SF 1288

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:45am

A bill for an act
relating to human services; modifying human services agency provisions;
modifying agency hearing and appeals provisions; creating the Disparities
Reduction Advisory Council; amending Minnesota Statutes 2010, sections
256.045, subdivisions 3, 4; 256.0451, subdivision 5; proposing coding for new
law in Minnesota Statutes, chapter 256.

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

ARTICLE 1

AGENCY HEARINGS AND APPEALS

Section 1.

Minnesota Statutes 2010, section 256.045, subdivision 3, is amended to read:

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the
following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or
the federal Food Stamp Act whose application for assistance is denied, not acted upon
with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
claimed to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by
a lead agency to have maltreated a vulnerable adult under section 626.557 after they have
exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship
waiver under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined
to have maltreated a minor under section 626.556, after the individual or facility has
exercised the right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under
sections 245C.14 and 245C.15, following a reconsideration decision issued under section
245C.23, on the basis of serious or recurring maltreatment; a preponderance of the
evidence that the individual has committed an act or acts that meet the definition of any of
the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports
required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings
regarding a maltreatment determination under clause (4) or (9) and a disqualification under
this clause in which the basis for a disqualification is serious or recurring maltreatment,
shall be consolidated into a single fair hearing. In such cases, the scope of review by
the human services referee shall include both the maltreatment determination and the
disqualification. The failure to exercise the right to an administrative reconsideration shall
not be a bar to a hearing under this section if federal law provides an individual the right to
a hearing to dispute a finding of maltreatment deleted text begin . Individuals and organizations specified in
this section may contest the specified action, decision, or final disposition before the state
agency by submitting a written request for a hearing to the state agency within 30 days
after receiving written notice of the action, decision, or final disposition, or within 90 days
of such written notice if the applicant, recipient, patient, or relative shows good cause why
the request was not submitted within the 30-day time limit deleted text end ; or

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A
against the debt.

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
(10), is the only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section 13.04.
Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
contested case proceeding under the provisions of chapter 14. Hearings requested under
paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
July 1, 1997. A hearing for an individual or facility under paragraph (a), deleted text begin clause deleted text end new text begin clauses
(4), new text end (9), new text begin and (10), new text end is only available when there is no deleted text begin juvenile court or adult criminal deleted text end new text begin district
court new text end action pending. If such action is filed in deleted text begin either deleted text end new text begin district new text end court while an administrative
review is pending, the administrative review must be suspended until the judicial actions
are completed. If the juvenile court action or criminal charge is dismissed or the criminal
action overturned, the matter may be considered in an administrative hearing.

new text begin (c) For an individual under paragraph (a), clauses (4), (9), and (10), who is
determined to have committed maltreatment of a vulnerable adult or a minor child based
on a conviction of, an admission to, or an Alford plea to:
new text end

new text begin (1) any of the crimes listed in sections 245C.15, subdivisions 1 to 4; and 626.556,
subdivision 2;
new text end

new text begin (2) any of the crimes listed under section 626.5572, subdivision 2, paragraph (a);
new text end

new text begin (3) financial exploitation of a vulnerable adult under section 609.2335; or
new text end

new text begin (4) any acts constituting financial exploitation as defined in section 626.5572,
subdivision 9,
new text end

new text begin or for any individual under paragraph (a), clause (10), who is disqualified based on a
judicial determination, the reconsideration decision is the final agency action for purposes
of appeal by the individual and is not subject to a hearing under this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end For purposes of this section, bargaining unit grievance procedures are not
an administrative appeal.

deleted text begin (d) deleted text end new text begin (e) new text end The scope of hearings involving claims to foster care payments under
paragraph (a), clause (5), shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement agreement
and, if so, the correct amount of foster care payment to be made on the child's behalf and
shall not include review of the propriety of the county's child protection determination or
child placement decision.

deleted text begin (e) deleted text end new text begin (f) new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a party and
may not request a hearing under this section, except if assisting a recipient as provided in
subdivision 4.

deleted text begin (f) deleted text end new text begin (g) new text end An applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is eligible
for under state law.

deleted text begin (g) deleted text end new text begin (h) new text end The commissioner may summarily affirm the county or state agency's
proposed action without a hearing when the sole issue is an automatic change due to
a change in state or federal law.

new text begin (i) Unless federal or Minnesota law specifies a different time frame in which to file
an appeal, individuals and organizations specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written
request for a hearing to the state agency within 30 days after receiving written notice of
the action, decision, or final disposition, or within 90 days of the written notice if the
applicant, recipient, patient, or a responsible party shows good cause why the request was
not submitted within the 30-day time limit.
new text end

Sec. 2.

