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SF 1458

Conference Committee Report - 89th Legislature (2015 - 2016) Posted on 05/17/2015 10:38pm

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1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1458
1.2A bill for an act
1.3relating to state government; establishing the health and human services budget;
1.4modifying provisions governing children and family services, chemical and
1.5mental health services, withdrawal management programs, direct care and
1.6treatment, health care, continuing care, Department of Health programs,
1.7health care delivery, health licensing boards, and MNsure; making changes
1.8to medical assistance, general assistance, MFIP, Northstar Care for Children,
1.9MinnesotaCare, child care assistance, and group residential housing programs;
1.10establishing uniform requirements for public assistance programs related
1.11to income calculation, reporting income, and correcting overpayments and
1.12underpayments; creating the Department of MNsure; modifying requirements
1.13for reporting maltreatment of minors; establishing the Minnesota ABLE plan
1.14and accounts; modifying child support provisions; establishing standards for
1.15withdrawal management programs; modifying requirements for background
1.16studies; making changes to provisions governing the health information
1.17exchange; authorizing rulemaking; requiring reports; making technical changes;
1.18modifying certain fees for Department of Health programs; modifying fees
1.19of certain health-related licensing boards; making human services forecast
1.20adjustments; appropriating money;amending Minnesota Statutes 2014, sections
1.2113.3806, subdivision 4; 13.46, subdivisions 2, 7; 13.461, by adding a subdivision;
1.2215.01; 15A.0815, subdivision 2; 16A.724, subdivision 2; 43A.241; 62A.02,
1.23subdivision 2; 62A.045; 62J.497, subdivisions 1, 3, 4, 5; 62J.498; 62J.4981;
1.2462J.4982, subdivisions 4, 5; 62J.692, subdivision 4; 62M.01, subdivision
1.252; 62M.02, subdivisions 12, 14, 15, 17, by adding subdivisions; 62M.05,
1.26subdivisions 3a, 3b, 4; 62M.06, subdivisions 2, 3; 62M.07; 62M.09, subdivision
1.273; 62M.10, subdivision 7; 62M.11; 62Q.02; 62U.02, subdivisions 1, 2, 3, 4;
1.2862U.04, subdivision 11; 62V.02, subdivisions 2, 11, by adding a subdivision;
1.2962V.03; 62V.05; 62V.06; 62V.07; 62V.08; 119B.011, subdivision 15; 119B.025,
1.30subdivision 1; 119B.035, subdivision 4; 119B.07; 119B.09, subdivision 4;
1.31119B.10, subdivision 1; 119B.11, subdivision 2a; 119B.125, by adding a
1.32subdivision; 144.057, subdivision 1; 144.1501, subdivisions 1, 2, 3, 4; 144.215,
1.33by adding a subdivision; 144.225, subdivision 4; 144.291, subdivision 2; 144.293,
1.34subdivisions 6, 8; 144.298, subdivisions 2, 3; 144.3831, subdivision 1; 144.9501,
1.35subdivisions 6d, 22b, 26b, by adding subdivisions; 144.9505; 144.9508;
1.36144A.70, subdivision 6, by adding a subdivision; 144A.71; 144A.72; 144A.73;
1.37144D.01, by adding a subdivision; 144E.001, by adding a subdivision; 144E.275,
1.38subdivision 1, by adding a subdivision; 144E.50; 144F.01, subdivision 5;
1.39145.928, by adding a subdivision; 145A.131, subdivision 1; 148.57, subdivisions
1.401, 2; 148.59; 148E.075; 148E.080, subdivisions 1, 2; 148E.180, subdivisions 2,
1.415; 149A.20, subdivisions 5, 6; 149A.40, subdivision 11; 149A.65; 149A.92,
1.42subdivision 1; 149A.97, subdivision 7; 150A.091, subdivisions 4, 5, 11, by adding
1.43subdivisions; 150A.31; 151.065, subdivisions 1, 2, 3, 4; 151.58, subdivisions 2,
2.15; 157.16; 169.686, subdivision 3; 174.29, subdivision 1; 174.30, subdivisions 3,
2.24, by adding subdivisions; 245.4661, subdivisions 5, 6, by adding subdivisions;
2.3245.467, subdivision 6; 245.469, by adding a subdivision; 245.4876, subdivision
2.47; 245.4889, subdivision 1, by adding a subdivision; 245C.03, by adding a
2.5subdivision; 245C.08, subdivision 1; 245C.10, by adding subdivisions; 245C.12;
2.6246.18, subdivision 8; 246.54, subdivision 1; 246B.01, subdivision 2b; 246B.10;
2.7253B.18, subdivisions 4c, 5; 254B.05, subdivision 5; 254B.12, subdivision 2;
2.8256.01, by adding subdivisions; 256.015, subdivision 7; 256.017, subdivision
2.91; 256.478; 256.741, subdivisions 1, 2; 256.962, subdivision 5, by adding a
2.10subdivision; 256.969, subdivisions 1, 2b, 3a, 3c, 9; 256.975, subdivision 8;
2.11256B.056, subdivision 5c; 256B.057, subdivision 9; 256B.059, subdivision
2.125; 256B.06, by adding a subdivision; 256B.0615, subdivision 3; 256B.0622,
2.13subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, by adding a subdivision; 256B.0624,
2.14subdivision 7; 256B.0625, subdivisions 3b, 9, 13, 13e, 13h, 14, 17, 17a, 18a,
2.1518e, 31, 48, 57, 58, by adding subdivisions; 256B.0631; 256B.072; 256B.0757;
2.16256B.0916, subdivisions 2, 11, by adding a subdivision; 256B.441, by adding
2.17a subdivision; 256B.49, subdivision 26, by adding a subdivision; 256B.4913,
2.18subdivisions 4a, 5; 256B.4914, subdivisions 2, 8, 10, 14, 15; 256B.69,
2.19subdivisions 5a, 5i, 6, 9c, 9d, by adding a subdivision; 256B.75; 256B.76,
2.20subdivisions 2, 4, 7; 256B.767; 256D.01, subdivision 1a; 256D.02, subdivision
2.218, by adding subdivisions; 256D.06, subdivision 1; 256D.405, subdivision 3;
2.22256E.35, subdivision 2, by adding a subdivision; 256I.03, subdivisions 3,
2.237, by adding subdivisions; 256I.04; 256I.05, subdivisions 1c, 1g; 256I.06,
2.24subdivisions 2, 6, 7, 8; 256J.08, subdivisions 26, 86; 256J.24, subdivisions
2.255, 5a; 256J.30, subdivisions 1, 9; 256J.35; 256J.40; 256J.95, subdivision 19;
2.26256K.45, subdivisions 1a, 6; 256L.01, subdivisions 3a, 5; 256L.03, subdivision
2.275; 256L.04, subdivisions 1a, 1c, 7b; 256L.05, subdivisions 3, 3a, 4, by adding
2.28a subdivision; 256L.06, subdivision 3; 256L.11, by adding a subdivision;
2.29256L.121, subdivision 1; 256L.15, subdivision 2; 256N.22, subdivisions 9,
2.3010; 256N.24, subdivision 4; 256N.25, subdivision 1; 256N.27, subdivision 2;
2.31256P.001; 256P.01, subdivision 3, by adding subdivisions; 256P.02, by adding
2.32a subdivision; 256P.03, subdivision 1; 256P.04, subdivisions 1, 4; 256P.05,
2.33subdivision 1; 257.0755, subdivisions 1, 2; 257.0761, subdivision 1; 257.0766,
2.34subdivision 1; 257.0769, subdivision 1; 257.75, subdivisions 3, 5; 259A.75;
2.35260C.007, subdivisions 27, 32; 260C.203; 260C.212, subdivision 1, by adding
2.36subdivisions; 260C.221; 260C.331, subdivision 1; 260C.451, subdivisions 2, 6;
2.37260C.515, subdivision 5; 260C.521, subdivisions 1, 2; 260C.607, subdivision
2.384; 282.241, subdivision 1; 290.0671, subdivision 6; 297A.70, subdivision 7;
2.39514.73; 514.981, subdivision 2; 518A.26, subdivision 14; 518A.32, subdivision
2.402; 518A.39, subdivision 1, by adding a subdivision; 518A.41, subdivisions 1, 3,
2.414, 14, 15; 518A.43, by adding a subdivision; 518A.46, subdivision 3, by adding
2.42a subdivision; 518A.51; 518A.53, subdivisions 1, 4, 10; 518A.60; 518C.802;
2.43580.032, subdivision 1; 626.556, subdivisions 1, as amended, 2, 3, 6a, 7, as
2.44amended, 10, 10e, 10j, 10m, 11c, by adding subdivisions; Laws 2008, chapter
2.45363, article 18, section 3, subdivision 5; Laws 2013, chapter 108, article 14,
2.46section 12, as amended; Laws 2014, chapter 189, sections 5; 10; 11; 16; 17; 18;
2.4719; 23; 24; 27; 28; 29; 31; 43; 50; 51; 73; Laws 2014, chapter 312, article 24,
2.48section 45, subdivision 2; proposing coding for new law in Minnesota Statutes,
2.49chapters 15; 62A; 62M; 62Q; 62V; 144; 144D; 245; 246B; 256B; 256E; 256M;
2.50256P; 518A; proposing coding for new law as Minnesota Statutes, chapters 245F;
2.51256Q; repealing Minnesota Statutes 2014, sections 62V.04; 62V.09; 62V.11;
2.52144E.52; 148E.060, subdivision 12; 256.969, subdivisions 23, 30; 256B.69,
2.53subdivision 32; 256D.0513; 256D.06, subdivision 8; 256D.09, subdivision 6;
2.54256D.49; 256J.38; 256L.02, subdivision 3; 256L.05, subdivisions 1b, 1c, 3c, 5;
2.55256L.11, subdivision 7; 257.0768; 290.0671, subdivision 6a; Minnesota Rules,
2.56parts 3400.0170, subparts 5, 6, 12, 13; 8840.5900, subparts 12, 14.
2.57May 17, 2015
3.1The Honorable Sandra L. Pappas
3.2President of the Senate
3.3The Honorable Kurt L. Daudt
3.4Speaker of the House of Representatives
3.5We, the undersigned conferees for S.F. No. 1458 report that we have agreed upon
3.6the items in dispute and recommend as follows:
3.7That the House recede from its amendments and that S.F. No. 1458 be further
3.8amended as follows:
3.9Delete everything after the enacting clause and insert:

3.10"ARTICLE 1
3.11CHILDREN AND FAMILY SERVICES

3.12    Section 1. Minnesota Statutes 2014, section 119B.125, is amended by adding a
3.13subdivision to read:
3.14    Subd. 7. Failure to comply with attendance record requirements. (a) In
3.15establishing an overpayment claim for failure to provide attendance records in compliance
3.16with section 119B.125, subdivision 6, the county or commissioner is limited to the six
3.17years prior to the date the county or the commissioner requested the attendance records.
3.18(b) The commissioner may periodically audit child care providers to determine
3.19compliance with section 119B.125, subdivision 6.
3.20(c) When the commissioner or county establishes an overpayment claim against a
3.21current or former provider, the commissioner or county must provide notice of the claim to
3.22the provider. A notice of overpayment claim must specify the reason for the overpayment,
3.23the authority for making the overpayment claim, the time period in which the overpayment
3.24occurred, the amount of the overpayment, and the provider's right to appeal.
3.25(d) The commissioner or county shall seek to recoup or recover overpayments paid
3.26to a current or former provider.
3.27(e) When a provider has been disqualified or convicted of fraud under section
3.28256.98, theft under section 609.52, or a federal crime relating to theft of state funds
3.29or fraudulent billing for a program administered by the commissioner or a county,
3.30recoupment or recovery must be sought regardless of the amount of overpayment.

3.31    Sec. 2. Minnesota Statutes 2014, section 119B.13, subdivision 6, is amended to read:
3.32    Subd. 6. Provider payments. (a) The provider shall bill for services provided
3.33within ten days of the end of the service period. If bills are submitted within ten days of
3.34the end of the service period, payments under the child care fund shall be made within 30
4.1days of receiving a bill from the provider. Counties or the state may establish policies that
4.2make payments on a more frequent basis.
4.3(b) If a provider has received an authorization of care and been issued a billing form
4.4for an eligible family, the bill must be submitted within 60 days of the last date of service on
4.5the bill. A bill submitted more than 60 days after the last date of service must be paid if the
4.6county determines that the provider has shown good cause why the bill was not submitted
4.7within 60 days. Good cause must be defined in the county's child care fund plan under
4.8section 119B.08, subdivision 3, and the definition of good cause must include county error.
4.9Any bill submitted more than a year after the last date of service on the bill must not be paid.
4.10(c) If a provider provided care for a time period without receiving an authorization
4.11of care and a billing form for an eligible family, payment of child care assistance may only
4.12be made retroactively for a maximum of six months from the date the provider is issued
4.13an authorization of care and billing form.
4.14(d) A county or the commissioner may refuse to issue a child care authorization
4.15to a licensed or legal nonlicensed provider, revoke an existing child care authorization
4.16to a licensed or legal nonlicensed provider, stop payment issued to a licensed or legal
4.17nonlicensed provider, or refuse to pay a bill submitted by a licensed or legal nonlicensed
4.18provider if:
4.19(1) the provider admits to intentionally giving the county materially false information
4.20on the provider's billing forms;
4.21(2) a county or the commissioner finds by a preponderance of the evidence that the
4.22provider intentionally gave the county materially false information on the provider's
4.23billing forms, or provided false attendance records to a county or the commissioner;
4.24(3) the provider is in violation of child care assistance program rules, until the
4.25agency determines those violations have been corrected;
4.26    (4) the provider is operating after receipt of:
4.27    (i) an order of suspension or of the provider's license issued by the commissioner;
4.28    (ii) an order of revocation of the provider's license,; or
4.29    the provider has been issued an order citing violations of licensing standards that
4.30affect the health and safety of children in care due to the nature, chronicity, or severity
4.31of the licensing violations, until the licensing agency determines those violations have
4.32been corrected; (iii) a final order of conditional license issued by the commissioner for as
4.33long as the conditional license is in effect;
4.34(5) the provider submits false attendance reports or refuses to provide documentation
4.35of the child's attendance upon request; or
4.36(6) the provider gives false child care price information.
5.1(e) For purposes of paragraph (d), clauses (3), (5), and (6), the county or the
5.2commissioner may withhold the provider's authorization or payment for a period of time
5.3not to exceed three months beyond the time the condition has been corrected.
5.4(e) (f) A county's payment policies must be included in the county's child care plan
5.5under section 119B.08, subdivision 3. If payments are made by the state, in addition to
5.6being in compliance with this subdivision, the payments must be made in compliance
5.7with section 16A.124.

5.8    Sec. 3. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
5.9to read:
5.10    Subd. 10. Providers of group residential housing or supplementary services.
5.11The commissioner shall conduct background studies on any individual required under
5.12section 256I.04 to have a background study completed under this chapter.
5.13EFFECTIVE DATE.This section is effective July 1, 2016.

5.14    Sec. 4. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
5.15to read:
5.16    Subd. 11. Child protection workers or social services staff having responsibility
5.17for child protective duties. (a) The commissioner must complete background studies,
5.18according to paragraph (b) and 245C.04, subdivision 10, when initiated by a county social
5.19services agency or by a local welfare agency according to section 626.559, subdivision 1b.
5.20(b) For background studies completed by the commissioner under this subdivision,
5.21the commissioner shall not make a disqualification decision, but shall provide the
5.22background study information received to the county that initiated the study.

5.23    Sec. 5. Minnesota Statutes 2014, section 245C.04, is amended by adding a subdivision
5.24to read:
5.25    Subd. 10. Child protection workers or social services staff having responsibility
5.26for child protective duties. The commissioner shall conduct background studies of
5.27employees of county social services and local welfare agencies having responsibility
5.28for child protection duties when the background study is initiated according to section
5.29626.559, subdivision 1b.

5.30    Sec. 6. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
5.31to read:
6.1    Subd. 11. Providers of group residential housing or supplementary services.
6.2The commissioner shall recover the cost of background studies initiated by providers of
6.3group residential housing or supplementary services under section 256I.04 through a fee
6.4of no more than $20 per study. The fees collected under this subdivision are appropriated
6.5to the commissioner for the purpose of conducting background studies.
6.6EFFECTIVE DATE.This section is effective July 1, 2016.

6.7    Sec. 7. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
6.8to read:
6.9    Subd. 12. Child protection workers or social services staff having responsibility
6.10for child protective duties. The commissioner shall recover the cost of background studies
6.11initiated by county social services agencies and local welfare agencies for individuals
6.12who are required to have a background study under section 626.559, subdivision 1b,
6.13through a fee of no more than $20 per study. The fees collected under this subdivision are
6.14appropriated to the commissioner for the purpose of conducting background studies.

6.15    Sec. 8. Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
6.16to read:
6.17    Subd. 12a. Department of Human Services child fatality and near fatality
6.18review team. The commissioner shall establish a Department of Human Services child
6.19fatality and near fatality review team to review child fatalities and near fatalities due to
6.20child maltreatment and child fatalities and near fatalities that occur in licensed facilities
6.21and are not due to natural causes. The review team shall assess the entire child protection
6.22services process from the point of a mandated reporter reporting the alleged maltreatment
6.23through the ongoing case management process. Department staff shall lead and conduct
6.24on-site local reviews and utilize supervisors from local county and tribal child welfare
6.25agencies as peer reviewers. The review process must focus on critical elements of the case
6.26and on the involvement of the child and family with the county or tribal child welfare
6.27agency. The review team shall identify necessary program improvement planning to
6.28address any practice issues identified and training and technical assistance needs of
6.29the local agency. Summary reports of each review shall be provided to the state child
6.30mortality review panel when completed.

6.31    Sec. 9. Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:
6.32    Subdivision 1. Authority and purpose. The commissioner shall administer a
6.33compliance system for the Minnesota family investment program, the food stamp or food
7.1support program, emergency assistance, general assistance, medical assistance, emergency
7.2general assistance, Minnesota supplemental assistance, group residential housing,
7.3preadmission screening, alternative care grants, the child care assistance program, and
7.4all other programs administered by the commissioner or on behalf of the commissioner
7.5under the powers and authorities named in section 256.01, subdivision 2. The purpose of
7.6the compliance system is to permit the commissioner to supervise the administration of
7.7public assistance programs and to enforce timely and accurate distribution of benefits,
7.8completeness of service and efficient and effective program management and operations,
7.9to increase uniformity and consistency in the administration and delivery of public
7.10assistance programs throughout the state, and to reduce the possibility of sanctions and
7.11fiscal disallowances for noncompliance with federal regulations and state statutes. The
7.12commissioner, or the commissioner's representative, may issue administrative subpoenas
7.13as needed in administering the compliance system.
7.14    The commissioner shall utilize training, technical assistance, and monitoring
7.15activities, as specified in section 256.01, subdivision 2, to encourage county agency
7.16compliance with written policies and procedures.

7.17    Sec. 10. Minnesota Statutes 2014, section 256.741, subdivision 1, is amended to read:
7.18    Subdivision 1. Definitions. (a) The term "direct support" as used in this chapter and
7.19chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor
7.20which is paid directly to a recipient of public assistance.
7.21    (b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
7.22and 518C, includes any form of assistance provided under the AFDC program formerly
7.23codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter
7.24256, MFIP under chapter 256J, work first program formerly codified under chapter 256K;
7.25child care assistance provided through the child care fund under chapter 119B; any form
7.26of medical assistance under chapter 256B; MinnesotaCare under chapter 256L; and foster
7.27care as provided under title IV-E of the Social Security Act. MinnesotaCare and health
7.28plans subsidized by federal premium tax credits or federal cost-sharing reductions are not
7.29considered public assistance for purposes of a child support referral.
7.30    (c) The term "child support agency" as used in this section refers to the public
7.31authority responsible for child support enforcement.
7.32    (d) The term "public assistance agency" as used in this section refers to a public
7.33authority providing public assistance to an individual.
7.34    (e) The terms "child support" and "arrears" as used in this section have the meanings
7.35provided in section 518A.26.
8.1    (f) The term "maintenance" as used in this section has the meaning provided in
8.2section 518.003.

8.3    Sec. 11. Minnesota Statutes 2014, section 256.741, subdivision 2, is amended to read:
8.4    Subd. 2. Assignment of support and maintenance rights. (a) An individual
8.5receiving public assistance in the form of assistance under any of the following programs:
8.6the AFDC program formerly codified in sections 256.72 to 256.87, MFIP under chapter
8.7256J, MFIP-R and MFIP formerly codified under chapter 256, or work first program
8.8formerly codified under chapter 256K is considered to have assigned to the state at the
8.9time of application all rights to child support and maintenance from any other person the
8.10applicant or recipient may have in the individual's own behalf or in the behalf of any other
8.11family member for whom application for public assistance is made. An assistance unit is
8.12ineligible for the Minnesota family investment program unless the caregiver assigns all
8.13rights to child support and maintenance benefits according to this section.
8.14    (1) The assignment is effective as to any current child support and current
8.15maintenance.
8.16    (2) Any child support or maintenance arrears that accrue while an individual is
8.17receiving public assistance in the form of assistance under any of the programs listed in
8.18this paragraph are permanently assigned to the state.
8.19    (3) The assignment of current child support and current maintenance ends on the
8.20date the individual ceases to receive or is no longer eligible to receive public assistance
8.21under any of the programs listed in this paragraph.
8.22    (b) An individual receiving public assistance in the form of medical assistance,
8.23including MinnesotaCare, is considered to have assigned to the state at the time of
8.24application all rights to medical support from any other person the individual may have
8.25in the individual's own behalf or in the behalf of any other family member for whom
8.26medical assistance is provided.
8.27    (1) An assignment made after September 30, 1997, is effective as to any medical
8.28support accruing after the date of medical assistance or MinnesotaCare eligibility.
8.29    (2) Any medical support arrears that accrue while an individual is receiving public
8.30assistance in the form of medical assistance, including MinnesotaCare, are permanently
8.31assigned to the state.
8.32    (3) The assignment of current medical support ends on the date the individual ceases
8.33to receive or is no longer eligible to receive public assistance in the form of medical
8.34assistance or MinnesotaCare.
9.1    (c) An individual receiving public assistance in the form of child care assistance
9.2under the child care fund pursuant to chapter 119B is considered to have assigned to the
9.3state at the time of application all rights to child care support from any other person the
9.4individual may have in the individual's own behalf or in the behalf of any other family
9.5member for whom child care assistance is provided.
9.6    (1) The assignment is effective as to any current child care support.
9.7    (2) Any child care support arrears that accrue while an individual is receiving public
9.8assistance in the form of child care assistance under the child care fund in chapter 119B
9.9are permanently assigned to the state.
9.10    (3) The assignment of current child care support ends on the date the individual
9.11ceases to receive or is no longer eligible to receive public assistance in the form of child
9.12care assistance under the child care fund under chapter 119B.

9.13    Sec. 12. [256E.28] CHILD PROTECTION GRANTS TO ADDRESS CHILD
9.14WELFARE DISPARITIES.
9.15    Subdivision 1. Child welfare disparities grant program established. The
9.16commissioner may award grants to eligible entities for the development, implementation,
9.17and evaluation of activities to address racial disparities and disproportionality in the child
9.18welfare system by:
9.19    (1) identifying and addressing structural factors that contribute to inequities in
9.20outcomes;
9.21    (2) identifying and implementing strategies to reduce racial disparities in treatment
9.22and outcomes;
9.23    (3) using cultural values, beliefs, and practices of families, communities, and tribes
9.24for case planning, service design, and decision-making processes;
9.25    (4) using placement and reunification strategies to maintain and support relationships
9.26and connections between parents, siblings, children, kin, significant others, and tribes; and
9.27    (5) supporting families in the context of their communities and tribes to safely divert
9.28them from the child welfare system, whenever possible.
9.29    Subd. 2. State-community partnerships; plan. The commissioner, in partnership
9.30with the legislative task force on child protection; culturally based community
9.31organizations; the Indian Affairs Council under section 3.922; the Council on Affairs of
9.32Chicano/Latino People under section 3.9223; the Council on Black Minnesotans under
9.33section 3.9225; the Council on Asian-Pacific Minnesotans under section 3.9226; the
9.34American Indian Child Welfare Advisory Council under section 260.835; counties; and
10.1tribal governments, shall develop and implement a comprehensive, coordinated plan to
10.2award funds under this section for the priority areas identified in subdivision 1.
10.3    Subd. 3. Measurable outcomes. The commissioner, in consultation with the
10.4state-community partners listed in subdivision 2, shall establish measurable outcomes to
10.5determine the effectiveness of the grants and other activities funded under this section in
10.6reducing disparities identified in subdivision 1. The development of measurable outcomes
10.7must be completed before any funds are distributed under this section.
10.8    Subd. 4. Process. (a) The commissioner, in consultation with the state-community
10.9partners listed in subdivision 2, shall develop the criteria and procedures to allocate
10.10competitive grants under this section. In developing the criteria, the commissioner shall
10.11establish an administrative cost limit for grant recipients. A county awarded a grant shall
10.12not spend more than three percent of the grant on administrative costs. When a grant
10.13is awarded, the commissioner must provide a grant recipient with information on the
10.14outcomes established according to subdivision 3.
10.15    (b) A grant recipient must coordinate its activities with other entities receiving funds
10.16under this section that are in the grant recipient's service area.
10.17    (c) Grant funds must not be used to supplant any state or federal funds received
10.18for child welfare services.
10.19    Subd. 5. Grant program criteria. (a) The commissioner shall award competitive
10.20grants to eligible applicants for local or regional projects and initiatives directed at
10.21reducing disparities in the child welfare system.
10.22    (b) The commissioner may award up to 20 percent of the funds available as planning
10.23grants. Planning grants must be used to address such areas as community assessment,
10.24coordination activities, and development of community-supported strategies.
10.25    (c) Eligible applicants may include, but are not limited to, faith-based organizations,
10.26social service organizations, community nonprofit organizations, counties, and tribal
10.27governments. Applicants must submit proposals to the commissioner. A proposal must
10.28specify the strategies to be implemented to address one or more of the priority areas in
10.29subdivision 1 and must be targeted to achieve the outcomes established according to
10.30subdivision 3.
10.31    (d) The commissioner shall give priority to applicants who demonstrate that their
10.32proposed project or initiative:
10.33    (1) is supported by the community the applicant will serve;
10.34    (2) is evidence-based;
10.35    (3) is designed to complement other related community activities;
10.36    (4) utilizes strategies that positively impact priority areas;
11.1    (5) reflects culturally appropriate approaches; or
11.2    (6) will be implemented through or with community-based organizations that reflect
11.3the culture of the population to be reached.
11.4    Subd. 6. Evaluation. (a) Using the outcomes established according to subdivision
11.53, the commissioner shall conduct a biennial evaluation of the grant program funded under
11.6this section. Grant recipients shall cooperate with the commissioner in the evaluation and
11.7shall provide the commissioner with the information needed to conduct the evaluation.
11.8    (b) The commissioner shall consult with the legislative task force on child protection
11.9during the evaluation process and shall submit a biennial evaluation report to the task
11.10force and to the chairs and ranking minority members of the house of representatives and
11.11senate committees with jurisdiction over child protection funding.
11.12    Subd. 7. American Indian child welfare projects. Of the amount appropriated for
11.13purposes of this section, the commissioner shall award $75,000 to each tribe authorized to
11.14provide tribal delivery of child welfare services under section 256.01, subdivision 14b. To
11.15receive funds under this subdivision, a participating tribe is not required to apply to the
11.16commissioner for grant funds. Participating tribes are also eligible for competitive grant
11.17funds under this section.

11.18    Sec. 13. Minnesota Statutes 2014, section 256E.35, subdivision 2, is amended to read:
11.19    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
11.20    (b) "Eligible educational institution" means the following:
11.21    (1) an institution of higher education described in section 101 or 102 of the Higher
11.22Education Act of 1965; or
11.23    (2) an area vocational education school, as defined in subparagraph (C) or (D) of
11.24United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
11.25and Applied Technology Education Act), which is located within any state, as defined in
11.26United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only
11.27to the extent section 2302 is in effect on August 1, 2008.
11.28    (b) (c) "Family asset account" means a savings account opened by a household
11.29participating in the Minnesota family assets for independence initiative.
11.30    (c) (d) "Fiduciary organization" means:
11.31    (1) a community action agency that has obtained recognition under section 256E.31;
11.32    (2) a federal community development credit union serving the seven-county
11.33metropolitan area; or
11.34    (3) a women-oriented economic development agency serving the seven-county
11.35metropolitan area.
12.1(e) "Financial coach" means a person who:
12.2(1) has completed an intensive financial literacy training workshop that includes
12.3curriculum on budgeting to increase savings, debt reduction and asset building, building a
12.4good credit rating, and consumer protection;
12.5(2) participates in ongoing statewide family assets for independence in Minnesota
12.6(FAIM) network training meetings under FAIM program supervision; and
12.7(3) provides financial coaching to program participants under subdivision 4a.
12.8    (d) (f) "Financial institution" means a bank, bank and trust, savings bank, savings
12.9association, or credit union, the deposits of which are insured by the Federal Deposit
12.10Insurance Corporation or the National Credit Union Administration.
12.11    (g) "Household" means all individuals who share use of a dwelling unit as primary
12.12quarters for living and eating separate from other individuals.
12.13    (e) (h) "Permissible use" means:
12.14    (1) postsecondary educational expenses at an eligible educational institution as
12.15defined in paragraph (g) (b), including books, supplies, and equipment required for
12.16courses of instruction;
12.17    (2) acquisition costs of acquiring, constructing, or reconstructing a residence,
12.18including any usual or reasonable settlement, financing, or other closing costs;
12.19    (3) business capitalization expenses for expenditures on capital, plant, equipment,
12.20working capital, and inventory expenses of a legitimate business pursuant to a business
12.21plan approved by the fiduciary organization; and
12.22    (4) acquisition costs of a principal residence within the meaning of section 1034 of
12.23the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area
12.24purchase price applicable to the residence determined according to section 143(e)(2) and
12.25(3) of the Internal Revenue Code of 1986.
12.26    (f) "Household" means all individuals who share use of a dwelling unit as primary
12.27quarters for living and eating separate from other individuals.
12.28    (g) "Eligible educational institution" means the following:
12.29    (1) an institution of higher education described in section 101 or 102 of the Higher
12.30Education Act of 1965; or
12.31    (2) an area vocational education school, as defined in subparagraph (C) or (D) of
12.32United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
12.33and Applied Technology Education Act), which is located within any state, as defined in
12.34United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only
12.35to the extent section 2302 is in effect on August 1, 2008.

13.1    Sec. 14. Minnesota Statutes 2014, section 256E.35, is amended by adding a subdivision
13.2to read:
13.3    Subd. 4a. Financial coaching. A financial coach shall provide the following
13.4to program participants:
13.5(1) financial education relating to budgeting, debt reduction, asset-specific training,
13.6and financial stability activities;
13.7(2) asset-specific training related to buying a home, acquiring postsecondary
13.8education, or starting or expanding a small business; and
13.9(3) financial stability education and training to improve and sustain financial security.

13.10    Sec. 15. Minnesota Statutes 2014, section 256I.03, subdivision 3, is amended to read:
13.11    Subd. 3. Group residential housing. "Group residential housing" means a group
13.12living situation that provides at a minimum room and board to unrelated persons who
13.13meet the eligibility requirements of section 256I.04. This definition includes foster care
13.14settings or community residential settings for a single adult. To receive payment for a
13.15group residence rate, the residence must meet the requirements under section 256I.04,
13.16subdivision subdivisions 2a to 2f.

13.17    Sec. 16. Minnesota Statutes 2014, section 256I.03, subdivision 7, is amended to read:
13.18    Subd. 7. Countable income. "Countable income" means all income received by
13.19an applicant or recipient less any applicable exclusions or disregards. For a recipient of
13.20any cash benefit from the SSI program, countable income means the SSI benefit limit in
13.21effect at the time the person is in a GRH a recipient of group residential housing, less the
13.22medical assistance personal needs allowance under section 256B.35. If the SSI limit
13.23has been or benefit is reduced for a person due to events occurring prior to the persons
13.24entering the GRH setting other than receipt of additional income, countable income means
13.25actual income less any applicable exclusions and disregards.

13.26    Sec. 17. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
13.27to read:
13.28    Subd. 9. Direct contact. "Direct contact" means providing face-to-face care,
13.29training, supervision, counseling, consultation, or medication assistance to recipients of
13.30group residential housing.

13.31    Sec. 18. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
13.32to read:
14.1    Subd. 10. Habitability inspection. "Habitability inspection" means an inspection to
14.2determine whether the housing occupied by an individual meets the habitability standards
14.3specified by the commissioner. The standards must be provided to the applicant in writing
14.4and posted on the Department of Human Services Web site.

14.5    Sec. 19. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
14.6to read:
14.7    Subd. 11. Long-term homelessness. "Long-term homelessness" means lacking a
14.8permanent place to live:
14.9(1) continuously for one year or more; or
14.10(2) at least four times in the past three years.

