrative notice issued by the
public authority to enforce health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in cases where the public
authority provides support enforcement services.

(f) "Public coverage" means health care benefits provided by any form of medical
assistance under chapter 256B deleted text beginor MinnesotaCare under chapter 256Ldeleted text end.new text begin Public coverage
does not include MinnesotaCare or health plans subsidized by federal premium tax credits
or federal cost-sharing reductions.
new text end

(g) "Uninsured medical expenses" means a joint child's reasonable and necessary
health-related expenses if the joint child is not covered by a health plan or public coverage
when the expenses are incurred.

(h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary
health-related expenses if a joint child is covered by a health plan or public coverage and
the plan or coverage does not pay for the total cost of the expenses when the expenses
are incurred. Unreimbursed medical expenses do not include the cost of premiums.
Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments,
and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
over-the-counter medications if coverage is under a health plan.

Sec. 47.

Minnesota Statutes 2014, section 518A.41, subdivision 3, is amended to read:


Subd. 3.

Determining appropriate health care coverage.

In determining whether
a parent has appropriate health care coverage for the joint child, the court must consider
the following factors:

(1) comprehensiveness of health care coverage providing medical benefits.
Dependent health care coverage providing medical benefits is presumed comprehensive if
it includes medical and hospital coverage and provides for preventive, emergency, acute,
and chronic carenew text begin; or if it meets the minimum essential coverage definition in United
States Code, title 26, section 500A(f)
new text end. If both parents have health care coverage providing
medical benefits that is presumed comprehensive under this paragraph, the court must
determine which parent's coverage is more comprehensive by considering what other
benefits are included in the coverage;

(2) accessibility. Dependent health care coverage is accessible if the covered joint
child can obtain services from a health plan provider with reasonable effort by the parent
with whom the joint child resides. Health care coverage is presumed accessible if:

(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's residence;

(ii) the health care coverage is available through an employer and the employee can
be expected to remain employed for a reasonable amount of time; and

(iii) no preexisting conditions exist to unduly delay enrollment in health care
coverage;

(3) the joint child's special medical needs, if any; and

(4) affordability. Dependent health care coverage is affordable if it is reasonable
in cost. If both parents have health care coverage available for a joint child that is
comparable with regard to comprehensiveness of medical benefits, accessibility, and the
joint child's special needs, the least costly health care coverage is presumed to be the most
appropriate health care coverage for the joint child.

Sec. 48.

Minnesota Statutes 2014, section 518A.41, subdivision 4, is amended to read:


Subd. 4.

Ordering health care coverage.

(a) If a joint child is presently enrolled
in health care coverage, the court must order that the parent who currently has the joint
child enrolled continue that enrollment unless the parties agree otherwise or a party
requests a change in coverage and the court determines that other health care coverage is
more appropriate.

(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits
for the joint child.

(c) If only one parent has appropriate health care coverage providing medical
benefits available, the court must order that parent to carry the coverage for the joint child.

(d) If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
coverage for the joint child, unless:

(1) a party expresses a preference for health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;

(2) the parent with whom the joint child does not reside is already carrying
dependent health care coverage providing medical benefits for other children and the cost
of contributing to the premiums of the other parent's coverage would cause the parent with
whom the joint child does not reside extreme hardship; or

(3) the parties agree as to which parent will carry health care coverage providing
medical benefits and agree on the allocation of costs.

(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
determine which parent has the most appropriate coverage providing medical benefits
available and order that parent to carry coverage for the joint child.

(f) If neither parent has appropriate health care coverage available, the court must
order the parents to:

(1) contribute toward the actual health care costs of the joint children based on
a pro rata share; or

(2) if the joint child is receiving any form of public coverage, the parent with whom
the joint child does not reside shall contribute a monthly amount toward the actual cost of
public coverage. The amount of the noncustodial parent's contribution is determined by
applying the noncustodial parent's PICS to the premium deleted text beginschedule for public coveragedeleted text endnew text begin scale
for MinnesotaCare under section 256L.15, subdivision 2, paragraph (c)
new text end. If the noncustodial
parent's PICS meets the eligibility requirements for deleted text beginpublic coveragedeleted text endnew text begin MinnesotaCarenew text end, the
contribution is the amount the noncustodial parent would pay for the child's premium. If
the noncustodial parent's PICS exceeds the eligibility requirements deleted text beginfor public coveragedeleted text end, the
contribution is the amount of the premium for the highest eligible income on the deleted text beginappropriatedeleted text end
premium deleted text beginschedule for public coveragedeleted text endnew text begin scale for MinnesotaCare under section 256L.15,
subdivision 2, paragraph (c)
new text end. For purposes of determining the premium amount, the
noncustodial parent's household size is equal to one parent plus the child or children who
are the subject of the child support order. The custodial parent's obligation is determined
under the requirements for public coverage as set forth in chapter 256B deleted text beginor 256L.deleted text endnew text begin; or
new text end

new text begin (3) if the noncustodial parent's PICS meet the eligibility requirement for public
coverage under chapter 256B or the noncustodial parent receives public assistance, the
noncustodial parent must not be ordered to contribute toward the cost of public coverage.
new text end

(g) If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for public coverage for the child.

(h) The commissioner of human services must publish a table with the premium
schedule for public coverage and update the chart for changes to the schedule by July
1 of each year.

(i) If a joint child is not presently enrolled in health care coverage providing dental
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate dental health care coverage for the joint child, and the
court may order a parent with appropriate dental health care coverage available to carry
the coverage for the joint child.

(j) If a joint child is not presently enrolled in available health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of a parent
or the public authority, the court may determine whether that other health care coverage
for the joint child is appropriate, and the court may order a parent with that appropriate
health care coverage available to carry the coverage for the joint child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015.
new text end

Sec. 49.

Minnesota Statutes 2014, section 518A.41, subdivision 14, is amended to read:


Subd. 14.

Child support enforcement services.

The public authority must take
necessary steps to establish deleted text beginand enforcedeleted text endnew text begin, enforce, and modifynew text end an order for medical support
if the joint child receives public assistance or a party completes an application for services
from the public authority under section 518A.51.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 50.

Minnesota Statutes 2014, section 518A.41, subdivision 15, is amended to read:


Subd. 15.

Enforcement.

(a) Remedies available for collecting and enforcing child
support apply to medical support.

(b) For the purpose of enforcement, the following are additional support:

(1) the costs of individual or group health or hospitalization coverage;

(2) dental coverage;

(3) medical costs ordered by the court to be paid by either party, including health
care coverage premiums paid by the obligee because of the obligor's failure to obtain
coverage as ordered; and

(4) liabilities established under this subdivision.

(c) A party who fails to carry court-ordered dependent health care coverage is liable
for the joint child's uninsured medical expenses unless a court order provides otherwise.
A party's failure to carry court-ordered coverage, or to provide other medical support as
ordered, is a basis for modification of deleted text beginadeleted text endnew text begin medicalnew text end support deleted text beginorderdeleted text end under section 518A.39,
subdivision deleted text begin2deleted text end
new text begin 8, unless it meets the presumption in section 518A.39, subdivision 2new text end.

(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 51.

Minnesota Statutes 2014, section 518A.46, subdivision 3, is amended to read:


Subd. 3.

Contents of pleadings.

(a) In cases involving establishment or
modification of a child support order, the initiating party shall include the following
information, if known, in the pleadings:

(1) names, addresses, and dates of birth of the parties;

(2) Social Security numbers of the parties and the minor children of the parties,
which information shall be considered private information and shall be available only to
the parties, the court, and the public authority;

(3) other support obligations of the obligor;

(4) names and addresses of the parties' employers;

(5) gross income of the parties as calculated in section 518A.29;

(6) amounts and sources of any other earnings and income of the parties;

(7) health insurance coverage of parties;

(8) types and amounts of public assistance received by the parties, including
Minnesota family investment plan, child care assistance, medical assistance,
deleted text beginMinnesotaCare,deleted text end title IV-E foster care, or other form of assistance as defined in section
256.741, subdivision 1; and

(9) any other information relevant to the computation of the child support obligation
under section 518A.34.

(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:

(1) information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;

(2) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;

(3) a statement of the types and amount of any public assistance, as defined in
section 256.741, subdivision 1, received by the parties; and

(4) any other information relevant to the determination of support that is known to
the public authority and that has not been otherwise provided by the parties.

The information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child care
reimbursement issues.

Sec. 52.

Minnesota Statutes 2014, section 518A.46, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Contents of pleadings for medical support modifications. new text end

new text begin (a) In cases
involving modification of only the medical support portion of a child support order
under section 518A.39, subdivision 8, the initiating party shall include the following
information, if known, in the pleadings:
new text end

new text begin (1) names, addresses, and dates of birth of the parties;
new text end

new text begin (2) Social Security numbers of the parties and the minor children of the parties,
which shall be considered private information and shall be available only to the parties,
the court, and the public authority;
new text end

new text begin (3) a copy of the full support order being modified;
new text end

new text begin (4) names and addresses of the parties' employers;
new text end

new text begin (5) gross income of the parties as stated in the order being modified;
new text end

new text begin (6) health insurance coverage of the parties; and
new text end

new text begin (7) any other information relevant to the determination of the medical support
obligation under section 518A.41.
new text end

new text begin (b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:
new text end

new text begin (1) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;
new text end

new text begin (2) a statement of the amount of medical assistance received by the parties; and
new text end

new text begin (3) any other information relevant to the determination of medical support that is
known to the public authority and that has not been otherwise provided by the parties.
new text end

new text begin The information must be filed with the court or child support magistrate at least five
days before the hearing on the motion to modify medical support.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 53.

Minnesota Statutes 2014, section 518A.51, is amended to read:


518A.51 FEES FOR IV-D SERVICES.

(a) When a recipient of IV-D services is no longer receiving assistance under the
state's title IV-A, IV-E foster care,new text begin ornew text end medical assistancedeleted text begin, or MinnesotaCaredeleted text end programs, the
public authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D services will be
continued unless the public authority is notified to the contrary by the recipient. The
notice must include the implications of continuing to receive IV-D services, including the
available services and fees, cost recovery fees, and distribution policies relating to fees.

deleted text begin (b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 and the diversionary work program under section
256J.95, persons who transfer from public assistance to nonpublic assistance status, and
minor parents and parents enrolled in a public secondary school, area learning center, or
alternative learning program approved by the commissioner of education.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end In the case of an individual who has never received assistance under a state
program funded under title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose an
annual federal collections fee of $25 for each case in which services are furnished. This
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.

deleted text begin (d)deleted text endnew text begin (c)new text end When the public authority provides full IV-D services to an obligee who
has applied for those services, upon written notice to the obligee, the public authority
must charge a cost recovery fee of two percent of the amount collected. This fee must
be deducted from the amount of the child support and maintenance collected and not
assigned under section 256.741 before disbursement to the obligee. This fee does not
apply to an obligee who:

(1) is currently receiving assistance under the state's title IV-A, IV-E foster care,new text begin ornew text end
medical assistancedeleted text begin, or MinnesotaCaredeleted text end programs; or

(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.

deleted text begin (e)deleted text endnew text begin (d)new text end When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of two percent of the monthly court-ordered child support and
maintenance obligation. The fee may be collected through income withholding, as well
as by any other enforcement remedy available to the public authority responsible for
child support enforcement.

deleted text begin (f)deleted text endnew text begin (e)new text end Fees assessed by state and federal tax agencies for collection of overdue
support owed to or on behalf of a person not receiving public assistance must be imposed
on the person for whom these services are provided. The public authority upon written
notice to the obligee shall assess a fee of $25 to the person not receiving public assistance
for each successful federal tax interception. The fee must be withheld prior to the release
of the funds received from each interception and deposited in the general fund.

deleted text begin (g)deleted text endnew text begin (f)new text end Federal collections fees collected under paragraph deleted text begin(c)deleted text endnew text begin (b)new text end and cost recovery
fees collected under paragraphsnew text begin (c) andnew text end (d) deleted text beginand (e)deleted text end retained by the commissioner of human
services shall be considered child support program income according to Code of Federal
Regulations, title 45, section 304.50, and shall be deposited in the special revenue fund
account established under paragraph deleted text begin(i)deleted text endnew text begin (h)new text end. The commissioner of human services must
elect to recover costs based on either actual or standardized costs.

deleted text begin (h)deleted text endnew text begin (g)new text end The limitations of this section on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving funds for the
programs under title IV-A and title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.

deleted text begin (i)deleted text endnew text begin (h)new text end The commissioner of human services is authorized to establish a special
revenue fund account to receive the federal collections fees collected under paragraph deleted text begin(c)deleted text endnew text begin
(b)
new text end and cost recovery fees collected under paragraphsnew text begin (c) andnew text end (d) deleted text beginand (e)deleted text end.

deleted text begin (j)deleted text endnew text begin (i)new text end The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:

(1) one-half of the revenue must be transferred to the child support system special
revenue account to support the state's administration of the child support enforcement
program and its federally mandated automated system;

(2) an additional portion of the revenue must be transferred to the child support
system special revenue account for expenditures necessary to administer the fees; and

(3) the remaining portion of the revenue must be distributed to the counties to aid the
counties in funding their child support enforcement programs.

deleted text begin (k)deleted text endnew text begin (j)new text end The nonfederal share of the federal collections fees must be distributed to the
counties to aid them in funding their child support enforcement programs.

deleted text begin (l)deleted text endnew text begin (k)new text end The commissioner of human services shall distribute quarterly any of the
funds dedicated to the counties under paragraphsnew text begin (i) andnew text end (j) deleted text beginand (k)deleted text end using the methodology
specified in section 256.979, subdivision 11. The funds received by the counties must be
reinvested in the child support enforcement program and the counties must not reduce the
funding of their child support programs by the amount of the funding distributed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, except that the
amendments striking MinnesotaCare are effective July 1, 2015.
new text end

Sec. 54.

Minnesota Statutes 2014, section 518A.53, subdivision 4, is amended to read:


Subd. 4.

Collection services.

(a) The commissioner of human services shall prepare
and make available to the courts a notice of services that explains child support and
maintenance collection services available through the public authority, including income
withholding, and the fees for such services. Upon receiving a petition for dissolution of
marriage or legal separation, the court administrator shall promptly send the notice of
services to the petitioner and respondent at the addresses stated in the petition.

(b) Either the obligee or obligor may at any time apply to the public authority for
either full IV-D services or for income withholding only services.

(c) For those persons applying for income withholding only services, a monthly
service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
the support order and shall be withheld through income withholding. The public authority
shall explain the service options in this section to the affected parties and encourage the
application for full child support collection services.

(d) If the obligee is not a current recipient of public assistance as defined in section
256.741, the person who applied for services may at any time choose to terminate either
full IV-D services or income withholding only services regardless of whether income
withholding is currently in place. The obligee or obligor may reapply for either full IV-D
services or income withholding only services at any time. deleted text beginUnless the applicant is a
recipient of public assistance as defined in section 256.741, a $25 application fee shall be
charged at the time of each application.
deleted text end

(e) When a person terminates IV-D services, if an arrearage for public assistance as
defined in section 256.741 exists, the public authority may continue income withholding,
as well as use any other enforcement remedy for the collection of child support, until all
public assistance arrears are paid in full. Income withholding shall be in an amount equal
to 20 percent of the support order in effect at the time the services terminated.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 55.

Minnesota Statutes 2014, section 518C.802, is amended to read:


518C.802 CONDITIONS OF RENDITION.

(a) Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of an obligee,
the governor of this state may require a prosecutor of this state to demonstrate that at least
60 days previously the obligee had initiated proceedings for support pursuant to this
chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, deleted text beginthe Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement
of Support Act,
deleted text end the governor of another state makes a demand that the governor of
this state surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of support is owed,
the governor may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the governor may delay honoring
the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner prevails
and the individual whose rendition is demanded is subject to a support order, the governor
may decline to honor the demand if the individual is complying with the support order.

Sec. 56.

Laws 2014, chapter 189, section 5, is amended to read:


Sec. 5.

Minnesota Statutes 2012, section 518C.201, is amended to read:


518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.

(a) In a proceeding to establishdeleted text begin,deleted text endnew text begin ornew text end enforcedeleted text begin, or modifydeleted text end a support order or to determine
parentage of a child, a tribunal of this state may exercise personal jurisdiction over a
nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with a summons or comparable document
within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a
general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support
for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;

(7) the individual asserted parentage of a child under sections 257.51 to 257.75; or

(8) there is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state
may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child
support order of another state unless the requirements of section 518C.611 are met, or, in
the case of a foreign support order, unless the requirements of section 518C.615 are met.

Sec. 57.

Laws 2014, chapter 189, section 10, is amended to read:


Sec. 10.

Minnesota Statutes 2012, section 518C.206, is amended to read:


518C.206 deleted text beginENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
BY TRIBUNAL HAVING
deleted text end CONTINUING JURISDICTIONnew text begin TO ENFORCE CHILD
SUPPORT ORDER
new text end.

(a) A tribunal of this state that has issued a child support order consistent with the
law of this state may serve as an initiating tribunal to request a tribunal of another state
to enforce:

(1) the order if the order is the controlling order and has not been modified by
a tribunal of another state that assumed jurisdiction pursuant to deleted text beginthis chapter or a law
substantially similar to this chapter
deleted text endnew text begin the Uniform Interstate Family Support Actnew text end; or

(2) a money judgment for arrears of support and interest on the order accrued before
a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this state having continuingdeleted text begin, exclusivedeleted text end jurisdiction over a support
order may act as a responding tribunal to enforce the order.

Sec. 58.

Laws 2014, chapter 189, section 11, is amended to read:


Sec. 11.

Minnesota Statutes 2012, section 518C.207, is amended to read:


518C.207 deleted text beginRECOGNITIONdeleted text endnew text begin DETERMINATIONnew text end OF CONTROLLING CHILD
SUPPORT ORDER.

(a) If a proceeding is brought under this chapter and only one tribunal has issued a
child support order, the order of that tribunal deleted text beginis controllingdeleted text endnew text begin controlsnew text end and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support
orders have been issued by tribunals of this state, another state, or a foreign country with
regard to the same obligor and child, a tribunal of this state having personal jurisdiction
over both the obligor and the individual obligee shall apply the following rules and by
order shall determine which order controls and must be recognized:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the order of that tribunal deleted text beginis controllingdeleted text endnew text begin controlsnew text end.

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter:

(i) an order issued by a tribunal in the current home state of the child controls; or

(ii) if an order has not been issued in the current home state of the child, the order
most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state shall issue a child support order, which controls.

(c) If two or more child support orders have been issued for the same obligor and
child, upon request of a party who is an individual or that is a support enforcement agency,
a tribunal of this state having personal jurisdiction over both the obligor and the obligee
who is an individual shall determine which order controls under paragraph (b). The
request may be filed with a registration for enforcement or registration for modification
pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied
by a copy of every child support order in effect and the applicable record of payments.
The requesting party shall give notice of the request to each party whose rights may
be affected by the determination.

(e) The tribunal that issued the controlling order under paragraph (a), (b), or (c) has
continuing jurisdiction to the extent provided in section 518C.205, or 518C.206.

(f) A tribunal of this state which determines by order which is the controlling order
under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling
child support order under paragraph (b), clause (3), shall state in that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if any, under all of
the orders after all payments made are credited as provided by section 518C.209.

(g) Within 30 days after issuance of the order determining which is the controlling
order, the party obtaining that order shall file a certified copy of it with each tribunal that
issued or registered an earlier order of child support. A party or support enforcement
agency obtaining the order that fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must be
recognized in proceedings under this chapter.

Sec. 59.

Laws 2014, chapter 189, section 16, is amended to read:


Sec. 16.

Minnesota Statutes 2012, section 518C.301, is amended to read:


518C.301 PROCEEDINGS UNDER THIS CHAPTER.

(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319
apply to all proceedings under this chapter.

deleted text begin (b) This chapter provides for the following proceedings:
deleted text end

deleted text begin (1) establishment of an order for spousal support or child support pursuant to
section 518C.401;
deleted text end

deleted text begin (2) enforcement of a support order and income-withholding order of another state or
a foreign country without registration pursuant to sections 518C.501 and 518C.502;
deleted text end

deleted text begin (3) registration of an order for spousal support or child support of another state or a
foreign country for enforcement pursuant to sections 518C.601 to 518C.612;
deleted text end

deleted text begin (4) modification of an order for child support or spousal support issued by a tribunal
of this state pursuant to sections 518C.203 to 518C.206;
deleted text end

deleted text begin (5) registration of an order for child support of another state or a foreign country for
modification pursuant to sections 518C.601 to 518C.612;
deleted text end

deleted text begin (6) determination of parentage of a child pursuant to section 518C.701; and
deleted text end

deleted text begin (7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and
518C.202.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end An individual petitioner or a support enforcement agency may commence
a proceeding authorized under this chapter by filing a petition in an initiating tribunal
for forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state or a foreign country which has or can obtain personal
jurisdiction over the respondent.

Sec. 60.

Laws 2014, chapter 189, section 17, is amended to read:


Sec. 17.

Minnesota Statutes 2012, section 518C.303, is amended to read:


518C.303 APPLICATION OF LAW OF THIS STATE.

Except as otherwise provided by this chapter, a responding tribunal of this state shall:

(1) apply the procedural and substantive lawdeleted text begin, including the rules on choice of law,deleted text end
generally applicable to similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings; and

(2) determine the duty of support and the amount payable in accordance with the
law and support guidelines of this state.

Sec. 61.

Laws 2014, chapter 189, section 18, is amended to read:


Sec. 18.

Minnesota Statutes 2012, section 518C.304, is amended to read:


518C.304 DUTIES OF INITIATING TRIBUNAL.

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of
this state shall forward the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this state shall issue a
certificate or other documents and make findings required by the law of the responding
state. If the responding tribunal is in a foreign country, new text beginupon request new text endthe tribunal of this
state shall specify the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under applicable official or market exchange rate as
publicly reported, and provide other documents necessary to satisfy the requirements of
the responding foreign tribunal.

Sec. 62.

Laws 2014, chapter 189, section 19, is amended to read:


Sec. 19.

Minnesota Statutes 2012, section 518C.305, is amended to read:


518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.

(a) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph deleted text begin(c)deleted text endnew text begin
(b)
new text end
, it shall cause the petition or pleading to be filed and notify the petitioner where and
when it was filed.

(b) A responding tribunal of this state, to the extent deleted text beginotherwise authorized bydeleted text endnew text begin not
prohibited by other
new text end law, may do one or more of the following:

(1) establish or enforce a support order, modify a child support order, determine the
controlling child support order, or to determine parentage of a child;

(2) order an obligor to comply with a support order, specifying the amount and
the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential
address, electronic mail address, telephone number, employer, address of employment,
and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and state
computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under
this chapter, or in the documents accompanying the order, the calculations on which
the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support
order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order to the petitioner and the respondent and to the
initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.

Sec. 63.

Laws 2014, chapter 189, section 23, is amended to read:


Sec. 23.

Minnesota Statutes 2012, section 518C.310, is amended to read:


518C.310 DUTIES OF STATE INFORMATION AGENCY.

(a) The unit within the Department of Human Services that receives and disseminates
incoming interstate actions under title IV-D of the Social Security Act is the State
Information Agency under this chapter.

(b) The State Information Agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of new text beginnames and addresses of new text endtribunals and support enforcement
agencies received from other states;

(3) forward to the appropriate tribunal in the place in this state in which the
individual obligee or the obligor resides, or in which the obligor's property is believed
to be located, all documents concerning a proceeding under this chapter received from
another state or a foreign country; and

(4) obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental records, including, to
the extent not prohibited by other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

Sec. 64.

Laws 2014, chapter 189, section 24, is amended to read:


Sec. 24.

Minnesota Statutes 2012, section 518C.311, is amended to read:


518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.

(a) A petitioner seeking to establish or modify a support order, determine parentage
of a child, or register and modify a support order of a tribunal of another state or a foreign
country, in a proceeding under this chapter must file a petition. Unless otherwise ordered
under section 518C.312, the petition or accompanying documents must provide, so far
as known, the name, residential address, and Social Security numbers of the obligor and
the obligeenew text begin or parent and alleged parentnew text end, and the name, sex, residential address, Social
Security number, and date of birth of each child for whom support is sought or whose
deleted text beginparenthooddeleted text endnew text begin parentagenew text end is to be determined. new text beginUnless filed at the time of registration, new text endthe
petition must be accompanied by a deleted text begincertifieddeleted text end copy of any support order deleted text beginin effectdeleted text endnew text begin known
to have been issued by another tribunal
new text end. The petition may include any other information
that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.

Sec. 65.

Laws 2014, chapter 189, section 27, is amended to read:


Sec. 27.

Minnesota Statutes 2012, section 518C.314, is amended to read:


518C.314 LIMITED IMMUNITY OF PETITIONER.

(a) Participation by a petitioner in a proceeding under this chapter before a
responding tribunal, whether in person, by private attorney, or through services provided
by the support enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present
in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on
acts unrelated to a proceeding under this chapter committed by a party while new text beginphysically
new text endpresent in this state to participate in the proceeding.

Sec. 66.

Laws 2014, chapter 189, section 28, is amended to read:


Sec. 28.

Minnesota Statutes 2012, section 518C.316, is amended to read:


518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.

(a) The physical presence of deleted text beginthe petitionerdeleted text endnew text begin a nonresident party who is an individualnew text end
in a deleted text beginrespondingdeleted text end tribunal of this state is not required for the establishment, enforcement,
or modification of a support order or the rendition of a judgment determining parentage
of a child.

(b) deleted text beginA verified petition,deleted text endnew text begin Annew text end affidavit, new text begina new text enddocument substantially complying with
federally mandated forms, deleted text beginanddeleted text endnew text begin ornew text end a document incorporated by reference in any of them,
not excluded under the hearsay rule if given in person, is admissible in evidence if given
under deleted text beginoathdeleted text endnew text begin penalty of perjurynew text end by a party or witness residing outside this state.

(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The copy
is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least ten days before
trial, are admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of this state
by telephone, telecopier, or other electronic means that do not provide an original record
may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state shall permit a party
or witness residing outside this state to be deposed or to testify under penalty of perjury
by telephone, audiovisual means, or other electronic means at a designated tribunal or
other location. A tribunal of this state shall cooperate with other tribunals in designating
an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that
the testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.

(h) A privilege against disclosure of communications between spouses does not
apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of a child.

Sec. 67.

Laws 2014, chapter 189, section 29, is amended to read:


Sec. 29.

Minnesota Statutes 2012, section 518C.317, is amended to read:


518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.

A tribunal of this state may communicate with a tribunal outside this state in
deleted text beginwriting, by e-mail, ordeleted text endnew text begin a record, ornew text end by telephonenew text begin, electronic mail,new text end or other means, to obtain
information concerning the laws of that state, the legal effect of a judgment, decree, or
order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish
similar information by similar means to a tribunal outside this state.

Sec. 68.

Laws 2014, chapter 189, section 31, is amended to read:


Sec. 31.

Minnesota Statutes 2012, section 518C.319, is amended to read:


518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.

(a) A support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency
or tribunal shall furnish to a requesting party or tribunal of another state or a foreign
country a certified statement by the custodian of the record of the amounts and dates
of all payments received.

(b) If neither the obligor, deleted text beginnotdeleted text endnew text begin nornew text end the obligee who is an individual, nor the child
resides in this state, upon request from the support enforcement agency of this state or
another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) direct that the support payment be made to the support enforcement agency in
the state in which the obligee is receiving services; and

(2) issue and send to the obligor's employer a conforming income-withholding order
or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party
or tribunal of the other state a certified statement by the custodian of the record of the
amount and dates of all payments received.

Sec. 69.

Laws 2014, chapter 189, section 43, is amended to read:


Sec. 43.

Minnesota Statutes 2012, section 518C.604, is amended to read:


518C.604 CHOICE OF LAW.

(a) Except as otherwise provided in paragraph (d), the law of the issuing state or
foreign country governs:

(1) the nature, extent, amount, and duration of current payments under a registered
support order;

(2) the computation and payment of arrearages and accrual of interest on the
arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrearagesnew text begin under a registered support ordernew text end, the statute of
limitation under the laws of this state or of the issuing state or foreign country, whichever
is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of
this state to enforce current support and collect arrears and interest due on a support order
of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which is the controlling
order and issues an order consolidating arrears, if any, a tribunal of this state shall
prospectively apply the law of the state or foreign country issuing the controlling order,
including its law on interest on arrears, on current and future support, and on consolidated
arrears.

Sec. 70.

Laws 2014, chapter 189, section 50, is amended to read:


Sec. 50.

Minnesota Statutes 2012, section 518C.611, is amended to read:


518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
STATE.

(a) If section 518C.613 does not apply, upon petition a tribunal of this state may
modify a child support order issued in another state that is registered in this state if, after
notice and hearing, it finds that:

(1) the following requirements are met:

(i) neither the child, nor the obligee who is an individual, nor the obligor resides
in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) this state is the residence of the child, or a party who is an individual is subject to
the personal jurisdiction of the tribunal of this state and all of the parties who are individuals
have filed deleted text beginwrittendeleted text end consents in a record in the issuing tribunal for a tribunal of this state to
modify the support order and assume continuing, exclusive jurisdiction deleted text beginover the orderdeleted text end.

(b) Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an order issued
by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that
may not be modified under the law of the issuing state, including the duration of the
obligation of support. If two or more tribunals have issued child support orders for the
same obligor and child, the order that controls and must be recognized under section
518C.207 establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty of support established by that
order precludes imposition of a further obligation of support by a tribunal of this state.

(e) On issuance of an order new text beginby a tribunal of this state new text endmodifying a child support order
issued in another state, a tribunal of this state becomes the tribunal having continuing,
exclusive jurisdiction.

(f) Notwithstanding paragraphs (a) to deleted text begin(d)deleted text endnew text begin (e)new text end and section 518C.201, paragraph (b),
a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this
state if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.

Sec. 71.

Laws 2014, chapter 189, section 51, is amended to read:


Sec. 51.

Minnesota Statutes 2012, section 518C.612, is amended to read:


518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.

If a child support order issued by a tribunal of this state is modified by a tribunal of
another state which assumed jurisdiction deleted text beginaccording to this chapter or a law substantially
similar to this chapter
deleted text endnew text begin pursuant to the Uniform Interstate Family Support Act,new text end a tribunal of
this state:

(1) may enforce its order that was modified only as to arrears and interest accruing
before the modification;

(2) may provide appropriate relief for violations of its order which occurred before
the effective date of the modification; and

(3) shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.

Sec. 72.

Laws 2014, chapter 189, section 73, is amended to read:


Sec. 73. EFFECTIVE DATE.

This act deleted text beginbecomesdeleted text endnew text begin isnew text end effective deleted text beginon the date that the United States deposits the
instrument of ratification for the Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance with the Hague Conference on Private
International Law
deleted text endnew text begin July 1, 2015new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 73. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 124D.142, new text end new text begin is repealed effective the day following
final enactment.
new text end

ARTICLE 2

CHEMICAL AND MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2014, section 245.4661, subdivision 5, is amended to read:


Subd. 5.

Planning for pilot projects.

(a) Each local plan for a pilot project, with
the exception of the placement of a Minnesota specialty treatment facility as defined in
paragraph (c), must be developed under the direction of the county board, or multiple
county boards acting jointly, as the local mental health authority. The planning process
for each pilot shall include, but not be limited to, mental health consumers, families,
advocates, local mental health advisory councils, local and state providers, representatives
of state and local public employee bargaining units, and the department of human services.
As part of the planning process, the county board or boards shall designate a managing
entity responsible for receipt of funds and management of the pilot project.

(b) For Minnesota specialty treatment facilities, the commissioner shall issue a
request for proposal for regions in which a need has been identified for services.

(c) For purposes of this section, "Minnesota specialty treatment facility" is defined
as an intensive deleted text beginrehabilitative mental healthdeleted text end new text beginresidential treatment new text endservice under section
256B.0622, subdivision 2, paragraph (b).

Sec. 2.

new text begin [245.735] EXCELLENCE IN MENTAL HEALTH DEMONSTRATION
PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Excellence in Mental Health demonstration project. new text end

new text begin The
commissioner shall develop and execute projects to reform the mental health system by
participating in the Excellence in Mental Health demonstration project.
new text end

new text begin Subd. 2. new text end

new text begin Federal proposal. new text end

new text begin The commissioner shall develop and submit to the
United States Department of Health and Human Services a proposal for the Excellence
in Mental Health demonstration project. The proposal shall include any necessary state
plan amendments, waivers, requests for new funding, realignment of existing funding, and
other authority necessary to implement the projects specified in subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Rules. new text end

new text begin By January 15, 2017, the commissioner shall adopt rules that meet
the criteria in subdivision 4, paragraph (a), to establish standards for state certification
of community behavioral health clinics, and rules that meet the criteria in subdivision 4,
paragraph (b), to implement a prospective payment system for medical assistance payment
of mental health services delivered in certified community behavioral health clinics. These
rules shall comply with federal requirements for certification of community behavioral
health clinics and the prospective payment system and shall apply to community mental
health centers, mental health clinics, mental health residential treatment centers, essential
community providers, federally qualified health centers, and rural health clinics. The
commissioner may adopt rules under this subdivision using the expedited process in
section 14.389.
new text end

new text begin Subd. 4. new text end

new text begin Reform projects. new text end

new text begin (a) The commissioner shall establish standards for state
certification of clinics as certified community behavioral health clinics, in accordance with
the criteria published on or before September 1, 2015, by the United States Department
of Health and Human Services. Certification standards established by the commissioner
shall require that:
new text end

new text begin (1) clinic staff have backgrounds in diverse disciplines, include licensed mental
health professionals, and are culturally and linguistically trained to serve the needs of the
clinic's patient population;
new text end

new text begin (2) clinic services are available and accessible and that crisis management services
are available 24 hours per day;
new text end

new text begin (3) fees for clinic services are established using a sliding fee scale and services to
patients are not denied or limited due to a patient's inability to pay for services;
new text end

new text begin (4) clinics provide coordination of care across settings and providers to ensure
seamless transitions for patients across the full spectrum of health services, including
acute, chronic, and behavioral needs. Care coordination may be accomplished through
partnerships or formal contracts with federally qualified health centers, inpatient
psychiatric facilities, substance use and detoxification facilities, community-based mental
health providers, and 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;
new text end

new text begin (5) services provided by clinics include crisis mental health services, emergency
crisis intervention services, and stabilization services; screening, assessment, and diagnosis
services, including risk assessments and level of care determinations; patient-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; and
new text end

new text begin (6) clinics comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data.
new text end

new text begin (b) The commissioner shall establish standards and methodologies for a prospective
payment system for medical assistance payments for mental health services delivered by
certified community behavioral health clinics, in accordance with guidance issued on or
before September 1, 2015, by the Centers for Medicare and Medicaid Services. During the
operation of the demonstration project, payments shall comply with federal requirements
for a 90 percent enhanced federal medical assistance percentage.
new text end

new text begin Subd. 5. new text end

new text begin Public participation. new text end

new text begin In developing the projects under subdivision 4, the
commissioner shall consult with mental health providers, advocacy organizations, licensed
mental health professionals, and Minnesota health care program enrollees who receive
mental health services and their families.
new text end

new text begin Subd. 6. new text end

new text begin Information systems support. new text end

new text begin The commissioner and the state chief
information officer shall provide information systems support to the projects as necessary
to comply with federal requirements and the deadlines in subdivision 3.
new text end

Sec. 3.

Minnesota Statutes 2014, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for
chemical dependency services and service enhancements funded under this chapter.

(b) Eligible chemical dependency treatment services include:

(1) outpatient treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license;

(2) medication-assisted therapy services that are licensed according to Minnesota
Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;

(3) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (2) and provide nine hours of clinical services each week;

(4) high, medium, and low intensity residential treatment services that are licensed
according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
tribal license which provide, respectively, 30, 15, and five hours of clinical services each
week;

(5) hospital-based treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
sections 144.50 to 144.56;

(6) adolescent treatment programs that are licensed as outpatient treatment programs
according to Minnesota Rules, parts 9530.6405 to 9530.6485, 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 beginand
deleted text end

(7) room and board facilities that meet the requirements of section 254B.05,
subdivision 1adeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) services that:
new text end

new text begin (i) are licensed according to Minnesota Rules, parts 9530.6405 to 9530.6480 and
9530.6505, or with an applicable tribal license, and provide 30 hours of clinical services
each week;
new text end

new text begin (ii) are certified according to Minnesota Rules, parts 9533.0010 to 9533.0180;
new text end

new text begin (iii) are provided by a state-operated or nonstate-operated vendor, 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
new text end

new text begin (iv) meet staffing requirements established by the commissioner for serving this
population.
new text end

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

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

(i) provides on-site child care during hours of treatment activity that meets the
requirements in Minnesota Rules, part 9530.6490, or section 245A.03, subdivision 2; 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 programs as defined in section 254B.01, subdivision deleted text begin8deleted text endnew text begin 4anew text end, if
the program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;

(3) 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; and

(4) 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 Minnesota Rules, part
9530.6495;

(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 will 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 Minnesota Rules,
part 9530.6490.

(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).

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to paragraph (b) are effective January 1,
2016, 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 2014, section 256B.0615, subdivision 3, is amended to read:


Subd. 3.

Eligibility.

Peer support services may be made available to consumers
of (1) intensive deleted text beginrehabilitative mental healthdeleted text end new text begin residential treatment new text endservices under section
256B.0622; (2) adult rehabilitative mental health services under section 256B.0623; and
(3) crisis stabilization and mental health mobile crisis intervention services under section
256B.0624.

Sec. 5.

Minnesota Statutes 2014, section 256B.0622, subdivision 1, is amended to read:


Subdivision 1.

Scope.

Subject to federal approval, medical assistance covers
medically necessary, deleted text beginintensive nonresidentialdeleted text endnew text begin assertive community treatmentnew text end and new text beginintensive
new text endresidential deleted text beginrehabilitative mental healthdeleted text end new text begintreatmentnew text end services as defined in subdivision 2, for
recipients as defined in subdivision 3, when the services are provided by an entity meeting
the standards in this section.

Sec. 6.

Minnesota Statutes 2014, section 256B.0622, subdivision 2, is amended to read:


Subd. 2.

Definitions.

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

(a) deleted text begin"Intensive nonresidential rehabilitative mental health services" means adult
rehabilitative mental health services as defined in section 256B.0623, subdivision 2,
paragraph (a), except that these services are provided by a multidisciplinary staff using
a total team approach consistent with assertive community treatment, the Fairweather
Lodge treatment model, as defined by the standards established by the National Coalition
for Community Living, and other evidence-based practices, and directed to recipients with
a serious mental illness who require intensive services.
deleted text endnew text begin "Assertive community treatment"
means intensive nonresidential rehabilitative mental health services provided according
to the evidence-based practice of assertive community treatment. Core elements of this
service include, but are not limited to:
new text end

new text begin (1) a multidisciplinary staff who utilize a total team approach and who serve as a
fixed point of responsibility for all service delivery;
new text end

new text begin (2) providing services 24 hours per day and 7 days per week;
new text end

new text begin (3) providing the majority of services in a community setting;
new text end

new text begin (4) offering a low ratio of recipients to staff; and
new text end

new text begin (5) providing service that is not time-limited.
new text end

(b) "Intensive residential deleted text beginrehabilitative mental healthdeleted text end new text begintreatmentnew text end services" means
short-term, time-limited services provided in a residential setting to recipients who are
in need of more restrictive settings and are at risk of significant functional deterioration
if they do not receive these services. Services are designed to develop and enhance
psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live
in a more independent setting. Services must be directed toward a targeted discharge
date with specified client outcomes deleted text beginand must be consistent with the Fairweather Lodge
treatment model as defined in paragraph (a), and other evidence-based practices
deleted text end.

(c) "Evidence-based practices" are nationally recognized mental health services that
are proven by substantial research to be effective in helping individuals with serious
mental illness obtain specific treatment goals.

(d) "Overnight staff" means a member of the intensive residential rehabilitative
mental health treatment team who is responsible during hours when recipients are
typically asleep.

(e) "Treatment team" means all staff who provide services under this section to
recipients. At a minimum, this includes the clinical supervisor, mental health professionals
as defined in section 245.462, subdivision 18, clauses (1) to (6); mental health practitioners
as defined in section 245.462, subdivision 17; mental health rehabilitation workers under
section 256B.0623, subdivision 5, clause (3); and certified peer specialists under section
256B.0615.

Sec. 7.

Minnesota Statutes 2014, section 256B.0622, subdivision 3, is amended to read:


Subd. 3.

Eligibility.

An eligible recipient is an individual who:

(1) is age 18 or older;

(2) is eligible for medical assistance;

(3) is diagnosed with a mental illness;

(4) because of a mental illness, has substantial disability and functional impairment
in three or more of the areas listed in section 245.462, subdivision 11a, so that
self-sufficiency is markedly reduced;

(5) has one or more of the following: a history of deleted text begintwo or moredeleted text endnew text begin recurring or prolongednew text end
inpatient hospitalizations in the past year, significant independent living instability,
homelessness, or very frequent use of mental health and related services yielding poor
outcomes; and

(6) in the written opinion of a licensed mental health professional, has the need for
mental health services that cannot be met with other available community-based services,
or is likely to experience a mental health crisis or require a more restrictive setting if
intensive rehabilitative mental health services are not provided.

Sec. 8.

Minnesota Statutes 2014, section 256B.0622, subdivision 4, is amended to read:


Subd. 4.

Provider certification and contract requirements.

(a) The deleted text beginintensive
nonresidential rehabilitative mental health services
deleted text endnew text begin assertive community treatmentnew text end
provider must:

(1) have a contract with the host county to provide intensive adult rehabilitative
mental health services; and

(2) be certified by the commissioner as being in compliance with this section and
section 256B.0623.

(b) The intensive residential deleted text beginrehabilitative mental healthdeleted text end new text begintreatmentnew text end services provider
must:

(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;

(2) not exceed 16 beds per site;

(3) comply with the additional standards in this section; and

(4) have a contract with the host county to provide these services.

(c) The commissioner shall develop procedures for counties and providers to submit
contracts and other documentation as needed to allow the commissioner to determine
whether the standards in this section are met.

Sec. 9.

Minnesota Statutes 2014, section 256B.0622, subdivision 5, is amended to read:


Subd. 5.

Standards applicable to both deleted text beginnonresidentialdeleted text endnew text begin assertive community
treatment
new text end and residential providers.

(a) Services must be provided by qualified staff as
defined in section 256B.0623, subdivision 5, who are trained and supervised according to
section 256B.0623, subdivision 6, except that mental health rehabilitation workers acting
as overnight staff are not required to comply with section 256B.0623, subdivision 5,
clause deleted text begin(3)deleted text endnew text begin (4), item new text end(iv).

(b) The clinical supervisor must be an active member of the treatment team. The
treatment team must meet with the clinical supervisor at least weekly to discuss recipients'
progress and make rapid adjustments to meet recipients' needs. The team meeting shall
include recipient-specific case reviews and general treatment discussions among team
members. Recipient-specific case reviews and planning must be documented in the
individual recipient's treatment record.

(c) Treatment staff must have prompt access in person or by telephone to a mental
health practitioner or mental health professional. The provider must have the capacity to
promptly and appropriately respond to emergent needs and make any necessary staffing
adjustments to assure the health and safety of recipients.

