SF 1136

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; providing firearms 
  1.3             background check; providing mental health services; 
  1.4             adding provisions for paternity testing; adding 
  1.5             provisions for paternity and child support; 
  1.6             consolidating the prepaid medical assistance; 
  1.7             providing penalties; amending Minnesota Statutes 1994, 
  1.8             sections 245.041; 245.4871, subdivisions 12 and 33a; 
  1.9             245.4873, subdivision 6; 245.4874; 245.4875, 
  1.10            subdivision 2; 245.4878; 245.4885, subdivision 2; 
  1.11            253B.091; 256.015, subdivision 7; 256.025, 
  1.12            subdivisions 1 and 3; 256.12, subdivision 14; 256.74, 
  1.13            by adding a subdivision; 256.76, subdivision 1; 
  1.14            256B.69, subdivisions 4, 6, and by adding 
  1.15            subdivisions; 256E.08, subdivision 8; 257.55, 
  1.16            subdivision 1; 257.57, subdivision 2; 257.62, 
  1.17            subdivisions 1, 5, and 6; 257.64, subdivision 3; 
  1.18            257.69, subdivisions 1 and 2; 518.171, subdivisions 1, 
  1.19            3, 4, 5, 7, and 8; 518.611, subdivisions 2 and 4; 
  1.20            518.613, subdivision 7; and 518.615, subdivision 3; 
  1.21            repealing Minnesota Statutes 1994, sections 62C.141; 
  1.22            62C.143; 62D.106; and 62E.04, subdivisions 9 and 10.  
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1994, section 245.041, is 
  1.25  amended to read: 
  1.26     245.041 [PROVISION OF FIREARMS BACKGROUND CHECK 
  1.27  INFORMATION.] 
  1.28     Notwithstanding section 253B.23, subdivision 9, the 
  1.29  commissioner of human services shall provide commitment 
  1.30  information to local law enforcement agencies on an individual 
  1.31  request basis by means of electronic data transfer from the 
  1.32  department of human services through the Minnesota crime 
  1.33  information system for the sole purpose of facilitating a 
  1.34  firearms background check under section 624.7131, 624.7132, or 
  2.1   624.714.  The information to be provided is limited to whether 
  2.2   the person has been committed under chapter 253B and, if so, the 
  2.3   type of commitment. 
  2.4      Sec. 2.  Minnesota Statutes 1994, section 245.4871, 
  2.5   subdivision 12, is amended to read: 
  2.6      Subd. 12.  [EARLY MENTAL HEALTH IDENTIFICATION AND 
  2.7   INTERVENTION SERVICES.] "Early Mental health identification and 
  2.8   intervention services" means services that are designed to 
  2.9   identify children who are at risk of needing or who need mental 
  2.10  health services and that arrange for intervention and treatment. 
  2.11     Sec. 3.  Minnesota Statutes 1994, section 245.4871, 
  2.12  subdivision 33a, is amended to read: 
  2.13     Subd. 33a.  [SPECIAL CULTURALLY INFORMED MENTAL HEALTH 
  2.14  CONSULTANT.] "Special Culturally informed mental health 
  2.15  consultant" is a mental health practitioner or professional with 
  2.16  special expertise in treating children from a particular 
  2.17  cultural or racial minority group person who is recognized by 
  2.18  the culture as one who has knowledge of a particular culture and 
  2.19  its definition of health and mental health; and who is used as 
  2.20  necessary to assist the county board and its mental health 
  2.21  providers in assessing and providing appropriate mental health 
  2.22  services for children from that particular cultural, linguistic, 
  2.23  or racial heritage and their families. 
  2.24     Sec. 4.  Minnesota Statutes 1994, section 245.4873, 
  2.25  subdivision 6, is amended to read: 
  2.26     Subd. 6.  [PRIORITIES.] By January 1, 1992, the 
  2.27  commissioner shall require that each of the treatment services 
  2.28  and management activities described in sections 245.487 to 
  2.29  245.4888 be developed for children with emotional disturbances 
  2.30  within available resources based on the following ranked 
  2.31  priorities.  The commissioner shall reassign agency staff and 
  2.32  use consultants as necessary to meet this deadline:  
  2.33     (1) the provision of locally available mental health 
  2.34  emergency services; 
  2.35     (2) the provision of locally available mental health 
  2.36  services to all children with severe emotional disturbance; 
  3.1      (3) the provision of early mental health identification and 
  3.2   intervention services to children who are at risk of needing or 
  3.3   who need mental health services; 
  3.4      (4) the provision of specialized mental health services 
  3.5   regionally available to meet the special needs of all children 
  3.6   with severe emotional disturbance, and all children with 
  3.7   emotional disturbances; 
  3.8      (5) the provision of locally available services to children 
  3.9   with emotional disturbances; and 
  3.10     (6) the provision of education and preventive mental health 
  3.11  services. 
  3.12     Sec. 5.  Minnesota Statutes 1994, section 245.4874, is 
  3.13  amended to read: 
  3.14     245.4874 [DUTIES OF COUNTY BOARD.] 
  3.15     The county board in each county shall use its share of 
  3.16  mental health and community social services act funds allocated 
  3.17  by the commissioner according to a biennial children's mental 
  3.18  health component of the community social services plan required 
  3.19  under section 245.4888, and approved by the commissioner.  The 
  3.20  county board must: 
  3.21     (1) develop a system of affordable and locally available 
  3.22  children's mental health services according to sections 245.487 
  3.23  to 245.4888; 
  3.24     (2) establish a mechanism providing for interagency 
  3.25  coordination as specified in section 245.4875, subdivision 6; 
  3.26     (3) develop a biennial children's mental health component 
  3.27  of the community social services plan required under section 
  3.28  256E.09 which considers the assessment of unmet needs in the 
  3.29  county as reported by the local children's mental health 
  3.30  advisory council under section 245.4875, subdivision 5, 
  3.31  paragraph (b), clause (3).  The county shall provide, upon 
  3.32  request of the local children's mental health advisory council, 
  3.33  readily available data to assist in the determination of unmet 
  3.34  needs; 
  3.35     (4) assure that parents and providers in the county receive 
  3.36  information about how to gain access to services provided 
  4.1   according to sections 245.487 to 245.4888; 
  4.2      (5) coordinate the delivery of children's mental health 
  4.3   services with services provided by social services, education, 
  4.4   corrections, health, and vocational agencies to improve the 
  4.5   availability of mental health services to children and the 
  4.6   cost-effectiveness of their delivery; 
  4.7      (6) assure that mental health services delivered according 
  4.8   to sections 245.487 to 245.4888 are delivered expeditiously and 
  4.9   are appropriate to the child's diagnostic assessment and 
  4.10  individual treatment plan; 
  4.11     (7) provide the community with information about predictors 
  4.12  and symptoms of emotional disturbances and how to access 
  4.13  children's mental health services according to sections 245.4877 
  4.14  and 245.4878; 
  4.15     (8) provide for case management services to each child with 
  4.16  severe emotional disturbance according to sections 245.486; 
  4.17  245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3, 
  4.18  and 5; 
  4.19     (9) provide for screening of each child under section 
  4.20  245.4885 upon admission to a residential treatment facility, 
  4.21  acute care hospital inpatient treatment, or informal admission 
  4.22  to a regional treatment center; 
  4.23     (10) prudently administer grants and purchase-of-service 
  4.24  contracts that the county board determines are necessary to 
  4.25  fulfill its responsibilities under sections 245.487 to 245.4888; 
  4.26     (11) assure that mental health professionals, mental health 
  4.27  practitioners, and case managers employed by or under contract 
  4.28  to the county to provide mental health services are qualified 
  4.29  under section 245.4871; 
  4.30     (12) assure that children's mental health services are 
  4.31  coordinated with adult mental health services specified in 
  4.32  sections 245.461 to 245.486 so that a continuum of mental health 
  4.33  services is available to serve persons with mental illness, 
  4.34  regardless of the person's age; and 
  4.35     (13) assure that special culturally informed mental health 
  4.36  consultants are used as necessary to assist the county board in 
  5.1   assessing and providing appropriate treatment for children of 
  5.2   cultural or racial minority heritage. 