Minnesota Statutes 2010, section 256.045, subdivision 4, is amended to read:

Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a,
3b, or 4a shall be conducted according to the provisions of the federal Social Security
Act and the regulations implemented in accordance with that act to enable this state to
qualify for federal grants-in-aid, and according to the rules and written policies of the
commissioner of human services. County agencies shall install equipment necessary to
conduct telephone hearings. A state human services referee may schedule a telephone
conference hearing when the distance or time required to travel to the county agency
offices will cause a delay in the issuance of an order, or to promote efficiency, or at the
mutual request of the parties. Hearings may be conducted by telephone conferences unless
the applicant, recipient, former recipient, person, or facility contesting maltreatment
objects. new text begin Human services judges shall have sole discretion to grant a request for a hearing
in person by holding the hearing by interactive video technology. new text end The hearing shall not
be held earlier than five days after filing of the required notice with the county or state
agency. The state human services referee shall notify all interested persons of the time,
date, and location of the hearing at least five days before the date of the hearing. Interested
persons may be represented by legal counsel or other representative of their choice,
including a provider of therapy services, at the hearing and may appear personally, testify
and offer evidence, and examine and cross-examine witnesses. The applicant, recipient,
former recipient, person, or facility contesting maltreatment shall have the opportunity
to examine the contents of the case file and all documents and records to be used by the
county or state agency at the hearing at a reasonable time before the date of the hearing
and during the hearing. In hearings under subdivision 3, paragraph (a), clauses (4), (8),
and (9), either party may subpoena the private data relating to the investigation prepared
by the agency under section 626.556 or 626.557 that is not otherwise accessible under
section 13.04, provided the identity of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3,
paragraph (a), clause (4), (8), or (9), must be subject to a protective order which prohibits
its disclosure for any other purpose outside the hearing provided for in this section without
prior order of the district court. Disclosure without court order is punishable by a sentence
of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
restrictions on the use of private data do not prohibit access to the data under section 13.03,
subdivision 6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (8),
and (9), upon request, the county agency shall provide reimbursement for transportation,
child care, photocopying, medical assessment, witness fee, and other necessary and
reasonable costs incurred by the applicant, recipient, or former recipient in connection with
the appeal. All evidence, except that privileged by law, commonly accepted by reasonable
people in the conduct of their affairs as having probative value with respect to the issues
shall be submitted at the hearing and such hearing shall not be "a contested case" within
the meaning of section 14.02, subdivision 3. The agency must present its evidence prior to
or at the hearing, and may not submit evidence after the hearing except by agreement of
the parties at the hearing, provided the petitioner has the opportunity to respond.

(c) In hearings under subdivision 3, paragraph (a), clauses (4), (8), and (9), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings
may be consolidated into a single fair hearing upon the consent of all parties and the state
human services referee.

Sec. 3.

Minnesota Statutes 2010, section 256.0451, subdivision 5, is amended to read:

Subd. 5.

Prehearing conferences.

(a) The deleted text begin appeals referee deleted text end new text begin human services judge new text end
prior to a fair hearing appeal may hold a prehearing conference to further the interests
of justice or efficiency and must include the person involved in the appeal. A person
involved in a fair hearing appeal or the agency may request a prehearing conference. The
prehearing conference may be conducted by telephone, in person, or in writing. The
prehearing conference may address the following:

(1) disputes regarding access to files, evidence, subpoenas, or testimony;

(2) the time required for the hearing or any need for expedited procedures or decision;

(3) identification or clarification of legal or other issues that may arise at the hearing;

(4) identification of and possible agreement to factual issues; and

(5) scheduling and any other matter which will aid in the proper and fair functioning
of the hearing.

(b) The deleted text begin appeals referee deleted text end new text begin human services judge new text end shall make a record or otherwise
contemporaneously summarize the prehearing conference in writing, which shall be
sent to both the person involved in the hearing, the person's attorney or authorized
representative, and the agency. new text begin A human services judge may make rulings and enter
interim orders to further the appeal process.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall substitute the term "human services judge" for the term
"appeals examiner," "human services referee," "referee," or any similar terms referring
to the human services referees appointed by the commissioner of human services under
Minnesota Statutes, section 256.045, subdivision 1, wherever they appear in Minnesota
Statutes.
new text end

ARTICLE 2

DISPARITIES REDUCTION ADVISORY COUNCIL

Section 1.

