1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; making technical changes; 1.3 requiring a report on long-term care; amending 1.4 Minnesota Statutes 2002, sections 245A.035, 1.5 subdivision 3; 245A.04, subdivisions 3b, 3d; 256B.056, 1.6 subdivision 6; 256B.057, subdivision 10; 256B.064, 1.7 subdivision 2; 256B.437, subdivision 2; 256B.76; 1.8 256B.761; 256D.03, subdivision 3a; 256L.12, 1.9 subdivision 6; 260C.141, subdivision 2; proposing 1.10 coding for new law in Minnesota Statutes, chapter 1.11 144A; repealing Minnesota Statutes 2002, sections 1.12 62J.66; 62J.68; 144A.071, subdivision 5; 144A.35; Laws 1.13 1998, chapter 407, article 4, section 63; Minnesota 1.14 Rules, parts 9505.3045; 9505.3050; 9505.3055; 1.15 9505.3060; 9505.3068; 9505.3070; 9505.3075; 9505.3080; 1.16 9505.3090; 9505.3095; 9505.3100; 9505.3105; 9505.3107; 1.17 9505.3110; 9505.3115; 9505.3120; 9505.3125; 9505.3130; 1.18 9505.3138; 9505.3139; 9505.3140; 9505.3680; 9505.3690; 1.19 9505.3700. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. [144A.351] [BALANCING LONG-TERM CARE: REPORT 1.22 REQUIRED.] 1.23 The commissioners of health and human services, with the 1.24 cooperation of counties and regional entities, shall prepare a 1.25 report to the legislature by January 15, 2004, and biennially 1.26 thereafter, regarding the status of the full range of long-term 1.27 care services for the elderly in Minnesota. The report shall 1.28 address: 1.29 (1) demographics and need for long-term care in Minnesota; 1.30 (2) summary of county and regional reports on long-term 1.31 care gaps, surpluses, imbalances, and corrective action plans; 1.32 (3) status of long-term care services by county and region 2.1 including: 2.2 (i) changes in availability of the range of long-term care 2.3 services and housing options; 2.4 (ii) access problems regarding long-term care; and 2.5 (iii) comparative measures of long-term care availability 2.6 and progress over time; and 2.7 (4) recommendations regarding goals for the future of 2.8 long-term care services, policy changes, and resource needs. 2.9 Sec. 2. Minnesota Statutes 2002, section 245A.035, 2.10 subdivision 3, is amended to read: 2.11 Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an 2.12 emergency license may be issued, the following requirements must 2.13 be met: 2.14 (1) the county agency must conduct an initial inspection of 2.15 the premises where the foster care is to be provided to ensure 2.16 the health and safety of any child placed in the home. The 2.17 county agency shall conduct the inspection using a form 2.18 developed by the commissioner; 2.19 (2) at the time of the inspection or placement, whichever 2.20 is earlier, the relative being considered for an emergency 2.21 license shall receive an application form for a child foster 2.22 care license; 2.23 (3) whenever possible, prior to placing the child in the 2.24 relative's home, the relative being considered for an emergency 2.25 license shall provide the information required by section 2.26 245A.04, subdivision 3, paragraph
(b)(k); and 2.27 (4) if the county determines, prior to the issuance of an 2.28 emergency license, that anyone requiring a background study may 2.29 be disqualified under section 245A.04, and the disqualification 2.30 is one which the commissioner cannot set aside, an emergency 2.31 license shall not be issued. 2.32 Sec. 3. Minnesota Statutes 2002, section 245A.04, 2.33 subdivision 3b, is amended to read: 2.34 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The 2.35 individual who is the subject of the disqualification may 2.36 request a reconsideration of the disqualification. 3.1 The individual must submit the request for reconsideration 3.2 to the commissioner in writing. A request for reconsideration 3.3 for an individual who has been sent a notice of disqualification 3.4 under subdivision 3a, paragraph (b), clause (1) or (2), must be 3.5 submitted within 30 calendar days of the disqualified 3.6 individual's receipt of the notice of disqualification. Upon 3.7 showing that the information in clause (1) or (2) cannot be 3.8 obtained within 30 days, the disqualified individual may request 3.9 additional time, not to exceed 30 days, to obtain that 3.10 information. A request for reconsideration for an individual 3.11 who has been sent a notice of disqualification under subdivision 3.12 3a, paragraph (b), clause (3), must be submitted within 15 3.13 calendar days of the disqualified individual's receipt of the 3.14 notice of disqualification. An individual who was determined to 3.15 have maltreated a child under section 626.556 or a vulnerable 3.16 adult under section 626.557, and who was disqualified under this 3.17 section on the basis of serious or recurring maltreatment, may 3.18 request reconsideration of both the maltreatment and the 3.19 disqualification determinations. The request for 3.20 reconsideration of the maltreatment determination and the 3.21 disqualification must be submitted within 30 calendar days of 3.22 the individual's receipt of the notice of disqualification. 3.23 Removal of a disqualified individual from direct contact shall 3.24 be ordered if the individual does not request reconsideration 3.25 within the prescribed time, and for an individual who submits a 3.26 timely request for reconsideration, if the disqualification is 3.27 not set aside. The individual must present information showing 3.28 that: 3.29 (1) the information the commissioner relied upon in 3.30 determining that the underlying conduct giving rise to the 3.31 disqualification occurred, and for maltreatment, that the 3.32 maltreatment was serious or recurring, is incorrect; or 3.33 (2) the subject of the study does not pose a risk of harm 3.34 to any person served by the applicant, license holder, or 3.35 registrant under section 144A.71, subdivision 1. 3.36 (b) The commissioner shall rescind the disqualification if 4.1 the commissioner finds that the information relied on to 4.2 disqualify the subject is incorrect. The commissioner may set 4.3 aside the disqualification under this section if the 4.4 commissioner finds that the individual does not pose a risk of 4.5 harm to any person served by the applicant, license holder, or 4.6 registrant under section 144A.71, subdivision 1. In determining 4.7 that an individual does not pose a risk of harm, the 4.8 commissioner shall consider the nature, severity, and 4.9 consequences of the event or events that lead to 4.10 disqualification, whether there is more than one disqualifying 4.11 event, the age and vulnerability of the victim at the time of 4.12 the event, the harm suffered by the victim, the similarity 4.13 between the victim and persons served by the program, the time 4.14 elapsed without a repeat of the same or similar event, 4.15 documentation of successful completion by the individual studied 4.16 of training or rehabilitation pertinent to the event, and any 4.17 other information relevant to reconsideration. In reviewing a 4.18 disqualification under this section, the commissioner shall give 4.19 preeminent weight to the safety of each person to be served by 4.20 the license holder, applicant, or registrant under section 4.21 144A.71, subdivision 1, over the interests of the license 4.22 holder, applicant, or registrant under section 144A.71, 4.23 subdivision 1. 4.24 (c) Unless the information the commissioner relied on in 4.25 disqualifying an individual is incorrect, the commissioner may 4.26 not set aside the disqualification of an individual in 4.27 connection with a license to provide family day care for 4.28 children, foster care for children in the provider's own home, 4.29 or foster care or day care services for adults in the provider's 4.30 own home if: 4.31 (1) less than ten years have passed since the discharge of 4.32 the sentence imposed for the offense; and the individual has 4.33 been convicted of a violation of any offense listed in sections 4.34 609.165 (felon ineligible to possess firearm), criminal 4.35 vehicular homicide under 609.21 (criminal vehicular homicide and 4.36 injury), 609.215 (aiding suicide or aiding attempted suicide), 5.1 felony violations under 609.223 or 609.2231 (assault in the 5.2 third or fourth degree), 609.713 (terroristic threats), 609.235 5.3 (use of drugs to injure or to facilitate crime), 609.24 (simple 5.4 robbery), 609.255 (false imprisonment), 609.562 (arson in the 5.5 second degree), 609.71 (riot), 609.498, subdivision 1 or 1a5.6 1b (aggravated first degree or first degree tampering with a 5.7 witness), burglary in the first or second degree under 609.582 5.8 (burglary), 609.66 (dangerous weapon), 609.665 (spring guns), 5.9 609.67 (machine guns and short-barreled shotguns), 609.749, 5.10 subdivision 2 (gross misdemeanor harassment; stalking), 152.021 5.11 or 152.022 (controlled substance crime in the first or second 5.12 degree), 152.023, subdivision 1, clause (3) or (4), or 5.13 subdivision 2, clause (4) (controlled substance crime in the 5.14 third degree), 152.024, subdivision 1, clause (2), (3), or (4) 5.15 (controlled substance crime in the fourth degree), 609.224, 5.16 subdivision 2, paragraph (c) (fifth-degree assault by a 5.17 caregiver against a vulnerable adult), 609.23 (mistreatment of 5.18 persons confined), 609.231 (mistreatment of residents or 5.19 patients), 609.2325 (criminal abuse of a vulnerable adult), 5.20 609.233 (criminal neglect of a vulnerable adult), 609.2335 5.21 (financial exploitation of a vulnerable adult), 609.234 (failure 5.22 to report), 609.265 (abduction), 609.2664 to 609.2665 5.23 (manslaughter of an unborn child in the first or second degree), 5.24 609.267 to 609.2672 (assault of an unborn child in the first, 5.25 second, or third degree), 609.268 (injury or death of an unborn 5.26 child in the commission of a crime), 617.293 (disseminating or 5.27 displaying harmful material to minors), a felony level 5.28 conviction involving alcohol or drug use, a gross misdemeanor 5.29 offense under 609.324, subdivision 1 (other prohibited acts), a 5.30 gross misdemeanor offense under 609.378 (neglect or endangerment 5.31 of a child), a gross misdemeanor offense under 609.377 5.32 (malicious punishment of a child), 609.72, subdivision 3 5.33 (disorderly conduct against a vulnerable adult); or an attempt 5.34 or conspiracy to commit any of these offenses, as each of these 5.35 offenses is defined in Minnesota Statutes; or an offense in any 5.36 other state, the elements of which are substantially similar to 6.1 the elements of any of the foregoing offenses; 6.2 (2) regardless of how much time has passed since the 6.3 involuntary termination of parental rights under section 6.4 260C.301 or the discharge of the sentence imposed for the 6.5 offense, the individual was convicted of a violation of any 6.6 offense listed in sections 609.185 to 609.195 (murder in the 6.7 first, second, or third degree), 609.20 (manslaughter in the 6.8 first degree), 609.205 (manslaughter in the second degree), 6.9 609.245 (aggravated robbery), 609.25 (kidnapping), 609.561 6.10 (arson in the first degree), 609.749, subdivision 3, 4, or 5 6.11 (felony-level harassment; stalking), 609.228 (great bodily harm 6.12 caused by distribution of drugs), 609.221 or 609.222 (assault in 6.13 the first or second degree), 609.66, subdivision 1e (drive-by 6.14 shooting), 609.855, subdivision 5 (shooting in or at a public 6.15 transit vehicle or facility), 609.2661 to 609.2663 (murder of an 6.16 unborn child in the first, second, or third degree), a felony 6.17 offense under 609.377 (malicious punishment of a child), a 6.18 felony offense under 609.324, subdivision 1 (other prohibited 6.19 acts), a felony offense under 609.378 (neglect or endangerment 6.20 of a child), 609.322 (solicitation, inducement, and promotion of 6.21 prostitution), 609.342 to 609.345 (criminal sexual conduct in 6.22 the first, second, third, or fourth degree), 609.352 6.23 (solicitation of children to engage in sexual conduct), 617.246 6.24 (use of minors in a sexual performance), 617.247 (possession of 6.25 pictorial representations of a minor), 609.365 (incest), a 6.26 felony offense under sections 609.2242 and 609.2243 (domestic 6.27 assault), a felony offense of spousal abuse, a felony offense of 6.28 child abuse or neglect, a felony offense of a crime against 6.29 children, or an attempt or conspiracy to commit any of these 6.30 offenses as defined in Minnesota Statutes, or an offense in any 6.31 other state, the elements of which are substantially similar to 6.32 any of the foregoing offenses; 6.33 (3) within the seven years preceding the study, the 6.34 individual committed an act that constitutes maltreatment of a 6.35 child under section 626.556, subdivision 10e, and that resulted 6.36 in substantial bodily harm as defined in section 609.02, 7.1 subdivision 7a, or substantial mental or emotional harm as 7.2 supported by competent psychological or psychiatric evidence; or 7.3 (4) within the seven years preceding the study, the 7.4 individual was determined under section 626.557 to be the 7.5 perpetrator of a substantiated incident of maltreatment of a 7.6 vulnerable adult that resulted in substantial bodily harm as 7.7 defined in section 609.02, subdivision 7a, or substantial mental 7.8 or emotional harm as supported by competent psychological or 7.9 psychiatric evidence. 7.10 In the case of any ground for disqualification under 7.11 clauses (1) to (4), if the act was committed by an individual 7.12 other than the applicant, license holder, or registrant under 7.13 section 144A.71, subdivision 1, residing in the applicant's or 7.14 license holder's home, or the home of a registrant under section 7.15 144A.71, subdivision 1, the applicant, license holder, or 7.16 registrant under section 144A.71, subdivision 1, may seek 7.17 reconsideration when the individual who committed the act no 7.18 longer resides in the home. 7.19 The disqualification periods provided under clauses (1), 7.20 (3), and (4) are the minimum applicable disqualification 7.21 periods. The commissioner may determine that an individual 7.22 should continue to be disqualified from licensure or 7.23 registration under section 144A.71, subdivision 1, because the 7.24 license holder, applicant, or registrant under section 144A.71, 7.25 subdivision 1, poses a risk of harm to a person served by that 7.26 individual after the minimum disqualification period has passed. 7.27 (d) The commissioner shall respond in writing or by 7.28 electronic transmission to all reconsideration requests for 7.29 which the basis for the request is that the information relied 7.30 upon by the commissioner to disqualify is incorrect or 7.31 inaccurate within 30 working days of receipt of a request and 7.32 all relevant information. If the basis for the request is that 7.33 the individual does not pose a risk of harm, the commissioner 7.34 shall respond to the request within 15 working days after 7.35 receiving the request for reconsideration and all relevant 7.36 information. If the request is based on both the correctness or 8.1 accuracy of the information relied on to disqualify the 8.2 individual and the risk of harm, the commissioner shall respond 8.3 to the request within 45 working days after receiving the 8.4 request for reconsideration and all relevant information. If 8.5 the disqualification is set aside, the commissioner shall notify 8.6 the applicant or license holder in writing or by electronic 8.7 transmission of the decision. 8.8 (e) Except as provided in subdivision 3c, if a 8.9 disqualification for which reconsideration was requested is not 8.10 set aside or is not rescinded, an individual who was 8.11 disqualified on the basis of a preponderance of evidence that 8.12 the individual committed an act or acts that meet the definition 8.13 of any of the crimes listed in subdivision 3d, paragraph (a), 8.14 clauses (1) to (4); or for failure to make required reports 8.15 under section 626.556, subdivision 3, or 626.557, subdivision 3, 8.16 pursuant to subdivision 3d, paragraph (a), clause (4), may 8.17 request a fair hearing under section 256.045. Except as 8.18 provided under subdivision 3c, the fair hearing is the only 8.19 administrative appeal of the final agency determination, 8.20 specifically, including a challenge to the accuracy and 8.21 completeness of data under section 13.04. 8.22 (f) Except as provided under subdivision 3c, if an 8.23 individual was disqualified on the basis of a determination of 8.24 maltreatment under section 626.556 or 626.557, which was serious 8.25 or recurring, and the individual has requested reconsideration 8.26 of the maltreatment determination under section 626.556, 8.27 subdivision 10i, or 626.557, subdivision 9d, and also requested 8.28 reconsideration of the disqualification under this subdivision, 8.29 reconsideration of the maltreatment determination and 8.30 reconsideration of the disqualification shall be consolidated 8.31 into a single reconsideration. For maltreatment and 8.32 disqualification determinations made by county agencies, the 8.33 consolidated reconsideration shall be conducted by the county 8.34 agency. If the county agency has disqualified an individual on 8.35 multiple bases, one of which is a county maltreatment 8.36 determination for which the individual has a right to request 9.1 reconsideration, the county shall conduct the reconsideration of 9.2 all disqualifications. Except as provided under subdivision 3c, 9.3 if an individual who was disqualified on the basis of serious or 9.4 recurring maltreatment requests a fair hearing on the 9.5 maltreatment determination under section 626.556, subdivision 9.6 10i, or 626.557, subdivision 9d, and requests a fair hearing on 9.7 the disqualification, which has not been set aside or rescinded 9.8 under this subdivision, the scope of the fair hearing under 9.9 section 256.045 shall include the maltreatment determination and 9.10 the disqualification. Except as provided under subdivision 3c, 9.11 a fair hearing is the only administrative appeal of the final 9.12 agency determination, specifically, including a challenge to the 9.13 accuracy and completeness of data under section 13.04. 