  5.3      Sec. 6.  Minnesota Statutes 1994, section 245.4875, 
  5.4   subdivision 2, is amended to read: 
  5.5      Subd. 2.  [CHILDREN'S MENTAL HEALTH SERVICES.] The 
  5.6   children's mental health service system developed by each county 
  5.7   board must include the following services:  
  5.8      (1) education and prevention services according to section 
  5.9   245.4877; 
  5.10     (2) early mental health identification and intervention 
  5.11  services according to section 245.4878; 
  5.12     (3) emergency services according to section 245.4879; 
  5.13     (4) outpatient services according to section 245.488; 
  5.14     (5) family community support services according to section 
  5.15  245.4881; 
  5.16     (6) day treatment services according to section 245.4884, 
  5.17  subdivision 2; 
  5.18     (7) residential treatment services according to section 
  5.19  245.4882; 
  5.20     (8) acute care hospital inpatient treatment services 
  5.21  according to section 245.4883; 
  5.22     (9) screening according to section 245.4885; 
  5.23     (10) case management according to section 245.4881; 
  5.24     (11) therapeutic support of foster care according to 
  5.25  section 245.4884, subdivision 4; and 
  5.26     (12) professional home-based family treatment according to 
  5.27  section 245.4884, subdivision 4. 
  5.28     Sec. 7.  Minnesota Statutes 1994, section 245.4878, is 
  5.29  amended to read: 
  5.30     245.4878 [EARLY MENTAL HEALTH IDENTIFICATION AND 
  5.31  INTERVENTION.] 
  5.32     By January 1, 1991, early mental health identification and 
  5.33  intervention services must be available to meet the needs of all 
  5.34  children and their families residing in the county, consistent 
  5.35  with section 245.4873.  Early Mental health identification and 
  5.36  intervention services must be designed to identify children who 
  6.1   are at risk of needing or who need mental health services.  The 
  6.2   county board must provide intervention and offer treatment 
  6.3   services to each child who is identified as needing mental 
  6.4   health services.  The county board must offer intervention 
  6.5   services to each child who is identified as being at risk of 
  6.6   needing mental health services. 
  6.7      Sec. 8.  Minnesota Statutes 1994, section 245.4885, 
  6.8   subdivision 2, is amended to read: 
  6.9      Subd. 2.  [QUALIFICATIONS.] No later than July 1, 1991, 
  6.10  screening of children for residential and inpatient services 
  6.11  must be conducted by a mental health professional.  Where 
  6.12  appropriate and available, special culturally informed mental 
  6.13  health consultants must participate in the screening.  Mental 
  6.14  health professionals providing screening for inpatient and 
  6.15  residential services must not be financially affiliated with any 
  6.16  acute care inpatient hospital, residential treatment facility, 
  6.17  or regional treatment center.  The commissioner may waive this 
  6.18  requirement for mental health professional participation after 
  6.19  July 1, 1991, if the county documents that: 
  6.20     (1) mental health professionals or mental health 
  6.21  practitioners are unavailable to provide this service; and 
  6.22     (2) services are provided by a designated person with 
  6.23  training in human services who receives clinical supervision 
  6.24  from a mental health professional. 
  6.25     Sec. 9.  Minnesota Statutes 1994, section 253B.091, is 
  6.26  amended to read: 
  6.27     253B.091 [REPORTING JUDICIAL COMMITMENTS INVOLVING PRIVATE 
  6.28  TREATMENT PROGRAMS OR FACILITIES.] 
  6.29     Notwithstanding section 253B.23, subdivision 9, when a 
  6.30  committing court judicially commits a proposed patient to a 
  6.31  treatment program or facility other than a state-operated 
  6.32  program or facility, the court shall report the commitment to 
  6.33  the commissioner of human services through the supreme court 
  6.34  information system for purposes of providing commitment 
  6.35  information for firearm background checks under section 245.041. 
  6.36     Sec. 10.  Minnesota Statutes 1994, section 256.015, 
  7.1   subdivision 7, is amended to read: 
  7.2      Subd. 7.  [COOPERATION REQUIRED.] Upon the request of the 
  7.3   department of human services, any state agency or third party 
  7.4   payer shall cooperate with the department in furnishing 
  7.5   information to help establish a third party liability.  Upon the 
  7.6   request of the department of human services or county child 
  7.7   support or human service agencies, any employer or third party 
  7.8   payer shall cooperate in furnishing information about group 
  7.9   health insurance plans or medical benefit plans available to its 
  7.10  employees.  The department of human services and county agencies 
  7.11  shall limit its use of information gained from agencies and, 
  7.12  third party payers, and employers to purposes directly connected 
  7.13  with the administration of its public assistance and child 
  7.14  support programs.  The provision of information by agencies and, 
  7.15  third party payers, and employers to the department under this 
  7.16  subdivision is not a violation of any right of confidentiality 
  7.17  or data privacy. 
  7.18     Sec. 11.  Minnesota Statutes 1994, section 256.025, 
  7.19  subdivision 1, is amended to read: 
  7.20     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  7.21  section, the following terms have the meanings given them.  
  7.22     (b) "Base amount" means the calendar year 1990 county share 
  7.23  of county agency expenditures for all of the programs specified 
  7.24  in subdivision 2, except for the programs in subdivision 2, 
  7.25  clauses (4), (7), and (13).  The 1990 base amount for 
  7.26  subdivision 2, clause (4), shall be reduced by one-seventh for 
  7.27  each county, and the 1990 base amount for subdivision 2, clause 
  7.28  (7), shall be reduced by seven-tenths for each county, and those 
  7.29  amounts in total shall be the 1990 base amount for group 
  7.30  residential housing in subdivision 2, clause (13).  
  7.31     (c) "County agency expenditure" means the total expenditure 
  7.32  or cost incurred by the county of financial responsibility for 
  7.33  the benefits and services for each of the programs specified in 
  7.34  subdivision 2.  The term includes the federal, state, and county 
  7.35  share of costs for programs in which there is federal financial 
  7.36  participation.  For programs in which there is no federal 
  8.1   financial participation, the term includes the state and county 
  8.2   share of costs.  The term excludes county administrative costs, 
  8.3   unless otherwise specified.  
  8.4      (d) "Nonfederal share" means the sum of state and county 
  8.5   shares of costs of the programs specified in subdivision 2. 
  8.6      (e) The "county share of county agency expenditures growth 
  8.7   amount" is the amount by which the county share of county agency 
  8.8   expenditures in calendar years 1991 to 2000 2002 has increased 
  8.9   over the base amount. 
  8.10     Sec. 12.  Minnesota Statutes 1994, section 256.025, 
  8.11  subdivision 3, is amended to read: 
  8.12     Subd. 3.  [PAYMENT METHODS.] (a) Beginning July 1, 1991, 
  8.13  the state will reimburse counties for the county share of county 
  8.14  agency expenditures for benefits and services distributed under 
  8.15  subdivision 2.  Reimbursement may take the form of offsets to 
  8.16  billings of a county, if the county agrees to the offset process.
  8.17     (b) Payments under subdivision 4 are only for client 
  8.18  benefits and services distributed under subdivision 2 and do not 
  8.19  include reimbursement for county administrative expenses. 
  8.20     (c) The state and the county agencies shall pay for 
  8.21  assistance programs as follows: 
  8.22     (1) Where the state issues payments for the programs, the 
  8.23  county shall monthly or quarterly pay to the state, as required 
  8.24  by the department of human services, the portion of program 
  8.25  costs not met by federal and state funds.  The payment shall be 
  8.26  an estimate that is based on actual expenditures from the prior 
  8.27  period and that is sufficient to compensate for the county share 
  8.28  of disbursements as well as state and federal shares of 
  8.29  recoveries; 
  8.30     (2) Where the county agencies issue payments for the 
  8.31  programs, the state shall monthly or quarterly pay to counties 
  8.32  all federal funds available for those programs together with an 
  8.33  amount of state funds equal to the state share of expenditures; 
  8.34  and 
  8.35     (3) Payments made under this paragraph are subject to 
  8.36  section 256.017.  Adjustment of any overestimate or 
  9.1   underestimate in payments shall be made by the state agency in 
  9.2   any succeeding month. 