14.11    Sec. 20. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
14.12to read:
14.13    Subd. 12. Professional statement of need. "Professional statement of need" means
14.14a statement about an individual's illness, injury, or incapacity that is signed by a qualified
14.15professional. The statement must specify that the individual has an illness or incapacity
14.16which limits the individual's ability to work and provide self-support. The statement
14.17must also specify that the individual needs assistance to access or maintain housing, as
14.18evidenced by the need for two or more of the following services:
14.19(1) tenancy supports to assist an individual with finding the individual's own
14.20home, landlord negotiation, securing furniture and household supplies, understanding
14.21and maintaining tenant responsibilities, conflict negotiation, and budgeting and financial
14.22education;
14.23(2) supportive services to assist with basic living and social skills, household
14.24management, monitoring of overall well-being, and problem solving;
14.25(3) employment supports to assist with maintaining or increasing employment,
14.26increasing earnings, understanding and utilizing appropriate benefits and services,
14.27improving physical or mental health, moving toward self-sufficiency, and achieving
14.28personal goals; or
14.29(4) health supervision services to assist in the preparation and administration of
14.30medications other than injectables, the provision of therapeutic diets, taking vital signs, or
14.31providing assistance in dressing, grooming, bathing, or with walking devices.

14.32    Sec. 21. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
14.33to read:
15.1    Subd. 13. Prospective budgeting. "Prospective budgeting" means estimating the
15.2amount of monthly income a person will have in the payment month.

15.3    Sec. 22. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
15.4to read:
15.5    Subd. 14. Qualified professional. "Qualified professional" means an individual as
15.6defined in section 256J.08, subdivision 73a, or Minnesota Rules, part 9530.6450, subpart
15.73, 4, or 5; or an individual approved by the director of human services or a designee
15.8of the director.

15.9    Sec. 23. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
15.10to read:
15.11    Subd. 15. Supportive housing. "Supportive housing" means housing with support
15.12services according to the continuum of care coordinated assessment system established
15.13under Code of Federal Regulations, title 24, section 578.3.

15.14    Sec. 24. Minnesota Statutes 2014, section 256I.04, subdivision 1, is amended to read:
15.15    Subdivision 1. Individual eligibility requirements. An individual is eligible for
15.16and entitled to a group residential housing payment to be made on the individual's behalf
15.17if the agency has approved the individual's residence in a group residential housing setting
15.18and the individual meets the requirements in paragraph (a) or (b).
15.19(a) The individual is aged, blind, or is over 18 years of age and disabled as
15.20determined under the criteria used by the title II program of the Social Security Act, and
15.21meets the resource restrictions and standards of section 256P.02, and the individual's
15.22countable income after deducting the (1) exclusions and disregards of the SSI program,
15.23(2) the medical assistance personal needs allowance under section 256B.35, and (3) an
15.24amount equal to the income actually made available to a community spouse by an elderly
15.25waiver participant under the provisions of sections 256B.0575, paragraph (a), clause
15.26(4), and 256B.058, subdivision 2, is less than the monthly rate specified in the agency's
15.27agreement with the provider of group residential housing in which the individual resides.
15.28(b) The individual meets a category of eligibility under section 256D.05, subdivision
15.291
, paragraph (a), clauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, and
15.30the individual's resources are less than the standards specified by section 256P.02, and
15.31the individual's countable income as determined under sections 256D.01 to 256D.21, less
15.32the medical assistance personal needs allowance under section 256B.35 is less than the
16.1monthly rate specified in the agency's agreement with the provider of group residential
16.2housing in which the individual resides.
16.3EFFECTIVE DATE.This section is effective September 1, 2015.

16.4    Sec. 25. Minnesota Statutes 2014, section 256I.04, subdivision 1a, is amended to read:
16.5    Subd. 1a. County approval. (a) A county agency may not approve a group
16.6residential housing payment for an individual in any setting with a rate in excess of the
16.7MSA equivalent rate for more than 30 days in a calendar year unless the county agency
16.8has developed or approved individual has a plan for the individual which specifies that:
16.9    (1) the individual has an illness or incapacity which prevents the person from living
16.10independently in the community; and
16.11    (2) the individual's illness or incapacity requires the services which are available in
16.12the group residence.
16.13    The plan must be signed or countersigned by any of the following employees of the
16.14county of financial responsibility: the director of human services or a designee of the
16.15director; a social worker; or a case aide professional statement of need under section
16.16256I.03, subdivision 12.
16.17    (b) If a county agency determines that an applicant is ineligible due to not meeting
16.18eligibility requirements under this section, a county agency may accept a signed personal
16.19statement from the applicant in lieu of documentation verifying ineligibility.
16.20(c) Effective July 1, 2016, to be eligible for supplementary service payments,
16.21providers must enroll in the provider enrollment system identified by the commissioner.

16.22    Sec. 26. Minnesota Statutes 2014, section 256I.04, subdivision 2a, is amended to read:
16.23    Subd. 2a. License required; staffing qualifications. A county (a) Except
16.24as provided in paragraph (b), an agency may not enter into an agreement with an
16.25establishment to provide group residential housing unless:
16.26(1) the establishment is licensed by the Department of Health as a hotel and
16.27restaurant; a board and lodging establishment; a residential care home; a boarding care
16.28home before March 1, 1985; or a supervised living facility, and the service provider
16.29for residents of the facility is licensed under chapter 245A. However, an establishment
16.30licensed by the Department of Health to provide lodging need not also be licensed to
16.31provide board if meals are being supplied to residents under a contract with a food vendor
16.32who is licensed by the Department of Health;
16.33(2) the residence is: (i) licensed by the commissioner of human services under
16.34Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
17.1agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
17.2to 9555.6265; (iii) a residence licensed by the commissioner under Minnesota Rules, parts
17.32960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or (iv)
17.4licensed under section 245D.02, subdivision 4a, as a community residential setting by
17.5the commissioner of human services; or
17.6(3) the establishment is registered under chapter 144D and provides three meals a
17.7day, or is an establishment voluntarily registered under section 144D.025 as a supportive
17.8housing establishment; or.
17.9(4) an establishment voluntarily registered under section 144D.025, other than
17.10a supportive housing establishment under clause (3), is not eligible to provide group
17.11residential housing.
17.12(b) The requirements under clauses (1) to (4) paragraph (a) do not apply to
17.13establishments exempt from state licensure because they are:
17.14(1) located on Indian reservations and subject to tribal health and safety
17.15requirements.; or
17.16    (2) a supportive housing establishment that has an approved habitability inspection
17.17and an individual lease agreement and that serves people who have experienced long-term
17.18homelessness and were referred through a coordinated assessment in section 256I.03,
17.19subdivision 15.
17.20    (c) Supportive housing establishments and emergency shelters must participate in
17.21the homeless management information system.
17.22    (d) Effective July 1, 2016, an agency shall not have an agreement with a provider
17.23of group residential housing or supplementary services unless all staff members who
17.24have direct contact with recipients:
17.25    (1) have skills and knowledge acquired through one or more of the following:
17.26    (i) a course of study in a health- or human services-related field leading to a bachelor
17.27of arts, bachelor of science, or associate's degree;
17.28    (ii) one year of experience with the target population served;
17.29    (iii) experience as a certified peer specialist according to section 256B.0615; or
17.30    (iv) meeting the requirements for unlicensed personnel under sections 144A.43
17.31to 144A.483;
17.32    (2) hold a current Minnesota driver's license appropriate to the vehicle driven
17.33if transporting recipients;
17.34    (3) complete training on vulnerable adults mandated reporting and child
17.35maltreatment mandated reporting, where applicable; and
18.1    (4) complete group residential housing orientation training offered by the
18.2commissioner.

18.3    Sec. 27. Minnesota Statutes 2014, section 256I.04, subdivision 2b, is amended to read:
18.4    Subd. 2b. Group residential housing agreements. (a) Agreements between county
18.5agencies and providers of group residential housing or supplementary services must be in
18.6writing on a form developed and approved by the commissioner and must specify the name
18.7and address under which the establishment subject to the agreement does business and
18.8under which the establishment, or service provider, if different from the group residential
18.9housing establishment, is licensed by the Department of Health or the Department of
18.10Human Services; the specific license or registration from the Department of Health or the
18.11Department of Human Services held by the provider and the number of beds subject to
18.12that license; the address of the location or locations at which group residential housing is
18.13provided under this agreement; the per diem and monthly rates that are to be paid from
18.14group residential housing or supplementary service funds for each eligible resident at each
18.15location; the number of beds at each location which are subject to the group residential
18.16housing agreement; whether the license holder is a not-for-profit corporation under section
18.17501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
18.18the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.
18.19(b) Providers are required to verify the following minimum requirements in the
18.20agreement:
18.21(1) current license or registration, including authorization if managing or monitoring
18.22medications;
18.23(2) all staff who have direct contact with recipients meet the staff qualifications;
18.24(3) the provision of group residential housing;
18.25(4) the provision of supplementary services, if applicable;
18.26(5) reports of adverse events, including recipient death or serious injury; and
18.27(6) submission of residency requirements that could result in recipient eviction.
18.28Group residential housing (c) Agreements may be terminated with or without cause by
18.29either the county commissioner, the agency, or the provider with two calendar months prior
18.30notice. The commissioner may immediately terminate an agreement under subdivision 2d.

18.31    Sec. 28. Minnesota Statutes 2014, section 256I.04, subdivision 2c, is amended to read:
18.32    Subd. 2c. Crisis shelters Background study requirements. Secure crisis shelters
18.33for battered women and their children designated by the Minnesota Department of
18.34Corrections are not group residences under this chapter. (a) Effective July 1, 2016, a
19.1provider of group residential housing or supplementary services must initiate background
19.2studies in accordance with chapter 245C of the following individuals:
19.3(1) controlling individuals as defined in section 245A.02;
19.4(2) managerial officials as defined in section 245A.02; and
19.5(3) all employees and volunteers of the establishment who have direct contact
19.6with recipients, or who have unsupervised access to recipients, their personal property,
19.7or their private data.
19.8(b) The provider of group residential housing or supplementary services must
19.9maintain compliance with all requirements established for entities initiating background
19.10studies under chapter 245C.
19.11(c) Effective July 1, 2017, a provider of group residential housing or supplementary
19.12services must demonstrate that all individuals required to have a background study
19.13according to paragraph (a) have a notice stating either that:
19.14(1) the individual is not disqualified under section 245C.14; or
19.15(2) the individual is disqualified, but the individual has been issued a set-aside of
19.16the disqualification for that setting under section 245C.22.

19.17    Sec. 29. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
19.18to read:
19.19    Subd. 2d. Conditions of payment; commissioner's right to suspend or terminate
19.20agreement. (a) Group residential housing or supplementary services must be provided
19.21to the satisfaction of the commissioner, as determined at the sole discretion of the
19.22commissioner's authorized representative, and in accordance with all applicable federal,
19.23state, and local laws, ordinances, rules, and regulations, including business registration
19.24requirements of the Office of the Secretary of State. A provider shall not receive payment
19.25for services or housing found by the commissioner to be performed or provided in
19.26violation of federal, state, or local law, ordinance, rule, or regulation.
19.27(b) The commissioner has the right to suspend or terminate the agreement
19.28immediately when the commissioner determines the health or welfare of the housing or
19.29service recipients is endangered, or when the commissioner has reasonable cause to believe
19.30that the provider has breached a material term of the agreement under subdivision 2b.
19.31(c) Notwithstanding paragraph (b), if the commissioner learns of a curable material
19.32breach of the agreement by the provider, the commissioner shall provide the provider
19.33with a written notice of the breach and allow ten days to cure the breach. If the provider
19.34does not cure the breach within the time allowed, the provider shall be in default of the
19.35agreement and the commissioner may terminate the agreement immediately thereafter. If
20.1the provider has breached a material term of the agreement and cure is not possible, the
20.2commissioner may immediately terminate the agreement.

20.3    Sec. 30. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
20.4to read:
20.5    Subd. 2e. Providers holding health or human services licenses. (a) Except
20.6for facilities with only a board and lodging license, when group residential housing or
20.7supplementary service staff are also operating under a license issued by the Department of
20.8Health or the Department of Human Services, the minimum staff qualification requirements
20.9for the setting shall be the qualifications listed under the related licensing standards.
20.10(b) A background study completed for the licensed service must also satisfy the
20.11background study requirements under this section, if the provider has established the
20.12background study contact person according to chapter 245C and as directed by the
20.13Department of Human Services.

20.14    Sec. 31. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
20.15to read:
20.16    Subd. 2f. Required services. In licensed and registered settings under subdivision
20.172a, providers shall ensure that participants have at a minimum:
20.18(1) food preparation and service for three nutritional meals a day on site;
20.19(2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or
20.20service;
20.21(3) housekeeping, including cleaning and lavatory supplies or service; and
20.22(4) maintenance and operation of the building and grounds, including heat, water,
20.23garbage removal, electricity, telephone for the site, cooling, supplies, and parts and tools
20.24to repair and maintain equipment and facilities.

20.25    Sec. 32. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
20.26to read:
20.27    Subd. 2g. Crisis shelters. Secure crisis shelters for battered women and their
20.28children designated by the Minnesota Department of Corrections are not group residences
20.29under this chapter.

20.30    Sec. 33. Minnesota Statutes 2014, section 256I.04, subdivision 3, is amended to read:
21.1    Subd. 3. Moratorium on development of group residential housing beds. (a)
21.2County Agencies shall not enter into agreements for new group residential housing beds
21.3with total rates in excess of the MSA equivalent rate except:
21.4(1) for group residential housing establishments licensed under Minnesota Rules,
21.5parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction
21.6targets for persons with developmental disabilities at regional treatment centers;
21.7(2) up to 80 beds in a single, specialized facility located in Hennepin County that will
21.8provide housing for chronic inebriates who are repetitive users of detoxification centers
21.9and are refused placement in emergency shelters because of their state of intoxication,
21.10and planning for the specialized facility must have been initiated before July 1, 1991,
21.11in anticipation of receiving a grant from the Housing Finance Agency under section
21.12462A.05, subdivision 20a , paragraph (b);
21.13(3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive
21.14housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a
21.15mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
21.16immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
21.17person who is living on the street or in a shelter or discharged from a regional treatment
21.18center, community hospital, or residential treatment program and has no appropriate
21.19housing available and lacks the resources and support necessary to access appropriate
21.20housing. At least 70 percent of the supportive housing units must serve homeless adults
21.21with mental illness, substance abuse problems, or human immunodeficiency virus or
21.22acquired immunodeficiency syndrome who are about to be or, within the previous six
21.23months, has been discharged from a regional treatment center, or a state-contracted
21.24psychiatric bed in a community hospital, or a residential mental health or chemical
21.25dependency treatment program. If a person meets the requirements of subdivision 1,
21.26paragraph (a), and receives a federal or state housing subsidy, the group residential housing
21.27rate for that person is limited to the supplementary rate under section 256I.05, subdivision
21.281a
, and is determined by subtracting the amount of the person's countable income that
21.29exceeds the MSA equivalent rate from the group residential housing supplementary rate.
21.30A resident in a demonstration project site who no longer participates in the demonstration
21.31program shall retain eligibility for a group residential housing payment in an amount
21.32determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service
21.33funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching
21.34funds are available and the services can be provided through a managed care entity. If
21.35federal matching funds are not available, then service funding will continue under section
21.36256I.05, subdivision 1a ;
22.1(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in
22.2Hennepin County providing services for recovering and chemically dependent men that
22.3has had a group residential housing contract with the county and has been licensed as a
22.4board and lodge facility with special services since 1980;
22.5(5) for a group residential housing provider located in the city of St. Cloud, or a county
22.6contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing
22.7through the Minnesota Housing Finance Agency Ending Long-Term Homelessness
22.8Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;
22.9(6) for a new 65-bed facility in Crow Wing County that will serve chemically
22.10dependent persons, operated by a group residential housing provider that currently
22.11operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
22.12(7) for a group residential housing provider that operates two ten-bed facilities, one
22.13located in Hennepin County and one located in Ramsey County, that provide community
22.14support and 24-hour-a-day supervision to serve the mental health needs of individuals
22.15who have chronically lived unsheltered; and
22.16(8) for a group residential facility in Hennepin County with a capacity of up to 48
22.17beds that has been licensed since 1978 as a board and lodging facility and that until August
22.181, 2007, operated as a licensed chemical dependency treatment program.
22.19    (b) A county An agency may enter into a group residential housing agreement for
22.20beds with rates in excess of the MSA equivalent rate in addition to those currently covered
22.21under a group residential housing agreement if the additional beds are only a replacement
22.22of beds with rates in excess of the MSA equivalent rate which have been made available
22.23due to closure of a setting, a change of licensure or certification which removes the beds
22.24from group residential housing payment, or as a result of the downsizing of a group
22.25residential housing setting. The transfer of available beds from one county agency to
22.26another can only occur by the agreement of both counties agencies.

22.27    Sec. 34. Minnesota Statutes 2014, section 256I.04, subdivision 4, is amended to read:
22.28    Subd. 4. Rental assistance. For participants in the Minnesota supportive housing
22.29demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding
22.30the provisions of section 256I.06, subdivision 8, the amount of the group residential
22.31housing payment for room and board must be calculated by subtracting 30 percent of the
22.32recipient's adjusted income as defined by the United States Department of Housing and
22.33Urban Development for the Section 8 program from the fair market rent established for the
22.34recipient's living unit by the federal Department of Housing and Urban Development. This
22.35payment shall be regarded as a state housing subsidy for the purposes of subdivision 3.
23.1Notwithstanding the provisions of section 256I.06, subdivision 6, the recipient's countable
23.2income will only be adjusted when a change of greater than $100 in a month occurs or
23.3upon annual redetermination of eligibility, whichever is sooner. The commissioner is
23.4directed to study the feasibility of developing a rental assistance program to serve persons
23.5traditionally served in group residential housing settings and report to the legislature by
23.6February 15, 1999.

23.7    Sec. 35. Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:
23.8    Subd. 1c. Rate increases. A county An agency may not increase the rates
23.9negotiated for group residential housing above those in effect on June 30, 1993, except as
23.10provided in paragraphs (a) to (f).
23.11(a) A county An agency may increase the rates for group residential housing settings
23.12to the MSA equivalent rate for those settings whose current rate is below the MSA
23.13equivalent rate.
23.14(b) A county An agency may increase the rates for residents in adult foster care
23.15whose difficulty of care has increased. The total group residential housing rate for these
23.16residents must not exceed the maximum rate specified in subdivisions 1 and 1a. County
23.17Agencies must not include nor increase group residential housing difficulty of care rates
23.18for adults in foster care whose difficulty of care is eligible for funding by home and
23.19community-based waiver programs under title XIX of the Social Security Act.
23.20(c) The room and board rates will be increased each year when the MSA equivalent
23.21rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase,
23.22less the amount of the increase in the medical assistance personal needs allowance under
23.23section 256B.35.
23.24(d) When a group residential housing rate is used to pay for an individual's room
23.25and board, or other costs necessary to provide room and board, the rate payable to
23.26the residence must continue for up to 18 calendar days per incident that the person is
23.27temporarily absent from the residence, not to exceed 60 days in a calendar year, if the
23.28absence or absences have received the prior approval of the county agency's social service
23.29staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.
23.30(e) For facilities meeting substantial change criteria within the prior year. Substantial
23.31change criteria exists if the group residential housing establishment experiences a 25
23.32percent increase or decrease in the total number of its beds, if the net cost of capital
23.33additions or improvements is in excess of 15 percent of the current market value of the
23.34residence, or if the residence physically moves, or changes its licensure, and incurs a
23.35resulting increase in operation and property costs.
24.1(f) Until June 30, 1994, a county an agency may increase by up to five percent the
24.2total rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33
24.3to 256D.54 who reside in residences that are licensed by the commissioner of health as
24.4a boarding care home, but are not certified for the purposes of the medical assistance
24.5program. However, an increase under this clause must not exceed an amount equivalent to
24.665 percent of the 1991 medical assistance reimbursement rate for nursing home resident
24.7class A, in the geographic grouping in which the facility is located, as established under
24.8Minnesota Rules, parts 9549.0050 to 9549.0058.

24.9    Sec. 36. Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:
24.10    Subd. 1g. Supplementary service rate for certain facilities. On or after July 1,
24.112005, a county An agency may negotiate a supplementary service rate for recipients of
24.12assistance under section 256I.04, subdivision 1, paragraph (a) or (b), who relocate from a
24.13homeless shelter licensed and registered prior to December 31, 1996, by the Minnesota
24.14Department of Health under section 157.17, to have experienced long-term homelessness
24.15and who live in a supportive housing establishment developed and funded in whole or in
24.16part with funds provided specifically as part of the plan to end long-term homelessness
24.17required under Laws 2003, chapter 128, article 15, section 9, not to exceed $456.75 under
24.18section 256I.04, subdivision 2a, paragraph (b), clause (2).

24.19    Sec. 37. Minnesota Statutes 2014, section 256I.06, subdivision 2, is amended to read:
24.20    Subd. 2. Time of payment. A county agency may make payments to a group
24.21residence in advance for an individual whose stay in the group residence is expected
24.22to last beyond the calendar month for which the payment is made and who does not
24.23expect to receive countable earned income during the month for which the payment is
24.24made. Group residential housing payments made by a county agency on behalf of an
24.25individual who is not expected to remain in the group residence beyond the month for
24.26which payment is made must be made subsequent to the individual's departure from the
24.27group residence. Group residential housing payments made by a county agency on behalf
24.28of an individual with countable earned income must be made subsequent to receipt of a
24.29monthly household report form.
24.30EFFECTIVE DATE.This section is effective April 1, 2016.

24.31    Sec. 38. Minnesota Statutes 2014, section 256I.06, subdivision 6, is amended to read:
24.32    Subd. 6. Reports. Recipients must report changes in circumstances that affect
24.33eligibility or group residential housing payment amounts, other than changes in earned
25.1income, within ten days of the change. Recipients with countable earned income must
25.2complete a monthly household report form at least once every six months. If the report
25.3form is not received before the end of the month in which it is due, the county agency
25.4must terminate eligibility for group residential housing payments. The termination shall
25.5be effective on the first day of the month following the month in which the report was due.
25.6If a complete report is received within the month eligibility was terminated, the individual
25.7is considered to have continued an application for group residential housing payment
25.8effective the first day of the month the eligibility was terminated.
25.9EFFECTIVE DATE.This section is effective April 1, 2016.

25.10    Sec. 39. Minnesota Statutes 2014, section 256I.06, subdivision 7, is amended to read:
25.11    Subd. 7. Determination of rates. The agency in the county in which a group
25.12residence is located will shall determine the amount of group residential housing rate to
25.13be paid on behalf of an individual in the group residence regardless of the individual's
25.14county agency of financial responsibility.

25.15    Sec. 40. Minnesota Statutes 2014, section 256I.06, subdivision 8, is amended to read:
25.16    Subd. 8. Amount of group residential housing payment. (a) The amount of
25.17a group residential housing payment to be made on behalf of an eligible individual is
25.18determined by subtracting the individual's countable income under section 256I.04,
25.19subdivision 1
, for a whole calendar month from the group residential housing charge for
25.20that same month. The group residential housing charge is determined by multiplying the
25.21group residential housing rate times the period of time the individual was a resident or
25.22temporarily absent under section 256I.05, subdivision 1c, paragraph (d).
25.23(b) For an individual with earned income under paragraph (a), prospective budgeting
25.24must be used to determine the amount of the individual's payment for the following
25.25six-month period. An increase in income shall not affect an individual's eligibility or
25.26payment amount until the month following the reporting month. A decrease in income shall
25.27be effective the first day of the month after the month in which the decrease is reported.
25.28EFFECTIVE DATE.Paragraph (b) is effective April 1, 2016.

25.29    Sec. 41. Minnesota Statutes 2014, section 256J.21, subdivision 2, as amended by Laws
25.302015, chapter 21, article 1, section 60, is amended to read:
25.31    Subd. 2. Income exclusions. The following must be excluded in determining a
25.32family's available income:
26.1    (1) payments for basic care, difficulty of care, and clothing allowances received for
26.2providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
26.3to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care
26.4for children under section 260C.4411 or chapter 256N, and payments received and used
26.5for care and maintenance of a third-party beneficiary who is not a household member;
26.6    (2) reimbursements for employment training received through the Workforce
26.7Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
26.8    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
26.9services, jury duty, employment, or informal carpooling arrangements directly related to
26.10employment;
26.11    (4) all educational assistance, except the county agency must count graduate student
26.12teaching assistantships, fellowships, and other similar paid work as earned income and,
26.13after allowing deductions for any unmet and necessary educational expenses, shall
26.14count scholarships or grants awarded to graduate students that do not require teaching
26.15or research as unearned income;
26.16    (5) loans, regardless of purpose, from public or private lending institutions,
26.17governmental lending institutions, or governmental agencies;
26.18    (6) loans from private individuals, regardless of purpose, provided an applicant or
26.19participant documents that the lender expects repayment;
26.20    (7)(i) state income tax refunds; and
26.21    (ii) federal income tax refunds;
26.22    (8)(i) federal earned income credits;
26.23    (ii) Minnesota working family credits;
26.24    (iii) state homeowners and renters credits under chapter 290A; and
26.25    (iv) federal or state tax rebates;
26.26    (9) funds received for reimbursement, replacement, or rebate of personal or real
26.27property when these payments are made by public agencies, awarded by a court, solicited
26.28through public appeal, or made as a grant by a federal agency, state or local government,
26.29or disaster assistance organizations, subsequent to a presidential declaration of disaster;
26.30    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
26.31burial expenses, or to repair or replace insured property;
26.32    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
26.33    (12) payments by a vocational rehabilitation program administered by the state
26.34under chapter 268A, except those payments that are for current living expenses;
26.35    (13) in-kind income, including any payments directly made by a third party to a
26.36provider of goods and services;
27.1    (14) assistance payments to correct underpayments, but only for the month in which
27.2the payment is received;
27.3    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
27.4    (16) funeral and cemetery payments as provided by section 256.935;
27.5    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
27.6a calendar month;
27.7    (18) any form of energy assistance payment made through Public Law 97-35,
27.8Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
27.9providers by other public and private agencies, and any form of credit or rebate payment
27.10issued by energy providers;
27.11    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
27.12other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
27.13    (20) Minnesota supplemental aid, including retroactive payments;
27.14    (21) proceeds from the sale of real or personal property;
27.15    (22) adoption or kinship assistance payments under chapter 256N or 259A and
27.16Minnesota permanency demonstration title IV-E waiver payments;
27.17    (23) state-funded family subsidy program payments made under section 252.32 to
27.18help families care for children with developmental disabilities, consumer support grant
27.19funds under section 256.476, and resources and services for a disabled household member
27.20under one of the home and community-based waiver services programs under chapter 256B;
27.21    (24) interest payments and dividends from property that is not excluded from and
27.22that does not exceed the asset limit;
27.23    (25) rent rebates;
27.24    (26) income earned by a minor caregiver, minor child through age 6, or a minor
27.25child who is at least a half-time student in an approved elementary or secondary education
27.26program;
27.27    (27) income earned by a caregiver under age 20 who is at least a half-time student in
27.28an approved elementary or secondary education program;
27.29    (28) MFIP child care payments under section 119B.05;
27.30    (29) all other payments made through MFIP to support a caregiver's pursuit of
27.31greater economic stability;
27.32    (30) income a participant receives related to shared living expenses;
27.33    (31) reverse mortgages;
27.34    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
27.3542, chapter 13A, sections 1771 to 1790;
28.1    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
28.2United States Code, title 42, chapter 13A, section 1786;
28.3    (34) benefits from the National School Lunch Act, United States Code, title 42,
28.4chapter 13, sections 1751 to 1769e;
28.5    (35) relocation assistance for displaced persons under the Uniform Relocation
28.6Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
28.742, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
28.8Code, title 12, chapter 13, sections 1701 to 1750jj;
28.9    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
28.1012, part 2, sections 2271 to 2322;
28.11    (37) war reparations payments to Japanese Americans and Aleuts under United
28.12States Code, title 50, sections 1989 to 1989d;
28.13    (38) payments to veterans or their dependents as a result of legal settlements
28.14regarding Agent Orange or other chemical exposure under Public Law 101-239, section
28.1510405, paragraph (a)(2)(E);
28.16    (39) income that is otherwise specifically excluded from MFIP consideration in
28.17federal law, state law, or federal regulation;
28.18    (40) security and utility deposit refunds;
28.19    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
28.2098-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
28.21Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
28.22under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
28.23    (42) all income of the minor parent's parents and stepparents when determining the
28.24grant for the minor parent in households that include a minor parent living with parents or
28.25stepparents on MFIP with other children;
28.26    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
28.27federal poverty guideline for a family size not including the minor parent and the minor
28.28parent's child in households that include a minor parent living with parents or stepparents
28.29not on MFIP when determining the grant for the minor parent. The remainder of income is
28.30deemed as specified in section 256J.37, subdivision 1b;
28.31    (44) payments made to children eligible for relative custody assistance under section
28.32257.85 ;
28.33    (45) vendor payments for goods and services made on behalf of a client unless the
28.34client has the option of receiving the payment in cash;
28.35    (46) the principal portion of a contract for deed payment;
29.1    (47) cash payments to individuals enrolled for full-time service as a volunteer under
29.2AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
29.3National, and AmeriCorps NCCC; and
29.4    (48) housing assistance grants under section 256J.35, paragraph (a); and
29.5    (49) child support payments of up to $100 for an assistance unit with one child and
29.6up to $200 for an assistance unit with two or more children.

29.7    Sec. 42. Minnesota Statutes 2014, section 256J.24, subdivision 5a, is amended to read:
29.8    Subd. 5a. Food portion of MFIP transitional standard. The commissioner shall
29.9adjust the food portion of the MFIP transitional standard as needed to reflect adjustments
29.10to the Supplemental Nutrition Assistance Program and maintain compliance with federal
29.11waivers related to the Supplemental Nutrition Assistance Program under the United States
29.12Department of Agriculture. The commissioner shall publish the transitional standard
29.13including a breakdown of the cash and food portions for an assistance unit of sizes one to
29.14ten in the State Register whenever an adjustment is made.

29.15    Sec. 43. Minnesota Statutes 2014, section 256J.33, subdivision 4, is amended to read:
29.16    Subd. 4. Monthly income test. A county agency must apply the monthly income test
29.17retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when
29.18the countable income equals or exceeds the MFIP standard of need or the family wage level
29.19for the assistance unit. The income applied against the monthly income test must include:
29.20(1) gross earned income from employment, prior to mandatory payroll deductions,
29.21voluntary payroll deductions, wage authorizations, and after the disregards in section
29.22256J.21, subdivision 4 , and the allocations in section 256J.36, unless the employment
29.23income is specifically excluded under section 256J.21, subdivision 2;
29.24(2) gross earned income from self-employment less deductions for self-employment
29.25expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or
29.26business state and federal income taxes, personal FICA, personal health and life insurance,
29.27and after the disregards in section 256J.21, subdivision 4, and the allocations in section
29.28256J.36 ;
29.29(3) unearned income after deductions for allowable expenses in section 256J.37,
29.30subdivision 9
, and allocations in section 256J.36, unless the income has been specifically
29.31excluded in section 256J.21, subdivision 2;
29.32(4) gross earned income from employment as determined under clause (1) which
29.33is received by a member of an assistance unit who is a minor child or minor caregiver
29.34and less than a half-time student;
30.1(5) child support and received by an assistance unit, excluded under section 256J.21,
30.2subdivision 2, clause (49), or section 256P.06, subdivision 3, clause (2), item (xvi);
30.3(6) spousal support received by an assistance unit;
30.4(6) (7) the income of a parent when that parent is not included in the assistance unit;
30.5(7) (8) the income of an eligible relative and spouse who seek to be included in
30.6the assistance unit; and
30.7(8) (9) the unearned income of a minor child included in the assistance unit.