(d) The initial functional assessment must be completed within ten days of intake
and updated at least every deleted text beginthree monthsdeleted text endnew text begin 30 days for intensive residential treatment services
and every six months for assertive community treatment,
new text end or prior to discharge from the
service, whichever comes first.

(e) The initial individual treatment plan must be completed within ten days of intake
deleted text beginanddeleted text endnew text begin for assertive community treatment and within 24 hours of admission for intensive
residential treatment services. Within ten days of admission, the initial treatment plan
must be refined and further developed for intensive residential treatment services, except
for providers certified according to Minnesota Rules, parts 9533.0010 to 9533.0180.
The individual treatment plan must be
new text end reviewednew text begin with the recipientnew text end and updated at least
monthly deleted text beginwith the recipientdeleted text endnew text begin for intensive residential treatment services and at least every
six months for assertive community treatment
new text end.

Sec. 10.

Minnesota Statutes 2014, section 256B.0622, subdivision 7, is amended to read:


Subd. 7.

Additional standards for deleted text beginnonresidential servicesdeleted text endnew text begin assertive community
treatment
new text end.

The standards in this subdivision apply to deleted text beginintensive nonresidential
rehabilitative mental health
deleted text endnew text begin assertive community treatmentnew text end services.

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

(2) The clinical supervisor must function as a practicing clinician at least on a
part-time basis.

(3) The staffing ratio must not exceed ten recipients to one full-time equivalent
treatment team position.

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

(5) The treatment team must actively and assertively engage and reach out to the
recipient's family members and significant others, after obtaining the recipient's permission.

(6) The treatment team must establish ongoing communication and collaboration
between the team, family, and significant others and educate the family and significant
others about mental illness, symptom management, and the family's role in treatment.

(7) The treatment team must provide interventions to promote positive interpersonal
relationships.

Sec. 11.

Minnesota Statutes 2014, section 256B.0622, subdivision 8, is amended to read:


Subd. 8.

Medical assistance payment for intensive rehabilitative mental health
services.

(a) Payment for new text beginintensive new text endresidential deleted text beginand nonresidentialdeleted text endnew text begin treatmentnew text end services
new text beginand assertive community treatment new text endin this section shall be based on one daily rate per
provider inclusive of the following services received by an eligible recipient in a given
calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.

(b) Except as indicated in paragraph (c), payment will not be made to more than one
entity for each recipient for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.

(c) The commissioner shall determine one rate for each provider that will bill
medical assistance for residential services under this section and one rate for each
deleted text beginnonresidentialdeleted text endnew text begin assertive community treatmentnew text end provider. If a single entity provides both
services, one rate is established for the entity's residential services and another rate for the
entity's nonresidential services under this section. A provider is not eligible for payment
under this section without authorization from the commissioner. The commissioner shall
develop rates using the following criteria:

deleted text begin (1) the cost for similar services in the local trade area;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end the provider's cost for services shall include direct services costs, other
program costs, and other costs determined as follows:

(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;

(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that
provide similar services;

(iii) deleted text beginin situations where a provider of intensive residential services can demonstrate
actual program-related physical plant costs in excess of the group residential housing
reimbursement, the commissioner may include these costs in the program rate, so long
as the additional reimbursement does not subsidize the room and board expenses of the
program
deleted text endnew text begin physical plant costs calculated based on the percentage of space within the
program that is entirely devoted to treatment and programming. This does not include
administrative or residential space
new text end;

(iv) deleted text beginintensive nonresidential servicesdeleted text endnew text begin assertive community treatmentnew text end physical plant
costs must be reimbursed as part of the costs described in item (ii); and

(v) new text beginsubject to federal approval, new text endup to an additional five percent of the total rate deleted text beginmustdeleted text endnew text begin
may
new text end be added to the program rate as a quality incentive based upon the entity meeting
performance criteria specified by the commissioner;

deleted text begin (3)deleted text endnew text begin (2)new text end actual cost is defined as costs which are allowable, allocable, and reasonable,
and consistent with federal reimbursement requirements under Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and Office of
Management and Budget Circular Number A-122, relating to nonprofit entities;

deleted text begin (4)deleted text endnew text begin (3)new text end the number of service units;

deleted text begin (5)deleted text endnew text begin (4)new text end the degree to which recipients will receive services other than services under
this section;new text begin and
new text end

deleted text begin (6)deleted text endnew text begin (5)new text end the costs of other services that will be separately reimburseddeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (7) input from the local planning process authorized by the adult mental health
initiative under section 245.4661, regarding recipients' service needs.
deleted text end

(d) The rate for intensive deleted text beginrehabilitative mental healthdeleted text end new text beginresidential treatmentnew text end services
new text beginand assertive community treatmentnew text end must exclude room and board, as defined in section
256I.03, subdivision 6, and services not covered under this section, such as partial
hospitalization, home care, and inpatient services.

new text begin (e) new text endPhysician services that are not separately billed may be included in the rate to the
extent that a psychiatrist is a member of the treatment team.new text begin Physician services, whether
billed separately or included in the rate, may be delivered by telemedicine. For purposes
of this paragraph, "telemedicine" has the meaning given to "mental health telemedicine"
in section 256B.0625, subdivision 46, when telemedicine is used to provide intensive
residential treatment services.
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end When services under this section are provided by an deleted text beginintensive nonresidential
service
deleted text endnew text begin assertive community treatment new text end provider, case management functions must be an
integral part of the team.

deleted text begin (f)deleted text endnew text begin (g)new text end The rate for a provider must not exceed the rate charged by that provider for
the same service to other payors.

deleted text begin (g)deleted text endnew text begin (h)new text end The rates for existing programs must be established prospectively based upon
the expenditures and utilization over a prior 12-month period using the criteria established
in paragraph (c).new text begin The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph (c).
new text end

deleted text begin (h)deleted text endnew text begin (i)new text end Entities who discontinue providing services must be subject to a settle-up
process whereby actual costs and reimbursement for the previous 12 months are
compared. In the event that the entity was paid more than the entity's actual costs plus
any applicable performance-related funding due the provider, the excess payment must
be reimbursed to the department. If a provider's revenue is less than actual allowed costs
due to lower utilization than projected, the commissioner may reimburse the provider to
recover its actual allowable costs. The resulting adjustments by the commissioner must
be proportional to the percent of total units of service reimbursed by the commissionernew text begin
and must reflect a difference of greater than five percent
new text end.

deleted text begin (i)deleted text endnew text begin (j)new text end A provider may request of the commissioner a review of any rate-setting
decision made under this subdivision.

Sec. 12.

Minnesota Statutes 2014, section 256B.0622, subdivision 9, is amended to read:


Subd. 9.

Provider enrollment; rate setting for county-operated entities.

Counties
that employ their own staff to provide services under this section shall apply directly to
the commissioner for enrollment and rate setting. In this case, a county contract is not
required deleted text beginand the commissioner shall perform the program review and rate setting duties
which would otherwise be required of counties under this section
deleted text end.

Sec. 13.

Minnesota Statutes 2014, section 256B.0622, subdivision 10, is amended to
read:


Subd. 10.

Provider enrollment; rate setting for specialized program.

A new text begincounty
contract is not required for a
new text endprovider proposing to serve a subpopulation of eligible
recipients deleted text beginmay bypass the county approval procedures in this section and receive approval
for provider enrollment and rate setting directly from the commissioner
deleted text end under the
following circumstances:

(1) the provider demonstrates that the subpopulation to be served requires a
specialized program which is not available from county-approved entities; and

(2) the subpopulation to be served is of such a low incidence that it is not feasible to
develop a program serving a single county or regional group of counties.

deleted text begin For providers meeting the criteria in clauses (1) and (2), the commissioner shall
perform the program review and rate setting duties which would otherwise be required of
counties under this section.
deleted text end

Sec. 14.

Minnesota Statutes 2014, section 256B.0622, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Sustainability grants. new text end

new text begin The commissioner may disburse grant funds
directly to intensive residential treatment services providers and assertive community
treatment providers to maintain access to these services.
new text end

Sec. 15.

Minnesota Statutes 2014, section 256B.0624, subdivision 7, is amended to read:


Subd. 7.

Crisis stabilization services.

(a) Crisis stabilization services must be
provided by qualified staff of a crisis stabilization services provider entity and must meet
the following standards:

(1) a crisis stabilization treatment plan must be developed which meets the criteria
in subdivision 11;

(2) staff must be qualified as defined in subdivision 8; and

(3) services must be delivered according to the treatment plan and include
face-to-face contact with the recipient by qualified staff for further assessment, help with
referrals, updating of the crisis stabilization treatment plan, supportive counseling, skills
training, and collaboration with other service providers in the community.

(b) If crisis stabilization services are provided in a supervised, licensed residential
setting, the recipient must be contacted face-to-face daily by a qualified mental health
practitioner or mental health professional. The program must have 24-hour-a-day
residential staffing which may include staff who do not meet the qualifications in
subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone
access to a qualified mental health professional or practitioner.

(c) If crisis stabilization services are provided in a supervised, licensed residential
setting that serves no more than four adult residents, and deleted text beginno more than two are recipients
of crisis stabilization services
deleted text endnew text begin one or more individuals are present at the setting to receive
residential crisis stabilization services
new text end, the residential staff must include, for at least eight
hours per day, at least one individual who meets the qualifications in subdivision 8new text begin,
paragraph (a), clause (1) or (2)
new text end.

(d) If crisis stabilization services are provided in a supervised, licensed residential
setting that serves more than four adult residents, and one or more are recipients of crisis
stabilization services, the residential staff must include, for 24 hours a day, at least one
individual who meets the qualifications in subdivision 8. During the first 48 hours that a
recipient is in the residential program, the residential program must have at least two staff
working 24 hours a day. Staffing levels may be adjusted thereafter according to the needs
of the recipient as specified in the crisis stabilization treatment plan.

Sec. 16.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 45a. new text end

new text begin Psychiatric residential treatment facility services for persons under
21 years of age.
new text end

new text begin (a) Medical assistance covers psychiatric residential treatment facility
services for persons under 21 years of age. Individuals who reach age 21 at the time they
are receiving services are eligible to continue receiving services until they no longer
require services or until they reach age 22, whichever occurs first.
new text end

new text begin (b) For purposes of this subdivision, "psychiatric residential treatment facility"
means a facility other than a hospital that provides psychiatric services, as described in
Code of Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under
age 21 in an inpatient setting.
new text end

new text begin (c) The commissioner shall develop admissions and discharge procedures and
establish rates consistent with guidelines from the federal Centers for Medicare and
Medicaid Services.
new text end

new text begin (d) The commissioner shall enroll up to 150 certified psychiatric residential
treatment facility services beds at up to six sites. The commissioner shall select psychiatric
residential treatment facility services providers through a request for proposals process.
Providers of state-operated services may respond to the request for proposals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, 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. new text beginRATE-SETTING METHODOLOGY FOR COMMUNITY-BASED
MENTAL HEALTH SERVICES.
new text end

new text begin The commissioner of human services shall conduct a comprehensive analysis
of the current rate-setting methodology for all community-based mental health
services for children and adults. The report shall include an assessment of alternative
payment structures, consistent with the intent and direction of the federal Centers for
Medicare and Medicaid Services, that could provide adequate reimbursement to sustain
community-based mental health services regardless of geographic location. The report
shall also include recommendations for establishing pay-for-performance measures for
providers delivering services consistent with evidence-based practices. In developing the
report, the commissioner shall consult with stakeholders and with outside experts in
Medicaid financing. The commissioner shall provide a report on the analysis to the chairs
of the legislative committees with jurisdiction over health and human services finance
by January 1, 2017.
new text end

Sec. 18. new text beginEXCELLENCE IN MENTAL HEALTH DEMONSTRATION PROJECT.
new text end

new text begin By January 15, 2016, the commissioner of human services shall report to the
legislative committees in the house of representatives and senate with jurisdiction over
human services issues on the progress of the Excellence in Mental Health demonstration
project under Minnesota Statutes, section 245.735. The commissioner shall include in
the report any recommendations for legislative changes needed to implement the reform
projects specified in Minnesota Statutes, section 245.735, subdivision 4.
new text end

ARTICLE 3

WITHDRAWAL MANAGEMENT PROGRAMS

Section 1.

new text begin [245F.01] PURPOSE.
new text end

new text begin It is hereby declared to be the public policy of this state that the public interest is best
served by providing efficient and effective withdrawal management services to persons
in need of appropriate detoxification, assessment, intervention, and referral services.
The services shall vary to address the unique medical needs of each patient and shall be
responsive to the language and cultural needs of each patient. Services shall not be denied
on the basis of a patient's inability to pay.
new text end

Sec. 2.

new text begin [245F.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in this chapter have the meanings given
them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Administration of medications. new text end

new text begin "Administration of medications" means
performing a task to provide medications to a patient, and includes the following tasks
performed in the following order:
new text end

new text begin (1) checking the patient's medication record;
new text end

new text begin (2) preparing the medication for administration;
new text end

new text begin (3) administering the medication to the patient;
new text end

new text begin (4) documenting administration of the medication or the reason for not administering
the medication as prescribed; and
new text end

new text begin (5) reporting information to a licensed practitioner or a registered nurse regarding
problems with the administration of the medication or the patient's refusal to take the
medication.
new text end

new text begin Subd. 3. new text end

new text begin Alcohol and drug counselor. new text end

new text begin "Alcohol and drug counselor" means an
individual qualified under Minnesota Rules, part 9530.6450, subpart 5.
new text end

new text begin Subd. 4. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual, partnership, voluntary
association, corporation, or other public or private organization that submits an application
for licensure under this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Care coordination. new text end

new text begin "Care coordination" means activities intended to bring
together health services, patient needs, and streams of information to facilitate the aims
of care. Care coordination includes an ongoing needs assessment, life skills advocacy,
treatment follow-up, disease management, education, and other services as needed.
new text end

new text begin Subd. 6. new text end

new text begin Chemical. new text end

new text begin "Chemical" means alcohol, solvents, controlled substances as
defined in section 152.01, subdivision 4, and other mood-altering substances.
new text end

new text begin Subd. 7. new text end

new text begin Clinically managed program. new text end

new text begin "Clinically managed program" means a
residential setting with staff comprised of a medical director and a licensed practical nurse.
A licensed practical nurse must be on site 24 hours a day, seven days a week. A qualified
medical professional must be available by telephone or in person for consultation 24 hours
a day. Patients admitted to this level of service receive medical observation, evaluation,
and stabilization services during the detoxification process; access to medications
administered by trained, licensed staff to manage withdrawal; and a comprehensive
assessment pursuant to Minnesota Rules, part 9530.6422.
new text end

new text begin Subd. 8. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or the commissioner's designated representative.
new text end

new text begin Subd. 9. 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 Subd. 10. new text end

new text begin Direct patient contact. new text end

new text begin "Direct patient contact" has the meaning given
for "direct contact" in section 245C.02, subdivision 11.
new text end

new text begin Subd. 11. new text end

new text begin Discharge plan. new text end

new text begin "Discharge plan" means a written plan that states with
specificity the services the program has arranged for the patient to transition back into
the community.
new text end

new text begin Subd. 12. new text end

new text begin Licensed practitioner. new text end

new text begin "Licensed practitioner" means a practitioner as
defined in section 151.01, subdivision 23, who is authorized to prescribe.
new text end

new text begin Subd. 13. new text end

new text begin Medical director. new text end

new text begin "Medical director" means an individual licensed in
Minnesota as a doctor of osteopathy or physician, or an individual licensed in Minnesota
as an advanced practice registered nurse by the Board of Nursing and certified to practice
as a clinical nurse specialist or nurse practitioner by a national nurse organization
acceptable to the board. The medical director must be employed by or under contract with
the license holder to direct and supervise health care for patients of a program licensed
under this chapter.
new text end

new text begin Subd. 14. new text end

new text begin Medically monitored program. new text end

new text begin "Medically monitored program" means
a residential setting with staff that includes a registered nurse and a medical director. A
registered nurse must be on site 24 hours a day. A medical director must be on site seven
days a week, and patients must have the ability to be seen by a medical director within 24
hours. Patients admitted to this level of service receive medical observation, evaluation,
and stabilization services during the detoxification process; medications administered by
trained, licensed staff to manage withdrawal; and a comprehensive assessment pursuant to
Minnesota Rules, part 9530.6422.
new text end

new text begin Subd. 15. new text end

new text begin Nurse. new text end

new text begin "Nurse" means a person licensed and currently registered to
practice practical or professional nursing as defined in section 148.171, subdivisions
14 and 15.
new text end

new text begin Subd. 16. new text end

new text begin Patient. new text end

new text begin "Patient" means an individual who presents or is presented for
admission to a withdrawal management program that meets the criteria in section 245F.05.
new text end

new text begin Subd. 17. new text end

new text begin Peer recovery support services. new text end

new text begin "Peer recovery support services"
means mentoring and education, advocacy, and nonclinical recovery support provided
by a recovery peer.
new text end

new text begin Subd. 18. new text end

new text begin Program director. new text end

new text begin "Program director" means the individual who is
designated by the license holder to be responsible for all operations of a withdrawal
management program and who meets the qualifications specified in section 245F.15,
subdivision 3.
new text end

new text begin Subd. 19. new text end

new text begin Protective procedure. new text end

new text begin "Protective procedure" means an action taken by a
staff member of a withdrawal management program to protect a patient from imminent
danger of harming self or others. Protective procedures include the following actions:
new text end

new text begin (1) seclusion, which means the temporary placement of a patient, without the
patient's consent, in an environment to prevent social contact; and
new text end

new text begin (2) physical restraint, which means the restraint of a patient by use of physical holds
intended to limit movement of the body.
new text end

new text begin Subd. 20. new text end

new text begin Qualified medical professional. new text end

new text begin "Qualified medical professional"
means an individual licensed in Minnesota as a doctor of osteopathy or physician, or an
individual licensed in Minnesota as an advanced practice registered nurse by the Board of
Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a
national nurse organization acceptable to the board.
new text end

new text begin Subd. 21. new text end

new text begin Recovery peer. new text end

new text begin "Recovery peer" means a person who has progressed in
the person's own recovery from substance use disorder and is willing to serve as a peer
to assist others in their recovery.
new text end

new text begin Subd. 22. new text end

new text begin Responsible staff person. new text end

new text begin "Responsible staff person" means the program
director, the medical director, or a staff person with current licensure as a nurse in
Minnesota. The responsible staff person must be on the premises and is authorized to
make immediate decisions concerning patient care and safety.
new text end

new text begin Subd. 23. new text end

new text begin Substance. new text end

new text begin "Substance" means "chemical" as defined in subdivision 6.
new text end

new text begin Subd. 24. new text end

new text begin Substance use disorder. new text end

new text begin "Substance use disorder" means a pattern of
substance use as defined in the current edition of the Diagnostic and Statistical Manual of
Mental Disorders.
new text end

new text begin Subd. 25. new text end

new text begin Technician. new text end

new text begin "Technician" means a person who meets the qualifications in
section 245F.15, subdivision 6.
new text end

new text begin Subd. 26. new text end

new text begin Withdrawal management program. new text end

new text begin "Withdrawal management
program" means a licensed program that provides short-term medical services on
a 24-hour basis for the purpose of stabilizing intoxicated patients, managing their
withdrawal, and facilitating access to substance use disorder treatment as indicated by a
comprehensive assessment.
new text end

Sec. 3.

new text begin [245F.03] APPLICATION.
new text end

new text begin (a) This chapter establishes minimum standards for withdrawal management
programs licensed by the commissioner that serve one or more unrelated persons.
new text end

new text begin (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.
new text end

Sec. 4.

new text begin [245F.04] PROGRAM LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General application and license requirements. new text end

new text begin An applicant
for licensure as a clinically managed withdrawal management program or medically
monitored withdrawal management program must meet the following requirements,
except where otherwise noted. All programs must comply with federal requirements and
the general requirements in chapters 245A and 245C and sections 626.556, 626.557, and
626.5572. A withdrawal management program must be located in a hospital licensed under
sections 144.50 to 144.581, or must be a supervised living facility with a class B license
from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.
new text end

new text begin Subd. 2. new text end

new text begin Contents of application. new text end

new text begin Prior to the issuance of a license, an applicant
must submit, on forms provided by the commissioner, documentation demonstrating
the following:
new text end

new text begin (1) compliance with this section;
new text end

new text begin (2) compliance with applicable building, fire, and safety codes; health rules; zoning
ordinances; and other applicable rules and regulations or documentation that a waiver
has been granted. The granting of a waiver does not constitute modification of any
requirement of this section;
new text end

new text begin (3) completion of an assessment of need for a new or expanded program as required
by Minnesota Rules, part 9530.6800; and
new text end

new text begin (4) insurance coverage, including bonding, sufficient to cover all patient funds,
property, and interests.
new text end

new text begin Subd. 3. new text end

new text begin Changes in license terms. new text end

new text begin (a) A license holder must notify the
commissioner before one of the following occurs and the commissioner must determine
the need for a new license:
new text end

new text begin (1) a change in the Department of Health's licensure of the program;
new text end

new text begin (2) a change in the medical services provided by the program that affects the
program's capacity to provide services required by the program's license designation as a
clinically managed program or medically monitored program;
new text end

new text begin (3) a change in program capacity; or
new text end

new text begin (4) a change in location.
new text end

new text begin (b) A license holder must notify the commissioner and apply for a new license
when a change in program ownership occurs.
new text end

new text begin Subd. 4. new text end

new text begin Variances. new text end

new text begin The commissioner may grant variances to the requirements of
this chapter under section 245A.04, subdivision 9.
new text end

Sec. 5.

new text begin [245F.05] ADMISSION AND DISCHARGE POLICIES.
new text end

new text begin Subdivision 1. new text end

new text begin Admission policy. new text end

new text begin A license holder must have a written admission
policy containing specific admission criteria. The policy must describe the admission
process and the point at which an individual who is eligible under subdivision 2 is
admitted to the program. A license holder must not admit individuals who do not meet the
admission criteria. The admission policy must be approved and signed by the medical
director of the facility and must designate which staff members are authorized to admit
and discharge patients. The admission policy must be posted in the area of the facility
where patients are admitted and given to all interested individuals upon request.
new text end

new text begin Subd. 2. new text end

new text begin Admission criteria. new text end

new text begin For an individual to be admitted to a withdrawal
management program, the program must make a determination that the program services
are appropriate to the needs of the individual. A program may only admit individuals who
meet the admission criteria and who, at the time of admission:
new text end

new text begin (1) are impaired as the result of intoxication;
new text end

new text begin (2) are experiencing physical, mental, or emotional problems due to intoxication or
withdrawal from alcohol or other drugs;
new text end

new text begin (3) are being held under apprehend and hold orders under section 253B.07,
subdivision 2b;
new text end

new text begin (4) have been committed under chapter 253B, and need temporary placement;
new text end

new text begin (5) are held under emergency holds or peace and health officer holds under section
253B.05, subdivision 1 or 2; or
new text end

new text begin (6) need to stay temporarily in a protective environment because of a crisis related
to substance use disorder. Individuals satisfying this clause may be admitted only at the
request of the county of fiscal responsibility, as determined according to section 256G.02,
subdivision 4. Individuals admitted according to this clause must not be restricted to
the facility.
new text end

new text begin Subd. 3. new text end

new text begin Individuals denied admission by program. new text end

new text begin (a) A license holder must
have a written policy and procedure for addressing the needs of individuals who are
denied admission to the program. These individuals include:
new text end

new text begin (1) individuals whose pregnancy, in combination with their presenting problem,
requires services not provided by the program; and
new text end

new text begin (2) individuals who are in imminent danger of harming self or others if their
behavior is beyond the behavior management capabilities of the program and staff.
new text end

new text begin (b) Programs must document denied admissions, including the date and time of
the admission request, reason for the denial of admission, and where the individual was
referred. If the individual did not receive a referral, the program must document why a
referral was not made. This information must be documented on a form approved by the
commissioner and made available to the commissioner upon request.
new text end

new text begin Subd. 4. new text end

new text begin License holder responsibilities; denying admission or terminating
services.
new text end

new text begin (a) If a license holder denies an individual admission to the program or
terminates services to a patient and the denial or termination poses an immediate threat to
the patient's or individual's health or requires immediate medical intervention, the license
holder must refer the patient or individual to a medical facility capable of admitting the
patient or individual.
new text end

new text begin (b) A license holder must report to a law enforcement agency with proper jurisdiction
all denials of admission and terminations of services that involve the commission of a crime
against a staff member of the license holder or on the license holder's property, as provided
in Code of Federal Regulations, title 42, section 2.12(c)(5), and title 45, parts 160 to 164.
new text end

new text begin Subd. 5. new text end

new text begin Discharge and transfer policies. new text end

new text begin A license holder must have a written
policy and procedure, approved and signed by the medical director, that specifies
conditions under which patients may be discharged or transferred. The policy must
include the following:
new text end

new text begin (1) guidelines for determining when a patient is medically stable and whether a
patient is able to be discharged or transferred to a lower level of care;
new text end

new text begin (2) guidelines for determining when a patient needs a transfer to a higher level of care.
Clinically managed program guidelines must include guidelines for transfer to a medically
monitored program, hospital, or other acute care facility. Medically monitored program
guidelines must include guidelines for transfer to a hospital or other acute care facility;
new text end

new text begin (3) procedures staff must follow when discharging a patient under each of the
following circumstances:
new text end

new text begin (i) the patient is involved in the commission of a crime against program staff or
against a license holder's property. The procedures for a patient discharged under this
item must specify how reports must be made to law enforcement agencies with proper
jurisdiction as allowed under Code of Federal Regulations, title 42, section 2.12(c)(5), and
title 45, parts 160 to 164;
new text end

new text begin (ii) the patient is in imminent danger of harming self or others and is beyond the
license holder's capacity to ensure safety;
new text end

new text begin (iii) the patient was admitted under chapter 253B; or
new text end

new text begin (iv) the patient is leaving against staff or medical advice; and
new text end

new text begin (4) a requirement that staff must document where the patient was referred after
discharge or transfer, and if a referral was not made, the reason the patient was not
provided a referral.
new text end

Sec. 6.

new text begin [245F.06] SCREENING AND COMPREHENSIVE ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Screening for substance use disorder. new text end

new text begin A nurse or an alcohol
and drug counselor must screen each patient upon admission to determine whether a
comprehensive assessment is indicated. The license holder must screen patients at
each admission, except that if the patient has already been determined to suffer from a
substance use disorder, subdivision 2 applies.
new text end

new text begin Subd. 2. new text end

new text begin Comprehensive assessment. new text end

new text begin (a) Prior to a medically stable discharge,
but not later than 72 hours following admission, a license holder must provide a
comprehensive assessment according to section 245.4863, paragraph (a), and Minnesota
Rules, part 9530.6422, for each patient who has a positive screening for a substance use
disorder. If a patient's medical condition prevents a comprehensive assessment from
being completed within 72 hours, the license holder must document why the assessment
was not completed. The comprehensive assessment must include documentation of the
appropriateness of an involuntary referral through the civil commitment process.
new text end

new text begin (b) If available to the program, a patient's previous comprehensive assessment may
be used in the patient record. If a previously completed comprehensive assessment is used,
its contents must be reviewed to ensure the assessment is accurate and current and complies
with the requirements of this chapter. The review must be completed by a staff person
qualified according to Minnesota Rules, part 9530.6450, subpart 5. The license holder must
document that the review was completed and that the previously completed assessment is
accurate and current, or the license holder must complete an updated or new assessment.
new text end

Sec. 7.

new text begin [245F.07] STABILIZATION PLANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Stabilization plan. new text end

new text begin Within 12 hours of admission, a license
holder must develop an individualized stabilization plan for each patient accepted for
stabilization services. The plan must be based on the patient's initial health assessment
and continually updated based on new information gathered about the patient's condition
from the comprehensive assessment, medical evaluation and consultation, and ongoing
monitoring and observations of the patient. The patient must have an opportunity to have
direct involvement in the development of the plan. The stabilization plan must:
new text end

new text begin (1) identify medical needs and goals to be achieved while the patient is receiving
services;
new text end

new text begin (2) specify stabilization services to address the identified medical needs and goals,
including amount and frequency of services;
new text end

new text begin (3) specify the participation of others in the stabilization planning process and
specific services where appropriated; and
new text end

new text begin (4) document the patient's participation in developing the content of the stabilization
plan and any updates.
new text end

new text begin Subd. 2. new text end

new text begin Progress notes. new text end

new text begin Progress notes must be entered in the patient's file at least
daily and immediately following any significant event, including any change that impacts
the medical, behavioral, or legal status of the patient. Progress notes must:
new text end

new text begin (1) include documentation of the patient's involvement in the stabilization services,
including the type and amount of each stabilization service;
new text end

new text begin (2) include the monitoring and observations of the patient's medical needs;
new text end

new text begin (3) include documentation of referrals made to other services or agencies;
new text end

new text begin (4) specify the participation of others; and
new text end

new text begin (5) be legible, signed, and dated by the staff person completing the documentation.
new text end

new text begin Subd. 3. new text end

new text begin Discharge plan. new text end

new text begin Before a patient leaves the facility, the license holder
must conduct discharge planning for the patient, document discharge planning in the
patient's record, and provide the patient with a copy of the discharge plan. The discharge
plan must include:
new text end

new text begin (1) referrals made to other services or agencies at the time of transition;
new text end

new text begin (2) the patient's plan for follow-up, aftercare, or other poststabilization services;
new text end

new text begin (3) documentation of the patient's participation in the development of the transition
plan;
new text end

new text begin (4) any service that will continue after discharge under the direction of the license
holder; and
new text end

new text begin (5) a stabilization summary and final evaluation of the patient's progress toward
treatment objectives.
new text end

Sec. 8.

new text begin [245F.08] STABILIZATION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The license holder must encourage patients to remain in
care for an appropriate duration as determined by the patient's stabilization plan, and must
encourage all patients to enter programs for ongoing recovery as clinically indicated. In
addition, the license holder must offer services that are patient-centered, trauma-informed,
and culturally appropriate. Culturally appropriate services must include translation services
and dietary services that meet a patient's dietary needs. All services provided to the patient
must be documented in the patient's medical record. The following services must be
offered unless clinically inappropriate and the justifying clinical rational is documented:
new text end

new text begin (1) individual or group motivational counseling sessions;
new text end

new text begin (2) individual advocacy and case management services;
new text end

new text begin (3) medical services as required in section 245F.12;
new text end

new text begin (4) care coordination provided according to subdivision 2;
new text end

new text begin (5) peer recovery support services provided according to subdivision 3;
new text end

new text begin (6) patient education provided according to subdivision 4; and
new text end

new text begin (7) referrals to mutual aid, self-help, and support groups.
new text end

new text begin Subd. 2. new text end

new text begin Care coordination. new text end

new text begin Care coordination services must be initiated for each
patient upon admission. The license holder must identify the staff person responsible for
the provision of each service. Care coordination services must include:
new text end

new text begin (1) coordination with significant others to assist in the stabilization planning process
whenever possible;
new text end

new text begin (2) coordination with and follow-up to appropriate medical services as identified by
the nurse or licensed practitioner;
new text end

new text begin (3) referral to substance use disorder services as indicated by the comprehensive
assessment;
new text end

new text begin (4) referral to mental health services as identified in the comprehensive assessment;
new text end

new text begin (5) referrals to economic assistance, social services, and prenatal care in accordance
with the patient's needs;
new text end

new text begin (6) review and approval of the transition plan prior to discharge, except in an
emergency, by a staff member able to provide direct patient contact;
new text end

new text begin (7) documentation of the provision of care coordination services in the patient's
file; and
new text end

new text begin (8) addressing cultural and socioeconomic factors affecting the patient's access to
services.
new text end

new text begin Subd. 3. new text end

new text begin Peer recovery support services. new text end

new text begin (a) Peers in recovery serve as mentors or
recovery-support partners for individuals in recovery, and may provide encouragement,
self-disclosure of recovery experiences, transportation to appointments, assistance with
finding resources that will help locate housing, job search resources, and assistance finding
and participating in support groups.
new text end

new text begin (b) Peer recovery support services are provided by a recovery peer and must be
supervised by the responsible staff person.
new text end

new text begin Subd. 4. new text end

new text begin Patient education. new text end

new text begin A license holder must provide education to each
patient on the following:
new text end

new text begin (1) substance use disorder, including the effects of alcohol and other drugs, specific
information about the effects of substance use on unborn children, and the signs and
symptoms of fetal alcohol spectrum disorders;
new text end

new text begin (2) tuberculosis and reporting known cases of tuberculosis disease to health care
authorities according to section 144.4804;
new text end

new text begin (3) Hepatitis C treatment and prevention;
new text end

new text begin (4) HIV as required in section 245A.19, paragraphs (b) and (c);
new text end

new text begin (5) nicotine cessation options, if applicable;
new text end

new text begin (6) opioid tolerance and overdose risks, if applicable; and
new text end

new text begin (7) long-term withdrawal issues related to use of barbiturates and benzodiazepines,
if applicable.
new text end

new text begin Subd. 5. new text end

new text begin Mutual aid, self-help, and support groups. new text end

new text begin The license holder must
refer patients to mutual aid, self-help, and support groups when clinically indicated and
to the extent available in the community.
new text end

Sec. 9.

new text begin [245F.09] PROTECTIVE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Use of protective procedures. new text end

new text begin (a) Programs must incorporate
person-centered planning and trauma-informed care into its protective procedure policies.
Protective procedures may be used only in cases where a less restrictive alternative will
not protect the patient or others from harm and when the patient is in imminent danger
of harming self or others. When a program uses a protective procedure, the program
must continuously observe the patient until the patient may safely be left for 15-minute
intervals. Use of the procedure must end when the patient is no longer in imminent danger
of harming self or others.
new text end

new text begin (b) Protective procedures may not be used:
new text end

new text begin (1) for disciplinary purposes;
new text end

new text begin (2) to enforce program rules;
new text end

new text begin (3) for the convenience of staff;
new text end

new text begin (4) as a part of any patient's health monitoring plan; or
new text end

new text begin (5) for any reason except in response to specific, current behaviors which create an
imminent danger of harm to the patient or others.
new text end

new text begin Subd. 2. new text end

new text begin Protective procedures plan. new text end

new text begin A license holder must have a written policy
and procedure that establishes the protective procedures that program staff must follow
when a patient is in imminent danger of harming self or others. The policy must be
appropriate to the type of facility and the level of staff training. The protective procedures
policy must include:
new text end

new text begin (1) an approval signed and dated by the program director and medical director prior
to implementation. Any changes to the policy must also be approved, signed, and dated by
the current program director and the medical director prior to implementation;
new text end

new text begin (2) which protective procedures the license holder will use to prevent patients from
imminent danger of harming self or others;
new text end

new text begin (3) the emergency conditions under which the protective procedures are permitted
to be used, if any;
new text end

new text begin (4) the patient's health conditions that limit the specific procedures that may be used
and alternative means of ensuring safety;
new text end

new text begin (5) emergency resources the program staff must contact when a patient's behavior
cannot be controlled by the procedures established in the policy;
new text end

new text begin (6) the training that staff must have before using any protective procedure;
new text end

new text begin (7) documentation of approved therapeutic holds;
new text end

new text begin (8) the use of law enforcement personnel as described in subdivision 4;
new text end

new text begin (9) standards governing emergency use of seclusion. Seclusion must be used only
when less restrictive measures are ineffective or not feasible. The standards in items (i) to
(vii) must be met when seclusion is used with a patient:
new text end

new text begin (i) seclusion must be employed solely for the purpose of preventing a patient from
imminent danger of harming self or others;
new text end

new text begin (ii) seclusion rooms must be equipped in a manner that prevents patients from
self-harm using projections, windows, electrical fixtures, or hard objects, and must allow
the patient to be readily observed without being interrupted;
new text end

new text begin (iii) seclusion must be authorized by the program director, a licensed physician, or
a registered nurse. If one of these individuals is not present in the facility, the program
director or a licensed physician or registered nurse must be contacted and authorization
must be obtained within 30 minutes of initiating seclusion, according to written policies;
new text end

new text begin (iv) patients must not be placed in seclusion for more than 12 hours at any one time;
new text end

new text begin (v) once the condition of a patient in seclusion has been determined to be safe
enough to end continuous observation, a patient in seclusion must be observed at a
minimum of every 15 minutes for the duration of seclusion and must always be within
hearing range of program staff;
new text end

new text begin (vi) a process for program staff to use to remove a patient to other resources available
to the facility if seclusion does not sufficiently assure patient safety; and
new text end

new text begin (vii) a seclusion area may be used for other purposes, such as intensive observation, if
the room meets normal standards of care for the purpose and if the room is not locked; and
new text end

new text begin (10) physical holds may only be used when less restrictive measures are not feasible.
The standards in items (i) to (iv) must be met when physical holds are used with a patient:
new text end

new text begin (i) physical holds must be employed solely for preventing a patient from imminent
danger of harming self or others;
new text end

new text begin (ii) physical holds must be authorized by the program director, a licensed physician,
or a registered nurse. If one of these individuals is not present in the facility, the program
director or a licensed physician or a registered nurse must be contacted and authorization
must be obtained within 30 minutes of initiating a physical hold, according to written
policies;
new text end

new text begin (iii) the patient's health concerns must be considered in deciding whether to use
physical holds and which holds are appropriate for the patient; and
new text end

new text begin (iv) only approved holds may be utilized. Prone holds are not allowed and must
not be authorized.
new text end

new text begin Subd. 3. new text end

new text begin Records. new text end

new text begin Each use of a protective procedure must be documented in the
patient record. The patient record must include:
new text end

new text begin (1) a description of specific patient behavior precipitating a decision to use a
protective procedure, including date, time, and program staff present;
new text end

new text begin (2) the specific means used to limit the patient's behavior;
new text end

new text begin (3) the time the protective procedure began, the time the protective procedure ended,
and the time of each staff observation of the patient during the procedure;
new text end

new text begin (4) the names of the program staff authorizing the use of the protective procedure,
the time of the authorization, and the program staff directly involved in the protective
procedure and the observation process;
new text end

new text begin (5) a brief description of the purpose for using the protective procedure, including
less restrictive interventions used prior to the decision to use the protective procedure
and a description of the behavioral results obtained through the use of the procedure. If
a less restrictive intervention was not used, the reasons for not using a less restrictive
intervention must be documented;
new text end

new text begin (6) documentation by the responsible staff person on duty of reassessment of the
patient at least every 15 minutes to determine if seclusion or the physical hold can be
terminated;
new text end

new text begin (7) a description of the physical holds used in escorting a patient; and
new text end

new text begin (8) any injury to the patient that occurred during the use of a protective procedure.
new text end

new text begin Subd. 4. new text end

new text begin Use of law enforcement. new text end

new text begin The program must maintain a central log
documenting each incident involving use of law enforcement, including:
new text end

new text begin (1) the date and time law enforcement arrived at and left the program;
new text end

new text begin (2) the reason for the use of law enforcement;
new text end

new text begin (3) if law enforcement used force or a protective procedure and which protective
procedure was used; and
new text end

new text begin (4) whether any injuries occurred.
new text end

new text begin Subd. 5. new text end

new text begin Administrative review. new text end

new text begin (a) The license holder must keep a record of all
patient incidents and protective procedures used. An administrative review of each use
of protective procedures must be completed within 72 hours by someone other than the
person who used the protective procedure. The record of the administrative review of the
use of protective procedures must state whether:
new text end

new text begin (1) the required documentation was recorded for each use of a protective procedure;
new text end

new text begin (2) the protective procedure was used according to the policy and procedures;
new text end

new text begin (3) the staff who implemented the protective procedure was properly trained; and
new text end

new text begin (4) the behavior met the standards for imminent danger of harming self or others.
new text end

new text begin (b) The license holder must conduct and document a quarterly review of the use of
protective procedures with the goal of reducing the use of protective procedures. The
review must include:
new text end

new text begin (1) any patterns or problems indicated by similarities in the time of day, day of the
week, duration of the use of a protective procedure, individuals involved, or other factors
associated with the use of protective procedures;
new text end

new text begin (2) any injuries resulting from the use of protective procedures;
new text end

new text begin (3) whether law enforcement was involved in the use of a protective procedure;
new text end

new text begin (4) actions needed to correct deficiencies in the program's implementation of
protective procedures;
new text end

new text begin (5) an assessment of opportunities missed to avoid the use of protective procedures;
and
new text end

new text begin (6) proposed actions to be taken to minimize the use of protective procedures.
new text end

Sec. 10.

new text begin [245F.10] PATIENT RIGHTS AND GRIEVANCE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Patient rights. new text end

new text begin Patients have the rights in sections 144.651,
148F.165, and 253B.03, as applicable. The license holder must give each patient, upon
admission, a written statement of patient rights. Program staff must review the statement
with the patient.
new text end

new text begin Subd. 2. new text end

new text begin Grievance procedure. new text end

new text begin Upon admission, the license holder must explain
the grievance procedure to the patient or patient's representative and give the patient a
written copy of the procedure. The grievance procedure must be posted in a place visible
to the patient and must be made available to current and former patients upon request. A
license holder's written grievance procedure must include:
new text end

new text begin (1) staff assistance in developing and processing the grievance;
new text end

new text begin (2) an initial response to the patient who filed the grievance within 24 hours of the
program's receipt of the grievance, and timelines for additional steps to be taken to resolve
the grievance, including access to the person with the highest level of authority in the
program if the grievance cannot be resolved by other staff members; and
new text end

new text begin (3) the addresses and telephone numbers of the Department of Human Services
Licensing Division, Department of Health Office of Health Facilities Complaints, Board
of Behavioral Health and Therapy, Board of Medical Practice, Board of Nursing, and
Office of the Ombudsman for Mental Health and Developmental Disabilities.
new text end

Sec. 11.

new text begin [245F.11] PATIENT PROPERTY MANAGEMENT.
new text end

new text begin A license holder must meet the requirements for handling patient funds and property
in section 245A.04, subdivision 14, except:
new text end

new text begin (1) a license holder must establish policies regarding the use of personal property to
assure that program activities and the rights of other patients are not infringed, and may
take temporary custody of personal property if these policies are violated;
new text end

new text begin (2) a license holder must retain the patient's property for a minimum of seven days
after discharge if the patient does not reclaim the property after discharge; and
new text end

new text begin (3) the license holder must return to the patient all of the patient's property held in
trust at discharge, regardless of discharge status, except that:
new text end

new text begin (i) drugs, drug paraphernalia, and drug containers that are subject to forfeiture under
section 609.5316 must be given over to the custody of a local law enforcement agency or,
if giving the property over to the custody of a local law enforcement agency would violate
Code of Federal Regulations, title 42, sections 2.1 to 2.67, and title 45, parts 160 to 164,
destroyed by a staff person designated by the program director; and
new text end

new text begin (ii) weapons, explosives, and other property that may cause serious harm to self
or others must be transferred to a local law enforcement agency. The patient must be
notified of the transfer and the right to reclaim the property if the patient has a legal right
to possess the item.
new text end

Sec. 12.