  9.3      Sec. 13.  Minnesota Statutes 1994, section 256.12, 
  9.4   subdivision 14, is amended to read: 
  9.5      Subd. 14.  [DEPENDENT CHILD.] (a) "Dependent child," as 
  9.6   used in sections 256.72 to 256.87, means a child under the age 
  9.7   of 18 years, or a child under the age of 19 years who is 
  9.8   regularly attending as a full-time student, and is expected to 
  9.9   complete before reaching age 19, a high school or a secondary 
  9.10  level course of vocational or technical training designed to fit 
  9.11  students for gainful employment, who is found to be deprived of 
  9.12  parental support or care by reason of the death, continued 
  9.13  absence from the home, physical or mental incapacity of a 
  9.14  parent, or who is a child of an unemployed parent as that term 
  9.15  is defined by the commissioner of human services, such 
  9.16  definition to be consistent with and not to exceed minimum 
  9.17  standards established by the Congress of the United States and 
  9.18  the Secretary of Health and Human Services.  When defining 
  9.19  "unemployed parent," the commissioner shall count up to four 
  9.20  calendar quarters of full-time attendance in any of the 
  9.21  following toward the requirement that a principal earner have 
  9.22  six or more quarters of work in any 13 calendar quarter period 
  9.23  ending within one year before application for aid to families 
  9.24  with dependent children: 
  9.25     (1) an elementary or secondary school; 
  9.26     (2) a federally approved vocational or technical training 
  9.27  course designed to prepare the parent for gainful employment; or 
  9.28     (3) full-time participation in an education or training 
  9.29  program established under the job training partnership act.  
  9.30     (b) Dependent child also means a child: 
  9.31     (1) whose relatives are liable under the law for the 
  9.32  child's support and are not able to provide adequate care and 
  9.33  support of the child; and 
  9.34     (2) who is living with father, mother, grandfather, 
  9.35  grandmother, brother, sister, stepfather, stepmother, 
  9.36  stepbrother, stepsister, uncle, aunt, first cousin, nephew, or 
 10.1   niece a parent or a person in one of the groups listed under 
 10.2   Code of Federal Regulations, title 45, section 
 10.3   233.90(c)(1)(v)(A) in a place of residence maintained by one or 
 10.4   more of these relatives as a home. 
 10.5      (c) Dependent child also means a child who has been removed 
 10.6   from the home of a relative after a judicial determination that 
 10.7   continuance in the home would be contrary to the welfare and 
 10.8   best interests of the child and whose care and placement in a 
 10.9   foster home or a private licensed child care institution is, in 
 10.10  accordance with the rules of the commissioner, the 
 10.11  responsibility of the state or county agency under sections 
 10.12  256.72 to 256.87.  This child is eligible for benefits only 
 10.13  through the foster care and adoption assistance program 
 10.14  contained in Title IV-E of the Social Security Act, United 
 10.15  States Code, title 42, sections 670 to 676, and is not entitled 
 10.16  to benefits under sections 256.72 to 256.87. 
 10.17     Sec. 14.  Minnesota Statutes 1994, section 256.74, is 
 10.18  amended by adding a subdivision to read: 
 10.19     Subd. 6.  [GOOD CAUSE CLAIMS.] All applications for good 
 10.20  cause exemption from cooperation with child support enforcement 
 10.21  shall be reviewed by designees of the county human services 
 10.22  board to ensure the validity of good cause determinations.  
 10.23     Sec. 15.  Minnesota Statutes 1994, section 256.76, 
 10.24  subdivision 1, is amended to read: 
 10.25     Subdivision 1.  Upon the completion of the investigation 
 10.26  the county agency shall decide whether the child is eligible for 
 10.27  assistance under the provisions of sections 256.72 to 256.87 and 
 10.28  determine the amount of the assistance and the date on which the 
 10.29  assistance begins.  A decision on an application for assistance 
 10.30  must be made as promptly as possible and no more than 30 days 
 10.31  from the date of application.  Notwithstanding section 393.07, 
 10.32  the county agency shall not delay approval or issuance of 
 10.33  assistance pending formal action of the county board of 
 10.34  commissioners.  The first month's grant shall be based upon that 
 10.35  portion of the month from the date of application, or from the 
 10.36  date that the applicant meets all eligibility factors, whichever 
 11.1   occurs later, provided that on the date that assistance is first 
 11.2   requested, the county agency shall inquire and determine whether 
 11.3   the person requesting assistance is in immediate need of food, 
 11.4   shelter, clothing, or other emergency assistance.  If an 
 11.5   emergency need is found to exist, the applicant shall be granted 
 11.6   assistance pursuant to section 256.871 within a reasonable 
 11.7   period of time.  It shall make a grant of assistance which shall 
 11.8   be binding upon the county and be complied with by the county 
 11.9   until the grant is modified or vacated.  The county agency shall 
 11.10  notify the applicant of its decision in writing.  The assistance 
 11.11  shall be paid monthly to the applicant or to the vendor of 
 11.12  medical care upon order of the county agency from funds 
 11.13  appropriated to the county agency for this purpose.  The county 
 11.14  agency shall, upon the granting of assistance under these 
 11.15  sections, file an order on the form to be approved by the state 
 11.16  agency with the auditor of the county.  After the order is 
 11.17  filed, warrants shall be drawn and payments made only in 
 11.18  accordance with this order to or for recipients of this 
 11.19  assistance or in accordance with any subsequent order. 
 11.20     Sec. 16.  Minnesota Statutes 1994, section 256B.69, 
 11.21  subdivision 4, is amended to read: 
 11.22     Subd. 4.  [LIMITATION OF CHOICE.] The commissioner shall 
 11.23  develop criteria to determine when limitation of choice may be 
 11.24  implemented in the experimental counties.  The criteria shall 
 11.25  ensure that all eligible individuals in the county have 
 11.26  continuing access to the full range of medical assistance 
 11.27  services as specified in subdivision 6.  The commissioner shall 
 11.28  exempt the following persons from participation in the project, 
 11.29  in addition to those who do not meet the criteria for limitation 
 11.30  of choice:  (1) persons eligible for medical assistance 
 11.31  according to section 256B.055, subdivision 1, and children under 
 11.32  age 21 who are in foster placement; (2) persons eligible for 
 11.33  medical assistance due to blindness or disability as determined 
 11.34  by the social security administration or the state medical 
 11.35  review team, unless they are 65 years of age or older; (3) 
 11.36  recipients who currently have private coverage through a health 
 12.1   maintenance organization; and (4) recipients who are eligible 
 12.2   for medical assistance by spending down excess income for 
 12.3   medical expenses other than the nursing facility per diem 
 12.4   expense; and (5) recipients who receive benefits under the 
 12.5   Refugee Assistance Program, established under United States 
 12.6   Code, title 8, section 1522(e).  Children under age 21 who are 
 12.7   in foster placement may enroll in the project on an elective 
 12.8   basis.  Before limitation of choice is implemented, eligible 
 12.9   individuals shall be notified and after notification, shall be 
 12.10  allowed to choose only among demonstration providers.  After 
 12.11  initially choosing a provider, the recipient is allowed to 
 12.12  change that choice only at specified times as allowed by the 
 12.13  commissioner.  If a demonstration provider ends participation in 
 12.14  the project for any reason, a recipient enrolled with that 
 12.15  provider must select a new provider but may change providers 
 12.16  without cause once more within the first 60 days after 
 12.17  enrollment with the second provider. 
 12.18     Sec. 17.  Minnesota Statutes 1994, section 256B.69, 
 12.19  subdivision 6, is amended to read: 
 12.20     Subd. 6.  [SERVICE DELIVERY.] (a) Each demonstration 
 12.21  provider shall be responsible for the health care coordination 
 12.22  for eligible individuals.  Demonstration providers:  
 12.23     (1) shall authorize and arrange for the provision of all 
 12.24  needed health services including but not limited to the full 
 12.25  range of services listed in sections 256B.02, subdivision 8, and 
 12.26  256B.0625 in order to ensure appropriate health care is 
 12.27  delivered to enrollees, except for skilled nursing home services 
 12.28  and services of intermediate care facilities for persons with 
 12.29  mental retardation or related conditions as defined in section 
 12.30  256B.0625, subdivision 2; 
 12.31     (2) shall accept the prospective, per capita payment from 
 12.32  the commissioner in return for the provision of comprehensive 
 12.33  and coordinated health care services for eligible individuals 
 12.34  enrolled in the program; 
 12.35     (3) may contract with other health care and social service 
 12.36  practitioners to provide services to enrollees; and 
 13.1      (4) shall institute recipient grievance procedures 
 13.2   according to the method established by the project, utilizing 
 13.3   applicable requirements of chapter 62D.  Disputes not resolved 
 13.4   through this process shall be appealable to the commissioner as 
 13.5   provided in subdivision 11.  
