SF 1015

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to children's environmental health; modifying the lead abatement
program; requiring medical assistance coverage to cover environmental
investigations for children with elevated blood lead levels; amending Minnesota
Statutes 2006, sections 144.9507, by adding a subdivision; 144.9512,
subdivisions 1, 2, 3, 10; 256B.0625, by adding a subdivision; repealing
Minnesota Statutes 2006, section 144.9512, subdivisions 4, 6, 7, 8.

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

Section 1.

Minnesota Statutes 2006, section 144.9507, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Medical assistance. new text end

new text begin Medical assistance reimbursement for lead risk
assessment services under section 256B.0625, subdivision 49, shall not be used to replace
or decrease existing state or local funding for lead services and lead-related activities.
new text end

Sec. 2.

Minnesota Statutes 2006, section 144.9512, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in section 144.9501 and in this
subdivision apply to this section.

(b) "Eligible organization" means a deleted text begin lead contractor, deleted text end city, board of health, community
health department, community action agency as defined in section 256E.30, deleted text begin or deleted text end community
development corporation new text begin , or nonprofit organization new text end .

(c) "Commissioner" means the commissioner of health deleted text begin , or the commissioner of the
Minnesota Housing Finance Agency as authorized by section 462A.05, subdivision 15c deleted text end .

Sec. 3.

Minnesota Statutes 2006, section 144.9512, subdivision 2, is amended to read:

Subd. 2.

Grants; administration.

Within the limits of the available appropriation,
the commissioner deleted text begin must develop a swab team services program which deleted text end may make
deleted text begin demonstration and training deleted text end grants to eligible organizations to train workers to provide
swab team services deleted text begin and swab team services deleted text end for residential property. Grants may be
awarded to nonprofit organizations to provide technical assistance and training to ensure
quality and consistency within the statewide program. deleted text begin Grants must be awarded to help
ensure full-time employment to workers providing swab team services and must be
awarded for a two-year period.
deleted text end

deleted text begin Grants awarded under this section must be made in consultation with the
commissioner of the Housing Finance Agency and representatives of neighborhood
groups from areas at high risk for toxic lead exposure, a labor organization, the lead
coalition, community action agencies, and the legal aid society. The consulting team must
review grant applications and recommend awards to eligible organizations that meet
requirements for receiving a grant under this section.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 144.9512, subdivision 3, is amended to read:

Subd. 3.

Applicants.

(a) Interested eligible organizations may apply to the
commissioner for grants under this section. Two or more eligible organizations may
jointly apply for a grant. Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood based nonprofit
organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
be used for administrative purposes. The commissioner may deviate from this percentage
if a grantee can justify the need for a larger administrative allowance. Of this amount,
up to five percent may be used by the commissioner for state administrative purposes.
Applications must provide information requested by the commissioner, including at least
the information required to assess the factors listed in paragraph (d).

(b) The commissioner must consult with boards of health to provide swab team
services for purposes of secondary prevention. The priority for swab teams created
by grants to eligible organizations under this section must be work assigned by the
commissioner of health, or by a board of health if so designated by the commissioner of
health, to provide secondary prevention swab team services to fulfill the requirements
of section 144.9504, subdivision 6, in response to a lead order. Swab teams assigned
work under this section by the commissioner, that are not engaged daily in fulfilling the
requirements of section 144.9504, subdivision 6, must deliver swab team services in
response to elevated blood lead levels as defined in section 144.9501, subdivision 9,
where lead orders were not issued, and for purposes of primary prevention in census
tracts known to be in areas at high risk for toxic lead exposure as described in section
144.9503, subdivision 2.

(c) Any additional money must be used for grants to establish swab teams for
primary prevention under section 144.9503, in census tracts in areas at high risk for toxic
lead exposure as determined under section 144.9503, subdivision 2.