9.14 (g) In the notice from the commissioner that a 9.15 disqualification has been set aside, the license holder must be 9.16 informed that information about the nature of the 9.17 disqualification and which factors under paragraph (b) were the 9.18 bases of the decision to set aside the disqualification is 9.19 available to the license holder upon request without consent of 9.20 the background study subject. With the written consent of a 9.21 background study subject, the commissioner may release to the 9.22 license holder copies of all information related to the 9.23 background study subject's disqualification and the 9.24 commissioner's decision to set aside the disqualification as 9.25 specified in the written consent. 9.26 Sec. 4. Minnesota Statutes 2002, section 245A.04, 9.27 subdivision 3d, is amended to read: 9.28 Subd. 3d. [DISQUALIFICATION.] (a) Upon receipt of 9.29 information showing, or when a background study completed under 9.30 subdivision 3 shows any of the following: a conviction of one 9.31 or more crimes listed in clauses (1) to (4); the individual has 9.32 admitted to or a preponderance of the evidence indicates the 9.33 individual has committed an act or acts that meet the definition 9.34 of any of the crimes listed in clauses (1) to (4); or an 9.35 investigation results in an administrative determination listed 9.36 under clause (4), the individual shall be disqualified from any 10.1 position allowing direct contact with persons receiving services 10.2 from the license holder, entity identified in subdivision 3, 10.3 paragraph (a), or registrant under section 144A.71, subdivision 10.4 1, and for individuals studied under section 245A.04, 10.5 subdivision 3, paragraph (c), clauses (2), (6), and (7), the 10.6 individual shall also be disqualified from access to a person 10.7 receiving services from the license holder: 10.8 (1) regardless of how much time has passed since the 10.9 involuntary termination of parental rights under section 10.10 260C.301 or the discharge of the sentence imposed for the 10.11 offense, and unless otherwise specified, regardless of the level 10.12 of the conviction, the individual was convicted of any of the 10.13 following offenses: sections 609.185 (murder in the first 10.14 degree); 609.19 (murder in the second degree); 609.195 (murder 10.15 in the third degree); 609.2661 (murder of an unborn child in the 10.16 first degree); 609.2662 (murder of an unborn child in the second 10.17 degree); 609.2663 (murder of an unborn child in the third 10.18 degree); 609.20 (manslaughter in the first degree); 609.205 10.19 (manslaughter in the second degree); 609.221 or 609.222 (assault 10.20 in the first or second degree); 609.228 (great bodily harm 10.21 caused by distribution of drugs); 609.245 (aggravated robbery); 10.22 609.25 (kidnapping); 609.561 (arson in the first degree); 10.23 609.749, subdivision 3, 4, or 5 (felony-level harassment; 10.24 stalking); 609.66, subdivision 1e (drive-by shooting); 609.855, 10.25 subdivision 5 (shooting at or in a public transit vehicle or 10.26 facility); 609.322 (solicitation, inducement, and promotion of 10.27 prostitution); 609.342 (criminal sexual conduct in the first 10.28 degree); 609.343 (criminal sexual conduct in the second degree); 10.29 609.344 (criminal sexual conduct in the third degree); 609.345 10.30 (criminal sexual conduct in the fourth degree); 609.352 10.31 (solicitation of children to engage in sexual conduct); 609.365 10.32 (incest); felony offense under 609.377 (malicious punishment of 10.33 a child); a felony offense under 609.378 (neglect or 10.34 endangerment of a child); a felony offense under 609.324, 10.35 subdivision 1 (other prohibited acts); 617.246 (use of minors in 10.36 sexual performance prohibited); 617.247 (possession of pictorial 11.1 representations of minors); a felony offense under sections 11.2 609.2242 and 609.2243 (domestic assault), a felony offense of 11.3 spousal abuse, a felony offense of child abuse or neglect, a 11.4 felony offense of a crime against children; or attempt or 11.5 conspiracy to commit any of these offenses as defined in 11.6 Minnesota Statutes, or an offense in any other state or country, 11.7 where the elements are substantially similar to any of the 11.8 offenses listed in this clause; 11.9 (2) if less than 15 years have passed since the discharge 11.10 of the sentence imposed for the offense; and the individual has 11.11 received a felony conviction for a violation of any of these 11.12 offenses: sections 609.21 (criminal vehicular homicide and 11.13 injury); 609.165 (felon ineligible to possess firearm); 609.215 11.14 (suicide); 609.223 or 609.2231 (assault in the third or fourth 11.15 degree); repeat offenses under 609.224 (assault in the fifth 11.16 degree); repeat offenses under 609.3451 (criminal sexual conduct 11.17 in the fifth degree); 609.498, subdivision 1 or 1a11.18 1b (aggravated first degree or first degree tampering with a 11.19 witness); 609.713 (terroristic threats); 609.235 (use of drugs 11.20 to injure or facilitate crime); 609.24 (simple robbery); 609.255 11.21 (false imprisonment); 609.562 (arson in the second degree); 11.22 609.563 (arson in the third degree); repeat offenses under 11.23 617.23 (indecent exposure; penalties); repeat offenses under 11.24 617.241 (obscene materials and performances; distribution and 11.25 exhibition prohibited; penalty); 609.71 (riot); 609.66 11.26 (dangerous weapons); 609.67 (machine guns and short-barreled 11.27 shotguns); 609.2325 (criminal abuse of a vulnerable adult); 11.28 609.2664 (manslaughter of an unborn child in the first degree); 11.29 609.2665 (manslaughter of an unborn child in the second degree); 11.30 609.267 (assault of an unborn child in the first degree); 11.31 609.2671 (assault of an unborn child in the second degree); 11.32 609.268 (injury or death of an unborn child in the commission of 11.33 a crime); 609.52 (theft); 609.2335 (financial exploitation of a 11.34 vulnerable adult); 609.521 (possession of shoplifting gear); 11.35 609.582 (burglary); 609.625 (aggravated forgery); 609.63 11.36 (forgery); 609.631 (check forgery; offering a forged check); 12.1 609.635 (obtaining signature by false pretense); 609.27 12.2 (coercion); 609.275 (attempt to coerce); 609.687 (adulteration); 12.3 260C.301 (grounds for termination of parental rights); chapter 12.4 152 (drugs; controlled substance); and a felony level conviction 12.5 involving alcohol or drug use. An attempt or conspiracy to 12.6 commit any of these offenses, as each of these offenses is 12.7 defined in Minnesota Statutes; or an offense in any other state 12.8 or country, the elements of which are substantially similar to 12.9 the elements of the offenses in this clause. If the individual 12.10 studied is convicted of one of the felonies listed in this 12.11 clause, but the sentence is a gross misdemeanor or misdemeanor 12.12 disposition, the lookback period for the conviction is the 12.13 period applicable to the disposition, that is the period for 12.14 gross misdemeanors or misdemeanors; 12.15 (3) if less than ten years have passed since the discharge 12.16 of the sentence imposed for the offense; and the individual has 12.17 received a gross misdemeanor conviction for a violation of any 12.18 of the following offenses: sections 609.224 (assault in the 12.19 fifth degree); 609.2242 and 609.2243 (domestic assault); 12.20 violation of an order for protection under 518B.01, subdivision 12.21 14; 609.3451 (criminal sexual conduct in the fifth degree); 12.22 repeat offenses under 609.746 (interference with privacy); 12.23 repeat offenses under 617.23 (indecent exposure); 617.241 12.24 (obscene materials and performances); 617.243 (indecent 12.25 literature, distribution); 617.293 (harmful materials; 12.26 dissemination and display to minors prohibited); 609.71 (riot); 12.27 609.66 (dangerous weapons); 609.749, subdivision 2 (harassment; 12.28 stalking); 609.224, subdivision 2, paragraph (c) (assault in the 12.29 fifth degree by a caregiver against a vulnerable adult); 609.23 12.30 (mistreatment of persons confined); 609.231 (mistreatment of 12.31 residents or patients); 609.2325 (criminal abuse of a vulnerable 12.32 adult); 609.233 (criminal neglect of a vulnerable adult); 12.33 609.2335 (financial exploitation of a vulnerable adult); 609.234 12.34 (failure to report maltreatment of a vulnerable adult); 609.72, 12.35 subdivision 3 (disorderly conduct against a vulnerable adult); 12.36 609.265 (abduction); 609.378 (neglect or endangerment of a 13.1 child); 609.377 (malicious punishment of a child); 609.324, 13.2 subdivision 1a (other prohibited acts; minor engaged in 13.3 prostitution); 609.33 (disorderly house); 609.52 (theft); 13.4 609.582 (burglary); 609.631 (check forgery; offering a forged 13.5 check); 609.275 (attempt to coerce); or an attempt or conspiracy 13.6 to commit any of these offenses, as each of these offenses is 13.7 defined in Minnesota Statutes; or an offense in any other state 13.8 or country, the elements of which are substantially similar to 13.9 the elements of any of the offenses listed in this clause. If 13.10 the defendant is convicted of one of the gross misdemeanors 13.11 listed in this clause, but the sentence is a misdemeanor 13.12 disposition, the lookback period for the conviction is the 13.13 period applicable to misdemeanors; or 13.14 (4) if less than seven years have passed since the 13.15 discharge of the sentence imposed for the offense; and the 13.16 individual has received a misdemeanor conviction for a violation 13.17 of any of the following offenses: sections 609.224 (assault in 13.18 the fifth degree); 609.2242 (domestic assault); violation of an 13.19 order for protection under 518B.01 (Domestic Abuse Act); 13.20 violation of an order for protection under 609.3232 (protective 13.21 order authorized; procedures; penalties); 609.746 (interference 13.22 with privacy); 609.79 (obscene or harassing phone calls); 13.23 609.795 (letter, telegram, or package; opening; harassment); 13.24 617.23 (indecent exposure; penalties); 609.2672 (assault of an 13.25 unborn child in the third degree); 617.293 (harmful materials; 13.26 dissemination and display to minors prohibited); 609.66 13.27 (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 13.28 exploitation of a vulnerable adult); 609.234 (failure to report 13.29 maltreatment of a vulnerable adult); 609.52 (theft); 609.27 13.30 (coercion); or an attempt or conspiracy to commit any of these 13.31 offenses, as each of these offenses is defined in Minnesota 13.32 Statutes; or an offense in any other state or country, the 13.33 elements of which are substantially similar to the elements of 13.34 any of the offenses listed in this clause; a determination or 13.35 disposition of failure to make required reports under section 13.36 626.556, subdivision 3, or 626.557, subdivision 3, for incidents 14.1 in which: (i) the final disposition under section 626.556 or 14.2 626.557 was substantiated maltreatment, and (ii) the 14.3 maltreatment was recurring or serious; or a determination or 14.4 disposition of substantiated serious or recurring maltreatment 14.5 of a minor under section 626.556 or of a vulnerable adult under 14.6 section 626.557 for which there is a preponderance of evidence 14.7 that the maltreatment occurred, and that the subject was 14.8 responsible for the maltreatment. 14.9 For the purposes of this section, "serious maltreatment" 14.10 means sexual abuse; maltreatment resulting in death; or 14.11 maltreatment resulting in serious injury which reasonably 14.12 requires the care of a physician whether or not the care of a 14.13 physician was sought; or abuse resulting in serious injury. For 14.14 purposes of this section, "abuse resulting in serious injury" 14.15 means: bruises, bites, skin laceration or tissue damage; 14.16 fractures; dislocations; evidence of internal injuries; head 14.17 injuries with loss of consciousness; extensive second-degree or 14.18 third-degree burns and other burns for which complications are 14.19 present; extensive second-degree or third-degree frostbite, and 14.20 others for which complications are present; irreversible 14.21 mobility or avulsion of teeth; injuries to the eyeball; 14.22 ingestion of foreign substances and objects that are harmful; 14.23 near drowning; and heat exhaustion or sunstroke. For purposes 14.24 of this section, "care of a physician" is treatment received or 14.25 ordered by a physician, but does not include diagnostic testing, 14.26 assessment, or observation. For the purposes of this section, 14.27 "recurring maltreatment" means more than one incident of 14.28 maltreatment for which there is a preponderance of evidence that 14.29 the maltreatment occurred, and that the subject was responsible 14.30 for the maltreatment. For purposes of this section, "access" 14.31 means physical access to an individual receiving services or the 14.32 individual's personal property without continuous, direct 14.33 supervision as defined in section 245A.04, subdivision 3. 14.34 (b) Except for background studies related to child foster 14.35 care, adult foster care, or family child care licensure, when 14.36 the subject of a background study is regulated by a 15.1 health-related licensing board as defined in chapter 214, and 15.2 the regulated person has been determined to have been 15.3 responsible for substantiated maltreatment under section 626.556 15.4 or 626.557, instead of the commissioner making a decision 15.5 regarding disqualification, the board shall make a determination 15.6 whether to impose disciplinary or corrective action under 15.7 chapter 214. 15.8 (1) The commissioner shall notify the health-related 15.9 licensing board: 15.10 (i) upon completion of a background study that produces a 15.11 record showing that the individual was determined to have been 15.12 responsible for substantiated maltreatment; 15.13 (ii) upon the commissioner's completion of an investigation 15.14 that determined the individual was responsible for substantiated 15.15 maltreatment; or 15.16 (iii) upon receipt from another agency of a finding of 15.17 substantiated maltreatment for which the individual was 15.18 responsible. 15.19 (2) The commissioner's notice shall indicate whether the 15.20 individual would have been disqualified by the commissioner for 15.21 the substantiated maltreatment if the individual were not 15.22 regulated by the board. The commissioner shall concurrently 15.23 send this notice to the individual. 15.24 (3) Notwithstanding the exclusion from this subdivision for 15.25 individuals who provide child foster care, adult foster care, or 15.26 family child care, when the commissioner or a local agency has 15.27 reason to believe that the direct contact services provided by 15.28 the individual may fall within the jurisdiction of a 15.29 health-related licensing board, a referral shall be made to the 15.30 board as provided in this section. 15.31 (4) If, upon review of the information provided by the 15.32 commissioner, a health-related licensing board informs the 15.33 commissioner that the board does not have jurisdiction to take 15.34 disciplinary or corrective action, the commissioner shall make 15.35 the appropriate disqualification decision regarding the 15.36 individual as otherwise provided in this chapter. 16.1 (5) The commissioner has the authority to monitor the 16.2 facility's compliance with any requirements that the 16.3 health-related licensing board places on regulated persons 16.4 practicing in a facility either during the period pending a 16.5 final decision on a disciplinary or corrective action or as a 16.6 result of a disciplinary or corrective action. The commissioner 16.7 has the authority to order the immediate removal of a regulated 16.8 person from direct contact or access when a board issues an 16.9 order of temporary suspension based on a determination that the 16.10 regulated person poses an immediate risk of harm to persons 16.11 receiving services in a licensed facility. 16.12 (6) A facility that allows a regulated person to provide 16.13 direct contact services while not complying with the 16.14 requirements imposed by the health-related licensing board is 16.15 subject to action by the commissioner as specified under 16.16 sections 245A.06 and 245A.07. 16.17 (7) The commissioner shall notify a health-related 16.18 licensing board immediately upon receipt of knowledge of 16.19 noncompliance with requirements placed on a facility or upon a 16.20 person regulated by the board. 