 13.6      (b) Demonstration providers must comply with the standards 
 13.7   for claims settlement under section 72A.201, subdivisions 4, 5, 
 13.8   7, and 8, when contracting with other health care and social 
 13.9   service practitioners to provide services to enrollees.  A 
 13.10  demonstration provider must pay a clean claim, as defined in 
 13.11  Code of Federal Regulations, title 42, section 447.45(b), within 
 13.12  30 business days of the date of acceptance of the claim. 
 13.13     Sec. 18.  Minnesota Statutes 1994, section 256B.69, is 
 13.14  amended by adding a subdivision to read: 
 13.15     Subd. 18.  [OMBUDSMAN.] The commissioner shall designate an 
 13.16  ombudsman to advocate for persons required to enroll in prepaid 
 13.17  health plans under this section.  The ombudsman shall advocate 
 13.18  for recipients enrolled in prepaid health plans through 
 13.19  complaint and appeal procedures and ensure that necessary 
 13.20  medical services are provided either by the prepaid health plan 
 13.21  directly or by referral to appropriate social services.  At the 
 13.22  time of enrollment in a prepaid health plan, the local agency 
 13.23  shall inform recipients about the ombudsman program and their 
 13.24  right to a resolution of a complaint by the prepaid health plan 
 13.25  if they experience a problem with the plan or its providers. 
 13.26     Sec. 19.  Minnesota Statutes 1994, section 256B.69, is 
 13.27  amended by adding a subdivision to read: 
 13.28     Subd. 19.  [SERVICES PENDING APPEAL.] If the recipient 
 13.29  appeals in writing to the state agency on or before the tenth 
 13.30  day after the decision of the prepaid health plan to reduce, 
 13.31  suspend, or terminate services which the recipient had been 
 13.32  receiving, and the treating physician or another plan physician 
 13.33  orders the services to be continued at the previous level, the 
 13.34  prepaid health plan must continue to provide services at a level 
 13.35  equal to the level ordered by the plan's physician until the 
 13.36  state agency renders its decision. 
 14.1      Sec. 20.  Minnesota Statutes 1994, section 256B.69, is 
 14.2   amended by adding a subdivision to read: 
 14.3      Subd. 20.  [PREPAYMENT COORDINATOR.] The local agency shall 
 14.4   designate a prepayment coordinator to assist the state agency in 
 14.5   implementing this section and section 256D.03, subdivision 4.  
 14.6   Assistance must include educating recipients about available 
 14.7   health care options, enrolling recipients under subdivision 5, 
 14.8   providing necessary eligibility and enrollment information to 
 14.9   health plans and the state agency, and coordinating complaints 
 14.10  and appeals with the ombudsman established in subdivision 18. 
 14.11     Sec. 21.  Minnesota Statutes 1994, section 256B.69, is 
 14.12  amended by adding a subdivision to read: 
 14.13     Subd. 21.  [IMPACT ON PUBLIC OR TEACHING HOSPITALS AND 
 14.14  COMMUNITY CLINICS.] (a) Before implementing prepaid programs in 
 14.15  counties with a county operated or affiliated public teaching 
 14.16  hospital or a hospital or clinic operated by the University of 
 14.17  Minnesota, the commissioner shall consider the risks the prepaid 
 14.18  program creates for the hospital and allow the county or 
 14.19  hospital the opportunity to participate in the program, provided 
 14.20  the terms of participation in the program are competitive with 
 14.21  the terms of other participants. 
 14.22     (b) Prepaid health plans serving counties with a nonprofit 
 14.23  community clinic or community health services agency must 
 14.24  contract with the clinic or agency to provide services to 
 14.25  clients who choose to receive services from the clinic or 
 14.26  agency, if the clinic or agency agrees to payment rates that are 
 14.27  competitive with rates paid to other health plan providers for 
 14.28  the same or similar services. 
 14.29     Sec. 22.  Minnesota Statutes 1994, section 256B.69, is 
 14.30  amended by adding a subdivision to read: 
 14.31     Subd. 22.  [LIMITATION ON REIMBURSEMENT TO PROVIDERS NOT 
 14.32  AFFILIATED WITH A PREPAID HEALTH PLAN.] A prepaid health plan 
 14.33  may limit any reimbursement it may be required to pay to 
 14.34  providers not employed by or under contract with the prepaid 
 14.35  health plan to the medical assistance rates for medical 
 14.36  assistance enrollees, and the general assistance medical care 
 15.1   rates for general assistance medical care enrollees, paid by the 
 15.2   commissioner of human services to providers for services to 
 15.3   recipients not enrolled in a prepaid health plan. 
 15.4      Sec. 23.  Minnesota Statutes 1994, section 256E.08, 
 15.5   subdivision 8, is amended to read: 
 15.6      Subd. 8.  [REPORTING BY COUNTIES.] Beginning in calendar 
 15.7   year 1980 each county shall submit to the commissioner of human 
 15.8   services a financial accounting of the county's community social 
 15.9   services fund, and other data required by the commissioner under 
 15.10  section 256E.05, subdivision 3, paragraph (g), shall include:  
 15.11     (a) A detailed statement of income and expenses 
 15.12  attributable to the fund in the preceding quarter; and 
 15.13     (b) A statement of the source and application of all money 
 15.14  used for social services programs by the county during the 
 15.15  preceding quarter, including the number of clients served and 
 15.16  expenditures for each service provided, as required by the 
 15.17  commissioner of human services.  
 15.18     In addition, each county shall submit to the commissioner 
 15.19  of human services no later than February 15 of each year, a 
 15.20  detailed balance sheet of the community social development fund 
 15.21  for the preceding calendar year.  
 15.22     If county boards have joined or designated human service 
 15.23  boards for purposes of providing community social services 
 15.24  programs, the county boards may submit a joint statement or the 
 15.25  human service board shall submit the statement, as applicable.  
 15.26     Sec. 24.  Minnesota Statutes 1994, section 257.55, 
 15.27  subdivision 1, is amended to read: 
 15.28     Subdivision 1.  [PRESUMPTION.] A man is presumed to be the 
 15.29  biological father of a child if:  
 15.30     (a) He and the child's biological mother are or have been 
 15.31  married to each other and the child is born during the marriage, 
 15.32  or within 280 days after the marriage is terminated by death, 
 15.33  annulment, declaration of invalidity, dissolution, or divorce, 
 15.34  or after a decree of legal separation is entered by a court; 
 15.35     (b) Before the child's birth, he and the child's biological 
 15.36  mother have attempted to marry each other by a marriage 
 16.1   solemnized in apparent compliance with law, although the 
 16.2   attempted marriage is or could be declared void, voidable, or 
 16.3   otherwise invalid, and, 
 16.4      (1) if the attempted marriage could be declared invalid 
 16.5   only by a court, the child is born during the attempted 
 16.6   marriage, or within 280 days after its termination by death, 
 16.7   annulment, declaration of invalidity, dissolution or divorce; or 
 16.8      (2) if the attempted marriage is invalid without a court 
 16.9   order, the child is born within 280 days after the termination 
 16.10  of cohabitation; 
 16.11     (c) After the child's birth, he and the child's biological 
 16.12  mother have married, or attempted to marry, each other by a 
 16.13  marriage solemnized in apparent compliance with law, although 
 16.14  the attempted marriage is or could be declared void, voidable, 
 16.15  or otherwise invalid, and, 
 16.16     (1) he has acknowledged his paternity of the child in 
 16.17  writing filed with the state registrar of vital statistics; 
 16.18     (2) with his consent, he is named as the child's father on 
 16.19  the child's birth certificate; or 
 16.20     (3) he is obligated to support the child under a written 
 16.21  voluntary promise or by court order; 
 16.22     (d) While the child is under the age of majority, he 
 16.23  receives the child into his home and openly holds out the child 
 16.24  as his biological child; 
 16.25     (e) He and the child's biological mother acknowledge his 
 16.26  paternity of the child in a writing signed by both of them under 
 16.27  section 257.34 and filed with the state registrar of vital 
 16.28  statistics.  If another man is presumed under this paragraph to 
 16.29  be the child's father, acknowledgment may be effected only with 
 16.30  the written consent of the presumed father or after the 
 16.31  presumption has been rebutted; 
 16.32     (f) Evidence of statistical probability of paternity based 
 16.33  on blood or genetic testing establishes the likelihood that he 
 16.34  is the father of the child, calculated with a prior probability 
 16.35  of no more than 0.5 (50 percent), is 99 percent or greater; 
 16.36     (g) He and the child's biological mother have executed a 
 17.1   recognition of parentage in accordance with section 257.75 and 
 17.2   another man is presumed to be the father under this subdivision; 
 17.3   or 
 17.4      (h) He and the child's biological mother have executed a 
 17.5   recognition of parentage in accordance with section 257.75 and 
 17.6   another man and the child's mother have executed a recognition 
 17.7   of parentage in accordance with section 257.75. 