new text begin [245F.12] MEDICAL SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Services provided at all programs. new text end

new text begin Withdrawal management
programs must have:
new text end

new text begin (1) a standardized data collection tool for collecting health-related information about
each patient. The data collection tool must be developed in collaboration with a registered
nurse and approved and signed by the medical director; and
new text end

new text begin (2) written procedures for a nurse to assess and monitor patient health within the
nurse's scope of practice. The procedures must:
new text end

new text begin (i) be approved by the medical director;
new text end

new text begin (ii) include a follow-up screening conducted between four and 12 hours after service
initiation to collect information relating to acute intoxication, other health complaints, and
behavioral risk factors that the patient may not have communicated at service initiation;
new text end

new text begin (iii) specify the physical signs and symptoms that, when present, require consultation
with a registered nurse or a physician and that require transfer to an acute care facility or
a higher level of care than that provided by the program;
new text end

new text begin (iv) specify those staff members responsible for monitoring patient health and
provide for hourly observation and for more frequent observation if the initial health
assessment or follow-up screening indicates a need for intensive physical or behavioral
health monitoring; and
new text end

new text begin (v) specify the actions to be taken to address specific complicating conditions,
including pregnancy or the presence of physical signs or symptoms of any other medical
condition.
new text end

new text begin Subd. 2. new text end

new text begin Services provided at clinically managed programs. new text end

new text begin In addition to the
services listed in subdivision 1, clinically managed programs must:
new text end

new text begin (1) have a licensed practical nurse on site 24 hours a day and a medical director;
new text end

new text begin (2) provide an initial health assessment conducted by a nurse upon admission;
new text end

new text begin (3) provide daily on-site medical evaluation and consultation with a registered
nurse and have a registered nurse available by telephone or in person for consultation
24 hours a day;
new text end

new text begin (4) have a qualified medical professionalavailable by telephone or in person for
consultation 24 hours a day; and
new text end

new text begin (5) have appropriately licensed staff available to administer medications according
to prescriber-approved orders.
new text end

new text begin Subd. 3. new text end

new text begin Services provided at medically monitored programs. new text end

new text begin In addition to the
services listed in subdivision 1, medically monitored programs must have a registered
nurse on site 24 hours a day and a medical director. Medically monitored programs must
provide intensive inpatient withdrawal management services which must include:
new text end

new text begin (1) an initial health assessment conducted by a registered nurse upon admission;
new text end

new text begin (2) the availability of a medical evaluation and consultation with a registered nurse
24 hours a day;
new text end

new text begin (3) the availabilityof a qualified medical professional by telephone or in person
for consultation 24 hours a day;
new text end

new text begin (4) the ability to be seen within 24 hours or sooner by a qualified medical
professional if the initial health assessment indicates the need to be seen;
new text end

new text begin (5) the availability of on-site monitoring of patient care seven days a week by a
qualified medical professional; and
new text end

new text begin (6) appropriately licensed staff available to administer medications according to
prescriber-approved orders.
new text end

Sec. 13.

new text begin [245F.13] MEDICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Administration of medications. new text end

new text begin A license holder must employ or
contract with a registered nurse to develop the policies and procedures for medication
administration. A registered nurse must provide supervision as defined in section 148.171,
subdivision 23, for the administration of medications. For clinically managed programs,
the registered nurse supervision must include on-site supervision at least monthly or more
often as warranted by the health needs of the patient. The medication administration
policies and procedures must include:
new text end

new text begin (1) a provision that patients may carry emergency medication such as nitroglycerin
as instructed by their prescriber;
new text end

new text begin (2) requirements for recording the patient's use of medication, including staff
signatures with date and time;
new text end

new text begin (3) guidelines regarding when to inform a licensed practitioner or a registered nurse
of problems with medication administration, including failure to administer, patient
refusal of a medication, adverse reactions, or errors; and
new text end

new text begin (4) procedures for acceptance, documentation, and implementation of prescriptions,
whether written, oral, telephonic, or electronic.
new text end

new text begin Subd. 2. new text end

new text begin Control of drugs. new text end

new text begin A license holder must have in place and implement
written policies and procedures relating to control of drugs. The policies and procedures
must be developed by a registered nurse and must contain the following provisions:
new text end

new text begin (1) a requirement that all drugs must be stored in a locked compartment. Schedule II
drugs, as defined in section 152.02, subdivision 3, must be stored in a separately locked
compartment that is permanently affixed to the physical plant or a medication cart;
new text end

new text begin (2) a system for accounting for all scheduled drugs each shift;
new text end

new text begin (3) a procedure for recording a patient's use of medication, including staff signatures
with time and date;
new text end

new text begin (4) a procedure for destruction of discontinued, outdated, or deteriorated medications;
new text end

new text begin (5) a statement that only authorized personnel are permitted to have access to the
keys to the locked drug compartments; and
new text end

new text begin (6) a statement that no legend drug supply for one patient may be given to another
patient.
new text end

Sec. 14.

new text begin [245F.14] STAFFING REQUIREMENTS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Program director. new text end

new text begin A license holder must employ or contract with a
person, on a full-time basis, to serve as program director. The program director must be
responsible for all aspects of the facility and the services delivered to the license holder's
patients. An individual may serve as program director for more than one program owned
by the same license holder.
new text end

new text begin Subd. 2. new text end

new text begin Responsible staff person. new text end

new text begin During all hours of operation, a license holder
must designate a staff member as the responsible staff person to be present and awake
in the facility and be responsible for the program. The responsible staff person must
have decision-making authority over the day-to-day operation of the program as well
as the authority to direct the activity of or terminate the shift of any staff member who
has direct patient contact.
new text end

new text begin Subd. 3. new text end

new text begin Technician required. new text end

new text begin A license holder must have one technician awake
and on duty at all times for every ten patients in the program. A license holder may assign
technicians according to the need for care of the patients, except that the same technician
must not be responsible for more than 15 patients at one time. For purposes of establishing
this ratio, all staff whose qualifications meet or exceed those for technicians under section
245F.15, subdivision 6, and who are performing the duties of a technician may be counted
as technicians. The same individual may not be counted as both a technician and an
alcohol and drug counselor.
new text end

new text begin Subd. 4. new text end

new text begin Registered nurse required. new text end

new text begin A license holder must employ or contract
with a registered nurse, who must be available 24 hours a day by telephone or in person
for consultation. The registered nurse is responsible for:
new text end

new text begin (1) establishing and implementing procedures for the provision of nursing care and
delegated medical care, including:
new text end

new text begin (i) a health monitoring plan;
new text end

new text begin (ii) a medication control plan;
new text end

new text begin (iii) training and competency evaluations for staff performing delegated medical and
nursing functions;
new text end

new text begin (iv) handling serious illness, accident, or injury to patients;
new text end

new text begin (v) an infection control program; and
new text end

new text begin (vi) a first aid kit;
new text end

new text begin (2) delegating nursing functions to other staff consistent with their education,
competence, and legal authorization;
new text end

new text begin (3) assigning, supervising, and evaluating the performance of nursing tasks; and
new text end

new text begin (4) implementing condition-specific protocols in compliance with section 151.37,
subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Medical director required. new text end

new text begin A license holder must have a medical director
available for medical supervision. The medical director is responsible for ensuring the
accurate and safe provision of all health-related services and procedures. A license
holder must obtain and document the medical director's annual approval of the following
procedures before the procedures may be used:
new text end

new text begin (1) admission, discharge, and transfer criteria and procedures;
new text end

new text begin (2) a health services plan;
new text end

new text begin (3) physical indicators for a referral to a physician, registered nurse, or hospital, and
procedures for referral;
new text end

new text begin (4) procedures to follow in case of accident, injury, or death of a patient;
new text end

new text begin (5) formulation of condition-specific protocols regarding the medications that
require a withdrawal regimen that will be administered to patients;
new text end

new text begin (6) an infection control program;
new text end

new text begin (7) protective procedures; and
new text end

new text begin (8) a medication control plan.
new text end

new text begin Subd. 6. new text end

new text begin Alcohol and drug counselor. new text end

new text begin A withdrawal management program must
provide one full-time equivalent alcohol and drug counselor for every 16 patients served
by the program.
new text end

new text begin Subd. 7. new text end

new text begin Ensuring staff-to-patient ratio. new text end

new text begin The responsible staff person under
subdivision 2 must ensure that the program does not exceed the staff-to-patient ratios in
subdivisions 3 and 6 and must inform admitting staff of the current staffed capacity of
the program for that shift. A license holder must have a written policy for documenting
staff-to-patient ratios for each shift and actions to take when staffed capacity is reached.
new text end

Sec. 15.

new text begin [245F.15] STAFF QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications for all staff who have direct patient contact. new text end

new text begin (a) All
staff who have direct patient contact must be at least 18 years of age and must, at the time
of hiring, document that they meet the requirements in paragraph (b), (c), or (d).
new text end

new 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.
new text end

new 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.
new text end

new 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.
new text end

new text begin Subd. 2. new text end

new text begin Continuing employment; no substance use problems. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Program director qualifications. new text end

new text begin A program director must:
new text end

new text begin (1) have at least one year of work experience in direct service to individuals
with substance use disorders or one year of work experience in the management or
administration of direct service to individuals with substance use disorders;
new text end

new text begin (2) have a baccalaureate degree or three years of work experience in administration
or personnel supervision in human services; and
new text end

new text begin (3) know and understand the requirements of this chapter and chapters 245A and
245C, and sections 253B.04, 253B.05, 626.556, 626.557, and 626.5572.
new text end

new text begin Subd. 4. new text end

new text begin Alcohol and drug counselor qualifications. new text end

new text begin An alcohol and drug
counselor must meet the requirements in Minnesota Rules, part 9530.6450, subpart 5.
new text end

new text begin Subd. 5. new text end

new text begin Responsible staff person qualifications. new text end

new text begin Each responsible staff person
must know and understand the requirements of this chapter and sections 245A.65,
253B.04, 253B.05, 626.556, 626.557, and 626.5572. In a clinically managed program, the
responsible staff person must be a licensed practiced nurse employed by or under contract
with the license holder. In a medically monitored program, the responsible staff person
must be a registered nurse, program director, or physician.
new text end

new text begin Subd. 6. new text end

new text begin Technician qualifications. new text end

new text begin A technician employed by a program must
demonstrate competency, prior to direct patient contact, in the following areas:
new text end

new text begin (1) knowledge of the client bill of rights in section 148F.165, and staff responsibilities
in sections 144.651 and 253B.03;
new text end

new text begin (2) knowledge of and the ability to perform basic health screening procedures with
intoxicated patients that consist of:
new text end

new text begin (i) blood pressure, pulse, temperature, and respiration readings;
new text end

new text begin (ii) interviewing to obtain relevant medical history and current health complaints; and
new text end

new text begin (iii) visual observation of a patient's health status, including monitoring a patient's
behavior as it relates to health status;
new text end

new text begin (3) a current first aid certificate from the American Red Cross or an equivalent
organization; a current cardiopulmonary resuscitation certificate from the American Red
Cross, the American Heart Association, a community organization, or an equivalent
organization; and knowledge of first aid for seizures, trauma, and loss of consciousness; and
new text end

new text begin (4) knowledge of and ability to perform basic activities of daily living and personal
hygiene.
new text end

new text begin Subd. 7. new text end

new text begin Recovering peer qualifications. new text end

new text begin Recovery peers must:
new text end

new text begin (1) be at least 21 years of age and have a high school diploma or its equivalent;
new text end

new text begin (2) have a minimum of one year in recovery from substance use disorder;
new text end

new text begin (3) have completed a curriculum designated by the commissioner that teaches
specific skills and training in the domains of ethics and boundaries, advocacy, mentoring
and education, and recovery and wellness support; and
new text end

new text begin (4) receive supervision in areas specific to the domains of their role by qualified
supervisory staff.
new text end

new text begin Subd. 8. new text end

new text begin Personal relationships. new text end

new text begin A license holder must have a written policy
addressing personal relationships between patients and staff who have direct patient
contact. The policy must:
new text end

new text begin (1) prohibit direct patient contact between a patient and a staff member if the staff
member has had a personal relationship with the patient within two years prior to the
patient's admission to the program;
new text end

new text begin (2) prohibit access to a patient's clinical records by a staff member who has had a
personal relationship with the patient within two years prior to the patient's admission,
unless the patient consents in writing; and
new text end

new text begin (3) prohibit a clinical relationship between a staff member and a patient if the staff
member has had a personal relationship with the patient within two years prior to the
patient's admission. If a personal relationship exists, the staff member must report the
relationship to the staff member's supervisor and recuse the staff member from a clinical
relationship with that patient.
new text end

Sec. 16.

new text begin [245F.16] PERSONNEL POLICIES AND PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Policy requirements. new text end

new text begin A license holder must have written personnel
policies and must make them available to staff members at all times. The personnel
policies must:
new text end

new text begin (1) ensure that 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;
new text end

new text begin (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;
new text end

new text begin (3) provide for written job performance evaluations for staff members of the license
holder at least annually;
new text end

new text begin (4) describe behavior that constitutes grounds for disciplinary action, suspension, or
dismissal, 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:
new text end

new text begin (i) receiving treatment for substance use disorder within the period specified for the
position in the staff qualification requirements;
new text end

new text begin (ii) substance use that has a negative impact on the staff member's job performance;
new text end

new text begin (iii) substance use that affects the credibility of treatment services with patients,
referral sources, or other members of the community; and
new text end

new text begin (iv) symptoms of intoxication or withdrawal on the job;
new text end

new text begin (5) include policies prohibiting personal involvement with patients and policies
prohibiting patient maltreatment as specified under chapter 604 and sections 245A.65,
626.556, 626.557, and 626.5572;
new text end

new text begin (6) include a chart or description of organizational structure indicating the lines
of authority and responsibilities;
new text end

new text begin (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
new text end

new text begin (8) include a policy on the confidentiality of patient information.
new text end

new text begin Subd. 2. new text end

new text begin Staff development. new text end

new text begin (a) A license holder must ensure that each staff
member receives orientation training before providing direct patient care and at least
30 hours of continuing education every two years. A written record must be kept to
demonstrate completion of training requirements.
new text end

new text begin (b) Within 72 hours of beginning employment, all staff having direct patient contact
must be provided orientation on the following:
new text end

new text begin (1) specific license holder and staff responsibilities for patient confidentiality;
new text end

new text begin (2) standards governing the use of protective procedures;
new text end

new text begin (3) patient ethical boundaries and patient rights, including the rights of patients
admitted under chapter 253B;
new text end

new text begin (4) infection control procedures;
new text end

new text begin (5) mandatory reporting under sections 245A.65, 626.556, and 626.557, including
specific training covering the facility's policies concerning obtaining patient releases
of information;
new text end

new text begin (6) HIV minimum standards as required in section 245A.19;
new text end

new text begin (7) motivational counseling techniques and identifying stages of change; and
new text end

new text begin (8) eight hours of training on the program's protective procedures policy required in
section 245F.09, including:
new text end

new text begin (i) approved therapeutic holds;
new text end

new text begin (ii) protective procedures used to prevent patients from imminent danger of harming
self or others;
new text end

new text begin (iii) the emergency conditions under which the protective procedures may be used, if
any;
new text end

new text begin (iv) documentation standards for using protective procedures;
new text end

new text begin (v) how to monitor and respond to patient distress; and
new text end

new text begin (vi) person-centered planning and trauma-informed care.
new text end

new text begin (c) All staff having direct patient contact must be provided annual training on the
following:
new text end

new text begin (1) infection control procedures;
new text end

new text begin (2) mandatory reporting under sections 245A.65, 626.556, and 626.557, including
specific training covering the facility's policies concerning obtaining patient releases
of information;
new text end

new text begin (3) HIV minimum standards as required in section 245A.19; and
new text end

new text begin (4) motivational counseling techniques and identifying stages of change.
new text end

new text begin (d) All staff having direct patient contact must be provided training every two
years on the following:
new text end

new text begin (1) specific license holder and staff responsibilities for patient confidentiality;
new text end

new text begin (2) standards governing use of protective procedures, including:
new text end

new text begin (i) approved therapeutic holds;
new text end

new text begin (ii) protective procedures used to prevent patients from imminent danger of harming
self or others;
new text end

new text begin (iii) the emergency conditions under which the protective procedures may be used, if
any;
new text end

new text begin (iv) documentation standards for using protective procedures;
new text end

new text begin (v) how to monitor and respond to patient distress; and
new text end

new text begin (vi) person-centered planning and trauma-informed care; and
new text end

new text begin (3) patient ethical boundaries and patient rights, including the rights of patients
admitted under chapter 253B.
new text end

new text begin (e) Continuing education that is completed in areas outside of the required topics
must provide information to the staff person that is useful to the performance of the
individual staff person's duties.
new text end

Sec. 17.

new text begin [245F.17] PERSONNEL FILES.
new text end

new text begin A license holder must maintain a separate personnel file for each staff member. At a
minimum, the file must contain:
new text end

new text begin (1) a completed application for employment signed by the staff member that
contains the staff member's qualifications for employment and documentation related to
the applicant's background study data, as defined in chapter 245C;
new text end

new text begin (2) documentation of the staff member's current professional license or registration,
if relevant;
new text end

new text begin (3) documentation of orientation and subsequent training;
new text end

new text begin (4) documentation of a statement of freedom from substance use problems; and
new text end

new text begin (5) an annual job performance evaluation.
new text end

Sec. 18.

new text begin [245F.18] POLICY AND PROCEDURES MANUAL.
new text end

new text begin A license holder must develop a written policy and procedures manual that is
alphabetically indexed and has a table of contents, so that staff have immediate access
to all policies and procedures, and that consumers of the services, and other authorized
parties have access to all policies and procedures. The manual must contain the following
materials:
new text end

new text begin (1) a description of patient education services as required in section 245F.06;
new text end

new text begin (2) personnel policies that comply with section 245F.16;
new text end

new text begin (3) admission information and referral and discharge policies that comply with
section 245F.05;
new text end

new text begin (4) a health monitoring plan that complies with section 245F.12;
new text end

new text begin (5) a protective procedures policy that complies with section 245F.09, if the program
elects to use protective procedures;
new text end

new text begin (6) policies and procedures for assuring appropriate patient-to-staff ratios that
comply with section 245F.14;
new text end

new text begin (7) policies and procedures for assessing and documenting the susceptibility for
risk of abuse to the patient as the basis for the individual abuse prevention plan required
by section 245A.65;
new text end

new text begin (8) procedures for mandatory reporting as required by sections 245A.65, 626.556,
and 626.557;
new text end

new text begin (9) a medication control plan that complies with section 245F.13; and
new text end

new text begin (10) policies and procedures regarding HIV that meet the minimum standards
under section 245A.19.
new text end

Sec. 19.

new text begin [245F.19] PATIENT RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Patient records required. new text end

new text begin A license holder must maintain a file of
current patient records on the program premises where the treatment is provided. Each
entry in each patient record must be signed and dated by the staff member making the
entry. Patient records must be protected against loss, tampering, or unauthorized disclosure
in compliance with chapter 13 and section 254A.09; Code of Federal Regulations, title 42,
sections 2.1 to 2.67; and title 45, parts 160 to 164.
new text end

new text begin Subd. 2. new text end

new text begin Records retention. new text end

new text begin A license holder must retain and store records as
required by section 245A.041, subdivisions 3 and 4.
new text end

new text begin Subd. 3. new text end

new text begin Contents of records. new text end

new text begin Patient records must include the following:
new text end

new text begin (1) documentation of the patient's presenting problem, any substance use screening,
the most recent assessment, and any updates;
new text end

new text begin (2) a stabilization plan and progress notes as required by section 245F.07,
subdivisions 1 and 2;
new text end

new text begin (3) a discharge summary as required by section 245F.07, subdivision 3;
new text end

new text begin (4) an individual abuse prevention plan that complies with section 245A.65, and
related rules;
new text end

new text begin (5) documentation of referrals made; and
new text end

new text begin (6) documentation of the monitoring and observations of the patient's medical needs.
new text end

Sec. 20.

new text begin [245F.20] DATA COLLECTION REQUIRED.
new text end

new text begin The license holder must participate in the drug and alcohol abuse normative
evaluation system (DAANES) by submitting, in a format provided by the commissioner,
information concerning each patient admitted to the program. Staff submitting data must
be trained by the license holder with the DAANES Web manual.
new text end

Sec. 21.

new text begin [245F.21] PAYMENT METHODOLOGY.
new text end

new text begin The commissioner shall develop a payment methodology for services provided
under this chapter or by an Indian Health Services facility or a facility owned and operated
by a tribe or tribal organization operating under Public Law 93-638 as a 638 facility. The
commissioner shall seek federal approval for the methodology. Upon federal approval, the
commissioner must seek and obtain legislative approval of the funding methodology to
support the service.
new text end

ARTICLE 4

DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2014, section 246.54, subdivision 1, is amended to read:


Subdivision 1.

County portion for cost of care.

(a) Except for chemical
dependency services provided under sections 254B.01 to 254B.09, the client's county
shall pay to the state of Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally settled in that county. A
county's payment shall be made from the county's own sources of revenue and payments
shall equal a percentage of the cost of care, as determined by the commissioner, for each
day, or the portion thereof, that the client spends at a regional treatment center or a state
nursing facility according to the following schedule:

(1) zero percent for the first 30 days;

(2) 20 percent for days 31 deleted text beginto 60deleted text endnew text begin and over if the stay is determined to be clinically
appropriate for the client
new text end; and

(3) deleted text begin75 percent for any days over 60deleted text endnew text begin 100 percent for each day during the stay,
including the day of admission, when the facility determines that it is clinically appropriate
for the client to be discharged
new text end.

deleted text begin (b) The increase in the county portion for cost of care under paragraph (a), clause
(3), shall be imposed when the treatment facility has determined that it is clinically
appropriate for the client to be discharged.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end If payments received by the state under sections 246.50 to 246.53 exceed
80 percent of the cost of care for days new text beginover new text end31 deleted text beginto 60, or 25 percent for days over 60deleted text endnew text begin for
clients who meet the criteria in paragraph (a), clause (2)
new text end, the county shall be responsible
for paying the state only the remaining amount. The county shall not be entitled to
reimbursement from the client, the client's estate, or from the client's relatives, except as
provided in section 246.53.

Sec. 2.

Minnesota Statutes 2014, section 246B.01, subdivision 2b, is amended to read:


Subd. 2b.

Cost of care.

"Cost of care" means the commissioner's charge for housing
deleted text beginanddeleted text endnew text begin,new text end treatmentnew text begin, aftercarenew text end servicesnew text begin, and supervision,new text end provided to any person admitted to the
Minnesota sex offender program.

For purposes of this subdivision, "charge for housing deleted text beginanddeleted text endnew text begin,new text end treatmentnew text begin, aftercarenew text end
servicesnew text begin, and supervisionnew text end" means the cost of services, treatment, maintenance, bonds issued
for capital improvements, depreciation of buildings and equipment, and indirect costs
related to the operation of state facilities. The commissioner may determine the charge for
services on an anticipated average per diem basis as an all-inclusive charge per facility.

Sec. 3.

new text begin [246B.033] BIENNIAL EVALUATIONS OF CIVILLY COMMITTED
SEX OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Duty of executive director. new text end

new text begin The executive director shall ensure that
each civilly committed sex offender, including those on provisional discharge status, is
evaluated in the form of a forensic risk assessment and treatment progress report not less
than once every two years. The purpose of these evaluations is to identify the current
treatment needs, risk of reoffense, and potential for reduction in custody. The executive
director shall ensure that those performing such evaluations are qualified to do so and are
trained on current research and legal standards relating to risk assessment, sex offender
treatment, and reductions in custody.
new text end

new text begin Subd. 2. new text end

new text begin Assessment and report. new text end

new text begin A copy of the forensic risk assessment and the
treatment progress report must be provided to the civilly committed sex offender and
the civilly committed sex offender's attorney, along with a copy of a blank petition for
reduction in custody and instructions on completing and filing the petition.
new text end

new text begin Subd. 3. new text end

new text begin Suspension of duty if individual is in correctional facility. new text end

new text begin The executive
director may suspend or delay a civilly committed sex offender's evaluation during any
time period that the individual is residing in a correctional facility operated by the state
or federal government until the individual returns to the custody of the Minnesota sex
offender program.
new text end

new text begin Subd. 4. new text end

new text begin Right to petition. new text end

new text begin This section must not impair or restrict a civilly
committed sex offender's right to petition for a reduction in custody as provided in chapter
253D. The executive director may adjust the scheduling of an individual's evaluation
under this section to avoid duplication and inefficiency in circumstances where an
individual has within a two-year period already received a risk assessment and treatment
progress report as the result of a petition for reduction in custody.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015. The executive director
is not required to begin providing civilly committed sex offenders with evaluations until
January 4, 2016.
new text end

Sec. 4.

Minnesota Statutes 2014, section 246B.10, is amended to read:


246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.

The civilly committed sex offender's county shall pay to the state a portion of the
cost of care provided in the Minnesota sex offender program to a civilly committed sex
offender who has legally settled in that county. A county's payment must be made from
the county's own sources of revenue and payments must equal 25 percent of the cost of
care, as determined by the commissioner, for each day or portion of a day, that the civilly
committed sex offender deleted text beginspends at the facilitydeleted text endnew text begin receives services, either within a Minnesota
sex offender program facility or while on provisional discharge
new text end. If payments received by
the state under this chapter exceed 75 percent of the cost of carenew text begin for civilly committed sex
offenders admitted to the program on or after August 1, 2011
new text end, the county is responsible
for paying the state the remaining amount. new text beginIf payments received by the state under this
chapter exceed 90 percent of the cost of care for civilly committed sex offenders admitted
to the program prior to August 1, 2011, the county is responsible for paying the state the
remaining amount.
new text endThe county is not entitled to reimbursement from the civilly committed
sex offender, the civilly committed sex offender's estate, or from the civilly committed sex
offender's relatives, except as provided in section 246B.07.

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to the provision governing county payments
for each day or portion of a day that a civilly committed sex offender receives services
is effective for civilly committed sex offenders provisionally discharged on or after the
day following final enactment.
new text end

ARTICLE 5

OPERATIONS

Section 1.

Minnesota Statutes 2014, section 144.057, subdivision 1, is amended to read:


Subdivision 1.

Background studies required.

The commissioner of health shall
contract with the commissioner of human services to conduct background studies of:

(1) individuals providing services which have direct contact, as defined under
section 245C.02, subdivision 11, with patients and residents in hospitals, boarding care
homes, outpatient surgical centers licensed under sections 144.50 to 144.58; nursing
homes and home care agencies licensed under chapter 144A; residential care homes
licensed under chapter 144B, and board and lodging establishments that are registered to
provide supportive or health supervision services under section 157.17;

(2) individuals specified in section 245C.03, subdivision 1, who perform direct
contact services in a nursing home or a home care agency licensed under chapter 144A
or a boarding care home licensed under sections 144.50 to 144.58deleted text begin, anddeleted text endnew text begin.new text end If the individual
under study resides outside Minnesota, the study must deleted text beginbe at least as comprehensive as
that of a Minnesota resident and include a search of information from the criminal justice
data communications network in the state where the subject of the study resides
deleted text endnew text begin include a
check for substantiated findings of maltreatment of adults and children in the individual's
state of residence when the information is made available by that state, and must include a
check of the National Crime Information Center database
new text end;

(3) beginning July 1, 1999, all other employees in nursing homes licensed under
chapter 144A, and boarding care homes licensed under sections 144.50 to 144.58. A
disqualification of an individual in this section shall disqualify the individual from
positions allowing direct contact or access to patients or residents receiving services.
"Access" means physical access to a client or the client's personal property without
continuous, direct supervision as defined in section 245C.02, subdivision 8, when the
employee's employment responsibilities do not include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined
under section 144A.70, who are providing services in health care facilities; and

(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70.

If a facility or program is licensed by the Department of Human Services and
subject to the background study provisions of chapter 245C and is also licensed by the
Department of Health, the Department of Human Services is solely responsible for the
background studies of individuals in the jointly licensed programs.

Sec. 2.

Minnesota Statutes 2014, section 174.30, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Background studies. new text end

new text begin (a) Providers of special transportation service
regulated under this section must initiate background studies in accordance with chapter
245C on the following individuals:
new text end

new text begin (1) each person with a direct or indirect ownership interest of five percent or higher
in the transportation service provider;
new text end

new text begin (2) each controlling individual as defined under section 245A.02;
new text end

new text begin (3) managerial officials as defined in section 245A.02;
new text end

new text begin (4) each driver employed by the transportation service provider;
new text end

new text begin (5) each individual employed by the transportation service provider to assist a
passenger during transport; and
new text end

new text begin (6) all employees of the transportation service agency who provide administrative
support, including those who:
new text end

new text begin (i) may have face-to-face contact with or access to passengers, their personal
property, or their private data;
new text end

new text begin (ii) perform any scheduling or dispatching tasks; or
new text end

new text begin (iii) perform any billing activities.
new text end

new text begin (b) The transportation service provider must initiate the background studies required
under paragraph (a) using the online NETStudy system operated by the commissioner
of human services.
new text end

new text begin (c) The transportation service provider shall not permit any individual to provide
any service listed in paragraph (a) until the transportation service provider has received
notification from the commissioner of human services indicating that the individual:
new text end

new text begin (1) is not disqualified under chapter 245C; or
new text end

new text begin (2) is disqualified, but has received a set-aside of that disqualification according to
section 245C.23 related to that transportation service provider.
new text end

new text begin (d) When a local or contracted agency is authorizing a ride under section 256B.0625,
subdivision 17, by a volunteer driver, and the agency authorizing the ride has reason
to believe the volunteer driver has a history that would disqualify the individual or
that may pose a risk to the health or safety of passengers, the agency may initiate a
background study to be completed according to chapter 245C using the commissioner
of human services' online NETStudy system, or through contacting the Department of
Human Services background study division for assistance. The agency that initiates the
background study under this paragraph shall be responsible for providing the volunteer
driver with the privacy notice required under section 245C.05, subdivision 2c, and
payment for the background study required under section 245C.10, subdivision 11, before
the background study is completed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 3.

Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Providers of special transportation service. new text end

new text begin The commissioner shall
conduct background studies on any individual required under section 174.30 to have a
background study completed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 4.

Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin MNsure consumer assistance partners. new text end

new text begin The commissioner shall
conduct background studies on any individual required under section 256.962, subdivision
9, to have a background study completed under this chapter.
new text end

Sec. 5.

Minnesota Statutes 2014, section 245C.08, subdivision 1, is amended to read:


Subdivision 1.

Background studies conducted by Department of Human
Services.

(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5new text begin, or as required under section 144.057, subdivision 1, clause (2)new text end; and

(6) for a background study related to a child foster care application for licensure, a
transfer of permanent legal and physical custody of a child under sections 260C.503 to
260C.515, or adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study subject is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that
relates to individuals who have already been studied under this chapter and who remain
affiliated with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of
a background study subject is uncertain, the commissioner may require the subject to
provide a set of classifiable fingerprints for purposes of completing a fingerprint-based
record check with the Bureau of Criminal Apprehension. Fingerprints collected under this
paragraph shall not be saved by the commissioner after they have been used to verify the
identity of the background study subject against the particular criminal record in question.

Sec. 6.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Providers of special transportation service. new text end

new text begin The commissioner shall
recover the cost of background studies initiated by providers of special transportation
service under section 174.30 through a fee of no more than $20 per study. The fees
collected under this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016.
new text end

Sec. 7.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin MNsure consumer assistance partners. new text end

new text begin The commissioner shall recover
the cost of background studies required under section 256.962, subdivision 9, through
a fee of no more than $20 per study. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.
new text end

Sec. 8.

Minnesota Statutes 2014, section 245C.12, is amended to read:


245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.

(a) For the purposes of background studies completed by tribal organizations
performing licensing activities otherwise required of the commissioner under this chapter,
after obtaining consent from the background study subject, tribal licensing agencies shall
have access to criminal history data in the same manner as county licensing agencies and
private licensing agencies under this chapter.

(b) Tribal organizations may contract with the commissioner to obtain background
study data on individuals under tribal jurisdiction related to adoptions according to
section 245C.34. Tribal organizations may also contract with the commissioner to obtain
background study data on individuals under tribal jurisdiction related to child foster care
according to section 245C.34.

new text begin (c) For the purposes of background studies completed to comply with a tribal
organization's licensing requirements for individuals affiliated with nursing facilities
licensed under section 144.057, the commissioner shall obtain criminal history data from
the National Criminal Records Repository in accordance with section 245C.32.
new text end

Sec. 9.

Minnesota Statutes 2014, section 256.962, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Background studies for consumer assistance partners. new text end

new text begin All consumer
assistance partners, as defined in Minnesota Rules, part 7700.0020, subpart 7, are required
to undergo a background study according to the requirements of chapter 245C.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 8840.5900, subparts 12 and 14, 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, 2016.
new text end

ARTICLE 6

HEALTH CARE

Section 1.

Minnesota Statutes 2014, section 62A.045, is amended to read:


62A.045 PAYMENTS ON BEHALF OF ENROLLEES IN GOVERNMENT
HEALTH PROGRAMS.

(a) As a condition of doing business in Minnesota or providing coverage to
residents of Minnesota covered by this section, each health insurer shall comply with the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171, including
any federal regulations adopted under that act, to the extent that it imposes a requirement
that applies in this state and that is not also required by the laws of this state. This section
does not require compliance with any provision of the federal act prior to the effective date
provided for that provision in the federal act. The commissioner shall enforce this section.

For the purpose of this section, "health insurer" includes self-insured plans, group
health plans (as defined in section 607(1) of the Employee Retirement Income Security
Act of 1974), service benefit plans, managed care organizations, pharmacy benefit
managers, or other parties that are by contract legally responsible to pay a claim for a
health-care item or service for an individual receiving benefits under paragraph (b).

(b) No plan offered by a health insurer issued or renewed to provide coverage to
a Minnesota resident shall contain any provision denying or reducing benefits because
services are rendered to a person who is eligible for or receiving medical benefits pursuant
to title XIX of the Social Security Act (Medicaid) in this or any other state; chapter 256;
256B; or 256D or services pursuant to section 252.27; 256L.01 to 256L.10; 260B.331,
subdivision 2
; 260C.331, subdivision 2; or 393.07, subdivision 1 or 2. No health insurer
providing benefits under plans covered by this section shall use eligibility for medical
programs named in this section as an underwriting guideline or reason for nonacceptance
of the risk.

(c) If payment for covered expenses has been made under state medical programs for
health care items or services provided to an individual, and a third party has a legal liability
to make payments, the rights of payment and appeal of an adverse coverage decision for the
individual, or in the case of a child their responsible relative or caretaker, will be subrogated
to the state agency. The state agency may assert its rights under this section within three
years of the date the service was rendered. For purposes of this section, "state agency"
includes prepaid health plans under contract with the commissioner according to sections
256B.69, 256D.03, subdivision 4, paragraph (c), and 256L.12; children's mental health
collaboratives under section 245.493; demonstration projects for persons with disabilities
under section 256B.77; nursing homes under the alternative payment demonstration project
under section 256B.434; and county-based purchasing entities under section 256B.692.

(d) Notwithstanding any law to the contrary, when a person covered by a plan
offered by a health insurer receives medical benefits according to any statute listed in this
section, payment for covered services or notice of denial for services billed by the provider
must be issued directly to the provider. If a person was receiving medical benefits through
the Department of Human Services at the time a service was provided, the provider must
indicate this benefit coverage on any claim forms submitted by the provider to the health
insurer for those services. If the commissioner of human services notifies the health
insurer that the commissioner has made payments to the provider, payment for benefits or
notices of denials issued by the health insurer must be issued directly to the commissioner.
Submission by the department to the health insurer of the claim on a Department of
Human Services claim form is proper notice and shall be considered proof of payment of
the claim to the provider and supersedes any contract requirements of the health insurer
relating to the form of submission. Liability to the insured for coverage is satisfied to the
extent that payments for those benefits are made by the health insurer to the provider or
the commissioner as required by this section.

(e) When a state agency has acquired the rights of an individual eligible for medical
programs named in this section and has health benefits coverage through a health insurer,
the health insurer shall not impose requirements that are different from requirements
applicable to an agent or assignee of any other individual covered.

new text begin
(f) A health insurer must process a claim made by a state agency for covered
expenses paid under state medical programs within 90 business days of the claim's
submission. If the health insurer needs additional information to process the claim,
the health insurer may be granted an additional 30 business days to process the claim,
provided the health insurer submits the request for additional information to the state
agency within 30 business days after the health insurer received the claim.
new text end

new text begin (g) A health insurer may request a refund of a claim paid in error to the Department
of Human Services within two years of the date the payment was made to the department.
A request for a refund shall not be honored by the department if the health insurer makes
the request after the time period has lapsed.
new text end

Sec. 2.

Minnesota Statutes 2014, section 62V.05, subdivision 6, is amended to read:


Subd. 6.

Appeals.

(a) The board may conduct hearings, appoint hearing officers,
and recommend final orders related to appeals of any MNsure determinations, except for
those determinations identified in paragraph (d). An appeal by a health carrier regarding
a specific certification or selection determination made by MNsure under subdivision 5
must be conducted as a contested case proceeding under chapter 14, with the report or
order of the administrative law judge constituting the final decision in the case, subject to
judicial review under sections 14.63 to 14.69. For other appeals, the board shall establish
hearing processes which provide for a reasonable opportunity to be heard and timely
resolution of the appeal and which are consistent with the requirements of federal law and
guidance. An appealing party may be represented by legal counsel at these hearings, but
this is not a requirement.

(b) MNsure may establish service-level agreements with state agencies to conduct
hearings for appeals. Notwithstanding section 471.59, subdivision 1, a state agency is
authorized to enter into service-level agreements for this purpose with MNsure.

(c) For proceedings under this subdivision, MNsure may be represented by an
attorney who is an employee of MNsure.

(d) This subdivision does not apply to appeals of determinations where a state
agency hearing is available under section 256.045.

new text begin (e) An appellant aggrieved by an order of the executive director of MNsure issued
in an eligibility appeal, as defined in Minnesota Rules, part 7700.0101, may appeal the
order to the district court of the appellant's county of residence by serving a written copy
of a notice of appeal upon the executive director and any other adverse party of record
within 30 days after the date the executive director issued the order, the amended order, or
order affirming the original order, and by filing the original notice and proof of service
with the court administrator of the district court. Service may be made personally or by
mail; service by mail is complete upon mailing; no filing fee shall be required by the court
administrator in appeals taken pursuant to this subdivision. The executive director shall
furnish all parties to the proceedings with a copy of the decision, and a transcript of any
testimony, evidence, or other supporting papers from the hearing held before the appeals
examiner within 45 days after service of the notice of appeal.
new text end

new text begin (f) Any party aggrieved by the failure of an adverse party to obey an order issued
by the executive director may compel performance according to the order in the manner
prescribed in sections 586.01 to 586.12.
new text end

new text begin (g) Any party may obtain a hearing at a special term of the district court by serving a
written notice of the time and place of the hearing at least ten days prior to the date of
the hearing. The court may consider the matter in or out of chambers, and shall take no
new or additional evidence unless it determines that such evidence is necessary for a
more equitable disposition of the appeal.
new text end

new text begin (h) Any party aggrieved by the order of the district court may appeal the order as in
other civil cases. No costs or disbursements shall be taxed against any party nor shall any
filing fee or bond be required of any party.
new text end

new text begin (i) If the executive director or district court orders eligibility for qualified health plan
coverage through MNsure, or eligibility for federal advance payment of premium tax
credits or cost-sharing reductions contingent upon full payment of respective premiums,
the premiums must be paid or provided pending appeal to the district court, Court of
Appeals, or Supreme Court. Provision of eligibility by MNsure pending appeal does not
render moot MNsure's position in a court of law.
new text end

Sec. 3.

Minnesota Statutes 2014, section 256.015, subdivision 7, is amended to read:


Subd. 7.

Cooperation with information requests required.

(a) Upon the request
of the commissioner of human services:

(1) any state agency or third-party payer shall cooperate by furnishing information to
help establish a third-party liability, as required by the federal Deficit Reduction Act of
2005, Public Law 109-171;

(2) any employer or third-party payer shall cooperate by furnishing a data file
containing information about group health insurance plan or medical benefit plan coverage
of its employees or insureds within 60 days of the request.new text begin The information in the data
file must include at least the following: full name, date of birth, Social Security number
if collected by the employer or third-party payer, employer name, policy identification
number, group identification number, and plan or coverage type.
new text end

(b) For purposes of section 176.191, subdivision 4, the commissioner of labor and
industry may allow the commissioner of human services and county agencies direct access
and data matching on information relating to workers' compensation claims in order to
determine whether the claimant has reported the fact of a pending claim and the amount
paid to or on behalf of the claimant to the commissioner of human services.

(c) For the purpose of compliance with section 169.09, subdivision 13, and
federal requirements under Code of Federal Regulations, title 42, section 433.138
(d)(4), the commissioner of public safety shall provide accident data as requested by
the commissioner of human services. The disclosure shall not violate section 169.09,
subdivision 13, paragraph (d).

(d) The commissioner of human services and county agencies shall limit its use of
information gained from agencies, third-party payers, and employers to purposes directly
connected with the administration of its public assistance and child support programs. The
provision of information by agencies, third-party payers, and employers to the department
under this subdivision is not a violation of any right of confidentiality or data privacy.

Sec. 4.

Minnesota Statutes 2014, section 256.969, subdivision 1, is amended to read:


Subdivision 1.

Hospital cost index.

(a) The hospital cost index shall be the change
in the Consumer Price Index-All Items (United States city average) (CPI-U) forecasted
by Data Resources, Inc. The commissioner shall use the indices as forecasted in the
third quarter of the calendar year prior to the rate year. The hospital cost index may be
used to adjust the base year operating payment rate through the rate year on an annually
compounded basis.

(b) For fiscal years beginning on or after July 1, 1993, the commissioner of human
services shall not provide automatic annual inflation adjustments for hospital payment
rates under medical assistance. deleted text beginThe commissioner of management and budget shall
deleted text enddeleted text begininclude as a budget change request in each biennial detailed expenditure budget submitted
deleted text enddeleted text beginto the legislature under section deleted text enddeleted text begin16A.11deleted text enddeleted text begin annual adjustments in hospital payment rates under
deleted text enddeleted text beginmedical assistance based upon the hospital cost index.
deleted text end

Sec. 5.

Minnesota Statutes 2014, section 256.969, subdivision 2b, is amended to read:


Subd. 2b.

Hospital payment rates.

(a) For discharges occurring on or after
November 1, 2014, hospital inpatient services for hospitals located in Minnesota shall be
paid according to the following:

(1) critical access hospitals as defined by Medicare shall be paid using a cost-based
methodology;

(2) long-term hospitals as defined by Medicare shall be paid on a per diem
methodology under subdivision 25;

(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation
distinct parts as defined by Medicare shall be paid according to the methodology under
subdivision 12; and

(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.

(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall
not be rebased, except that a Minnesota long-term hospital shall be rebased effective
January 1, 2011, based on its most recent Medicare cost report ending on or before
September 1, 2008, with the provisions under subdivisions 9 and 23, based on the rates
in effect on December 31, 2010. For rate setting periods after November 1, 2014, in
which the base years are updated, a Minnesota long-term hospital's base year shall remain
within the same period as other hospitals.

(c) Effective for discharges occurring on and after November 1, 2014, payment rates
for hospital inpatient services provided by hospitals located in Minnesota or the local trade
area, except for the hospitals paid under the methodologies described in paragraph (a),
clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a
manner similar to Medicare. The base year for the rates effective November 1, 2014, shall
be calendar year 2012. The rebasing under this paragraph shall be budget neutral, ensuring
that the total aggregate payments under the rebased system are equal to the total aggregate
payments that were made for the same number and types of services in the base year.
Separate budget neutrality calculations shall be determined for payments made to critical
access hospitals and payments made to hospitals paid under the DRG system. Only the rate
increases or decreases under subdivision 3a or 3c that applied to the hospitals being rebased
during the entire base period shall be incorporated into the budget neutrality calculation.