16.21 Sec. 5. Minnesota Statutes 2002, section 256B.056, 16.22 subdivision 6, is amended to read: 16.23 Subd. 6. [ASSIGNMENT OF BENEFITS.] To be eligible for 16.24 medical assistance a person must have applied or must agree to 16.25 apply all proceeds received or receivable by the person or the 16.26 person's spouselegal representative from any third personparty 16.27 liable for the costs of medical care for the person, the spouse,16.28 and children. The state agency shall require from any applicant16.29 or recipient of medical assistance the assignment of any rights16.30 to medical support and third party payments.By accepting or 16.31 receiving assistance, the person is deemed to have assigned the 16.32 person's rights to medical support and third party payments as 16.33 required by Title 19 of the Social Security Act. Persons must 16.34 cooperate with the state in establishing paternity and obtaining 16.35 third party payments. By signing an application foraccepting 16.36 medical assistance, a person assigns to the department of human 17.1 services all rights the person may have to medical support or 17.2 payments for medical expenses from any other person or entity on 17.3 their own or their dependent's behalf and agrees to cooperate 17.4 with the state in establishing paternity and obtaining third 17.5 party payments. Any rights or amounts so assigned shall be 17.6 applied against the cost of medical care paid for under this 17.7 chapter. Any assignment takes effect upon the determination 17.8 that the applicant is eligible for medical assistance and up to 17.9 three months prior to the date of application if the applicant 17.10 is determined eligible for and receives medical assistance 17.11 benefits. The application must contain a statement explaining 17.12 this assignment. Any assignment shall not be effective as to17.13 benefits paid or provided under automobile accident coverage and17.14 private health care coverage prior to notification of the17.15 assignment by the person or organization providing the17.16 benefits.For the purposes of this section, "the department of 17.17 human services or the state" includes prepaid health plans under 17.18 contract with the commissioner according to sections 256B.031, 17.19 256B.69, 256D.03, subdivision 4, paragraph (d), and 256L.12; 17.20 children's mental health collaboratives under section 245.493; 17.21 demonstration projects for persons with disabilities under 17.22 section 256B.77; nursing facilities under the alternative 17.23 payment demonstration project under section 256B.434; and the 17.24 county-based purchasing entities under section 256B.692. 17.25 Sec. 6. Minnesota Statutes 2002, section 256B.057, 17.26 subdivision 10, is amended to read: 17.27 Subd. 10. [CERTAIN PERSONS NEEDING TREATMENT FOR BREAST OR 17.28 CERVICAL CANCER.] (a) Medical assistance may be paid for a 17.29 person who: 17.30 (1) has been screened for breast or cervical cancer by the 17.31 Minnesota breast and cervical cancer control program, and 17.32 program funds have been used to pay for the person's screening; 17.33 (2) according to the person's treating health professional, 17.34 needs treatment, including diagnostic services necessary to 17.35 determine the extent and proper course of treatment, for breast 17.36 or cervical cancer, including precancerous conditions and early 18.1 stage cancer; 18.2 (3) meets the income eligibility guidelines for the 18.3 Minnesota breast and cervical cancer control program; 18.4 (4) is under age 65; 18.5 (5) is not otherwise eligible for medical assistance under 18.6 United States Code, title 42, section 1396(a)(10)(A)(i); and 18.7 (6) is not otherwise covered under creditable coverage, as 18.8 defined under United States Code, title 42, section 18.9 300gg(c)1396a(aa). 18.10 (b) Medical assistance provided for an eligible person 18.11 under this subdivision shall be limited to services provided 18.12 during the period that the person receives treatment for breast 18.13 or cervical cancer. 18.14 (c) A person meeting the criteria in paragraph (a) is 18.15 eligible for medical assistance without meeting the eligibility 18.16 criteria relating to income and assets in section 256B.056, 18.17 subdivisions 1a to 5b. 18.18 Sec. 7. Minnesota Statutes 2002, section 256B.064, 18.19 subdivision 2, is amended to read: 18.20 Subd. 2. [IMPOSITION OF MONETARY RECOVERY AND SANCTIONS.] 18.21 (a) The commissioner shall determine any monetary amounts to be 18.22 recovered and sanctions to be imposed upon a vendor of medical 18.23 care under this section. Except as provided in 18.24 paragraphparagraphs (b) and (d), neither a monetary recovery 18.25 nor a sanction will be imposed by the commissioner without prior 18.26 notice and an opportunity for a hearing, according to chapter 18.27 14, on the commissioner's proposed action, provided that the 18.28 commissioner may suspend or reduce payment to a vendor of 18.29 medical care, except a nursing home or convalescent care 18.30 facility, after notice and prior to the hearing if in the 18.31 commissioner's opinion that action is necessary to protect the 18.32 public welfare and the interests of the program. 18.33 (b) Except for a nursing home or convalescent care 18.34 facility, the commissioner may withhold or reduce payments to a 18.35 vendor of medical care without providing advance notice of such 18.36 withholding or reduction if either of the following occurs: 19.1 (1) the vendor is convicted of a crime involving the 19.2 conduct described in subdivision 1a; or 19.3 (2) the commissioner receives reliable evidence of fraud or 19.4 willful misrepresentation by the vendor. 19.5 (c) The commissioner must send notice of the withholding or 19.6 reduction of payments under paragraph (b) within five days of 19.7 taking such action. The notice must: 19.8 (1) state that payments are being withheld according to 19.9 paragraph (b); 19.10 (2) except in the case of a conviction for conduct 19.11 described in subdivision 1a, state that the withholding is for a 19.12 temporary period and cite the circumstances under which 19.13 withholding will be terminated; 19.14 (3) identify the types of claims to which the withholding 19.15 applies; and 19.16 (4) inform the vendor of the right to submit written 19.17 evidence for consideration by the commissioner. 19.18 The withholding or reduction of payments will not continue 19.19 after the commissioner determines there is insufficient evidence 19.20 of fraud or willful misrepresentation by the vendor, or after 19.21 legal proceedings relating to the alleged fraud or willful 19.22 misrepresentation are completed, unless the commissioner has 19.23 sent notice of intention to impose monetary recovery or 19.24 sanctions under paragraph (a). 19.25 (d) The commissioner may suspend or terminate a vendor's 19.26 participation in the program without providing advance notice 19.27 and an opportunity for a hearing when the suspension or 19.28 termination is required because of the vendor's exclusion from 19.29 participation in Medicare. Within five days of taking such 19.30 action, the commissioner must send notice of the suspension or 19.31 termination. The notice must: 19.32 (1) state that suspension or termination is the result of 19.33 the vendor's exclusion from Medicare; 19.34 (2) identify the effective date of the suspension or 19.35 termination; 19.36 (3) inform the vendor of the need to be reinstated to 20.1 Medicare before reapplying for participation in the program; and 20.2 (4) inform the vendor of the right to submit written 20.3 evidence for consideration by the commissioner. 20.4 (e) Upon receipt of a notice under paragraph (a) that a 20.5 monetary recovery or sanction is to be imposed, a vendor may 20.6 request a contested case, as defined in section 14.02, 20.7 subdivision 3, by filing with the commissioner a written request 20.8 of appeal. The appeal request must be received by the 20.9 commissioner no later than 30 days after the date the 20.10 notification of monetary recovery or sanction was mailed to the 20.11 vendor. The appeal request must specify: 20.12 (1) each disputed item, the reason for the dispute, and an 20.13 estimate of the dollar amount involved for each disputed item; 20.14 (2) the computation that the vendor believes is correct; 20.15 (3) the authority in statute or rule upon which the vendor 20.16 relies for each disputed item; 20.17 (4) the name and address of the person or entity with whom 20.18 contacts may be made regarding the appeal; and 20.19 (5) other information required by the commissioner. 20.20 Sec. 8. Minnesota Statutes 2002, section 256B.437, 20.21 subdivision 2, is amended to read: 20.22 Subd. 2. [PLANNING AND DEVELOPMENT OF COMMUNITY-BASED 20.23 SERVICES.] (a) The commissioner of human services shall 20.24 establish a process to adjust the capacity and distribution of 20.25 long-term care services to equalize the supply and demand for 20.26 different types of services. This process must include 20.27 community planning, expansion or establishment of needed 20.28 services, and analysis of voluntary nursing facility closures. 