 17.8      Sec. 25.  Minnesota Statutes 1994, section 257.57, 
 17.9   subdivision 2, is amended to read: 
 17.10     Subd. 2.  The child, the mother, or personal representative 
 17.11  of the child, the public authority chargeable by law with the 
 17.12  support of the child, the personal representative or a parent of 
 17.13  the mother if the mother has died or is a minor, a man alleged 
 17.14  or alleging himself to be the father, or the personal 
 17.15  representative or a parent of the alleged father if the alleged 
 17.16  father has died or is a minor may bring an action: 
 17.17     (1) at any time for the purpose of declaring the existence 
 17.18  of the father and child relationship presumed under section 
 17.19  257.55, subdivision 1, paragraph (d), (e), (f), (g), or (h), or 
 17.20  the nonexistence of the father and child relationship presumed 
 17.21  under clause (d) of that subdivision; 
 17.22     (2) for the purpose of declaring the nonexistence of the 
 17.23  father and child relationship presumed under section 257.55, 
 17.24  subdivision 1, paragraph (e) or (g), only if the action is 
 17.25  brought within three years after the date of the execution of 
 17.26  the declaration or recognition of parentage; or 
 17.27     (3) for the purpose of declaring the nonexistence of the 
 17.28  father and child relationship presumed under section 257.55, 
 17.29  subdivision 1, paragraph (f), only if the action is brought 
 17.30  within three years after the party bringing the action, or the 
 17.31  party's attorney of record, has been provided the blood or 
 17.32  genetic test results. 
 17.33     Sec. 26.  Minnesota Statutes 1994, section 257.62, 
 17.34  subdivision 1, is amended to read: 
 17.35     Subdivision 1.  [BLOOD OR GENETIC TESTS REQUIRED.] The 
 17.36  court may, and upon request of a party shall, require the child, 
 18.1   mother, or alleged father to submit to blood or genetic tests.  
 18.2   A copy of the test results must be served on the parties as 
 18.3   provided in section 543.20.  Any objection to the results of 
 18.4   blood or genetic tests must be made in writing no later than 15 
 18.5   days prior to a hearing at which time those test results may be 
 18.6   introduced into evidence.  Test results served upon a party must 
 18.7   include notice of this right to object.  If the alleged father 
 18.8   is dead, the court may, and upon request of a party shall, 
 18.9   require the decedent's parents or brothers and sisters or both 
 18.10  to submit to blood or genetic tests.  However, in a case 
 18.11  involving these relatives of an alleged father, who is deceased, 
 18.12  the court may refuse to order blood or genetic tests if the 
 18.13  court makes an express finding that submitting to the tests 
 18.14  presents a danger to the health of one or more of these 
 18.15  relatives that outweighs the child's interest in having the 
 18.16  tests performed.  Unless the person gives consent to the use, 
 18.17  the results of any blood or genetic tests of the decedent's 
 18.18  parents, brothers, or sisters may be used only to establish the 
 18.19  right of the child to public assistance including but not 
 18.20  limited to social security and veterans' benefits.  The tests 
 18.21  shall be performed by a qualified expert appointed by the court. 
 18.22     Sec. 27.  Minnesota Statutes 1994, section 257.62, 
 18.23  subdivision 5, is amended to read: 
 18.24     Subd. 5.  [POSITIVE TEST RESULTS.] (a) If the results of 
 18.25  blood or genetic tests completed in a laboratory accredited by 
 18.26  the American Association of Blood Banks indicate that the 
 18.27  likelihood of the alleged father's paternity, calculated with a 
 18.28  prior probability of no more than 0.5 (50 percent), is 92 
 18.29  percent or greater, upon motion the court shall order the 
 18.30  alleged father to pay temporary child support determined 
 18.31  according to chapter 518.  The alleged father shall pay the 
 18.32  support money into court pursuant to the rules of civil 
 18.33  procedure to await the results of the paternity proceedings.  
 18.34     (b) If the results of blood or genetic tests completed in a 
 18.35  laboratory accredited by the American Association of Blood Banks 
 18.36  indicate that likelihood of the alleged father's paternity, 
 19.1   calculated with a prior probability of no more than 0.5 (50 
 19.2   percent), is 99 percent or greater, the alleged father is 
 19.3   presumed to be the parent and the party opposing the 
 19.4   establishment of the alleged father's paternity has the burden 
 19.5   of proving by clear and convincing evidence that the alleged 
 19.6   father is not the father of the child. 
 19.7      Sec. 28.  Minnesota Statutes 1994, section 257.62, 
 19.8   subdivision 6, is amended to read: 
 19.9      Subd. 6.  [TESTS, EVIDENCE ADMISSIBLE.] In any hearing 
 19.10  brought under subdivision 5, a certified report of the facts and 
 19.11  results of a laboratory analysis or examination of blood or 
 19.12  genetic tests, that is performed in a laboratory accredited to 
 19.13  meet the Standards for Parentage Testing of the American 
 19.14  Association of Blood Banks and is prepared and attested by a 
 19.15  qualified expert appointed by the court, shall be admissible in 
 19.16  evidence without proof of the seal, signature, or official 
 19.17  character of the person whose name is signed to it, unless a 
 19.18  demand is made by a party in a motion or responsive motion made 
 19.19  within the time limit for making and filing a responsive motion 
 19.20  that the matter be heard on oral testimony before the court.  If 
 19.21  no objection is made, the blood or genetic test results are 
 19.22  admissible as evidence without the need for foundation testimony 
 19.23  or other proof of authenticity or accuracy.  
 19.24     Sec. 29.  Minnesota Statutes 1994, section 257.64, 
 19.25  subdivision 3, is amended to read: 
 19.26     Subd. 3.  If a party refuses to accept a recommendation 
 19.27  made under subdivision 1 and blood or genetic tests have not 
 19.28  been taken, the court shall require the parties to submit to 
 19.29  blood or genetic tests, if practicable.  Any objection to blood 
 19.30  or genetic testing results must be made in writing no later than 
 19.31  15 days before any hearing at which time the results may be 
 19.32  introduced into evidence.  Test results served upon a party must 
 19.33  include a notice of this right to object.  Thereafter the court 
 19.34  shall make an appropriate final recommendation.  If a party 
 19.35  refuses to accept the final recommendation the action shall be 
 19.36  set for trial.  
 20.1      Sec. 30.  Minnesota Statutes 1994, section 257.69, 
 20.2   subdivision 1, is amended to read: 
 20.3      Subdivision 1.  [REPRESENTATION BY COUNSEL.] In all 
 20.4   proceedings under sections 257.51 to 257.74, any party may be 
 20.5   represented by counsel.  If the public authority charged by law 
 20.6   with support of a child is a party, The county attorney shall 
 20.7   represent the public authority.  If the child receives public 
 20.8   assistance and no conflict of interest exists, the county 
 20.9   attorney shall also represent the custodial parent.  If a 
 20.10  conflict of interest exists, the court shall appoint counsel for 
 20.11  the custodial parent at no cost to the parent.  If the child 
 20.12  does not receive public assistance, the county attorney may 
 20.13  represent the custodial parent at the parent's request.  The 
 20.14  court shall appoint counsel for a party who is unable to pay 
 20.15  timely for counsel in proceedings under sections 257.51 to 
 20.16  257.74. 