(d) For discharges occurring on or after November 1, 2014, through June 30, 2016,
the rebased rates under paragraph (c) shall include adjustments to the projected rates that
result in no greater than a five percent increase or decrease from the base year payments
for any hospital. Any adjustments to the rates made by the commissioner under this
paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).

(e) For discharges occurring on or after November 1, 2014, through June 30, 2016,
the commissioner may make additional adjustments to the rebased rates, and when
evaluating whether additional adjustments should be made, the commissioner shall
consider the impact of the rates on the following:

(1) pediatric services;

(2) behavioral health services;

(3) trauma services as defined by the National Uniform Billing Committee;

(4) transplant services;

(5) obstetric services, newborn services, and behavioral health services provided
by hospitals outside the seven-county metropolitan area;

(6) outlier admissions;

(7) low-volume providers; and

(8) services provided by small rural hospitals that are not critical access hospitals.

(f) Hospital payment rates established under paragraph (c) must incorporate the
following:

(1) for hospitals paid under the DRG methodology, the base year payment rate per
admission is standardized by the applicable Medicare wage index and adjusted by the
hospital's disproportionate population adjustment;

(2) for critical access hospitals, interim per diem payment rates shall be based on the
ratio of cost and charges reported on the base year Medicare cost report or reports and
applied to medical assistance utilization data. Final settlement payments for a state fiscal
year must be determined based on a review of the medical assistance cost report required
under subdivision 4b for the applicable state fiscal year;

(3) the cost and charge data used to establish hospital payment rates must only
reflect inpatient services covered by medical assistance; and

(4) in determining hospital payment rates for discharges occurring on or after the
rate year beginning January 1, 2011, through December 31, 2012, the hospital payment
rate per discharge shall be based on the cost-finding methods and allowable costs of the
Medicare program in effect during the base year or years.

(g) The commissioner shall validate the rates effective November 1, 2014, by
applying the rates established under paragraph (c), and any adjustments made to the rates
under paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine
whether the total aggregate payments for the same number and types of services under the
rebased rates are equal to the total aggregate payments made during calendar year 2013.

(h) Effective for discharges occurring on or after July 1, 2017, and every two
years thereafter, payment rates under this section shall be rebased to reflect only those
changes in hospital costs between the existing base year and the next base year. The
commissioner shall establish the base year for each rebasing period considering the most
recent year for which filed Medicare cost reports are available. The estimated change in
the average payment per hospital discharge resulting from a scheduled rebasing must be
calculated and made available to the legislature by January 15 of each year in which
rebasing is scheduled to occur, and must include by hospital the differential in payment
rates compared to the individual hospital's costs.

new text begin (i) Effective for discharges occurring on or after July 1, 2015, payment rates for
critical access hospitals located in Minnesota or the local trade area shall be determined
using a new cost-based methodology. The commissioner shall establish within the
methodology tiers of payment designed to promote efficiency and cost-effectiveness.
Annual payments to hospitals under this paragraph shall equal the total cost for critical
access hospitals as reflected in base year cost reports. The new cost-based rate shall be
the final rate and shall not be settled to actual incurred costs. The factors used to develop
the new methodology may include but are not limited to:
new text end

new text begin (1) the ratio between the hospital's costs for treating medical assistance patients and
the hospital's charges to the medical assistance program;
new text end

new text begin (2) the ratio between the hospital's costs for treating medical assistance patients and
the hospital's payments received from the medical assistance program for the care of
medical assistance patients;
new text end

new text begin (3) the ratio between the hospital's charges to the medical assistance program and
the hospital's payments received from the medical assistance program for the care of
medical assistance patients;
new text end

new text begin (4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);
new text end

new text begin (5) the proportion of that hospital's costs that are administrative and trends in
administrative costs; and
new text end

new text begin (6) geographic location.
new text end

Sec. 6.

Minnesota Statutes 2014, section 256.969, subdivision 9, is amended to read:


Subd. 9.

Disproportionate numbers of low-income patients served.

(a) For
admissions occurring on or after July 1, 1993, the medical assistance disproportionate
population adjustment shall comply with federal law and shall be paid to a hospital,
excluding regional treatment centers and facilities of the federal Indian Health Service,
with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The
adjustment must be determined as follows:

(1) for a hospital with a medical assistance inpatient utilization rate above the
arithmetic mean for all hospitals excluding regional treatment centers and facilities of the
federal Indian Health Service but less than or equal to one standard deviation above the
mean, the adjustment must be determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's actual medical assistance
inpatient utilization rate and the arithmetic mean for all hospitals excluding regional
treatment centers and facilities of the federal Indian Health Service; and

(2) for a hospital with a medical assistance inpatient utilization rate above one
standard deviation above the mean, the adjustment must be determined by multiplying
the adjustment that would be determined under clause (1) for that hospital by 1.1.
The commissioner may establish a separate disproportionate population payment rate
adjustment for critical access hospitals. The commissioner shall report annually on the
number of hospitals likely to receive the adjustment authorized by this paragraph. The
commissioner shall specifically report on the adjustments received by public hospitals and
public hospital corporations located in cities of the first class.

(b) Certified public expenditures made by Hennepin County Medical Center shall
be considered Medicaid disproportionate share hospital payments. Hennepin County
and Hennepin County Medical Center shall report by June 15, 2007, on payments made
beginning July 1, 2005, or another date specified by the commissioner, that may qualify
for reimbursement under federal law. Based on these reports, the commissioner shall
apply for federal matching funds.

(c) Upon federal approval of the related state plan amendment, paragraph (b) is
effective retroactively from July 1, 2005, or the earliest effective date approved by the
Centers for Medicare and Medicaid Services.

new text begin (d) Effective July 1, 2015, disproportionate share hospital (DSH) payments shall
be paid in accordance with a new methodology. Annual DSH payments made under
this paragraph shall equal the total amount of DSH payments made for 2012. The new
methodology shall take into account a variety of factors, including but not limited to:
new text end

new text begin (1) the medical assistance utilization rate of the hospitals that receive payments
under this subdivision;
new text end

new text begin (2) whether the hospital is located within Minnesota;
new text end

new text begin (3) the difference between a hospital's costs for treating medical assistance patients
and the total amount of payments received from medical assistance;
new text end

new text begin (4) the percentage of uninsured patient days at each qualifying hospital in relation
to the total number of uninsured patient days statewide;
new text end

new text begin (5) the hospital's status as a hospital authorized to make presumptive eligibility
determinations for medical assistance in accordance with section 256B.057, subdivision 12;
new text end

new text begin (6) the hospital's status as a safety net, critical access, children's, rehabilitation, or
long-term hospital;
new text end

new text begin (7) whether the hospital's administrative cost of compiling the necessary DSH
reports exceeds the anticipated value of any calculated DSH payment; and
new text end

new text begin (8) whether the hospital provides specific services designated by the commissioner
to be of particular importance to the medical assistance program.
new text end

new text begin (e) Any payments or portion of payments made to a hospital under this subdivision
that are subsequently returned to the commissioner because the payments are found to
exceed the hospital-specific DSH limit for that hospital shall be redistributed to other
DSH-eligible hospitals in a manner established by the commissioner.
new text end

Sec. 7.

Minnesota Statutes 2014, section 256B.059, subdivision 5, is amended to read:


Subd. 5.

Asset availability.

(a) At the time of initial determination of eligibility for
medical assistance benefits following the first continuous period of institutionalization on
or after October 1, 1989, assets considered available to the institutionalized spouse shall
be the total value of all assets in which either spouse has an ownership interest, reduced by
the following amount for the community spouse:

(1) prior to July 1, 1994, the greater of:

(i) $14,148;

(ii) the lesser of the spousal share or $70,740; or

(iii) the amount required by court order to be paid to the community spouse;

(2) for persons whose date of initial determination of eligibility for medical
assistance following their first continuous period of institutionalization occurs on or after
July 1, 1994, the greater of:

(i) $20,000;

(ii) the lesser of the spousal share or $70,740; or

(iii) the amount required by court order to be paid to the community spouse.

The value of assets transferred for the sole benefit of the community spouse under section
256B.0595, subdivision 4, in combination with other assets available to the community
spouse under this section, cannot exceed the limit for the community spouse asset
allowance determined under subdivision 3 or 4. Assets that exceed this allowance shall be
considered available to the institutionalized spouse deleted text beginwhether or notdeleted text end deleted text beginconverted todeleted text end deleted text beginincomedeleted text end. If
the community spouse asset allowance has been increased under subdivision 4, then the
assets considered available to the institutionalized spouse under this subdivision shall be
further reduced by the value of additional amounts allowed under subdivision 4.

(b) An institutionalized spouse may be found eligible for medical assistance even
though assets in excess of the allowable amount are found to be available under paragraph
(a) if the assets are owned jointly or individually by the community spouse, and the
institutionalized spouse cannot use those assets to pay for the cost of care without the
consent of the community spouse, and if: (i) the institutionalized spouse assigns to the
commissioner the right to support from the community spouse under section 256B.14,
subdivision 3
; (ii) the institutionalized spouse lacks the ability to execute an assignment
due to a physical or mental impairment; or (iii) the denial of eligibility would cause an
imminent threat to the institutionalized spouse's health and well-being.

(c) After the month in which the institutionalized spouse is determined eligible for
medical assistance, during the continuous period of institutionalization, no assets of the
community spouse are considered available to the institutionalized spouse, unless the
institutionalized spouse has been found eligible under paragraph (b).

(d) Assets determined to be available to the institutionalized spouse under this
section must be used for the health care or personal needs of the institutionalized spouse.

(e) For purposes of this section, assets do not include assets excluded under the
Supplemental Security Income program.

Sec. 8.

Minnesota Statutes 2014, section 256B.0625, subdivision 9, is amended to read:


Subd. 9.

Dental services.

(a) Medical assistance covers dental services.

(b) Medical assistance dental coverage for nonpregnant adults is limited to the
following services:

(1) comprehensive exams, limited to once every five years;

(2) periodic exams, limited to one per year;

(3) limited exams;

(4) bitewing x-rays, limited to one per year;

(5) periapical x-rays;

(6) panoramic x-rays, limited to one every five years except (1) when medically
necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma
or (2) once every two years for patients who cannot cooperate for intraoral film due to
a developmental disability or medical condition that does not allow for intraoral film
placement;

(7) prophylaxis, limited to one per year;

(8) application of fluoride varnish, limited to one per year;

(9) posterior fillings, all at the amalgam rate;

(10) anterior fillings;

(11) endodontics, limited to root canals on the anterior and premolars only;

(12) removable prostheses, each dental arch limited to one every six years;

(13) oral surgery, limited to extractions, biopsies, and incision and drainage of
abscesses;

(14) palliative treatment and sedative fillings for relief of pain; deleted text beginand
deleted text end

(15) full-mouth debridement, limited to one every five yearsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (16) nonsurgical treatment for periodontal disease, including scaling, root planing,
and routine periodontal maintenance procedures, limited to once per quadrant per year.
new text end

(c) In addition to the services specified in paragraph (b), medical assistance
covers the following services for adults, if provided in an outpatient hospital setting or
freestanding ambulatory surgical center as part of outpatient dental surgery:

(1) periodontics, limited to periodontal scaling and root planing once every two years;

(2) general anesthesia; and

(3) full-mouth survey once every five years.

(d) Medical assistance covers medically necessary dental services for children and
pregnant women. The following guidelines apply:

(1) posterior fillings are paid at the amalgam rate;

(2) application of sealants are covered once every five years per permanent molar for
children only;

(3) application of fluoride varnish is covered once every six months; and

(4) orthodontia is eligible for coverage for children only.

(e) In addition to the services specified in paragraphs (b) and (c), medical assistance
covers the following services for adults:

(1) house calls or extended care facility calls for on-site delivery of covered services;

(2) behavioral management when additional staff time is required to accommodate
behavioral challenges and sedation is not used;

(3) oral or IV sedation, if the covered dental service cannot be performed safely
without it or would otherwise require the service to be performed under general anesthesia
in a hospital or surgical center; and

(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
no more than four times per year.

(f) The commissioner shall not require prior authorization for the services included
in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based
purchasing plans from requiring prior authorization for the services included in paragraph
(e), clauses (1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

Sec. 9.

Minnesota Statutes 2014, section 256B.0625, subdivision 13h, is amended to
read:


Subd. 13h.

Medication therapy management services.

(a) Medical assistance deleted text beginand
deleted text enddeleted text begingeneral assistance medical care coverdeleted text endnew text begin coversnew text end medication therapy management services
for a recipient taking deleted text beginthree or moredeleted text end prescriptions to treat or prevent one or more chronic
medical conditionsdeleted text begin; a recipient with a drug therapy problem that is identified by the
commissioner or identified by a pharmacist and approved by the commissioner; or prior
authorized by the commissioner that has resulted or is likely to result in significant
nondrug program costs. The commissioner may cover medical therapy management
services under MinnesotaCare if the commissioner determines this is cost-effective
deleted text end. For
purposes of this subdivision, "medication therapy management" means the provision
of the following pharmaceutical care services by a licensed pharmacist to optimize the
therapeutic outcomes of the patient's medications:

(1) performing or obtaining necessary assessments of the patient's health status;

(2) formulating a medication treatment plan;

(3) monitoring and evaluating the patient's response to therapy, including safety
and effectiveness;

(4) performing a comprehensive medication review to identify, resolve, and prevent
medication-related problems, including adverse drug events;

(5) documenting the care delivered and communicating essential information to
the patient's other primary care providers;

(6) providing verbal education and training designed to enhance patient
understanding and appropriate use of the patient's medications;

(7) providing information, support services, and resources designed to enhance
patient adherence with the patient's therapeutic regimens; and

(8) coordinating and integrating medication therapy management services within the
broader health care management services being provided to the patient.

Nothing in this subdivision shall be construed to expand or modify the scope of practice of
the pharmacist as defined in section 151.01, subdivision 27.

(b) To be eligible for reimbursement for services under this subdivision, a pharmacist
must meet the following requirements:

(1) have a valid license issued by the Board of Pharmacy of the state in which the
medication therapy management service is being performed;

(2) have graduated from an accredited college of pharmacy on or after May 1996, or
completed a structured and comprehensive education program approved by the Board of
Pharmacy and the American Council of Pharmaceutical Education for the provision and
documentation of pharmaceutical care management services that has both clinical and
didactic elements;

(3) be practicing in an ambulatory care setting as part of a multidisciplinary team or
have developed a structured patient care process that is offered in a private or semiprivate
patient care area that is separate from the commercial business that also occurs in the
setting, or in home settings, including long-term care settings, group homes, and facilities
providing assisted living services, but excluding skilled nursing facilities; and

(4) make use of an electronic patient record system that meets state standards.

(c) For purposes of reimbursement for medication therapy management services,
the commissioner may enroll individual pharmacists as medical assistance deleted text beginand general
assistance medical care
deleted text end providers. The commissioner may also establish contact
requirements between the pharmacist and recipient, including limiting the number of
reimbursable consultations per recipient.

(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing
within a reasonable geographic distance of the patient, a pharmacist who meets the
requirements may provide the services via two-way interactive video. Reimbursement
shall be at the same rates and under the same conditions that would otherwise apply to
the services provided. To qualify for reimbursement under this paragraph, the pharmacist
providing the services must meet the requirements of paragraph (b), and must be
located within an ambulatory care setting deleted text beginapproved by the commissionerdeleted text endnew text begin that meets the
requirements of paragraph (b), clause (3)
new text end. The patient must also be located within an
ambulatory care setting deleted text beginapproved by the commissionerdeleted text endnew text begin that meets the requirements of
paragraph (b), clause (3)
new text end. Services provided under this paragraph may not be transmitted
into the patient's residence.

deleted text begin (e) The commissioner shall establish a pilot project for an intensive medication
therapy management program for patients identified by the commissioner with multiple
chronic conditions and a high number of medications who are at high risk of preventable
hospitalizations, emergency room use, medication complications, and suboptimal
treatment outcomes due to medication-related problems. For purposes of the pilot
project, medication therapy management services may be provided in a patient's home
or community setting, in addition to other authorized settings. The commissioner may
waive existing payment policies and establish special payment rates for the pilot project.
The pilot project must be designed to produce a net savings to the state compared to the
estimated costs that would otherwise be incurred for similar patients without the program.
The pilot project must begin by January 1, 2010, and end June 30, 2012.
deleted text end

new text begin (e) Medication therapy management services may be delivered into a patient's
residence via secure interactive video if the medication therapy management services
are performed electronically during a covered home care visit by an enrolled provider.
Reimbursement shall be at the same rates and under the same conditions that would
otherwise apply to the services provided. To qualify for reimbursement under this
paragraph, the pharmacist providing the services must meet the requirements of paragraph
(b) and must be located within an ambulatory care setting that meets the requirements of
paragraph (b), clause (3).
new text end

Sec. 10.

Minnesota Statutes 2014, section 256B.0625, subdivision 58, is amended to
read:


Subd. 58.

Early and periodic screening, diagnosis, and treatment services.

Medical assistance covers early and periodic screening, diagnosis, and treatment services
(EPSDT). The payment amount for a complete EPSDT screening shall not include charges
for deleted text beginvaccinesdeleted text endnew text begin health care services and productsnew text end that are available at no cost to the provider
and shall not exceed the rate established per Minnesota Rules, part 9505.0445, item M,
effective October 1, 2010.

Sec. 11.

Minnesota Statutes 2014, section 256B.0631, is amended to read:


256B.0631 MEDICAL ASSISTANCE CO-PAYMENTS.

Subdivision 1.

Cost-sharing.

(a) Except as provided in subdivision 2, the medical
assistance benefit plan shall include the following cost-sharing for all recipients, effective
for services provided on or after September 1, 2011:

(1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes
of this subdivision, a visit means an episode of service which is required because of
a recipient's symptoms, diagnosis, or established illness, and which is delivered in an
ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse
midwife, advanced practice nurse, audiologist, optician, or optometrist;

(2) $3.50 for nonemergency visits to a hospital-based emergency room, except that
this co-payment shall be increased to $20 upon federal approval;

(3) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness;

(4) deleted text begineffective January 1, 2012,deleted text end a family deductible equal to deleted text beginthe maximum amount
allowed under Code of Federal Regulations, title 42, part 447.54
deleted text endnew text begin $2.75 per month per
family and adjusted annually by the percentage increase in the medical care component
of the CPI-U for the period of September to September of the preceding calendar year,
rounded to the next higher five-cent increment
new text end; and

(5) deleted text beginfor individuals identified by the commissioner with income at or below 100
percent of the federal poverty guidelines,
deleted text end total monthly cost-sharing must not exceed five
percent of family income. For purposes of this paragraph, family income is the total
earned and unearned income of the individual and the individual's spouse, if the spouse is
enrolled in medical assistance and also subject to the five percent limit on cost-sharing.new text begin
This paragraph does not apply to premiums charged to individuals described under section
256B.057, subdivision 9.
new text end

(b) Recipients of medical assistance are responsible for all co-payments and
deductibles in this subdivision.

(c) Notwithstanding paragraph (b), the commissioner, through the contracting
process under sections 256B.69 and 256B.692, may allow managed care plans and
county-based purchasing plans to waive the family deductible under paragraph (a),
clause (4). The value of the family deductible shall not be included in the capitation
payment to managed care plans and county-based purchasing plans. Managed care plans
and county-based purchasing plans shall certify annually to the commissioner the dollar
value of the family deductible.

(d) Notwithstanding paragraph (b), the commissioner may waive the collection of
the family deductible described under paragraph (a), clause (4), from individuals and
allow long-term care and waivered service providers to assume responsibility for payment.

(e) Notwithstanding paragraph (b), the commissioner, through the contracting
process under section 256B.0756 shall allow the pilot program in Hennepin County to
waive co-payments. The value of the co-payments shall not be included in the capitation
payment amount to the integrated health care delivery networks under the pilot program.

Subd. 2.

Exceptions.

Co-payments and deductibles shall be subject to the following
exceptions:

(1) children under the age of 21;

(2) pregnant women for services that relate to the pregnancy or any other medical
condition that may complicate the pregnancy;

(3) recipients expected to reside for at least 30 days in a hospital, nursing home, or
intermediate care facility for the developmentally disabled;

(4) recipients receiving hospice care;

(5) 100 percent federally funded services provided by an Indian health service;

(6) emergency services;

(7) family planning services;

(8) services that are paid by Medicare, resulting in the medical assistance program
paying for the coinsurance and deductible;

(9) co-payments that exceed one per day per provider for nonpreventive visits,
eyeglasses, and nonemergency visits to a hospital-based emergency room; deleted text beginand
deleted text end

(10) services, fee-for-service payments subject to volume purchase through
competitive biddingdeleted text begin.deleted text endnew text begin;
new text end

new text begin (11) American Indians who meet the requirements in Code of Federal Regulations,
title 42, section 447.51;
new text end

new text begin (12) persons needing treatment for breast or cervical cancer as described under
section 256B.057, subdivision 10; and
new text end

new text begin (13) services that currently have a rating of A or B from the United States Preventive
Services Task Force (USPSTF), immunizations recommended by the Advisory Committee
on Immunization Practices of the Centers for Disease Control and Prevention, and
preventive services and screenings provided to women as described in Code of Federal
Regulations, title 45, section 147.130.
new text end

Subd. 3.

Collection.

(a) The medical assistance reimbursement to the provider shall
be reduced by the amount of the co-payment or deductible, except that reimbursements
shall not be reduced:

(1) once a recipient has reached the $12 per month maximum for prescription drug
co-payments; or

(2) for a recipient deleted text beginidentified by the commissioner under 100 percent of the federal
poverty guidelines
deleted text end who has met their monthly five percent cost-sharing limit.

(b) The provider collects the co-payment or deductible from the recipient. Providers
may not deny services to recipients who are unable to pay the co-payment or deductible.

(c) Medical assistance reimbursement to fee-for-service providers and payments to
managed care plans shall not be increased as a result of the removal of co-payments or
deductibles effective on or after January 1, 2009.

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to subdivision 1, paragraph (a), clause (4), is
effective retroactively from January 1, 2014.
new text end

Sec. 12.

new text begin [256B.0638] OPIOID PRESCRIBING IMPROVEMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of human services, in
conjunction with the commissioner of health, shall coordinate and implement an opioid
prescribing improvement program to reduce opioid dependency and substance use by
Minnesotans due to the prescribing of opioid analgesics by health care providers.
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 defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

new text begin (c) "Commissioners" means the commissioner of human services and the
commissioner of health.
new text end

new text begin (d) "DEA" means the United States Drug Enforcement Administration.
new text end

new text begin (e) "Minnesota health care program" means a public health care program
administered by the commissioner of human services.
new text end

new text begin (f) "Opioid disenrollment standards" means parameters of opioid prescribing
practices that fall outside community standard thresholds for prescribing to such a degree
that a provider must be disenrolled as a medical assistance provider.
new text end

new text begin (g) "Opioid prescriber" means a licensed health care provider who prescribes opioids
to medical assistance and MinnesotaCare enrollees under the fee-for-service system or
under a managed care or county-based purchasing plan.
new text end

new text begin (h) "Opioid quality improvement standard thresholds" means parameters of opioid
prescribing practices that fall outside community standards for prescribing to such a
degree that quality improvement is required.
new text end

new text begin (i) "Program" means the statewide opioid prescribing improvement program
established under this section.
new text end

new text begin (j) "Provider group" means a clinic, hospital, or primary or specialty practice group
that employs, contracts with, or is affiliated with an opioid prescriber. Provider group does
not include a professional association supported by dues-paying members.
new text end

new text begin (k) "Sentinel measures" means measures of opioid use that identify variations in
prescribing practices during the prescribing intervals.
new text end

new text begin Subd. 3. new text end

new text begin Opioid prescribing work group. new text end

new text begin (a) The commissioner of human
services, in consultation with the commissioner of health, shall appoint the following
voting members to an opioid prescribing work group:
new text end

new text begin (1) two consumer members who have been impacted by an opioid abuse disorder or
opioid dependence disorder, either personally or with family members;
new text end

new text begin (2) one member who is a licensed physician actively practicing in Minnesota and
registered as a practitioner with the DEA;
new text end

new text begin (3) one member who is a licensed pharmacist actively practicing in Minnesota and
registered as a practitioner with the DEA;
new text end

new text begin (4) one member who is a licensed nurse practitioner actively practicing in Minnesota
and registered as a practitioner with the DEA;
new text end

new text begin (5) one member who is a licensed dentist actively practicing in Minnesota and
registered as a practitioner with the DEA;
new text end

new text begin (6) two members who are nonphysician licensed health care professionals actively
engaged in the practice of their profession in Minnesota, and their practice includes
treating pain;
new text end

new text begin (7) one member who is a mental health professional who is licensed or registered
in a mental health profession, who is actively engaged in the practice of that profession
in Minnesota, and whose practice includes treating patients with chemical dependency
or substance abuse;
new text end

new text begin (8) one member who is a medical examiner for a Minnesota county;
new text end

new text begin (9) one member of the Health Services Policy Committee established under section
256B.0625, subdivisions 3c to 3e;
new text end

new text begin (10) one member who is a medical director of a health plan company doing business
in Minnesota;
new text end

new text begin (11) one member who is a pharmacy director of a health plan company doing
business in Minnesota; and
new text end

new text begin (12) one member representing Minnesota law enforcement.
new text end

new text begin (b) In addition, the work group shall include the following nonvoting members:
new text end

new text begin (1) the medical director for the medical assistance program;
new text end

new text begin (2) a member representing the Department of Human Services pharmacy unit; and
new text end

new text begin (3) the medical director for the Department of Labor and Industry.
new text end

new text begin (c) An honorarium of $200 per meeting and reimbursement for mileage and parking
shall be paid to each voting member in attendance.
new text end

new text begin Subd. 4. new text end

new text begin Program components. new text end

new text begin (a) The working group shall recommend to the
commissioners the components of the statewide opioid prescribing improvement program,
including, but not limited to, the following:
new text end

new text begin (1) developing criteria for opioid prescribing protocols, including:
new text end

new text begin (i) prescribing for the interval of up to four days immediately after an acute painful
event;
new text end

new text begin (ii) prescribing for the interval of up to 45 days after an acute painful event; and
new text end

new text begin (iii) prescribing for chronic pain, which for purposes of this program means pain
lasting longer than 45 days after an acute painful event;
new text end

new text begin (2) developing sentinel measures;
new text end

new text begin (3) developing educational resources for opioid prescribers about communicating
with patients about pain management and the use of opioids to treat pain;
new text end

new text begin (4) developing opioid quality improvement standard thresholds and opioid
disenrollment standards for opioid prescribers and provider groups. In developing opioid
disenrollment standards, the standards may be described in terms of the length of time in
which prescribing practices fall outside community standards and the nature and amount
of opioid prescribing that fall outside community standards; and
new text end

new text begin (5) addressing other program issues as determined by the commissioners.
new text end

new text begin (b) The opioid prescribing protocols shall not apply to opioids prescribed for patients
who are experiencing pain caused by a malignant condition or who are receiving hospice
care, or to opioids prescribed as medication-assisted therapy to treat opioid dependency.
new text end

new text begin (c) All opioid prescribers who prescribe opioids to Minnesota health care program
enrollees must participate in the program in accordance with subdivision 5. Any other
prescriber who prescribes opioids may comply with the components of this program
described in paragraph (a) on a voluntary basis.
new text end

new text begin Subd. 5. new text end

new text begin Program implementation. new text end

new text begin (a) The commissioner shall implement the
program within the Minnesota health care program to improve the health of and quality
of care provided to Minnesota health care program enrollees. The commissioner shall
annually collect and report to opioid prescribers data showing the sentinel measures of
their opioid prescribing patterns compared to their anonymized peers.
new text end

new text begin (b) The commissioner shall notify an opioid prescriber and all provider groups
with which the opioid prescriber is employed or affiliated when the opioid prescriber's
prescribing pattern exceeds the opioid quality improvement standard thresholds. An
opioid prescriber and any provider group that receives a notice under this paragraph shall
submit to the commissioner a quality improvement plan for review and approval by the
commissioner with the goal of bringing the opioid prescriber's prescribing practices into
alignment with community standards. A quality improvement plan must include:
new text end

new text begin (1) components of the program described in subdivision 4, paragraph (a);
new text end

new text begin (2) internal practice-based measures to review the prescribing practice of the
opioid prescriber and, where appropriate, any other opioid prescribers employed by or
affiliated with any of the provider groups with which the opioid prescriber is employed or
affiliated; and
new text end

new text begin (3) appropriate use of the prescription monitoring program under section 152.126.
new text end

new text begin (c) If, after a year from the commissioner's notice under paragraph (b), the opioid
prescriber's prescribing practices do not improve so that they are consistent with
community standards, the commissioner shall take one or more of the following steps:
new text end

new text begin (1) monitor prescribing practices more frequently than annually;
new text end

new text begin (2) monitor more aspects of the opioid prescriber's prescribing practices than the
sentinel measures; or
new text end

new text begin (3) require the opioid prescriber to participate in additional quality improvement
efforts, including but not limited to mandatory use of the prescription monitoring program
established under section 152.126.
new text end

new text begin (d) The commissioner shall terminate from the Minnesota health care program
all opioid prescribers and provider groups whose prescribing practices fall within the
applicable opioid disenrollment standards.
new text end

new text begin Subd. 6. new text end

new text begin Data practices. new text end

new text begin (a) Reports and data identifying an opioid prescriber
are private data on individuals as defined under section 13.02, subdivision 12, until an
opioid prescriber is subject to termination as a medical assistance provider under this
section. Notwithstanding this data classification, the commissioner shall share with all of
the provider groups with which an opioid prescriber is employed or affiliated, a report
identifying an opioid prescriber who is subject to quality improvement activities under
subdivision 5, paragraph (b) or (c).
new text end

new text begin (b) Reports and data identifying a provider group are nonpublic data as defined
under section 13.02, subdivision 9, until the provider group is subject to termination as a
medical assistance provider under this section.
new text end

new text begin (c) Upon termination under this section, reports and data identifying an opioid
prescriber or provider group are public, except that any identifying information of
Minnesota health care program enrollees must be redacted by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Annual report to legislature. new text end

new text begin By September 15, 2016, and annually
thereafter, the commissioner of human services shall report to the legislature on the
implementation of the opioid prescribing improvement program in the Minnesota health
care program. The report must include data on the utilization of opioids within the
Minnesota health care program.
new text end

Sec. 13.

Minnesota Statutes 2014, section 256B.0757, is amended to read:


256B.0757 COORDINATED CARE THROUGH A HEALTH HOME.

Subdivision 1.

Provision of coverage.

(a) The commissioner shall provide
medical assistance coverage of health home services for eligible individuals with chronic
conditions who select a designated providerdeleted text begin, a team of health care professionals, or a
health team
deleted text end as the individual's health home.

(b) The commissioner shall implement this section in compliance with the
requirements of the state option to provide health homes for enrollees with chronic
conditions, as provided under the Patient Protection and Affordable Care Act, Public
Law 111-148, sections 2703 and 3502. Terms used in this section have the meaning
provided in that act.

new text begin (c) The commissioner shall establish health homes to serve populations with serious
mental illness who meet the eligibility requirements described under subdivision 2, clause
(4). The health home services provided by health homes shall focus on both the behavioral
and the physical health of these populations.
new text end

Subd. 2.

Eligible individual.

An individual is eligible for health home services
under this section if the individual is eligible for medical assistance under this chapter
and has at least:

(1) two chronic conditions;

(2) one chronic condition and is at risk of having a second chronic condition; deleted text beginor
deleted text end

(3) one serious and persistent mental health conditiondeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) meets the definition in section 245.462, subdivision 20, paragraph (a), or
245.4871, subdivision 15, clause (2); and has a current diagnostic assessment as defined in
Minnesota Rules, part 9505.0372, subpart 1, item B or C, as performed or reviewed by
a mental health professional employed by or under contract with the behavioral health
home. The commissioner shall establish criteria for determining continued eligibility.
new text end

Subd. 3.

Health home services.

(a) Health home services means comprehensive and
timely high-quality services that are provided by a health home. These services include:

(1) comprehensive care management;

(2) care coordination and health promotion;

(3) comprehensive transitional care, including appropriate follow-up, from inpatient
to other settings;

(4) patient and family support, including authorized representatives;

(5) referral to community and social support services, if relevant; and

(6) use of health information technology to link services, as feasible and appropriate.

(b) The commissioner shall maximize the number and type of services included
in this subdivision to the extent permissible under federal law, including physician,
outpatient, mental health treatment, and rehabilitation services necessary for
comprehensive transitional care following hospitalization.

Subd. 4.

deleted text beginHealth teamsdeleted text endnew text begin Designated providernew text end.

new text begin(a) Health home services
are voluntary and an eligible individual may choose any designated provider.
new text endThe
commissioner shall establish deleted text beginhealth teams to support the patient-centereddeleted text endnew text begin designated
providers to serve as
new text end health deleted text beginhomedeleted text endnew text begin homesnew text end and provide the services described in subdivision
3 to individuals eligible under subdivision 2. The commissioner shall apply for grants
deleted text beginor contractsdeleted text end as provided under section 3502 of the Patient Protection and Affordable
Care Act to establish health deleted text beginteamsdeleted text endnew text begin homesnew text end and provide capitated payments to deleted text beginprimary
care
deleted text endnew text begin designatednew text end providers. For purposes of this section, deleted text begin"health teams"deleted text endnew text begin "designated
provider"
new text end means deleted text begincommunity-based, interdisciplinary, interprofessional teams of health
care providers that support primary care practices. These providers may include medical
specialists, nurses, advanced practice registered nurses, pharmacists, nutritionists, social
workers, behavioral and mental health providers, doctors of chiropractic, licensed
complementary and alternative medicine practitioners, and physician assistants.
deleted text endnew text begin a
physician, clinical practice or clinical group practice, rural clinic, community health
center, community mental health center, or any other entity or provider that is determined
by the commissioner to be qualified to be a health home for eligible individuals. This
determination must be based on documentation evidencing that the designated provider
has the systems and infrastructure in place to provide health home services and satisfies the
qualification standards established by the commissioner in consultation with stakeholders
and approved by the Centers for Medicare and Medicaid Services.
new text end

new text begin (b) The commissioner shall develop and implement certification standards for
designated providers under this subdivision.
new text end

Subd. 5.

Payments.

The commissioner shall make payments to each deleted text beginhealth home
and each health team
deleted text endnew text begin designated providernew text end for the provision of health home services new text begin
described in subdivision 3
new text endto each eligible individual deleted text beginwith chronic conditionsdeleted text endnew text begin under
subdivision 2
new text end that selects the health home as a provider.

Subd. 6.

Coordination.

The commissioner, to the extent feasible, shall ensure that
the requirements and payment methods for deleted text beginhealth homes and health teamsdeleted text endnew text begin designated
providers
new text end developed under this section are consistent with the requirements and payment
methods for health care homes established under sections 256B.0751 and 256B.0753. The
commissioner may modify requirements and payment methods under sections 256B.0751
and 256B.0753 in order to be consistent with federal health home requirements and
payment methods.

new text begin Subd. 8. new text end

new text begin Evaluation and continued development. new text end

new text begin (a) For continued certification
under this section, health homes must meet process, outcome, and quality standards
developed and specified by the commissioner. The commissioner shall collect data from
health homes as necessary to monitor compliance with certification standards.
new text end

new text begin (b) The commissioner may contract with a private entity to evaluate patient and
family experiences, health care utilization, and costs.
new text end

new text begin (c) The commissioner shall utilize findings from the implementation of behavioral
health homes to determine populations to serve under subsequent health home models
for individuals with chronic conditions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, 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 2014, section 256B.75, is amended to read:


256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

(a) For outpatient hospital facility fee payments for services rendered on or after
October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted
charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those
services for which there is a federal maximum allowable payment. Effective for services
rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital
facility fees and emergency room facility fees shall be increased by eight percent over the
rates in effect on December 31, 1999, except for those services for which there is a federal
maximum allowable payment. Services for which there is a federal maximum allowable
payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum
allowable payment. Total aggregate payment for outpatient hospital facility fee services
shall not exceed the Medicare upper limit. If it is determined that a provision of this
section conflicts with existing or future requirements of the United States government with
respect to federal financial participation in medical assistance, the federal requirements
prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to
avoid reduced federal financial participation resulting from rates that are in excess of
the Medicare upper limitations.

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and
ambulatory surgery hospital facility fee services for critical access hospitals designated
under section 144.1483, clause (9), shall be paid on a cost-based payment system that is
based on the cost-finding methods and allowable costs of the Medicare program.new text begin Effective
for services provided on or after July 1, 2015, rates established for critical access hospitals
under this paragraph for the applicable payment year shall be the final payment and shall
not be settled to actual costs.
new text end

(c) Effective for services provided on or after July 1, 2003, rates that are based
on the Medicare outpatient prospective payment system shall be replaced by a budget
neutral prospective payment system that is derived using medical assistance data. The
commissioner shall provide a proposal to the 2003 legislature to define and implement
this provision.

(d) For fee-for-service services provided on or after July 1, 2002, the total payment,
before third-party liability and spenddown, made to hospitals for outpatient hospital
facility services is reduced by .5 percent from the current statutory rate.

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service
services provided on or after July 1, 2003, made to hospitals for outpatient hospital
facility services before third-party liability and spenddown, is reduced five percent from
the current statutory rates. Facilities defined under section 256.969, subdivision 16, are
excluded from this paragraph.

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for
fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is reduced three
percent from the current statutory rates. Mental health services and facilities defined under
section 256.969, subdivision 16, are excluded from this paragraph.

Sec. 15.

Minnesota Statutes 2014, section 256B.76, subdivision 2, is amended to read:


Subd. 2.

Dental reimbursement.

(a) Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for dental services as follows:

(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25
percent above the rate in effect on June 30, 1992; and

(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases.

(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments
shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.

(c) Effective for services rendered on or after January 1, 2000, payment rates for
dental services shall be increased by three percent over the rates in effect on December
31, 1999.

(d) Effective for services provided on or after January 1, 2002, payment for
diagnostic examinations and dental x-rays provided to children under age 21 shall be the
lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.

(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1,
2000, for managed care.

(f) Effective for dental services rendered on or after October 1, 2010, by a
state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based
on the Medicare principles of reimbursement. This payment shall be effective for services
rendered on or after January 1, 2011, to recipients enrolled in managed care plans or
county-based purchasing plans.

(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics
in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal
year, a supplemental state payment equal to the difference between the total payments
in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated
services for the operation of the dental clinics.

deleted text begin (h) If the cost-based payment system for state-operated dental clinics described in
paragraph (f) does not receive federal approval, then state-operated dental clinics shall be
designated as critical access dental providers under subdivision 4, paragraph (b), and shall
receive the critical access dental reimbursement rate as described under subdivision 4,
paragraph (a).
deleted text end

deleted text begin (i)deleted text endnew text begin (h)new text end Effective for services rendered on or after September 1, 2011, through June
30, 2013, payment rates for dental services shall be reduced by three percent. This
reduction does not apply to state-operated dental clinics in paragraph (f).

deleted text begin (j)deleted text endnew text begin (i)new text end Effective for services rendered on or after January 1, 2014, payment rates for
dental services shall be increased by five percent from the rates in effect on December
31, 2013. This increase does not apply to state-operated dental clinics in paragraph (f),
federally qualified health centers, rural health centers, and Indian health services. Effective
January 1, 2014, payments made to managed care plans and county-based purchasing
plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase
described in this paragraph.

new text begin (j) Effective for services rendered on or after January 1, 2016, payment rates for
dental services shall be set to the percentage of 2012 fee-for-service submitted charges
that results in a 15 percent increase in the aggregate payment for dental services from
the rates in effect on December 31, 2015.
new text end

Sec. 16.

Minnesota Statutes 2014, section 256B.76, subdivision 4, is amended to read:


Subd. 4.

Critical access dental providers.

(a) Effective for dental services
rendered on or after January 1, 2002, the commissioner shall increase reimbursements
to dentists and dental clinics deemed by the commissioner to be critical access dental
providers. deleted text beginFor dental services rendered on or after July 1, 2007, the commissioner shall
increase reimbursement by 35 percent above the reimbursement rate that would otherwise
be paid to the critical access dental provider.
deleted text end The commissioner shall pay the managed
care plans and county-based purchasing plans in amounts sufficient to reflect increased
reimbursements to critical access dental providers as approved by the commissioner.

new text begin (b) For dental services rendered on or after January 1, 2016, the commissioner
shall reimburse a critical access dental provider that is not a community health clinic an
additional 20 percent above the payment rate specified in subdivision 2.
new text end

new text begin (c) For dental services rendered on or after January 1, 2016, the commissioner
shall reimburse a critical access dental provider that is also a community health clinic an
additional 17.4 percent above the payment rate specified in subdivision 2.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end The commissioner shall designate the following dentists and dental clinics as
critical access dental providers:

(1) nonprofit community clinics that:

(i) have nonprofit status in accordance with chapter 317A;

(ii) have tax exempt status in accordance with the Internal Revenue Code, section
501(c)(3);

(iii) are established to provide oral health services to patients who are low income,
uninsured, have special needs, and are underserved;

(iv) have professional staff familiar with the cultural background of the clinic's
patients;

(v) charge for services on a sliding fee scale designed to provide assistance to
low-income patients based on current poverty income guidelines and family size;

(vi) do not restrict access or services because of a patient's financial limitations
or public assistance status; and

(vii) have free care available as needed;

(2) federally qualified health centers, rural health clinics, and public health clinics;

(3) city or county owned and operated hospital-based dental clinics;

(4) a dental clinic or dental group owned and operated by a nonprofit corporation in
accordance with chapter 317A with more than 10,000 patient encounters per year with
patients who are uninsured or covered by medical assistance or MinnesotaCare;

(5) a dental clinic owned and operated by the University of Minnesota or the
Minnesota State Colleges and Universities system; and

(6) private practicing dentists if:

(i) the dentist's office is located within a health professional shortage area as defined
under Code of Federal Regulations, title 42, part 5, and United States Code, title 42,
section 254E;

(ii) more than 50 percent of the dentist's patient encounters per year are with patients
who are uninsured or covered by medical assistance or MinnesotaCare;

(iii) the dentist does not restrict access or services because of a patient's financial
limitations or public assistance status; and

(iv) the level of service provided by the dentist is critical to maintaining adequate
levels of patient access within the service area in which the dentist operates.

deleted text begin (c)deleted text endnew text begin (e)new text end A designated critical access clinic shall receive the reimbursement rate
specified in paragraph (a) for dental services provided off site at a private dental office if
the following requirements are met:

(1) the designated critical access dental clinic is located within a health professional
shortage area as defined under Code of Federal Regulations, title 42, part 5, and United
States Code, title 42, section 254E, and is located outside the seven-county metropolitan
area;

(2) the designated critical access dental clinic is not able to provide the service
and refers the patient to the off-site dentist;

(3) the service, if provided at the critical access dental clinic, would be reimbursed
at the critical access reimbursement rate;

(4) the dentist and allied dental professionals providing the services off site are
licensed and in good standing under chapter 150A;

(5) the dentist providing the services is enrolled as a medical assistance provider;

(6) the critical access dental clinic submits the claim for services provided off site
and receives the payment for the services; and

(7) the critical access dental clinic maintains dental records for each claim submitted
under this paragraph, including the name of the dentist, the off-site location, and the
license number of the dentist and allied dental professionals providing the services.

