Minnesota Legislature
SF 1257
4th Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/18/2022 09:15am
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A bill for an act
relating to human services; exempting certain licensed individuals from background
studies under chapter 245C; appropriating money; amending Minnesota Statutes
2020, sections 144.057, subdivision 1; 245C.31, subdivisions 1, 2, by adding
subdivisions; Minnesota Statutes 2021 Supplement, section 245C.03, subdivision
5a; Laws 2020, First Special Session chapter 7, section 1, subdivision 5, as added.
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; deleted text begin and
deleted text end
(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) license applicants, owners, managerial officials, and controlling individuals who are
required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a
background study under chapter 245C, regardless of the licensure status of the license
applicant, owner, managerial official, or controlling individual.
new text end
new text begin
(b) The commissioner of human services shall not conduct a background study on any
individual identified in paragraph (a), clauses (1) to (5), 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. An entity that
is affiliated with individuals who meet the requirements of this paragraph must separate
those individuals from the entity's roster for NETStudy 2.0.
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; deleted text begin and
deleted text end
(5) controlling persons of a supplemental nursing services agency, as defined by section
144A.70deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) license applicants, owners, managerial officials, and controlling individuals who are
required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a
background study under this chapter, regardless of the licensure status of the license applicant,
owner, managerial official, or controlling individual.
new text end
(b) new text begin The commissioner of human services shall not conduct a background study on any
individual identified in paragraph (a), clauses (1) to (5), 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. An entity that
is affiliated with individuals who meet the requirements of this paragraph must separate
those individuals from the entity's roster for NETStudy 2.0.
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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
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 notify 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 and who is included on the board's roster list provided in
accordance with subdivision 3a is responsible for substantiated maltreatment under section
626.557 or chapter 260E, in accordance with subdivision 2. Upon receiving notification,
the health-related licensing board shall make a determination as to 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective February 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2020, section 245C.31, subdivision 2, is amended to read:
Subd. 2.
Commissioner's notice to board.
deleted text begin (a)deleted text end 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.
deleted text begin
(b) The commissioner's notice to the health-related licensing board shall indicate whether
deleted text end
deleted text begin
the commissioner would have disqualified the individual for the substantiated maltreatment
deleted text end
deleted text begin
if the individual were not regulated by the board.
deleted text end
deleted text begin
(c) The commissioner shall concurrently send the notice under this subdivision to the
deleted text end
deleted text begin
individual who is the subject of the
deleted text end
deleted text begin
background study
deleted text end
deleted text begin
.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective February 1, 2023.
new 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 Agreements with health-related licensing boards. new text end
new text begin
The commissioner and
each health-related licensing board shall enter into an agreement in order for each board to
provide the commissioner with a daily roster list of individuals who have a license issued
by the board in active status. The list must include for each licensed individual the individual's
name, aliases, date of birth, and license number; the date the license was issued; the status
of the license; and the last four digits of the individual's Social Security number.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 6.
Minnesota Statutes 2020, section 245C.31, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Maltreatment study; fees. new text end
new text begin
(a) The administrative service unit for the
health-related licensing boards shall apportion between the health-related licensing boards
that are required to submit a daily roster list in accordance with subdivision 3a an amount
to be paid through an additional fee collected by each board in accordance with paragraph
(b). The amount apportioned to each health-related licensing board shall equal the board's
share of the annual appropriation from the state government special revenue fund to the
commissioner of human services to conduct the maltreatment studies on licensees who are
listed on the daily roster lists and to comply with the notification requirement under
subdivision 2. Each board's apportioned share shall be based on the number of licensees
that each health-related licensing board licenses as a percentage of the total number of
licensees licensed collectively by all health-related licensing boards.
new text end
new text begin
(b) Each health-related licensing board may collect an additional fee from a licensee at
the time the initial license fee is collected to compensate for the amount apportioned to each
board by the administrative services unit. If an additional fee is collected by the health-related
licensing board under this paragraph, the fee shall be deposited in the state government
special revenue fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 7.
Laws 2020, First Special Session chapter 7, section 1, subdivision 5, as added by
Laws 2021, First Special Session chapter 7, article 2, section 73, is amended to read:
Subd. 5.
Waivers and modifications; extension for 365 days.
When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, waiver CV23: modifying background
study requirements, issued by the commissioner of human services pursuant to Executive
Orders 20-11 and 20-12, including any amendments to the modification issued before the
peacetime emergency expires, shall remain in effect deleted text begin for 365 days after the peacetime
emergency endsdeleted text end new text begin until September 1, 2022new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8. new text begin APPROPRIATION.
new text end
new text begin
$522,000 in fiscal year 2023 is appropriated from the state government special revenue
fund to the commissioner of human services to implement provisions to eliminate duplicative
background studies. The state government special revenue fund base for this appropriation
is $334,000 in fiscal year 2024, $574,000 in fiscal year 2025, $170,000 in fiscal year 2026,
and $170,000 in fiscal year 2027.
new text end