20.29 (b) The purpose of this process is to support the planning 20.30 and development of community-based services. This process must 20.31 support early intervention, advocacy, and consumer protection 20.32 while providing resources and incentives for expanded county 20.33 planning and for nursing facilities to transition to meet 20.34 community needs. 20.35 (c) The process shall support and facilitate expansion of 20.36 community-based services under the county-administered 21.1 alternative care program under section 256B.0913 and waivers for 21.2 elderly under section 256B.0915, including, but not limited to, 21.3 the development of supportive services such as housing and 21.4 transportation. The process shall utilize community assessments 21.5 and planning developed for the community health services plan 21.6 and plan update and for the community social services act plan, 21.7 and other relevant information. 21.8 (d) The commissioners of health and human services, as 21.9 appropriate, shall provide, by July 15, 2001, available data 21.10 necessary for the county, including, but not limited to, data on 21.11 nursing facility bed distribution, housing with services 21.12 options, the closure of nursing facilities that occur outside of 21.13 the planned closure process, and approval of planned closures in 21.14 the county and contiguous counties. 21.15 (e) Each county shall submit to the commissioner of human 21.16 services, by October 15, 2001, a gaps analysis that identifies 21.17 local service needs, pending development of services, and any 21.18 other issues that would contribute to or impede further 21.19 development of community-based services. The gaps analysis must 21.20 also be sent to the local area agency on aging and, if 21.21 applicable, local SAIL projects, for review and comment. The 21.22 review and comment must assess needs across county boundaries. 21.23 The area agencies on aging and SAIL projects must provide the 21.24 commissioner and the counties with their review and analyses by 21.25 November 15, 2001. 21.26 (f) The addendum to the biennial plan shall be submitted 21.27 biennially, beginning December 31, 2001, and every other year 21.28 thereafter in accordance with the Community Social Services Act 21.29 plan timeline, and shall include recommendations for development 21.30 of community-based services. Area agencies on aging and SAIL 21.31 projects must provide the commissioner and the counties with 21.32 their review and analyses within 60 days following the Community 21.33 Social Services Act plan submission date. Both planning and 21.34 implementation shall be implemented within the amount of funding 21.35 made available to the county board for these purposes. 21.36 (g) The plan, within the funding allocated, shall: 22.1 (1) include the gaps analysis required by paragraph (e); 22.2 (2) involve providers, consumers, cities, townships, 22.3 businesses, and area agencies on aging in the planning process; 22.4 (3) address the availability of alternative care and 22.5 elderly waiver services for eligible recipients; 22.6 (4) address the development of other supportive services, 22.7 such as transit, housing, and workforce and economic 22.8 development; and 22.9 (5) estimate the cost and timelines for development. 22.10 (h) The biennial plan addendum shall be coordinated with 22.11 the county mental health plan for inclusion in the community 22.12 health services plan and included as an addendum to the 22.13 community social services plan. 22.14 (i) The county board having financial responsibility for 22.15 persons present in another county shall cooperate with that 22.16 county for planning and development of services. 22.17 (j) The county board shall cooperate in planning and 22.18 development of community-based services with other counties, as 22.19 necessary, and coordinate planning for long-term care services 22.20 that involve more than one county, within the funding allocated 22.21 for these purposes. 22.22 (k) The commissioners of health and human services, in22.23 cooperation with county boards, shall report biennially to the22.24 legislature, beginning February 1, 2002, regarding the22.25 development of community-based services, transition or closure22.26 of nursing facilities, and specific gaps in services in22.27 identified geographic areas that may require additional22.28 resources or flexibility, as documented by the process in this22.29 subdivision.22.30 Sec. 9. Minnesota Statutes 2002, section 256B.76, is 22.31 amended to read: 22.32 256B.76 [PHYSICIAN AND DENTAL REIMBURSEMENT.] 22.33 (a) Effective for services rendered on or after October 1, 22.34 1992, the commissioner shall make payments for physician 22.35 services as follows: 22.36 (1) payment for level one Centers for Medicare and Medicaid 23.1 Services' common procedural coding system codes titled "office 23.2 and other outpatient services," "preventive medicine new and 23.3 established patient," "delivery, antepartum, and postpartum 23.4 care," "critical care," cesarean delivery and pharmacologic 23.5 management provided to psychiatric patients, and level three 23.6 codes for enhanced services for prenatal high risk, shall be 23.7 paid at the lower of (i) submitted charges, or (ii) 25 percent 23.8 above the rate in effect on June 30, 1992. If the rate on any 23.9 procedure code within these categories is different than the 23.10 rate that would have been paid under the methodology in section 23.11 256B.74, subdivision 2, then the larger rate shall be paid; 23.12 (2) payments for all other services shall be paid at the 23.13 lower of (i) submitted charges, or (ii) 15.4 percent above the 23.14 rate in effect on June 30, 1992; 23.15 (3) all physician rates shall be converted from the 50th 23.16 percentile of 1982 to the 50th percentile of 1989, less the 23.17 percent in aggregate necessary to equal the above increases 23.18 except that payment rates for home health agency services shall 23.19 be the rates in effect on September 30, 1992; 23.20 (4) effective for services rendered on or after January 1, 23.21 2000, payment rates for physician and professional services 23.22 shall be increased by three percent over the rates in effect on 23.23 December 31, 1999, except for home health agency and family 23.24 planning agency services; and 23.25 (5) the increases in clause (4) shall be implemented 23.26 January 1, 2000, for managed care. 23.27 (b) Effective for services rendered on or after October 1, 23.28 1992, the commissioner shall make payments for dental services 23.29 as follows: 23.30 (1) dental services shall be paid at the lower of (i) 23.31 submitted charges, or (ii) 25 percent above the rate in effect 23.32 on June 30, 1992; 23.33 (2) dental rates shall be converted from the 50th 23.34 percentile of 1982 to the 50th percentile of 1989, less the 23.35 percent in aggregate necessary to equal the above increases; 23.36 (3) effective for services rendered on or after January 1, 24.1 2000, payment rates for dental services shall be increased by 24.2 three percent over the rates in effect on December 31, 1999; 24.3 (4) the commissioner shall award grants to community 24.4 clinics or other nonprofit community organizations, political 24.5 subdivisions, professional associations, or other organizations 24.6 that demonstrate the ability to provide dental services 24.7 effectively to public program recipients. Grants may be used to 24.8 fund the costs related to coordinating access for recipients, 24.9 developing and implementing patient care criteria, upgrading or 24.10 establishing new facilities, acquiring furnishings or equipment, 24.11 recruiting new providers, or other development costs that will 24.12 improve access to dental care in a region. In awarding grants, 24.13 the commissioner shall give priority to applicants that plan to 24.14 serve areas of the state in which the number of dental providers 24.15 is not currently sufficient to meet the needs of recipients of 24.16 public programs or uninsured individuals. The commissioner 24.17 shall consider the following in awarding the grants: 24.18 (i) potential to successfully increase access to an 24.19 underserved population; 24.20 (ii) the ability to raise matching funds; 24.21 (iii) the long-term viability of the project to improve 24.22 access beyond the period of initial funding; 24.23 (iv) the efficiency in the use of the funding; and 24.24 (v) the experience of the proposers in providing services 24.25 to the target population. 