Sec. 17.

new text begin [256B.79] INTEGRATED CARE FOR HIGH-RISK PREGNANT
WOMEN.
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 them.
new text end

new text begin (b) "Adverse outcomes" means maternal opiate addiction, other reportable prenatal
substance abuse, low birth weight, or preterm birth.
new text end

new text begin (c) "Qualified integrated perinatal care collaborative" or "collaborative" means
a combination of (1) members of community-based organizations that represent
communities within the identified targeted populations, and (2) local or tribally based
service entities, including health care, public health, social services, mental health,
chemical dependency treatment, and community-based providers, determined by the
commissioner to meet the criteria for the provision of integrated care and enhanced
services for enrollees within targeted populations.
new text end

new text begin (d) "Targeted populations" means pregnant medical assistance enrollees residing
in geographic areas identified by the commissioner as being at above-average risk for
adverse outcomes.
new text end

new text begin Subd. 2. new text end

new text begin Pilot program established. new text end

new text begin The commissioner shall implement a pilot
program to improve birth outcomes and strengthen early parental resilience for pregnant
women who are medical assistance enrollees, are at significantly elevated risk for adverse
outcomes of pregnancy, and are in targeted populations. The program must promote the
provision of integrated care and enhanced services to these pregnant women, including
postpartum coordination to ensure ongoing continuity of care, by qualified integrated
perinatal care collaboratives.
new text end

new text begin Subd. 3. new text end

new text begin Grant awards. new text end

new text begin The commissioner shall award grants to qualifying
applicants to support interdisciplinary, integrated perinatal care. Grants must be awarded
beginning July 1, 2016. Grant funds must be distributed through a request for proposals
process to a designated lead agency within an entity that has been determined to be a
qualified integrated perinatal care collaborative or within an entity in the process of
meeting the qualifications to become a qualified integrated perinatal care collaborative.
Grant awards must be used to support interdisciplinary, team-based needs assessments,
planning, and implementation of integrated care and enhanced services for targeted
populations. In determining grant award amounts, the commissioner shall consider the
identified health and social risks linked to adverse outcomes and attributed to enrollees
within the identified targeted population.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility for grants. new text end

new text begin To be eligible for a grant under this section, an
entity must show that the entity meets or is in the process of meeting qualifications
established by the commissioner to be a qualified integrated perinatal care collaborative.
These qualifications must include evidence that the entity has or is in the process of
developing policies, services, and partnerships to support interdisciplinary, integrated care.
The policies, services, and partnerships must meet specific criteria and be approved by the
commissioner. The commissioner shall establish a process to review the collaborative's
capacity for interdisciplinary, integrated care, to be reviewed at the commissioner's
discretion. In determining whether the entity meets the qualifications for a qualified
integrated perinatal care collaborative, the commissioner shall verify and review whether
the entity's policies, services, and partnerships:
new text end

new text begin (1) optimize early identification of drug and alcohol dependency and abuse during
pregnancy, effectively coordinate referrals and follow-up of identified patients to
evidence-based or evidence-informed treatment, and integrate perinatal care services with
behavioral health and substance abuse services;
new text end

new text begin (2) enhance access to, and effective use of, needed health care or tribal health care
services, public health or tribal public health services, social services, mental health
services, chemical dependency services, or services provided by community-based
providers by bridging cultural gaps within systems of care and by integrating
community-based paraprofessionals such as doulas and community health workers as
routinely available service components;
new text end

new text begin (3) encourage patient education about prenatal care, birthing, and postpartum
care, and document how patient education is provided. Patient education may include
information on nutrition, reproductive life planning, breastfeeding, and parenting;
new text end

new text begin (4) integrate child welfare case planning with substance abuse treatment planning
and monitoring, as appropriate;
new text end

new text begin (5) effectively systematize screening, collaborative care planning, referrals, and
follow up for behavioral and social risks know to be associated with adverse outcomes
and known to be prevalent within the targeted populations;
new text end

new text begin (6) facilitate ongoing continuity of care to include postpartum coordination and
referrals for interconception care, continued treatment for substance abuse, identification
and referrals for maternal depression and other chronic mental health conditions,
continued medication management for chronic diseases, and appropriate referrals to tribal
or county-based social services agencies and tribal or county-based public health nursing
services; and
new text end

new text begin (7) implement ongoing quality improvement activities as determined by the
commissioner, including collection and use of data from qualified providers on metrics
of quality such as health outcomes and processes of care, and the use of other data that
has been collected by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Gaps in communication, support, and care. new text end

new text begin A collaborative receiving
a grant under this section must develop means of identifying and reporting gaps in the
collaborative's communication, administrative support, and direct care that must be
remedied for the collaborative to effectively provide integrated care and enhanced services
to targeted populations.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 31, 2019, the commissioner shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services policy and finance on the status and progress of the pilot program.
The report must:
new text end

new text begin (1) describe the capacity of collaboratives receiving grants under this section;
new text end

new text begin (2) contain aggregate information about enrollees served within targeted populations;
new text end

new text begin (3) describe the utilization of enhanced prenatal services;
new text end

new text begin (4) for enrollees identified with maternal substance use disorders, describe the
utilization of substance use treatment and dispositions of any child protection cases;
new text end

new text begin (5) contain data on outcomes within targeted populations and compare these
outcomes to outcomes statewide, using standard categories of race and ethnicity; and
new text end

new text begin (6) include recommendations for continuing the program or sustaining improvements
through other means beyond June 30, 2019.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2019.
new text end

Sec. 18.

Minnesota Statutes 2014, section 256L.01, subdivision 3a, is amended to read:


Subd. 3a.

Family.

(a) new text beginExcept as provided in paragraphs (c) and (d), new text end"family" has
the meaning given for family and family size as defined in Code of Federal Regulations,
title 26, section 1.36B-1.

(b) The term includes children who are temporarily absent from the household in
settings such as schools, camps, or parenting time with noncustodial parents.

new text begin (c) For an individual who does not expect to file a federal tax return and does not
expect to be claimed as a dependent for the applicable tax year, "family" has the meaning
given in Code of Federal Regulations, title 42, section 435.603(f)(3).
new text end

new text begin (d) For a married couple, "family" has the meaning given in Code of Federal
Regulations, title 42, section 435.603(f)(4).
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. 19.

Minnesota Statutes 2014, section 256L.01, subdivision 5, is amended to read:


Subd. 5.

Income.

"Income" has the meaning given for modified adjusted gross
income, as defined in Code of Federal Regulations, title 26, section 1.36B-1deleted text begin.deleted text endnew text begin, and means a
household's projected annual income for the applicable tax year
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. 20.

Minnesota Statutes 2014, section 256L.03, subdivision 5, is amended to read:


Subd. 5.

Cost-sharing.

(a) Except as otherwise provided in this subdivision, the
MinnesotaCare benefit plan shall include the following cost-sharing requirements for all
enrollees:

(1) $3 per prescription for adult enrollees;

(2) $25 for eyeglasses for adult enrollees;

(3) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist;

(4) $6 for nonemergency visits to a hospital-based emergency room for services
provided through December 31, 2010, and $3.50 effective January 1, 2011; and

(5) a family deductible equal to deleted text beginthe maximum amount allowed under Code of
Federal Regulations, title 42, part 447.54
deleted text enddeleted text begin.deleted text endnew text begin $2.75 per month per family and adjusted
annually by the percentage increase in the medical care component of the CPI-U for
the period of September to September of the preceding calendar year, rounded to the
next-higher five cent increment.
new text end

(b) Paragraph (a) does not apply to children under the age of 21new text begin and to American
Indians as defined in Code of Federal Regulations, title 42, section 447.51
new text end.

(c) Paragraph (a), clause (3), does not apply to mental health services.

(d) MinnesotaCare reimbursements to fee-for-service providers and payments to
managed care plans or county-based purchasing plans shall not be increased as a result of
the reduction of the co-payments in paragraph (a), clause (4), effective January 1, 2011.

(e) The commissioner, through the contracting process under section 256L.12,
may allow managed care plans and county-based purchasing plans to waive the family
deductible under paragraph (a), clause (5). The value of the family deductible shall not be
included in the capitation payment to managed care plans and county-based purchasing
plans. Managed care plans and county-based purchasing plans shall certify annually to the
commissioner the dollar value of the family deductible.

new text begin (f) The commissioner shall increase co-payments for covered services in a manner
sufficient to reduce the actuarial value of the benefit to 94 percent. The cost-sharing
charges described in this paragraph do not apply to eligible recipients or services exempt
from cost-sharing under state law. The cost-sharing changes described in this paragraph
shall not be implemented prior to January 1, 2016.
new text end

new text begin (g) The cost-sharing changes authorized under paragraph (f) must satisfy the
requirements for cost-sharing under the Basic Health Program as set forth in Code of
Federal Regulations, title 42, sections 600.510 and 600.520.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to paragraph (a), clause (5), is effective
retroactively from January 1, 2014. The amendment to paragraph (b) is effective the
day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2014, section 256L.04, subdivision 1a, is amended to read:


Subd. 1a.

Social Security number deleted text beginrequireddeleted text end.

deleted text begin(a)deleted text end Individuals and families applying
for MinnesotaCare coverage must provide a Social Security numbernew text begin if required in Code of
Federal Regulations, title 45, section 155.310(a)(3)
new text end.

deleted text begin (b) The commissioner shall not deny eligibility to an otherwise eligible applicant
who has applied for a Social Security number and is awaiting issuance of that Social
Security number.
deleted text end

deleted text begin (c) Newborns enrolled under section 256L.05, subdivision 3, are exempt from the
requirements of this subdivision.
deleted text end

deleted text begin (d) Individuals who refuse to provide a Social Security number because of
well-established religious objections are exempt from the requirements of this subdivision.
The term "well-established religious objections" has the meaning given in Code of Federal
Regulations, title 42, section 435.910.
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. 22.

Minnesota Statutes 2014, section 256L.04, subdivision 1c, is amended to read:


Subd. 1c.

General requirements.

To be eligible for deleted text begincoverage underdeleted text end MinnesotaCare,
a person must meet the eligibility requirements of this section. A person eligible for
MinnesotaCare shall not be considered a qualified individual under section 1312 of the
Affordable Care Act, and is not eligible for enrollment in a qualified health plan offered
through MNsure under chapter 62V.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2014, section 256L.04, subdivision 7b, is amended to read:


Subd. 7b.

Annual income limits adjustment.

The commissioner shall adjust the
income limits under this section deleted text begineach July 1 by the annual update of the federal poverty
guidelines following publication by the United States Department of Health and Human
Services except that the income standards shall not go below those in effect on July 1,
2009
deleted text endnew text begin annually on January 1 as provided in Code of Federal Regulations, title 26, section
1.36B-1(h)
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. 24.

Minnesota Statutes 2014, section 256L.04, subdivision 10, is amended to read:


Subd. 10.

Citizenship requirements.

(a) Eligibility for MinnesotaCare is limited
to citizens or nationals of the United States and lawfully present noncitizens as defined
in Code of Federal Regulations, title deleted text begin8deleted text endnew text begin 45new text end, section deleted text begin103.12deleted text endnew text begin 152.2new text end. Undocumented
noncitizens are ineligible for MinnesotaCare. For purposes of this subdivision, an
undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the United States Citizenship and Immigration Services.
Families with children who are citizens or nationals of the United States must cooperate in
obtaining satisfactory documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.

(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and
individuals who are lawfully present and ineligible for medical assistance by reason of
immigration status and who have incomes equal to or less than 200 percent of federal
poverty guidelines.

Sec. 25.

Minnesota Statutes 2014, section 256L.05, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Eligibility and coverage. new text end

new text begin For purposes of this chapter, an individual
is eligible for MinnesotaCare following a determination by the commissioner that the
individual meets the eligibility criteria for the applicable period of eligibility. For an
individual required to pay a premium, coverage is only available in each month of the
applicable period of eligibility for which a premium is paid.
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. 26.

Minnesota Statutes 2014, section 256L.05, subdivision 3, is amended to read:


Subd. 3.

Effective date of coverage.

(a) The effective date of coverage is the first
day of the month following the month in which eligibility is approved and the first premium
payment has been received. The effective date of coverage for new members added to the
family is the first day of the month following the month in which the change is reported. All
eligibility criteria must be met by the family at the time the new family member is added.
The income of the new family member is included with the family's modified adjusted gross
income and the adjusted premium begins in the month the new family member is added.

(b) The initial premium must be received by the last working day of the month for
coverage to begin the first day of the following month.

(c) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to
256L.18 are secondary to a plan of insurance or benefit program under which an eligible
person may have coverage and the commissioner shall use cost avoidance techniques to
ensure coordination of any other health coverage for eligible persons. The commissioner
shall identify eligible persons who may have coverage or benefits under other plans of
insurance or who become eligible for medical assistance.

(d) The effective date of coverage for individuals or families who are exempt from
paying premiums under section 256L.15, subdivision 1, paragraph (c), is the first day of
the month following the month in which deleted text beginverification of American Indian status is received
or
deleted text end eligibility is approveddeleted text begin, whichever is laterdeleted text end.

Sec. 27.

Minnesota Statutes 2014, section 256L.05, subdivision 3a, is amended to read:


Subd. 3a.

deleted text beginRenewaldeleted text endnew text begin Redeterminationnew text end of eligibility.

(a) deleted text beginBeginning July 1, 2007,deleted text end An
enrollee's eligibility must be deleted text beginrenewed every 12 monthsdeleted text endnew text begin redetermined on an annual basisnew text end.
deleted text beginThe 12-month period begins in the month after the month the application is approved.deleted text endnew text begin The
period of eligibility is the entire calendar year following the year in which eligibility is
redetermined. Beginning in calendar year 2015, eligibility redeterminations shall occur
during the open enrollment period for qualified health plans as specified in Code of
Federal Regulations, title 45, section 155.410.
new text end

(b) Each new period of eligibility must take into account any changes in
circumstances that impact eligibility and premium amount. deleted text beginAn enrollee must provide all
the information needed to redetermine eligibility by the first day of the month that ends
the eligibility period. The premium for the new period of eligibility must be received
deleted text endnew text begin
Coverage begins
new text end as provided in section 256L.06 deleted text beginin order for eligibility to continuedeleted text end.

deleted text begin (c) For children enrolled in MinnesotaCare, the first period of renewal begins the
month the enrollee turns 21 years of age.
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. 28.

Minnesota Statutes 2014, section 256L.05, subdivision 4, is amended to read:


Subd. 4.

Application processing.

The commissioner of human services shall
determine an applicant's eligibility for MinnesotaCare no more than deleted text begin30deleted text endnew text begin 45new text end days from the
date that the application is received by the Department of Human Servicesnew text begin as set forth in
Code of Federal Regulations, title 42, section 435.912
new text end. deleted text beginBeginning January 1, 2000, this
requirement also applies to local county human services agencies that determine eligibility
for MinnesotaCare.
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. 29.

Minnesota Statutes 2014, section 256L.06, subdivision 3, is amended to read:


Subd. 3.

Commissioner's duties and payment.

(a) Premiums are dedicated to the
commissioner for MinnesotaCare.

(b) The commissioner shall develop and implement procedures to: (1) require
enrollees to report changes in income; (2) adjust sliding scale premium payments, based
upon both increases and decreases in enrollee income, at the time the change in income
is reported; and (3) disenroll enrollees from MinnesotaCare for failure to pay required
premiums. Failure to pay includes payment with a dishonored check, a returned automatic
bank withdrawal, or a refused credit card or debit card payment. The commissioner may
demand a guaranteed form of payment, including a cashier's check or a money order, as
the only means to replace a dishonored, returned, or refused payment.

(c) Premiums are calculated on a calendar month basis and may be paid on a
monthly, quarterly, or semiannual basis, with the first payment due upon notice from the
commissioner of the premium amount required. The commissioner shall inform applicants
and enrollees of these premium payment options. Premium payment is required before
enrollment is complete and to maintain eligibility in MinnesotaCare. Premium payments
received before noon are credited the same day. Premium payments received after noon
are credited on the next working day.

(d) Nonpayment of the premium will result in disenrollment from the plan
effective for the calendar month new text beginfollowing the month new text endfor which the premium was due.
Persons disenrolled for nonpayment deleted text beginwho pay all past due premiums as well as current
premiums due, including premiums due for the period of disenrollment, within 20 days of
disenrollment, shall be reenrolled retroactively to the first day of disenrollment
deleted text endnew text begin may not
reenroll prior to the first day of the month following the payment of an amount equal to
two months' premiums
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. 30.

Minnesota Statutes 2014, section 256L.11, subdivision 7, is amended to read:


Subd. 7.

Critical access dental providers.

new text begin(a) new text endEffective for dental services provided
to MinnesotaCare enrollees on or after January 1, 2007, through August 31, 2011, the
commissioner shall increase payment rates to dentists and dental clinics deemed by the
commissioner to be critical access providers under section 256B.76, subdivision 4, by 50
percent above the payment rate that would otherwise be paid to the provider. Effective for
dental services provided on or after September 1, 2011, the commissioner shall increase
the payment rate by 30 percent above the payment rate that would otherwise be paid to
the provider. The commissioner shall pay the prepaid health plans under contract with
the commissioner amounts sufficient to reflect this rate increase. The prepaid health plan
must pass this rate increase to providers who have been identified by the commissioner as
critical access dental providers under section 256B.76, subdivision 4.

new text begin (b) Effective for services provided on or after January 1, 2016, the commissioner
shall no longer provide a critical access dental add-on in the MinnesotaCare program.
new text end

Sec. 31.

Minnesota Statutes 2014, section 256L.121, subdivision 1, is amended to read:


Subdivision 1.

Competitive process.

The commissioner of human services shall
establish a competitive process for entering into contracts with participating entities for
the offering of standard health plans through MinnesotaCare. Coverage through standard
health plans must be available to enrollees beginning January 1, 2015. Each standard
health plan must cover the health services listed in and meet the requirements of section
256L.03. The competitive process must meet the requirements of section 1331 of the
Affordable Care Act and be designed to ensure enrollee access to high-quality health care
coverage options. The commissioner, to the extent feasible, shall seek to ensure that
enrollees have a choice of coverage from more than one participating entity within a
geographic area. In counties that were part of a county-based purchasing plan on January
1, 2013, the commissioner shall use the medical assistance competitive procurement
process under section 256B.69, deleted text beginsubdivisions 1deleted text enddeleted text begin to 32,deleted text end under which selection of entities is
based on criteria related to provider network access, coordination of health care with other
local services, alignment with local public health goals, and other factors.

Sec. 32.

Minnesota Statutes 2014, section 256L.15, subdivision 2, is amended to read:


Subd. 2.

Sliding fee scale; monthly individual or family income.

(a) The
commissioner shall establish a sliding fee scale to determine the percentage of monthly
individual or family income that households at different income levels must pay to obtain
coverage through the MinnesotaCare program. The sliding fee scale must be based on the
enrollee's monthly individual or family income.

(b) deleted text beginBeginningdeleted text endnew text begin Betweennew text end January 1, 2014, new text beginand December 31, 2015, new text endMinnesotaCare
enrollees shall pay premiums according to the premium scale specified in paragraph deleted text begin(c)
with the exception that children 20 years of age and younger in families with income at or
below 200 percent of the federal poverty guidelines shall pay no premiums
deleted text endnew text begin (d)new text end.new text begin Beginning
January 1, 2016, MinnesotaCare enrollees shall pay premiums according to the premium
scale specified in paragraph (e).
new text end

new text begin (c) Paragraph (b) does not apply to:
new text end

new text begin (1) children 20 years of age or younger; and
new text end

new text begin (2) individuals with household incomes below 35 percent of the federal poverty
guidelines.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end The following premium scale is established for each individual in the
household who is 21 years of age or older and enrolled in MinnesotaCare:

Federal Poverty Guideline
Greater than or Equal to
Less than
Individual Premium
Amount
deleted text begin 0% deleted text end new text begin 35%
new text end
55%
$4
55%
80%
$6
80%
90%
$8
90%
100%
$10
100%
110%
$12
110%
120%
deleted text begin $15 deleted text end new text begin $14
new text end
120%
130%
deleted text begin $18 deleted text end new text begin $15
new text end
130%
140%
deleted text begin $21 deleted text end new text begin $16
new text end
140%
150%
$25
150%
160%
$29
160%
170%
$33
170%
180%
$38
180%
190%
$43
190%
$50

new text begin (e) Beginning January 1, 2016, the following premium scale is established for each
individual in the household who is 21 years of age or older and enrolled in MinnesotaCare:
new text end

new text begin Federal Poverty Guideline
Greater than or Equal to
new text end
new text begin Less than
new text end
new text begin Individual Premium
Amount
new text end
new text begin 35%
new text end
new text begin 55%
new text end
new text begin $4
new text end
new text begin 55%
new text end
new text begin 80%
new text end
new text begin $6
new text end
new text begin 80%
new text end
new text begin 90%
new text end
new text begin $8
new text end
new text begin 90%
new text end
new text begin 100%
new text end
new text begin $10
new text end
new text begin 100%
new text end
new text begin 110%
new text end
new text begin $12
new text end
new text begin 110%
new text end
new text begin 120%
new text end
new text begin $14
new text end
new text begin 120%
new text end
new text begin 130%
new text end
new text begin $15
new text end
new text begin 130%
new text end
new text begin 140%
new text end
new text begin $16
new text end
new text begin 140%
new text end
new text begin 150%
new text end
new text begin $25
new text end
new text begin 150%
new text end
new text begin 160%
new text end
new text begin $36
new text end
new text begin 160%
new text end
new text begin 170%
new text end
new text begin $42
new text end
new text begin 170%
new text end
new text begin 180%
new text end
new text begin $51
new text end
new text begin 180%
new text end
new text begin 190%
new text end
new text begin $58
new text end
new text begin 190%
new text end
new text begin $68
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. 33.

Minnesota Statutes 2014, section 282.241, subdivision 1, is amended to read:


Subdivision 1.

Repurchase requirements.

The owner at the time of forfeiture, or
the owner's heirs, devisees, or representatives, or any person to whom the right to pay
taxes was given by statute, mortgage, or other agreement, may repurchase any parcel
of land claimed by the state to be forfeited to the state for taxes unless before the time
repurchase is made the parcel is sold under installment payments, or otherwise, by the
state as provided by law, or is under mineral prospecting permit or lease, or proceedings
have been commenced by the state or any of its political subdivisions or by the United
States to condemn the parcel of land. The parcel of land may be repurchased for the sum
of all delinquent taxes and assessments computed under section 282.251, together with
penalties, interest, and costs, that accrued or would have accrued if the parcel of land had
not forfeited to the state. Except for property which was homesteaded on the date of
forfeiture, repurchase is permitted during one year only from the date of forfeiture, and in
any case only after the adoption of a resolution by the board of county commissioners
determining that by repurchase undue hardship or injustice resulting from the forfeiture
will be corrected, or that permitting the repurchase will promote the use of the lands that
will best serve the public interest. If the county board has good cause to believe that
a repurchase installment payment plan for a particular parcel is unnecessary and not
in the public interest, the county board may require as a condition of repurchase that
the entire repurchase price be paid at the time of repurchase. A repurchase is subject
to any new text beginencumbrance allowed under section 256B.15 or 514.981, and to anynew text end easement,
lease, or other encumbrance granted by the state before the repurchase, and if the land is
located within a restricted area established by any county under Laws 1939, chapter 340,
the repurchase must not be permitted unless the resolution approving the repurchase is
adopted by the unanimous vote of the board of county commissioners.

The person seeking to repurchase under this section shall pay all maintenance costs
incurred by the county auditor during the time the property was tax-forfeited.

Sec. 34.

Minnesota Statutes 2014, section 297A.70, subdivision 7, is amended to read:


Subd. 7.

Hospitals, outpatient surgical centers, and critical access dental
providers.

(a) Sales, except for those listed in paragraph (d), to a hospital are exempt,
if the items purchased are used in providing hospital services. For purposes of this
subdivision, "hospital" means a hospital organized and operated for charitable purposes
within the meaning of section 501(c)(3) of the Internal Revenue Code, and licensed under
chapter 144 or by any other jurisdiction, and "hospital services" are services authorized or
required to be performed by a "hospital" under chapter 144.

(b) Sales, except for those listed in paragraph (d), to an outpatient surgical center
are exempt, if the items purchased are used in providing outpatient surgical services. For
purposes of this subdivision, "outpatient surgical center" means an outpatient surgical
center organized and operated for charitable purposes within the meaning of section
501(c)(3) of the Internal Revenue Code, and licensed under chapter 144 or by any other
jurisdiction. For the purposes of this subdivision, "outpatient surgical services" means:
(1) services authorized or required to be performed by an outpatient surgical center under
chapter 144; and (2) urgent care. For purposes of this subdivision, "urgent care" means
health services furnished to a person whose medical condition is sufficiently acute to
require treatment unavailable through, or inappropriate to be provided by, a clinic or
physician's office, but not so acute as to require treatment in a hospital emergency room.

(c) Sales, except for those listed in paragraph (d), to a critical access dental provider
are exempt, if the items purchased are used in providing critical access dental care
services. For the purposes of this subdivision, "critical access dental provider" means a
dentist or dental clinic that qualifies under section 256B.76, subdivision 4, paragraph deleted text begin(b)deleted text endnew text begin
(d)
new text end, and, in the previous calendar year, had no more than 15 percent of its patients covered
by private dental insurance.

(d) This exemption does not apply to the following products and services:

(1) purchases made by a clinic, physician's office, or any other medical facility not
operating as a hospital, outpatient surgical center, or critical access dental provider, even
though the clinic, office, or facility may be owned and operated by a hospital, outpatient
surgical center, or critical access dental provider;

(2) sales under section 297A.61, subdivision 3, paragraph (g), clause (2), and
prepared food, candy, and soft drinks;

(3) building and construction materials used in constructing buildings or facilities
that will not be used principally by the hospital, outpatient surgical center, or critical
access dental provider;

(4) building, construction, or reconstruction materials purchased by a contractor or a
subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed
maximum price covering both labor and materials for use in the construction, alteration, or
repair of a hospital, outpatient surgical center, or critical access dental provider; or

(5) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11.

(e) A limited liability company also qualifies for exemption under this subdivision if
(1) it consists of a sole member that would qualify for the exemption, and (2) the items
purchased qualify for the exemption.

(f) An entity that contains both a hospital and a nonprofit unit may claim this
exemption on purchases made for both the hospital and nonprofit unit provided that:

(1) the nonprofit unit would have qualified for exemption under subdivision 4; and

(2) the items purchased would have qualified for the exemption.

Sec. 35.

Minnesota Statutes 2014, section 514.73, is amended to read:


514.73 LIENS ASSIGNABLE.

new text begin Subdivision 1. new text end

new text begin Assignment. new text end

All liens given by this chapter new text beginor section 256B.15 new text endare
assignable and may be asserted and enforced by the assignee, new text beginby the assignee's successor or
assigns,
new text end or by the personal representative of any holder thereof in case of the holder's death.

new text begin Subd. 2. new text end

new text begin Redemption. new text end

new text begin The redemption rights of all liens given by section 256B.15
or sections 514.980 to 514.985 are assignable together with all or a portion of any of the
claims secured by those liens and may be asserted and enforced by the assignee,or the
assignee's successor or assigns.
new text end

new text begin Subd. 3. new text end

new text begin Lien payoff information. new text end

new text begin The commissioner or a duly authorized agent of
the commissioner may determine and disclose the amount of the outstanding obligation to
be secured by a lien when a lien or redemption right is assigned .
new text end

Sec. 36.

Minnesota Statutes 2014, section 514.981, subdivision 2, is amended to read:


Subd. 2.

Attachment.

(a) A medical assistance lien attaches and becomes
enforceable against specific real property as of the date when the following conditions
are met:

(1) payments have been made by an agency for a medical assistance benefit;

(2) notice and an opportunity for a hearing have been provided under paragraph (b);

(3) a lien notice has been filed as provided in section 514.982;

(4) if the property is registered property, the lien notice has been memorialized on
the certificate of title of the property affected by the lien notice; and

(5) all restrictions against enforcement have ceased to apply.

(b) An agency may not file a medical assistance lien notice until the medical
assistance recipient or the recipient's legal representative has been sent, by certified or
registered mail, written notice of the agency's lien rights and there has been an opportunity
for a hearing under section 256.045. In addition, the agency may not file a lien notice
unless the agency determines as medically verified by the recipient's attending physician
that the medical assistance recipient cannot reasonably be expected to be discharged from
a medical institution and return homenew text begin or the medical assistance recipient has resided in a
medical institution for six months or longer
new text end.

(c) An agency may not file a medical assistance lien notice against real property
while it is the home of the recipient's spouse.

(d) An agency may not file a medical assistance lien notice against real property that
was the homestead of the medical assistance recipient or the recipient's spouse when the
medical assistance recipient received medical institution services if any of the following
persons are lawfully residing in the property:

(1) a child of the medical assistance recipient if the child is under age 21 or is blind or
permanently and totally disabled according to the Supplemental Security Income criteria;

(2) a child of the medical assistance recipient if the child resided in the homestead
for at least two years immediately before the date the medical assistance recipient received
medical institution services, and the child provided care to the medical assistance recipient
that permitted the recipient to live without medical institution services; or

(3) a sibling of the medical assistance recipient if the sibling has an equity interest in
the property and has resided in the property for at least one year immediately before the
date the medical assistance recipient began receiving medical institution services.

(e) A medical assistance lien applies only to the specific real property described in
the lien notice.

Sec. 37.

Minnesota Statutes 2014, section 580.032, subdivision 1, is amended to read:


Subdivision 1.

Recording request for notice.

A person having a redeemable
interest in real property under section 580.23 or 580.24, may record a request for notice
of a mortgage foreclosure by advertisement with the county recorder or registrar of titles
of the county where the property is located. To be effective for purposes of this section,
a request for notice must be recorded as a separate and distinct document, except a
mechanic's lien statement recorded pursuant to section 514.08 new text beginor a lien recorded pursuant
to sections 256B.15 or 514.981
new text endalso deleted text beginconstitutesdeleted text endnew text begin constitutenew text end a request for notice if the
deleted text beginmechanic'sdeleted text end lien statement includes a legal description of the real property and the name
and mailing address of the deleted text beginmechanic'sdeleted text end lien claimant.

Sec. 38. new text beginSTATEWIDE OPIOID PRESCRIBING IMPROVEMENT PROGRAM.
new text end

new text begin The commissioner of human services, in collaboration with the commissioner of
health, shall report to the legislature by December 1, 2015, on recommendations made
by the opioid prescribing work group under Minnesota Statutes, section 256B.0638,
subdivision 4, and steps taken by the commissioner of human services to implement the
opioid prescribing improvement program under Minnesota Statutes, section 256B.0638,
subdivision 6.
new text end

Sec. 39. new text beginPAYMENT SYSTEM FOR CRITICAL ACCESS DENTAL PROVIDERS.
new text end

new text begin The commissioner of human services, in collaboration with the Dental Services
Advisory Committee, shall make recommendations on modifications to the current
Critical Access Dental Program so that the payment system for critical access dental
providers is based at least 50 percent on measures of quality and outcome measures. These
measures may include but are not limited to provider ability to meet both preventative and
restorative needs of their patients, patient risk and risk reduction over time, or other dental
outcome measures. The commissioner shall submit recommendations to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction
over health and human services and finance by January 15, 2017.
new text end

Sec. 40. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 256.969, subdivision 30; and 256B.69,
subdivision 32,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2014, sections 256L.02, subdivision 3; and 256L.05,
subdivisions 1b, 1c, 3c, and 5,
new text end new text begin are repealed effective the day following final enactment.
new text end

ARTICLE 7

CONTINUING CARE

Section 1.

Minnesota Statutes 2014, section 256.478, is amended to read:


256.478 HOME AND COMMUNITY-BASED SERVICES TRANSITIONS
GRANTS.

deleted text begin (a)deleted text end The commissioner shall make available home and community-based services
transition grants to serve individuals who do not meet eligibility criteria for the medical
assistance program under section 256B.056 or 256B.057, but who otherwise meet the
criteria under section 256B.092, subdivision 13, or 256B.49, subdivision 24.

deleted text begin (b) For the purposes of this section, the commissioner has the authority to transfer
funds between the medical assistance account and the home and community-based
services transitions grants account.
deleted text end

Sec. 2.

Minnesota Statutes 2014, section 256.975, subdivision 8, is amended to read:


Subd. 8.

deleted text beginPromotion ofdeleted text endnew text begin Establishnew text end long-term care deleted text begininsurancedeleted text endnew text begin call centernew text end.

Within
the limits of appropriations specifically for this purpose, the Minnesota Board on Aging,
deleted text begineither directly ordeleted text end through deleted text begincontract,deleted text end new text beginits Senior LinkAge Line established under section
256.975, subdivision 7,
new text endshall deleted text beginpromote the provision of employer-sponsored,deleted text endnew text begin establish
a long-term care call center that promotes planning for long-term care, and provides
information about
new text end long-term care insurancenew text begin, other long-term care financing options, and
resources that support Minnesotans as they age or have more long-term chronic care
needs
new text end. The board shall deleted text beginencourage private and public sector employers to make long-term
care insurance available to employees, provide interested employers with information
on the long-term care insurance product offered to state employees, and provide
deleted text end new text begin work
with a variety of stakeholders, including employers, insurance providers, brokers, or
other sellers of products and consumers to develop the call center. The board shall seek
new text endtechnical assistance deleted text beginto employersdeleted text endnew text begin from the commissionernew text end deleted text beginin designing long-term care
insurance products and contacting companies
deleted text enddeleted text beginoffering long-term care insurance productsdeleted text endnew text begin
for implementation of the call center
new text end.

Sec. 3.

Minnesota Statutes 2014, section 256B.092, subdivision 13, is amended to read:


Subd. 13.

Waiver allocations for transition populations.

(a) The commissioner
shall make available additional waiver allocations and additional necessary resources
to assure timely discharges from the Anoka Metro Regional Treatment Center and the
Minnesota Security Hospital in St. Peter for individuals who meet the following criteria:

(1) are otherwise eligible for the developmental disabilities waiver under this section;

(2) who would otherwise remain at the Anoka Metro Regional Treatment Center or
the Minnesota Security Hospital;

(3) whose discharge would be significantly delayed without the available waiver
allocation; and

(4) who have met treatment objectives and no longer meet hospital level of care.

(b) Additional waiver allocations new text beginand resources new text endunder this subdivision must meet
cost-effectiveness requirements of the federal approved waiver plan.

(c) Any corporate foster care home developed under this subdivision must be
considered an exception under section 245A.03, subdivision 7, paragraph (a).

Sec. 4.

Minnesota Statutes 2014, section 256B.49, subdivision 24, is amended to read:


Subd. 24.

Waiver allocations for transition populations.

(a) The commissioner
shall make available additional waiver allocations and additional necessary resources
to assure timely discharges from the Anoka Metro Regional Treatment Center and the
Minnesota Security Hospital in St. Peter for individuals who meet the following criteria:

(1) are otherwise eligible for the brain injury, community alternatives for disabled
individuals, or community alternative care waivers under this section;

(2) who would otherwise remain at the Anoka Metro Regional Treatment Center or
the Minnesota Security Hospital;

(3) whose discharge would be significantly delayed without the available waiver
allocationnew text begin or resourcesnew text end; and

(4) who have met treatment objectives and no longer meet hospital level of care.

(b) Additional waiver allocationsnew text begin and resourcesnew text end under this subdivision must meet
cost-effectiveness requirements of the federal approved waiver plan.

(c) Any corporate foster care home developed under this subdivision must be
considered an exception under section 245A.03, subdivision 7, paragraph (a).

Sec. 5. new text beginDEVELOPMENT OF LONG-TERM CARE; LIFE STAGE PLANNING
INSURANCE PRODUCT.
new text end

new text begin The commissioner of human services, in consultation with members of the Own
Your Future Advisory Council, the commissioner of commerce, and other stakeholders,
shall conduct research on the feasibility of creating a life stage planning insurance
product that merges term life insurance with long-term care insurance coverage. The
commissioner shall:
new text end

new text begin (1) conduct project evaluation research with consumers;
new text end

new text begin (2) conduct an actuarial analysis to evaluate likely levels for insurer pricing for the
product;
new text end

new text begin (3) meet with insurance carriers to determine interest in pursuing the product;
new text end

new text begin (4) identify specific state laws and regulations that may need to be amended to
make the product available; and
new text end

new text begin (5) develop one or more pilot programs to market test the product.
new text end

Sec. 6. new text beginRATE INCREASE FOR SELF-DIRECTED WORKFORCE
NEGOTIATIONS.
new text end

new text begin (a) If the labor agreement between the state of Minnesota and SEIU Healthcare
Minnesota according to Laws 2013, chapter 128, article 2, is ratified by the legislature, the
commissioner of human services shall increase reimbursement rates, grants, individual
budgets, or allocations by 1.53 percent for services provided on or after July 1, 2015, and
by an additional 0.2 percent for services provided on or after July 1, 2016, as necessary, to
implement and assure compliance with the provisions of the agreement.
new text end

new text begin (b) The rate changes described in this section apply to direct support services
provided through a covered program, as defined in Minnesota Statutes, section 256B.0711,
subdivision 1.
new text end

Sec. 7. new text beginHOME AND COMMUNITY-BASED SERVICES INCENTIVE POOL.
new text end

new text begin The commissioner of human services shall develop an initiative to provide
incentives for innovation in achieving integrated competitive employment, living in
the most integrated setting, and other outcomes determined by the commissioner. The
commissioner shall seek requests for proposals and shall contract with one or more entities
to provide incentive payments for meeting identified outcomes. The initial requests for
proposals must be issued by October 1, 2015. The commissioner of human services shall
submit a report by January 31, 2017, to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services finance on the
outcomes of these projects. The report must include:
new text end

new text begin (1) the request for proposals funds;
new text end

new text begin (2) the amount of incentive payments authorized;
new text end

new text begin (3) the outcomes achieved by each project; and
new text end

new text begin (4) recommendations for further action based on the outcomes achieved.
new text end

ARTICLE 8

HEALTH DEPARTMENT

Section 1.

new text begin [15.445] RETAIL FOOD ESTABLISHMENT FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin The fees in this section are required for retail food handler
and food and beverage service establishments, licensed under chapters 28A and 157.
Permanent retail food handler and food and beverage service establishments must pay
the applicable fee under subdivision 2, paragraph (a), (b), (c), or (d), and all applicable
fees under subdivision 4. Temporary food establishments and special events must pay the
applicable fee under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Permanent food establishments. new text end

new text begin (a) The Category 1 establishment
license fee is $210 annually. "Category 1 establishment" means an establishment that
does one or more of the following:
new text end

new text begin (1) sells only prepackaged nonpotentially hazardous foods as defined in Minnesota
Rules, chapter 4626;
new text end

new text begin (2) provides cleaning for eating, drinking, or cooking utensils, when the only food
served is prepared off-site;
new text end

new text begin (3) operates a childcare facility licensed under section 245A.03 and Minnesota
Rules, chapter 9503; or
new text end

new text begin (4) operates as a retail food handler classified in section 28A.05 and has gross annual
sales of $250,000 or less.
new text end

new text begin (b) The Category 2 establishment license fee is $270 annually. "Category 2
establishment" means an establishment that is not a Category 1 establishment and is either:
new text end

new text begin (1) a food establishment where the method of food preparation meets the definition
of a low-risk establishment in section 157.20; or
new text end

new text begin (2) an elementary or secondary school as defined in section 120A.05.
new text end

new text begin (c) The Category 3 establishment license fee is $460 annually. "Category 3
establishment" means an establishment that is not a Category 1 or 2 establishment and
the method of food preparation meets the definition of a medium-risk establishment in
section 157.20.
new text end

new text begin (d) The Category 4 establishment license fee is $690 annually. "Category 4
establishment" means an establishment that is not a Category 1, 2, or 3 establishment
and is either:
new text end

new text begin (1) a food establishment where the method of food preparation meets the definition
of a high-risk establishment in section 157.20; or
new text end

new text begin (2) an establishment where 500 or more meals per day are prepared at one location
and served at one or more separate locations.
new text end

new text begin Subd. 3. new text end

new text begin Temporary food establishments and special events. new text end

new text begin (a) The special
event food stand license fee is $50 annually. Special event food stand is where food is
prepared or served in conjunction with celebrations, county fairs, or special events from a
special event food stand as defined in section 157.15.
new text end

new text begin (b) The temporary food and beverage service license fee is $210 annually. A
temporary food and beverage service includes food carts, mobile food units, seasonal
temporary food stands, retail food vehicles, portable structures, and seasonal permanent
food stands.
new text end

new text begin Subd. 4. new text end

new text begin Additional applicable fees. new text end

new text begin (a) The individual private sewer or individual
private water license fee is $60 annually. Individual private water is a water supply other
than a community public water supply as covered in Minnesota Rules, chapter 4720.
Individual private sewer is an individual sewage treatment system which uses subsurface
treatment and disposal.
new text end

new text begin (b) The additional food or beverage service license fee is $165 annually. Additional
food or beverage service is a location at a food service establishment, other than the
primary food preparation and service area, used to prepare or serve food or beverages to
the public. Additional food service does not apply to school concession stands.
new text end

new text begin (c) The large retail food handler license fee is .02 percent of gross sales or service
including food service with a maximum fee of $5,000 annually. Large retail food handler
is a fee category added to a license for retail food handlers as classified in section 28A.05
with gross annual sales over $10,000,000.
new text end

new text begin (d) The specialized processing license fee is $400 annually. Specialized processing
is a business that performs one or more specialized processes that require a HACCP as
required in Minnesota Rules, chapter 4626.
new text end

Sec. 2.

Minnesota Statutes 2014, section 62J.498, is amended to read:


62J.498 HEALTH INFORMATION EXCHANGE.

Subdivision 1.

Definitions.

The following definitions apply to sections 62J.498 to
62J.4982:

new text begin (a) "Clinical data repository" means a real time database that consolidates data from
a variety of clinical sources to present a unified view of a single patient.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end "Clinical transaction" means any meaningful use transactionnew text begin or other health
information exchange transaction
new text end that is not covered by section 62J.536.

deleted text begin (b)deleted text endnew text begin (c)new text end "Commissioner" means the commissioner of health.

deleted text begin (c) "Direct health information exchange" means the electronic transmission of
health-related information through a direct connection between the electronic health
record systems of health care providers without the use of a health data intermediary.
deleted text end

(d) "Health care provider" or "provider" means a health care provider or provider as
defined in section 62J.03, subdivision 8.

(e) "Health data intermediary" means an entity that provides the deleted text begininfrastructuredeleted text endnew text begin
technical capabilities or related products and services
new text end to deleted text beginconnect computer systems or
other electronic devices used by health care providers, laboratories, pharmacies, health
plans, third-party administrators, or pharmacy benefit managers to facilitate the secure
transmission of health information, including
deleted text endnew text begin enable health information exchange among
health care providers that are not related health care entities as defined in section 144.291,
subdivision 2, paragraph (j). This includes but is not limited to: health information service
providers (HISP), electronic health record vendors, and
new text end pharmaceutical electronic data
intermediaries as defined in section 62J.495. deleted text beginThis does not include health care providers
engaged in direct health information exchange.
deleted text end

(f) "Health information exchange" means the electronic transmission of health-related
information between organizations according to nationally recognized standards.

(g) "Health information exchange service provider" means a health data intermediary
or health information organization deleted text beginthat has been issued a certificate of authority by the
commissioner under section 62J.4981
deleted text end.

