Minnesota Legislature
SF 1257
2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/16/2022 11:22am
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A bill for an act
relating to human services; exempting certain licensed individuals from background
studies under chapter 245C; amending Minnesota Statutes 2020, sections 144.057,
subdivision 1; 245C.31, subdivisions 1, 2, by adding a subdivision; Minnesota
Statutes 2021 Supplement, section 245C.03, subdivision 5a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 144.057, subdivision 1, is amended to read:
Subdivision 1.
Background studies required.
new text begin (a) Except as specified in paragraph (b),
new text end the commissioner of health shall contract with the commissioner of human services to
conduct background studies of:
(1) individuals providing services that have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; assisted living facilities and assisted living
facilities with dementia care licensed under chapter 144G; and board and lodging
establishments that are registered to provide supportive or health supervision services under
section 157.17;
(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A; an assisted
living facility or assisted living facility with dementia care licensed under chapter 144G;
or a boarding care home licensed under sections 144.50 to 144.58. If the individual under
study resides outside Minnesota, the study must include a check for substantiated findings
of maltreatment of adults and children in the individual's state of residence when the
information is made available by that state, and must include a check of the National Crime
Information Center database;
(3) all other employees in assisted living facilities or assisted living facilities with
dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A,
and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of
an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access
to a client or the client's personal property without continuous, direct supervision as defined
in section 245C.02, subdivision 8, when the employee's employment responsibilities do not
include providing direct contact services;
(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; and
(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70.
new text begin
(b) The commissioner of human services is not required to conduct a background study
on any individual identified in paragraph (a) if the individual has a valid license issued by
a health-related licensing board as defined in section 214.01, subdivision 2, and has completed
the criminal background check as required in section 214.075, unless the commissioner of
human services has reasonable cause as defined in section 245C.02, subdivision 15, to
conduct a background study.
new text end
new text begin (c) new text end If a facility or program is licensed by the Department of Human Services and subject
to the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2021 Supplement, section 245C.03, subdivision 5a, is amended
to read:
Subd. 5a.
Facilities serving children or adults licensed or regulated by the
Department of Health.
(a) new text begin Except as specified in paragraph (b), new text end the commissioner shall
conduct background studies of:
(1) individuals providing services who have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; assisted living facilities and assisted living
facilities with dementia care licensed under chapter 144G; and board and lodging
establishments that are registered to provide supportive or health supervision services under
section 157.17;
(2) individuals specified in subdivision 2 who provide direct contact services in a nursing
home or a home care agency licensed under chapter 144A; an assisted living facility or
assisted living facility with dementia care licensed under chapter 144G; or a boarding care
home licensed under sections 144.50 to 144.58. If the individual undergoing a study resides
outside of Minnesota, the study must include a check for substantiated findings of
maltreatment of adults and children in the individual's state of residence when the state
makes the information available;
(3) all other employees in assisted living facilities or assisted living facilities with
dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A,
and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of
an individual in this section shall disqualify the individual from positions allowing direct
contact with or access to patients or residents receiving services. "Access" means physical
access to a client or the client's personal property without continuous, direct supervision as
defined in section 245C.02, subdivision 8, when the employee's employment responsibilities
do not include providing direct contact services;
(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; and
(5) controlling persons of a supplemental nursing services agency, as defined by section
144A.70.
(b) new text begin The commissioner of human services is not required to conduct a background study
on any individual identified in paragraph (a) if the individual has a valid license issued by
a health-related licensing board as defined in section 214.01, subdivision 2, and has completed
the criminal background check as required in section 214.075, unless the commissioner of
human services has reasonable cause as defined in section 245C.02, subdivision 15, to
conduct a background study.
new text end
new text begin (c) new text end If a facility or program is licensed by the Department of Human Services and the
Department of Health and is subject to the background study provisions of this chapter, the
Department of Human Services is solely responsible for the background studies of individuals
in the jointly licensed program.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner of health shall review and make decisions regarding
reconsideration requests, including whether to grant variances, according to the procedures
and criteria in this chapter. The commissioner of health shall inform the requesting individual
and the Department of Human Services of the commissioner of health's decision regarding
the reconsideration. The commissioner of health's decision to grant or deny a reconsideration
of a disqualification is a final administrative agency action.
Sec. 3.
Minnesota Statutes 2020, section 245C.31, subdivision 1, is amended to read:
Subdivision 1.
Board determines disciplinary or corrective action.
(a) deleted text begin When the
subject of a background study is regulated by a health-related licensing board as defined in
chapter deleted text end deleted text begin 214deleted text end deleted text begin , and the commissioner determines that the regulated individual is responsible
for substantiated maltreatment under section 626.557 or chapter deleted text end deleted text begin 260Edeleted text end deleted text begin , instead of the
commissioner making a decision regarding disqualification, the board shall make a
determination whether to impose disciplinary or corrective action under chapter deleted text end deleted text begin 214deleted text end new text begin The
commissioner shall inform a health-related licensing board as defined in section 214.01,
subdivision 2, if the commissioner determines that an individual who is licensed by the
health-related licensing board is responsible for substantiated maltreatment under section
626.557 or chapter 260F. The commissioner shall notify the health-related licensing board
in accordance with subdivision 2. The health-related licensing board shall make a
determination whether to impose disciplinary or corrective action under chapter 214new text end .
(b) This section does not apply to a background study of an individual regulated by a
health-related licensing board if the individual's study is related to child foster care, adult
foster care, or family child care licensure.
Sec. 4.
Minnesota Statutes 2020, section 245C.31, subdivision 2, is amended to read:
Subd. 2.
Commissioner's notice to board.
(a) The commissioner shall notify deleted text begin thedeleted text end new text begin anew text end
health-related licensing board:
(1) deleted text begin upon completion of a background study that producesdeleted text end new text begin ofnew text end a record showing that the
individual new text begin licensed by the board new text end was determined to have been responsible for substantiated
maltreatment;
(2) upon the commissioner's completion of an investigation that determined deleted text begin thedeleted text end new text begin annew text end
individual new text begin licensed by the board new text end was responsible for substantiated maltreatment; or
(3) upon receipt from another agency of a finding of substantiated maltreatment for
which deleted text begin thedeleted text end new text begin annew text end individual new text begin licensed by the board new text end was responsible.
(b) The commissioner's notice to the health-related licensing board shall indicate whether
the commissioner would have disqualified the individual for the substantiated maltreatment
if the individual were not regulated by the board.
(c) The commissioner shall concurrently send the notice under this subdivision to the
individual who is the subject of the deleted text begin background studydeleted text end new text begin notificationnew text end .
Sec. 5.
Minnesota Statutes 2020, section 245C.31, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Data sharing agreements with health-related licensing boards. new text end
new text begin
The
commissioner and each health-related licensing board shall enter into a data sharing
agreement in order for each board to provide the commissioner with a quarterly roster list
of individuals licensed by the board. The list must include for each licensed individual the
individual's name, license number, and the status of the individual's license.
new text end