24.26 The commissioner shall monitor the grants and may terminate 24.27 a grant if the grantee does not increase dental access for 24.28 public program recipients. The commissioner shall consider 24.29 grants for the following: 24.30 (i) implementation of new programs or continued expansion 24.31 of current access programs that have demonstrated success in 24.32 providing dental services in underserved areas; 24.33 (ii) a pilot program for utilizing hygienists outside of a 24.34 traditional dental office to provide dental hygiene services; 24.35 and 24.36 (iii) a program that organizes a network of volunteer 25.1 dentists, establishes a system to refer eligible individuals to 25.2 volunteer dentists, and through that network provides donated 25.3 dental care services to public program recipients or uninsured 25.4 individuals; 25.5 (5) beginning October 1, 1999, the payment for tooth 25.6 sealants and fluoride treatments shall be the lower of (i) 25.7 submitted charge, or (ii) 80 percent of median 1997 charges; 25.8 (6) the increases listed in clauses (3) and (5) shall be 25.9 implemented January 1, 2000, for managed care; and 25.10 (7) effective for services provided on or after January 1, 25.11 2002, payment for diagnostic examinations and dental x-rays 25.12 provided to children under age 21 shall be the lower of (i) the 25.13 submitted charge, or (ii) 85 percent of median 1999 charges. 25.14 (c) Effective for dental services rendered on or after 25.15 January 1, 2002, the commissioner may, within the limits of 25.16 available appropriation, increase reimbursements to dentists and 25.17 dental clinics deemed by the commissioner to be critical access 25.18 dental providers. Reimbursement to a critical access dental 25.19 provider may be increased by not more than 50 percent above the 25.20 reimbursement rate that would otherwise be paid to the 25.21 provider. Payments to health plan companies shall be adjusted 25.22 to reflect increased reimbursements to critical access dental 25.23 providers as approved by the commissioner. In determining which 25.24 dentists and dental clinics shall be deemed critical access 25.25 dental providers, the commissioner shall review: 25.26 (1) the utilization rate in the service area in which the 25.27 dentist or dental clinic operates for dental services to 25.28 patients covered by medical assistance, general assistance 25.29 medical care, or MinnesotaCare as their primary source of 25.30 coverage; 25.31 (2) the level of services provided by the dentist or dental 25.32 clinic to patients covered by medical assistance, general 25.33 assistance medical care, or MinnesotaCare as their primary 25.34 source of coverage; and 25.35 (3) whether the level of services provided by the dentist 25.36 or dental clinic is critical to maintaining adequate levels of 26.1 patient access within the service area. 26.2 In the absence of a critical access dental provider in a service 26.3 area, the commissioner may designate a dentist or dental clinic 26.4 as a critical access dental provider if the dentist or dental 26.5 clinic is willing to provide care to patients covered by medical 26.6 assistance, general assistance medical care, or MinnesotaCare at 26.7 a level which significantly increases access to dental care in 26.8 the service area. 26.9 (d) Effective July 1, 2001, the medical assistance rates26.10 for outpatient mental health services provided by an entity that26.11 operates:26.12 (1) a Medicare-certified comprehensive outpatient26.13 rehabilitation facility; and26.14 (2) a facility that was certified prior to January 1, 1993,26.15 with at least 33 percent of the clients receiving rehabilitation26.16 services in the most recent calendar year who are medical26.17 assistance recipients, will be increased by 38 percent, when26.18 those services are provided within the comprehensive outpatient26.19 rehabilitation facility and provided to residents of nursing26.20 facilities owned by the entity.26.21 (e)An entity that operates both a Medicare certified 26.22 comprehensive outpatient rehabilitation facility and a facility 26.23 which was certified prior to January 1, 1993, that is licensed 26.24 under Minnesota Rules, parts 9570.2000 to 9570.3600, and for 26.25 whom at least 33 percent of the clients receiving rehabilitation 26.26 services in the most recent calendar year are medical assistance 26.27 recipients, shall be reimbursed by the commissioner for 26.28 rehabilitation services at rates that are 38 percent greater 26.29 than the maximum reimbursement rate allowed under paragraph (a), 26.30 clause (2), when those services are (1) provided within the 26.31 comprehensive outpatient rehabilitation facility and (2) 26.32 provided to residents of nursing facilities owned by the entity. 26.33 Sec. 10. Minnesota Statutes 2002, section 256B.761, is 26.34 amended to read: 26.35 256B.761 [REIMBURSEMENT FOR MENTAL HEALTH SERVICES.] 26.36 (a) Effective for services rendered on or after July 1, 27.1 2001, payment for medication management provided to psychiatric 27.2 patients, outpatient mental health services, day treatment 27.3 services, home-based mental health services, and family 27.4 community support services shall be paid at the lower of (1) 27.5 submitted charges, or (2) 75.6 percent of the 50th percentile of 27.6 1999 charges. 27.7 (b) Effective July 1, 2001, the medical assistance rates 27.8 for outpatient mental health services provided by an entity that 27.9 operates: (1) a Medicare-certified comprehensive outpatient 27.10 rehabilitation facility; and (2) a facility that was certified 27.11 prior to January 1, 1993, with at least 33 percent of the 27.12 clients receiving rehabilitation services in the most recent 27.13 calendar year who are medical assistance recipients, will be 27.14 increased by 38 percent, when those services are provided within 27.15 the comprehensive outpatient rehabilitation facility and 27.16 provided to residents of nursing facilities owned by the entity. 27.17 Sec. 11. Minnesota Statutes 2002, section 256D.03, 27.18 subdivision 3a, is amended to read: 27.19 Subd. 3a. [CLAIMS; ASSIGNMENT OF BENEFITS.] Claims must be 27.20 filed pursuant to section 256D.16. General assistance medical 27.21 care applicants and recipients must apply or agree to apply 27.22 third party health and accident benefits to the costs of medical 27.23 care. They must cooperate with the state in establishing 27.24 paternity and obtaining third party payments. By signing an27.25 application foraccepting general assistance, a person assigns 27.26 to the department of human services all rights to medical 27.27 support or payments for medical expenses from another person or 27.28 entity on their own or their dependent's behalf and agrees to 27.29 cooperate with the state in establishing paternity and obtaining 27.30 third party payments. The application shall contain a statement 27.31 explaining the assignment. Any rights or amounts assigned shall 27.32 be applied against the cost of medical care paid for under this 27.33 chapter. An assignment is effective on the date general 27.34 assistance medical care eligibility takes effect. The27.35 assignment shall not affect benefits paid or provided under27.36 automobile accident coverage and private health care coverage28.1 until the person or organization providing the benefits has28.2 received notice of the assignment.28.3 Sec. 12. Minnesota Statutes 2002, section 256L.12, 28.4 subdivision 6, is amended to read: 28.5 Subd. 6. [COPAYMENTS AND BENEFIT LIMITS.] Enrollees are 28.6 responsible for all copayments in section 256L.03, subdivision 428.7 5, and shall pay copayments to the managed care plan or to its 28.8 participating providers. The enrollee is also responsible for 28.9 payment of inpatient hospital charges which exceed the 28.10 MinnesotaCare benefit limit. 28.11 Sec. 13. Minnesota Statutes 2002, section 260C.141, 28.12 subdivision 2, is amended to read: 28.13 Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social 28.14 services agency responsible for the placement of a child in a 28.15 residential facility, as defined in section 260C.212, 28.16 subdivision 1, pursuant to a voluntary release by the child's 28.17 parent or parents must proceed in juvenile court to review the 28.18 foster care status of the child in the manner provided in this 28.19 section. 28.20 (a) Except for a child in placement due solely to the 28.21 child's developmental disability or emotional disturbance, when 28.22 a child continues in voluntary placement according to section 28.23 260C.212, subdivision 8, a petition shall be filed alleging the 28.24 child to be in need of protection or services or seeking 28.25 termination of parental rights or other permanent placement of 28.26 the child away from the parent within 90 days of the date of the 28.27 voluntary placement agreement. The petition shall state the 28.28 reasons why the child is in placement, the progress on the 28.29 out-of-home placement plan required under section 260C.212, 28.30 subdivision 1, and the statutory basis for the petition under 28.31 section 260C.007, subdivision 6, 260C.201, subdivision 11, or 28.32 260C.301. 