30.8    Sec. 44. Minnesota Statutes 2014, section 256K.45, subdivision 1a, is amended to read:
30.9    Subd. 1a. Definitions. (a) The definitions in this subdivision apply to this section.
30.10(b) "Commissioner" means the commissioner of human services.
30.11(c) "Homeless youth" means a person 21 24 years of age or younger who is
30.12unaccompanied by a parent or guardian and is without shelter where appropriate care and
30.13supervision are available, whose parent or legal guardian is unable or unwilling to provide
30.14shelter and care, or who lacks a fixed, regular, and adequate nighttime residence. The
30.15following are not fixed, regular, or adequate nighttime residences:
30.16(1) a supervised publicly or privately operated shelter designed to provide temporary
30.17living accommodations;
30.18(2) an institution or a publicly or privately operated shelter designed to provide
30.19temporary living accommodations;
30.20(3) transitional housing;
30.21(4) a temporary placement with a peer, friend, or family member that has not offered
30.22permanent residence, a residential lease, or temporary lodging for more than 30 days; or
30.23(5) a public or private place not designed for, nor ordinarily used as, a regular
30.24sleeping accommodation for human beings.
30.25Homeless youth does not include persons incarcerated or otherwise detained under
30.26federal or state law.
30.27(d) "Youth at risk of homelessness" means a person 21 24 years of age or younger
30.28whose status or circumstances indicate a significant danger of experiencing homelessness
30.29in the near future. Status or circumstances that indicate a significant danger may include:
30.30(1) youth exiting out-of-home placements; (2) youth who previously were homeless; (3)
30.31youth whose parents or primary caregivers are or were previously homeless; (4) youth
30.32who are exposed to abuse and neglect in their homes; (5) youth who experience conflict
30.33with parents due to chemical or alcohol dependency, mental health disabilities, or other
30.34disabilities; and (6) runaways.
31.1(e) "Runaway" means an unmarried child under the age of 18 years who is absent
31.2from the home of a parent or guardian or other lawful placement without the consent of
31.3the parent, guardian, or lawful custodian.

31.4    Sec. 45. Minnesota Statutes 2014, section 256K.45, subdivision 6, is amended to read:
31.5    Subd. 6. Funding. Funds appropriated for this section may be expended on
31.6programs described under subdivisions 3 to 5, technical assistance, and capacity building
31.7to meet the greatest need on a statewide basis. The commissioner will provide outreach,
31.8technical assistance, and program development support to increase capacity to new and
31.9existing service providers to better meet needs statewide, particularly in areas where
31.10services for homeless youth have not been established, especially in greater Minnesota.

31.11    Sec. 46. [256M.41] CHILD PROTECTION GRANT ALLOCATION.
31.12    Subdivision 1. Formula for county staffing funds. (a) The commissioner shall
31.13allocate state funds appropriated under this section to each county board on a calendar
31.14year basis in an amount determined according to the following formula:
31.15    (1) 50 percent must be distributed on the basis of the child population residing in the
31.16county as determined by the most recent data of the state demographer;
31.17    (2) 25 percent must be distributed on the basis of the number of screened-in
31.18reports of child maltreatment under sections 626.556 and 626.5561, and in the county as
31.19determined by the most recent data of the commissioner; and
31.20    (3) 25 percent must be distributed on the basis of the number of open child
31.21protection case management cases in the county as determined by the most recent data of
31.22the commissioner.
31.23    (b) Notwithstanding this subdivision, no county shall be awarded an allocation of
31.24less than $75,000.
31.25    Subd. 2. Prohibition on supplanting existing funds. Funds received under this
31.26section must be used to address staffing for child protection or expand child protection
31.27services. Funds must not be used to supplant current county expenditures for these
31.28purposes.
31.29    Subd. 3. Payments based on performance. (a) The commissioner shall make
31.30payments under this section to each county board on a calendar year basis in an amount
31.31determined under paragraph (b).
31.32    (b) Calendar year allocations under subdivision 1 shall be paid to counties in the
31.33following manner:
32.1    (1) 80 percent of the allocation as determined in subdivision 1 must be paid to
32.2counties on or before July 10 of each year;
32.3    (2) ten percent of the allocation shall be withheld until the commissioner determines
32.4if the county has met the performance outcome threshold of 90 percent based on
32.5face-to-face contact with alleged child victims. In order to receive the performance
32.6allocation, the county child protection workers must have a timely face-to-face contact
32.7with at least 90 percent of all alleged child victims of screened-in maltreatment reports.
32.8The standard requires that each initial face-to-face contact occur consistent with timelines
32.9defined in section 626.556, subdivision 10, paragraph (i). The commissioner shall make
32.10threshold determinations in January of each year and payments to counties meeting the
32.11performance outcome threshold shall occur in February of each year. Any withheld funds
32.12from this appropriation for counties that do not meet this requirement shall be reallocated
32.13by the commissioner to those counties meeting the requirement; and
32.14(3) ten percent of the allocation shall be withheld until the commissioner determines
32.15that the county has met the performance outcome threshold of 90 percent based on
32.16face-to-face visits by the case manager. In order to receive the performance allocation, the
32.17total number of visits made by caseworkers on a monthly basis to children in foster care
32.18and children receiving child protection services while residing in their home must be at
32.19least 90 percent of the total number of such visits that would occur if every child were
32.20visited once per month. The commissioner shall make such determinations in January
32.21of each year and payments to counties meeting the performance outcome threshold
32.22shall occur in February of each year. Any withheld funds from this appropriation for
32.23counties that do not meet this requirement shall be reallocated by the commissioner to
32.24those counties meeting the requirement. For 2015, the commissioner shall only apply
32.25the standard for monthly foster care visits.
32.26(c) The commissioner shall work with stakeholders and the Human Services
32.27Performance Council under section 402A.16 to develop recommendations for specific
32.28outcome measures that counties should meet in order to receive funds withheld under
32.29paragraph (b), and include in those recommendations a determination as to whether
32.30the performance measures under paragraph (b) should be modified or phased out. The
32.31commissioner shall report the recommendations to the legislative committees having
32.32jurisdiction over child protection issues by January 1, 2018.

32.33    Sec. 47. Minnesota Statutes 2014, section 256N.22, subdivision 9, is amended to read:
32.34    Subd. 9. Death or incapacity of relative custodian or dissolution modification
32.35of custody. The Northstar kinship assistance agreement ends upon death or dissolution
33.1incapacity of the relative custodian or modification of the order for permanent legal and
33.2physical custody of both relative custodians in the case of assignment of custody to two
33.3individuals, or the sole relative custodian in the case of assignment of custody to one
33.4individual in which legal or physical custody is removed from the relative custodian.
33.5In the case of a relative custodian's death or incapacity, Northstar kinship assistance
33.6eligibility may be continued according to subdivision 10.

33.7    Sec. 48. Minnesota Statutes 2014, section 256N.22, subdivision 10, is amended to read:
33.8    Subd. 10. Assigning a successor relative custodian for a child's Northstar
33.9kinship assistance to a court-appointed guardian or custodian. (a) Northstar kinship
33.10assistance may be continued with the written consent of the commissioner to In the event
33.11of the death or incapacity of the relative custodian, eligibility for Northstar kinship
33.12assistance and title IV-E assistance, if applicable, is not affected if the relative custodian
33.13is replaced by a successor named in the Northstar kinship assistance benefit agreement.
33.14Northstar kinship assistance shall be paid to a named successor who is not the child's legal
33.15parent, biological parent or stepparent, or other adult living in the home of the legal parent,
33.16biological parent, or stepparent.
33.17(b) In order to receive Northstar kinship assistance, a named successor must:
33.18(1) meet the background study requirements in subdivision 4;
33.19(2) renegotiate the agreement consistent with section 256N.25, subdivision 2,
33.20including cooperating with an assessment under section 256N.24;
33.21(3) be ordered by the court to be the child's legal relative custodian in a modification
33.22proceeding under section 260C.521, subdivision 2; and
33.23(4) satisfy the requirements in this paragraph within one year of the relative
33.24custodian's death or incapacity unless the commissioner certifies that the named successor
33.25made reasonable attempts to satisfy the requirements within one year and failure to satisfy
33.26the requirements was not the responsibility of the named successor.
33.27(c) Payment of Northstar kinship assistance to the successor guardian may be
33.28temporarily approved through the policies, procedures, requirements, and deadlines under
33.29section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the
33.30requirements in paragraph (b) are satisfied.
33.31(d) Continued payment of Northstar kinship assistance may occur in the event of the
33.32death or incapacity of the relative custodian when no successor has been named in the
33.33benefit agreement when the commissioner gives written consent to an individual who is a
33.34guardian or custodian appointed by a court for the child upon the death of both relative
33.35custodians in the case of assignment of custody to two individuals, or the sole relative
34.1custodian in the case of assignment of custody to one individual, unless the child is under
34.2the custody of a county, tribal, or child-placing agency.
34.3(b) (e) Temporary assignment of Northstar kinship assistance may be approved
34.4for a maximum of six consecutive months from the death or incapacity of the relative
34.5custodian or custodians as provided in paragraph (a) and must adhere to the policies and,
34.6procedures, requirements, and deadlines under section 256N.28, subdivision 2, that are
34.7prescribed by the commissioner. If a court has not appointed a permanent legal guardian
34.8or custodian within six months, the Northstar kinship assistance must terminate and must
34.9not be resumed.
34.10(c) (f) Upon assignment of assistance payments under this subdivision paragraphs
34.11(d) and (e), assistance must be provided from funds other than title IV-E.

34.12    Sec. 49. Minnesota Statutes 2014, section 256N.24, subdivision 4, is amended to read:
34.13    Subd. 4. Extraordinary levels. (a) The assessment tool established under
34.14subdivision 2 must provide a mechanism through which up to five levels can be added
34.15to the supplemental difficulty of care for a particular child under section 256N.26,
34.16subdivision 4. In establishing the assessment tool, the commissioner must design the tool
34.17so that the levels applicable to the portions of the assessment other than the extraordinary
34.18levels can accommodate the requirements of this subdivision.
34.19(b) These extraordinary levels are available when all of the following circumstances
34.20apply:
34.21(1) the child has extraordinary needs as determined by the assessment tool provided
34.22for under subdivision 2, and the child meets other requirements established by the
34.23commissioner, such as a minimum score on the assessment tool;
34.24(2) the child's extraordinary needs require extraordinary care and intense supervision
34.25that is provided by the child's caregiver as part of the parental duties as described in the
34.26supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
34.27care provided by the caregiver is required so that the child can be safely cared for in the
34.28home and community, and prevents residential placement;
34.29(3) the child is physically living in a foster family setting, as defined in Minnesota
34.30Rules, part 2960.3010, subpart 23, in a foster residence setting, or physically living in the
34.31home with the adoptive parent or relative custodian; and
34.32(4) the child is receiving the services for which the child is eligible through medical
34.33assistance programs or other programs that provide necessary services for children with
34.34disabilities or other medical and behavioral conditions to live with the child's family, but
34.35the agency with caregiver's input has identified a specific support gap that cannot be met
35.1through home and community support waivers or other programs that are designed to
35.2provide support for children with special needs.
35.3(c) The agency completing an assessment, under subdivision 2, that suggests an
35.4extraordinary level must document as part of the assessment, the following:
35.5(1) the assessment tool that determined that the child's needs or disabilities require
35.6extraordinary care and intense supervision;
35.7(2) a summary of the extraordinary care and intense supervision that is provided by
35.8the caregiver as part of the parental duties as described in the supplemental difficulty of
35.9care rate, section 256N.02, subdivision 21;
35.10(3) confirmation that the child is currently physically residing in the foster family
35.11setting or in the home with the adoptive parent or relative custodian;
35.12(4) the efforts of the agency, caregiver, parents, and others to request support services
35.13in the home and community that would ease the degree of parental duties provided by the
35.14caregiver for the care and supervision of the child. This would include documentation of
35.15the services provided for the child's needs or disabilities, and the services that were denied
35.16or not available from the local social service agency, community agency, the local school
35.17district, local public health department, the parent, or child's medical insurance provider;
35.18(5) the specific support gap identified that places the child's safety and well-being at
35.19risk in the home or community and is necessary to prevent residential placement; and
35.20(6) the extraordinary care and intense supervision provided by the foster, adoptive,
35.21or guardianship caregivers to maintain the child safely in the child's home and prevent
35.22residential placement that cannot be supported by medical assistance or other programs
35.23that provide services, necessary care for children with disabilities, or other medical or
35.24behavioral conditions in the home or community.
35.25(d) An agency completing an assessment under subdivision 2 that suggests
35.26an extraordinary level is appropriate must forward the assessment and required
35.27documentation to the commissioner. If the commissioner approves, the extraordinary
35.28levels must be retroactive to the date the assessment was forwarded.

35.29    Sec. 50. Minnesota Statutes 2014, section 256N.25, subdivision 1, is amended to read:
35.30    Subdivision 1. Agreement; Northstar kinship assistance; adoption assistance. (a)
35.31In order to receive Northstar kinship assistance or adoption assistance benefits on behalf
35.32of an eligible child, a written, binding agreement between the caregiver or caregivers,
35.33the financially responsible agency, or, if there is no financially responsible agency, the
35.34agency designated by the commissioner, and the commissioner must be established prior
35.35to finalization of the adoption or a transfer of permanent legal and physical custody. The
36.1agreement must be negotiated with the caregiver or caregivers under subdivision 2 and
36.2renegotiated under subdivision 3, if applicable.
36.3(b) The agreement must be on a form approved by the commissioner and must
36.4specify the following:
36.5(1) duration of the agreement;
36.6(2) the nature and amount of any payment, services, and assistance to be provided
36.7under such agreement;
36.8(3) the child's eligibility for Medicaid services;
36.9(4) the terms of the payment, including any child care portion as specified in section
36.10256N.24, subdivision 3 ;
36.11(5) eligibility for reimbursement of nonrecurring expenses associated with adopting
36.12or obtaining permanent legal and physical custody of the child, to the extent that the
36.13total cost does not exceed $2,000 per child;
36.14(6) that the agreement must remain in effect regardless of the state of which the
36.15adoptive parents or relative custodians are residents at any given time;
36.16(7) provisions for modification of the terms of the agreement, including renegotiation
36.17of the agreement; and
36.18(8) the effective date of the agreement; and
36.19(9) the successor relative custodian or custodians for Northstar kinship assistance,
36.20when applicable. The successor relative custodian or custodians may be added or changed
36.21by mutual agreement under subdivision 3.
36.22(c) The caregivers, the commissioner, and the financially responsible agency, or, if
36.23there is no financially responsible agency, the agency designated by the commissioner, must
36.24sign the agreement. A copy of the signed agreement must be given to each party. Once
36.25signed by all parties, the commissioner shall maintain the official record of the agreement.
36.26(d) The effective date of the Northstar kinship assistance agreement must be the date
36.27of the court order that transfers permanent legal and physical custody to the relative. The
36.28effective date of the adoption assistance agreement is the date of the finalized adoption
36.29decree.
36.30(e) Termination or disruption of the preadoptive placement or the foster care
36.31placement prior to assignment of custody makes the agreement with that caregiver void.

36.32    Sec. 51. Minnesota Statutes 2014, section 256N.27, subdivision 2, is amended to read:
36.33    Subd. 2. State share. The commissioner shall pay the state share of the maintenance
36.34payments as determined under subdivision 4, and an identical share of the pre-Northstar
36.35Care foster care program under section 260C.4411, subdivision 1, the relative custody
37.1assistance program under section 257.85, and the pre-Northstar Care for Children adoption
37.2assistance program under chapter 259A. The commissioner may transfer funds into the
37.3account if a deficit occurs.

37.4    Sec. 52. Minnesota Statutes 2014, section 257.75, subdivision 3, is amended to read:
37.5    Subd. 3. Effect of recognition. (a) Subject to subdivision 2 and section 257.55,
37.6subdivision 1
, paragraph (g) or (h), the recognition has the force and effect of a judgment or
37.7order determining the existence of the parent and child relationship under section 257.66. If
37.8the conditions in section 257.55, subdivision 1, paragraph (g) or (h), exist, the recognition
37.9creates only a presumption of paternity for purposes of sections 257.51 to 257.74. Once a
37.10recognition has been properly executed and filed with the state registrar of vital statistics,
37.11if there are no competing presumptions of paternity, a judicial or administrative court may
37.12not allow further action to determine parentage regarding the signator of the recognition.
37.13An action to determine custody and parenting time may be commenced pursuant to
37.14chapter 518 without an adjudication of parentage. Until an a temporary or permanent
37.15order is entered granting custody to another, the mother has sole custody.
37.16(b) Following commencement of an action to determine custody or parenting time
37.17under chapter 518, the court may, pursuant to section 518.131, grant temporary parenting
37.18time rights and temporary custody to either parent.
37.19(c) The recognition is:
37.20(1) a basis for bringing an action for the following:
37.21(i) to award temporary custody or parenting time pursuant to section 518.131;
37.22(ii) to award permanent custody or parenting time to either parent,;
37.23(iii) establishing a child support obligation which may include up to the two years
37.24immediately preceding the commencement of the action,;
37.25(iv) ordering a contribution by a parent under section 256.87, or;
37.26(v) ordering a contribution to the reasonable expenses of the mother's pregnancy and
37.27confinement, as provided under section 257.66, subdivision 3,; or
37.28(vi) ordering reimbursement for the costs of blood or genetic testing, as provided
37.29under section 257.69, subdivision 2;
37.30(2) determinative for all other purposes related to the existence of the parent and
37.31child relationship; and
37.32(3) entitled to full faith and credit in other jurisdictions.
37.33EFFECTIVE DATE.This section is effective March 1, 2016.

37.34    Sec. 53. Minnesota Statutes 2014, section 257.75, subdivision 5, is amended to read:
38.1    Subd. 5. Recognition form. (a) The commissioner of human services shall prepare
38.2a form for the recognition of parentage under this section. In preparing the form, the
38.3commissioner shall consult with the individuals specified in subdivision 6. The recognition
38.4form must be drafted so that the force and effect of the recognition, the alternatives to
38.5executing a recognition, and the benefits and responsibilities of establishing paternity, and
38.6the limitations of the recognition of parentage for purposes of exercising and enforcing
38.7custody or parenting time are clear and understandable. The form must include a notice
38.8regarding the finality of a recognition and the revocation procedure under subdivision
38.92. The form must include a provision for each parent to verify that the parent has read
38.10or viewed the educational materials prepared by the commissioner of human services
38.11describing the recognition of paternity. The individual providing the form to the parents
38.12for execution shall provide oral notice of the rights, responsibilities, and alternatives to
38.13executing the recognition. Notice may be provided by audiotape, videotape, or similar
38.14means. Each parent must receive a copy of the recognition.
38.15(b) The form must include the following:
38.16(1) a notice regarding the finality of a recognition and the revocation procedure
38.17under subdivision 2;
38.18(2) a notice, in large print, that the recognition does not establish an enforceable right
38.19to legal custody, physical custody, or parenting time until such rights are awarded pursuant
38.20to a court action to establish custody and parenting time;
38.21(3) a notice stating that when a court awards custody and parenting time under
38.22chapter 518, there is no presumption for or against joint physical custody, except when
38.23domestic abuse, as defined in section 518B.01, subdivision 2, paragraph (a), has occurred
38.24between the parties;
38.25(4) a notice that the recognition of parentage is a basis for:
38.26(i) bringing a court action to award temporary or permanent custody or parenting time;
38.27(ii) establishing a child support obligation that may include the two years
38.28immediately preceding the commencement of the action;
38.29(iii) ordering a contribution by a parent under section 256.87;
38.30(iv) ordering a contribution to the reasonable expenses of the mother's pregnancy
38.31and confinement, as provided under section 257.66, subdivision 3; and
38.32(v) ordering reimbursement for the costs of blood or genetic testing, as provided
38.33under section 257.69, subdivision 2; and
38.34(5) a provision for each parent to verify that the parent has read or viewed the
38.35educational materials prepared by the commissioner of human services describing the
38.36recognition of paternity.
39.1(c) The individual providing the form to the parents for execution shall provide oral
39.2notice of the rights, responsibilities, and alternatives to executing the recognition. Notice
39.3may be provided in audio or video format, or by other similar means. Each parent must
39.4receive a copy of the recognition.
39.5EFFECTIVE DATE.This section is effective March 1, 2016.

39.6    Sec. 54. Minnesota Statutes 2014, section 259A.75, is amended to read:
39.7259A.75 REIMBURSEMENT OF CERTAIN AGENCY COSTS; PURCHASE
39.8OF SERVICE CONTRACTS AND TRIBAL CUSTOMARY ADOPTIONS.
39.9    Subdivision 1. General information. (a) Subject to the procedures required by
39.10the commissioner and the provisions of this section, a Minnesota county or tribal social
39.11services agency shall receive a reimbursement from the commissioner equal to 100 percent
39.12of the reasonable and appropriate cost for contracted adoption placement services identified
39.13for a specific child that are not reimbursed under other federal or state funding sources.
39.14(b) The commissioner may spend up to $16,000 for each purchase of service
39.15contract. Only one contract per child per adoptive placement is permitted. Funds
39.16encumbered and obligated under the contract for the child remain available until the terms
39.17of the contract are fulfilled or the contract is terminated.
39.18(c) The commissioner shall set aside an amount not to exceed five percent of the
39.19total amount of the fiscal year appropriation from the state for the adoption assistance
39.20program to reimburse a Minnesota county or tribal social services placing agencies agency
39.21for child-specific adoption placement services. When adoption assistance payments for
39.22children's needs exceed 95 percent of the total amount of the fiscal year appropriation from
39.23the state for the adoption assistance program, the amount of reimbursement available to
39.24placing agencies for adoption services is reduced correspondingly.
39.25    Subd. 2. Purchase of service contract child eligibility criteria. (a) A child who is
39.26the subject of a purchase of service contract must:
39.27(1) have the goal of adoption, which may include an adoption in accordance with
39.28tribal law;
39.29(2) be under the guardianship of the commissioner of human services or be a ward of
39.30tribal court pursuant to section 260.755, subdivision 20; and
39.31(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
39.32(b) A child under the guardianship of the commissioner must have an identified
39.33adoptive parent and a fully executed adoption placement agreement according to section
39.34260C.613, subdivision 1 , paragraph (a).
40.1    Subd. 3. Agency eligibility criteria. (a) A Minnesota county or tribal social
40.2services agency shall receive reimbursement for child-specific adoption placement
40.3services for an eligible child that it purchases from a private adoption agency licensed in
40.4Minnesota or any other state or tribal social services agency.
40.5(b) Reimbursement for adoption services is available only for services provided
40.6prior to the date of the adoption decree.
40.7    Subd. 4. Application and eligibility determination. (a) A county or tribal social
40.8services agency may request reimbursement of costs for adoption placement services by
40.9submitting a complete purchase of service application, according to the requirements and
40.10procedures and on forms prescribed by the commissioner.
40.11(b) The commissioner shall determine eligibility for reimbursement of adoption
40.12placement services. If determined eligible, the commissioner of human services shall
40.13sign the purchase of service agreement, making this a fully executed contract. No
40.14reimbursement under this section shall be made to an agency for services provided prior to
40.15the fully executed contract.
40.16(c) Separate purchase of service agreements shall be made, and separate records
40.17maintained, on each child. Only one agreement per child per adoptive placement is
40.18permitted. For siblings who are placed together, services shall be planned and provided to
40.19best maximize efficiency of the contracted hours.
40.20    Subd. 5. Reimbursement process. (a) The agency providing adoption services is
40.21responsible to track and record all service activity, including billable hours, on a form
40.22prescribed by the commissioner. The agency shall submit this form to the state for
40.23reimbursement after services have been completed.
40.24(b) The commissioner shall make the final determination whether or not the
40.25requested reimbursement costs are reasonable and appropriate and if the services have
40.26been completed according to the terms of the purchase of service agreement.
40.27    Subd. 6. Retention of purchase of service records. Agencies entering into
40.28purchase of service contracts shall keep a copy of the agreements, service records, and all
40.29applicable billing and invoicing according to the department's record retention schedule.
40.30Agency records shall be provided upon request by the commissioner.
40.31    Subd. 7. Tribal customary adoptions. (a) The commissioner shall enter into
40.32grant contracts with Minnesota tribal social services agencies to provide child-specific
40.33recruitment and adoption placement services for Indian children under the jurisdiction
40.34of tribal court.
40.35(b) Children served under these grant contracts must meet the child eligibility
40.36criteria in subdivision 2.

41.1    Sec. 55. Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:
41.2    Subd. 27. Relative. "Relative" means a person related to the child by blood,
41.3marriage, or adoption,; the legal parent, guardian, or custodian of the child's siblings; or an
41.4individual who is an important friend with whom the child has resided or had significant
41.5contact. For an Indian child, relative includes members of the extended family as defined
41.6by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
41.7nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978,
41.8United States Code, title 25, section 1903.

41.9    Sec. 56. Minnesota Statutes 2014, section 260C.007, subdivision 32, is amended to read:
41.10    Subd. 32. Sibling. "Sibling" means one of two or more individuals who have one or
41.11both parents in common through blood, marriage, or adoption, including. This includes
41.12siblings as defined by the child's tribal code or custom. Sibling also includes an individual
41.13who would have been considered a sibling but for a termination of parental rights of one
41.14or both parents, suspension of parental rights under tribal code, or other disruption of
41.15parental rights such as the death of a parent.

41.16    Sec. 57. Minnesota Statutes 2014, section 260C.203, is amended to read:
41.17260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.
41.18    (a) Unless the court is conducting the reviews required under section 260C.202,
41.19there shall be an administrative review of the out-of-home placement plan of each child
41.20placed in foster care no later than 180 days after the initial placement of the child in foster
41.21care and at least every six months thereafter if the child is not returned to the home of the
41.22parent or parents within that time. The out-of-home placement plan must be monitored and
41.23updated at each administrative review. The administrative review shall be conducted by
41.24the responsible social services agency using a panel of appropriate persons at least one of
41.25whom is not responsible for the case management of, or the delivery of services to, either
41.26the child or the parents who are the subject of the review. The administrative review shall
41.27be open to participation by the parent or guardian of the child and the child, as appropriate.
41.28    (b) As an alternative to the administrative review required in paragraph (a), the court
41.29may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
41.30Procedure, conduct a hearing to monitor and update the out-of-home placement plan
41.31pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
41.32(d). The party requesting review of the out-of-home placement plan shall give parties to
41.33the proceeding notice of the request to review and update the out-of-home placement
41.34plan. A court review conducted pursuant to section 260C.141, subdivision 2; 260C.193;
42.1260C.201 , subdivision 1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the
42.2requirement for the review so long as the other requirements of this section are met.
42.3    (c) As appropriate to the stage of the proceedings and relevant court orders, the
42.4responsible social services agency or the court shall review:
42.5    (1) the safety, permanency needs, and well-being of the child;
42.6    (2) the continuing necessity for and appropriateness of the placement;
42.7    (3) the extent of compliance with the out-of-home placement plan;
42.8    (4) the extent of progress that has been made toward alleviating or mitigating the
42.9causes necessitating placement in foster care;
42.10    (5) the projected date by which the child may be returned to and safely maintained in
42.11the home or placed permanently away from the care of the parent or parents or guardian; and
42.12    (6) the appropriateness of the services provided to the child.
42.13    (d) When a child is age 16 14 or older, in addition to any administrative review
42.14conducted by the agency, at the in-court review required under section 260C.317,
42.15subdivision 3, clause (3), or 260C.515, subdivision 5 or 6, the court shall review the
42.16independent living plan required under section 260C.212, subdivision 1, paragraph (c),
42.17clause (11) (12), and the provision of services to the child related to the well-being of
42.18the child as the child prepares to leave foster care. The review shall include the actual
42.19plans related to each item in the plan necessary to the child's future safety and well-being
42.20when the child is no longer in foster care.
42.21    (e) At the court review required under paragraph (d) for a child age 16 14 or older,
42.22the following procedures apply:
42.23(1) six months before the child is expected to be discharged from foster care, the
42.24responsible social services agency shall give the written notice required under section
42.25260C.451 , subdivision 1, regarding the right to continued access to services for certain
42.26children in foster care past age 18 and of the right to appeal a denial of social services
42.27under section 256.045. The agency shall file a copy of the notice, including the right to
42.28appeal a denial of social services, with the court. If the agency does not file the notice by
42.29the time the child is age 17-1/2, the court shall require the agency to give it;
42.30    (2) consistent with the requirements of the independent living plan, the court shall
42.31review progress toward or accomplishment of the following goals:
42.32    (i) the child has obtained a high school diploma or its equivalent;
42.33    (ii) the child has completed a driver's education course or has demonstrated the
42.34ability to use public transportation in the child's community;
42.35    (iii) the child is employed or enrolled in postsecondary education;
43.1    (iv) the child has applied for and obtained postsecondary education financial aid for
43.2which the child is eligible;
43.3    (v) the child has health care coverage and health care providers to meet the child's
43.4physical and mental health needs;
43.5    (vi) the child has applied for and obtained disability income assistance for which
43.6the child is eligible;
43.7    (vii) the child has obtained affordable housing with necessary supports, which does
43.8not include a homeless shelter;
43.9    (viii) the child has saved sufficient funds to pay for the first month's rent and a
43.10damage deposit;
43.11    (ix) the child has an alternative affordable housing plan, which does not include a
43.12homeless shelter, if the original housing plan is unworkable;
43.13    (x) the child, if male, has registered for the Selective Service; and
43.14    (xi) the child has a permanent connection to a caring adult; and
43.15    (3) the court shall ensure that the responsible agency in conjunction with the
43.16placement provider assists the child in obtaining the following documents prior to the
43.17child's leaving foster care: a Social Security card; the child's birth certificate; a state
43.18identification card or driver's license, tribal enrollment identification card, green card, or
43.19school visa; the child's school, medical, and dental records; a contact list of the child's
43.20medical, dental, and mental health providers; and contact information for the child's
43.21siblings, if the siblings are in foster care.
43.22    (f) For a child who will be discharged from foster care at age 18 or older, the
43.23responsible social services agency is required to develop a personalized transition plan as
43.24directed by the youth. The transition plan must be developed during the 90-day period
43.25immediately prior to the expected date of discharge. The transition plan must be as
43.26detailed as the child may elect and include specific options on housing, health insurance,
43.27education, local opportunities for mentors and continuing support services, and work force
43.28supports and employment services. The agency shall ensure that the youth receives, at
43.29no cost to the youth, a copy of the youth's consumer credit report as defined in section
43.3013C.001 and assistance in interpreting and resolving any inaccuracies in the report. The
43.31plan must include information on the importance of designating another individual to
43.32make health care treatment decisions on behalf of the child if the child becomes unable
43.33to participate in these decisions and the child does not have, or does not want, a relative
43.34who would otherwise be authorized to make these decisions. The plan must provide the
43.35child with the option to execute a health care directive as provided under chapter 145C.
44.1The agency shall also provide the youth with appropriate contact information if the youth
44.2needs more information or needs help dealing with a crisis situation through age 21.