(d) In evaluating grant applications, the commissioner must consider the following
criteria:

(1) the use of lead contractors and lead workers for residential swab team services;

(2) the participation of neighborhood groups and individuals, as swab team workers,
in areas at high risk for toxic lead exposure;

(3) plans for the provision of swab team services for primary and secondary
prevention as required under subdivision 4;

(4) plans for supervision, training, career development, and postprogram placement
of swab team members; new text begin and
new text end

(5) deleted text begin plans for resident and property owner education on lead safety;
deleted text end

deleted text begin (6) plans for distributing cleaning supplies to area residents and educating residents
and property owners on cleaning techniques;
deleted text end

deleted text begin (7) sources of other funding and cost estimates for training, lead inspections, swab
team services, equipment, monitoring, testing, and administration;
deleted text end

deleted text begin (8) measures of program effectiveness;
deleted text end

deleted text begin (9) coordination of program activities with other federal, state, and local public
health, job training, apprenticeship, and housing renovation programs including programs
under sections to ; and
deleted text end

deleted text begin (10) deleted text end prior experience in providing swab team services.

Sec. 5.

Minnesota Statutes 2006, section 144.9512, subdivision 10, is amended to read:

Subd. 10.

Requirements of organizations receiving grants.

An eligible
organization that is awarded a deleted text begin training and demonstration deleted text end grant under this section must
prepare and submit a quarterly progress report to the commissioner beginning three
months after receipt of the grant.

Sec. 6.

Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:

new text begin Subd. 49. new text end

new text begin Lead risk assessments. new text end

new text begin (a) Effective October 1, 2007, or six months after
federal approval, whichever is later, medical assistance covers lead risk assessments
provided by a lead risk assessor who is licensed by the commissioner of health under
section 144.9505 and employed by an assessing agency as defined in section 144.9501.
Medical assistance covers a onetime on-site investigation of a recipient's home or primary
residence to determine the existence of lead so long as the recipient is under the age
of 21 and has a venous blood lead level specified in section 144.9504, subdivision 2,
paragraph (a).
new text end

new text begin (b) Medical assistance reimbursement covers the lead risk assessor's time to
complete the following activities:
new text end

new text begin (1) gathering samples;
new text end

new text begin (2) interviewing family members;
new text end

new text begin (3) gathering data, including meter readings; and
new text end

new text begin (4) providing a report with the results of the investigation and options for reducing
lead-based paint hazards.
new text end

new text begin Medical assistance coverage of lead risk assessment does not include testing of
environmental substances such as water, paint, or soil or any other laboratory services.
Medical assistance coverage of lead risk assessments is not included in the capitated
services for children enrolled in health plans through the prepaid medical assistance
program and the MinnesotaCare program.
new text end

new text begin (c) Payment for lead risk assessment must be cost-based and must meet the
criteria for federal financial participation under the Medicaid program. The rate must
be based on allowable expenditures from cost information gathered. Under section
144.9507, subdivision 5, federal medical assistance funds may not replace existing
funding for lead-related activities. The nonfederal share of costs for services provided
under this subdivision must be from state or local funds and is the responsibility of the
agency providing the risk assessment. When the risk assessment is conducted by the
commissioner of health, the state share must be from appropriations to the commissioner
of health for lead programs under sections 144.9502 and 144.9508. Eligible expenditures
for the nonfederal share of costs may not be made from federal funds or funds used to
match other federal funds. Any federal disallowances are the responsibility of the agency
providing risk assessment services.
new text end

Sec. 7. new text begin STUDY OF BLOOD LEAD TESTING METHODS.
new text end

new text begin (a) The commissioner of health, in consultation with the commissioner of human
services, cities of the first class, health care providers, and other interested parties, shall
conduct a study to evaluate blood lead testing methods used to confirm elevated blood
lead status. The study shall examine:
new text end

new text begin (1) the false positive rate of capillary tests for children who are younger than 72
months old;
new text end

new text begin (2) current protocols for conducting capillary testing, including filter paper
methodology; and
new text end

new text begin (3) existing guidelines and regulations from other states and federal agencies
regarding lead testing.
new text end

new text begin (b) The commissioner shall make recommendations on:
new text end

new text begin (1) the use of capillary tests to initiate environmental investigations and case
management, including number and timing of tests and fiscal implications for state and
local lead programs; and
new text end

new text begin (2) reducing the state mandatory intervention to ten micrograms of lead per deciliter
of whole blood.
new text end

new text begin (c) The commissioner shall submit the results of the study and recommendations,
including any necessary legislative changes, to the legislature by January 15, 2008.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 144.9512, subdivisions 4, 6, 7, and 8, new text end new text begin are repealed.
new text end