(h) "Health information organization" means an organization that oversees, governs,
and facilitates deleted text beginthedeleted text endnew text begin health informationnew text end exchange deleted text beginof health-related informationdeleted text end among
deleted text beginorganizations according to nationally recognized standardsdeleted text endnew text begin health care providers that are
not related health care entities as defined in section 144.291, subdivision 2, paragraph (j),
to improve coordination of patient care and the efficiency of health care delivery
new text end.

(i) "HITECH Act" means the Health Information Technology for Economic and
Clinical Health Act as defined in section 62J.495.

(j) "Major participating entity" means:

(1) a participating entity that receives compensation for services that is greater
than 30 percent of the health information organization's gross annual revenues from the
health information exchange service provider;

(2) a participating entity providing administrative, financial, or management services
to the health information organization, if the total payment for all services provided by the
participating entity exceeds three percent of the gross revenue of the health information
organization; and

(3) a participating entity that nominates or appoints 30 percent or more of the board
of directors new text beginor equivalent governing body new text endof the health information organization.

(k) "Meaningful use" means use of certified electronic health record technology deleted text beginthat
includes e-prescribing, and is connected in a manner that provides for the electronic
exchange of health information and used for the submission of clinical quality measures
deleted text end
new text begin to improve quality, safety, and efficiency and reduce health disparities; engage patients
and families; improve care coordination and population and public health; and maintain
privacy and security of patient health information
new text endas established by the Center for
Medicare and Medicaid Services and the Minnesota Department of Human Services
pursuant to sections 4101, 4102, and 4201 of the HITECH Act.

(l) "Meaningful use transaction" means an electronic transaction that a health care
provider must exchange to receive Medicare or Medicaid incentives or avoid Medicare
penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.

(m) "Participating entity" means any of the following persons, health care providers,
companies, or other organizations with which a health information organization or health
data intermediary has contracts or other agreements for the provision of health information
exchange deleted text beginservice providersdeleted text endnew text begin servicesnew text end:

(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home
licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise
licensed under the laws of this state or registered with the commissioner;

(2) a health care provider, and any other health care professional otherwise licensed
under the laws of this state or registered with the commissioner;

(3) a group, professional corporation, or other organization that provides the
services of individuals or entities identified in clause (2), including but not limited to a
medical clinic, a medical group, a home health care agency, an urgent care center, and
an emergent care center;

(4) a health plan as defined in section 62A.011, subdivision 3; and

(5) a state agency as defined in section 13.02, subdivision 17.

(n) "Reciprocal agreement" means an arrangement in which two or more health
information exchange service providers agree to share in-kind services and resources to
allow for the pass-through of deleted text beginmeaningful usedeleted text endnew text begin clinicalnew text end transactions.

(o) "State-certified health data intermediary" means a health data intermediary thatdeleted text begin:deleted text endnew text begin
has been issued a certificate of authority to operate in Minnesota.
new text end

deleted text begin (1) provides a subset of the meaningful use transaction capabilities necessary for
hospitals and providers to achieve meaningful use of electronic health records;
deleted text end

deleted text begin (2) is not exclusively engaged in the exchange of meaningful use transactions
covered by section 62J.536; and
deleted text end

deleted text begin (3) has been issued a certificate of authority to operate in Minnesota.
deleted text end

(p) "State-certified health information organization" means a deleted text beginnonprofitdeleted text end health
information organization that deleted text beginprovides transaction capabilities necessary to fully support
clinical transactions required for meaningful use of electronic health records that
deleted text end has been
issued a certificate of authority to operate in Minnesota.

Subd. 2.

Health information exchange oversight.

(a) The commissioner shall
protect the public interest on matters pertaining to health information exchange. The
commissioner shall:

(1) review and act on applications from health data intermediaries and health
information organizations for certificates of authority to operate in Minnesota;

(2) provide ongoing monitoring to ensure compliance with criteria established under
sections 62J.498 to 62J.4982;

(3) respond to public complaints related to health information exchange services;

(4) take enforcement actions as necessary, including the imposition of fines,
suspension, or revocation of certificates of authority as outlined in section 62J.4982;

(5) provide a biennial report on the status of health information exchange services
that includes but is not limited to:

(i) recommendations on actions necessary to ensure that health information exchange
services are adequate to meet the needs of Minnesota citizens and providers statewide;

(ii) recommendations on enforcement actions to ensure that health information
exchange service providers act in the public interest without causing disruption in health
information exchange services;

(iii) recommendations on updates to criteria for obtaining certificates of authority
under this section; and

(iv) recommendations on standard operating procedures for health information
exchange, including but not limited to the management of consumer preferences; and

(6) other duties necessary to protect the public interest.

(b) As part of the application review process for certification under paragraph (a),
prior to issuing a certificate of authority, the commissioner shall:

(1) deleted text beginhold public hearings that provide an adequate opportunity for participating
entities and consumers to provide feedback and recommendations on the application under
consideration. The commissioner shall
deleted text end make all portions of the application classified as
public data available to the publicnew text begin fornew text end at least ten days deleted text beginin advance of the hearingdeleted text endnew text begin while
an application is under consideration
new text end. new text beginAt the request of the commissioner, new text endthe applicant
shall participate in deleted text beginthedeleted text endnew text begin a publicnew text end hearing by presenting an overview of their application and
responding to questions from interested parties;new text begin and
new text end

(2) deleted text beginmake available all feedback and recommendations gathered at the hearing
available to the public prior to issuing a certificate of authority; and
deleted text end

deleted text begin (3)deleted text end consult with hospitals, physicians, and other deleted text beginprofessionals eligible to receive
meaningful use incentive payments or subject to penalties as established in the HITECH
Act, and their respective statewide associations,
deleted text endnew text begin providersnew text end prior to issuing a certificate of
authority.

(c) When the commissioner is actively considering a suspension or revocation of a
certificate of authority as described in section 62J.4982, subdivision 3, all investigatory
data that are collected, created, or maintained related to the suspension or revocation
are classified as confidential data on individuals and as protected nonpublic data in the
case of data not on individuals.

(d) The commissioner may disclose data classified as protected nonpublic or
confidential under paragraph (c) if disclosing the data will protect the health or safety of
patients.

(e) After the commissioner makes a final determination regarding a suspension or
revocation of a certificate of authority, all minutes, orders for hearing, findings of fact,
conclusions of law, and the specification of the final disciplinary action, are classified
as public data.

Sec. 3.

Minnesota Statutes 2014, section 62J.4981, is amended to read:


62J.4981 CERTIFICATE OF AUTHORITY TO PROVIDE HEALTH
INFORMATION EXCHANGE SERVICES.

Subdivision 1.

Authority to require organizations to apply.

The commissioner
shall require deleted text beginan entity providing health information exchange servicesdeleted text endnew text begin a health data
intermediary or a health information organization
new text end to apply for a certificate of authority
under this section. An applicant may continue to operate until the commissioner acts
on the application. If the application is denied, the applicant is considered a health
information deleted text beginorganizationdeleted text endnew text begin exchange service providernew text end whose certificate of authority has
been revoked under section 62J.4982, subdivision 2, paragraph (d).

Subd. 2.

Certificate of authority for health data intermediaries.

(a) A health
data intermediary deleted text beginthat provides health information exchange services for the transmission
of one or more clinical transactions necessary for hospitals, providers, or eligible
professionals to achieve meaningful use
deleted text end must be deleted text beginregistered withdeleted text endnew text begin certified bynew text end the state and
comply with requirements established in this section.

(b) Notwithstanding any law to the contrary, any corporation organized to do so
may apply to the commissioner for a certificate of authority to establish and operate as
a health data intermediary in compliance with this section. No person shall establish or
operate a health data intermediary in this state, nor sell or offer to sell, or solicit offers
to purchase or receive advance or periodic consideration in conjunction with a health
data intermediary contract unless the organization has a certificate of authority or has an
application under active consideration under this section.

(c) In issuing the certificate of authority, the commissioner shall determine whether
the applicant for the certificate of authority has demonstrated that the applicant meets
the following minimum criteria:

deleted text begin (1) interoperate with at least one state-certified health information organization;
deleted text end

deleted text begin (2) provide an option for Minnesota entities to connect to their services through at
least one state-certified health information organization;
deleted text end

deleted text begin (3) have a record locator service as defined in section 144.291, subdivision 2,
paragraph (i), that is compliant with the requirements of section 144.293, subdivision 8,
when conducting meaningful use transactions; and
deleted text end

deleted text begin (4)deleted text endnew text begin (1)new text end hold reciprocal agreements with at least one state-certified health information
organization to deleted text beginenabledeleted text end access deleted text beginto record locator services to finddeleted text end patient data, and for the
transmission and receipt of deleted text beginmeaningful usedeleted text endnew text begin clinicalnew text end transactions deleted text beginconsistent with the
format and content required by national standards established by Centers for Medicare
and Medicaid Services
deleted text end. Reciprocal agreements must meet the requirements established in
subdivision 5deleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) participate in statewide shared health information exchange services as defined
by the commissioner to support interoperability between state-certified health information
organizations and state-certified health data intermediaries.
new text end

Subd. 3.

Certificate of authority for health information organizations.

(a) A health information organization deleted text beginthat provides all electronic capabilities for the
transmission of clinical transactions necessary for meaningful use of electronic health
records
deleted text end must obtain a certificate of authority from the commissioner and demonstrate
compliance with the criteria in paragraph (c).

(b) Notwithstanding any law to the contrary,deleted text begin a nonprofit corporation organized to
do so
deleted text endnew text begin an organizationnew text end may apply for a certificate of authority to establish and operate a
health information organization under this section. No person shall establish or operate a
health information organization in this state, nor sell or offer to sell, or solicit offers
to purchase or receive advance or periodic consideration in conjunction with a health
information organization or health information contract unless the organization has a
certificate of authority under this section.

(c) In issuing the certificate of authority, the commissioner shall determine whether
the applicant for the certificate of authority has demonstrated that the applicant meets
the following minimum criteria:

(1) the entity is a legally establisheddeleted text begin, nonprofitdeleted text end organization;

(2) appropriate insurance, including liability insurance, for the operation of the
health information organization is in place and sufficient to protect the interest of the
public and participating entities;

(3) strategic and operational plans deleted text beginclearlydeleted text end address new text begingovernance, technical
infrastructure, legal and policy issues, finance, and business operations in regard to
new text endhow
the organization will expand deleted text begintechnical capacity of the health information organizationdeleted text end
to support providers in achieving deleted text beginmeaningful use of electronic health recordsdeleted text endnew text begin health
information exchange goals
new text end over time;

(4) the entity addresses the parameters to be used with participating entities and
other health information deleted text beginorganizationsdeleted text endnew text begin exchange service providersnew text end for deleted text beginmeaningful usedeleted text endnew text begin
clinical
new text end transactions, compliance with Minnesota law, and interstate health information
exchange deleted text beginindeleted text end trust agreements;

(5) the entity's board of directors new text beginor equivalent governing body new text endis composed of
members that broadly represent the health information organization's participating entities
and consumers;

(6) the entity maintains a professional staff responsible to the board of directorsnew text begin or
equivalent governing body
new text end with the capacity to ensure accountability to the organization's
mission;

(7) the organization is compliant with deleted text begincriteria established under the Health
Information Exchange Accreditation Program of the Electronic Healthcare Network
Accreditation Commission (EHNAC) or equivalent criteria established
deleted text endnew text begin national
certification and accreditation programs designated
new text end by the commissioner;

(8) the entity maintains deleted text beginadeleted text endnew text begin the capability to query for patient information based on
national standards. The query capability may utilize a master patient index, clinical
data repository, or
new text end record locator service as defined in section 144.291, subdivision 2,
paragraph (i)deleted text begin, that isdeleted text endnew text begin. The entity must benew text end compliant with the requirements of section
144.293, subdivision 8, when conducting deleted text beginmeaningful usedeleted text endnew text begin clinicalnew text end transactions;

(9) the organization demonstrates interoperability with all other state-certified health
information organizations using nationally recognized standards;

(10) the organization demonstrates compliance with all privacy and security
requirements required by state and federal law; and

(11) the organization uses financial policies and procedures consistent with generally
accepted accounting principles and has an independent audit of the organization's
financials on an annual basis.

(d) Health information organizations that have obtained a certificate of authority must:

(1) meet the requirements established for connecting to the deleted text beginNationwide Health
Information Network (NHIN) within the federally mandated timeline or within a time
frame established by the commissioner and published in the State Register. If the state
timeline for implementation varies from the federal timeline, the State Register notice
shall include an explanation for the variation
deleted text endnew text begin National eHealth Exchangenew text end;

(2) annually submit strategic and operational plans for review by the commissioner
that address:

deleted text begin (i) increasing adoption rates to include a sufficient number of participating entities to
achieve financial sustainability; and
deleted text end

deleted text begin (ii)deleted text endnew text begin (i)new text end progress in achieving objectives included in previously submitted strategic
and operational plans across the following domains: business and technical operations,
technical infrastructure, legal and policy issues, finance, and organizational governance;

deleted text begin (3) develop and maintain a business plan that addresses:
deleted text end

deleted text begin (i)deleted text endnew text begin (ii)new text end plans for ensuring the necessary capacity to support deleted text beginmeaningful usedeleted text endnew text begin clinicalnew text end
transactions;

deleted text begin (ii)deleted text endnew text begin (iii)new text end approach for attaining financial sustainability, including public and private
financing strategies, and rate structures;

deleted text begin (iii)deleted text endnew text begin (iv)new text end rates of adoption, utilization, and transaction volume, and mechanisms to
support health information exchange; and

deleted text begin (iv)deleted text endnew text begin (v)new text end an explanation of methods employed to address the needs of community
clinics, critical access hospitals, and free clinics in accessing health information exchange
services;

deleted text begin (4) annually submit a rate plan to the commissioner outlining fee structures for health
information exchange services for approval by the commissioner. The commissioner
shall approve the rate plan if it:
deleted text end

deleted text begin (i) distributes costs equitably among users of health information services;
deleted text end

deleted text begin (ii) provides predictable costs for participating entities;
deleted text end

deleted text begin (iii) covers all costs associated with conducting the full range of meaningful use
clinical transactions, including access to health information retrieved through other
state-certified health information exchange service providers; and
deleted text end

deleted text begin (iv) provides for a predictable revenue stream for the health information organization
and generates sufficient resources to maintain operating costs and develop technical
infrastructure necessary to serve the public interest;
deleted text end

deleted text begin (5)deleted text endnew text begin (3)new text end enter into reciprocal agreements with all other state-certified health
information organizations new text beginand state-certified health data intermediaries new text endto enable access
to deleted text beginrecord locator services to finddeleted text end patient data, and new text beginfor the new text endtransmission and receipt of
deleted text beginmeaningful usedeleted text end new text beginclinical new text endtransactions deleted text beginconsistent with the format and content required by
national standards established by Centers for Medicare and Medicaid Services
deleted text end. Reciprocal
agreements must meet the requirements in subdivision 5; deleted text beginand
deleted text end

new text begin (4) participate in statewide shared health information exchange services as defined
by the commissioner to support interoperability between state-certified health information
organizations and state-certified health data intermediaries; and
new text end

deleted text begin (6)deleted text endnew text begin (5)new text end comply with additional requirements for the certification or recertification of
health information organizations that may be established by the commissioner.

Subd. 4.

Application for certificate of authority for health information exchange
service providers.

(a) Each application for a certificate of authority shall be in a form
prescribed by the commissioner and verified by an officer or authorized representative
of the applicant. Each application shall include the followingnew text begin in addition to information
described in the criteria in subdivisions 2 and 3
new text end:

(1) new text beginfor health information organizations only, new text enda copy of the basic organizational
document, if any, of the applicant and of each major participating entity, such as the
articles of incorporation, or other applicable documents, and all amendments to it;

(2) new text beginfor health information organizations only, new text enda list of the names, addresses, and
official positions of the following:

(i) all members of the board of directorsnew text begin or equivalent governing bodynew text end, and the
principal officers and, if applicable, shareholders of the applicant organization; and

(ii) all members of the board of directorsnew text begin or equivalent governing bodynew text end, and the
principal officers of each major participating entity and, if applicable, each shareholder
beneficially owning more than ten percent of any voting stock of the major participating
entity;

(3) new text beginfor health information organizations only, new text endthe name and address of each
participating entity and the agreed-upon duration of each contract or agreement if
applicable;

(4) a copy of each standard agreement or contract intended to bind the participating
entities and the health information deleted text beginorganizationdeleted text endnew text begin exchange service providernew text end. Contractual
provisions shall be consistent with the purposes of this section, in regard to the services to
be performed under the standard agreement or contract, the manner in which payment for
services is determined, the nature and extent of responsibilities to be retained by the health
information organization, and contractual termination provisions;

deleted text begin (5) a copy of each contract intended to bind major participating entities and the
health information organization. Contract information filed with the commissioner under
this section shall be nonpublic as defined in section 13.02, subdivision 9;
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end a statement generally describing the health information deleted text beginorganizationdeleted text endnew text begin exchange
service provider
new text end, its health information exchange contracts, facilities, and personnel,
including a statement describing the manner in which the applicant proposes to provide
participants with comprehensive health information exchange services;

deleted text begin (7) financial statements showing the applicant's assets, liabilities, and sources
of financial support, including a copy of the applicant's most recent certified financial
statement;
deleted text end

deleted text begin (8) strategic and operational plans that specifically address how the organization
will expand technical capacity of the health information organization to support providers
in achieving meaningful use of electronic health records over time, a description of
the proposed method of marketing the services, a schedule of proposed charges, and a
financial plan that includes a three-year projection of the expenses and income and other
sources of future capital;
deleted text end

deleted text begin (9)deleted text endnew text begin (6)new text end a statement reasonably describing the geographic area or areas to be served
and the type or types of participants to be served;

deleted text begin (10)deleted text endnew text begin (7)new text end a description of the complaint procedures to be used as required under
this section;

deleted text begin (11)deleted text endnew text begin (8)new text end a description of the mechanism by which participating entities will have an
opportunity to participate in matters of policy and operation;

deleted text begin (12)deleted text endnew text begin (9)new text end a copy of any pertinent agreements between the health information
organization and insurers, including liability insurers, demonstrating coverage is in place;

deleted text begin (13)deleted text endnew text begin (10)new text end a copy of the conflict of interest policy that applies to all members of the
board of directorsnew text begin or equivalent governing bodynew text end and the principal officers of the health
information organization; and

deleted text begin (14)deleted text endnew text begin (11)new text end other information as the commissioner may reasonably require to be
provided.

(b) Within deleted text begin30deleted text endnew text begin 45new text end days after the receipt of the application for a certificate of authority,
the commissioner shall determine whether or not the application submitted meets the
requirements for completion in paragraph (a), and notify the applicant of any further
information required for the application to be processed.

(c) Within 90 days after the receipt of a complete application for a certificate of
authority, the commissioner shall issue a certificate of authority to the applicant if the
commissioner determines that the applicant meets the minimum criteria requirements
of subdivision 2 for health data intermediaries or subdivision 3 for health information
organizations. If the commissioner determines that the applicant is not qualified, the
commissioner shall notify the applicant and specify the reasons for disqualification.

(d) Upon being granted a certificate of authority to operate as a new text beginstate-certified new text endhealth
information organizationnew text begin or state-certified health data intermediarynew text end, the organization must
operate in compliance with the provisions of this section. Noncompliance may result in
the imposition of a fine or the suspension or revocation of the certificate of authority
according to section 62J.4982.

Subd. 5.

Reciprocal agreements between health information exchange entities.

(a) Reciprocal agreements between two health information organizations or between a
health information organization and a health data intermediary must include a fair and
equitable model for charges between the entities that:

(1) does not impede the secure transmission of new text beginclinical new text endtransactions deleted text beginnecessary to
achieve meaningful use
deleted text end;

(2) does not charge a fee for the exchange of meaningful use transactions transmitted
according to nationally recognized standards where no additional value-added service
is rendered to the sending or receiving health information organization or health data
intermediary either directly or on behalf of the client;

(3) is consistent with fair market value and proportionately reflects the value-added
services accessed as a result of the agreement; and

(4) prevents health care stakeholders from being charged multiple times for the
same service.

(b) Reciprocal agreements must include comparable quality of service standards that
ensure equitable levels of services.

(c) Reciprocal agreements are subject to review and approval by the commissioner.

(d) Nothing in this section precludes a state-certified health information organization
or state-certified health data intermediary from entering into contractual agreements for
the provision of value-added services beyond meaningful usenew text begin transactionsnew text end.

deleted text begin (e) The commissioner of human services or health, when providing access to data or
services through a certified health information organization, must offer the same data or
services directly through any certified health information organization at the same pricing,
if the health information organization pays for all connection costs to the state data or
service. For all external connectivity to the respective agencies through existing or future
information exchange implementations, the respective agency shall establish the required
connectivity methods as well as protocol standards to be utilized.
deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin State participation in health information exchange. deleted text end

deleted text begin A state agency that
connects to a health information exchange service provider for the purpose of exchanging
meaningful use transactions must ensure that the contracted health information exchange
service provider has reciprocal agreements in place as required by this section. The
reciprocal agreements must provide equal access to information supplied by the agency as
necessary for meaningful use by the participating entities of the other health information
service providers.
deleted text end

Sec. 4.

Minnesota Statutes 2014, section 62J.4982, subdivision 4, is amended to read:


Subd. 4.

Coordination.

deleted text begin(a)deleted text end The commissioner shall, to the extent possible, seek
the advice of the Minnesota e-Health Advisory Committee, in the review and update of
criteria for the certification and recertification of health information exchange service
providers when implementing sections 62J.498 to 62J.4982.

deleted text begin (b) By January 1, 2011, the commissioner shall report to the governor and the chairs
of the senate and house of representatives committees having jurisdiction over health
information policy issues on the status of health information exchange in Minnesota, and
provide recommendations on further action necessary to facilitate the secure electronic
movement of health information among health providers that will enable Minnesota
providers and hospitals to meet meaningful use exchange requirements.
deleted text end

Sec. 5.

Minnesota Statutes 2014, section 62J.4982, subdivision 5, is amended to read:


Subd. 5.

Fees and monetary penalties.

(a) The commissioner shall assess fees
on every health information exchange service provider subject to sections 62J.4981 and
62J.4982 as follows:

(1) filing an application for certificate of authority to operate as a health information
organization, deleted text begin$10,500deleted text endnew text begin $7,000new text end;

(2) filing an application for certificate of authority to operate as a health data
intermediary, $7,000;

(3) annual health information organization certificate fee, deleted text begin$14,000deleted text endnew text begin $7,000new text end;new text begin and
new text end

(4) annual health data intermediary certificate fee, $7,000deleted text begin; and
deleted text end

deleted text begin (5) fees for other filings, as specified by ruledeleted text end.

new text begin (b) Fees collected under this section shall be deposited in the state treasury and
credited to the state government special revenue fund.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end Administrative monetary penalties imposed under this subdivision shall
be credited to an account in the special revenue fund and are appropriated to the
commissioner for the purposes of sections 62J.498 to 62J.4982.

Sec. 6.

Minnesota Statutes 2014, section 144.291, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues
involved in the electronic exchange of health records between the entities for the delivery
of patient care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth,
gender, parent's or guardian's name regardless of the age of the patient, and other
nonclinical data which can be used to uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) "Medical emergency" means medically necessary care which is immediately
needed to preserve life, prevent serious impairment to bodily functions, organs, or parts,
or prevent placing the physical or mental health of the patient in serious jeopardy.

(g) "Patient" means a natural person who has received health care services from a
provider for treatment or examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person the patient appoints in
writing as a representative, including a health care agent acting according to chapter 145C,
unless the authority of the agent has been limited by the principal in the principal's health
care directive. Except for minors who have received health care services under sections
144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, or a
person acting as a parent or guardian in the absence of a parent or guardian.

new text begin (h) "Patient information service" means an entity described in section 62J.4981,
subdivision 3, paragraph (c), clause (8).
new text end

deleted text begin (h)deleted text endnew text begin (i)new text end "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the
services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148D, 148F, 150A,
151, 153, or 153A;

(2) a home care provider licensed under section 144A.46;

(3) a health care facility licensed under this chapter or chapter 144A; and

(4) a physician assistant registered under chapter 147A.

deleted text begin (i)deleted text endnew text begin (j)new text end "Record locator service" means an electronic index of patient identifying
information that directs providers in a health information exchange to the location of
patient health records held by providers and group purchasers.

deleted text begin (j)deleted text endnew text begin (k)new text end "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3
, paragraph (b), of the provider releasing the health records.

Sec. 7.

Minnesota Statutes 2014, section 144.293, subdivision 8, is amended to read:


Subd. 8.

Record locator new text beginor patient information new text endservice.

(a) A provider or group
purchaser may release patient identifying information and information about the location
of the patient's health records to a record locator new text beginor patient information new text endservice without
consent from the patient, unless the patient has elected to be excluded from the service
under paragraph (d). The Department of Health may not access the record locator new text beginor
patient information
new text endservice or receive data from the deleted text beginrecord locatordeleted text end service. Only a
provider may have access to patient identifying information in a record locator new text beginor patient
information
new text endservice. Except in the case of a medical emergency, a provider participating in
a health information exchange using a record locator new text beginor patient information new text endservice does
not have access to patient identifying information and information about the location of
the patient's health records unless the patient specifically consents to the access. A consent
does not expire but may be revoked by the patient at any time by providing written notice
of the revocation to the provider.

(b) A health information exchange maintaining a record locator new text beginor patient
information
new text endservice must maintain an audit log of providers accessing information in deleted text begina
record locator
deleted text endnew text begin thenew text end service that at least contains information on:

(1) the identity of the provider accessing the information;

(2) the identity of the patient whose information was accessed by the provider; and

(3) the date the information was accessed.

(c) No group purchaser may in any way require a provider to participate in a record
locator new text beginor patient information new text endservice as a condition of payment or participation.

(d) A provider or an entity operating a record locator new text beginor patient information new text endservice
must provide a mechanism under which patients may exclude their identifying information
and information about the location of their health records from a record locator new text beginor patient
information
new text endservice. At a minimum, a consent form that permits a provider to access
a record locator new text beginor patient information new text endservice must include a conspicuous check-box
option that allows a patient to exclude all of the patient's information from the deleted text beginrecord
locator
deleted text end service. A provider participating in a health information exchange with a record
locator new text beginor patient information new text endservice who receives a patient's request to exclude all of the
patient's information from the deleted text beginrecord locatordeleted text end service or to have a specific provider contact
excluded from the deleted text beginrecord locatordeleted text end service is responsible for removing that information
from the deleted text beginrecord locatordeleted text end service.

Sec. 8.

Minnesota Statutes 2014, section 144.298, subdivision 2, is amended to read:


Subd. 2.

Liability of provider or other person.

A person who does any of the
following is liable to the patient for compensatory damages caused by an unauthorized
release or an intentional, unauthorized access, plus costs and reasonable attorney fees:

(1) negligently or intentionally requests or releases a health record in violation
of sections 144.291 to 144.297;

(2) forges a signature on a consent form or materially alters the consent form of
another person without the person's consent;

(3) obtains a consent form or the health records of another person under false
pretenses; or

(4) intentionally violates sections 144.291 to 144.297 by intentionally accessing a
record locator new text beginor patient information new text endservice without authorization.

Sec. 9.

Minnesota Statutes 2014, section 144.298, subdivision 3, is amended to read:


Subd. 3.

Liability for record locator new text beginor patient information new text endservice.

A patient
is entitled to receive compensatory damages plus costs and reasonable attorney fees
if a health information exchange maintaining a record locator new text beginor patient information
new text endservice, or an entity maintaining a record locator new text beginor patient information new text endservice for a
health information exchange, negligently or intentionally violates the provisions of section
144.293, subdivision 8.

Sec. 10.

Minnesota Statutes 2014, section 144.3831, subdivision 1, is amended to read:


Subdivision 1.

Fee setting.

The commissioner of health may assess an annual fee
of deleted text begin$6.36deleted text endnew text begin $8.28new text end for every service connection to a public water supply that is owned or
operated by a home rule charter city, a statutory city, a city of the first class, or a town. The
commissioner of health may also assess an annual fee for every service connection served
by a water user district defined in section 110A.02.new text begin Fees collected under this section shall
be deposited in the state treasury and credited to the state government special revenue fund.
new text end

Sec. 11.

new text begin [144.4961] MINNESOTA RADON LICENSING ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as the "Minnesota Radon
Licensing Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Mitigation" means the act of repairing or altering a building or building design
for the purpose in whole or in part of reducing the concentration of radon in the indoor
atmosphere.
new text end

new text begin (c) "Radon" means both the radioactive, gaseous element produced by the
disintegration of radium, and the short-lived radionuclides that are decay products of radon.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of health shall adopt rules for licensure
and enforcement of applicable laws and rules relating to indoor radon in dwellings and
other buildings, with the exception of newly constructed Minnesota homes according
to section 326B.106, subdivision 6. The commissioner shall coordinate, oversee, and
implement all state functions in matters concerning the presence, effects, measurement,
and mitigation of risks of radon in dwellings and other buildings.
new text end

new text begin Subd. 4. new text end

new text begin System tag. new text end

new text begin All radon mitigation systems installed in Minnesota on or
after July 1, 2016, must have a radon mitigation system tag provided by the commissioner.
A radon mitigation professional must attach the tag to the radon mitigation system in
a visible location.
new text end

new text begin Subd. 5. new text end

new text begin License required annually. new text end

new text begin A license is required annually for every
person, firm, or corporation that sells a device or performs a service for compensation
to detect the presence of radon in the indoor atmosphere, performs laboratory analysis,
or performs a service to mitigate radon in the indoor atmosphere. This section does not
apply to retail stores that only sell or distribute radon sampling but are not engaged in the
manufacture of radon sampling devices.
new text end

new text begin Subd. 6. new text end

new text begin Exemptions. new text end

new text begin Radon systems installed in newly constructed Minnesota
homes according to section 326B.106, subdivision 6, prior to the issuance of a certificate
of occupancy are not required to follow the requirements of this section.
new text end

new text begin Subd. 7. new text end

new text begin License applications and other reports. new text end

new text begin The professionals, companies,
laboratories, and examinees listed in subdivision 8 must submit applications for licenses,
system tags, and any other reporting required under this section and Minnesota Rules
on forms prescribed by the commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Licensing fees. new text end

new text begin (a) All radon license applications submitted to the
commissioner of health must be accompanied by the required fees. If the commissioner
determines that insufficient fees were paid, the necessary additional fees must be paid
before the commissioner approves the application. The commissioner shall charge the
following fees for each radon license:
new text end

new text begin (1) Each measurement professional license, $600 per year. "Measurement
professional" means any person who does not require supervision and performs a test to
determine the presence and concentration of radon; provides professional or expert advice
on radon testing, radon exposure, or health risks related to radon exposure; provides
direct supervision of a measurement technician; or makes representations of doing any
of these activities.
new text end

new text begin (2) Each measurement technician license, $300 per year. "Measurement technician"
means any person who is under the direct supervision of a measurement professional,
and who performs a test to determine the presence and concentration of radon; provides
professional or expert advice on radon testing, radon exposure, or health risks related to
radon exposure; or makes representations of doing any of these activities.
new text end

new text begin (3) Each mitigation professional license, $600 per year. "Mitigation professional"
means an individual who does not require supervision and performs radon mitigation;
provides professional or expert advice on radon mitigation or radon entry routes; or
provides on-site supervision of radon mitigation and mitigation technicians; or makes
representations of doing any of these activities.
new text end

new text begin (4) Each mitigation technician license, $300 per year. "Mitigation technician" means
any person who is under the direct supervision of a mitigation professional and who
performs radon mitigation; provides professional or expert advice on radon mitigation or
radon entry routes; or makes representations of doing any of these activities.
new text end

new text begin (5) Each mitigation company license, $800 per year. "Mitigation company" means
any business or government entity that performs or authorizes employees to perform radon
mitigation. This fee is waived if the company is a sole proprietorship.
new text end

new text begin (6) Each radon analysis laboratory license, $500 per year. "Radon analysis
laboratory" means a business entity or government entity that analyzes passive radon
detection devices to determine the presence and concentration of radon in the devices.
new text end

new text begin (7) Each Minnesota Department of Health radon measurement exam, $125 per exam.
"Minnesota Department of Health radon measurement exam" means a radon measurement
exam administered by the commissioner of health.
new text end

new text begin (8) Each Minnesota Department of Health radon mitigation exam, $125 per exam.
"Minnesota Department of Health radon mitigation exam" means a radon mitigation exam
administered by the commissioner of health.
new text end

new text begin (9) Each Minnesota Department of Health radon mitigation system tag, $50 per tag.
"Minnesota Department of Health radon mitigation system tag" or "system tag" means a
unique identifiable radon system label provided by the commissioner of health.
new text end

new text begin (b) Fees collected under this section shall be deposited in the state treasury and
credited to the state government special revenue fund.
new text end

new text begin Subd. 9. new text end

new text begin Enforcement. new text end

new text begin The commissioner shall enforce this section under the
provisions of sections 144.989 to 144.993.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, except subdivisions 4
and 5, which are effective July 1, 2016.
new text end

Sec. 12.

Minnesota Statutes 2014, section 144.9501, subdivision 6d, is amended to read:


Subd. 6d.

Certified lead firm.

"Certified lead firm" means a person that employs
individuals to perform regulated lead worknew text begin, with the exception of renovation,new text end and deleted text beginthatdeleted text end
is certified by the commissioner under section 144.9505.

Sec. 13.

Minnesota Statutes 2014, section 144.9501, is amended by adding a
subdivision to read:


new text begin Subd. 6e. new text end

new text begin Certified renovation firm. new text end

new text begin "Certified renovation firm" means a person
that employs individuals to perform renovation and is certified by the commissioner
under section 144.9505.
new text end

Sec. 14.

Minnesota Statutes 2014, section 144.9501, subdivision 22b, is amended to
read:


Subd. 22b.

Lead sampling technician.

"Lead sampling technician" means an
individual who performs clearance inspections for renovation sites and lead dust sampling
for nonabatement sitesdeleted text begin, and who is registered with the commissioner under section
144.9505
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 15.

Minnesota Statutes 2014, section 144.9501, subdivision 26b, is amended to
read:


Subd. 26b.

Renovation.

"Renovation" means the modification of any new text beginpre-1978
new text endaffected property that results in the disturbance of new text beginknown or presumed lead-containing
new text endpainted surfacesnew text begin defined under section 144.9508new text end, unless that activity is performed as deleted text beginan
abatement
deleted text endnew text begin lead hazard reductionnew text end. A renovation performed for the purpose of converting a
building or part of a building into an affected property is a renovation under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 16.

Minnesota Statutes 2014, section 144.9501, is amended by adding a
subdivision to read:


new text begin Subd. 26c. new text end

new text begin Lead renovator. new text end

new text begin "Lead renovator" means an individual who directs
individuals who perform renovations. A lead renovator also performs renovation, surface
coating testing, and cleaning verification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 17.

Minnesota Statutes 2014, section 144.9505, is amended to read:


144.9505 deleted text beginLICENSINGdeleted text endnew text begin CREDENTIALINGnew text end OF LEAD FIRMS AND
PROFESSIONALS.

Subdivision 1.

Licensing deleted text beginanddeleted text endnew text begin,new text end certificationdeleted text begin; generallydeleted text endnew text begin, and permittingnew text end.

(a) deleted text beginAlldeleted text end
Fees deleted text beginreceived shall be paiddeleted text endnew text begin collected under this section shall be depositednew text end into the state
treasury and credited to deleted text beginthe lead abatement licensing and certification account and are
appropriated to the commissioner to cover costs incurred under this section and section
144.9508
deleted text endnew text begin state government special revenue fundnew text end.

(b) Persons shall not advertise or otherwise present themselves as lead supervisors,
lead workers, lead inspectors, lead risk assessors, lead sampling technicians, lead project
designers, deleted text beginordeleted text endnew text begin renovation firms,new text end lead firms unless they have licenses or certificates issued
by deleted text beginor are registered withdeleted text end the commissioner under this section.

(c) The fees required in this section for inspectors, risk assessors, and certified lead
firms are waived for state or local government employees performing services for or
as an assessing agency.

(d) An individual who is the owner of property on which regulated lead work is to be
performed or an adult individual who is related to the property owner, as defined under
section 245A.02, subdivision 13, is exempt from the requirements to obtain a license and
pay a fee according to this section.

(e) A person that employs individuals to perform regulated lead work outside of the
person's property must obtain certification as a certified lead firm. An individual who
performs deleted text beginregulated lead workdeleted text endnew text begin lead hazard reduction, lead hazard screens, lead inspections,
lead risk assessments, clearance inspections, lead project designer services, lead sampling
technician services, swab team services, and activities performed to comply with lead
orders
new text end must be employed by a certified lead firm, unless the individual is a sole proprietor
and does not employ any other deleted text beginindividual who performs regulated lead workdeleted text endnew text begin individualsnew text end,
the individual is employed by a person that does not perform regulated lead work outside
of the person's property, or the individual is employed by an assessing agency.

Subd. 1a.

Lead worker license.

Before an individual performs regulated lead work
as a worker, the individual shall first obtain a license from the commissioner. No license
shall be issued unless the individual shows evidence of successfully completing a training
course in lead hazard control. The commissioner shall specify the course of training and
testing requirements and shall charge a $50 fee new text beginannually new text endfor the license. License fees are
nonrefundable and must be submitted with each application. The license must be carried
by the individual and be readily available for review by the commissioner and other public
health officials charged with the health, safety, and welfare of the state's citizens.

Subd. 1b.

Lead supervisor license.

Before an individual performs regulated lead
work as a supervisor, the individual shall first obtain a license from the commissioner. No
license shall be issued unless the individual shows evidence of experience and successful
completion of a training course in lead hazard control. The commissioner shall specify
the course of training, experience, and testing requirements and shall charge a $50 fee
new text beginannually new text endfor the license. License fees are nonrefundable and must be submitted with
each application. The license must be carried by the individual and be readily available
for review by the commissioner and other public health officials charged with the health,
safety, and welfare of the state's citizens.

Subd. 1c.

Lead inspector license.

Before an individual performs lead inspection
services, the individual shall first obtain a license from the commissioner. No license shall
be issued unless the individual shows evidence of successfully completing a training
course in lead inspection. The commissioner shall specify the course of training and
testing requirements and shall charge a $50 fee new text beginannually new text endfor the license. License fees are
nonrefundable and must be submitted with each application. The license must be carried
by the individual and be readily available for review by the commissioner and other public
health officials charged with the health, safety, and welfare of the state's citizens.

Subd. 1d.

Lead risk assessor license.

Before an individual performs lead risk
assessor services, the individual shall first obtain a license from the commissioner. No
license shall be issued unless the individual shows evidence of experience and successful
completion of a training course in lead risk assessment. The commissioner shall specify
the course of training, experience, and testing requirements and shall charge a $100 fee
new text beginannually new text endfor the license. License fees are nonrefundable and must be submitted with
each application. The license must be carried by the individual and be readily available
for review by the commissioner and other public health officials charged with the health,
safety, and welfare of the state's citizens.

Subd. 1e.

Lead project designer license.

Before an individual performs lead
project designer services, the individual shall first obtain a license from the commissioner.
No license shall be issued unless the individual shows evidence of experience and
successful completion of a training course in lead project design. The commissioner shall
specify the course of training, experience, and testing requirements and shall charge a
$100 fee new text beginannually new text endfor the license. License fees are nonrefundable and must be submitted
with each application. The license must be carried by the individual and be readily
available for review by the commissioner and other public health officials charged with
the health, safety, and welfare of the state's citizens.

deleted text begin Subd. 1f. deleted text end

deleted text begin Lead sampling technician. deleted text end

deleted text begin An individual performing lead sampling
technician services shall first register with the commissioner. The commissioner shall not
register an individual unless the individual shows evidence of successfully completing a
training course in lead sampling. The commissioner shall specify the course of training
and testing requirements. Proof of registration must be carried by the individual and be
readily available for review by the commissioner and other public health officials charged
with the health, safety, and welfare of the state's citizens.
deleted text end

Subd. 1g.

Certified lead firm.

A person who employs individuals to perform
regulated lead worknew text begin, with the exception of renovation,new text end outside of the person's property
must obtain certification as a lead firm. The certificate must be in writing, contain an
expiration date, be signed by the commissioner, and give the name and address of the
person to whom it is issued. new text begin A lead firm certificate is valid for one year. new text endThe certification
fee is $100, is nonrefundable, and must be submitted with each application. The new text beginlead firm
new text endcertificate or a copy of the certificate must be readily available at the worksite for review
by the contracting entity, the commissioner, and other public health officials charged with
the health, safety, and welfare of the state's citizens.

new text begin Subd. 1h. new text end

new text begin Certified renovation firm. new text end

new text begin A person who employs individuals to
perform renovation activities outside of the person's property must obtain certification
as a renovation firm. The certificate must be in writing, contain an expiration date, be
signed by the commissioner, and give the name and address of the person to whom it is
issued. A renovation firm certificate is valid for two years. The certification fee is $100,
is nonrefundable, and must be submitted with each application. The renovation firm
certificate or a copy of the certificate must be readily available at the worksite for review
by the contracting entity, the commissioner, and other public health officials charged with
the health, safety, and welfare of the state's citizens.
new text end

new text begin Subd. 1i. new text end

new text begin Lead training course. new text end

new text begin Before a person provides training to lead
workers, lead supervisors, lead inspectors, lead risk assessors, lead project designers, lead
sampling technicians, and lead renovators, the person shall first obtain a permit from the
commissioner. The permit must be in writing, contain an expiration date, be signed by
the commissioner, and give the name and address of the person to whom it is issued.
A training course permit is valid for two years. Training course permit fees shall be
nonrefundable and must be submitted with each application in the amount of $500 for an
initial training course, $250 for renewal of a permit for an initial training course, $250 for
a refresher training course, and $125 for renewal of a permit of a refresher training course.
new text end

Subd. 3.

Licensed building contractor; information.

The commissioner shall
provide health and safety information on lead abatement and lead hazard reduction to all
residential building contractors licensed under section 326B.805. The information must
include the lead-safe practices and any other materials describing ways to protect the
health and safety of both employees and residents.

Subd. 4.

Notice of regulated lead work.

(a) At least five working days before
starting work at each regulated lead worksite, the person performing the regulated lead
work shall give written notice to the commissioner and the appropriate board of health.

(b) This provision does not apply to lead hazard screen, lead inspection, lead risk
assessment, lead sampling technician, renovation, or lead project design activities.

Subd. 6.

Duties of contracting entity.

A contracting entity intending to have
regulated lead work performed for its benefit shall include in the specifications and
contracts for the work a requirement that the work be performed by contractors and
subcontractors licensed by the commissioner under sections 144.9501 to 144.9512 and
according to rules adopted by the commissioner related to regulated lead work. No
contracting entity shall allow regulated lead work to be performed for its benefit unless the
contracting entity has seen that the person has a valid license or certificate. A contracting
entity's failure to comply with this subdivision does not relieve a person from any
responsibility under sections 144.9501 to 144.9512.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 18.

Minnesota Statutes 2014, section 144.9508, is amended to read:


144.9508 RULES.

Subdivision 1.

Sampling and analysis.