44.3    Sec. 58. Minnesota Statutes 2014, section 260C.212, subdivision 1, is amended to read:
44.4    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
44.5shall be prepared within 30 days after any child is placed in foster care by court order or a
44.6voluntary placement agreement between the responsible social services agency and the
44.7child's parent pursuant to section 260C.227 or chapter 260D.
44.8    (b) An out-of-home placement plan means a written document which is prepared
44.9by the responsible social services agency jointly with the parent or parents or guardian
44.10of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
44.11child is an Indian child, the child's foster parent or representative of the foster care facility,
44.12and, where appropriate, the child. When a child is age 14 or older, the child may include
44.13two other individuals on the team preparing the child's out-of-home placement plan. For
44.14a child in voluntary foster care for treatment under chapter 260D, preparation of the
44.15out-of-home placement plan shall additionally include the child's mental health treatment
44.16provider. As appropriate, the plan shall be:
44.17    (1) submitted to the court for approval under section 260C.178, subdivision 7;
44.18    (2) ordered by the court, either as presented or modified after hearing, under section
44.19260C.178 , subdivision 7, or 260C.201, subdivision 6; and
44.20    (3) signed by the parent or parents or guardian of the child, the child's guardian ad
44.21litem, a representative of the child's tribe, the responsible social services agency, and, if
44.22possible, the child.
44.23    (c) The out-of-home placement plan shall be explained to all persons involved in its
44.24implementation, including the child who has signed the plan, and shall set forth:
44.25    (1) a description of the foster care home or facility selected, including how the
44.26out-of-home placement plan is designed to achieve a safe placement for the child in the
44.27least restrictive, most family-like, setting available which is in close proximity to the home
44.28of the parent or parents or guardian of the child when the case plan goal is reunification,
44.29and how the placement is consistent with the best interests and special needs of the child
44.30according to the factors under subdivision 2, paragraph (b);
44.31    (2) the specific reasons for the placement of the child in foster care, and when
44.32reunification is the plan, a description of the problems or conditions in the home of the
44.33parent or parents which necessitated removal of the child from home and the changes the
44.34parent or parents must make in order for the child to safely return home;
45.1    (3) a description of the services offered and provided to prevent removal of the child
45.2from the home and to reunify the family including:
45.3    (i) the specific actions to be taken by the parent or parents of the child to eliminate
45.4or correct the problems or conditions identified in clause (2), and the time period during
45.5which the actions are to be taken; and
45.6    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
45.7to achieve a safe and stable home for the child including social and other supportive
45.8services to be provided or offered to the parent or parents or guardian of the child, the
45.9child, and the residential facility during the period the child is in the residential facility;
45.10    (4) a description of any services or resources that were requested by the child or the
45.11child's parent, guardian, foster parent, or custodian since the date of the child's placement
45.12in the residential facility, and whether those services or resources were provided and if
45.13not, the basis for the denial of the services or resources;
45.14    (5) the visitation plan for the parent or parents or guardian, other relatives as defined
45.15in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
45.16together in foster care, and whether visitation is consistent with the best interest of the
45.17child, during the period the child is in foster care;
45.18    (6) when a child cannot return to or be in the care of either parent, documentation
45.19of steps to finalize adoption as the permanency plan for the child, including: (i) through
45.20reasonable efforts to place the child for adoption. At a minimum, the documentation must
45.21include consideration of whether adoption is in the best interests of the child, child-specific
45.22recruitment efforts such as relative search and the use of state, regional, and national
45.23adoption exchanges to facilitate orderly and timely placements in and outside of the state.
45.24A copy of this documentation shall be provided to the court in the review required under
45.25section 260C.317, subdivision 3, paragraph (b); and
45.26    (ii) documentation necessary to support the requirements of the kinship placement
45.27agreement under section 256N.22 when adoption is determined not to be in the child's
45.28best interests; (7) when a child cannot return to or be in the care of either parent,
45.29documentation of steps to finalize the transfer of permanent legal and physical custody
45.30to a relative as the permanency plan for the child. This documentation must support the
45.31requirements of the kinship placement agreement under section 256N.22 and must include
45.32the reasonable efforts used to determine that it is not appropriate for the child to return
45.33home or be adopted, and reasons why permanent placement with a relative through a
45.34Northstar kinship assistance arrangement is in the child's best interest; how the child meets
45.35the eligibility requirements for Northstar kinship assistance payments; agency efforts to
45.36discuss adoption with the child's relative foster parent and reasons why the relative foster
46.1parent chose not to pursue adoption, if applicable; and agency efforts to discuss with the
46.2child's parent or parents the permanent transfer of permanent legal and physical custody or
46.3the reasons why these efforts were not made;
46.4    (7) (8) efforts to ensure the child's educational stability while in foster care, including:
46.5(i) efforts to ensure that the child remains in the same school in which the child was
46.6enrolled prior to placement or upon the child's move from one placement to another,
46.7including efforts to work with the local education authorities to ensure the child's
46.8educational stability; or
46.9(ii) if it is not in the child's best interest to remain in the same school that the child
46.10was enrolled in prior to placement or move from one placement to another, efforts to
46.11ensure immediate and appropriate enrollment for the child in a new school;
46.12(8) (9) the educational records of the child including the most recent information
46.13available regarding:
46.14    (i) the names and addresses of the child's educational providers;
46.15    (ii) the child's grade level performance;
46.16    (iii) the child's school record;
46.17    (iv) a statement about how the child's placement in foster care takes into account
46.18proximity to the school in which the child is enrolled at the time of placement; and
46.19(v) any other relevant educational information;
46.20    (9) (10) the efforts by the local agency to ensure the oversight and continuity of
46.21health care services for the foster child, including:
46.22(i) the plan to schedule the child's initial health screens;
46.23(ii) how the child's known medical problems and identified needs from the screens,
46.24including any known communicable diseases, as defined in section 144.4172, subdivision
46.252, will be monitored and treated while the child is in foster care;
46.26(iii) how the child's medical information will be updated and shared, including
46.27the child's immunizations;
46.28(iv) who is responsible to coordinate and respond to the child's health care needs,
46.29including the role of the parent, the agency, and the foster parent;
46.30(v) who is responsible for oversight of the child's prescription medications;
46.31(vi) how physicians or other appropriate medical and nonmedical professionals
46.32will be consulted and involved in assessing the health and well-being of the child and
46.33determine the appropriate medical treatment for the child; and
46.34(vii) the responsibility to ensure that the child has access to medical care through
46.35either medical insurance or medical assistance;
46.36(10) (11) the health records of the child including information available regarding:
47.1(i) the names and addresses of the child's health care and dental care providers;
47.2(ii) a record of the child's immunizations;
47.3(iii) the child's known medical problems, including any known communicable
47.4diseases as defined in section 144.4172, subdivision 2;
47.5(iv) the child's medications; and
47.6(v) any other relevant health care information such as the child's eligibility for
47.7medical insurance or medical assistance;
47.8(11) (12) an independent living plan for a child age 16 14 or older. The plan should
47.9include, but not be limited to, the following objectives:
47.10    (i) educational, vocational, or employment planning;
47.11    (ii) health care planning and medical coverage;
47.12    (iii) transportation including, where appropriate, assisting the child in obtaining a
47.13driver's license;
47.14    (iv) money management, including the responsibility of the agency to ensure that
47.15the youth annually receives, at no cost to the youth, a consumer report as defined under
47.16section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
47.17    (v) planning for housing;
47.18    (vi) social and recreational skills; and
47.19    (vii) establishing and maintaining connections with the child's family and
47.20community; and
47.21    (viii) regular opportunities to engage in age-appropriate or developmentally
47.22appropriate activities typical for the child's age group, taking into consideration the
47.23capacities of the individual child; and
47.24    (12) (13) for a child in voluntary foster care for treatment under chapter 260D,
47.25diagnostic and assessment information, specific services relating to meeting the mental
47.26health care needs of the child, and treatment outcomes.
47.27    (d) The parent or parents or guardian and the child each shall have the right to legal
47.28counsel in the preparation of the case plan and shall be informed of the right at the time
47.29of placement of the child. The child shall also have the right to a guardian ad litem.
47.30If unable to employ counsel from their own resources, the court shall appoint counsel
47.31upon the request of the parent or parents or the child or the child's legal guardian. The
47.32parent or parents may also receive assistance from any person or social services agency
47.33in preparation of the case plan.
47.34    After the plan has been agreed upon by the parties involved or approved or ordered
47.35by the court, the foster parents shall be fully informed of the provisions of the case plan
47.36and shall be provided a copy of the plan.
48.1    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
48.2physical custodian, as appropriate, and the child, if appropriate, must be provided with
48.3a current copy of the child's health and education record.

48.4    Sec. 59. Minnesota Statutes 2014, section 260C.212, is amended by adding a
48.5subdivision to read:
48.6    Subd. 13. Protecting missing and runaway children and youth at risk of sex
48.7trafficking. (a) The local social services agency shall expeditiously locate any child
48.8missing from foster care.
48.9(b) The local social services agency shall report immediately, but no later than
48.1024 hours, after receiving information on a missing or abducted child to the local law
48.11enforcement agency for entry into the National Crime Information Center (NCIC)
48.12database of the Federal Bureau of Investigation, and to the National Center for Missing
48.13and Exploited Children.
48.14(c) The local social services agency shall not discharge a child from foster care or
48.15close the social services case until diligent efforts have been exhausted to locate the child
48.16and the court terminates the agency's jurisdiction.
48.17(d) The local social services agency shall determine the primary factors that
48.18contributed to the child's running away or otherwise being absent from care and, to
48.19the extent possible and appropriate, respond to those factors in current and subsequent
48.20placements.
48.21(e) The local social services agency shall determine what the child experienced
48.22while absent from care, including screening the child to determine if the child is a possible
48.23sex trafficking victim as defined in section 609.321, subdivision 7b.
48.24(f) The local social services agency shall report immediately, but no later than 24
48.25hours, to the local law enforcement agency any reasonable cause to believe a child is, or is
48.26at risk of being, a sex trafficking victim.
48.27(g) The local social services agency shall determine appropriate services as described
48.28in section 145.4717 with respect to any child for whom the local social services agency has
48.29responsibility for placement, care, or supervision when the local social services agency
48.30has reasonable cause to believe the child is, or is at risk of being, a sex trafficking victim.

48.31    Sec. 60. Minnesota Statutes 2014, section 260C.212, is amended by adding a
48.32subdivision to read:
48.33    Subd. 14. Support age-appropriate and developmentally appropriate activities
48.34for foster children. Responsible social services agencies and child-placing agencies shall
49.1support a foster child's emotional and developmental growth by permitting the child
49.2to participate in activities or events that are generally accepted as suitable for children
49.3of the same chronological age or are developmentally appropriate for the child. Foster
49.4parents and residential facility staff are permitted to allow foster children to participate in
49.5extracurricular, social, or cultural activities that are typical for the child's age by applying
49.6reasonable and prudent parenting standards. Reasonable and prudent parenting standards
49.7are characterized by careful and sensible parenting decisions that maintain the child's
49.8health and safety, and are made in the child's best interest.

49.9    Sec. 61. Minnesota Statutes 2014, section 260C.221, is amended to read:
49.10260C.221 RELATIVE SEARCH.
49.11(a) The responsible social services agency shall exercise due diligence to identify
49.12and notify adult relatives prior to placement or within 30 days after the child's removal
49.13from the parent. The county agency shall consider placement with a relative under this
49.14section without delay and whenever the child must move from or be returned to foster
49.15care. The relative search required by this section shall be comprehensive in scope. After a
49.16finding that the agency has made reasonable efforts to conduct the relative search under
49.17this paragraph, the agency has the continuing responsibility to appropriately involve
49.18relatives, who have responded to the notice required under this paragraph, in planning
49.19for the child and to continue to consider relatives according to the requirements of
49.20section 260C.212, subdivision 2. At any time during the course of juvenile protection
49.21proceedings, the court may order the agency to reopen its search for relatives when it is in
49.22the child's best interest to do so.
49.23(b) The relative search required by this section shall include both maternal relatives
49.24and paternal adult relatives of the child; all adult grandparents; all legal parents, guardians
49.25or custodians; the child's siblings; and any other adult relatives suggested by the child's
49.26parents, subject to the exceptions due to family violence in paragraph (c). The search shall
49.27also include getting information from the child in an age-appropriate manner about who
49.28the child considers to be family members and important friends with whom the child has
49.29resided or had significant contact. The relative search required under this section must
49.30fulfill the agency's duties under the Indian Child Welfare Act regarding active efforts
49.31to prevent the breakup of the Indian family under United States Code, title 25, section
49.321912(d), and to meet placement preferences under United States Code, title 25, section
49.331915. The relatives must be notified:
50.1(1) of the need for a foster home for the child, the option to become a placement
50.2resource for the child, and the possibility of the need for a permanent placement for the
50.3child;
50.4(2) of their responsibility to keep the responsible social services agency and the court
50.5informed of their current address in order to receive notice in the event that a permanent
50.6placement is sought for the child and to receive notice of the permanency progress review
50.7hearing under section 260C.204. A relative who fails to provide a current address to the
50.8responsible social services agency and the court forfeits the right to receive notice of the
50.9possibility of permanent placement and of the permanency progress review hearing under
50.10section 260C.204. A decision by a relative not to be identified as a potential permanent
50.11placement resource or participate in planning for the child at the beginning of the case
50.12shall not affect whether the relative is considered for placement of the child with that
50.13relative later;
50.14(3) that the relative may participate in the care and planning for the child, including
50.15that the opportunity for such participation may be lost by failing to respond to the notice
50.16sent under this subdivision. "Participate in the care and planning" includes, but is not
50.17limited to, participation in case planning for the parent and child, identifying the strengths
50.18and needs of the parent and child, supervising visits, providing respite and vacation visits
50.19for the child, providing transportation to appointments, suggesting other relatives who
50.20might be able to help support the case plan, and to the extent possible, helping to maintain
50.21the child's familiar and regular activities and contact with friends and relatives;
50.22(4) of the family foster care licensing requirements, including how to complete an
50.23application and how to request a variance from licensing standards that do not present a
50.24safety or health risk to the child in the home under section 245A.04 and supports that are
50.25available for relatives and children who reside in a family foster home; and
50.26    (5) of the relatives' right to ask to be notified of any court proceedings regarding
50.27the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
50.28court as required under section 260C.152, subdivision 5.
50.29(b) (c) A responsible social services agency may disclose private data, as defined
50.30in sections 13.02 and 626.556, to relatives of the child for the purpose of locating and
50.31assessing a suitable placement and may use any reasonable means of identifying and
50.32locating relatives including the Internet or other electronic means of conducting a search.
50.33The agency shall disclose data that is necessary to facilitate possible placement with
50.34relatives and to ensure that the relative is informed of the needs of the child so the
50.35relative can participate in planning for the child and be supportive of services to the child
50.36and family. If the child's parent refuses to give the responsible social services agency
51.1information sufficient to identify the maternal and paternal relatives of the child, the
51.2agency shall ask the juvenile court to order the parent to provide the necessary information.
51.3If a parent makes an explicit request that a specific relative not be contacted or considered
51.4for placement due to safety reasons including past family or domestic violence, the agency
51.5shall bring the parent's request to the attention of the court to determine whether the
51.6parent's request is consistent with the best interests of the child and the agency shall not
51.7contact the specific relative when the juvenile court finds that contacting the specific
51.8relative would endanger the parent, guardian, child, sibling, or any family member.
51.9(c) (d) At a regularly scheduled hearing not later than three months after the child's
51.10placement in foster care and as required in section 260C.202, the agency shall report to
51.11the court:
51.12(1) its efforts to identify maternal and paternal relatives of the child and to engage
51.13the relatives in providing support for the child and family, and document that the relatives
51.14have been provided the notice required under paragraph (a); and
51.15(2) its decision regarding placing the child with a relative as required under section
51.16260C.212, subdivision 2 , and to ask relatives to visit or maintain contact with the child in
51.17order to support family connections for the child, when placement with a relative is not
51.18possible or appropriate.
51.19(d) (e) Notwithstanding chapter 13, the agency shall disclose data about particular
51.20relatives identified, searched for, and contacted for the purposes of the court's review of
51.21the agency's due diligence.
51.22(e) (f) When the court is satisfied that the agency has exercised due diligence to
51.23identify relatives and provide the notice required in paragraph (a), the court may find that
51.24reasonable efforts have been made to conduct a relative search to identify and provide
51.25notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
51.26court is not satisfied that the agency has exercised due diligence to identify relatives and
51.27provide the notice required in paragraph (a), the court may order the agency to continue its
51.28search and notice efforts and to report back to the court.
51.29(f) (g) When the placing agency determines that permanent placement proceedings
51.30are necessary because there is a likelihood that the child will not return to a parent's
51.31care, the agency must send the notice provided in paragraph (g) (h), may ask the court to
51.32modify the duty of the agency to send the notice required in paragraph (g) (h), or may
51.33ask the court to completely relieve the agency of the requirements of paragraph (g) (h).
51.34The relative notification requirements of paragraph (g) (h) do not apply when the child is
51.35placed with an appropriate relative or a foster home that has committed to adopting the
51.36child or taking permanent legal and physical custody of the child and the agency approves
52.1of that foster home for permanent placement of the child. The actions ordered by the
52.2court under this section must be consistent with the best interests, safety, permanency,
52.3and welfare of the child.
52.4(g) (h) Unless required under the Indian Child Welfare Act or relieved of this duty
52.5by the court under paragraph (e) (f), when the agency determines that it is necessary to
52.6prepare for permanent placement determination proceedings, or in anticipation of filing a
52.7termination of parental rights petition, the agency shall send notice to the relatives, any
52.8adult with whom the child is currently residing, any adult with whom the child has resided
52.9for one year or longer in the past, and any adults who have maintained a relationship or
52.10exercised visitation with the child as identified in the agency case plan. The notice must
52.11state that a permanent home is sought for the child and that the individuals receiving the
52.12notice may indicate to the agency their interest in providing a permanent home. The notice
52.13must state that within 30 days of receipt of the notice an individual receiving the notice must
52.14indicate to the agency the individual's interest in providing a permanent home for the child
52.15or that the individual may lose the opportunity to be considered for a permanent placement.

52.16    Sec. 62. Minnesota Statutes 2014, section 260C.331, subdivision 1, is amended to read:
52.17    Subdivision 1. Care, examination, or treatment. (a) Except where parental rights
52.18are terminated,
52.19    (1) whenever legal custody of a child is transferred by the court to a responsible
52.20social services agency,
52.21    (2) whenever legal custody is transferred to a person other than the responsible social
52.22services agency, but under the supervision of the responsible social services agency, or
52.23    (3) whenever a child is given physical or mental examinations or treatment under
52.24order of the court, and no provision is otherwise made by law for payment for the care,
52.25examination, or treatment of the child, these costs are a charge upon the welfare funds of
52.26the county in which proceedings are held upon certification of the judge of juvenile court.
52.27    (b) The court shall order, and the responsible social services agency shall require,
52.28the parents or custodian of a child, while the child is under the age of 18, to use the
52.29total income and resources attributable to the child for the period of care, examination,
52.30or treatment, except for clothing and personal needs allowance as provided in section
52.31256B.35 , to reimburse the county for the cost of care, examination, or treatment. Income
52.32and resources attributable to the child include, but are not limited to, Social Security
52.33benefits, Supplemental Security Income (SSI), veterans benefits, railroad retirement
52.34benefits and child support. When the child is over the age of 18, and continues to receive
52.35care, examination, or treatment, the court shall order, and the responsible social services
53.1agency shall require, reimbursement from the child for the cost of care, examination, or
53.2treatment from the income and resources attributable to the child less the clothing and
53.3personal needs allowance. Income does not include earnings from a child over the age of
53.418 who is working as part of a plan under section 260C.212, subdivision 1, paragraph (c),
53.5clause (11) (12), to transition from foster care, or the income and resources from sources
53.6other than Supplemental Security Income and child support that are needed to complete
53.7the requirements listed in section 260C.203.
53.8    (c) If the income and resources attributable to the child are not enough to reimburse
53.9the county for the full cost of the care, examination, or treatment, the court shall inquire
53.10into the ability of the parents to support the child and, after giving the parents a reasonable
53.11opportunity to be heard, the court shall order, and the responsible social services agency
53.12shall require, the parents to contribute to the cost of care, examination, or treatment of
53.13the child. When determining the amount to be contributed by the parents, the court shall
53.14use a fee schedule based upon ability to pay that is established by the responsible social
53.15services agency and approved by the commissioner of human services. The income of
53.16a stepparent who has not adopted a child shall be excluded in calculating the parental
53.17contribution under this section.
53.18    (d) The court shall order the amount of reimbursement attributable to the parents
53.19or custodian, or attributable to the child, or attributable to both sources, withheld under
53.20chapter 518A from the income of the parents or the custodian of the child. A parent or
53.21custodian who fails to pay without good reason may be proceeded against for contempt, or
53.22the court may inform the county attorney, who shall proceed to collect the unpaid sums,
53.23or both procedures may be used.
53.24    (e) If the court orders a physical or mental examination for a child, the examination
53.25is a medically necessary service for purposes of determining whether the service is
53.26covered by a health insurance policy, health maintenance contract, or other health
53.27coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
53.28requirements for medical necessity. Nothing in this paragraph changes or eliminates
53.29benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
53.30or other requirements in the policy, contract, or plan that relate to coverage of other
53.31medically necessary services.
53.32(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the
53.33child is not required to use income and resources attributable to the child to reimburse
53.34the county for costs of care and is not required to contribute to the cost of care of the
53.35child during any period of time when the child is returned to the home of that parent,
54.1custodian, or guardian pursuant to a trial home visit under section 260C.201, subdivision
54.21
, paragraph (a).

54.3    Sec. 63. Minnesota Statutes 2014, section 260C.451, subdivision 2, is amended to read:
54.4    Subd. 2. Independent living plan. Upon the request of any child in foster care
54.5immediately prior to the child's 18th birthday and who is in foster care at the time
54.6of the request, the responsible social services agency shall, in conjunction with the
54.7child and other appropriate parties, update the independent living plan required under
54.8section 260C.212, subdivision 1, paragraph (c), clause (11) (12), related to the child's
54.9employment, vocational, educational, social, or maturational needs. The agency shall
54.10provide continued services and foster care for the child including those services that are
54.11necessary to implement the independent living plan.

54.12    Sec. 64. Minnesota Statutes 2014, section 260C.451, subdivision 6, is amended to read:
54.13    Subd. 6. Reentering foster care and accessing services after age 18. (a)
54.14Upon request of an individual between the ages of 18 and 21 who had been under the
54.15guardianship of the commissioner and who has left foster care without being adopted, the
54.16responsible social services agency which had been the commissioner's agent for purposes
54.17of the guardianship shall develop with the individual a plan to increase the individual's
54.18ability to live safely and independently using the plan requirements of section 260C.212,
54.19subdivision 1
, paragraph (b) (c), clause (11) (12), and to assist the individual to meet
54.20one or more of the eligibility criteria in subdivision 4 if the individual wants to reenter
54.21foster care. The agency shall provide foster care as required to implement the plan. The
54.22agency shall enter into a voluntary placement agreement under section 260C.229 with the
54.23individual if the plan includes foster care.
54.24(b) Individuals who had not been under the guardianship of the commissioner of
54.25human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
54.26foster care after age 18 and, to the extent funds are available, the responsible social
54.27services agency that had responsibility for planning for the individual before discharge
54.28from foster care may provide foster care or other services to the individual for the purpose
54.29of increasing the individual's ability to live safely and independently and to meet the
54.30eligibility criteria in subdivision 3a, if the individual:
54.31(1) was in foster care for the six consecutive months prior to the person's 18th
54.32birthday and was not discharged home, adopted, or received into a relative's home under a
54.33transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
54.34(2) was discharged from foster care while on runaway status after age 15.
55.1(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
55.2other appropriate persons, the responsible social services agency shall develop a specific
55.3plan related to that individual's vocational, educational, social, or maturational needs
55.4and, to the extent funds are available, provide foster care as required to implement the
55.5plan. The agency shall enter into a voluntary placement agreement with the individual
55.6if the plan includes foster care.
55.7(d) Youth who left foster care while under guardianship of the commissioner of
55.8human services retain eligibility for foster care for placement at any time between the
55.9ages of 18 and 21.

55.10    Sec. 65. Minnesota Statutes 2014, section 260C.515, subdivision 5, is amended to read:
55.11    Subd. 5. Permanent custody to agency. The court may order permanent custody to
55.12the responsible social services agency for continued placement of the child in foster care
55.13but only if it approves the responsible social services agency's compelling reasons that no
55.14other permanency disposition order is in the child's best interests and:
55.15(1) the child has reached age 12 16 and has been asked about the child's desired
55.16permanency outcome;
55.17(2) the child is a sibling of a child described in clause (1) and the siblings have a
55.18significant positive relationship and are ordered into the same foster home;
55.19(3) (2) the responsible social services agency has made reasonable efforts to locate
55.20and place the child with an adoptive family or a fit and willing relative who would either
55.21agree to adopt the child or to a transfer of permanent legal and physical custody of the
55.22child, but these efforts have not proven successful; and
55.23(4) (3) the parent will continue to have visitation or contact with the child and will
55.24remain involved in planning for the child.

55.25    Sec. 66. Minnesota Statutes 2014, section 260C.521, subdivision 1, is amended to read:
55.26    Subdivision 1. Child in permanent custody of responsible social services agency.
55.27(a) Court reviews of an order for permanent custody to the responsible social services
55.28agency for placement of the child in foster care must be conducted at least yearly at an
55.29in-court appearance hearing.
55.30(b) The purpose of the review hearing is to ensure:
55.31(1) the order for permanent custody to the responsible social services agency for
55.32placement of the child in foster care continues to be in the best interests of the child and
55.33that no other permanency disposition order is in the best interests of the child;
56.1(2) that the agency is assisting the child to build connections to the child's family
56.2and community; and
56.3(3) that the agency is appropriately planning with the child for development of
56.4independent living skills for the child and, as appropriate, for the orderly and successful
56.5transition to independent living that may occur if the child continues in foster care without
56.6another permanency disposition order.
56.7(c) The court must review the child's out-of-home placement plan and the reasonable
56.8efforts of the agency to finalize an alternative permanent plan for the child including the
56.9agency's efforts to:
56.10(1) ensure that permanent custody to the agency with placement of the child in
56.11foster care continues to be the most appropriate legal arrangement for meeting the child's
56.12need for permanency and stability or, if not, to identify and attempt to finalize another
56.13permanency disposition order under this chapter that would better serve the child's needs
56.14and best interests;
56.15(2) identify a specific foster home for the child, if one has not already been identified;
56.16(3) support continued placement of the child in the identified home, if one has been
56.17identified;
56.18(4) ensure appropriate services are provided to address the physical health, mental
56.19health, and educational needs of the child during the period of foster care and also ensure
56.20appropriate services or assistance to maintain relationships with appropriate family
56.21members and the child's community; and
56.22(5) plan for the child's independence upon the child's leaving foster care living as
56.23required under section 260C.212, subdivision 1.
56.24(d) The court may find that the agency has made reasonable efforts to finalize the
56.25permanent plan for the child when:
56.26(1) the agency has made reasonable efforts to identify a more legally permanent
56.27home for the child than is provided by an order for permanent custody to the agency
56.28for placement in foster care; and
56.29(2) the child has been asked about the child's desired permanency outcome; and
56.30(2) (3) the agency's engagement of the child in planning for independent living is
56.31reasonable and appropriate.

56.32    Sec. 67. Minnesota Statutes 2014, section 260C.521, subdivision 2, is amended to read:
56.33    Subd. 2. Modifying order for permanent legal and physical custody to a
56.34relative. (a) An order for a relative to have permanent legal and physical custody of a
56.35child may be modified using standards under sections 518.18 and 518.185.
57.1(b) When a child is receiving Northstar kinship assistance under chapter 256N, if
57.2a relative named as permanent legal and physical custodian in an order made under this
57.3chapter becomes incapacitated or dies, a successor custodian named in the Northstar
57.4Care for Children kinship assistance benefit agreement under section 256N.25 may file
57.5a request to modify the order for permanent legal and physical custody to name the
57.6successor custodian as the permanent legal and physical custodian of the child. The court
57.7may modify the order to name the successor custodian as the permanent legal and physical
57.8custodian upon reviewing the background study required under section 245C.33 if the
57.9court finds the modification is in the child's best interests.
57.10(c) The social services agency is a party to the proceeding and must receive notice.

57.11    Sec. 68. Minnesota Statutes 2014, section 260C.607, subdivision 4, is amended to read:
57.12    Subd. 4. Content of review. (a) The court shall review:
57.13(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption
57.14for the child as appropriate to the stage of the case; and
57.15(2) the child's current out-of-home placement plan required under section 260C.212,
57.16subdivision 1, to ensure the child is receiving all services and supports required to meet
57.17the child's needs as they relate to the child's:
57.18(i) placement;
57.19(ii) visitation and contact with siblings;
57.20(iii) visitation and contact with relatives;
57.21(iv) medical, mental, and dental health; and
57.22(v) education.
57.23(b) When the child is age 16 14 and older, and as long as the child continues in foster
57.24care, the court shall also review the agency's planning for the child's independent living
57.25after leaving foster care including how the agency is meeting the requirements of section
57.26260C.212, subdivision 1 , paragraph (c), clause (11) (12). The court shall use the review
57.27requirements of section 260C.203 in any review conducted under this paragraph.

57.28    Sec. 69. Minnesota Statutes 2014, section 518A.26, subdivision 14, is amended to read:
57.29    Subd. 14. Obligor. "Obligor" means a person obligated to pay maintenance or
57.30support. A person who has primary physical custody of a child is presumed not to be
57.31an obligor for purposes of a child support order under section 518A.34, unless section
57.32518A.36, subdivision 3, applies or the court makes specific written findings to overcome
57.33this presumption. For purposes of ordering medical support under section 518A.41, a
58.1parent who has primary physical custody of a child may be an obligor subject to a payment
58.2agreement under section 518A.69.
58.3EFFECTIVE DATE.This section is effective March 1, 2016.

58.4    Sec. 70. Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:
58.5    Subd. 2. Methods. Determination of potential income must be made according
58.6to one of three methods, as appropriate:
58.7(1) the parent's probable earnings level based on employment potential, recent
58.8work history, and occupational qualifications in light of prevailing job opportunities and
58.9earnings levels in the community;
58.10(2) if a parent is receiving unemployment compensation or workers' compensation,
58.11that parent's income may be calculated using the actual amount of the unemployment
58.12compensation or workers' compensation benefit received; or
58.13(3) the amount of income a parent could earn working full time at 150 30 hours per
58.14week at 100 percent of the current federal or state minimum wage, whichever is higher.
58.15EFFECTIVE DATE.This section is effective March 1, 2016.

58.16    Sec. 71. Minnesota Statutes 2014, section 518A.39, subdivision 1, is amended to read:
58.17    Subdivision 1. Authority. After an order under this chapter or chapter 518 for
58.18maintenance or support money, temporary or permanent, or for the appointment of trustees
58.19to receive property awarded as maintenance or support money, the court may from time to
58.20time, on motion of either of the parties, a copy of which is served on the public authority
58.21responsible for child support enforcement if payments are made through it, or on motion
58.22of the public authority responsible for support enforcement, modify the order respecting
58.23the amount of maintenance or support money or medical support, and the payment of it,
58.24and also respecting the appropriation and payment of the principal and income of property
58.25held in trust, and may make an order respecting these matters which it might have made
58.26in the original proceeding, except as herein otherwise provided. A party or the public
58.27authority also may bring a motion for contempt of court if the obligor is in arrears in
58.28support or maintenance payments.
58.29EFFECTIVE DATE.This section is effective January 1, 2016.

58.30    Sec. 72. Minnesota Statutes 2014, section 518A.39, is amended by adding a
58.31subdivision to read:
59.1    Subd. 8. Medical support-only modification. (a) The medical support terms of
59.2a support order and determination of the child dependency tax credit may be modified
59.3without modification of the full order for support or maintenance, if the order has been
59.4established or modified in its entirety within three years from the date of the motion, and
59.5upon a showing of one or more of the following:
59.6(1) a change in the availability of appropriate health care coverage or a substantial
59.7increase or decrease in health care coverage costs;
59.8(2) a change in the eligibility for medical assistance under chapter 256B;
59.9(3) a party's failure to carry court-ordered coverage, or to provide other medical
59.10support as ordered;
59.11(4) the federal child dependency tax credit is not ordered for the same parent who is
59.12ordered to carry health care coverage; or
59.13(5) the federal child dependency tax credit is not addressed in the order and the
59.14noncustodial parent is ordered to carry health care coverage.
59.15(b) For a motion brought under this subdivision, a modification of the medical
59.16support terms of an order may be made retroactive only with respect to any period during
59.17which the petitioning party has pending a motion for modification, but only from the date
59.18of service of notice of the motion on the responding party and on the public authority if
59.19public assistance is being furnished or the county attorney is the attorney of record.
59.20(c) The court need not hold an evidentiary hearing on a motion brought under this
59.21subdivision for modification of medical support only.
59.22(d) Sections 518.14 and 518A.735 shall govern the award of attorney fees for
59.23motions brought under this subdivision.
59.24(e) The PICS originally stated in the order being modified shall be used to determine
59.25the modified medical support order under section 518A.41 for motions brought under
59.26this subdivision.
59.27EFFECTIVE DATE.This section is effective January 1, 2016.

59.28    Sec. 73. Minnesota Statutes 2014, section 518A.41, subdivision 1, is amended to read:
59.29    Subdivision 1. Definitions. The definitions in this subdivision apply to this chapter
59.30and chapter 518.
59.31    (a) "Health care coverage" means medical, dental, or other health care benefits that
59.32are provided by one or more health plans. Health care coverage does not include any
59.33form of public coverage.
59.34    (b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision
59.352
, and 62L.02, subdivision 16.
60.1    (c) "Health plan" means a plan, other than any form of public coverage, that provides
60.2medical, dental, or other health care benefits and is:
60.3    (1) provided on an individual or group basis;
60.4    (2) provided by an employer or union;
60.5    (3) purchased in the private market; or
60.6    (4) available to a person eligible to carry insurance for the joint child, including a
60.7party's spouse or parent.
60.8Health plan includes, but is not limited to, a plan meeting the definition under section
60.962A.011, subdivision 3 , except that the exclusion of coverage designed solely to provide
60.10dental or vision care under section 62A.011, subdivision 3, clause (6), does not apply to
60.11the definition of health plan under this section; a group health plan governed under the
60.12federal Employee Retirement Income Security Act of 1974 (ERISA); a self-insured plan
60.13under sections 43A.23 to 43A.317 and 471.617; and a policy, contract, or certificate issued
60.14by a community-integrated service network licensed under chapter 62N.
60.15    (d) "Medical support" means providing health care coverage for a joint child by
60.16carrying health care coverage for the joint child or by contributing to the cost of health
60.17care coverage, public coverage, unreimbursed medical expenses, and uninsured medical
60.18expenses of the joint child.
60.19    (e) "National medical support notice" means an administrative notice issued by the
60.20public authority to enforce health insurance provisions of a support order in accordance
60.21with Code of Federal Regulations, title 45, section 303.32, in cases where the public
60.22authority provides support enforcement services.
60.23    (f) "Public coverage" means health care benefits provided by any form of medical
60.24assistance under chapter 256B or MinnesotaCare under chapter 256L. Public coverage
60.25does not include MinnesotaCare or health plans subsidized by federal premium tax credits
60.26or federal cost-sharing reductions.
60.27    (g) "Uninsured medical expenses" means a joint child's reasonable and necessary
60.28health-related expenses if the joint child is not covered by a health plan or public coverage
60.29when the expenses are incurred.
60.30    (h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary
60.31health-related expenses if a joint child is covered by a health plan or public coverage and
60.32the plan or coverage does not pay for the total cost of the expenses when the expenses
60.33are incurred. Unreimbursed medical expenses do not include the cost of premiums.
60.34Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments,
60.35and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
60.36over-the-counter medications if coverage is under a health plan.