 20.17     Sec. 31.  Minnesota Statutes 1994, section 257.69, 
 20.18  subdivision 2, is amended to read: 
 20.19     Subd. 2.  [GUARDIAN; LEGAL FEES.] The court may order 
 20.20  expert witness and guardian ad litem fees and other costs of the 
 20.21  trial and pretrial proceedings, including appropriate tests, to 
 20.22  be paid by the parties in proportions and at times determined by 
 20.23  the court.  The court shall require a party to pay part of the 
 20.24  fees of court-appointed counsel according to the party's ability 
 20.25  to pay, but if counsel has been appointed the appropriate agency 
 20.26  shall pay the party's proportion of all other fees and costs.  
 20.27  The agency responsible for child support enforcement shall pay 
 20.28  the fees and costs for blood or genetic tests in a proceeding in 
 20.29  which it is a party, is the real party in interest, or is acting 
 20.30  on behalf of the child.  However, at the close of a proceeding 
 20.31  in which paternity has been established under sections 257.51 to 
 20.32  257.74, the court shall order the adjudicated father to 
 20.33  reimburse the public agency, if the court finds he has 
 20.34  sufficient resources to pay the costs of the blood or genetic 
 20.35  tests.  When a party bringing an action is represented by the 
 20.36  county attorney, no filing fee shall be paid to the court 
 21.1   administrator. 
 21.2      Sec. 32.  Minnesota Statutes 1994, section 518.171, 
 21.3   subdivision 1, is amended to read: 
 21.4      Subdivision 1.  [ORDER.] Compliance with this section 
 21.5   constitutes compliance with a qualified medical child support 
 21.6   order as described in the federal Employee Retirement Income 
 21.7   Security Act of 1974 (ERISA) as amended by the federal Omnibus 
 21.8   Budget Reconciliation Act of 1993 (OBRA).  
 21.9      (a) Every child support order must: 
 21.10     (1) expressly assign or reserve the responsibility for 
 21.11  maintaining medical insurance for the minor children and the 
 21.12  division of uninsured medical and dental costs; and 
 21.13     (2) contain the names and last known addresses, if any, of 
 21.14  the dependents unless the court prohibits the inclusion of an 
 21.15  address and orders the custodial parent to provide the address 
 21.16  to the administrator of the health plan.  The court shall order 
 21.17  the party with the better group dependent health and dental 
 21.18  insurance coverage or health insurance plan to name the minor 
 21.19  child as beneficiary on any health and dental insurance plan 
 21.20  that is available to the party on: 
 21.21     (i) a group basis; 
 21.22     (ii) through an employer or union; or 
 21.23     (iii) through a group health plan governed under the ERISA 
 21.24  and included within the definitions relating to health plans 
 21.25  found in section 62A.011, 62A.048, or 62E.06, subdivision 2.  
 21.26  "Health insurance" or "health insurance coverage" as used in 
 21.27  this section means coverage that is comparable to or better than 
 21.28  a number two qualified plan as defined in section 62E.06, 
 21.29  subdivision 2.  "Health insurance" or "health insurance 
 21.30  coverage" as used in this section does not include medical 
 21.31  assistance provided under chapter 256, 256B, or 256D. 
 21.32     (b) If the court finds that dependent health or dental 
 21.33  insurance is not available to the obligor or obligee on a group 
 21.34  basis or through an employer or union, or that group insurance 
 21.35  is not accessible to the obligee, the court may require the 
 21.36  obligor (1) to obtain other dependent health or dental 
 22.1   insurance, (2) to be liable for reasonable and necessary medical 
 22.2   or dental expenses of the child, or (3) to pay no less than $50 
 22.3   per month to be applied to the medical and dental expenses of 
 22.4   the children or to the cost of health insurance dependent 
 22.5   coverage. 
 22.6      (c) If the court finds that the available dependent health 
 22.7   or dental insurance does not pay all the reasonable and 
 22.8   necessary medical or dental expenses of the child, including any 
 22.9   existing or anticipated extraordinary medical expenses, and the 
 22.10  court finds that the obligor has the financial ability to 
 22.11  contribute to the payment of these medical or dental expenses, 
 22.12  the court shall require the obligor to be liable for all or a 
 22.13  portion of the medical or dental expenses of the child not 
 22.14  covered by the required health or dental plan.  Medical and 
 22.15  dental expenses include, but are not limited to, necessary 
 22.16  orthodontia and eye care, including prescription lenses. 
 22.17     (d) Unless otherwise agreed by the parties and approved by 
 22.18  the court, if the court finds that the obligee is not receiving 
 22.19  public assistance for the child and has the financial ability to 
 22.20  contribute to the cost of medical and dental expenses for the 
 22.21  child, including the cost of insurance, the court shall order 
 22.22  the obligee and obligor to each assume a portion of these 
 22.23  expenses based on their proportionate share of their total net 
 22.24  income as defined in section 518.54, subdivision 6. 
 22.25     (e) Payments ordered under this section are subject to 
 22.26  section 518.611.  An obligee who fails to apply payments 
 22.27  received to the medical expenses of the dependents may be found 
 22.28  in contempt of this order. 
 22.29     Sec. 33.  Minnesota Statutes 1994, section 518.171, 
 22.30  subdivision 3, is amended to read: 
 22.31     Subd. 3.  [IMPLEMENTATION.] A copy of the court order for 
 22.32  insurance coverage shall be forwarded to the obligor's employer 
 22.33  or union and to the health or dental insurance carrier by the 
 22.34  obligee or the public authority responsible for support 
 22.35  enforcement only when ordered by the court or when the following 
 22.36  conditions are met: 
 23.1      (1) the obligor fails to provide written proof to the 
 23.2   obligee or the public authority, within 30 days of the effective 
 23.3   date of the court order, that the insurance has been obtained or 
 23.4   that application for insurability has been made; 
 23.5      (2) the obligee or the public authority serves written 
 23.6   notice of its intent to enforce medical support on the obligor 
 23.7   by mail at the obligor's last known post office address; and 
 23.8      (3) the obligor fails within 15 days after the mailing of 
 23.9   the notice to provide written proof to the obligee or the public 
 23.10  authority that the insurance coverage existed as of the date of 
 23.11  mailing. 
 23.12     The employer or union shall forward a copy of the order to 
 23.13  the health and dental insurance plan offered by the employer. 
 23.14     Sec. 34.  Minnesota Statutes 1994, section 518.171, 
 23.15  subdivision 4, is amended to read: 
 23.16     Subd. 4.  [EFFECT OF ORDER.] (a) The order is binding on 
 23.17  the employer or union and the health and dental insurance plan 
 23.18  when service under subdivision 3 has been made.  An employer or 
 23.19  union that is included under ERISA may not deny enrollment based 
 23.20  on exclusionary clauses described in section 62A.048.  Upon 
 23.21  receipt of the order, or upon application of the obligor 
 23.22  pursuant to the order, the employer or union and its health and 
 23.23  dental insurance plan shall enroll the minor child as a 
 23.24  beneficiary in the group insurance plan and withhold any 
 23.25  required premium from the obligor's income or wages.  If more 
 23.26  than one plan is offered by the employer or union, the child 
 23.27  shall be enrolled in the insurance plan in which the obligor is 
 23.28  enrolled or the least costly health insurance plan otherwise 
 23.29  available to the obligor that is comparable to a number two 
 23.30  qualified plan.  If the obligor is not enrolled in a health 
 23.31  insurance plan, the employer or union shall also enroll the 
 23.32  obligor in the chosen plan if enrollment of the obligor is 
 23.33  necessary in order to obtain dependent coverage under the plan.  
 23.34  Enrollment of dependents and the obligor shall be immediate and 
 23.35  not dependent upon open enrollment periods.  Enrollment is not 
 23.36  subject to the underwriting policies described in section 
 24.1   62A.048.  