28.33 (1) In the case of a petition alleging the child to be in 28.34 need of protection or services filed under this paragraph, if 28.35 all parties agree and the court finds it is in the best 28.36 interests of the child, the court may find the petition states a 29.1 prima facie case that: 29.2 (i) the child's needs are being met; 29.3 (ii) the placement of the child in foster care is in the 29.4 best interests of the child; 29.5 (iii) reasonable efforts to reunify the child and the 29.6 parent or guardian are being made; and 29.7 (iv) the child will be returned home in the next three 29.8 months. 29.9 (2) If the court makes findings under paragraph (1), the 29.10 court shall approve the voluntary arrangement and continue the 29.11 matter for up to three more months to ensure the child returns 29.12 to the parents' home. The responsible social services agency 29.13 shall: 29.14 (i) report to the court when the child returns home and the 29.15 progress made by the parent on the out-of-home placement plan 29.16 required under section 260C.212, in which case the court shall 29.17 dismiss jurisdiction; 29.18 (ii) report to the court that the child has not returned 29.19 home, in which case the matter shall be returned to the court 29.20 for further proceedings under section 260C.163; or 29.21 (iii) if any party does not agree to continue the matter 29.22 under paragraph (1) and this paragraph, the matter shall proceed 29.23 under section 260C.163. 29.24 (b) In the case of a child in voluntary placement due 29.25 solely to the child's developmental disability or emotional 29.26 disturbance according to section 260C.212, subdivision 9, the 29.27 following procedures apply: 29.28 (1) [REPORT TO COURT.] (i) Unless the county attorney 29.29 determines that a petition under subdivision 1 is appropriate, 29.30 without filing a petition, a written report shall be forwarded 29.31 to the court within 165 days of the date of the voluntary 29.32 placement agreement. The written report shall contain necessary 29.33 identifying information for the court to proceed, a copy of the 29.34 out-of-home placement plan required under section 260C.212, 29.35 subdivision 1, a written summary of the proceedings of any 29.36 administrative review required under section 260C.212, 30.1 subdivision 7, and any other information the responsible social 30.2 services agency, parent or guardian, the child or the foster 30.3 parent or other residential facility wants the court to consider. 30.4 (ii) The responsible social services agency, where 30.5 appropriate, must advise the child, parent or guardian, the 30.6 foster parent, or representative of the residential facility of 30.7 the requirements of this section and of their right to submit 30.8 information to the court. If the child, parent or guardian, 30.9 foster parent, or representative of the residential facility 30.10 wants to send information to the court, the responsible social 30.11 services agency shall advise those persons of the reporting date 30.12 and the identifying information necessary for the court 30.13 administrator to accept the information and submit it to a judge 30.14 with the agency's report. The responsible social services 30.15 agency must also notify those persons that they have the right 30.16 to be heard in person by the court and how to exercise that 30.17 right. The responsible social services agency must also provide 30.18 notice that an in-court hearing will not be held unless 30.19 requested by a parent or guardian, foster parent, or the child. 30.20 (iii) After receiving the required report, the court has 30.21 jurisdiction to make the following determinations and must do so 30.22 within ten days of receiving the forwarded report: (A) whether 30.23 or not the placement of the child is in the child's best 30.24 interests; and (B) whether the parent and agency are 30.25 appropriately planning for the child. Unless requested by a 30.26 parent or guardian, foster parent, or child, no in-court hearing 30.27 need be held in order for the court to make findings and issue 30.28 an order under this paragraph. 30.29 (iv) If the court finds the placement is in the child's 30.30 best interests and that the agency and parent are appropriately 30.31 planning for the child, the court shall issue an order 30.32 containing explicit, individualized findings to support its 30.33 determination. The court shall send a copy of the order to the 30.34 county attorney, the responsible social services agency, the 30.35 parent or guardian, the child, and the foster parents. The 30.36 court shall also send the parent or guardian, the child, and the 31.1 foster parent notice of the required review under clause (2). 31.2 (v) If the court finds continuing the placement not to be 31.3 in the child's best interests or that the agency or the parent 31.4 or guardian is not appropriately planning for the child, the 31.5 court shall notify the county attorney, the responsible social 31.6 services agency, the parent or guardian, the foster parent, the 31.7 child, and the county attorney of the court's determinations and 31.8 the basis for the court's determinations. 31.9 (2) [PERMANENCY REVIEW BY PETITION.] If a child with a 31.10 developmental disability or an emotional disturbance continues 31.11 in out-of-home placement for 13 months from the date of a 31.12 voluntary placement, a petition alleging the child to be in need 31.13 of protection or services, for termination of parental rights, 31.14 or for permanent placement of the child away from the parent 31.15 under section 260C.201 shall be filed. The court shall conduct 31.16 a permanency hearing on the petition no later than 14 months 31.17 after the date of the voluntary placement. At the permanency 31.18 hearing, the court shall determine the need for an order 31.19 permanently placing the child away from the parent or determine 31.20 whether there are compelling reasons that continued voluntary 31.21 placement is in the child's best interests. A petition alleging 31.22 the child to be in need of protection or services shall state 31.23 the date of the voluntary placement agreement, the nature of the 31.24 child's developmental disability or emotional disturbance, the 31.25 plan for the ongoing care of the child, the parents' 31.26 participation in the plan, the responsible social services 31.27 agency's efforts to finalize a plan for the permanent placement 31.28 of the child, and the statutory basis for the petition. 31.29 (i) If a petition alleging the child to be in need of 31.30 protection or services is filed under this paragraph, the court 31.31 may find, based on the contents of the sworn petition, and the 31.32 agreement of all parties, including the child, where 31.33 appropriate, that there are compelling reasons that the 31.34 voluntary arrangement is in the best interests of the child and 31.35 that the responsible social services agency has made reasonable 31.36 efforts to finalize a plan for the permanent placement of the 32.1 child, approve the continued voluntary placement, and continue 32.2 the matter under the court's jurisdiction for the purpose of 32.3 reviewing the child's placement as a continued voluntary 32.4 arrangement every 12 months as long as the child continues in 32.5 out-of-home placement. The matter must be returned to the court 32.6 for further review every 12 months as long as the child remains 32.7 in placement. The court shall give notice to the parent or 32.8 guardian of the continued review requirements under this 32.9 section. Nothing in this paragraph shall be construed to mean 32.10 the court must order permanent placement for the child under 32.11 section 260C.201, subdivision 11, as long as the court finds 32.12 compelling reasons at the first review required under this 32.13 section. 32.14 (ii) If a petition for termination of parental rights, for 32.15 transfer of permanent legal and physical custody to a relative, 32.16 for long-term foster care, or for foster care for a specified 32.17 period of time is filed, the court must proceed under section 32.18 260C.201, subdivision 11. 32.19 (3) If any party, including the child, disagrees with the 32.20 voluntary arrangement, the court shall proceed under section 32.21 260C.163. 32.22 Sec. 14. [REPEALER.] 32.23 (a) Minnesota Statutes 2002, sections 62J.66; 62J.68; 32.24 144A.071, subdivision 5; and 144A.35, are repealed. 32.25 (b) Laws 1998, chapter 407, article 4, section 63, is 32.26 repealed. 32.27 (c) Minnesota Rules, parts 9505.3045; 9505.3050; 9505.3055; 32.28 9505.3060; 9505.3068; 9505.3070; 9505.3075; 9505.3080; 32.29 9505.3090; 9505.3095; 9505.3100; 9505.3105; 9505.3107; 32.30 9505.3110; 9505.3115; 9505.3120; 9505.3125; 9505.3130; 32.31 9505.3138; 9505.3139; 9505.3140; 9505.3680; 9505.3690; and 32.32 9505.3700, are repealed effective July 1, 2003.