SF 1289

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 03:15pm

A bill for an act
relating to human services; modifying human services agency provisions;
modifying agency hearing and appeals provisions; amending Minnesota Statutes
2010, sections 256.045, subdivisions 3, 4; 256.0451, subdivision 5.

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

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 may grant a request for a hearing in person by holding the
hearing by interactive video technology or in person. The human services judge must hear
the case in person if the person asserts that either the person or a witness has a physical
or mental disability that would impair their ability to fully participate in a hearing held
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 (c) A human services judge may issue interim orders as necessary 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