61.1    Sec. 74. Minnesota Statutes 2014, section 518A.41, subdivision 3, is amended to read:
61.2    Subd. 3. Determining appropriate health care coverage. In determining whether
61.3a parent has appropriate health care coverage for the joint child, the court must consider
61.4the following factors:
61.5    (1) comprehensiveness of health care coverage providing medical benefits.
61.6Dependent health care coverage providing medical benefits is presumed comprehensive if
61.7it includes medical and hospital coverage and provides for preventive, emergency, acute,
61.8and chronic care; or if it meets the minimum essential coverage definition in United States
61.9Code, title 26, section 5000A(f). If both parents have health care coverage providing
61.10medical benefits that is presumed comprehensive under this paragraph, the court must
61.11determine which parent's coverage is more comprehensive by considering what other
61.12benefits are included in the coverage;
61.13    (2) accessibility. Dependent health care coverage is accessible if the covered joint
61.14child can obtain services from a health plan provider with reasonable effort by the parent
61.15with whom the joint child resides. Health care coverage is presumed accessible if:
61.16    (i) primary care is available within 30 minutes or 30 miles of the joint child's residence
61.17and specialty care is available within 60 minutes or 60 miles of the joint child's residence;
61.18    (ii) the health care coverage is available through an employer and the employee can
61.19be expected to remain employed for a reasonable amount of time; and
61.20    (iii) no preexisting conditions exist to unduly delay enrollment in health care
61.21coverage;
61.22    (3) the joint child's special medical needs, if any; and
61.23    (4) affordability. Dependent health care coverage is affordable if it is reasonable
61.24in cost. If both parents have health care coverage available for a joint child that is
61.25comparable with regard to comprehensiveness of medical benefits, accessibility, and the
61.26joint child's special needs, the least costly health care coverage is presumed to be the most
61.27appropriate health care coverage for the joint child.

61.28    Sec. 75. Minnesota Statutes 2014, section 518A.41, subdivision 4, is amended to read:
61.29    Subd. 4. Ordering health care coverage. (a) If a joint child is presently enrolled
61.30in health care coverage, the court must order that the parent who currently has the joint
61.31child enrolled continue that enrollment unless the parties agree otherwise or a party
61.32requests a change in coverage and the court determines that other health care coverage is
61.33more appropriate.
61.34    (b) If a joint child is not presently enrolled in health care coverage providing medical
61.35benefits, upon motion of a parent or the public authority, the court must determine whether
62.1one or both parents have appropriate health care coverage providing medical benefits
62.2for the joint child.
62.3    (c) If only one parent has appropriate health care coverage providing medical
62.4benefits available, the court must order that parent to carry the coverage for the joint child.
62.5    (d) If both parents have appropriate health care coverage providing medical benefits
62.6available, the court must order the parent with whom the joint child resides to carry the
62.7coverage for the joint child, unless:
62.8    (1) a party expresses a preference for health care coverage providing medical
62.9benefits available through the parent with whom the joint child does not reside;
62.10    (2) the parent with whom the joint child does not reside is already carrying
62.11dependent health care coverage providing medical benefits for other children and the cost
62.12of contributing to the premiums of the other parent's coverage would cause the parent with
62.13whom the joint child does not reside extreme hardship; or
62.14    (3) the parties agree as to which parent will carry health care coverage providing
62.15medical benefits and agree on the allocation of costs.
62.16    (e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
62.17determine which parent has the most appropriate coverage providing medical benefits
62.18available and order that parent to carry coverage for the joint child.
62.19    (f) If neither parent has appropriate health care coverage available, the court must
62.20order the parents to:
62.21    (1) contribute toward the actual health care costs of the joint children based on
62.22a pro rata share; or
62.23    (2) if the joint child is receiving any form of public coverage, the parent with whom
62.24the joint child does not reside shall contribute a monthly amount toward the actual cost of
62.25public coverage. The amount of the noncustodial parent's contribution is determined by
62.26applying the noncustodial parent's PICS to the premium schedule for public coverage scale
62.27for MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). If the noncustodial
62.28parent's PICS meets the eligibility requirements for public coverage MinnesotaCare, the
62.29contribution is the amount the noncustodial parent would pay for the child's premium. If
62.30the noncustodial parent's PICS exceeds the eligibility requirements for public coverage, the
62.31contribution is the amount of the premium for the highest eligible income on the appropriate
62.32premium schedule for public coverage scale for MinnesotaCare under section 256L.15,
62.33subdivision 2, paragraph (d). For purposes of determining the premium amount, the
62.34noncustodial parent's household size is equal to one parent plus the child or children who
62.35are the subject of the child support order. The custodial parent's obligation is determined
62.36under the requirements for public coverage as set forth in chapter 256B or 256L.; or
63.1(3) if the noncustodial parent's PICS meet the eligibility requirement for public
63.2coverage under chapter 256B or the noncustodial parent receives public assistance, the
63.3noncustodial parent must not be ordered to contribute toward the cost of public coverage.
63.4    (g) If neither parent has appropriate health care coverage available, the court may
63.5order the parent with whom the child resides to apply for public coverage for the child.
63.6    (h) The commissioner of human services must publish a table with the premium
63.7schedule for public coverage and update the chart for changes to the schedule by July
63.81 of each year.
63.9    (i) If a joint child is not presently enrolled in health care coverage providing dental
63.10benefits, upon motion of a parent or the public authority, the court must determine whether
63.11one or both parents have appropriate dental health care coverage for the joint child, and the
63.12court may order a parent with appropriate dental health care coverage available to carry
63.13the coverage for the joint child.
63.14    (j) If a joint child is not presently enrolled in available health care coverage
63.15providing benefits other than medical benefits or dental benefits, upon motion of a parent
63.16or the public authority, the court may determine whether that other health care coverage
63.17for the joint child is appropriate, and the court may order a parent with that appropriate
63.18health care coverage available to carry the coverage for the joint child.
63.19EFFECTIVE DATE.This section is effective August 1, 2015.

63.20    Sec. 76. Minnesota Statutes 2014, section 518A.41, subdivision 14, is amended to read:
63.21    Subd. 14. Child support enforcement services. The public authority must take
63.22necessary steps to establish and enforce, enforce, and modify an order for medical support
63.23if the joint child receives public assistance or a party completes an application for services
63.24from the public authority under section 518A.51.
63.25EFFECTIVE DATE.This section is effective January 1, 2016.

63.26    Sec. 77. Minnesota Statutes 2014, section 518A.41, subdivision 15, is amended to read:
63.27    Subd. 15. Enforcement. (a) Remedies available for collecting and enforcing child
63.28support apply to medical support.
63.29    (b) For the purpose of enforcement, the following are additional support:
63.30    (1) the costs of individual or group health or hospitalization coverage;
63.31    (2) dental coverage;
64.1    (3) medical costs ordered by the court to be paid by either party, including health
64.2care coverage premiums paid by the obligee because of the obligor's failure to obtain
64.3coverage as ordered; and
64.4    (4) liabilities established under this subdivision.
64.5    (c) A party who fails to carry court-ordered dependent health care coverage is liable
64.6for the joint child's uninsured medical expenses unless a court order provides otherwise.
64.7A party's failure to carry court-ordered coverage, or to provide other medical support as
64.8ordered, is a basis for modification of a medical support order under section 518A.39,
64.9subdivision 2
8, unless it meets the presumption in section 518A.39, subdivision 2.
64.10    (d) Payments by the health carrier or employer for services rendered to the dependents
64.11that are directed to a party not owed reimbursement must be endorsed over to and forwarded
64.12to the vendor or appropriate party or the public authority. A party retaining insurance
64.13reimbursement not owed to the party is liable for the amount of the reimbursement.
64.14EFFECTIVE DATE.This section is effective January 1, 2016.

64.15    Sec. 78. Minnesota Statutes 2014, section 518A.43, is amended by adding a
64.16subdivision to read:
64.17    Subd. 1a. Income disparity between parties. The court may deviate from the
64.18presumptive child support obligation under section 518A.34 and elect not to order a party
64.19who has between ten and 45 percent parenting time to pay basic support where such a
64.20significant disparity of income exists between the parties that an order directing payment
64.21of basic support would be detrimental to the parties' joint child.
64.22EFFECTIVE DATE.This section is effective March 1, 2016.

64.23    Sec. 79. Minnesota Statutes 2014, section 518A.46, subdivision 3, is amended to read:
64.24    Subd. 3. Contents of pleadings. (a) In cases involving establishment or
64.25modification of a child support order, the initiating party shall include the following
64.26information, if known, in the pleadings:
64.27(1) names, addresses, and dates of birth of the parties;
64.28(2) Social Security numbers of the parties and the minor children of the parties,
64.29which information shall be considered private information and shall be available only to
64.30the parties, the court, and the public authority;
64.31(3) other support obligations of the obligor;
64.32(4) names and addresses of the parties' employers;
64.33(5) gross income of the parties as calculated in section 518A.29;
65.1(6) amounts and sources of any other earnings and income of the parties;
65.2(7) health insurance coverage of parties;
65.3(8) types and amounts of public assistance received by the parties, including
65.4Minnesota family investment plan, child care assistance, medical assistance,
65.5MinnesotaCare, title IV-E foster care, or other form of assistance as defined in section
65.6256.741, subdivision 1 ; and
65.7(9) any other information relevant to the computation of the child support obligation
65.8under section 518A.34.
65.9(b) For all matters scheduled in the expedited process, whether or not initiated by
65.10the public authority, the nonattorney employee of the public authority shall file with the
65.11court and serve on the parties the following information:
65.12(1) information pertaining to the income of the parties available to the public
65.13authority from the Department of Employment and Economic Development;
65.14(2) a statement of the monthly amount of child support, medical support, child care,
65.15and arrears currently being charged the obligor on Minnesota IV-D cases;
65.16(3) a statement of the types and amount of any public assistance, as defined in
65.17section 256.741, subdivision 1, received by the parties; and
65.18(4) any other information relevant to the determination of support that is known to
65.19the public authority and that has not been otherwise provided by the parties.
65.20The information must be filed with the court or child support magistrate at least
65.21five days before any hearing involving child support, medical support, or child care
65.22reimbursement issues.

65.23    Sec. 80. Minnesota Statutes 2014, section 518A.46, is amended by adding a
65.24subdivision to read:
65.25    Subd. 3a. Contents of pleadings for medical support modifications. (a) In cases
65.26involving modification of only the medical support portion of a child support order
65.27under section 518A.39, subdivision 8, the initiating party shall include the following
65.28information, if known, in the pleadings:
65.29(1) names, addresses, and dates of birth of the parties;
65.30(2) Social Security numbers of the parties and the minor children of the parties,
65.31which shall be considered private information and shall be available only to the parties,
65.32the court, and the public authority;
65.33(3) names and addresses of the parties' employers;
65.34(4) gross income of the parties as stated in the order being modified;
65.35(5) health insurance coverage of the parties; and
66.1(6) any other information relevant to the determination of the medical support
66.2obligation under section 518A.41.
66.3(b) For all matters scheduled in the expedited process, whether or not initiated by
66.4the public authority, the nonattorney employee of the public authority shall file with the
66.5court and serve on the parties the following information:
66.6(1) a statement of the monthly amount of child support, medical support, child care,
66.7and arrears currently being charged the obligor on Minnesota IV-D cases;
66.8(2) a statement of the amount of medical assistance received by the parties; and
66.9(3) any other information relevant to the determination of medical support that is
66.10known to the public authority and that has not been otherwise provided by the parties.
66.11The information must be filed with the court or child support magistrate at least five
66.12days before the hearing on the motion to modify medical support.
66.13EFFECTIVE DATE.This section is effective January 1, 2016.

66.14    Sec. 81. Minnesota Statutes 2014, section 518A.51, is amended to read:
66.15518A.51 FEES FOR IV-D SERVICES.
66.16(a) When a recipient of IV-D services is no longer receiving assistance under the
66.17state's title IV-A, IV-E foster care, or medical assistance, or MinnesotaCare programs, the
66.18public authority responsible for child support enforcement must notify the recipient,
66.19within five working days of the notification of ineligibility, that IV-D services will be
66.20continued unless the public authority is notified to the contrary by the recipient. The
66.21notice must include the implications of continuing to receive IV-D services, including the
66.22available services and fees, cost recovery fees, and distribution policies relating to fees.
66.23(b) An application fee of $25 shall be paid by the person who applies for child
66.24support and maintenance collection services, except persons who are receiving public
66.25assistance as defined in section 256.741 and the diversionary work program under section
66.26256J.95, persons who transfer from public assistance to nonpublic assistance status, and
66.27minor parents and parents enrolled in a public secondary school, area learning center, or
66.28alternative learning program approved by the commissioner of education.
66.29(c) (b) In the case of an individual who has never received assistance under a state
66.30program funded under title IV-A of the Social Security Act and for whom the public
66.31authority has collected at least $500 of support, the public authority must impose an
66.32annual federal collections fee of $25 for each case in which services are furnished. This
66.33fee must be retained by the public authority from support collected on behalf of the
66.34individual, but not from the first $500 collected.
67.1(d) (c) When the public authority provides full IV-D services to an obligee who
67.2has applied for those services, upon written notice to the obligee, the public authority
67.3must charge a cost recovery fee of two percent of the amount collected. This fee must
67.4be deducted from the amount of the child support and maintenance collected and not
67.5assigned under section 256.741 before disbursement to the obligee. This fee does not
67.6apply to an obligee who:
67.7(1) is currently receiving assistance under the state's title IV-A, IV-E foster care, or
67.8medical assistance, or MinnesotaCare programs; or
67.9(2) has received assistance under the state's title IV-A or IV-E foster care programs,
67.10until the person has not received this assistance for 24 consecutive months.
67.11(e) (d) When the public authority provides full IV-D services to an obligor who has
67.12applied for such services, upon written notice to the obligor, the public authority must
67.13charge a cost recovery fee of two percent of the monthly court-ordered child support and
67.14maintenance obligation. The fee may be collected through income withholding, as well
67.15as by any other enforcement remedy available to the public authority responsible for
67.16child support enforcement.
67.17(f) (e) Fees assessed by state and federal tax agencies for collection of overdue
67.18support owed to or on behalf of a person not receiving public assistance must be imposed
67.19on the person for whom these services are provided. The public authority upon written
67.20notice to the obligee shall assess a fee of $25 to the person not receiving public assistance
67.21for each successful federal tax interception. The fee must be withheld prior to the release
67.22of the funds received from each interception and deposited in the general fund.
67.23(g) (f) Federal collections fees collected under paragraph (c) (b) and cost recovery
67.24fees collected under paragraphs (c) and (d) and (e) retained by the commissioner of human
67.25services shall be considered child support program income according to Code of Federal
67.26Regulations, title 45, section 304.50, and shall be deposited in the special revenue fund
67.27account established under paragraph (i) (h). The commissioner of human services must
67.28elect to recover costs based on either actual or standardized costs.
67.29(h) (g) The limitations of this section on the assessment of fees shall not apply to
67.30the extent inconsistent with the requirements of federal law for receiving funds for the
67.31programs under title IV-A and title IV-D of the Social Security Act, United States Code,
67.32title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.
67.33(i) (h) The commissioner of human services is authorized to establish a special
67.34revenue fund account to receive the federal collections fees collected under paragraph (c)
67.35(b) and cost recovery fees collected under paragraphs (c) and (d) and (e).
68.1(j) (i) The nonfederal share of the cost recovery fee revenue must be retained by the
68.2commissioner and distributed as follows:
68.3(1) one-half of the revenue must be transferred to the child support system special
68.4revenue account to support the state's administration of the child support enforcement
68.5program and its federally mandated automated system;
68.6(2) an additional portion of the revenue must be transferred to the child support
68.7system special revenue account for expenditures necessary to administer the fees; and
68.8(3) the remaining portion of the revenue must be distributed to the counties to aid the
68.9counties in funding their child support enforcement programs.
68.10(k) (j) The nonfederal share of the federal collections fees must be distributed to the
68.11counties to aid them in funding their child support enforcement programs.
68.12(l) (k) The commissioner of human services shall distribute quarterly any of the
68.13funds dedicated to the counties under paragraphs (i) and (j) and (k) using the methodology
68.14specified in section 256.979, subdivision 11. The funds received by the counties must be
68.15reinvested in the child support enforcement program and the counties must not reduce the
68.16funding of their child support programs by the amount of the funding distributed.
68.17EFFECTIVE DATE.This section is effective July 1, 2016, except that the
68.18amendments striking MinnesotaCare are effective July 1, 2015.

68.19    Sec. 82. Minnesota Statutes 2014, section 518A.53, subdivision 1, is amended to read:
68.20    Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
68.21have the meanings provided in this subdivision unless otherwise stated.
68.22(b) "Payor of funds" means any person or entity that provides funds to an obligor,
68.23including an employer as defined under chapter 24 of the Internal Revenue Code,
68.24section 3401(d), an independent contractor, payor of worker's compensation benefits or
68.25unemployment benefits, or a financial institution as defined in section 13B.06.
68.26(c) "Business day" means a day on which state offices are open for regular business.
68.27(d) "Arrears" means amounts owed under a support order that are past due has the
68.28meaning given in section 518A.26, subdivision 3.
68.29EFFECTIVE DATE.This section is effective July 1, 2016.

68.30    Sec. 83. Minnesota Statutes 2014, section 518A.53, subdivision 4, is amended to read:
68.31    Subd. 4. Collection services. (a) The commissioner of human services shall prepare
68.32and make available to the courts a notice of services that explains child support and
68.33maintenance collection services available through the public authority, including income
69.1withholding, and the fees for such services. Upon receiving a petition for dissolution of
69.2marriage or legal separation, the court administrator shall promptly send the notice of
69.3services to the petitioner and respondent at the addresses stated in the petition.
69.4(b) Either the obligee or obligor may at any time apply to the public authority for
69.5either full IV-D services or for income withholding only services.
69.6(c) For those persons applying for income withholding only services, a monthly
69.7service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
69.8the support order and shall be withheld through income withholding. The public authority
69.9shall explain the service options in this section to the affected parties and encourage the
69.10application for full child support collection services.
69.11(d) If the obligee is not a current recipient of public assistance as defined in section
69.12256.741 , the person who applied for services may at any time choose to terminate either
69.13full IV-D services or income withholding only services regardless of whether income
69.14withholding is currently in place. The obligee or obligor may reapply for either full IV-D
69.15services or income withholding only services at any time. Unless the applicant is a
69.16recipient of public assistance as defined in section 256.741, a $25 application fee shall be
69.17charged at the time of each application.
69.18(e) When a person terminates IV-D services, if an arrearage for public assistance as
69.19defined in section 256.741 exists, the public authority may continue income withholding,
69.20as well as use any other enforcement remedy for the collection of child support, until all
69.21public assistance arrears are paid in full. Income withholding shall be in an amount equal
69.22to 20 percent of the support order in effect at the time the services terminated, unless the
69.23court has ordered a specific monthly payback amount to be applied toward the arrears. If a
69.24support order includes a specific monthly payback amount, income withholding shall be
69.25for the specific monthly payback amount ordered.
69.26EFFECTIVE DATE.This section is effective July 1, 2016.

69.27    Sec. 84. Minnesota Statutes 2014, section 518A.53, subdivision 10, is amended to read:
69.28    Subd. 10. Arrearage order. (a) This section does not prevent the court from
69.29ordering the payor of funds to withhold amounts to satisfy the obligor's previous arrearage
69.30in support order payments. This remedy shall not operate to exclude availability of other
69.31remedies to enforce judgments. The employer or payor of funds shall withhold from
69.32the obligor's income an additional amount equal to 20 percent of the monthly child
69.33support or maintenance obligation until the arrearage is paid, unless the court has ordered
69.34a specific monthly payback amount toward the arrears. If a support order includes a
69.35specific monthly payback amount, the employer or payor of funds shall withhold from
70.1the obligor's income an additional amount equal to the specific monthly payback amount
70.2ordered until all arrearages are paid.
70.3(b) Notwithstanding any law to the contrary, funds from income sources included
70.4in section 518A.26, subdivision 8, whether periodic or lump sum, are not exempt from
70.5attachment or execution upon a judgment for child support arrearage.
70.6(c) Absent an order to the contrary, if an arrearage exists at the time a support
70.7order would otherwise terminate, income withholding shall continue in effect or may be
70.8implemented in an amount equal to the support order plus an additional 20 percent of the
70.9monthly child support obligation, until all arrears have been paid in full.
70.10EFFECTIVE DATE.This section is effective July 1, 2016.

70.11    Sec. 85. Minnesota Statutes 2014, section 518A.60, is amended to read:
70.12518A.60 COLLECTION; ARREARS ONLY.
70.13(a) Remedies available for the collection and enforcement of support in this chapter
70.14and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
70.15for whom support is owed are emancipated and the obligor owes past support or has an
70.16accumulated arrearage as of the date of the youngest child's emancipation. Child support
70.17arrearages under this section include arrearages for child support, medical support, child
70.18care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
70.19section 518A.41, subdivision 1, paragraph (h).
70.20(b) This section applies retroactively to any support arrearage that accrued on or
70.21before June 3, 1997, and to all arrearages accruing after June 3, 1997.
70.22(c) Past support or pregnancy and confinement expenses ordered for which the
70.23obligor has specific court ordered terms for repayment may not be enforced using drivers'
70.24and occupational or professional license suspension, and credit bureau reporting, and
70.25additional income withholding under section 518A.53, subdivision 10, paragraph (a),
70.26unless the obligor fails to comply with the terms of the court order for repayment.
70.27(d) If an arrearage exists at the time a support order would otherwise terminate
70.28and section 518A.53, subdivision 10, paragraph (c), does not apply to this section, the
70.29arrearage shall be repaid in an amount equal to the current support order until all arrears
70.30have been paid in full, absent a court order to the contrary.
70.31(e) If an arrearage exists according to a support order which fails to establish a
70.32monthly support obligation in a specific dollar amount, the public authority, if it provides
70.33child support services, or the obligee, may establish a payment agreement which shall
70.34equal what the obligor would pay for current support after application of section 518A.34,
71.1plus an additional 20 percent of the current support obligation, until all arrears have been
71.2paid in full. If the obligor fails to enter into or comply with a payment agreement, the
71.3public authority, if it provides child support services, or the obligee, may move the district
71.4court or child support magistrate, if section 484.702 applies, for an order establishing
71.5repayment terms.
71.6(f) If there is no longer a current support order because all of the children of the
71.7order are emancipated, the public authority may discontinue child support services and
71.8close its case under title IV-D of the Social Security Act if:
71.9(1) the arrearage is under $500; or
71.10(2) the arrearage is considered unenforceable by the public authority because there
71.11have been no collections for three years, and all administrative and legal remedies have
71.12been attempted or are determined by the public authority to be ineffective because the
71.13obligor is unable to pay, the obligor has no known income or assets, and there is no
71.14reasonable prospect that the obligor will be able to pay in the foreseeable future.
71.15    (g) At least 60 calendar days before the discontinuation of services under paragraph
71.16(f), the public authority must mail a written notice to the obligee and obligor at the
71.17obligee's and obligor's last known addresses that the public authority intends to close the
71.18child support enforcement case and explaining each party's rights. Seven calendar days
71.19after the first notice is mailed, the public authority must mail a second notice under this
71.20paragraph to the obligee.
71.21    (h) The case must be kept open if the obligee responds before case closure and
71.22provides information that could reasonably lead to collection of arrears. If the case is
71.23closed, the obligee may later request that the case be reopened by completing a new
71.24application for services, if there is a change in circumstances that could reasonably lead to
71.25the collection of arrears.
71.26EFFECTIVE DATE.This section is effective July 1, 2016.

71.27    Sec. 86. [518A.685] CONSUMER REPORTING AGENCY; REPORTING
71.28ARREARS.
71.29    (a) If a public authority determines that an obligor has not paid the current monthly
71.30support obligation plus any required arrearage payment for three months, the public
71.31authority must report this information to a consumer reporting agency.
71.32    (b) Before reporting that an obligor is in arrears for court-ordered child support,
71.33the public authority must:
71.34    (1) provide written notice to the obligor that the public authority intends to report the
71.35arrears to a consumer reporting agency; and
72.1    (2) mail the written notice to the obligor's last known mailing address at least 30
72.2days before the public authority reports the arrears to a consumer reporting agency.
72.3    (c) The obligor may, within 21 days of receipt of the notice, do the following to
72.4prevent the public authority from reporting the arrears to a consumer reporting agency:
72.5    (1) pay the arrears in full; or
72.6    (2) request an administrative review. An administrative review is limited to issues
72.7of mistaken identity, a pending legal action involving the arrears, or an incorrect arrears
72.8balance.
72.9    (d) If the public authority has reported that an obligor is in arrears for court-ordered
72.10child support and subsequently determines that the obligor has paid the court-ordered
72.11child support arrears in full, or is paying the current monthly support obligation plus any
72.12required arrearage payment, the public authority must report to the consumer reporting
72.13agency that the obligor is currently paying child support as ordered by the court.
72.14    (e) A public authority that reports arrearage information under this section must
72.15make monthly reports to a consumer reporting agency. The monthly report must be
72.16consistent with credit reporting industry standards for child support.
72.17    (f) For purposes of this section, "consumer reporting agency" has the meaning given
72.18in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).
72.19EFFECTIVE DATE.This section is effective July 1, 2016.

72.20    Sec. 87. Minnesota Statutes 2014, section 518C.802, is amended to read:
72.21518C.802 CONDITIONS OF RENDITION.
72.22(a) Before making demand that the governor of another state surrender an individual
72.23charged criminally in this state with having failed to provide for the support of an obligee,
72.24the governor of this state may require a prosecutor of this state to demonstrate that at least
72.2560 days previously the obligee had initiated proceedings for support pursuant to this
72.26chapter or that the proceeding would be of no avail.
72.27(b) If, under this chapter or a law substantially similar to this chapter, the Uniform
72.28Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement
72.29of Support Act, the governor of another state makes a demand that the governor of
72.30this state surrender an individual charged criminally in that state with having failed to
72.31provide for the support of a child or other individual to whom a duty of support is owed,
72.32the governor may require a prosecutor to investigate the demand and report whether
72.33a proceeding for support has been initiated or would be effective. If it appears that a
73.1proceeding would be effective but has not been initiated, the governor may delay honoring
73.2the demand for a reasonable time to permit the initiation of a proceeding.
73.3(c) If a proceeding for support has been initiated and the individual whose rendition is
73.4demanded prevails, the governor may decline to honor the demand. If the petitioner prevails
73.5and the individual whose rendition is demanded is subject to a support order, the governor
73.6may decline to honor the demand if the individual is complying with the support order.

73.7    Sec. 88. Minnesota Statutes 2014, section 626.556, subdivision 1, as amended by Laws
73.82015, chapter 4, section 1, is amended to read:
73.9    Subdivision 1. Public policy. (a) The legislature hereby declares that the public
73.10policy of this state is to protect children whose health or welfare may be jeopardized
73.11through physical abuse, neglect, or sexual abuse. While it is recognized that most parents
73.12want to keep their children safe, sometimes circumstances or conditions interfere with
73.13their ability to do so. When this occurs, the health and safety of the children shall must be
73.14of paramount concern. Intervention and prevention efforts shall must address immediate
73.15concerns for child safety and the ongoing risk of abuse or neglect and should engage the
73.16protective capacities of families. In furtherance of this public policy, it is the intent of the
73.17legislature under this section to:
73.18(1) protect children and promote child safety;
73.19(2) strengthen the family;
73.20(3) make the home, school, and community safe for children by promoting
73.21responsible child care in all settings; and
73.22(4) provide, when necessary, a safe temporary or permanent home environment for
73.23physically or sexually abused or neglected children.
73.24(b) In addition, it is the policy of this state to:
73.25(1) require the reporting of neglect or physical or sexual abuse of children in the
73.26home, school, and community settings;
73.27(2) provide for the voluntary reporting of abuse or neglect of children; to require
73.28a family assessment, when appropriate, as the preferred response to reports not alleging
73.29substantial child endangerment;
73.30(3) require an investigation when the report alleges sexual abuse or substantial
73.31child endangerment;
73.32(4) provide a family assessment, if appropriate, when the report does not allege
73.33sexual abuse or substantial child endangerment; and
73.34(4) (5) provide protective, family support, and family preservation services when
73.35needed in appropriate cases.