 24.2      (b) An employer or union that willfully fails to comply 
 24.3   with the order is liable for any health or dental expenses 
 24.4   incurred by the dependents during the period of time the 
 24.5   dependents were eligible to be enrolled in the insurance 
 24.6   program, and for any other premium costs incurred because the 
 24.7   employer or union willfully failed to comply with the order.  An 
 24.8   employer or union that fails to comply with the order is subject 
 24.9   to contempt under section 518.615 and is also subject to a fine 
 24.10  of $500 to be paid to the obligee or public authority.  Fines 
 24.11  paid to the public authority are designated for child support 
 24.12  enforcement services. 
 24.13     (c) Failure of the obligor to execute any documents 
 24.14  necessary to enroll the dependent in the group health and dental 
 24.15  insurance plan will not affect the obligation of the employer or 
 24.16  union and group health and dental insurance plan to enroll the 
 24.17  dependent in a plan for which other eligibility requirements are 
 24.18  met.  Information and authorization provided by the public 
 24.19  authority responsible for child support enforcement, or by the 
 24.20  custodial parent or guardian, is valid for the purposes of 
 24.21  meeting enrollment requirements of the health plan.  The 
 24.22  insurance coverage for a child eligible under subdivision 5 
 24.23  shall not be terminated except as authorized in subdivision 5. 
 24.24     Sec. 35.  Minnesota Statutes 1994, section 518.171, 
 24.25  subdivision 5, is amended to read: 
 24.26     Subd. 5.  [ELIGIBLE CHILD.] A minor child that an obligor 
 24.27  is required to cover as a beneficiary pursuant to this section 
 24.28  is eligible for insurance coverage as a dependent of the obligor 
 24.29  until the child is emancipated or until further order of the 
 24.30  court.  The health or dental insurance carrier may not disenroll 
 24.31  or eliminate coverage of the child unless the health or dental 
 24.32  insurance carrier is provided satisfactory written evidence that 
 24.33  the court order is no longer in effect, or the child is or will 
 24.34  be enrolled in comparable health coverage through another health 
 24.35  or dental insurance plan that will take effect no later than the 
 24.36  effective date of the disenrollment, or the employer has 
 25.1   eliminated family health and dental coverage for all of its 
 25.2   employees.  
 25.3      Sec. 36.  Minnesota Statutes 1994, section 518.171, 
 25.4   subdivision 7, is amended to read: 
 25.5      Subd. 7.  [RELEASE OF INFORMATION.] When an order for 
 25.6   dependent insurance coverage is in effect, the obligor's 
 25.7   employer, union, or insurance agent shall release to the obligee 
 25.8   or the public authority, upon request, information on the 
 25.9   dependent coverage, including the name of the insurer health or 
 25.10  dental insurance carrier.  The employer, union, health or dental 
 25.11  insurance plan, or insurance agent shall provide the obligee 
 25.12  with insurance identification cards and all necessary written 
 25.13  information to enable the obligee to utilize the insurance 
 25.14  benefits for the covered dependents.  Notwithstanding any other 
 25.15  law, information reported pursuant to section 268.121 shall be 
 25.16  released to the public agency responsible for support 
 25.17  enforcement that is enforcing an order for medical health or 
 25.18  dental insurance coverage under this section.  The public agency 
 25.19  responsible for support enforcement is authorized to release to 
 25.20  the obligor's insurer health or dental insurance carrier or 
 25.21  employer information necessary to obtain or enforce medical 
 25.22  support. 
 25.23     Sec. 37.  Minnesota Statutes 1994, section 518.171, 
 25.24  subdivision 8, is amended to read: 
 25.25     Subd. 8.  [OBLIGOR LIABILITY.] (a) An obligor who fails to 
 25.26  maintain medical or dental insurance for the benefit of the 
 25.27  children as ordered or fails to provide other medical support as 
 25.28  ordered is liable to the obligee for any medical or dental 
 25.29  expenses incurred from the effective date of the court order, 
 25.30  including health and dental insurance premiums paid by the 
 25.31  obligee because of the obligor's failure to obtain coverage as 
 25.32  ordered.  Proof of failure to maintain insurance or 
 25.33  noncompliance with an order to provide other medical support 
 25.34  constitutes a showing of increased need by the obligee pursuant 
 25.35  to section 518.64 and provides a basis for a modification of the 
 25.36  obligor's child support order. 
 26.1      (b) Payments for services rendered to the dependents that 
 26.2   are directed to the obligor, in the form of reimbursement by the 
 26.3   insurer health or dental insurance carrier, must be endorsed 
 26.4   over to and forwarded to the vendor or custodial parent or 
 26.5   public authority when the reimbursement is not owed to the 
 26.6   obligor.  An obligor retaining insurance reimbursement not owed 
 26.7   to the obligor may be found in contempt of this order and held 
 26.8   liable for the amount of the reimbursement.  Upon written 
 26.9   verification by the insurer health or dental insurance carrier 
 26.10  of the amounts paid to the obligor, the reimbursement amount is 
 26.11  subject to all enforcement remedies available under subdivision 
 26.12  10, including income withholding pursuant to section 518.611.  
 26.13  The monthly amount to be withheld until the obligation is 
 26.14  satisfied is 20 percent of the original debt or $50, whichever 
 26.15  is greater. 
 26.16     Sec. 38.  Minnesota Statutes 1994, section 518.611, 
 26.17  subdivision 2, is amended to read: 
 26.18     Subd. 2.  [CONDITIONS OF INCOME WITHHOLDING.] (a) 
 26.19  Withholding shall result when:  
 26.20     (1) the obligor requests it in writing to the public 
 26.21  authority; 
 26.22     (2) the custodial parent requests it by making a motion to 
 26.23  the court and the court finds that previous support has not been 
 26.24  paid on a timely or consistent basis or that the obligor has 
 26.25  threatened expressly or otherwise to stop or reduce payments; or 
 26.26     (3) the obligor fails to make the maintenance or support 
 26.27  payments, and the following conditions are met:  
 26.28     (i) the obligor is at least 30 days in arrears; 
 26.29     (ii) the obligee or the public authority serves written 
 26.30  notice of income withholding, showing arrearage, on the obligor 
 26.31  at least 15 days before service of the notice of income 
 26.32  withholding and a copy of the court's order on the payor of 
 26.33  funds; 
 26.34     (iii) within the 15-day period, the obligor fails to move 
 26.35  the court to deny withholding on the grounds that an arrearage 
 26.36  of at least 30 days does not exist as of the date of the notice 
 27.1   of income withholding, or on other grounds limited to mistakes 
 27.2   of fact, and, ex parte, to stay service on the payor of funds 
 27.3   until the motion to deny withholding is heard; 
 27.4      (iv) the obligee or the public authority serves a copy of 
 27.5   the notice of income withholding, a copy of the court's order or 
 27.6   notice of order, and the provisions of this section on the payor 
 27.7   of funds; and 
 27.8      (v) the obligee serves on the public authority a copy of 
 27.9   the notice of income withholding, a copy of the court's order, 
 27.10  an application, and the fee to use the public authority's 
 27.11  collection services.  
 27.12  For those persons not applying for the public authority's IV-D 
 27.13  services, a monthly service fee of $15 must be charged to the 
 27.14  obligor in addition to the amount of child support ordered by 
 27.15  the court and withheld through automatic income withholding, or 
 27.16  for persons applying for the public authority's IV-D services, 
 27.17  the service fee under section 518.551, subdivision 7, applies.  
 27.18  The county agency shall explain to affected persons the services 
 27.19  available and encourage the applicant to apply for IV-D services.
 27.20     (b) To pay the arrearage specified in the notice of income 
 27.21  withholding, the employer or payor of funds shall withhold from 
 27.22  the obligor's income an additional amount equal to 20 percent of 
 27.23  the monthly child support or maintenance obligation until the 
 27.24  arrearage is paid. 
 27.25     (c) The obligor may move the court, under section 518.64, 
 27.26  to modify the order respecting the amount of maintenance or 
 27.27  support. 
 27.28     (d) Every order for support or maintenance shall provide 
 27.29  for a conspicuous notice of the provisions of this subdivision 
 27.30  that complies with section 518.68, subdivision 2.  An order 
 27.31  without this notice remains subject to this subdivision. 