new text begin [256.4831] DISPARITIES REDUCTION ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; members. new text end

new text begin (a) There is hereby established the
Disparities Reduction Advisory Council. The council must consist of no fewer than 15
and no more than 30 members appointed by the commissioner of human services, in
consultation with county, tribal, community, and parent representatives. The purpose of
the council is to reduce racial and ethnic disparities in service access and outcomes for
programs funded by the Department of Human Services. The commissioner shall develop
guidelines defining the membership of the council, setting out definitions, and developing
duties of the commissioner, the council, and council members regarding racial and ethnic
disparities reduction. The guidelines must be developed in consultation with county,
tribal, community, and parent representatives. Members must be appointed to allow for
representation of the following groups:
new text end

new text begin (1) racial and ethnic minority groups;
new text end

new text begin (2) tribal service providers;
new text end

new text begin (3) culturally and linguistically specific advocacy groups and service providers;
new text end

new text begin (4) human services program participants;
new text end

new text begin (5) public and private institutions;
new text end

new text begin (6) parents of human services program participants;
new text end

new text begin (7) members of the faith community;
new text end

new text begin (8) Department of Human Services employees; and
new text end

new text begin (9) any other group the commissioner deems appropriate to facilitate the goals
and duties of the council.
new text end

new text begin (b) Notwithstanding the provisions of section 15.059, each member of the council
must be appointed to either a one-year or two-year term. The commissioner shall appoint
one member as chair. Notwithstanding the provisions of section 15.059, the council does
not expire unless directed by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following definitions
apply:
new text end

new text begin (1) "racial, ethnic, cultural, or linguistic disparities" means differences in program
outcomes, service quality, access, utilization, or participation rates that are considered to
be unfair, unjust, or inequitable;
new text end

new text begin (2) "culturally appropriate" and "culturally sensitive" refer to quality services that
are provided with consideration of specific characteristics of the individual participant,
including, but not limited to, cultural values, norms, attitudes, expectations, beliefs, and
preferences.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the commissioner. new text end

new text begin The commissioner of human services shall:
new text end

new text begin (1) maintain the council established in this section;
new text end

new text begin (2) supervise and coordinate services and policies for persons from racial, ethnic,
cultural, linguistic, and tribal communities who experience disparities in access and
outcomes;
new text end

new text begin (3) contract with qualified agencies or employ staff to carry out the recommendations
of the council;
new text end

new text begin (4) investigate the need for the development of new human services rules or statutes
that would benefit affected persons from racial, ethnic, cultural, linguistic, and tribal
communities;
new text end

new text begin (5) investigate present and potential models of service coordination which can be
delivered in a culturally sensitive and competent manner and which achieve positive
outcomes for the service recipients; and
new text end

new text begin (6) based on recommendations of the council, review identified department policies
that maintain racial, ethnic, cultural, linguistic, and tribal disparities and make adjustments
to ensure those disparities are not perpetuated.
new text end

new text begin Subd. 4. new text end

new text begin Duties of the council. new text end

new text begin The Disparities Reduction Advisory Council shall:
new text end

new text begin (1) recommend to the commissioner for review identified policies in the Department
of Human Services that maintain racial, ethnic, cultural, linguistic, and tribal disparities;
new text end

new text begin (2) coordinate identified issues regarding disparities by engaging diverse populations
in human services systems and engaging in mutual learning essential for achieving human
services parity and optimal wellness for service recipients. The council shall strive to raise
awareness about human services disparities to the legislature and media;
new text end

new text begin (3) provide technical assistance and consultation support to counties, private
nonprofit agencies, and other service providers, to support their efforts to provide equitable
human services for persons from racial, ethnic, cultural, linguistic, and tribal communities
who experience disparities in access and outcomes;
new text end

new text begin (4) provide technical assistance to promote statewide development of culturally
and linguistically appropriate, accessible, and cost-effective human services assistance
and related policy;
new text end

new text begin (5) provide training and outreach to facilitate access to culturally and linguistically
appropriate, accessible, and cost-effective human services to prevent disparities;
new text end

new text begin (6) facilitate culturally appropriate and culturally sensitive admissions, continued
services, discharges, and utilization review for human services agencies and institutions;
new text end

new text begin (7) form work groups to help carry out the duties of the council that include, but are
not limited to, persons who provide and receive services and representatives of advocacy
groups, and provide the work groups with clear guidelines, standardized parameters, and
tasks for the work groups to accomplish; and
new text end

new text begin (8) promote information sharing in the human services community and statewide.
new text end

new text begin Subd. 5. new text end

new text begin Duties of the council members. new text end

new text begin Each member of the Disparities
Reduction Advisory Council shall:
new text end

new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing
meeting notes;
new text end

new text begin (2) maintain open communication channels with respective constituencies;
new text end

new text begin (3) identify and communicate issues and risks that could impact the timely
completion of tasks;
new text end

new text begin (4) collaborate on disparity reduction efforts;
new text end

new text begin (5) communicate updates of the council's work progress and status on the
Department of Human Service's Web site; and
new text end

new text begin (6) participate in any activities the council or chair deem appropriate and necessary
to facilitate the goals and duties of the council.
new text end