74.1    Sec. 89. Minnesota Statutes 2014, section 626.556, subdivision 2, is amended to read:
74.2    Subd. 2. Definitions. As used in this section, the following terms have the meanings
74.3given them unless the specific content indicates otherwise:
74.4    (a) "Family assessment" means a comprehensive assessment of child safety, risk of
74.5subsequent child maltreatment, and family strengths and needs that is applied to a child
74.6maltreatment report that does not allege sexual abuse or substantial child endangerment.
74.7Family assessment does not include a determination as to whether child maltreatment
74.8occurred but does determine the need for services to address the safety of family members
74.9and the risk of subsequent maltreatment.
74.10    (b) "Investigation" means fact gathering related to the current safety of a child
74.11and the risk of subsequent maltreatment that determines whether child maltreatment
74.12occurred and whether child protective services are needed. An investigation must be used
74.13when reports involve sexual abuse or substantial child endangerment, and for reports of
74.14maltreatment in facilities required to be licensed under chapter 245A or 245D; under
74.15sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05,
74.16subdivisions 9
, 11, and 13, and 124D.10; or in a nonlicensed personal care provider
74.17association as defined in section 256B.0625, subdivision 19a.
74.18    (c) "Substantial child endangerment" means a person responsible for a child's care,
74.19and in the case of sexual abuse includes a person who has a significant relationship to the
74.20child as defined in section 609.341, or a person in a position of authority as defined in
74.21section 609.341, who by act or omission, commits or attempts to commit an act against a
74.22child under their care that constitutes any of the following:
74.23    (1) egregious harm as defined in section 260C.007, subdivision 14;
74.24    (2) sexual abuse as defined in paragraph (d);
74.25    (3) abandonment under section 260C.301, subdivision 2;
74.26    (4) (3) neglect as defined in paragraph (f), clause (2), that substantially endangers
74.27the child's physical or mental health, including a growth delay, which may be referred to
74.28as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
74.29    (5) (4) murder in the first, second, or third degree under section 609.185, 609.19, or
74.30609.195 ;
74.31    (6) (5) manslaughter in the first or second degree under section 609.20 or 609.205;
74.32    (7) (6) assault in the first, second, or third degree under section 609.221, 609.222, or
74.33609.223 ;
74.34    (8) (7) solicitation, inducement, and promotion of prostitution under section 609.322;
74.35    (9) (8) criminal sexual conduct under sections 609.342 to 609.3451;
74.36    (10) (9) solicitation of children to engage in sexual conduct under section 609.352;
75.1    (11) (10) malicious punishment or neglect or endangerment of a child under section
75.2609.377 or 609.378;
75.3    (12) (11) use of a minor in sexual performance under section 617.246; or
75.4    (13) (12) parental behavior, status, or condition which mandates that the county
75.5attorney file a termination of parental rights petition under section 260C.503, subdivision 2.
75.6    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
75.7child's care, by a person who has a significant relationship to the child, as defined in
75.8section 609.341, or by a person in a position of authority, as defined in section 609.341,
75.9subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
75.10conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
75.11609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
75.12in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
75.13abuse also includes any act which involves a minor which constitutes a violation of
75.14prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
75.15threatened sexual abuse which includes the status of a parent or household member
75.16who has committed a violation which requires registration as an offender under section
75.17243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
75.18243.166, subdivision 1b, paragraph (a) or (b).
75.19    (e) "Person responsible for the child's care" means (1) an individual functioning
75.20within the family unit and having responsibilities for the care of the child such as a
75.21parent, guardian, or other person having similar care responsibilities, or (2) an individual
75.22functioning outside the family unit and having responsibilities for the care of the child
75.23such as a teacher, school administrator, other school employees or agents, or other lawful
75.24custodian of a child having either full-time or short-term care responsibilities including,
75.25but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
75.26and coaching.
75.27    (f) "Neglect" means the commission or omission of any of the acts specified under
75.28clauses (1) to (9), other than by accidental means:
75.29    (1) failure by a person responsible for a child's care to supply a child with necessary
75.30food, clothing, shelter, health, medical, or other care required for the child's physical or
75.31mental health when reasonably able to do so;
75.32    (2) failure to protect a child from conditions or actions that seriously endanger the
75.33child's physical or mental health when reasonably able to do so, including a growth delay,
75.34which may be referred to as a failure to thrive, that has been diagnosed by a physician and
75.35is due to parental neglect;
76.1    (3) failure to provide for necessary supervision or child care arrangements
76.2appropriate for a child after considering factors as the child's age, mental ability, physical
76.3condition, length of absence, or environment, when the child is unable to care for the
76.4child's own basic needs or safety, or the basic needs or safety of another child in their care;
76.5    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
76.6260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
76.7child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
76.8    (5) nothing in this section shall be construed to mean that a child is neglected solely
76.9because the child's parent, guardian, or other person responsible for the child's care in
76.10good faith selects and depends upon spiritual means or prayer for treatment or care of
76.11disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
76.12or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
76.13if a lack of medical care may cause serious danger to the child's health. This section does
76.14not impose upon persons, not otherwise legally responsible for providing a child with
76.15necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
76.16    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
76.17subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
76.18symptoms in the child at birth, results of a toxicology test performed on the mother at
76.19delivery or the child at birth, medical effects or developmental delays during the child's
76.20first year of life that medically indicate prenatal exposure to a controlled substance, or the
76.21presence of a fetal alcohol spectrum disorder;
76.22    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
76.23    (8) chronic and severe use of alcohol or a controlled substance by a parent or
76.24person responsible for the care of the child that adversely affects the child's basic needs
76.25and safety; or
76.26    (9) emotional harm from a pattern of behavior which contributes to impaired
76.27emotional functioning of the child which may be demonstrated by a substantial and
76.28observable effect in the child's behavior, emotional response, or cognition that is not
76.29within the normal range for the child's age and stage of development, with due regard to
76.30the child's culture.
76.31    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
76.32inflicted by a person responsible for the child's care on a child other than by accidental
76.33means, or any physical or mental injury that cannot reasonably be explained by the child's
76.34history of injuries, or any aversive or deprivation procedures, or regulated interventions,
76.35that have not been authorized under section 125A.0942 or 245.825.
77.1    Abuse does not include reasonable and moderate physical discipline of a child
77.2administered by a parent or legal guardian which does not result in an injury. Abuse does
77.3not include the use of reasonable force by a teacher, principal, or school employee as
77.4allowed by section 121A.582. Actions which are not reasonable and moderate include,
77.5but are not limited to, any of the following that are done in anger or without regard to the
77.6safety of the child:
77.7    (1) throwing, kicking, burning, biting, or cutting a child;
77.8    (2) striking a child with a closed fist;
77.9    (3) shaking a child under age three;
77.10    (4) striking or other actions which result in any nonaccidental injury to a child
77.11under 18 months of age;
77.12    (5) unreasonable interference with a child's breathing;
77.13    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
77.14    (7) striking a child under age one on the face or head;
77.15    (8) striking a child who is at least age one but under age four on the face or head,
77.16which results in an injury;
77.17    (8) (9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
77.18substances which were not prescribed for the child by a practitioner, in order to control or
77.19punish the child; or other substances that substantially affect the child's behavior, motor
77.20coordination, or judgment or that results in sickness or internal injury, or subjects the
77.21child to medical procedures that would be unnecessary if the child were not exposed
77.22to the substances;
77.23    (9) (10) unreasonable physical confinement or restraint not permitted under section
77.24609.379 , including but not limited to tying, caging, or chaining; or
77.25    (10) (11) in a school facility or school zone, an act by a person responsible for the
77.26child's care that is a violation under section 121A.58.
77.27    (h) "Report" means any report communication received by the local welfare agency,
77.28police department, county sheriff, or agency responsible for assessing or investigating
77.29maltreatment child protection pursuant to this section that describes neglect or physical or
77.30sexual abuse of a child and contains sufficient content to identify the child and any person
77.31believed to be responsible for the neglect or abuse, if known.
77.32    (i) "Facility" means:
77.33    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
77.34sanitarium, or other facility or institution required to be licensed under sections 144.50 to
77.35144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245D;
78.1    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
78.2124D.10 ; or
78.3    (3) a nonlicensed personal care provider organization as defined in section
78.4256B.0625, subdivision 19a .
78.5    (j) "Operator" means an operator or agency as defined in section 245A.02.
78.6    (k) "Commissioner" means the commissioner of human services.
78.7    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
78.8not limited to employee assistance counseling and the provision of guardian ad litem and
78.9parenting time expeditor services.
78.10    (m) "Mental injury" means an injury to the psychological capacity or emotional
78.11stability of a child as evidenced by an observable or substantial impairment in the child's
78.12ability to function within a normal range of performance and behavior with due regard to
78.13the child's culture.
78.14    (n) "Threatened injury" means a statement, overt act, condition, or status that
78.15represents a substantial risk of physical or sexual abuse or mental injury. Threatened
78.16injury includes, but is not limited to, exposing a child to a person responsible for the
78.17child's care, as defined in paragraph (e), clause (1), who has:
78.18    (1) subjected a child to, or failed to protect a child from, an overt act or condition
78.19that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
78.20similar law of another jurisdiction;
78.21    (2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
78.22(b), clause (4), or a similar law of another jurisdiction;
78.23    (3) committed an act that has resulted in an involuntary termination of parental rights
78.24under section 260C.301, or a similar law of another jurisdiction; or
78.25    (4) committed an act that has resulted in the involuntary transfer of permanent
78.26legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
78.27260C.201, subdivision 11 , paragraph (d), clause (1), section 260C.515, subdivision 4, or a
78.28similar law of another jurisdiction.
78.29A child is the subject of a report of threatened injury when the responsible social
78.30services agency receives birth match data under paragraph (o) from the Department of
78.31Human Services.
78.32(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
78.33birth record or recognition of parentage identifying a child who is subject to threatened
78.34injury under paragraph (n), the Department of Human Services shall send the data to the
78.35responsible social services agency. The data is known as "birth match" data. Unless the
78.36responsible social services agency has already begun an investigation or assessment of the
79.1report due to the birth of the child or execution of the recognition of parentage and the
79.2parent's previous history with child protection, the agency shall accept the birth match
79.3data as a report under this section. The agency may use either a family assessment or
79.4investigation to determine whether the child is safe. All of the provisions of this section
79.5apply. If the child is determined to be safe, the agency shall consult with the county
79.6attorney to determine the appropriateness of filing a petition alleging the child is in need
79.7of protection or services under section 260C.007, subdivision 6, clause (16), in order to
79.8deliver needed services. If the child is determined not to be safe, the agency and the county
79.9attorney shall take appropriate action as required under section 260C.503, subdivision 2.
79.10    (p) Persons who conduct assessments or investigations under this section shall take
79.11into account accepted child-rearing practices of the culture in which a child participates
79.12and accepted teacher discipline practices, which are not injurious to the child's health,
79.13welfare, and safety.
79.14    (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
79.15occurrence or event which:
79.16    (1) is not likely to occur and could not have been prevented by exercise of due
79.17care; and
79.18    (2) if occurring while a child is receiving services from a facility, happens when the
79.19facility and the employee or person providing services in the facility are in compliance
79.20with the laws and rules relevant to the occurrence or event.
79.21(r) "Nonmaltreatment mistake" means:
79.22(1) at the time of the incident, the individual was performing duties identified in the
79.23center's child care program plan required under Minnesota Rules, part 9503.0045;
79.24(2) the individual has not been determined responsible for a similar incident that
79.25resulted in a finding of maltreatment for at least seven years;
79.26(3) the individual has not been determined to have committed a similar
79.27nonmaltreatment mistake under this paragraph for at least four years;
79.28(4) any injury to a child resulting from the incident, if treated, is treated only with
79.29remedies that are available over the counter, whether ordered by a medical professional or
79.30not; and
79.31(5) except for the period when the incident occurred, the facility and the individual
79.32providing services were both in compliance with all licensing requirements relevant to the
79.33incident.
79.34This definition only applies to child care centers licensed under Minnesota
79.35Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
80.1substantiated maltreatment by the individual, the commissioner of human services shall
80.2determine that a nonmaltreatment mistake was made by the individual.

80.3    Sec. 90. Minnesota Statutes 2014, section 626.556, subdivision 3, is amended to read:
80.4    Subd. 3. Persons mandated to report; persons voluntarily reporting. (a) A
80.5person who knows or has reason to believe a child is being neglected or physically or
80.6sexually abused, as defined in subdivision 2, or has been neglected or physically or
80.7sexually abused within the preceding three years, shall immediately report the information
80.8to the local welfare agency, agency responsible for assessing or investigating the report,
80.9police department, or the county sheriff, tribal social services agency, or tribal police
80.10department if the person is:
80.11    (1) a professional or professional's delegate who is engaged in the practice of
80.12the healing arts, social services, hospital administration, psychological or psychiatric
80.13treatment, child care, education, correctional supervision, probation and correctional
80.14services, or law enforcement; or
80.15    (2) employed as a member of the clergy and received the information while
80.16engaged in ministerial duties, provided that a member of the clergy is not required by
80.17this subdivision to report information that is otherwise privileged under section 595.02,
80.18subdivision 1
, paragraph (c).
80.19    The police department or the county sheriff, upon receiving a report, shall
80.20immediately notify the local welfare agency or agency responsible for assessing or
80.21investigating the report, orally and in writing. The local welfare agency, or agency
80.22responsible for assessing or investigating the report, upon receiving a report, shall
80.23immediately notify the local police department or the county sheriff orally and in writing.
80.24The county sheriff and the head of every local welfare agency, agency responsible
80.25for assessing or investigating reports, and police department shall each designate a
80.26person within their agency, department, or office who is responsible for ensuring that
80.27the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
80.28this subdivision shall be construed to require more than one report from any institution,
80.29facility, school, or agency.
80.30    (b) Any person may voluntarily report to the local welfare agency, agency
80.31responsible for assessing or investigating the report, police department, or the county
80.32sheriff, tribal social services agency, or tribal police department if the person knows,
80.33has reason to believe, or suspects a child is being or has been neglected or subjected to
80.34physical or sexual abuse. The police department or the county sheriff, upon receiving
80.35a report, shall immediately notify the local welfare agency or agency responsible for
81.1assessing or investigating the report, orally and in writing. The local welfare agency or
81.2agency responsible for assessing or investigating the report, upon receiving a report, shall
81.3immediately notify the local police department or the county sheriff orally and in writing.
81.4    (c) A person mandated to report physical or sexual child abuse or neglect occurring
81.5within a licensed facility shall report the information to the agency responsible for
81.6licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
81.7chapter 245D; or a nonlicensed personal care provider organization as defined in section
81.8256B.0625, subdivision 19 . A health or corrections agency receiving a report may request
81.9the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A
81.10board or other entity whose licensees perform work within a school facility, upon receiving
81.11a complaint of alleged maltreatment, shall provide information about the circumstances of
81.12the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4,
81.13applies to data received by the commissioner of education from a licensing entity.
81.14    (d) Any person mandated to report shall receive a summary of the disposition of
81.15any report made by that reporter, including whether the case has been opened for child
81.16protection or other services, or if a referral has been made to a community organization,
81.17unless release would be detrimental to the best interests of the child. Any person who is
81.18not mandated to report shall, upon request to the local welfare agency, receive a concise
81.19summary of the disposition of any report made by that reporter, unless release would be
81.20detrimental to the best interests of the child. Notification requirements under subdivision
81.2110 apply to all reports received under this section.
81.22    (e) For purposes of this section, "immediately" means as soon as possible but in
81.23no event longer than 24 hours.

81.24    Sec. 91. Minnesota Statutes 2014, section 626.556, subdivision 6a, is amended to read:
81.25    Subd. 6a. Failure to notify. If a local welfare agency receives a report under
81.26subdivision 3, paragraph (a) or (b), and fails to notify the local police department or county
81.27sheriff as required by subdivision 3, paragraph (a) or (b) 10, the person within the agency
81.28who is responsible for ensuring that notification is made shall be subject to disciplinary
81.29action in keeping with the agency's existing policy or collective bargaining agreement on
81.30discipline of employees. If a local police department or a county sheriff receives a report
81.31under subdivision 3, paragraph (a) or (b), and fails to notify the local welfare agency as
81.32required by subdivision 3, paragraph (a) or (b) 10, the person within the police department
81.33or county sheriff's office who is responsible for ensuring that notification is made shall be
81.34subject to disciplinary action in keeping with the agency's existing policy or collective
81.35bargaining agreement on discipline of employees.

82.1    Sec. 92. Minnesota Statutes 2014, section 626.556, subdivision 7, as amended by Laws
82.22015, chapter 4, section 2, is amended to read:
82.3    Subd. 7. Report; information provided to parent; reporter. (a) An oral report
82.4shall be made immediately by telephone or otherwise. An oral report made by a person
82.5required under subdivision 3 to report shall be followed within 72 hours, exclusive
82.6of weekends and holidays, by a report in writing to the appropriate police department,
82.7the county sheriff, the agency responsible for assessing or investigating the report, or
82.8the local welfare agency.
82.9    (b) The local welfare agency shall determine if the report is accepted for an
82.10assessment or investigation to be screened in or out as soon as possible but in no event
82.11longer than 24 hours after the report is received. When determining whether a report will
82.12be screened in or out, the agency receiving the report must consider, when relevant, all
82.13previous history, including reports that were screened out. The agency may communicate
82.14with treating professionals and individuals specified under subdivision 10, paragraph
82.15(i), clause (3), item (iii).
82.16    (b) (c) Any report shall be of sufficient content to identify the child, any person
82.17believed to be responsible for the abuse or neglect of the child if the person is known, the
82.18nature and extent of the abuse or neglect and the name and address of the reporter. The
82.19local welfare agency or agency responsible for assessing or investigating the report shall
82.20accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide
82.21the reporter's name or address as long as the report is otherwise sufficient under this
82.22paragraph. Written reports received by a police department or the county sheriff shall be
82.23forwarded immediately to the local welfare agency or the agency responsible for assessing
82.24or investigating the report. The police department or the county sheriff may keep copies of
82.25reports received by them. Copies of written reports received by a local welfare department
82.26or the agency responsible for assessing or investigating the report shall be forwarded
82.27immediately to the local police department or the county sheriff.
82.28    (c) (d) When requested, the agency responsible for assessing or investigating a
82.29report shall inform the reporter within ten days after the report was made, either orally or
82.30in writing, whether the report was accepted or not. If the responsible agency determines
82.31the report does not constitute a report under this section, the agency shall advise the
82.32reporter the report was screened out. Any person mandated to report shall receive a
82.33summary of the disposition of any report made by that reporter, including whether the case
82.34has been opened for child protection or other services, or if a referral has been made to a
82.35community organization, unless release would be detrimental to the best interests of the
82.36child. Any person who is not mandated to report shall, upon request to the local welfare
83.1agency, receive a concise summary of the disposition of any report made by that reporter,
83.2unless release would be detrimental to the best interests of the child.
83.3    (e) Reports that are screened out must be maintained in accordance with subdivision
83.411c, paragraph (a).
83.5    (f) A local welfare agency or agency responsible for investigating or assessing a
83.6report may use a screened-out report for making an offer of social services to the subjects
83.7of the screened-out report. A local welfare agency or agency responsible for evaluating a
83.8report alleging maltreatment of a child shall consider prior reports, including screened-out
83.9reports, to determine whether an investigation or family assessment must be conducted.
83.10    (d) (g) Notwithstanding paragraph (a), the commissioner of education must inform
83.11the parent, guardian, or legal custodian of the child who is the subject of a report of
83.12alleged maltreatment in a school facility within ten days of receiving the report, either
83.13orally or in writing, whether the commissioner is assessing or investigating the report
83.14of alleged maltreatment.
83.15    (e) (h) Regardless of whether a report is made under this subdivision, as soon as
83.16practicable after a school receives information regarding an incident that may constitute
83.17maltreatment of a child in a school facility, the school shall inform the parent, legal
83.18guardian, or custodian of the child that an incident has occurred that may constitute
83.19maltreatment of the child, when the incident occurred, and the nature of the conduct
83.20that may constitute maltreatment.
83.21    (f) (i) A written copy of a report maintained by personnel of agencies, other than
83.22welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
83.23An individual subject of the report may obtain access to the original report as provided
83.24by subdivision 11.

83.25    Sec. 93. Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
83.26to read:
83.27    Subd. 7a. Guidance for screening reports. (a) Child protection staff, supervisors,
83.28and others involved in child protection screening shall follow the guidance provided
83.29in the child maltreatment screening guidelines issued by the commissioner of human
83.30services and, when notified by the commissioner, shall immediately implement updated
83.31procedures and protocols.
83.32(b) Any modifications to the screening guidelines must be preapproved by the
83.33commissioner of human services and must not be less protective of children than is
83.34mandated by statute. The county agency must consult with the county attorney before
83.35proposing modifications to the commissioner. The guidelines may provide additional
84.1protections for children but must not limit reports that are screened in or provide
84.2additional limits on consideration of reports that were screened out in making screening
84.3determinations.

84.4    Sec. 94. Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:
84.5    Subd. 10. Duties of local welfare agency and local law enforcement agency upon
84.6receipt of report; mandatory notification between police or sheriff and agency. (a)
84.7The police department or the county sheriff shall immediately notify the local welfare
84.8agency or agency responsible for child protection reports under this section orally and
84.9in writing when a report is received. The local welfare agency or agency responsible
84.10for child protection reports shall immediately notify the local police department or the
84.11county sheriff orally and in writing when a report is received. The county sheriff and the
84.12head of every local welfare agency, agency responsible for child protection reports, and
84.13police department shall each designate a person within their agency, department, or office
84.14who is responsible for ensuring that the notification duties of this paragraph are carried
84.15out. When the alleged maltreatment occurred on tribal land, the local welfare agency or
84.16agency responsible for child protection reports and the local police department or the
84.17county sheriff shall immediately notify the tribe's social services agency and tribal law
84.18enforcement orally and in writing when a report is received.
84.19    (b) Upon receipt of a report, the local welfare agency shall determine whether to
84.20conduct a family assessment or an investigation as appropriate to prevent or provide a
84.21remedy for child maltreatment. The local welfare agency:
84.22    (1) shall conduct an investigation on reports involving sexual abuse or substantial
84.23child endangerment;
84.24    (2) shall begin an immediate investigation if, at any time when it is using a family
84.25assessment response, it determines that there is reason to believe that sexual abuse or
84.26substantial child endangerment or a serious threat to the child's safety exists;
84.27    (3) may conduct a family assessment for reports that do not allege sexual abuse or
84.28substantial child endangerment. In determining that a family assessment is appropriate,
84.29the local welfare agency may consider issues of child safety, parental cooperation, and
84.30the need for an immediate response; and
84.31    (4) may conduct a family assessment on a report that was initially screened and
84.32assigned for an investigation. In determining that a complete investigation is not required,
84.33the local welfare agency must document the reason for terminating the investigation and
84.34notify the local law enforcement agency if the local law enforcement agency is conducting
84.35a joint investigation.
85.1    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
85.2or individual functioning within the family unit as a person responsible for the child's
85.3care, or sexual abuse by a person with a significant relationship to the child when that
85.4person resides in the child's household or by a sibling, the local welfare agency shall
85.5immediately conduct a family assessment or investigation as identified in clauses (1)
85.6to (4). In conducting a family assessment or investigation, the local welfare agency
85.7shall gather information on the existence of substance abuse and domestic violence and
85.8offer services for purposes of preventing future child maltreatment, safeguarding and
85.9enhancing the welfare of the abused or neglected minor, and supporting and preserving
85.10family life whenever possible. If the report alleges a violation of a criminal statute
85.11involving sexual abuse, physical abuse, or neglect or endangerment, under section
85.12609.378 , the local law enforcement agency and local welfare agency shall coordinate the
85.13planning and execution of their respective investigation and assessment efforts to avoid a
85.14duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a
85.15separate report of the results of its investigation or assessment. In cases of alleged child
85.16maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a
85.17law enforcement investigation to make a determination of whether or not maltreatment
85.18occurred. When necessary the local welfare agency shall seek authority to remove the
85.19child from the custody of a parent, guardian, or adult with whom the child is living. In
85.20performing any of these duties, the local welfare agency shall maintain appropriate records.
85.21    If the family assessment or investigation indicates there is a potential for abuse of
85.22alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
85.23the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
85.24Rules, part 9530.6615.
85.25    (b) (c) When a local agency receives a report or otherwise has information indicating
85.26that a child who is a client, as defined in section 245.91, has been the subject of physical
85.27abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
85.28245.91 , it shall, in addition to its other duties under this section, immediately inform the
85.29ombudsman established under sections 245.91 to 245.97. The commissioner of education
85.30shall inform the ombudsman established under sections 245.91 to 245.97 of reports
85.31regarding a child defined as a client in section 245.91 that maltreatment occurred at a
85.32school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
85.33    (c) (d) Authority of the local welfare agency responsible for assessing or
85.34investigating the child abuse or neglect report, the agency responsible for assessing or
85.35investigating the report, and of the local law enforcement agency for investigating the
85.36alleged abuse or neglect includes, but is not limited to, authority to interview, without
86.1parental consent, the alleged victim and any other minors who currently reside with or
86.2who have resided with the alleged offender. The interview may take place at school or at
86.3any facility or other place where the alleged victim or other minors might be found or the
86.4child may be transported to, and the interview conducted at, a place appropriate for the
86.5interview of a child designated by the local welfare agency or law enforcement agency.
86.6The interview may take place outside the presence of the alleged offender or parent, legal
86.7custodian, guardian, or school official. For family assessments, it is the preferred practice
86.8to request a parent or guardian's permission to interview the child prior to conducting the
86.9child interview, unless doing so would compromise the safety assessment. Except as
86.10provided in this paragraph, the parent, legal custodian, or guardian shall be notified by
86.11the responsible local welfare or law enforcement agency no later than the conclusion of
86.12the investigation or assessment that this interview has occurred. Notwithstanding rule 32
86.13of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after
86.14hearing on an ex parte motion by the local welfare agency, order that, where reasonable
86.15cause exists, the agency withhold notification of this interview from the parent, legal
86.16custodian, or guardian. If the interview took place or is to take place on school property,
86.17the order shall specify that school officials may not disclose to the parent, legal custodian,
86.18or guardian the contents of the notification of intent to interview the child on school
86.19property, as provided under this paragraph, and any other related information regarding
86.20the interview that may be a part of the child's school record. A copy of the order shall be
86.21sent by the local welfare or law enforcement agency to the appropriate school official.
86.22    (d) (e) When the local welfare, local law enforcement agency, or the agency
86.23responsible for assessing or investigating a report of maltreatment determines that an
86.24interview should take place on school property, written notification of intent to interview
86.25the child on school property must be received by school officials prior to the interview.
86.26The notification shall include the name of the child to be interviewed, the purpose of the
86.27interview, and a reference to the statutory authority to conduct an interview on school
86.28property. For interviews conducted by the local welfare agency, the notification shall
86.29be signed by the chair of the local social services agency or the chair's designee. The
86.30notification shall be private data on individuals subject to the provisions of this paragraph.
86.31School officials may not disclose to the parent, legal custodian, or guardian the contents
86.32of the notification or any other related information regarding the interview until notified
86.33in writing by the local welfare or law enforcement agency that the investigation or
86.34assessment has been concluded, unless a school employee or agent is alleged to have
86.35maltreated the child. Until that time, the local welfare or law enforcement agency or the
87.1agency responsible for assessing or investigating a report of maltreatment shall be solely
87.2responsible for any disclosures regarding the nature of the assessment or investigation.
87.3    Except where the alleged offender is believed to be a school official or employee,
87.4the time and place, and manner of the interview on school premises shall be within the
87.5discretion of school officials, but the local welfare or law enforcement agency shall have
87.6the exclusive authority to determine who may attend the interview. The conditions as to
87.7time, place, and manner of the interview set by the school officials shall be reasonable and
87.8the interview shall be conducted not more than 24 hours after the receipt of the notification
87.9unless another time is considered necessary by agreement between the school officials and
87.10the local welfare or law enforcement agency. Where the school fails to comply with the
87.11provisions of this paragraph, the juvenile court may order the school to comply. Every
87.12effort must be made to reduce the disruption of the educational program of the child, other
87.13students, or school staff when an interview is conducted on school premises.
87.14    (e) (f) Where the alleged offender or a person responsible for the care of the alleged
87.15victim or other minor prevents access to the victim or other minor by the local welfare
87.16agency, the juvenile court may order the parents, legal custodian, or guardian to produce
87.17the alleged victim or other minor for questioning by the local welfare agency or the local
87.18law enforcement agency outside the presence of the alleged offender or any person
87.19responsible for the child's care at reasonable places and times as specified by court order.
87.20    (f) (g) Before making an order under paragraph (e) (f), the court shall issue an order
87.21to show cause, either upon its own motion or upon a verified petition, specifying the basis
87.22for the requested interviews and fixing the time and place of the hearing. The order to
87.23show cause shall be served personally and shall be heard in the same manner as provided
87.24in other cases in the juvenile court. The court shall consider the need for appointment of a
87.25guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
87.26litem shall be present at the hearing on the order to show cause.
87.27    (g) (h) The commissioner of human services, the ombudsman for mental health and
87.28developmental disabilities, the local welfare agencies responsible for investigating reports,
87.29the commissioner of education, and the local law enforcement agencies have the right to
87.30enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
87.31including medical records, as part of the investigation. Notwithstanding the provisions of
87.32chapter 13, they also have the right to inform the facility under investigation that they are
87.33conducting an investigation, to disclose to the facility the names of the individuals under
87.34investigation for abusing or neglecting a child, and to provide the facility with a copy of
87.35the report and the investigative findings.
88.1    (h) (i) The local welfare agency responsible for conducting a family assessment or
88.2investigation shall collect available and relevant information to determine child safety,
88.3risk of subsequent child maltreatment, and family strengths and needs and share not public
88.4information with an Indian's tribal social services agency without violating any law of the
88.5state that may otherwise impose duties of confidentiality on the local welfare agency in
88.6order to implement the tribal state agreement. The local welfare agency or the agency
88.7responsible for investigating the report shall collect available and relevant information
88.8to ascertain whether maltreatment occurred and whether protective services are needed.
88.9Information collected includes, when relevant, information with regard to the person
88.10reporting the alleged maltreatment, including the nature of the reporter's relationship to the
88.11child and to the alleged offender, and the basis of the reporter's knowledge for the report;
88.12the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
88.13collateral sources having relevant information related to the alleged maltreatment. The
88.14local welfare agency or the agency responsible for investigating the report may make a
88.15determination of no maltreatment early in an investigation, and close the case and retain
88.16immunity, if the collected information shows no basis for a full investigation.
88.17    Information relevant to the assessment or investigation must be asked for, and
88.18may include:
88.19    (1) the child's sex and age,; prior reports of maltreatment, including any
88.20maltreatment reports that were screened out and not accepted for assessment or
88.21investigation; information relating to developmental functioning,; credibility of the child's
88.22statement,; and whether the information provided under this clause is consistent with other
88.23information collected during the course of the assessment or investigation;
88.24    (2) the alleged offender's age, a record check for prior reports of maltreatment, and
88.25criminal charges and convictions. The local welfare agency or the agency responsible for
88.26assessing or investigating the report must provide the alleged offender with an opportunity
88.27to make a statement. The alleged offender may submit supporting documentation relevant
88.28to the assessment or investigation;
88.29    (3) collateral source information regarding the alleged maltreatment and care of the
88.30child. Collateral information includes, when relevant: (i) a medical examination of the
88.31child; (ii) prior medical records relating to the alleged maltreatment or the care of the
88.32child maintained by any facility, clinic, or health care professional and an interview with
88.33the treating professionals; and (iii) interviews with the child's caretakers, including the
88.34child's parent, guardian, foster parent, child care provider, teachers, counselors, family
88.35members, relatives, and other persons who may have knowledge regarding the alleged
88.36maltreatment and the care of the child; and
89.1    (4) information on the existence of domestic abuse and violence in the home of
89.2the child, and substance abuse.
89.3    Nothing in this paragraph precludes the local welfare agency, the local law
89.4enforcement agency, or the agency responsible for assessing or investigating the report
89.5from collecting other relevant information necessary to conduct the assessment or
89.6investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
89.7agency has access to medical data and records for purposes of clause (3). Notwithstanding
89.8the data's classification in the possession of any other agency, data acquired by the
89.9local welfare agency or the agency responsible for assessing or investigating the report
89.10during the course of the assessment or investigation are private data on individuals and
89.11must be maintained in accordance with subdivision 11. Data of the commissioner of
89.12education collected or maintained during and for the purpose of an investigation of
89.13alleged maltreatment in a school are governed by this section, notwithstanding the data's
89.14classification as educational, licensing, or personnel data under chapter 13.
89.15    In conducting an assessment or investigation involving a school facility as defined
89.16in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
89.17reports and data that are relevant to a report of maltreatment and are from local law
89.18enforcement and the school facility.
89.19    (i) (j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
89.20contact with the child reported to be maltreated and with the child's primary caregiver
89.21sufficient to complete a safety assessment and ensure the immediate safety of the child.
89.22The face-to-face contact with the child and primary caregiver shall occur immediately
89.23if sexual abuse or substantial child endangerment is alleged and within five calendar
89.24days for all other reports. If the alleged offender was not already interviewed as the
89.25primary caregiver, the local welfare agency shall also conduct a face-to-face interview
89.26with the alleged offender in the early stages of the assessment or investigation. At the
89.27initial contact, the local child welfare agency or the agency responsible for assessing or
89.28investigating the report must inform the alleged offender of the complaints or allegations
89.29made against the individual in a manner consistent with laws protecting the rights of the
89.30person who made the report. The interview with the alleged offender may be postponed if
89.31it would jeopardize an active law enforcement investigation.
89.32    (j) (k) When conducting an investigation, the local welfare agency shall use a
89.33question and answer interviewing format with questioning as nondirective as possible to
89.34elicit spontaneous responses. For investigations only, the following interviewing methods
89.35and procedures must be used whenever possible when collecting information:
89.36    (1) audio recordings of all interviews with witnesses and collateral sources; and
90.1    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with
90.2the alleged victim and child witnesses.
90.3    (k) (l) In conducting an assessment or investigation involving a school facility
90.4as defined in subdivision 2, paragraph (i), the commissioner of education shall collect
90.5available and relevant information and use the procedures in paragraphs (i), (j) and (k),
90.6and subdivision 3d, except that the requirement for face-to-face observation of the child
90.7and face-to-face interview of the alleged offender is to occur in the initial stages of the
90.8assessment or investigation provided that the commissioner may also base the assessment
90.9or investigation on investigative reports and data received from the school facility and
90.10local law enforcement, to the extent those investigations satisfy the requirements of
90.11paragraphs (i) and (j) and (k), and subdivision 3d.