 27.32     (e) Absent a court order to the contrary, if an arrearage 
 27.33  exists at the time an order for ongoing support or maintenance 
 27.34  would otherwise terminate, income withholding shall continue in 
 27.35  effect in an amount equal to the former support or maintenance 
 27.36  obligation plus an additional amount equal to 20 percent of the 
 28.1   monthly child support obligation, until all arrears have been 
 28.2   paid in full. 
 28.3      Sec. 39.  Minnesota Statutes 1994, section 518.611, 
 28.4   subdivision 4, is amended to read: 
 28.5      Subd. 4.  [EFFECT OF ORDER.] (a) Notwithstanding any law to 
 28.6   the contrary, the order is binding on the employer, trustee, 
 28.7   payor of the funds, or financial institution when service under 
 28.8   subdivision 2 has been made.  Withholding must begin no later 
 28.9   than the first pay period that occurs after 14 days following 
 28.10  the date of the notice.  In the case of a financial institution, 
 28.11  preauthorized transfers must occur in accordance with a 
 28.12  court-ordered payment schedule.  An employer, payor of funds, or 
 28.13  financial institution in this state is required to withhold 
 28.14  income according to court orders for withholding issued by other 
 28.15  states or territories.  The payor shall withhold from the income 
 28.16  payable to the obligor the amount specified in the order and 
 28.17  amounts required under subdivision 2 and section 518.613 and 
 28.18  shall remit, within ten days of the date the obligor is paid the 
 28.19  remainder of the income, the amounts withheld to the public 
 28.20  authority.  The payor shall identify on the remittance 
 28.21  information the date the obligor is paid the remainder of the 
 28.22  income.  The obligor is considered to have paid the amount 
 28.23  withheld as of the date the obligor received the remainder of 
 28.24  the income.  The financial institution shall execute 
 28.25  preauthorized transfers from the deposit accounts of the obligor 
 28.26  in the amount specified in the order and amounts required under 
 28.27  subdivision 2 as directed by the public authority responsible 
 28.28  for child support enforcement.  
 28.29     (b) Employers may combine all amounts withheld from one pay 
 28.30  period into one payment to each public authority, but shall 
 28.31  separately identify each obligor making payment.  Amounts 
 28.32  received by the public authority which are in excess of public 
 28.33  assistance expended for the party or for a child shall be 
 28.34  remitted to the party.  
 28.35     (c) An employer shall not discharge, or refuse to hire, or 
 28.36  otherwise discipline an employee as a result of a wage or salary 
 29.1   withholding authorized by this section.  The employer or other 
 29.2   payor of funds shall be liable to the obligee for any amounts 
 29.3   required to be withheld.  A financial institution is liable to 
 29.4   the obligee if funds in any of the obligor's deposit accounts 
 29.5   identified in the court order equal the amount stated in the 
 29.6   preauthorization agreement but are not transferred by the 
 29.7   financial institution in accordance with the agreement.  An 
 29.8   employer or other payor of funds that fails to withhold or 
 29.9   transfer funds in accordance with this section is also liable to 
 29.10  the obligee for interest on the funds at the rate applicable to 
 29.11  judgments under section 549.09, computed from the date the funds 
 29.12  were required to be withheld or transferred.  An employer or 
 29.13  other payor of funds is liable for reasonable attorney fees of 
 29.14  the obligee or public authority incurred in enforcing the 
 29.15  liability under this paragraph.  An employer or other payor of 
 29.16  funds that has failed to comply with the requirements of this 
 29.17  section is subject to contempt sanctions under section 518.615.  
 29.18  If an employer violates this subdivision, a court may award the 
 29.19  employee twice the wages lost as a result of this violation.  If 
 29.20  a court finds the employer violates this subdivision, the court 
 29.21  shall impose a civil fine of not less than $500.  
 29.22     Sec. 40.  Minnesota Statutes 1994, section 518.613, 
 29.23  subdivision 7, is amended to read: 
 29.24     Subd. 7.  [WAIVER.] (a) The court may waive the 
 29.25  requirements of this section if the court finds that there is no 
 29.26  arrearage in child support or maintenance as of the date of the 
 29.27  hearing, that it would not be contrary to the best interests of 
 29.28  the child, and:  (1) one party demonstrates and the court finds 
 29.29  that there is good cause to waive the requirements of this 
 29.30  section or to terminate automatic income withholding on an order 
 29.31  previously entered under this section; or (2) all parties reach 
 29.32  a written agreement that provides for an alternative payment 
 29.33  arrangement and the agreement is approved by the court after a 
 29.34  finding that the agreement is likely to result in regular and 
 29.35  timely payments.  The court's findings waiving the requirements 
 29.36  of this section must include a written explanation of the 
 30.1   reasons why automatic withholding would not be in the best 
 30.2   interests of the child and, in a case that involves modification 
 30.3   of support, that past support has been timely made.  If the 
 30.4   court waives the requirements of this section: 
 30.5      (1) in all cases where the obligor is at least 30 days in 
 30.6   arrears, withholding must be carried out pursuant to section 
 30.7   518.611; 
 30.8      (2) the obligee may at any time and without cause request 
 30.9   the court to issue an order for automatic income withholding 
 30.10  under this section; and 
 30.11     (3) the obligor may at any time request the public 
 30.12  authority to begin withholding pursuant to this section, by 
 30.13  serving upon the public authority the request and a copy of the 
 30.14  order for child support or maintenance.  Upon receipt of the 
 30.15  request, the public authority shall serve a copy of the court's 
 30.16  order and the provisions of section 518.611 and this section on 
 30.17  the obligor's employer or other payor of funds.  The public 
 30.18  authority shall notify the court that withholding has begun at 
 30.19  the request of the obligor pursuant to this clause. 
 30.20     (b) For purposes of this subdivision, "parties" includes 
 30.21  the public authority in cases when it is a party pursuant to 
 30.22  section 518.551, subdivision 9. 
 30.23     Sec. 41.  Minnesota Statutes 1994, section 518.615, 
 30.24  subdivision 3, is amended to read: 
 30.25     Subd. 3.  [LIABILITY.] The employer, trustee, or payor of 
 30.26  funds is liable to the obligee or the agency responsible for 
 30.27  child support enforcement for any amounts required to be 
 30.28  withheld that were not paid.  The court may enter judgment 
 30.29  against the employer, trustee, or payor of funds for support not 
 30.30  withheld or remitted.  An employer, trustee, or payor of funds 
 30.31  found guilty of contempt shall be punished by a fine of not more 
 30.32  than $250 as provided in chapter 588.  The court may also impose 
 30.33  other contempt sanctions authorized under chapter 588.  
 30.34     Sec. 42.  [RAMSEY COUNTY ELECTRONIC BENEFIT SERVICE.] 
 30.35     Notwithstanding the requirements for state contracts 
 30.36  contained in Minnesota Statutes, chapter 16B, or Laws 1993, 
 31.1   First Special Session chapter 1, article 1, section 2, 
 31.2   subdivision 5, or any other law to the contrary, the 
 31.3   commissioner, under terms and conditions approved by the 
 31.4   attorney general, may accept assignment from Ramsey county of 
 31.5   any existing contract, license agreement, or similar 
 31.6   transactional document related to the Ramsey county electronic 
 31.7   benefit system.  The term of any contract, agreement, or other 
 31.8   document assigned to the state, including the agreement arising 
 31.9   from the Ramsey county electronic benefit services pilot 
 31.10  project, may not extend beyond June 30, 1997, and the 
 31.11  commissioner must publish a request for proposals for succeeding 
 31.12  electronic benefits services, including services required for 
 31.13  statewide expansion in the State Register before January 1, 1996.
 31.14     Sec. 43.  [REPEALER.] 
 31.15     Minnesota Statutes 1994, sections 62C.141; 62C.143; 
 31.16  62D.106; and 62E.04, subdivisions 9 and 10, are repealed.  
 31.17     Sec. 44.  [EFFECTIVE DATE.] 
 31.18     Sections 31 to 36 (257.69, subdivision 2; 518.171, 
 31.19  subdivisions 1, 3, 4, 5, and 7) are effective retroactive to 
 31.20  August 10, 1993.