The commissioner shall adopt, by rule,
methods for:

(1) lead inspections, lead hazard screens, lead risk assessments, and clearance
inspections;

(2) environmental surveys of lead in paint, soil, dust, and drinking water to determine
areas at high risk for toxic lead exposure;

(3) soil sampling for soil used as replacement soil;

(4) drinking water sampling, which shall be done in accordance with lab certification
requirements and analytical techniques specified by Code of Federal Regulations, title
40, section 141.89; and

(5) sampling to determine whether at least 25 percent of the soil samples collected
from a census tract within a standard metropolitan statistical area contain lead in
concentrations that exceed 100 parts per million.

Subd. 2.

Regulated lead work standards and methods.

(a) The commissioner shall
adopt rules establishing regulated lead work standards and methods in accordance with the
provisions of this section, for lead in paint, dust, drinking water, and soil in a manner that
protects public health and the environment for all residences, including residences also
used for a commercial purpose, child care facilities, playgrounds, and schools.

(b) In the rules required by this section, the commissioner shall require lead hazard
reduction of intact paint only if the commissioner finds that the intact paint is on a
chewable or lead-dust producing surface that is a known source of actual lead exposure to
a specific individual. The commissioner shall prohibit methods that disperse lead dust into
the air that could accumulate to a level that would exceed the lead dust standard specified
under this section. The commissioner shall work cooperatively with the commissioner
of administration to determine which lead hazard reduction methods adopted under this
section may be used for lead-safe practices including prohibited practices, preparation,
disposal, and cleanup. The commissioner shall work cooperatively with the commissioner
of the Pollution Control Agency to develop disposal procedures. In adopting rules under
this section, the commissioner shall require the best available technology for regulated
lead work methods, paint stabilization, and repainting.

(c) The commissioner of health shall adopt regulated lead work standards and
methods for lead in bare soil in a manner to protect public health and the environment.
The commissioner shall adopt a maximum standard of 100 parts of lead per million in
bare soil. The commissioner shall set a soil replacement standard not to exceed 25 parts
of lead per million. Soil lead hazard reduction methods shall focus on erosion control
and covering of bare soil.

(d) The commissioner shall adopt regulated lead work standards and methods for lead
in dust in a manner to protect the public health and environment. Dust standards shall use
a weight of lead per area measure and include dust on the floor, on the window sills, and
on window wells. Lead hazard reduction methods for dust shall focus on dust removal and
other practices which minimize the formation of lead dust from paint, soil, or other sources.

(e) The commissioner shall adopt lead hazard reduction standards and methods for
lead in drinking water both at the tap and public water supply system or private well
in a manner to protect the public health and the environment. The commissioner may
adopt the rules for controlling lead in drinking water as contained in Code of Federal
Regulations, title 40, part 141. Drinking water lead hazard reduction methods may include
an educational approach of minimizing lead exposure from lead in drinking water.

(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that
removal of exterior lead-based coatings from residences and steel structures by abrasive
blasting methods is conducted in a manner that protects health and the environment.

(g) All regulated lead work standards shall provide reasonable margins of safety that
are consistent with more than a summary review of scientific evidence and an emphasis on
overprotection rather than underprotection when the scientific evidence is ambiguous.

(h) No unit of local government shall have an ordinance or regulation governing
regulated lead work standards or methods for lead in paint, dust, drinking water, or soil
that require a different regulated lead work standard or method than the standards or
methods established under this section.

(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit
of local government of an innovative lead hazard reduction method which is consistent
in approach with methods established under this section.

(j) The commissioner shall adopt rules for issuing lead orders required under section
144.9504, rules for notification of abatement or interim control activities requirements,
and other rules necessary to implement sections 144.9501 to 144.9512.

(k) The commissioner shall adopt rules consistent with section 402(c)(3) of the
Toxic Substances Control Act to ensure that renovation in a pre-1978 affected property
where a child or pregnant female resides is conducted in a manner that protects health
and the environment.new text begin Notwithstanding sections 14.125 and 14.128, the authority to adopt
these rules does not expire.
new text end

(l) The commissioner shall adopt rules consistent with sections 406(a) and 406(b)
of the Toxic Substances Control Act.new text begin Notwithstanding sections 14.125 and 14.128, the
authority to adopt these rules does not expire.
new text end

Subd. 2a.

Lead standards for exterior surfaces and street dust.

The
commissioner may, by rule, establish lead standards for exterior horizontal surfaces,
concrete or other impervious surfaces, and street dust on residential property to protect the
public health and the environment.

Subd. 3.

Licensure and certification.

The commissioner shall adopt rules to license
lead supervisors, lead workers, lead project designers, lead inspectors, lead risk assessors,
and lead sampling technicians. The commissioner shall also adopt rules requiring
certification of firms that perform regulated lead work. The commissioner shall require
periodic renewal of licenses and certificates and shall establish the renewal periods.

Subd. 4.

Lead training course.

The commissioner shall establish by rule
requirements for training course providers and the renewal period for each lead-related
training course required for certification or licensure. The commissioner shall establish
criteria in rules for the content and presentation of training courses intended to qualify
trainees for licensure under subdivision 3. The commissioner shall establish criteria in
rules for the content and presentation of training courses for lead renovation and lead
sampling technicians. deleted text beginTraining course permit fees shall be nonrefundable and must be
submitted with each application in the amount of $500 for an initial training course, $250
for renewal of a permit for an initial training course, $250 for a refresher training course,
and $125 for renewal of a permit of a refresher training course.
deleted text end

Subd. 5.

Variances.

In adopting the rules required under this section, the
commissioner shall provide variance procedures for any provision in rules adopted under
this section, except for the numerical standards for the concentrations of lead in paint,
dust, bare soil, and drinking water. A variance shall be considered only according to the
procedures and criteria in Minnesota Rules, parts 4717.7000 to 4717.7050.

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2014, section 144A.70, subdivision 6, is amended to read:


Subd. 6.

Supplemental nursing services agency.

"Supplemental nursing services
agency" means a person, firm, corporation, partnership, or association engaged for hire
in the business of providing or procuring temporary employment in health care facilities
for nurses, nursing assistants, nurse aides, deleted text beginanddeleted text end orderliesnew text begin, and other licensed health
professionals
new text end. Supplemental nursing services agency does not include an individual who
only engages in providing the individual's services on a temporary basis to health care
facilities. Supplemental nursing services agency does not include a professional home
care agency licensed deleted text beginas a Class A providerdeleted text end under section 144A.46 deleted text beginand rules adopted
thereunder
deleted text end that only provides staff to other home care providers.

Sec. 20.

Minnesota Statutes 2014, section 144A.70, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Oversight. new text end

new text begin The commissioner is responsible for the oversight of
supplemental nursing services agencies through annual unannounced surveys, complaint
investigations under sections 144A.51 to 144A.53, and other actions necessary to ensure
compliance with sections 144A.70 to 144A.74.
new text end

Sec. 21.

Minnesota Statutes 2014, section 144A.71, is amended to read:


144A.71 SUPPLEMENTAL NURSING SERVICES AGENCY
REGISTRATION.

Subdivision 1.

Duty to register.

A person who operates a supplemental nursing
services agency shall register deleted text beginthe agencydeleted text endnew text begin annuallynew text end with the commissioner. Each separate
location of the business of a supplemental nursing services agency shall register the agency
with the commissioner. Each separate location of the business of a supplemental nursing
services agency shall have a separate registration.new text begin Fees collected under this section shall be
deposited in the state treasury and credited to the state government special revenue fund.
new text end

Subd. 2.

Application information and fee.

The commissioner shall establish forms
and procedures for processing each supplemental nursing services agency registration
application. An application for a supplemental nursing services agency registration must
include at least the following:

(1) the names and addresses of the owner or owners of the supplemental nursing
services agency;

(2) if the owner is a corporation, copies of its articles of incorporation and current
bylaws, together with the names and addresses of its officers and directors;

(3) satisfactory proof of compliance with section 144A.72, subdivision 1, clauses
(5) to (7);

(4) any other relevant information that the commissioner determines is necessary
to properly evaluate an application for registration; deleted text beginand
deleted text end

(5) deleted text beginthe annual registration fee for a supplemental nursing services agency, which
is $891.
deleted text endnew text begin a policy and procedure that describes how the supplemental nursing services
agency's records will be immediately available at all times to the commissioner; and
new text end

new text begin (6) a registration fee of $2,035.
new text end

new text begin If a supplemental nursing services agency fails to provide the items in this
subdivision to the department, the commissioner shall immediately suspend or refuse to
issue the supplemental nursing services agency registration. The supplemental nursing
services agency may appeal the commissioner's findings according to section 144A.475,
subdivisions 3a and 7, except that the hearing must be conducted by an administrative law
judge within 60 calendar days of the request for hearing assignment.
new text end

Subd. 3.

Registration not transferable.

A registration issued by the commissioner
according to this section is effective for a period of one year from the date of its issuance
unless the registration is revoked or suspended under section 144A.72, subdivision 2, or
unless the supplemental nursing services agency is sold or ownership or management
is transferred. When a supplemental nursing services agency is sold or ownership or
management is transferred, the registration of the agency must be voided and the new
owner or operator may apply for a new registration.

Sec. 22.

Minnesota Statutes 2014, section 144A.72, is amended to read:


144A.72 REGISTRATION REQUIREMENTS; PENALTIES.

Subdivision 1.

Minimum criteria.

new text begin(a) new text endThe commissioner shall require that, as a
condition of registration:

(1) the supplemental nursing services agency shall document that each temporary
employee provided to health care facilities currently meets the minimum licensing, training,
and continuing education standards for the position in which the employee will be working;

(2) the supplemental nursing services agency shall comply with all pertinent
requirements relating to the health and other qualifications of personnel employed in
health care facilities;

(3) the supplemental nursing services agency must not restrict in any manner the
employment opportunities of its employees;

(4) the supplemental nursing services agency shall carry medical malpractice
insurance to insure against the loss, damage, or expense incident to a claim arising out
of the death or injury of any person as the result of negligence or malpractice in the
provision of health care services by the supplemental nursing services agency or by any
employee of the agency;

(5) the supplemental nursing services agency shall carry an employee dishonesty
bond in the amount of $10,000;

(6) the supplemental nursing services agency shall maintain insurance coverage
for workers' compensation for all nurses, nursing assistants, nurse aides, and orderlies
provided or procured by the agency;

(7) the supplemental nursing services agency shall file with the commissioner of
revenue: (i) the name and address of the bank, savings bank, or savings association
in which the supplemental nursing services agency deposits all employee income tax
withholdings; and (ii) the name and address of any nurse, nursing assistant, nurse aide, or
orderly whose income is derived from placement by the agency, if the agency purports
the income is not subject to withholding;

(8) the supplemental nursing services agency must not, in any contract with any
employee or health care facility, require the payment of liquidated damages, employment
fees, or other compensation should the employee be hired as a permanent employee of a
health care facility; deleted text beginand
deleted text end

(9) the supplemental nursing services agency shall document that each temporary
employee provided to health care facilities is an employee of the agency and is not
an independent contractordeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) the supplemental nursing services agency shall retain all records for five
calendar years. All records of the supplemental nursing services agency must be
immediately available to the department.
new text end

new text begin (b) In order to retain registration, the supplemental nursing services agency must
provide services to a health care facility during the year preceding the supplemental
nursing services agency's registration renewal date.
new text end

Subd. 2.

Penalties.

deleted text beginA pattern ofdeleted text end Failure to comply with this section shall subject
the supplemental nursing services agency to revocation or nonrenewal of its registration.
Violations of section 144A.74 are subject to a fine equal to 200 percent of the amount
billed or received in excess of the maximum permitted under that section.

Subd. 3.

Revocation.

Notwithstanding subdivision 2, the registration of a
supplemental nursing services agency that knowingly supplies to a health care facility a
person with an illegally or fraudulently obtained or issued diploma, registration, license,
certificate, or background study shall be revoked by the commissioner. The commissioner
shall notify the supplemental nursing services agency 15 days in advance of the date
of revocation.

Subd. 4.

Hearing.

(a) No supplemental nursing services agency's registration
may be revoked without a hearing held as a contested case in accordance with deleted text beginchapter
14. The hearing must commence within 60 days after the proceedings are initiated
deleted text endnew text begin
section 144A.475, subdivisions 3a and 7, except the hearing must be conducted by an
administrative law judge within 60 calendar days of the request for assignment
new text end.

(b) If a controlling person has been notified by the commissioner of health that the
supplemental nursing services agency will not receive an initial registration or that a
renewal of the registration has been denied, the controlling person or a legal representative
on behalf of the supplemental nursing services agency may request and receive a hearing
on the denial. deleted text beginThisdeleted text endnew text begin Thenew text end hearing shall be deleted text beginheld as a contested case in accordance with
chapter 14
deleted text endnew text begin a contested case in accordance with section 144A.475, subdivisions 3a and 7,
except the hearing must be conducted by an administrative law judge within 60 calendar
days of the request for assignment
new text end.

Subd. 5.

Period of ineligibility.

(a) The controlling person of a supplemental
nursing services agency whose registration has not been renewed or has been revoked
because of noncompliance with the provisions of sections 144A.70 to 144A.74 shall not
be eligible to apply for nor will be granted a registration for five years following the
effective date of the nonrenewal or revocation.

(b) The commissioner shall not issue or renew a registration to a supplemental
nursing services agency if a controlling person includes any individual or entity who was
a controlling person of a supplemental nursing services agency whose registration was
not renewed or was revoked as described in paragraph (a) for five years following the
effective date of nonrenewal or revocation.

Sec. 23.

Minnesota Statutes 2014, section 144A.73, is amended to read:


144A.73 COMPLAINT SYSTEM.

The commissioner shall establish a system for reporting complaints against a
supplemental nursing services agency or its employees. Complaints may be made by
any member of the public. deleted text beginWritten complaints must be forwarded to the employer of
each person against whom a complaint is made. The employer shall promptly report to
the commissioner any corrective action taken
deleted text endnew text begin Complaints against a supplemental nursing
services agency shall be investigated by the Office of Health Facility Complaints under
Minnesota Statutes, sections 144A.51 to 144A.53
new text end.

Sec. 24.

Minnesota Statutes 2014, section 144D.01, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Direct-care staff. new text end

new text begin "Direct-care staff" means staff and employees who
provide home care services listed in section 144A.471, subdivisions 6 and 7.
new text end

Sec. 25.

new text begin [144D.066] ENFORCEMENT OF DEMENTIA CARE TRAINING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner shall enforce the dementia care
training standards for staff working in housing with services settings and for housing
managers according to clauses (1) to (3):
new text end

new text begin (1) for dementia care training requirements in section 144D.065, the commissioner
shall review training records as part of the home care provider survey process for direct
care staff and supervisors of direct care staff, in accordance with section 144A.474. The
commissioner may also request and review training records at any time during the year;
new text end

new text begin (2) for dementia care training standards in section 144D.065, the commissioner
shall review training records for maintenance, housekeeping, and food service staff and
other staff not providing direct care working in housing with services settings as part of
the housing with services registration application and renewal application process in
accordance with section 144D.03. The commissioner may also request and review training
records at any time during the year; and
new text end

new text begin (3) for housing managers, the commissioner shall review the statement verifying
compliance with the required training described in section 144D.10, paragraph (d),
through the housing with services registration application and renewal application process
in accordance with section 144D.03. The commissioner may also request and review
training records at any time during the year.
new text end

new text begin (b) The commissioner shall specify the required forms and what constitutes sufficient
training records for the items listed in paragraph (a), clauses (1) to (3).
new text end

new text begin Subd. 2. new text end

new text begin Fines for noncompliance. new text end

new text begin (a) Beginning January 1, 2017, the
commissioner may impose a $200 fine for every staff person required to obtain dementia
care training who does not have training records to show compliance. For violations of
subdivision 1, paragraph (a), clause (1), the fine will be imposed upon the home care
provider, and may be appealed under the contested case procedure in section 144A.475,
subdivisions 3a, 4, and 7. For violations of subdivision 1, paragraph (a), clauses (2) and
(3), the fine will be imposed on the housing with services registrant and may be appealed
under the contested case procedure in section 144A.475, subdivisions 3a, 4, and 7. Prior
to imposing the fine, the commissioner must allow two weeks for staff to complete the
required training. Fines collected under this section shall be deposited in the state treasury
and credited to the state government special revenue fund.
new text end

new text begin (b) The housing with services registrant and home care provider must allow
for the required training as part of employee and staff duties. Imposition of a fine
by the commissioner does not negate the need for the required training. Continued
noncompliance with the requirements of sections 144D.065 and 144D.10 may result in
revocation or nonrenewal of the housing with services registration or home care license.
The commissioner shall make public the list of all housing with services establishments
that have complied with the training requirements.
new text end

new text begin Subd. 3. new text end

new text begin Technical assistance. new text end

new text begin From January 1, 2016, to December 31, 2016,
the commissioner shall provide technical assistance instead of imposing fines for
noncompliance with the training requirements. During the year of technical assistance,
the commissioner shall review the training records to determine if the records meet the
requirements and inform the home care provider. The commissioner shall also provide
information about available training resources.
new text end

Sec. 26.

Minnesota Statutes 2014, section 145A.131, subdivision 1, is amended to read:


Subdivision 1.

Funding formula for community health boards.

(a) Base funding
for each community health board eligible for a local public health grant under section
145A.03, subdivision 7, shall be determined by each community health board's fiscal year
2003 allocations, prior to unallotment, for the following grant programs: community
health services subsidy; state and federal maternal and child health special projects grants;
family home visiting grants; TANF MN ENABL grants; TANF youth risk behavior grants;
and available women, infants, and children grant funds in fiscal year 2003, prior to
unallotment, distributed based on the proportion of WIC participants served in fiscal year
2003 within the CHS service area.

(b) Base funding for a community health board eligible for a local public health
grant under section 145A.03, subdivision 7, as determined in paragraph (a), shall be
adjusted by the percentage difference between the base, as calculated in paragraph (a),
and the funding available for the local public health grant.

(c) Multicounty or multicity community health boards shall receive a local
partnership base of up to $5,000 per year for each county or city in the case of a multicity
community health board included in the community health board.

(d) The State Community Health Advisory Committee may recommend a formula
to the commissioner to use in distributing deleted text beginstate and federaldeleted text end funds to community health
boards deleted text beginorganized and operating under sections 145A.03 to 145A.131 to achieve locally
identified priorities under section 145A.04, subdivision 1a, for use in distributing funds to
community health boards beginning January 1, 2006, and thereafter
deleted text end.

new text begin (e) Notwithstanding any adjustment in paragraph (b), community health boards, all
or a portion of which are located outside of the counties of Anoka, Chisago, Carver,
Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright, are eligible
to receive an increase equal to ten percent of the grant award to the community health
board under paragraph (a) starting July 1, 2015. The increase in calendar year 2015 shall
be prorated for the last six months of the year. For calendar years beginning on or after
January 1, 2016, the amount distributed under this paragraph shall be adjusted each year
based on available funding and the number of eligible community health boards.
new text end

Sec. 27.

Minnesota Statutes 2014, section 149A.20, subdivision 5, is amended to read:


Subd. 5.

Examinations.

After having met the educational requirements of
subdivision 4, a person must attain a passing score on the National Board Examination
administered by the Conference of Funeral Service Examining Boards of the United
States, Inc. or any other examination that, in the determination of the commissioner,
adequately and accurately assesses the knowledge and skills required to practice
mortuary science. In addition, a person must attain a passing score on the state licensing
examination administered by or on behalf of the commissioner. The state examination
shall encompass the laws and rules of Minnesota that pertain to the practice of mortuary
science. The commissioner shall make available copies of all pertinent laws and rules
prior to administration of the state licensing examination.new text begin If a passing score is not attained
on the state examination, the individual must wait two weeks before they can retake
the examination.
new text end

Sec. 28.

Minnesota Statutes 2014, section 149A.20, subdivision 6, is amended to read:


Subd. 6.

Internship.

(a) A person who attains a passing score on both examinations
in subdivision 5 must complete a registered internship under the direct supervision of an
individual currently licensed to practice mortuary science in Minnesota. Interns must file
with the commissioner:

(1) the appropriate fee; and

(2) a registration form indicating the name and home address of the intern, the
date the internship begins, and the name, license number, and business address of the
supervising mortuary science licensee.

(b) Any changes in information provided in the registration must be immediately
reported to the commissioner. The internship shall be a minimum of deleted text beginone calendar year
and a maximum of three calendar years in duration;
deleted text endnew text begin 2,080 hours to be completed within a
three-year period,
new text end however, the commissioner may waive up to deleted text beginthree monthsdeleted text endnew text begin 520 hoursnew text end of
the internship time requirement upon satisfactory completion of a clinical or practicum
in mortuary science administered through the program of mortuary science of the
University of Minnesota or a substantially similar programnew text begin approved by the commissionernew text end.
Registrations must be renewed on an annual basis if they exceed one calendar year. During
the internship period, the intern must be under the direct supervision of a person holding a
current license to practice mortuary science in Minnesota. An intern may be registered
under only one licensee at any given time and may be directed and supervised only by
the registered licensee. The registered licensee shall have only one intern registered at
any given time. The commissioner shall issue to each registered intern a registration
permit that must be displayed with the other establishment and practice licenses. While
under the direct supervision of the licensee, the intern must deleted text beginactively participate in the
embalming of at least 25 dead human bodies and in the arrangements for and direction of
at least 25 funerals
deleted text endnew text begin complete 25 case reports in each of the following areas: embalming,
funeral arrangements, and services
new text end. Case reports, on forms provided by the commissioner,
shall be completed by the interndeleted text begin, signed by the supervising licensee,deleted text end and filed with the
commissioner deleted text beginfor at least 25 embalmings and funerals in which the intern participatesdeleted text endnew text begin prior
to the completion of the internship
new text end. Information contained in these reports that identifies
the subject or the family of the subject embalmed or the subject or the family of the subject
of the funeral shall be classified as licensing data under section 13.41, subdivision 2.

Sec. 29.

Minnesota Statutes 2014, section 149A.40, subdivision 11, is amended to read:


Subd. 11.

Continuing education.

The commissioner deleted text beginmaydeleted text endnew text begin shallnew text end require new text begin15
new text endcontinuing education hours for renewal of a license to practice mortuary science.new text begin Nine
of the hours must be in the following areas: body preparation, care, or handling, 3 CE
hours; professional practices, 3 CE hours; regulation and ethics, 3 CE hours. Continuing
education hours shall be reported to the commissioner every other year based on the
licensee's license number. Licensees whose license ends in an odd number must report CE
hours at renewal time every odd year. If a licensee's license ends in an even number, the
licensee must report the licensee's CE hours at renewal time every even year.
new text end

Sec. 30.

Minnesota Statutes 2014, section 149A.65, is amended to read:


149A.65 FEES.

Subdivision 1.

Generally.

This section establishes the fees for registrations,
examinations, initial and renewal licenses, and late fees authorized under the provisions
of this chapter.

Subd. 2.

Mortuary science fees.

Fees for mortuary science are:

(1) deleted text begin$50deleted text endnew text begin $75new text end for the initial and renewal registration of a mortuary science intern;

(2) deleted text begin$100deleted text end new text begin$125 new text endfor the mortuary science examination;

(3) deleted text begin$125deleted text endnew text begin $200new text end for issuance of initial and renewal mortuary science licenses;

(4) deleted text begin$25deleted text endnew text begin $100new text end late fee charge for a license renewal; and

(5) deleted text begin$200deleted text endnew text begin $250new text end for issuing a mortuary science license by endorsement.

Subd. 3.

Funeral directors.

The license renewal fee for funeral directors is deleted text begin$125deleted text endnew text begin
$200
new text end. The late fee charge for a license renewal is deleted text begin$25deleted text endnew text begin $100new text end.

Subd. 4.

Funeral establishments.

The initial and renewal fee for funeral
establishments is deleted text begin$300deleted text endnew text begin $425new text end. The late fee charge for a license renewal is deleted text begin$25deleted text endnew text begin $100new text end.

Subd. 5.

Crematories.

The initial and renewal fee for a crematory is deleted text begin$300deleted text endnew text begin $425new text end.
The late fee charge for a license renewal is deleted text begin$25deleted text endnew text begin $100new text end.

Subd. 6.

Alkaline hydrolysis facilities.

The initial and renewal fee for an alkaline
hydrolysis facility is deleted text begin$300deleted text endnew text begin $425new text end. The late fee charge for a license renewal is deleted text begin$25deleted text endnew text begin $100new text end.

Subd. 7.

State government special revenue fund.

Fees collected by the
commissioner under this section must be deposited in the state treasury and credited to
the state government special revenue fund.

Sec. 31.

Minnesota Statutes 2014, section 149A.92, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginExemptiondeleted text endnew text begin Establishment updatenew text end.

deleted text beginAll funeral establishments
having a preparation and embalming room that has not been used for the preparation or
embalming of a dead human body in the 12 calendar months prior to July 1, 1997, are
exempt from the minimum requirements in subdivisions 2 to 6, except as provided in this
section.
deleted text end At the time that ownership of a funeral establishment changes, the physical
location of the establishment changes, or the building housing the funeral establishment or
business space of the establishment is remodeled the existing preparation and embalming
room must be brought into compliance with the minimum standards in this sectionnew text begin and in
accordance with subdivision 11
new text end.

Sec. 32.

Minnesota Statutes 2014, section 149A.97, subdivision 7, is amended to read:


Subd. 7.

Reports to commissioner.

Every funeral provider lawfully doing business
in Minnesota that accepts funds under subdivision 2 must make a complete annual report
to the commissioner. The reports may be on forms provided by the commissioner or
substantially similar forms containing, at least, identification and the state of each trust
account, including all transactions involving principal and accrued interest, and must be
filed by March 31 of the calendar year following the reporting year along with a filing fee
of $25 for each report. Fees shall be paid to the commissioner of management and budget,
state of Minnesota, for deposit in the state government special revenue fund in the state
treasury. Reports must be signed by an authorized representative of the funeral provider
and notarized under oath. All reports to the commissioner shall be reviewed for account
inaccuracies or possible violations of this section. If the commissioner has a reasonable
belief to suspect that there are account irregularities or possible violations of this section,
the commissioner shall report that belief, in a timely manner, to the state auditornew text begin or other
state agencies as determined by the commissioner
new text end. new text beginThe commissioner may require a
funeral provider reporting preneed trust accounts under this section to arrange for and
pay an independent third-party auditing firm to complete an audit of the preneed trust
accounts every other year. The funeral provider shall report the findings of the audit to the
commissioner by March 31 of the calendar year following the reporting year. This report is
in addition to the annual report.
new text end The commissioner shall also file an annual letter with the
state auditor disclosing whether or not any irregularities or possible violations were detected
in review of the annual trust fund reports filed by the funeral providers. This letter shall be
filed with the state auditor by May 31 of the calendar year following the reporting year.

Sec. 33.

Minnesota Statutes 2014, section 157.16, is amended to read:


157.16 LICENSES REQUIRED; FEES.

Subdivision 1.

License required annually.

A license is required annually for every
person, firm, or corporation engaged in the business of conducting a food and beverage
service establishment, youth camp, hotel, motel, lodging establishment, public pool,
or resort. Any person wishing to operate a place of business licensed in this section
shall first make application, pay the required fee specified in this section, and receive
approval for operation, including plan review approval. Special event food stands are
not required to submit plans. Nonprofit organizations operating a special event food
stand with multiple locations at an annual one-day event shall be issued only one license.
Application shall be made on forms provided by the commissioner and shall require the
applicant to state the full name and address of the owner of the building, structure, or
enclosure, the lessee and manager of the food and beverage service establishment, hotel,
motel, lodging establishment, public pool, or resort; the name under which the business is
to be conducted; and any other information as may be required by the commissioner to
complete the application for license.

Subd. 2.

License renewal.

Initial and renewal licenses for all food and beverage
service establishments, youth camps, hotels, motels, lodging establishments, public pools,
and resorts shall be issued on an annual basis. Any person who operates a place of business
after the expiration date of a license or without having submitted an application and paid
the fee shall be deemed to have violated the provisions of this chapter and shall be subject
to enforcement action, as provided in the Health Enforcement Consolidation Act, sections
144.989 to 144.993. In addition, a penalty of $60 shall be added to the total of the license
fee for any food and beverage service establishment operating without a license as a mobile
food unit, a seasonal temporary or seasonal permanent food stand, or a special event food
stand, and a penalty of $120 shall be added to the total of the license fee for all restaurants,
food carts, hotels, motels, lodging establishments, youth camps, public pools, and resorts
operating without a license for a period of up to 30 days. A late fee of $360 shall be added
to the license fee for establishments operating more than 30 days without a license.

Subd. 2a.

Food manager certification.

An applicant for certification or certification
renewal as a food manager must submit to the commissioner a $35 nonrefundable
certification fee payable to the Department of Health. The commissioner shall issue a
duplicate certificate to replace a lost, destroyed, or mutilated certificate if the applicant
submits a completed application on a form provided by the commissioner for a duplicate
certificate and pays $20 to the department for the cost of duplication.

Subd. 3.

Establishment fees; definitions.

(a) The following fees are required
for food and beverage service establishments, youth camps, hotels, motels, lodging
establishments, public pools, and resorts licensed under this chapter. deleted text beginFood and beverage
service establishments must pay the highest applicable fee under paragraph (d), clause
(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
fee under paragraph (d), clause (6) or (7).
deleted text end The license fee for new operators previously
licensed under this chapter for the same calendar year is one-half of the appropriate annual
license fee, plus any penalty that may be required. The license fee for operators opening
on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
that may be required.

new text begin (b) Each food and beverage establishment shall pay the applicable fees specified
in section 15.445.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end All deleted text beginfood and beverage service establishments, except special event food
stands, and all
deleted text end hotels, motels, lodging establishments, public pools, and resorts shall pay
an annual base fee of $150new text begin, except for establishments that paid for a food and beverage
establishment license under paragraph (b)
new text end.

deleted text begin (c) A special event food stand shall pay a flat fee of $50 annually. "Special event
food stand" means a fee category where food is prepared or served in conjunction with
celebrations, county fairs, or special events from a special event food stand as defined
in section 157.15.
deleted text end

(d) In addition to the base fee in paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, deleted text begineach food and beverage service
establishment, other than a special event food stand and a school concession stand, and
deleted text end
each hotel, motel, lodging establishment, public pool, and resort shall pay an additional
annual fee for each new text beginapplicable new text endfee categorydeleted text begin, additional food service, or required additional
inspection
deleted text end specified in this paragraph:

deleted text begin (1) Limited food menu selection, $60. "Limited food menu selection" means a fee
category that provides one or more of the following:
deleted text end

deleted text begin (i) prepackaged food that receives heat treatment and is served in the package;
deleted text end

deleted text begin (ii) frozen pizza that is heated and served;
deleted text end

deleted text begin (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
deleted text end

deleted text begin (iv) soft drinks, coffee, or nonalcoholic beverages; or
deleted text end

deleted text begin (v) cleaning for eating, drinking, or cooking utensils, when the only food served
is prepared off site.
deleted text end

deleted text begin (2) Small establishment, including boarding establishments, $120. "Small
establishment" means a fee category that has no salad bar and meets one or more of
the following:
deleted text end

deleted text begin (i) possesses food service equipment that consists of no more than a deep fat fryer, a
grill, two hot holding containers, and one or more microwave ovens;
deleted text end

deleted text begin (ii) serves dipped ice cream or soft serve frozen desserts;
deleted text end

deleted text begin (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
deleted text end

deleted text begin (iv) is a boarding establishment; or
deleted text end

deleted text begin (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
patron seating capacity of not more than 50.
deleted text end

deleted text begin (3) Medium establishment, $310. "Medium establishment" means a fee category
that meets one or more of the following:
deleted text end

deleted text begin (i) possesses food service equipment that includes a range, oven, steam table, salad
bar, or salad preparation area;
deleted text end

deleted text begin (ii) possesses food service equipment that includes more than one deep fat fryer,
one grill, or two hot holding containers; or
deleted text end

deleted text begin (iii) is an establishment where food is prepared at one location and served at one or
more separate locations.
deleted text end

deleted text begin Establishments meeting criteria in clause (2), item (v), are not included in this fee
category.
deleted text end

deleted text begin (4) Large establishment, $540. "Large establishment" means either:
deleted text end

deleted text begin (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
medium establishment, (B) seats more than 175 people, and (C) offers the full menu
selection an average of five or more days a week during the weeks of operation; or
deleted text end

deleted text begin (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
establishment, and (B) prepares and serves 500 or more meals per day.
deleted text end

deleted text begin (5) Other food and beverage service, including food carts, mobile food units,
seasonal temporary food stands, and seasonal permanent food stands, $60.
deleted text end

deleted text begin (6) Beer or wine table service, $60. "Beer or wine table service" means a fee
category where the only alcoholic beverage service is beer or wine, served to customers
seated at tables.
deleted text end

deleted text begin (7) Alcoholic beverage service, other than beer or wine table service, $165.
deleted text end

deleted text begin "Alcohol beverage service, other than beer or wine table service" means a fee category
where alcoholic mixed drinks are served or where beer or wine are served from a bar.
deleted text end

deleted text begin (8)deleted text endnew text begin (1)new text end Lodging per sleeping accommodation unit, $10, including hotels, motels,
lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping
accommodation unit" means a fee category including the number of guest rooms, cottages,
or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
beds in a dormitory.

deleted text begin (9)deleted text endnew text begin (2)new text end First public pool, $325; each additional public pool, $175. "Public pool"
means a fee category that has the meaning given in section 144.1222, subdivision 4.

deleted text begin (10)deleted text endnew text begin (3)new text end First spa, $175; each additional spa, $100. "Spa pool" means a fee category
that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.

deleted text begin (11)deleted text endnew text begin (4)new text end Private sewer or water, $60. "Individual private water" means a fee category
with a water supply other than a community public water supply as deleted text begindefineddeleted text endnew text begin coverednew text end in
Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with an
individual sewage treatment system which uses subsurface treatment and disposal.

deleted text begin (12) Additional food service, $150. "Additional food service" means a location at
a food service establishment, other than the primary food preparation and service area,
used to prepare or serve food to the public. Additional food service does not apply to
school concession stands.
deleted text end

deleted text begin (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to
conduct the second inspection each year for elementary and secondary education facility
school lunch programs when required by the Richard B. Russell National School Lunch
Act.
deleted text end

new text begin (e) Youth camps shall pay an annual single fee for food and lodging as follows:
new text end

new text begin (1) camps with up to 99 campers, $325;
new text end

new text begin (2) camps with 100 to 199 campers, $550; and
new text end

new text begin (3) camps with 200 or more campers, $750.
new text end

new text begin (f) A youth camp that pays fees under paragraph (b) or (d) is not required to pay
fees under paragraph (e).
new text end

new text begin Subd. 3a. new text end

new text begin Construction plan review. new text end

deleted text begin(e)deleted text endnew text begin (a)new text end A fee for review of construction plans
must accompany the initial license application for restaurants, hotels, motels, lodging
establishments, resorts, seasonal food stands, and mobile food units. The fee for this
construction plan review is as follows:

Service Area
Type
Fee
Food
deleted text begin limited food menu deleted text end new text begin category 1 establishment
new text end
$275
deleted text beginsmalldeleted text endnew text begin category 2new text end establishment
$400
deleted text beginmediumdeleted text endnew text begin category 3new text end establishment
$450
deleted text beginlarge fooddeleted text endnew text begin category 4new text end establishment
$500
additional food service
$150
deleted text begin Transient food service deleted text end new text begin
Temporary food
establishment
new text end
food cart
$250
seasonal permanent food stand
$250
seasonal temporary food stand
$250
mobile food unit
$350
deleted text begin Alcohol
deleted text end
deleted text begin beer or wine table service
deleted text end
deleted text begin $150
deleted text end
deleted text begin alcohol service from bar
deleted text end
deleted text begin $250
deleted text end
Lodging
less than 25 rooms
$375
25 to less than 100 rooms
$400
100 rooms or more
$500
less than five cabins
$350
five to less than ten cabins
$400
ten cabins or more
$450

deleted text begin (f)deleted text endnew text begin (b)new text end When existing food and beverage service establishments, hotels, motels,
lodging establishments, resorts, seasonal food stands, and mobile food units are
extensively remodeled, a fee must be submitted with the remodeling plans. The fee for
this construction plan review is as follows:

Service Area
Type
Fee
Food
deleted text begin limited food menu deleted text end new text begin category 1 establishment
new text end
$250
deleted text beginsmalldeleted text endnew text begin category 2new text end establishment
$300
deleted text beginmediumdeleted text endnew text begin category 3new text end establishment
$350
deleted text beginlargedeleted text endnew text begin category 4new text end food establishment
$400
additional food service
$150
deleted text begin Transient food service deleted text end new text begin
Temporary food
establishment
new text end
food cart
$250
seasonal permanent food stand
$250
seasonal temporary food stand
$250
mobile food unit
$250
deleted text begin Alcohol
deleted text end
deleted text begin beer or wine table service
deleted text end
deleted text begin $150
deleted text end
deleted text begin alcohol service from bar
deleted text end
deleted text begin $250
deleted text end
Lodging
less than 25 rooms
$250
25 to less than 100 rooms
$300
100 rooms or more
$450
less than five cabins
$250
five to less than ten cabins
$350
ten cabins or more
$400

deleted text begin (g)deleted text endnew text begin (c)new text end Special event food stands are not required to submit construction or
remodeling plans for review.

deleted text begin (h) Youth camps shall pay an annual single fee for food and lodging as follows:
deleted text end

deleted text begin (1) camps with up to 99 campers, $325;
deleted text end

deleted text begin (2) camps with 100 to 199 campers, $550; and
deleted text end

deleted text begin (3) camps with 200 or more campers, $750.
deleted text end

deleted text begin (i) A youth camp which pays fees under paragraph (d) is not required to pay fees
under paragraph (h).
deleted text end

Subd. deleted text begin3a.deleted text endnew text begin 3b.new text end

Statewide hospitality fee.

Every person, firm, or corporation that
operates a licensed boarding establishment, food and beverage service establishment,
seasonal temporary or permanent food stand, special event food stand, mobile food unit,
food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the
commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee
for establishments licensed by the Department of Health is required at the same time the
licensure fee is due. For establishments licensed by local governments, the fee is due by
July 1 of each year.

Subd. 4.

Posting requirements.

Every food and beverage service establishment,
for-profit youth camp, hotel, motel, lodging establishment, public pool, or resort must
have the new text beginoriginal new text endlicense posted in a conspicuous place at the establishment. deleted text beginMobile food
units, food carts, and seasonal temporary food stands shall be issued decals with the
initial license and each calendar year with license renewals. The current license year
decal must be placed on the unit or stand in a location determined by the commissioner.
Decals are not transferable.
deleted text end

new text begin Subd. 5. new text end

new text begin Special revenue fund. new text end

new text begin Fees collected under this section shall be deposited
in the state treasury and credited to the state government special revenue fund.
new text end

ARTICLE 9

HEALTH LICENSING BOARD FEE MODIFICATIONS

Section 1.

Minnesota Statutes 2014, section 148.57, subdivision 1, is amended to read:


Subdivision 1.

Examination.

(a) A person not authorized to practice optometry in
the state and desiring to do so shall apply to the state Board of Optometry by filling out
and swearing to an application for a license granted by the board and accompanied by a
fee deleted text beginin an amount of $87deleted text endnew text begin established by the board, not to exceed the amount specified in
section 148.59
new text end. With the submission of the application form, the candidate shall prove
that the candidate:

(1) is of good moral character;

(2) has obtained a clinical doctorate degree from a board-approved school or college
of optometry, or is currently enrolled in the final year of study at such an institution; and

(3) has passed all parts of an examination.

(b) The examination shall include both a written portion and a clinical practical
portion and shall thoroughly test the fitness of the candidate to practice in this state. In
regard to the written and clinical practical examinations, the board may:

(1) prepare, administer, and grade the examination itself;

(2) recognize and approve in whole or in part an examination prepared, administered
and graded by a national board of examiners in optometry; or

(3) administer a recognized and approved examination prepared and graded by or
under the direction of a national board of examiners in optometry.

(c) The board shall issue a license to each applicant who satisfactorily passes the
examinations and fulfills the other requirements stated in this section and section 148.575
for board certification for the use of legend drugs. Applicants for initial licensure do not
need to apply for or possess a certificate as referred to in sections 148.571 to 148.574. The
fees mentioned in this section are for the use of the board and in no case shall be refunded.

Sec. 2.

Minnesota Statutes 2014, section 148.57, subdivision 2, is amended to read:


Subd. 2.

Endorsement.

An optometrist who holds a current license from another
state, and who has practiced in that state not less than three years immediately preceding
application, may apply for licensure in Minnesota by filling out and swearing to an
application for license by endorsement furnished by the board. The completed application
with all required documentation shall be filed at the board office along with a fee deleted text beginof $87deleted text endnew text begin
established by the board, not to exceed the amount specified in section 148.59
new text end. The
application fee shall be for the use of the board and in no case shall be refunded. To
verify that the applicant possesses the knowledge and ability essential to the practice of
optometry in this state, the applicant must provide evidence of:

(1) having obtained a clinical doctorate degree from a board-approved school
or college of optometry;

(2) successful completion of both written and practical examinations for licensure in
the applicant's original state of licensure that thoroughly tested the fitness of the applicant
to practice;

(3) successful completion of an examination of Minnesota state optometry laws;

(4) compliance with the requirements for board certification in section 148.575;

(5) compliance with all continuing education required for license renewal in every
state in which the applicant currently holds an active license to practice; and

(6) being in good standing with every state board from which a license has been
issued.

Documentation from a national certification system or program, approved by the
board, which supports any of the listed requirements, may be used as evidence. The
applicant may then be issued a license if the requirements for licensure in the other state
are deemed by the board to be equivalent to those of sections 148.52 to 148.62.

Sec. 3.

Minnesota Statutes 2014, section 148.59, is amended to read:


148.59 LICENSE RENEWAL; deleted text beginFEEdeleted text endnew text begin LICENSE AND REGISTRATION FEESnew text end.

A licensed optometrist shall pay to the state Board of Optometry a fee as set by the
board in order to renew a license as provided by board rule.new text begin No fees shall be refunded.
Fees may not exceed the following amounts but may be adjusted lower by board direction
and are for the exclusive use of the board:
new text end

new text begin (1) optometry licensure application, $160;
new text end

new text begin (2) optometry annual licensure renewal, $135;
new text end

new text begin (3) optometry late penalty fee, $75;
new text end

new text begin (4) annual license renewal card, $10;
new text end

new text begin (5) continuing education provider application, $45;
new text end

new text begin (6) emeritus registration, $10;
new text end

new text begin (7) endorsement/reciprocity application, $160;
new text end

new text begin (8) replacement of initial license, $12; and
new text end

new text begin (9) license verification, $50.
new text end

Sec. 4.

Minnesota Statutes 2014, section 148E.180, subdivision 2, is amended to read:


Subd. 2.

License fees.

License fees are as follows:

(1) for a licensed social worker, $81;

(2) for a licensed graduate social worker, $144;

(3) for a licensed independent social worker, $216;

(4) for a licensed independent clinical social worker, $238.50;

(5) for an emeritus new text begininactive new text endlicense, $43.20; deleted text beginand
deleted text end

(6) new text beginfor an emeritus active license, one-half of the renewal fee specified in subdivision
3; and
new text end

new text begin (7) new text endfor a temporary leave fee, the same as the renewal fee specified in subdivision 3.

If the licensee's initial license term is less or more than 24 months, the required
license fees must be prorated proportionately.

Sec. 5.

Minnesota Statutes 2014, section 148E.180, subdivision 5, is amended to read:


Subd. 5.

Late fees.