90.12    Sec. 95. Minnesota Statutes 2014, section 626.556, subdivision 10e, is amended to read:
90.13    Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family
90.14assessment or the investigation within 45 days of the receipt of a report. The conclusion of
90.15the assessment or investigation may be extended to permit the completion of a criminal
90.16investigation or the receipt of expert information requested within 45 days of the receipt
90.17of the report.
90.18    (b) After conducting a family assessment, the local welfare agency shall determine
90.19whether services are needed to address the safety of the child and other family members
90.20and the risk of subsequent maltreatment.
90.21    (c) After conducting an investigation, the local welfare agency shall make two
90.22determinations: first, whether maltreatment has occurred; and second, whether child
90.23protective services are needed. No determination of maltreatment shall be made when the
90.24alleged perpetrator is a child under the age of ten.
90.25    (d) If the commissioner of education conducts an assessment or investigation,
90.26the commissioner shall determine whether maltreatment occurred and what corrective
90.27or protective action was taken by the school facility. If a determination is made that
90.28maltreatment has occurred, the commissioner shall report to the employer, the school
90.29board, and any appropriate licensing entity the determination that maltreatment occurred
90.30and what corrective or protective action was taken by the school facility. In all other cases,
90.31the commissioner shall inform the school board or employer that a report was received,
90.32the subject of the report, the date of the initial report, the category of maltreatment alleged
90.33as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
90.34of the specific reasons for the determination.
91.1    (e) When maltreatment is determined in an investigation involving a facility,
91.2the investigating agency shall also determine whether the facility or individual was
91.3responsible, or whether both the facility and the individual were responsible for the
91.4maltreatment using the mitigating factors in paragraph (i). Determinations under this
91.5subdivision must be made based on a preponderance of the evidence and are private data
91.6on individuals or nonpublic data as maintained by the commissioner of education.
91.7    (f) For the purposes of this subdivision, "maltreatment" means any of the following
91.8acts or omissions:
91.9    (1) physical abuse as defined in subdivision 2, paragraph (g);
91.10    (2) neglect as defined in subdivision 2, paragraph (f);
91.11    (3) sexual abuse as defined in subdivision 2, paragraph (d);
91.12    (4) mental injury as defined in subdivision 2, paragraph (m); or
91.13    (5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
91.14    (g) For the purposes of this subdivision, a determination that child protective
91.15services are needed means that the local welfare agency has documented conditions
91.16during the assessment or investigation sufficient to cause a child protection worker, as
91.17defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
91.18maltreatment if protective intervention is not provided and that the individuals responsible
91.19for the child's care have not taken or are not likely to take actions to protect the child
91.20from maltreatment or risk of maltreatment.
91.21    (h) This subdivision does not mean that maltreatment has occurred solely because
91.22the child's parent, guardian, or other person responsible for the child's care in good faith
91.23selects and depends upon spiritual means or prayer for treatment or care of disease
91.24or remedial care of the child, in lieu of medical care. However, if lack of medical care
91.25may result in serious danger to the child's health, the local welfare agency may ensure
91.26that necessary medical services are provided to the child.
91.27    (i) When determining whether the facility or individual is the responsible party, or
91.28whether both the facility and the individual are responsible for determined maltreatment in
91.29a facility, the investigating agency shall consider at least the following mitigating factors:
91.30    (1) whether the actions of the facility or the individual caregivers were according to,
91.31and followed the terms of, an erroneous physician order, prescription, individual care plan,
91.32or directive; however, this is not a mitigating factor when the facility or caregiver was
91.33responsible for the issuance of the erroneous order, prescription, individual care plan, or
91.34directive or knew or should have known of the errors and took no reasonable measures to
91.35correct the defect before administering care;
92.1    (2) comparative responsibility between the facility, other caregivers, and
92.2requirements placed upon an employee, including the facility's compliance with related
92.3regulatory standards and the adequacy of facility policies and procedures, facility training,
92.4an individual's participation in the training, the caregiver's supervision, and facility staffing
92.5levels and the scope of the individual employee's authority and discretion; and
92.6    (3) whether the facility or individual followed professional standards in exercising
92.7professional judgment.
92.8The evaluation of the facility's responsibility under clause (2) must not be based on the
92.9completeness of the risk assessment or risk reduction plan required under section 245A.66,
92.10but must be based on the facility's compliance with the regulatory standards for policies and
92.11procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.
92.12    (j) Notwithstanding paragraph (i), when maltreatment is determined to have been
92.13committed by an individual who is also the facility license holder, both the individual and
92.14the facility must be determined responsible for the maltreatment, and both the background
92.15study disqualification standards under section 245C.15, subdivision 4, and the licensing
92.16actions under sections 245A.06 or 245A.07 apply.
92.17(k) Individual counties may implement more detailed definitions or criteria that
92.18indicate which allegations to investigate, as long as a county's policies are consistent
92.19with the definitions in the statutes and rules and are approved by the county board. Each
92.20local welfare agency shall periodically inform mandated reporters under subdivision 3
92.21who work in the county of the definitions of maltreatment in the statutes and rules and any
92.22additional definitions or criteria that have been approved by the county board.

92.23    Sec. 96. Minnesota Statutes 2014, section 626.556, subdivision 10j, is amended to read:
92.24    Subd. 10j. Release of data to mandated reporters. (a) A local social services or
92.25child protection agency, or the agency responsible for assessing or investigating the report
92.26of maltreatment, may shall provide relevant private data on individuals obtained under
92.27this section to a mandated reporters reporter who made the report and who have has an
92.28ongoing responsibility for the health, education, or welfare of a child affected by the data,
92.29unless the agency determines that providing the data would not be in the best interests
92.30of the child. The agency may provide the data to other mandated reporters with ongoing
92.31responsibility for the health, education, or welfare of the child. Mandated reporters with
92.32ongoing responsibility for the health, education, or welfare of a child affected by the data
92.33include the child's teachers or other appropriate school personnel, foster parents, health
92.34care providers, respite care workers, therapists, social workers, child care providers,
92.35residential care staff, crisis nursery staff, probation officers, and court services personnel.
93.1Under this section, a mandated reporter need not have made the report to be considered a
93.2person with ongoing responsibility for the health, education, or welfare of a child affected
93.3by the data. Data provided under this section must be limited to data pertinent to the
93.4individual's responsibility for caring for the child.
93.5(b) A reporter who receives private data on individuals under this subdivision must
93.6treat the data according to that classification, regardless of whether the reporter is an
93.7employee of a government entity. The remedies and penalties under sections 13.08 and
93.813.09 apply if a reporter releases data in violation of this section or other law.

93.9    Sec. 97. Minnesota Statutes 2014, section 626.556, subdivision 10m, is amended to
93.10read:
93.11    Subd. 10m. Provision of child protective services; consultation with county
93.12attorney. (a) The local welfare agency shall create a written plan, in collaboration with
93.13the family whenever possible, within 30 days of the determination that child protective
93.14services are needed or upon joint agreement of the local welfare agency and the family
93.15that family support and preservation services are needed. Child protective services for a
93.16family are voluntary unless ordered by the court.
93.17(b) The local welfare agency shall consult with the county attorney to determine the
93.18appropriateness of filing a petition alleging the child is in need of protection or services
93.19under section 260C.007, subdivision 6, if:
93.20(1) the family does not accept or comply with a plan for child protective services;
93.21(2) voluntary child protective services may not provide sufficient protection for the
93.22child; or
93.23(3) the family is not cooperating with an investigation or assessment.

93.24    Sec. 98. Minnesota Statutes 2014, section 626.556, subdivision 11c, is amended to read:
93.25    Subd. 11c. Welfare, court services agency, and school records maintained.
93.26    Notwithstanding sections 138.163 and 138.17, records maintained or records derived
93.27from reports of abuse by local welfare agencies, agencies responsible for assessing or
93.28investigating the report, court services agencies, or schools under this section shall be
93.29destroyed as provided in paragraphs (a) to (d) by the responsible authority.
93.30    (a) For reports alleging child maltreatment that were not accepted for assessment
93.31or investigation, family assessment cases, and cases where an investigation results in no
93.32determination of maltreatment or the need for child protective services, the assessment or
93.33investigation records must be maintained for a period of four five years after the date the
93.34report was not accepted for assessment or investigation or of the final entry in the case
94.1record. Records of reports that were not accepted must contain sufficient information to
94.2identify the subjects of the report, the nature of the alleged maltreatment, and the reasons
94.3as to why the report was not accepted. Records under this paragraph may not be used for
94.4employment, background checks, or purposes other than to assist in future screening
94.5decisions and risk and safety assessments.
94.6    (b) All records relating to reports which, upon investigation, indicate either
94.7maltreatment or a need for child protective services shall be maintained for ten years after
94.8the date of the final entry in the case record.
94.9    (c) All records regarding a report of maltreatment, including any notification of intent
94.10to interview which was received by a school under subdivision 10, paragraph (d), shall be
94.11destroyed by the school when ordered to do so by the agency conducting the assessment or
94.12investigation. The agency shall order the destruction of the notification when other records
94.13relating to the report under investigation or assessment are destroyed under this subdivision.
94.14    (d) Private or confidential data released to a court services agency under subdivision
94.1510h must be destroyed by the court services agency when ordered to do so by the local
94.16welfare agency that released the data. The local welfare agency or agency responsible for
94.17assessing or investigating the report shall order destruction of the data when other records
94.18relating to the assessment or investigation are destroyed under this subdivision.
94.19(e) For reports alleging child maltreatment that were not accepted for assessment
94.20or investigation, counties shall maintain sufficient information to identify repeat reports
94.21alleging maltreatment of the same child or children for 365 days from the date the report
94.22was screened out. The commissioner of human services shall specify to the counties the
94.23minimum information needed to accomplish this purpose. Counties shall enter this data
94.24into the state social services information system.

94.25    Sec. 99. Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
94.26to read:
94.27    Subd. 16. Commissioner's duty to provide oversight; quality assurance reviews;
94.28annual summary of reviews. (a) The commissioner shall develop a plan to perform
94.29quality assurance reviews of local welfare agency screening practices and decisions.
94.30The commissioner shall provide oversight and guidance to counties to ensure consistent
94.31application of screening guidelines, thorough and appropriate screening decisions, and
94.32correct documentation and maintenance of reports. Quality assurance reviews must begin
94.33no later than September 30, 2015.
94.34(b) The commissioner shall produce an annual report of the summary results of the
94.35reviews. The report must only contain aggregate data and may not include any data that
95.1could be used to personally identify any subject whose data is included in the report. The
95.2report is public information and must be provided to the chairs and ranking minority
95.3members of the legislative committees having jurisdiction over child protection issues.

95.4    Sec. 100. Minnesota Statutes 2014, section 626.559, is amended by adding a
95.5subdivision to read:
95.6    Subd. 1b. Background studies. (a) County employees hired on or after July 1,
95.72015, who have responsibility for child protection duties or current county employees who
95.8are assigned new child protection duties on or after July 1, 2015, are required to undergo a
95.9background study. A county may complete these background studies by either:
95.10(1) use of the Department of Human Services NetStudy 2.0 system according to
95.11sections 245C.03 and 245C.10; or
95.12(2) an alternative process defined by the county.
95.13(b) County social services agencies and local welfare agencies must initiate
95.14background studies before an individual begins a position allowing direct contact with
95.15persons served by the agency.

95.16    Sec. 101. Laws 2014, chapter 189, section 5, is amended to read:
95.17    Sec. 5. Minnesota Statutes 2012, section 518C.201, is amended to read:
95.18518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.
95.19(a) In a proceeding to establish, or enforce, or modify a support order or to determine
95.20parentage of a child, a tribunal of this state may exercise personal jurisdiction over a
95.21nonresident individual or the individual's guardian or conservator if:
95.22(1) the individual is personally served with a summons or comparable document
95.23within this state;
95.24(2) the individual submits to the jurisdiction of this state by consent, by entering a
95.25general appearance, or by filing a responsive document having the effect of waiving any
95.26contest to personal jurisdiction;
95.27(3) the individual resided with the child in this state;
95.28(4) the individual resided in this state and provided prenatal expenses or support
95.29for the child;
95.30(5) the child resides in this state as a result of the acts or directives of the individual;
95.31(6) the individual engaged in sexual intercourse in this state and the child may have
95.32been conceived by that act of intercourse;
95.33(7) the individual asserted parentage of a child under sections 257.51 to 257.75; or
96.1(8) there is any other basis consistent with the constitutions of this state and the
96.2United States for the exercise of personal jurisdiction.
96.3(b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state
96.4may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child
96.5support order of another state unless the requirements of section 518C.611 are met, or, in
96.6the case of a foreign support order, unless the requirements of section 518C.615 are met.

96.7    Sec. 102. Laws 2014, chapter 189, section 9, is amended to read:
96.8    Sec. 9. Minnesota Statutes 2012, section 518C.205, is amended to read:
96.9518C.205 CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
96.10CHILD SUPPORT ORDER.
96.11    (a) A tribunal of this state that has issued a support order consistent with the law
96.12of this state has and shall exercise continuing, exclusive jurisdiction to modify its child
96.13support order if the order is the controlling order and:
96.14    (1) at the time of the filing of a request for modification this state is the residence of the
96.15obligor, the individual obligee, or the child for whose benefit the support order is issued; or
96.16    (2) even if this state is not the residence of the obligor, the individual obligee, or the
96.17child for whose benefit the support order is issued, the parties consent in a record or in open
96.18court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
96.19    (b) A tribunal of this state that has issued a child support order consistent with the
96.20law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
96.21    (1) all of the parties who are individuals file consent in a record with the tribunal of
96.22this state that a tribunal of another state that has jurisdiction over at least one of the parties
96.23who is an individual or that is located in the state of residence of the child may modify
96.24the order and assume continuing, exclusive jurisdiction; or
96.25    (2) its order is not the controlling order.
96.26    (c) If a tribunal of another state has issued a child support order pursuant to this
96.27chapter or a law substantially similar to this chapter the Uniform Interstate Family Support
96.28Act which modifies a child support order of a tribunal of this state, tribunals of this state
96.29shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
96.30    (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a
96.31child support order may serve as an initiating tribunal to request a tribunal of another state
96.32to modify a support order issued in that state.
96.33    (e) A temporary support order issued ex parte or pending resolution of a jurisdictional
96.34conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

97.1    Sec. 103. Laws 2014, chapter 189, section 10, is amended to read:
97.2    Sec. 10. Minnesota Statutes 2012, section 518C.206, is amended to read:
97.3518C.206 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
97.4BY TRIBUNAL HAVING CONTINUING JURISDICTION TO ENFORCE CHILD
97.5SUPPORT ORDER.
97.6(a) A tribunal of this state that has issued a child support order consistent with the
97.7law of this state may serve as an initiating tribunal to request a tribunal of another state
97.8to enforce:
97.9(1) the order if the order is the controlling order and has not been modified by
97.10a tribunal of another state that assumed jurisdiction pursuant to this chapter or a law
97.11substantially similar to this chapter the Uniform Interstate Family Support Act; or
97.12(2) a money judgment for arrears of support and interest on the order accrued before
97.13a determination that an order of a tribunal of another state is the controlling order.
97.14(b) A tribunal of this state having continuing, exclusive jurisdiction over a support
97.15order may act as a responding tribunal to enforce the order.

97.16    Sec. 104. Laws 2014, chapter 189, section 11, is amended to read:
97.17    Sec. 11. Minnesota Statutes 2012, section 518C.207, is amended to read:
97.18518C.207 RECOGNITION DETERMINATION OF CONTROLLING CHILD
97.19SUPPORT ORDER.
97.20(a) If a proceeding is brought under this chapter and only one tribunal has issued a
97.21child support order, the order of that tribunal is controlling controls and must be recognized.
97.22(b) If a proceeding is brought under this chapter, and two or more child support
97.23orders have been issued by tribunals of this state, another state, or a foreign country with
97.24regard to the same obligor and child, a tribunal of this state having personal jurisdiction
97.25over both the obligor and the individual obligee shall apply the following rules and by
97.26order shall determine which order controls and must be recognized:
97.27(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
97.28this chapter, the order of that tribunal is controlling controls.
97.29(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
97.30under this chapter:
97.31(i) an order issued by a tribunal in the current home state of the child controls; or
97.32(ii) if an order has not been issued in the current home state of the child, the order
97.33most recently issued controls.
97.34(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
97.35chapter, the tribunal of this state shall issue a child support order, which controls.
98.1(c) If two or more child support orders have been issued for the same obligor and
98.2child, upon request of a party who is an individual or that is a support enforcement agency,
98.3a tribunal of this state having personal jurisdiction over both the obligor and the obligee
98.4who is an individual shall determine which order controls under paragraph (b). The
98.5request may be filed with a registration for enforcement or registration for modification
98.6pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.
98.7(d) A request to determine which is the controlling order must be accompanied
98.8by a copy of every child support order in effect and the applicable record of payments.
98.9The requesting party shall give notice of the request to each party whose rights may
98.10be affected by the determination.
98.11(e) The tribunal that issued the controlling order under paragraph (a), (b), or (c) has
98.12continuing jurisdiction to the extent provided in section 518C.205, or 518C.206.
98.13(f) A tribunal of this state which determines by order which is the controlling order
98.14under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling
98.15child support order under paragraph (b), clause (3), shall state in that order:
98.16(1) the basis upon which the tribunal made its determination;
98.17(2) the amount of prospective support, if any; and
98.18(3) the total amount of consolidated arrears and accrued interest, if any, under all of
98.19the orders after all payments made are credited as provided by section 518C.209.
98.20(g) Within 30 days after issuance of the order determining which is the controlling
98.21order, the party obtaining that order shall file a certified copy of it with each tribunal that
98.22issued or registered an earlier order of child support. A party or support enforcement
98.23agency obtaining the order that fails to file a certified copy is subject to appropriate
98.24sanctions by a tribunal in which the issue of failure to file arises. The failure to file does
98.25not affect the validity or enforceability of the controlling order.
98.26(h) An order that has been determined to be the controlling order, or a judgment for
98.27consolidated arrears of support and interest, if any, made pursuant to this section must be
98.28recognized in proceedings under this chapter.

98.29    Sec. 105. Laws 2014, chapter 189, section 16, is amended to read:
98.30    Sec. 16. Minnesota Statutes 2012, section 518C.301, is amended to read:
98.31518C.301 PROCEEDINGS UNDER THIS CHAPTER.
98.32(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319
98.33apply to all proceedings under this chapter.
98.34(b) This chapter provides for the following proceedings:
99.1(1) establishment of an order for spousal support or child support pursuant to
99.2section 518C.401;
99.3(2) enforcement of a support order and income-withholding order of another state or
99.4a foreign country without registration pursuant to sections 518C.501 and 518C.502;
99.5(3) registration of an order for spousal support or child support of another state or a
99.6foreign country for enforcement pursuant to sections 518C.601 to 518C.612;
99.7(4) modification of an order for child support or spousal support issued by a tribunal
99.8of this state pursuant to sections 518C.203 to 518C.206;
99.9(5) registration of an order for child support of another state or a foreign country for
99.10modification pursuant to sections 518C.601 to 518C.612;
99.11(6) determination of parentage of a child pursuant to section 518C.701; and
99.12(7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and
99.13518C.202.
99.14(c) (b) An individual petitioner or a support enforcement agency may commence
99.15a proceeding authorized under this chapter by filing a petition in an initiating tribunal
99.16for forwarding to a responding tribunal or by filing a petition or a comparable pleading
99.17directly in a tribunal of another state or a foreign country which has or can obtain personal
99.18jurisdiction over the respondent.

99.19    Sec. 106. Laws 2014, chapter 189, section 17, is amended to read:
99.20    Sec. 17. Minnesota Statutes 2012, section 518C.303, is amended to read:
99.21518C.303 APPLICATION OF LAW OF THIS STATE.
99.22Except as otherwise provided by this chapter, a responding tribunal of this state shall:
99.23(1) apply the procedural and substantive law, including the rules on choice of law,
99.24generally applicable to similar proceedings originating in this state and may exercise all
99.25powers and provide all remedies available in those proceedings; and
99.26(2) determine the duty of support and the amount payable in accordance with the
99.27law and support guidelines of this state.

99.28    Sec. 107. Laws 2014, chapter 189, section 18, is amended to read:
99.29    Sec. 18. Minnesota Statutes 2012, section 518C.304, is amended to read:
99.30518C.304 DUTIES OF INITIATING TRIBUNAL.
99.31(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of
99.32this state shall forward the petition and its accompanying documents:
99.33(1) to the responding tribunal or appropriate support enforcement agency in the
99.34responding state; or
100.1(2) if the identity of the responding tribunal is unknown, to the state information
100.2agency of the responding state with a request that they be forwarded to the appropriate
100.3tribunal and that receipt be acknowledged.
100.4(b) If requested by the responding tribunal, a tribunal of this state shall issue a
100.5certificate or other documents and make findings required by the law of the responding
100.6state. If the responding tribunal is in a foreign country, upon request the tribunal of this
100.7state shall specify the amount of support sought, convert that amount into the equivalent
100.8amount in the foreign currency under applicable official or market exchange rate as
100.9publicly reported, and provide other documents necessary to satisfy the requirements of
100.10the responding foreign tribunal.

100.11    Sec. 108. Laws 2014, chapter 189, section 19, is amended to read:
100.12    Sec. 19. Minnesota Statutes 2012, section 518C.305, is amended to read:
100.13518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.
100.14(a) When a responding tribunal of this state receives a petition or comparable
100.15pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph (c)
100.16(b)
, it shall cause the petition or pleading to be filed and notify the petitioner where and
100.17when it was filed.
100.18(b) A responding tribunal of this state, to the extent otherwise authorized by not
100.19prohibited by other law, may do one or more of the following:
100.20(1) establish or enforce a support order, modify a child support order, determine the
100.21controlling child support order, or to determine parentage of a child;
100.22(2) order an obligor to comply with a support order, specifying the amount and
100.23the manner of compliance;
100.24(3) order income withholding;
100.25(4) determine the amount of any arrearages, and specify a method of payment;
100.26(5) enforce orders by civil or criminal contempt, or both;
100.27(6) set aside property for satisfaction of the support order;
100.28(7) place liens and order execution on the obligor's property;
100.29(8) order an obligor to keep the tribunal informed of the obligor's current residential
100.30address, electronic mail address, telephone number, employer, address of employment,
100.31and telephone number at the place of employment;
100.32(9) issue a bench warrant for an obligor who has failed after proper notice to appear
100.33at a hearing ordered by the tribunal and enter the bench warrant in any local and state
100.34computer systems for criminal warrants;
100.35(10) order the obligor to seek appropriate employment by specified methods;
101.1(11) award reasonable attorney's fees and other fees and costs; and
101.2(12) grant any other available remedy.
101.3(c) A responding tribunal of this state shall include in a support order issued under
101.4this chapter, or in the documents accompanying the order, the calculations on which
101.5the support order is based.
101.6(d) A responding tribunal of this state may not condition the payment of a support
101.7order issued under this chapter upon compliance by a party with provisions for visitation.
101.8(e) If a responding tribunal of this state issues an order under this chapter, the
101.9tribunal shall send a copy of the order to the petitioner and the respondent and to the
101.10initiating tribunal, if any.
101.11(f) If requested to enforce a support order, arrears, or judgment or modify a support
101.12order stated in a foreign currency, a responding tribunal of this state shall convert the
101.13amount stated in the foreign currency to the equivalent amount in dollars under the
101.14applicable official or market exchange rate as publicly reported.

101.15    Sec. 109. Laws 2014, chapter 189, section 23, is amended to read:
101.16    Sec. 23. Minnesota Statutes 2012, section 518C.310, is amended to read:
101.17518C.310 DUTIES OF STATE INFORMATION AGENCY.
101.18(a) The unit within the Department of Human Services that receives and disseminates
101.19incoming interstate actions under title IV-D of the Social Security Act is the State
101.20Information Agency under this chapter.
101.21(b) The State Information Agency shall:
101.22(1) compile and maintain a current list, including addresses, of the tribunals in this
101.23state which have jurisdiction under this chapter and any support enforcement agencies in
101.24this state and transmit a copy to the state information agency of every other state;
101.25(2) maintain a register of names and addresses of tribunals and support enforcement
101.26agencies received from other states;
101.27(3) forward to the appropriate tribunal in the place in this state in which the
101.28individual obligee or the obligor resides, or in which the obligor's property is believed
101.29to be located, all documents concerning a proceeding under this chapter received from
101.30another state or a foreign country; and
101.31(4) obtain information concerning the location of the obligor and the obligor's
101.32property within this state not exempt from execution, by such means as postal verification
101.33and federal or state locator services, examination of telephone directories, requests for the
101.34obligor's address from employers, and examination of governmental records, including, to
102.1the extent not prohibited by other law, those relating to real property, vital statistics, law
102.2enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

102.3    Sec. 110. Laws 2014, chapter 189, section 24, is amended to read:
102.4    Sec. 24. Minnesota Statutes 2012, section 518C.311, is amended to read:
102.5518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.
102.6(a) A petitioner seeking to establish or modify a support order, determine parentage
102.7of a child, or register and modify a support order of a tribunal of another state or a foreign
102.8country, in a proceeding under this chapter must file a petition. Unless otherwise ordered
102.9under section 518C.312, the petition or accompanying documents must provide, so far
102.10as known, the name, residential address, and Social Security numbers of the obligor and
102.11the obligee or parent and alleged parent, and the name, sex, residential address, Social
102.12Security number, and date of birth of each child for whom support is sought or whose
102.13parenthood parentage is to be determined. Unless filed at the time of registration, the
102.14petition must be accompanied by a certified copy of any support order in effect known
102.15to have been issued by another tribunal. The petition may include any other information
102.16that may assist in locating or identifying the respondent.
102.17(b) The petition must specify the relief sought. The petition and accompanying
102.18documents must conform substantially with the requirements imposed by the forms
102.19mandated by federal law for use in cases filed by a support enforcement agency.

102.20    Sec. 111. Laws 2014, chapter 189, section 27, is amended to read:
102.21    Sec. 27. Minnesota Statutes 2012, section 518C.314, is amended to read:
102.22518C.314 LIMITED IMMUNITY OF PETITIONER.
102.23(a) Participation by a petitioner in a proceeding under this chapter before a
102.24responding tribunal, whether in person, by private attorney, or through services provided
102.25by the support enforcement agency, does not confer personal jurisdiction over the
102.26petitioner in another proceeding.
102.27(b) A petitioner is not amenable to service of civil process while physically present
102.28in this state to participate in a proceeding under this chapter.
102.29(c) The immunity granted by this section does not extend to civil litigation based on
102.30acts unrelated to a proceeding under this chapter committed by a party while physically
102.31present in this state to participate in the proceeding.

102.32    Sec. 112. Laws 2014, chapter 189, section 28, is amended to read:
102.33    Sec. 28. Minnesota Statutes 2012, section 518C.316, is amended to read:
103.1518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
103.2(a) The physical presence of the petitioner a nonresident party who is an individual
103.3in a responding tribunal of this state is not required for the establishment, enforcement,
103.4or modification of a support order or the rendition of a judgment determining parentage
103.5of a child.
103.6(b) A verified petition, An affidavit, a document substantially complying with
103.7federally mandated forms, and or a document incorporated by reference in any of them,
103.8not excluded under the hearsay rule if given in person, is admissible in evidence if given
103.9under oath penalty of perjury by a party or witness residing outside this state.
103.10(c) A copy of the record of child support payments certified as a true copy of the
103.11original by the custodian of the record may be forwarded to a responding tribunal. The copy
103.12is evidence of facts asserted in it, and is admissible to show whether payments were made.
103.13(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
103.14health care of the mother and child, furnished to the adverse party at least ten days before
103.15trial, are admissible in evidence to prove the amount of the charges billed and that the
103.16charges were reasonable, necessary, and customary.
103.17(e) Documentary evidence transmitted from outside this state to a tribunal of this state
103.18by telephone, telecopier, or other electronic means that do not provide an original record
103.19may not be excluded from evidence on an objection based on the means of transmission.
103.20(f) In a proceeding under this chapter, a tribunal of this state shall permit a party
103.21or witness residing outside this state to be deposed or to testify under penalty of perjury
103.22by telephone, audiovisual means, or other electronic means at a designated tribunal or
103.23other location. A tribunal of this state shall cooperate with other tribunals in designating
103.24an appropriate location for the deposition or testimony.
103.25(g) If a party called to testify at a civil hearing refuses to answer on the ground that
103.26the testimony may be self-incriminating, the trier of fact may draw an adverse inference
103.27from the refusal.
103.28(h) A privilege against disclosure of communications between spouses does not
103.29apply in a proceeding under this chapter.
103.30(i) The defense of immunity based on the relationship of husband and wife or parent
103.31and child does not apply in a proceeding under this chapter.
103.32(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
103.33to establish parentage of a child.

103.34    Sec. 113. Laws 2014, chapter 189, section 29, is amended to read:
103.35    Sec. 29. Minnesota Statutes 2012, section 518C.317, is amended to read:
104.1518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.
104.2A tribunal of this state may communicate with a tribunal outside this state in
104.3writing, by e-mail, or a record, or by telephone, electronic mail, or other means, to obtain
104.4information concerning the laws of that state, the legal effect of a judgment, decree, or
104.5order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish
104.6similar information by similar means to a tribunal outside this state.

104.7    Sec. 114. Laws 2014, chapter 189, section 31, is amended to read:
104.8    Sec. 31. Minnesota Statutes 2012, section 518C.319, is amended to read:
104.9518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.
104.10(a) A support enforcement agency or tribunal of this state shall disburse promptly
104.11any amounts received pursuant to a support order, as directed by the order. The agency
104.12or tribunal shall furnish to a requesting party or tribunal of another state or a foreign
104.13country a certified statement by the custodian of the record of the amounts and dates
104.14of all payments received.
104.15(b) If neither the obligor, not nor the obligee who is an individual, nor the child
104.16resides in this state, upon request from the support enforcement agency of this state or
104.17another state, the support enforcement agency of this state or a tribunal of this state shall:
104.18(1) direct that the support payment be made to the support enforcement agency in
104.19the state in which the obligee is receiving services; and
104.20(2) issue and send to the obligor's employer a conforming income-withholding order
104.21or an administrative notice of change of payee, reflecting the redirected payments.
104.22(c) The support enforcement agency of this state receiving redirected payments from
104.23another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party
104.24or tribunal of the other state a certified statement by the custodian of the record of the
104.25amount and dates of all payments received.

104.26    Sec. 115. Laws 2014, chapter 189, section 43, is amended to read:
104.27    Sec. 43. Minnesota Statutes 2012, section 518C.604, is amended to read:
104.28518C.604 CHOICE OF LAW.
104.29(a) Except as otherwise provided in paragraph (d), the law of the issuing state or
104.30foreign country governs:
104.31(1) the nature, extent, amount, and duration of current payments under a registered
104.32support order;
104.33(2) the computation and payment of arrearages and accrual of interest on the
104.34arrearages under the support order; and
105.1(3) the existence and satisfaction of other obligations under the support order.
105.2(b) In a proceeding for arrearages under a registered support order, the statute of
105.3limitation under the laws of this state or of the issuing state or foreign country, whichever
105.4is longer, applies.
105.5(c) A responding tribunal of this state shall apply the procedures and remedies of
105.6this state to enforce current support and collect arrears and interest due on a support order
105.7of another state or a foreign country registered in this state.
105.8(d) After a tribunal of this state or another state determines which is the controlling
105.9order and issues an order consolidating arrears, if any, a tribunal of this state shall
105.10prospectively apply the law of the state or foreign country issuing the controlling order,
105.11including its law on interest on arrears, on current and future support, and on consolidated
105.12arrears.

105.13    Sec. 116. Laws 2014, chapter 189, section 50, is amended to read:
105.14    Sec. 50. Minnesota Statutes 2012, section 518C.611, is amended to read:
105.15518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
105.16STATE.
105.17(a) If section 518C.613 does not apply, upon petition a tribunal of this state may
105.18modify a child support order issued in another state that is registered in this state if, after
105.19notice and hearing, it finds that:
105.20(1) the following requirements are met:
105.21(i) neither the child, nor the obligee who is an individual, nor the obligor resides
105.22in the issuing state;
105.23(ii) a petitioner who is a nonresident of this state seeks modification; and
105.24(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
105.25(2) this state is the residence of the child, or a party who is an individual is subject to
105.26the personal jurisdiction of the tribunal of this state and all of the parties who are individuals
105.27have filed written consents in a record in the issuing tribunal for a tribunal of this state to
105.28modify the support order and assume continuing, exclusive jurisdiction over the order.
105.29(b) Modification of a registered child support order is subject to the same
105.30requirements, procedures, and defenses that apply to the modification of an order issued
105.31by a tribunal of this state and the order may be enforced and satisfied in the same manner.
105.32(c) A tribunal of this state may not modify any aspect of a child support order that
105.33may not be modified under the law of the issuing state, including the duration of the
105.34obligation of support. If two or more tribunals have issued child support orders for the
106.1same obligor and child, the order that controls and must be recognized under section
106.2518C.207 establishes the aspects of the support order which are nonmodifiable.
106.3(d) In a proceeding to modify a child support order, the law of the state that is
106.4determined to have issued the initial controlling order governs the duration of the
106.5obligation of support. The obligor's fulfillment of the duty of support established by that
106.6order precludes imposition of a further obligation of support by a tribunal of this state.
106.7(e) On issuance of an order by a tribunal of this state modifying a child support order
106.8issued in another state, a tribunal of this state becomes the tribunal having continuing,
106.9exclusive jurisdiction.
106.10(f) Notwithstanding paragraphs (a) to (d) (e) and section 518C.201, paragraph (b),
106.11a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this
106.12state if:
106.13(1) one party resides in another state; and
106.14(2) the other party resides outside the United States.

106.15    Sec. 117. Laws 2014, chapter 189, section 51, is amended to read:
106.16    Sec. 51. Minnesota Statutes 2012, section 518C.612, is amended to read:
106.17518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
106.18If a child support order issued by a tribunal of this state is modified by a tribunal of
106.19another state which assumed jurisdiction according to this chapter or a law substantially
106.20similar to this chapter pursuant to the Uniform Interstate Family Support Act, a tribunal of
106.21this state:
106.22(1) may enforce its order that was modified only as to arrears and interest accruing
106.23before the modification;
106.24(2) may provide appropriate relief for violations of its order which occurred before
106.25the effective date of the modification; and
106.26(3) shall recognize the modifying order of the other state, upon registration, for the
106.27purpose of enforcement.

106.28    Sec. 118. Laws 2014, chapter 189, section 52, is amended to read:
106.29    Sec. 52. Minnesota Statutes 2012, section 518C.613, is amended to read:
106.30518C.613 JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER
106.31STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
106.32(a) If all of the parties who are individuals reside in this state and the child does not
106.33reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify
106.34the issuing state's child support order in a proceeding to register that order.
107.1(b) A tribunal of this state exercising jurisdiction as provided in this section shall apply
107.2sections 518C.101 to 518C.209 518C.211 and 518C.601 to 518C.616 to the enforcement
107.3or modification proceeding. Sections 518C.301 to 518C.508 and 518C.701 to 518C.802
107.4do not apply and the tribunal shall apply the procedural and substantive law of this state.