Late fees are as follows:

(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3; deleted text beginand
deleted text end

(2) supervision plan late fee, $40deleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) license late fee, $100 plus the prorated share of the license fee specified in
subdivision 2 for the number of months during which the individual practiced social
work without a license.
new text end

Sec. 6.

Minnesota Statutes 2014, section 150A.091, subdivision 4, is amended to read:


Subd. 4.

Annual license fees.

Each limited faculty or resident dentist shall submit
with an annual license renewal application a fee established by the board not to exceed
the following amounts:

(1) limited faculty dentist, $168; and

(2) resident dentist or dental provider, deleted text begin$59deleted text endnew text begin $85new text end.

Sec. 7.

Minnesota Statutes 2014, section 150A.091, subdivision 5, is amended to read:


Subd. 5.

Biennial license or permit fees.

Each of the following applicants shall
submit with a biennial license or permit renewal application a fee as established by the
board, not to exceed the following amounts:

(1) dentist or full faculty dentist, deleted text begin$336deleted text endnew text begin $475new text end;

(2) dental therapist, deleted text begin$180deleted text endnew text begin $300new text end;

(3) dental hygienist, deleted text begin$118deleted text endnew text begin $200new text end;

(4) licensed dental assistant, deleted text begin$80deleted text endnew text begin $150new text end; and

(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500,
subpart 3, $24.

Sec. 8.

Minnesota Statutes 2014, section 150A.091, subdivision 11, is amended to read:


Subd. 11.

Certificate application fee for anesthesia/sedation.

Each dentist
shall submit with a general anesthesia or moderate sedation application deleted text beginordeleted text endnew text begin,new text end a contracted
sedation provider applicationnew text begin, or biennial renewal, new text end a fee as established by the board not to
exceed the following amounts:

(1) for both a general anesthesia and moderate sedation application, deleted text begin$250deleted text endnew text begin $400new text end;

(2) for a general anesthesia application only, deleted text begin$250deleted text endnew text begin $400new text end;

(3) for a moderate sedation application only, deleted text begin$250deleted text endnew text begin $400new text end; and

(4) for a contracted sedation provider application, deleted text begin$250deleted text endnew text begin $400new text end.

Sec. 9.

Minnesota Statutes 2014, section 150A.091, is amended by adding a
subdivision to read:


new text begin Subd. 17. new text end

new text begin Advanced dental therapy examination fee. new text end

new text begin Any dental therapist eligible
to sit for the advanced dental therapy certification examination must submit with the
application a fee as established by the board, not to exceed $250.
new text end

Sec. 10.

Minnesota Statutes 2014, section 150A.091, is amended by adding a
subdivision to read:


new text begin Subd. 18. new text end

new text begin Corporation or professional firm late fee. new text end

new text begin Any corporation or
professional firm whose annual fee is not postmarked or otherwise received by the board
by the due date of December 31 shall, in addition to the fee, submit a late fee as established
by the board, not to exceed $15.
new text end

Sec. 11.

Minnesota Statutes 2014, section 150A.31, is amended to read:


150A.31 FEES.

(a) The initial biennial registration fee is $50.

(b) The biennial renewal registration fee is deleted text begin$25deleted text endnew text begin not to exceed $80new text end.

(c) The fees specified in this section are nonrefundable and shall be deposited in
the state government special revenue fund.

Sec. 12.

Minnesota Statutes 2014, section 151.065, subdivision 1, is amended to read:


Subdivision 1.

Application fees.

Application fees for licensure and registration
are as follows:

(1) pharmacist licensed by examination, deleted text begin$130deleted text endnew text begin $145new text end;

(2) pharmacist licensed by reciprocity, deleted text begin$225deleted text endnew text begin $240new text end;

(3) pharmacy intern, deleted text begin$30deleted text endnew text begin $37.50new text end;

(4) pharmacy technician, deleted text begin$30deleted text endnew text begin $37.50new text end;

(5) pharmacy, deleted text begin$190deleted text endnew text begin $225new text end;

(6) drug wholesaler, legend drugs only, deleted text begin$200deleted text endnew text begin $235new text end;

(7) drug wholesaler, legend and nonlegend drugs, deleted text begin$200deleted text endnew text begin $235new text end;

(8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, deleted text begin$175deleted text endnew text begin $210new text end;

(9) drug wholesaler, medical gases, deleted text begin$150deleted text endnew text begin $175new text end;

(10) drug wholesaler, also licensed as a pharmacy in Minnesota, deleted text begin$125deleted text endnew text begin $150new text end;

(11) drug manufacturer, legend drugs only, deleted text begin$200deleted text endnew text begin $235new text end;

(12) drug manufacturer, legend and nonlegend drugs, deleted text begin$200deleted text endnew text begin $235new text end;

(13) drug manufacturer, nonlegend or veterinary legend drugs, deleted text begin$175deleted text endnew text begin $210new text end;

(14) drug manufacturer, medical gases, deleted text begin$150deleted text endnew text begin $185new text end;

(15) drug manufacturer, also licensed as a pharmacy in Minnesota, deleted text begin$125deleted text endnew text begin $150new text end;

(16) medical gas distributor, deleted text begin$75deleted text endnew text begin $110new text end;

(17) controlled substance researcher, deleted text begin$50deleted text endnew text begin $75new text end; and

(18) pharmacy professional corporation, deleted text begin$100deleted text endnew text begin $125new text end.

Sec. 13.

Minnesota Statutes 2014, section 151.065, subdivision 2, is amended to read:


Subd. 2.

Original license fee.

The pharmacist original licensure fee, deleted text begin$130deleted text endnew text begin $145new text end.

Sec. 14.

Minnesota Statutes 2014, section 151.065, subdivision 3, is amended to read:


Subd. 3.

Annual renewal fees.

Annual licensure and registration renewal fees
are as follows:

(1) pharmacist, deleted text begin$130deleted text endnew text begin $145new text end;

(2) pharmacy technician, deleted text begin$30deleted text endnew text begin $37.50new text end;

(3) pharmacy, deleted text begin$190deleted text endnew text begin $225new text end;

(4) drug wholesaler, legend drugs only, deleted text begin$200deleted text endnew text begin $235new text end;

(5) drug wholesaler, legend and nonlegend drugs, deleted text begin$200deleted text endnew text begin $235new text end;

(6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, deleted text begin$175deleted text endnew text begin $210new text end;

(7) drug wholesaler, medical gases, deleted text begin$150deleted text endnew text begin $185new text end;

(8) drug wholesaler, also licensed as a pharmacy in Minnesota, deleted text begin$125deleted text endnew text begin $150new text end;

(9) drug manufacturer, legend drugs only, deleted text begin$200deleted text endnew text begin $235new text end;

(10) drug manufacturer, legend and nonlegend drugs, deleted text begin$200deleted text endnew text begin $235new text end;

(11) drug manufacturer, nonlegend, veterinary legend drugs, or both, deleted text begin$175deleted text endnew text begin $210new text end;

(12) drug manufacturer, medical gases, deleted text begin$150deleted text endnew text begin $185new text end;

(13) drug manufacturer, also licensed as a pharmacy in Minnesota, deleted text begin$125deleted text endnew text begin $150new text end;

(14) medical gas distributor, deleted text begin$75deleted text endnew text begin $110new text end;

(15) controlled substance researcher, deleted text begin$50deleted text endnew text begin $75new text end; and

(16) pharmacy professional corporation, deleted text begin$45deleted text endnew text begin $75new text end.

Sec. 15.

Minnesota Statutes 2014, section 151.065, subdivision 4, is amended to read:


Subd. 4.

Miscellaneous fees.

Fees for issuance of affidavits and duplicate licenses
and certificates are as follows:

(1) intern affidavit, deleted text begin$15deleted text endnew text begin $20new text end;

(2) duplicate small license, deleted text begin$15deleted text endnew text begin $20new text end; and

(3) duplicate large certificate, deleted text begin$25deleted text endnew text begin $30new text end.

ARTICLE 10

HEALTH AND HUMAN SERVICES 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 appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2016" and "2017" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2016, or
June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
year 2017. "The biennium" is fiscal years 2016 and 2017.
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 2016
new text end
new text begin 2017
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 7,206,221,000
new text end
new text begin $
new text end
new text begin 7,544,129,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2016
new text end
new text begin 2017
new text end
new text begin General
new text end
new text begin 6,287,850,000
new text end
new text begin 6,543,610,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 4,514,000
new text end
new text begin 4,274,000
new text end
new text begin Health Care Access
new text end
new text begin 645,221,000
new text end
new text begin 730,343,000
new text end
new text begin Federal TANF
new text end
new text begin 266,743,000
new text end
new text begin 264,006,000
new text end
new text begin Lottery Prize
new text end
new text begin 1,893,000
new text end
new text begin 1,896,000
new text end

new text begin Receipts for Systems Projects.
Appropriations and federal receipts for
information systems projects for MAXIS,
PRISM, MMIS, ISDS, and SSIS must
be deposited in the state systems account
authorized in Minnesota Statutes, section
256.014. Money appropriated for computer
projects approved by the commissioner
of the Office of MN.IT Services, funded
by the legislature, and approved by the
commissioner of management and budget
may be transferred from one project to
another and from development to operations
as the commissioner of human services
considers necessary. Any unexpended
balance in the appropriation for these
projects does not cancel but is available for
ongoing development and operations.
new text end

new text begin Nonfederal Share Transfers. The
nonfederal share of activities for which
federal administrative reimbursement is
appropriated to the commissioner may be
transferred to the special revenue fund.
new text end

new text begin TANF Maintenance of Effort. (a) In order
to meet the basic maintenance of effort
(MOE) requirements of the TANF block grant
specified under Code of Federal Regulations,
title 45, section 263.1, the commissioner may
only report nonfederal money expended for
allowable activities listed in the following
clauses as TANF/MOE expenditures:
new text end

new text begin (1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;
new text end

new text begin (2) the child care assistance programs
under Minnesota Statutes, sections 119B.03
and 119B.05, and county child care
administrative costs under Minnesota
Statutes, section 119B.15;
new text end

new text begin (3) state and county MFIP administrative
costs under Minnesota Statutes, chapters
256J and 256K;
new text end

new text begin (4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;
new text end

new text begin (5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;
new text end

new text begin (6) qualifying working family credit
expenditures under Minnesota Statutes,
section 290.0671; and
new text end

new text begin (7) qualifying Minnesota education credit
expenditures under Minnesota Statutes,
section 290.0674.
new text end

new text begin (b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures
are made each year to meet the state's
TANF/MOE requirements. For the activities
listed in paragraph (a), clauses (2) to
(7), the commissioner may only report
expenditures that are excluded from the
definition of assistance under Code of
Federal Regulations, title 45, section 260.31.
new text end

new text begin (c) For fiscal years beginning with state fiscal
year 2003, the commissioner shall ensure
that the maintenance of effort used by the
commissioner of management and budget
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of
Federal Regulations, title 45, section 263.1.
new text end

new text begin (d) The requirement in Minnesota Statutes,
section 256.011, subdivision 3, that federal
grants or aids secured or obtained under that
subdivision be used to reduce any direct
appropriations provided by law, does not
apply if the grants or aids are federal TANF
funds.
new text end

new text begin (e) For the federal fiscal years beginning on
or after October 1, 2007, the commissioner
may not claim an amount of TANF/MOE in
excess of the 75 percent standard in Code
of Federal Regulations, title 45, section
263.1(a)(2), except:
new text end

new text begin (1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1),
if it is determined by the commissioner
that the state will not meet the TANF work
participation target rate for the current year;
new text end

new text begin (2) to provide any additional amounts
under Code of Federal Regulations, title 45,
section 264.5, that relate to replacement of
TANF funds due to the operation of TANF
penalties; and
new text end

new text begin (3) to provide any additional amounts that
may contribute to avoiding or reducing
TANF work participation penalties through
the operation of the excess MOE provisions
of Code of Federal Regulations, title 45,
section 261.43(a)(2).
new text end

new text begin
For the purposes of clauses (1) to (3),
the commissioner may supplement the
MOE claim with working family credit
expenditures or other qualified expenditures
to the extent such expenditures are otherwise
available after considering the expenditures
allowed in this subdivision, subdivision 2,
and subdivision 3.
new text end

new text begin (f) Notwithstanding any contrary provision
in this article, paragraphs (a) to (e) expire
June 30, 2019.
new text end

new text begin Working Family Credit Expenditure
as TANF/MOE
. The commissioner may
claim as TANF maintenance of effort up to
$6,707,000 per year of working family credit
expenditures in each fiscal year.
new text end

new text begin Subd. 2. new text end

new text begin Working Family Credit to be Claimed
for TANF/MOE
new text end

new text begin The commissioner may count the following
additional amounts of working family credit
expenditures as TANF maintenance of effort:
new text end

new text begin (1) fiscal year 2016, $0;
new text end

new text begin (2) fiscal year 2017, $1,283,000;
new text end

new text begin (3) fiscal year 2018, $0; and
new text end

new text begin (4) fiscal year 2019, $0.
new text end

new text begin Notwithstanding any contrary provision in
this article, this subdivision expires June 30,
2019.
new text end

new text begin Subd. 3. new text end

new text begin TANF Transfer To Federal Child Care
and Development Fund
new text end

new text begin (a) The following TANF fund amounts
are appropriated to the commissioner for
purposes of MFIP/transition year child care
assistance under Minnesota Statutes, section
119B.05:
new text end

new text begin (1) fiscal year 2016, $49,135,000;
new text end

new text begin (2) fiscal year 2017, $49,658,000;
new text end

new text begin (3) fiscal year 2018, $49,658,000; and
new text end

new text begin (4) fiscal year 2019, $49,658,000.
new text end

new text begin (b) The commissioner shall authorize the
transfer of sufficient TANF funds to the
federal child care and development fund to
meet this appropriation and shall ensure that
all transferred funds are expended according
to federal child care and development fund
regulations.
new text end

new text begin Subd. 4. new text end

new text begin Central Office
new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
new text end

new text begin (a) Operations
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 113,514,000
new text end
new text begin 111,463,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 4,389,000
new text end
new text begin 4,149,000
new text end
new text begin Health Care Access
new text end
new text begin 14,646,000
new text end
new text begin 13,751,000
new text end
new text begin Federal TANF
new text end
new text begin 100,000
new text end
new text begin 100,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $561,000 in fiscal years
2018 and 2019. The health care access fund
base is decreased by $455,000 in fiscal years
2018 and 2019.
new text end

new text begin Administrative Recovery; Set-Aside. The
commissioner may invoice local entities
through the SWIFT accounting system as an
alternative means to recover the actual cost
of administering the following provisions:
new text end

new text begin (1) Minnesota Statutes, section 125A.744,
subdivision 3;
new text end

new text begin (2) Minnesota Statutes, section 245.495,
paragraph (b);
new text end

new text begin (3) Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);
new text end

new text begin (4) Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);
new text end

new text begin (5) Minnesota Statutes, section 256B.0945,
subdivision 4, paragraph (d); and
new text end

new text begin (6) Minnesota Statutes, section 256F.10,
subdivision 6, paragraph (b).
new text end

new text begin IT Appropriations Generally. This
appropriation includes funds for information
technology projects, services, and support.
Notwithstanding Minnesota Statutes,
section 16E.0466, funding for information
technology project costs shall be incorporated
into the service level agreement and paid
to the Office of MN.IT Services by the
Department of Human Services under
the rates and mechanism specified in that
agreement.
new text end

new text begin Continued Development of MNsure
IT System.
The following amounts are
appropriated for transfer to the state systems
account under Minnesota Statutes, section
256.014:
new text end

new text begin (1) $5,180,000 in fiscal year 2016 and
$2,590,000 in fiscal year 2017 are from
the general fund for the state share of
Medicaid-allocated costs for the acceleration
of the MNsure IT system development
project. The general fund base is $3,045,000
each year in fiscal years 2018 and 2019; and
new text end

new text begin (2) $1,820,000 in fiscal year 2016 and
$910,000 in fiscal year 2017 are from the
health care access fund for the state share
of MinnesotaCare-allocated costs for the
acceleration of the MNsure IT system
development project. The health care access
fund base is $455,000 each year in fiscal
years 2018 and 2019.
new text end

new text begin (b) Children and Families
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 11,609,000
new text end
new text begin 11,993,000
new text end
new text begin Federal TANF
new text end
new text begin 2,582,000
new text end
new text begin 2,582,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $31,000 in fiscal years
2018 and 2019.
new text end

new text begin Financial Institution Data Match and
Payment of Fees.
The commissioner is
authorized to allocate up to $310,000 each
year in fiscal year 2016 and fiscal year
2017 from the PRISM special revenue
account to make payments to financial
institutions in exchange for performing
data matches between account information
held by financial institutions and the public
authority's database of child support obligors
as authorized by Minnesota Statutes, section
13B.06, subdivision 7.
new text end

new text begin (c) Health Care
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 15,534,000
new text end
new text begin 16,119,000
new text end
new text begin Health Care Access
new text end
new text begin 30,174,000
new text end
new text begin 30,216,000
new text end

new text begin Base Level Adjustment. The general fund
base is decreased by $16,000 in fiscal year
2018 and is decreased by $114,000 in fiscal
year 2019. The health care access fund base
is increased by $1,740,000 in fiscal year
2018 only.
new text end

new text begin (d) Continuing Care
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 31,367,000
new text end
new text begin 29,235,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 125,000
new text end
new text begin 125,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $111,000 in fiscal years
2018 and 2019.
new text end

new text begin (e) Chemical and Mental Health
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 6,855,000
new text end
new text begin 7,270,000
new text end
new text begin Lottery Prize
new text end
new text begin 160,000
new text end
new text begin 163,000
new text end

new text begin Base Level Adjustment. The general fund
base is decreased by $213,000 in fiscal year
2018 and is decreased by $265,000 in fiscal
year 2019.
new text end

new text begin Subd. 5. new text end

new text begin Forecasted Programs
new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
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
new text end
new text begin 91,040,000
new text end
new text begin 93,952,000
new text end
new text begin Federal TANF
new text end
new text begin 86,139,000
new text end
new text begin 82,546,000
new text end
new text begin (b) MFIP Child Care Assistance
new text end
new text begin 99,736,000
new text end
new text begin 107,296,000
new text end
new text begin (c) General Assistance
new text end
new text begin 55,884,000
new text end
new text begin 58,600,000
new text end

new text begin General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.
new text end

new text begin Emergency General Assistance. The
amount appropriated for emergency
general assistance is limited to no more
than $6,729,812 in fiscal year 2016 and
$6,729,812 in fiscal year 2017. Funds
to counties shall be allocated by the
commissioner using the allocation method
under Minnesota Statutes, section 256D.06.
new text end

new text begin (d) Minnesota Supplemental Aid
new text end
new text begin 39,668,000
new text end
new text begin 40,207,000
new text end
new text begin (e) Group Residential Housing
new text end
new text begin 156,612,000
new text end
new text begin 170,619,000
new text end
new text begin (f) Northstar Care for Children
new text end
new text begin 45,206,000
new text end
new text begin 49,599,000
new text end
new text begin (g) MinnesotaCare
new text end
new text begin 398,264,000
new text end
new text begin 472,748,000
new text end

new text begin This appropriation is 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
new text end
new text begin 4,887,942,000
new text end
new text begin 5,109,885,000
new text end
new text begin Health Care Access
new text end
new text begin 196,186,000
new text end
new text begin 206,650,000
new text end

new text begin Critical Access Nursing Facilities.
$1,500,000 each fiscal year is for critical
access nursing facilities under Minnesota
Statutes, section 256B.441, subdivision 63.
new text end

new text begin (i) Alternative Care
new text end
new text begin 43,996,000
new text end
new text begin 43,220,000
new text end

new text begin Alternative Care Transfer. Any money
allocated to the alternative care program that
is not spent for the purposes indicated does
not cancel but must be transferred to the
medical assistance account.
new text end

new text begin (j) Chemical Dependency Treatment Fund
new text end
new text begin 82,454,000
new text end
new text begin 88,983,000
new text end

new text begin Subd. 6. new text end

new text begin Grant Programs
new text end

new text begin The amounts that may be spent from this
appropriation for each purpose are as follows:
new text end

new text begin (a) Support Services Grants
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 13,258,000
new text end
new text begin 8,840,000
new text end
new text begin Federal TANF
new text end
new text begin 96,311,000
new text end
new text begin 96,311,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $227,000 in fiscal years
2018 and 2019.
new text end

new text begin (b) Basic Sliding Fee Child Care Assistance
Grants
new text end
new text begin 52,269,000
new text end
new text begin 53,145,000
new text end

new text begin Basic Sliding Fee Waiting List Allocation.
Notwithstanding Minnesota Statutes, section
119B.03, funds appropriated to reduce the
basic sliding fee program waiting list in state
fiscal year 2016 are allocated as follows:
new text end

new text begin (1) The calendar year 2016 allocation shall
be increased to serve families on the waiting
list. To receive funds appropriated for this
purpose, a county must have:
new text end

new text begin (i) a waiting list in the most recent published
waiting list month;
new text end

new text begin (ii) an average of at least ten families on the
most recent six months of published waiting
list; and
new text end

new text begin (iii) total expenditures in calendar year
2014 that met or exceeded 80 percent of the
county's available final allocation.
new text end

new text begin (2) Funds shall be distributed proportionately
based on the average of the most recent six
months of published waiting lists to counties
that meet the criteria in clause (1).
new text end

new text begin (3) Allocations in calendar years 2017
and beyond shall be calculated using the
allocation formula in Minnesota Statutes,
section 119B.03.
new text end

new text begin (4) The guaranteed floor for calendar year
2017 shall be based on the revised calendar
year 2016 allocation.
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $3,545,000 in fiscal
years 2018 and 2019.
new text end

new text begin (c) Child Care Development Grants
new text end
new text begin 2,600,000
new text end
new text begin 3,347,000
new text end
new text begin (d) Child Support Enforcement Grants
new text end
new text begin 50,000
new text end
new text begin 50,000
new text end
new text begin (e) Children's Services Grants
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 14,600,000
new text end
new text begin 14,600,000
new text end
new text begin Federal TANF
new text end
new text begin 140,000
new text end
new text begin 140,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $865,000 in fiscal years
2018 and 2019.
new text end

new text begin Title IV-E Adoption Assistance. Additional
federal reimbursement to the state as a result
of the Fostering Connections to Success
and Increasing Adoptions Act's expanded
eligibility for title IV-E adoption assistance
is appropriated to the commissioner
for postadoption services, including a
parent-to-parent support network.
new text end

new text begin Adoption Assistance Incentive Grants.
Federal funds available during fiscal years
2016 and 2017 for adoption incentive grants
are appropriated to the commissioner for
these purposes.
new text end

new text begin (f) Children and Community Service Grants
new text end
new text begin 57,701,000
new text end
new text begin 57,701,000
new text end

new text begin White Earth Band of Ojibwe Human
Services.
$1,400,000 in fiscal year 2016
and $1,400,000 in fiscal year 2017 are
appropriated for a grant to the White Earth
Band of Ojibwe for the direct implementation
and administrative costs of the White Earth
transfer authorized under Laws 2011, First
Special Session chapter 9, article 9, section
18. This appropriation is added to the base.
new text end

new text begin (g) Children and Economic Support Grants
new text end
new text begin 23,610,000
new text end
new text begin 23,793,000
new text end

new text begin Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2016 do
not cancel but are available for this purpose
in fiscal year 2017.
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $209,000 in fiscal year
2018 and is increased by $447,000 in fiscal
year 2019.
new text end

new text begin (h) Health Care Grants
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 90,000
new text end
new text begin 640,000
new text end
new text begin Health Care Access
new text end
new text begin 3,341,000
new text end
new text begin 3,465,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $600,000 in fiscal year
2018 only.
new text end

new text begin (i) Aging and Adult Services Grants
new text end
new text begin 27,713,000
new text end
new text begin 27,412,000
new text end
new text begin (j) Deaf and Hard-of-Hearing Grants
new text end
new text begin 1,875,000
new text end
new text begin 1,875,000
new text end
new text begin (k) Disabilities Grants
new text end
new text begin 21,798,000
new text end
new text begin 21,983,000
new text end

new text begin new text begin Transition Populations. new text end$1,551,000 in
fiscal year 2016 and $1,725,000 in fiscal
year 2017 are appropriated for home
and community-based services transition
grants to assist in providing home and
community-based services and treatment
for transition populations under Minnesota
Statutes, section 256.478.
new text end

new text begin (l) Adult Mental Health Grants
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 67,392,000
new text end
new text begin 68,244,000
new text end
new text begin Health Care Access
new text end
new text begin 2,610,000
new text end
new text begin 3,513,000
new text end
new text begin Lottery Prize
new text end
new text begin 1,733,000
new text end
new text begin 1,733,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $3,076,000 in fiscal year
2018 and is increased by $3,376,000 in fiscal
year 2019. The health care access fund base
is decreased by $2,763,000 in fiscal years
2018 and 2019.
new text end

new text begin Funding Usage. Up to 75 percent of a fiscal
year's appropriation for adult mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
new text end

new text begin Problem Gambling. $225,000 in fiscal year
2016 and $225,000 in fiscal year 2017 are
appropriated 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, and training for individuals and
organizations providing effective treatment
services to problem gamblers and their
families, and research related to problem
gambling.
new text end

new text begin Assertive Community Treatment. Of the
general fund amount, $250,000 for fiscal
year 2016 and $500,000 for fiscal year 2017
are for the development of new assertive
community treatment services, including
a forensic assertive community treatment
team, and to enhance the quality of current
assertive community treatment services.
new text end

new text begin Housing with Supports. Of the general
fund amount, $825,000 in fiscal year 2016
and $1,723,000 in fiscal year 2017 are
for housing with supports for adults with
serious mental illness and increasing existing
amounts allocated to housing with supports
grant funds.
new text end

new text begin Housing with Supports. Of the health care
access fund appropriation, $675,000 in fiscal
year 2016 and $1,277,000 in fiscal year 2017
are for housing with supports for adults with
serious mental illness and increasing existing
amounts allocated to housing with supports
grant funds.
new text end

new text begin Mental Health Crisis Services. Of the health
care access fund appropriation, $1,035,000
in fiscal year 2016 and $1,040,000 in fiscal
year 2017 are for increasing existing amounts
allocated to adult mental health crisis grants.
new text end

new text begin Sustainability Grants. $2,125,000 in fiscal
year 2016 and $2,125,000 in fiscal year 2017
are for sustainability grants under Minnesota
Statutes, section 256B.0622, subdivision 11.
new text end

new text begin (m) Child Mental Health Grants
new text end
new text begin 21,921,000
new text end
new text begin 23,188,000
new text end

new text begin Early Childhood Mental Health Grants.
$922,000 in fiscal year 2017 is for increasing
existing amounts allocated to early childhood
intervention grant funding to provide mental
health consultation.
new text end

new text begin Mental Health Crisis Services. $1,035,000
in fiscal year 2016 and $1,040,000 in fiscal
year 2017 are for increasing existing amounts
allocated to children's mental health crisis
grants.
new text end

new text begin Respite Care. $250,000 in fiscal year 2016
and $500,000 in fiscal year 2017 are for
increasing existing amounts allocated to
children's mental health respite care grants.
new text end

new text begin Services and Supports for First Episode
Psychosis.
$90,000 for fiscal year 2017 is
for grants to mental health providers to pilot
evidence-based interventions for youth at risk
of developing or experiencing a first episode
of psychosis and for a public awareness
campaign on the signs and symptoms of
psychosis.
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $1,324,000 in fiscal year
2018 and is increased by $1,689,000 in fiscal
year 2019.
new text end

new text begin Funding Usage. Up to 75 percent of a fiscal
year's appropriation for child mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.
new text end

new text begin (n) Chemical Dependency Treatment Support
Grants
new text end
new text begin 1,161,000
new text end
new text begin 1,161,000
new text end

new text begin Subd. 7. new text end

new text begin DCT State-Operated Services
new text end

new text begin new text begin Transfer Authority for State-Operated
Services.
new text end
Money appropriated for
state-operated services may be transferred
between fiscal years of the biennium
with the approval of the commissioner of
management and budget.
new text end

new text begin The amounts that may be spent from the
appropriation for each purpose are as follows:
new text end

new text begin (a) DCT State-Operated Services Mental
Health
new text end
new text begin 126,244,000
new text end
new text begin 125,065,000
new text end

new text begin Base Level Adjustment. The general fund
base is increased by $5,351,000 in fiscal year
2018 and is increased by $10,701,000 in
fiscal year 2019.
new text end

new text begin Dedicated Receipts Available. Of the
revenue received under Minnesota Statutes,
section 246.18, subdivision 8, paragraph
(a), up to $1,000,000 each year is available
for the purposes of Minnesota Statutes,
section 246.18, subdivision 8, paragraph
(b), clause (1); up to $1,000,000 each year
is available to transfer to the adult mental
health grants budget activity for the purposes
of Minnesota Statutes, section 246.18,
subdivision 8, paragraph (b), clause (2); and
up to $2,713,000 each year is available for
the purposes of Minnesota Statutes, section
246.18, subdivision 8, paragraph (b), clause
(3).
new text end

new text begin Public Psychiatric Residency
Collaboration.
$118,000 in fiscal year
2016 and $236,000 in fiscal year 2017 are
for paying psychiatric resident stipends
for residents enrolled in the University of
Minnesota psychiatry residency program.
This appropriation is added to the base.
new text end

new text begin (b) DCT State-Operated Services Enterprise
Services
new text end
new text begin 6,031,000
new text end
new text begin 1,799,000
new text end

new text begin Base Level Adjustment. The general fund
base is decreased by $1,023,000 in fiscal
years 2018 and 2019.
new text end

new text begin Community Addiction Recovery
Enterprise (C.A.R.E.).
$6,031,000 in fiscal
year 2016 and $1,799,000 in fiscal year
2017 are for the Community Addiction
Recovery Enterprise (C.A.R.E.) program.
The commissioner must transfer $6,031,000
in fiscal year 2016 and $1,799,000 in fiscal
year 2017 to the enterprise fund for the
Community Addiction Recovery Enterprise.
new text end

new text begin (c) DCT State-Operated Services Minnesota
Security Hospital
new text end
new text begin 81,647,000
new text end
new text begin 82,862,000
new text end

new text begin Subd. 8. new text end

new text begin DCT Minnesota Sex Offender
Program
new text end

new text begin 86,473,000
new text end
new text begin 89,464,000
new text end

new text begin Individual Evaluations of MSOP Client.
$1,487,000 in fiscal year 2016 and $1,487,000
in fiscal year 2017 are to conduct biennial
individual evaluations of MSOP clients on
statutory criteria for reduction in custody.
This appropriation is added to the base.
new text end

new text begin Transfer Authority for Minnesota Sex
Offender Program.
Money appropriated
for the Minnesota sex offender program
may be transferred between fiscal years
of the biennium with the approval of the
commissioner of management and budget.
new text end

new text begin Limited Carryforward Allowed.
Notwithstanding any contrary provision
in this article, of this appropriation, up to
$875,000 in fiscal year 2016 and $2,625,000
in fiscal year 2017 are available until June
30, 2019.
new text end

new text begin Base Level Adjustment. The general fund
base is decreased by $2,625,000 in fiscal
years 2018 and 2019.
new text end

new text begin Subd. 9. new text end

new text begin Technical Activities
new text end

new text begin 81,471,000
new text end
new text begin 82,327,000
new text end

new text begin This appropriation is from the federal TANF
fund.
new text end

new text begin Base Level Adjustment. The federal TANF
fund base is increased by $204,000 in fiscal
year 2018 and is increased by $192,000 in
fiscal year 2019.
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 175,960,000
new text end
new text begin $
new text end
new text begin 177,528,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2016
new text end
new text begin 2017
new text end
new text begin General
new text end
new text begin 80,318,000
new text end
new text begin 81,921,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 55,092,000
new text end
new text begin 55,562,000
new text end
new text begin Health Care Access
new text end
new text begin 28,837,000
new text end
new text begin 28,332,000
new text end
new text begin Federal TANF
new text end
new text begin 11,713,000
new text end
new text begin 11,713,000
new text end

new text begin 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 Health Improvement
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 59,602,000
new text end
new text begin 61,062,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 6,261,000
new text end
new text begin 6,179,000
new text end
new text begin Health Care Access
new text end
new text begin 28,837,000
new text end
new text begin 28,332,000
new text end
new text begin Federal TANF
new text end
new text begin 11,713,000
new text end
new text begin 11,713,000
new text end

new text begin Local and Tribal Public Health Grants. (a)
$894,000 in fiscal year 2016 and $894,000 in
fiscal year 2017 are for an increase in local
public health grants for community health
boards under Minnesota Statutes, section
145A.131, subdivision 1, paragraph (e).
new text end

new text begin (b) $106,000 in fiscal year 2016 and $106,000
in fiscal year 2017 are for an increase in
special grants to tribal governments under
Minnesota Statutes, section 145A.14,
subdivision 2a.
new text end

new text begin Evidence-Based Home Visiting. $650,000
in fiscal year 2016 and $2,000,000 in fiscal
year 2017 from the general fund are for
competitive evidence-based home visiting
grants to community health boards and tribal
governments under Minnesota Statutes,
section 145A.17.
new text end

new text begin Family Planning Special Projects.
$1,000,000 in fiscal year 2016 and
$1,000,000 in fiscal year 2017 from the
general fund are for family planning special
project grants under Minnesota Statutes,
section 145.925.
new text end

new text begin TANF Appropriations. (a) $1,156,000 of
the TANF funds is appropriated each year of
the biennium to the commissioner for family
planning grants under Minnesota Statutes,
section 145.925.
new text end

new text begin (b) $3,579,000 of the TANF funds is
appropriated each year of the biennium to
the commissioner for home visiting and
nutritional services listed under Minnesota
Statutes, section 145.882, subdivision 7,
clauses (6) and (7). Funds must be distributed
to community health boards according to
Minnesota Statutes, section 145A.131,
subdivision 1, paragraph (a).
new text end

new text begin (c) $2,000,000 of the TANF funds is
appropriated each year of the biennium to
the commissioner for decreasing racial and
ethnic disparities in infant mortality rates
under Minnesota Statutes, section 145.928,
subdivision 7.
new text end

new text begin (d) $4,978,000 of the TANF funds is
appropriated each year of the biennium to the
commissioner for the family home visiting
grant program according to Minnesota
Statutes, section 145A.17. $4,000,000 of the
funding must be distributed to community
health boards according to Minnesota
Statutes, section 145A.131, subdivision 1,
paragraph (a). $978,000 of the funding must
be distributed to tribal governments based
on Minnesota Statutes, section 145A.14,
subdivision 2a.
new text end

new text begin (e) The commissioner may use up to 6.23
percent of the funds appropriated each fiscal
year to conduct the ongoing evaluations
required under Minnesota Statutes, section
145A.17, subdivision 7, and training and
technical assistance as required under
Minnesota Statutes, section 145A.17,
subdivisions 4 and 5.
new text end

new text begin TANF Carryforward. Any unexpended
balance of the TANF appropriation in the
first year of the biennium does not cancel but
is available for the second year.
new text end

new text begin Base Level Adjustments. The general fund
base is reduced by $50,000 in fiscal year
2018. The state government special revenue
fund base is increased by $33,000 in fiscal
year 2018. The health care access fund base
is increased by $600,000 in fiscal year 2018.
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 12,506,000
new text end
new text begin 12,635,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 48,831,000
new text end
new text begin 49,383,000
new text end

new text begin Base Level Adjustments. The state
government special revenue fund base is
increased by $70,000 in fiscal year 2018 and
is increased by $43,000 in fiscal year 2019.
new text end

new text begin Subd. 4. new text end

new text begin Administrative Support Services
new text end

new text begin 8,210,000
new text end
new text begin 8,224,000
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 19,707,000
new text end
new text begin $
new text end
new text begin 19,597,000
new text end

new text begin This appropriation is from the state
government special revenue fund. The
amounts that may be spent for each purpose
are specified in the following subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Board of Chiropractic Examiners
new text end

new text begin 507,000
new text end
new text begin 513,000
new text end

new text begin Subd. 3. new text end

new text begin Board of Dentistry
new text end

new text begin 2,192,000
new text end
new text begin 2,206,000
new text end

new text begin This appropriation includes $864,000 in fiscal
year 2016 and $878,000 in fiscal year 2017
for the health professional services program.
new text end

new text begin Subd. 4. new text end

new text begin Board of Dietetics and Nutrition
Practice
new text end

new text begin 113,000
new text end
new text begin 115,000
new text end

new text begin Subd. 5. new text end

new text begin Board of Marriage and Family
Therapy
new text end

new text begin 234,000
new text end
new text begin 237,000
new text end

new text begin Subd. 6. new text end

new text begin Board of Medical Practice
new text end

new text begin 3,933,000
new text end
new text begin 3,962,000
new text end

new text begin Subd. 7. new text end

new text begin Board of Nursing
new text end

new text begin 4,189,000
new text end
new text begin 4,243,000
new text end

new text begin Subd. 8. new text end

new text begin Board of Nursing Home
Administrators
new text end

new text begin 2,365,000
new text end
new text begin 2,062,000
new text end

new text begin Administrative Services Unit - Operating
Costs.
Of this appropriation, $1,482,000
in fiscal year 2016 and $1,497,000 in
fiscal year 2017 are for operating costs
of the administrative services unit. The
administrative services unit may receive
and expend reimbursements for services
performed by other agencies.
new text end

new text begin Administrative Services Unit - Volunteer
Health Care Provider Program.
Of this
appropriation, $150,000 in fiscal year 2016
and $150,000 in fiscal year 2017 are to pay
for medical professional liability coverage
required under Minnesota Statutes, section
214.40.
new text end

new text begin Administrative Services Unit - Retirement
Costs.
Of this appropriation, $320,000 in
fiscal year 2016 is a onetime appropriation
to the administrative services unit to pay for
the retirement costs of health-related board
employees. This funding may be transferred
to the health board incurring the retirement
costs. These funds are available either year
of the biennium.
new text end

new text begin Administrative Services Unit - Contested
Cases and Other Legal Proceedings.
Of
this appropriation, $200,000 in fiscal year
2016 and $200,000 in fiscal year 2017 are
for costs of contested case hearings and other
unanticipated costs of legal proceedings
involving health-related boards funded
under this section. Upon certification by a
health-related board to the administrative
services unit that the costs will be incurred
and that there is insufficient money available
to pay for the costs out of money currently
available to that board, the administrative
services unit is authorized to transfer money
from this appropriation to the board for
payment of those costs with the approval
of the commissioner of management and
budget.
new text end

new text begin Subd. 9. new text end

new text begin Board of Optometry
new text end

new text begin 138,000
new text end
new text begin 143,000
new text end

new text begin Subd. 10. new text end

new text begin Board of Pharmacy
new text end

new text begin 2,847,000
new text end
new text begin 2,888,000
new text end

new text begin Subd. 11. new text end

new text begin Board of Physical Therapy
new text end

new text begin 354,000
new text end
new text begin 359,000
new text end

new text begin Subd. 12. new text end

new text begin Board of Podiatry
new text end

new text begin 78,000
new text end
new text begin 79,000
new text end

new text begin Subd. 13. new text end

new text begin Board of Psychology
new text end

new text begin 874,000
new text end
new text begin 884,000
new text end

new text begin Subd. 14. new text end

new text begin Board of Social Work
new text end

new text begin 1,141,000
new text end
new text begin 1,155,000
new text end

new text begin Subd. 15. new text end

new text begin Board of Veterinary Medicine
new text end

new text begin 262,000
new text end
new text begin 265,000
new text end

new text begin Subd. 16. new text end

new text begin Board of Behavioral Health and
Therapy
new text end

new text begin 480,000
new text end
new text begin 486,000
new text end

Sec. 5. new text beginEMERGENCY MEDICAL SERVICES
REGULATORY BOARD
new text end

new text begin $
new text end
new text begin 2,872,000
new text end
new text begin $
new text end
new text begin 3,006,000
new text end

new text begin Regional Grants. $585,000 in fiscal year
2016 and $585,000 in fiscal year 2017 are
for regional emergency medical services
programs, to be distributed equally to the
eight emergency medical service regions.
new text end

new text begin Cooper/Sams Volunteer Ambulance
Program.
$700,000 in fiscal year 2016 and
$700,000 in fiscal year 2017 are for the
Cooper/Sams volunteer ambulance program
under Minnesota Statutes, section 144E.40.
new text end

new text begin (a) Of this amount, $611,000 in fiscal year
2016 and $611,000 in fiscal year 2017
are for the ambulance service personnel
longevity award and incentive program under
Minnesota Statutes, section 144E.40.
new text end

new text begin (b) Of this amount, $89,000 in fiscal year
2016 and $89,000 in fiscal year 2017 are
for the operations of the ambulance service
personnel longevity award and incentive
program under Minnesota Statutes, section
144E.40.
new text end

new text begin Ambulance Training Grant. $361,000 in
fiscal year 2016 and $361,000 in fiscal year
2017 are for training grants.
new text end

new text begin EMSRB Board Operations. $1,226,000 in
fiscal year 2016 and $1,360,000 in fiscal year
2017 are for board operations.
new text end

Sec. 6. new text beginCOUNCIL ON DISABILITY
new text end

new text begin $
new text end
new text begin 622,000
new text end
new text begin $
new text end
new text begin 629,000
new text end

Sec. 7. new text beginOMBUDSMAN FOR MENTAL
HEALTH AND DEVELOPMENTAL
DISABILITIES
new text end

new text begin $
new text end
new text begin 2,097,000
new text end
new text begin $
new text end
new text begin 2,217,000
new text end

Sec. 8. new text beginOMBUDSPERSONS FOR FAMILIES
new text end

new text begin $
new text end
new text begin 392,000
new text end
new text begin $
new text end
new text begin 453,000
new text end

Sec. 9.

Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 40. new text end

new text begin Nonfederal share transfers. new text end

new text begin The nonfederal share of activities for
which federal administrative reimbursement is appropriated to the commissioner may
be transferred to the special revenue fund.
new text end

Sec. 10. new text beginTRANSFERS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin The commissioner of human services, with the approval of
the commissioner of management and budget, may transfer unencumbered appropriation
balances for the biennium ending June 30, 2017, within fiscal years among the MFIP,
general assistance, general assistance medical care under Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 3, medical assistance, MinnesotaCare, MFIP
child care assistance under Minnesota Statutes, section 119B.05, Minnesota supplemental
aid, and group residential housing programs, the entitlement portion of Northstar Care
for Children under Minnesota Statutes, chapter 256N, and the entitlement portion of
the chemical dependency consolidated treatment fund, and between fiscal years of the
biennium. The commissioner shall inform the chairs and ranking minority members of
the senate Health and Human Services Finance Division and the house of representatives
Health and Human Services Finance Committee quarterly about transfers made under
this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin Positions, salary money, and nonsalary administrative
money may be transferred within the Departments of Health and Human Services as the
commissioners consider necessary, with the advance approval of the commissioner of
management and budget. The commissioner shall inform the chairs and ranking minority
members of the senate Health and Human Services Finance Division and the house of
representatives Health and Human Services Finance Committee quarterly about transfers
made under this subdivision.
new text end

Sec. 11. new text beginINDIRECT COSTS NOT TO FUND PROGRAMS.
new text end

new text begin The commissioners of health and human services shall not use indirect cost
allocations to pay for the operational costs of any program for which they are responsible.
new text end

Sec. 12. new text beginEXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2017, unless a
different expiration date is explicit.
new text end

Sec. 13. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2015, unless a different effective date is specified.
new text end