107.5    Sec. 119. Laws 2014, chapter 189, section 73, is amended to read:
107.6    Sec. 73. EFFECTIVE DATE.
107.7This act becomes is effective on the date that the United States deposits the
107.8instrument of ratification for the Hague Convention on the International Recovery of Child
107.9Support and Other Forms of Family Maintenance with the Hague Conference on Private
107.10International Law July 1, 2015.
107.11EFFECTIVE DATE.This section is effective July 1, 2015.

107.12    Sec. 120. GROUP RESIDENTIAL HOUSING REPORT ON PROGRAM
107.13IMPROVEMENTS.
107.14(a) The commissioner shall, in coordination with stakeholders and advocates, build
107.15on the group residential housing (GRH) reforms made in the 2015 legislative session
107.16related to program integrity and uniformity, by restructuring the payment rates, exploring
107.17assessment tools, and proposing any other necessary modifications that will result in a
107.18more cost-effective program, and report to the members of the legislative committees
107.19having jurisdiction over GRH issues by December 15, 2016.
107.20(b) The working group, consisting of the commissioner, stakeholders, and advocates,
107.21shall examine the feasibility and fiscal implications of restructuring service rates by
107.22eliminating the supplemental service rates, and developing a plan to fund only those
107.23services, based on individual need, that are not covered by medical assistance, other
107.24insurance, or other programs. In addition, the working group shall analyze the payment
107.25structure, and explore different options, including tiered rates for services, and provide the
107.26plan and analysis under this paragraph in the report under paragraph (a).
107.27(c) To determine individual need, the working group shall explore assessment tools,
107.28and determine the appropriate assessment tool for the different populations served by the
107.29GRH program, which include homeless individuals, individuals with mental illness, and
107.30individuals who are chemically dependent. The working group shall coordinate efforts
107.31with agency staff who have expertise related to these populations, and use relevant
107.32information and data that is available, to determine the most appropriate and effective
107.33assessment tool or tools, and provide the analysis and an assessment recommendation in
107.34the report under paragraph (a).

108.1    Sec. 121. CHILD SUPPORT WORK GROUP.
108.2(a) A child support work group is established to review the parenting expense
108.3adjustment in Minnesota Statutes, section 518A.36, and to identify and recommend
108.4changes to the parenting expense adjustment.
108.5(b) Members of the work group shall include:
108.6(1) two members of the house of representatives, one appointed by the speaker of the
108.7house and one appointed by the minority leader;
108.8(2) two members of the senate, one appointed by the majority leader and one
108.9appointed by the minority leader;
108.10(3) the commissioner of human services or a designee;
108.11(4) one staff member from the Child Support Division of the Department of Human
108.12Services, appointed by the commissioner;
108.13(5) one representative of the Minnesota State Bar Association, Family Law section,
108.14appointed by the section;
108.15(6) one representative of the Minnesota County Attorney's Association, appointed
108.16by the association;
108.17(7) one representative of the Minnesota Legal Services Coalition, appointed by
108.18the coalition;
108.19(8) one representative of the Minnesota Family Support and Recovery Council,
108.20appointed by the council; and
108.21(9) two representatives from parent advocacy groups, one representing custodial
108.22parents and one representing noncustodial parents, appointed by the commissioner of
108.23human services.
108.24The commissioner, or the commissioner's designee, shall appoint the work group chair.
108.25(c) The work group shall be authorized to retain the services of an economist to help
108.26create an equitable parenting expense adjustment formula. The work group may hire an
108.27economist by use of a sole-source contract.
108.28(d) The work group shall issue a report to the chairs and ranking minority members
108.29of the legislative committees with jurisdiction over civil law, judiciary, and health and
108.30human services by January 15, 2016. The report must include recommendations for
108.31changes to the computation of child support and recommendations on the composition
108.32of a permanent child support task force.
108.33(e) Terms, compensation, and removal of members and the filling of vacancies are
108.34governed by Minnesota Statutes, section 15.059.
108.35(f) The work group expires January 16, 2016.

109.1    Sec. 122. INSTRUCTIONS TO THE COMMISSIONER; CHILD
109.2MALTREATMENT SCREENING GUIDELINES.
109.3(a) No later than October 1, 2015, the commissioner of human services shall update
109.4the child maltreatment screening guidelines to require agencies to consider prior reports that
109.5were not screened in when determining whether a new report will or will not be screened
109.6in. The updated guidelines must emphasize that intervention and prevention efforts are to
109.7focus on child safety and the ongoing risk of child abuse or neglect, and that the health and
109.8safety of children are of paramount concern. The commissioner shall work with a diverse
109.9group of community representatives who are experts on limiting cultural and ethnic bias
109.10when developing the updated guidelines. The guidelines must be developed with special
109.11sensitivity to reducing system bias with regard to screening and assessment tools.
109.12(b) No later than November 1, 2015, the commissioner shall publish and distribute
109.13the updated guidelines and ensure that all agency staff have received training on the
109.14updated guidelines.
109.15(c) Agency staff must implement the guidelines by January 1, 2016.

109.16    Sec. 123. COMMISSIONER'S DUTY TO PROVIDE TRAINING TO CHILD
109.17PROTECTION SUPERVISORS.
109.18    The commissioner shall establish requirements for competency-based initial
109.19training, support, and continuing education for child protection supervisors. This includes
109.20developing a set of competencies specific to child protection supervisor knowledge, skills,
109.21and attitudes based on the Minnesota Child Welfare Practice Model. Competency-based
109.22training of supervisors must advance continuous emphasis and improvement in skills that
109.23promote the use of the client's culture as a resource and the ability to integrate the client's
109.24traditions, customs, values, and faith into service delivery.

109.25    Sec. 124. CHILD PROTECTION UPDATED FORMULA.
109.26    The commissioner of human services shall evaluate the formulas in Minnesota
109.27Statutes, section 256M.41, and recommend an updated equitable distribution formula
109.28beginning in fiscal year 2018, for funding child protection staffing and expanded services
109.29to counties and tribes, taking into consideration any relief to counties and tribes for child
109.30welfare and foster care costs, additional tribes delivering social services, and any other
109.31relevant information that should be considered in developing a new distribution formula.
109.32The commissioner shall report to the legislative committees having jurisdiction over child
109.33protection issues by December 15, 2016.

110.1    Sec. 125. LEGISLATIVE TASK FORCE; CHILD PROTECTION.
110.2(a) A legislative task force is created to:
110.3(1) review the efforts being made to implement the recommendations of the
110.4Governor's Task Force on the Protection of Children, including a review of the roles and
110.5functions of the Office of Ombudsperson for Families;
110.6(2) expand the efforts into related areas of the child welfare system;
110.7(3) work with the commissioner of human services and community partners to
110.8establish and evaluate child protection grants to address disparities in child welfare
110.9pursuant to Minnesota Statutes, section 256E.28; and
110.10(4) identify additional areas within the child welfare system that need to be addressed
110.11by the legislature.
110.12(b) Members of the legislative task force shall include:
110.13(1) the four legislators who served as members of the Governor's Task Force on
110.14the Protection of Children;
110.15(2) two members from the house of representatives appointed by the speaker, one
110.16from the majority party and one from the minority party; and
110.17(3) two members from the senate appointed by the majority leader, one from the
110.18majority party and one from the minority party.
110.19The speaker and the majority leader shall each appoint a chair and vice-chair from the
110.20membership of the task force. The gavel shall rotate after each meeting, and the house of
110.21representatives shall assume the leadership of the task force first.
110.22(c) The task force may provide oversight and monitoring of:
110.23(1) the efforts by the Department of Human Services, counties, and tribes to
110.24implement laws related to child protection;
110.25(2) efforts by the Department of Human Services, counties, and tribes to implement
110.26the recommendations of the Governor's Task Force on the Protection of Children;
110.27(3) efforts by agencies, including but not limited to the Minnesota Department
110.28of Education, the Minnesota Housing Finance Agency, the Minnesota Department of
110.29Corrections, and the Minnesota Department of Public Safety, to work with the Department
110.30of Human Services to assure safety and well-being for children at risk of harm or children
110.31in the child welfare system; and
110.32(4) efforts by the Department of Human Services, other agencies, counties, and
110.33tribes to implement best practices to ensure every child is protected from maltreatment
110.34and neglect and to ensure every child has the opportunity for healthy development.
110.35(d) The task force, in cooperation with the commissioner of human services, shall
110.36issue a report to the legislature and governor February 1, 2016. The report must contain
111.1information on the progress toward implementation of changes to the child protection
111.2system, recommendations for additional legislative changes and procedures affecting child
111.3protection and child welfare, and funding needs to implement recommended changes.
111.4(e) The task force shall convene upon the effective date of this section and shall
111.5continue until the last day of the 2016 legislative session.
111.6EFFECTIVE DATE.This section is effective the day following final enactment.

111.7    Sec. 126. REVISOR'S INSTRUCTION.
111.8The revisor of statutes shall alphabetize the definitions in Minnesota Statutes, section
111.9626.556, subdivision 2, and correct related cross-references.

111.10ARTICLE 2
111.11CHEMICAL AND MENTAL HEALTH SERVICES

111.12    Section 1. Minnesota Statutes 2014, section 13.46, subdivision 2, is amended to read:
111.13    Subd. 2. General. (a) Data on individuals collected, maintained, used, or
111.14disseminated by the welfare system are private data on individuals, and shall not be
111.15disclosed except:
111.16    (1) according to section 13.05;
111.17    (2) according to court order;
111.18    (3) according to a statute specifically authorizing access to the private data;
111.19    (4) to an agent of the welfare system and an investigator acting on behalf of a county,
111.20the state, or the federal government, including a law enforcement person or attorney in the
111.21investigation or prosecution of a criminal, civil, or administrative proceeding relating to
111.22the administration of a program;
111.23    (5) to personnel of the welfare system who require the data to verify an individual's
111.24identity; determine eligibility, amount of assistance, and the need to provide services
111.25to an individual or family across programs; coordinate services for an individual or
111.26family; evaluate the effectiveness of programs; assess parental contribution amounts;
111.27and investigate suspected fraud;
111.28    (6) to administer federal funds or programs;
111.29    (7) between personnel of the welfare system working in the same program;
111.30    (8) to the Department of Revenue to assess parental contribution amounts for
111.31purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
111.32programs and to identify individuals who may benefit from these programs. The following
111.33information may be disclosed under this paragraph: an individual's and their dependent's
111.34names, dates of birth, Social Security numbers, income, addresses, and other data as
112.1required, upon request by the Department of Revenue. Disclosures by the commissioner
112.2of revenue to the commissioner of human services for the purposes described in this clause
112.3are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
112.4but are not limited to, the dependent care credit under section 290.067, the Minnesota
112.5working family credit under section 290.0671, the property tax refund and rental credit
112.6under section 290A.04, and the Minnesota education credit under section 290.0674;
112.7    (9) between the Department of Human Services, the Department of Employment
112.8and Economic Development, and when applicable, the Department of Education, for
112.9the following purposes:
112.10    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
112.11employment or training program administered, supervised, or certified by that agency;
112.12    (ii) to administer any rehabilitation program or child care assistance program,
112.13whether alone or in conjunction with the welfare system;
112.14    (iii) to monitor and evaluate the Minnesota family investment program or the child
112.15care assistance program by exchanging data on recipients and former recipients of food
112.16support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
112.17under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
112.18    (iv) to analyze public assistance employment services and program utilization,
112.19cost, effectiveness, and outcomes as implemented under the authority established in Title
112.20II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
112.211999. Health records governed by sections 144.291 to 144.298 and "protected health
112.22information" as defined in Code of Federal Regulations, title 45, section 160.103, and
112.23governed by Code of Federal Regulations, title 45, parts 160-164, including health care
112.24claims utilization information, must not be exchanged under this clause;
112.25    (10) to appropriate parties in connection with an emergency if knowledge of
112.26the information is necessary to protect the health or safety of the individual or other
112.27individuals or persons;
112.28    (11) data maintained by residential programs as defined in section 245A.02 may
112.29be disclosed to the protection and advocacy system established in this state according
112.30to Part C of Public Law 98-527 to protect the legal and human rights of persons with
112.31developmental disabilities or other related conditions who live in residential facilities for
112.32these persons if the protection and advocacy system receives a complaint by or on behalf
112.33of that person and the person does not have a legal guardian or the state or a designee of
112.34the state is the legal guardian of the person;
112.35    (12) to the county medical examiner or the county coroner for identifying or locating
112.36relatives or friends of a deceased person;
113.1    (13) data on a child support obligor who makes payments to the public agency
113.2may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
113.3determine eligibility under section 136A.121, subdivision 2, clause (5);
113.4    (14) participant Social Security numbers and names collected by the telephone
113.5assistance program may be disclosed to the Department of Revenue to conduct an
113.6electronic data match with the property tax refund database to determine eligibility under
113.7section 237.70, subdivision 4a;
113.8    (15) the current address of a Minnesota family investment program participant
113.9may be disclosed to law enforcement officers who provide the name of the participant
113.10and notify the agency that:
113.11    (i) the participant:
113.12    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
113.13conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
113.14jurisdiction from which the individual is fleeing; or
113.15    (B) is violating a condition of probation or parole imposed under state or federal law;
113.16    (ii) the location or apprehension of the felon is within the law enforcement officer's
113.17official duties; and
113.18    (iii) the request is made in writing and in the proper exercise of those duties;
113.19    (16) the current address of a recipient of general assistance or general assistance
113.20medical care may be disclosed to probation officers and corrections agents who are
113.21supervising the recipient and to law enforcement officers who are investigating the
113.22recipient in connection with a felony level offense;
113.23    (17) information obtained from food support applicant or recipient households may
113.24be disclosed to local, state, or federal law enforcement officials, upon their written request,
113.25for the purpose of investigating an alleged violation of the Food Stamp Act, according
113.26to Code of Federal Regulations, title 7, section 272.1(c);
113.27    (18) the address, Social Security number, and, if available, photograph of any
113.28member of a household receiving food support shall be made available, on request, to a
113.29local, state, or federal law enforcement officer if the officer furnishes the agency with the
113.30name of the member and notifies the agency that:
113.31    (i) the member:
113.32    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
113.33crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
113.34    (B) is violating a condition of probation or parole imposed under state or federal
113.35law; or
114.1    (C) has information that is necessary for the officer to conduct an official duty related
114.2to conduct described in subitem (A) or (B);
114.3    (ii) locating or apprehending the member is within the officer's official duties; and
114.4    (iii) the request is made in writing and in the proper exercise of the officer's official
114.5duty;
114.6    (19) the current address of a recipient of Minnesota family investment program,
114.7general assistance, general assistance medical care, or food support may be disclosed to
114.8law enforcement officers who, in writing, provide the name of the recipient and notify the
114.9agency that the recipient is a person required to register under section 243.166, but is not
114.10residing at the address at which the recipient is registered under section 243.166;
114.11    (20) certain information regarding child support obligors who are in arrears may be
114.12made public according to section 518A.74;
114.13    (21) data on child support payments made by a child support obligor and data on
114.14the distribution of those payments excluding identifying information on obligees may be
114.15disclosed to all obligees to whom the obligor owes support, and data on the enforcement
114.16actions undertaken by the public authority, the status of those actions, and data on the
114.17income of the obligor or obligee may be disclosed to the other party;
114.18    (22) data in the work reporting system may be disclosed under section 256.998,
114.19subdivision 7
;
114.20    (23) to the Department of Education for the purpose of matching Department of
114.21Education student data with public assistance data to determine students eligible for free
114.22and reduced-price meals, meal supplements, and free milk according to United States
114.23Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
114.24state funds that are distributed based on income of the student's family; and to verify
114.25receipt of energy assistance for the telephone assistance plan;
114.26    (24) the current address and telephone number of program recipients and emergency
114.27contacts may be released to the commissioner of health or a community health board as
114.28defined in section 145A.02, subdivision 5, when the commissioner or community health
114.29board has reason to believe that a program recipient is a disease case, carrier, suspect case,
114.30or at risk of illness, and the data are necessary to locate the person;
114.31    (25) to other state agencies, statewide systems, and political subdivisions of this
114.32state, including the attorney general, and agencies of other states, interstate information
114.33networks, federal agencies, and other entities as required by federal regulation or law for
114.34the administration of the child support enforcement program;
115.1    (26) to personnel of public assistance programs as defined in section 256.741, for
115.2access to the child support system database for the purpose of administration, including
115.3monitoring and evaluation of those public assistance programs;
115.4    (27) to monitor and evaluate the Minnesota family investment program by
115.5exchanging data between the Departments of Human Services and Education, on
115.6recipients and former recipients of food support, cash assistance under chapter 256, 256D,
115.7256J, or 256K, child care assistance under chapter 119B, or medical programs under
115.8chapter 256B, 256D, or 256L;
115.9    (28) to evaluate child support program performance and to identify and prevent
115.10fraud in the child support program by exchanging data between the Department of Human
115.11Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
115.12and (b), without regard to the limitation of use in paragraph (c), Department of Health,
115.13Department of Employment and Economic Development, and other state agencies as is
115.14reasonably necessary to perform these functions;
115.15    (29) counties operating child care assistance programs under chapter 119B may
115.16disseminate data on program participants, applicants, and providers to the commissioner
115.17of education; or
115.18    (30) child support data on the child, the parents, and relatives of the child may be
115.19disclosed to agencies administering programs under titles IV-B and IV-E of the Social
115.20Security Act, as authorized by federal law.; or
115.21(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
115.22necessary to coordinate services.
115.23    (b) Information on persons who have been treated for drug or alcohol abuse may
115.24only be disclosed according to the requirements of Code of Federal Regulations, title
115.2542, sections 2.1 to 2.67.
115.26    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
115.27(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
115.28nonpublic while the investigation is active. The data are private after the investigation
115.29becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
115.30    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
115.31not subject to the access provisions of subdivision 10, paragraph (b).
115.32    For the purposes of this subdivision, a request will be deemed to be made in writing
115.33if made through a computer interface system.

115.34    Sec. 2. Minnesota Statutes 2014, section 13.46, subdivision 7, is amended to read:
116.1    Subd. 7. Mental health data. (a) Mental health data are private data on individuals
116.2and shall not be disclosed, except:
116.3(1) pursuant to section 13.05, as determined by the responsible authority for the
116.4community mental health center, mental health division, or provider;
116.5(2) pursuant to court order;
116.6(3) pursuant to a statute specifically authorizing access to or disclosure of mental
116.7health data or as otherwise provided by this subdivision; or
116.8(4) to personnel of the welfare system working in the same program or providing
116.9services to the same individual or family to the extent necessary to coordinate services,
116.10provided that a health record may be disclosed only as provided under section 144.293;
116.11(5) to a health care provider governed by sections 144.291 to 144.298, to the extent
116.12necessary to coordinate services; or
116.13(6) with the consent of the client or patient.
116.14(b) An agency of the welfare system may not require an individual to consent to the
116.15release of mental health data as a condition for receiving services or for reimbursing a
116.16community mental health center, mental health division of a county, or provider under
116.17contract to deliver mental health services.
116.18(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law
116.19to the contrary, the responsible authority for a community mental health center, mental
116.20health division of a county, or a mental health provider must disclose mental health data to
116.21a law enforcement agency if the law enforcement agency provides the name of a client or
116.22patient and communicates that the:
116.23(1) client or patient is currently involved in an emergency interaction with the law
116.24enforcement agency; and
116.25(2) data is necessary to protect the health or safety of the client or patient or of
116.26another person.
116.27The scope of disclosure under this paragraph is limited to the minimum necessary for
116.28law enforcement to respond to the emergency. Disclosure under this paragraph may include,
116.29but is not limited to, the name and telephone number of the psychiatrist, psychologist,
116.30therapist, mental health professional, practitioner, or case manager of the client or patient.
116.31A law enforcement agency that obtains mental health data under this paragraph shall
116.32maintain a record of the requestor, the provider of the information, and the client or patient
116.33name. Mental health data obtained by a law enforcement agency under this paragraph
116.34are private data on individuals and must not be used by the law enforcement agency for
116.35any other purpose. A law enforcement agency that obtains mental health data under this
116.36paragraph shall inform the subject of the data that mental health data was obtained.
117.1(d) In the event of a request under paragraph (a), clause (4), a community mental
117.2health center, county mental health division, or provider must release mental health data to
117.3Criminal Mental Health Court personnel in advance of receiving a copy of a consent if the
117.4Criminal Mental Health Court personnel communicate that the:
117.5(1) client or patient is a defendant in a criminal case pending in the district court;
117.6(2) data being requested is limited to information that is necessary to assess whether
117.7the defendant is eligible for participation in the Criminal Mental Health Court; and
117.8(3) client or patient has consented to the release of the mental health data and a copy
117.9of the consent will be provided to the community mental health center, county mental
117.10health division, or provider within 72 hours of the release of the data.
117.11For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
117.12criminal calendar of the Hennepin County District Court for defendants with mental illness
117.13and brain injury where a primary goal of the calendar is to assess the treatment needs of
117.14the defendants and to incorporate those treatment needs into voluntary case disposition
117.15plans. The data released pursuant to this paragraph may be used for the sole purpose of
117.16determining whether the person is eligible for participation in mental health court. This
117.17paragraph does not in any way limit or otherwise extend the rights of the court to obtain the
117.18release of mental health data pursuant to court order or any other means allowed by law.

117.19    Sec. 3. Minnesota Statutes 2014, section 62Q.55, subdivision 3, is amended to read:
117.20    Subd. 3. Emergency services. As used in this section, "emergency services" means,
117.21with respect to an emergency medical condition:
117.22(1) a medical screening examination, as required under section 1867 of the Social
117.23Security Act, that is within the capability of the emergency department of a hospital,
117.24including ancillary services routinely available to the emergency department to evaluate
117.25such emergency medical condition; and
117.26(2) within the capabilities of the staff and facilities available at the hospital, such
117.27further medical examination and treatment as are required under section 1867 of the Social
117.28Security Act to stabilize the patient; and
117.29(3) emergency services as defined in sections 245.462, subdivision 11, and 245.4871,
117.30subdivision 14.

117.31    Sec. 4. Minnesota Statutes 2014, section 144.293, subdivision 6, is amended to read:
117.32    Subd. 6. Consent does not expire. Notwithstanding subdivision 4, if a patient
117.33explicitly gives informed consent to the release of health records for the purposes and
118.1restrictions in clauses clause (1) and, (2), or (3), the consent does not expire after one
118.2year for:
118.3    (1) the release of health records to a provider who is being advised or consulted with
118.4in connection with the releasing provider's current treatment of the patient;
118.5    (2) the release of health records to an accident and health insurer, health service plan
118.6corporation, health maintenance organization, or third-party administrator for purposes of
118.7payment of claims, fraud investigation, or quality of care review and studies, provided that:
118.8    (i) the use or release of the records complies with sections 72A.49 to 72A.505;
118.9    (ii) further use or release of the records in individually identifiable form to a person
118.10other than the patient without the patient's consent is prohibited; and
118.11    (iii) the recipient establishes adequate safeguards to protect the records from
118.12unauthorized disclosure, including a procedure for removal or destruction of information
118.13that identifies the patient; or
118.14    (3) the release of health records to a program in the welfare system, as defined in
118.15section 13.46, to the extent necessary to coordinate services for the patient.

118.16    Sec. 5. Minnesota Statutes 2014, section 144.551, subdivision 1, is amended to read:
118.17    Subdivision 1. Restricted construction or modification. (a) The following
118.18construction or modification may not be commenced:
118.19(1) any erection, building, alteration, reconstruction, modernization, improvement,
118.20extension, lease, or other acquisition by or on behalf of a hospital that increases the bed
118.21capacity of a hospital, relocates hospital beds from one physical facility, complex, or site
118.22to another, or otherwise results in an increase or redistribution of hospital beds within
118.23the state; and
118.24(2) the establishment of a new hospital.
118.25(b) This section does not apply to:
118.26(1) construction or relocation within a county by a hospital, clinic, or other health
118.27care facility that is a national referral center engaged in substantial programs of patient
118.28care, medical research, and medical education meeting state and national needs that
118.29receives more than 40 percent of its patients from outside the state of Minnesota;
118.30(2) a project for construction or modification for which a health care facility held
118.31an approved certificate of need on May 1, 1984, regardless of the date of expiration of
118.32the certificate;
118.33(3) a project for which a certificate of need was denied before July 1, 1990, if a
118.34timely appeal results in an order reversing the denial;
119.1(4) a project exempted from certificate of need requirements by Laws 1981, chapter
119.2200, section 2;
119.3(5) a project involving consolidation of pediatric specialty hospital services within
119.4the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the
119.5number of pediatric specialty hospital beds among the hospitals being consolidated;
119.6(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds
119.7to an existing licensed hospital that will allow for the reconstruction of a new philanthropic,
119.8pediatric-orthopedic hospital on an existing site and that will not result in a net increase in
119.9the number of hospital beds. Upon completion of the reconstruction, the licenses of both
119.10hospitals must be reinstated at the capacity that existed on each site before the relocation;
119.11(7) the relocation or redistribution of hospital beds within a hospital building or
119.12identifiable complex of buildings provided the relocation or redistribution does not result
119.13in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds
119.14from one physical site or complex to another; or (iii) redistribution of hospital beds within
119.15the state or a region of the state;
119.16(8) relocation or redistribution of hospital beds within a hospital corporate system
119.17that involves the transfer of beds from a closed facility site or complex to an existing site
119.18or complex provided that: (i) no more than 50 percent of the capacity of the closed facility
119.19is transferred; (ii) the capacity of the site or complex to which the beds are transferred
119.20does not increase by more than 50 percent; (iii) the beds are not transferred outside of a
119.21federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or
119.22redistribution does not involve the construction of a new hospital building;
119.23(9) a construction project involving up to 35 new beds in a psychiatric hospital in
119.24Rice County that primarily serves adolescents and that receives more than 70 percent of its
119.25patients from outside the state of Minnesota;
119.26(10) a project to replace a hospital or hospitals with a combined licensed capacity
119.27of 130 beds or less if: (i) the new hospital site is located within five miles of the current
119.28site; and (ii) the total licensed capacity of the replacement hospital, either at the time of
119.29construction of the initial building or as the result of future expansion, will not exceed 70
119.30licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;
119.31(11) the relocation of licensed hospital beds from an existing state facility operated
119.32by the commissioner of human services to a new or existing facility, building, or complex
119.33operated by the commissioner of human services; from one regional treatment center
119.34site to another; or from one building or site to a new or existing building or site on the
119.35same campus;
120.1(12) the construction or relocation of hospital beds operated by a hospital having a
120.2statutory obligation to provide hospital and medical services for the indigent that does not
120.3result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27
120.4beds, of which 12 serve mental health needs, may be transferred from Hennepin County
120.5Medical Center to Regions Hospital under this clause;
120.6(13) a construction project involving the addition of up to 31 new beds in an existing
120.7nonfederal hospital in Beltrami County;
120.8(14) a construction project involving the addition of up to eight new beds in an
120.9existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
120.10(15) a construction project involving the addition of 20 new hospital beds
120.11used for rehabilitation services in an existing hospital in Carver County serving the
120.12southwest suburban metropolitan area. Beds constructed under this clause shall not be
120.13eligible for reimbursement under medical assistance, general assistance medical care,
120.14or MinnesotaCare;
120.15(16) a project for the construction or relocation of up to 20 hospital beds for the
120.16operation of up to two psychiatric facilities or units for children provided that the operation
120.17of the facilities or units have received the approval of the commissioner of human services;
120.18(17) a project involving the addition of 14 new hospital beds to be used for
120.19rehabilitation services in an existing hospital in Itasca County;
120.20(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin
120.21County that closed 20 rehabilitation beds in 2002, provided that the beds are used only
120.22for rehabilitation in the hospital's current rehabilitation building. If the beds are used for
120.23another purpose or moved to another location, the hospital's licensed capacity is reduced
120.24by 20 beds;
120.25(19) a critical access hospital established under section 144.1483, clause (9), and
120.26section 1820 of the federal Social Security Act, United States Code, title 42, section
120.271395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public
120.28Law 105-33, to the extent that the critical access hospital does not seek to exceed the
120.29maximum number of beds permitted such hospital under federal law;
120.30(20) notwithstanding section 144.552, a project for the construction of a new hospital
120.31in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
120.32(i) the project, including each hospital or health system that will own or control the
120.33entity that will hold the new hospital license, is approved by a resolution of the Maple
120.34Grove City Council as of March 1, 2006;
120.35(ii) the entity that will hold the new hospital license will be owned or controlled by
120.36one or more not-for-profit hospitals or health systems that have previously submitted a
121.1plan or plans for a project in Maple Grove as required under section 144.552, and the
121.2plan or plans have been found to be in the public interest by the commissioner of health
121.3as of April 1, 2005;
121.4(iii) the new hospital's initial inpatient services must include, but are not limited
121.5to, medical and surgical services, obstetrical and gynecological services, intensive
121.6care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics,
121.7behavioral health services, and emergency room services;
121.8(iv) the new hospital:
121.9(A) will have the ability to provide and staff sufficient new beds to meet the growing
121.10needs of the Maple Grove service area and the surrounding communities currently being
121.11served by the hospital or health system that will own or control the entity that will hold
121.12the new hospital license;
121.13(B) will provide uncompensated care;
121.14(C) will provide mental health services, including inpatient beds;
121.15(D) will be a site for workforce development for a broad spectrum of
121.16health-care-related occupations and have a commitment to providing clinical training
121.17programs for physicians and other health care providers;
121.18(E) will demonstrate a commitment to quality care and patient safety;
121.19(F) will have an electronic medical records system, including physician order entry;
121.20(G) will provide a broad range of senior services;
121.21(H) will provide emergency medical services that will coordinate care with regional
121.22providers of trauma services and licensed emergency ambulance services in order to
121.23enhance the continuity of care for emergency medical patients; and
121.24(I) will be completed by December 31, 2009, unless delayed by circumstances
121.25beyond the control of the entity holding the new hospital license; and
121.26(v) as of 30 days following submission of a written plan, the commissioner of health
121.27has not determined that the hospitals or health systems that will own or control the entity
121.28that will hold the new hospital license are unable to meet the criteria of this clause;
121.29(21) a project approved under section 144.553;
121.30(22) a project for the construction of a hospital with up to 25 beds in Cass County
121.31within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's
121.32license holder is approved by the Cass County Board;
121.33(23) a project for an acute care hospital in Fergus Falls that will increase the bed
121.34capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16
121.35and closing a separately licensed 13-bed skilled nursing facility;
122.1(24) notwithstanding section 144.552, a project for the construction and expansion
122.2of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for
122.3patients who are under 21 years of age on the date of admission. The commissioner
122.4conducted a public interest review of the mental health needs of Minnesota and the Twin
122.5Cities metropolitan area in 2008. No further public interest review shall be conducted for
122.6the construction or expansion project under this clause; or
122.7(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if
122.8the commissioner finds the project is in the public interest after the public interest review
122.9conducted under section 144.552 is complete; or
122.10(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the
122.11city of Maple Grove, exclusively for patients who are under 21 years of age on the date of
122.12admission, if the commissioner finds the project is in the public interest after the public
122.13interest review conducted under section 144.552 is complete;
122.14(ii) this project shall serve patients in the continuing care benefit program under
122.15section 256.9693. The project may also serve patients not in the continuing care benefit
122.16program; and
122.17(iii) if the project ceases to participate in the continuing care benefit program, the
122.18commissioner must complete a subsequent public interest review under section 144.552.
122.19If the project is found not to be in the public interest, the license must be terminated six
122.20months from the date of that finding. If the commissioner of human services terminates the
122.21contract without cause or reduces per diem payment rates for patients under the continuing
122.22care benefit program below the rates in effect for services provided on December 31, 2015,
122.23the project may cease to participate in the continuing care benefit program and continue to
122.24operate without a subsequent public interest review.

122.25    Sec. 6. Minnesota Statutes 2014, section 145.56, subdivision 2, is amended to read:
122.26    Subd. 2. Community-based programs. To the extent funds are appropriated for the
122.27purposes of this subdivision, the commissioner shall establish a grant program to fund:
122.28(1) community-based programs to provide education, outreach, and advocacy
122.29services to populations who may be at risk for suicide;
122.30(2) community-based programs that educate community helpers and gatekeepers,
122.31such as family members, spiritual leaders, coaches, and business owners, employers, and
122.32coworkers on how to prevent suicide by encouraging help-seeking behaviors;
122.33(3) community-based programs that educate populations at risk for suicide and
122.34community helpers and gatekeepers that must include information on the symptoms
122.35of depression and other psychiatric illnesses, the warning signs of suicide, skills for
123.1preventing suicides, and making or seeking effective referrals to intervention and
123.2community resources; and
123.3(4) community-based programs to provide evidence-based suicide prevention and
123.4intervention education to school staff, parents, and students in grades kindergarten through
123.512, and for students attending Minnesota colleges and universities;
123.6(5) community-based programs to provide evidence-based suicide prevention and
123.7intervention to public school nurses, teachers, administrators, coaches, school social
123.8workers, peace officers, firefighters, emergency medical technicians, advanced emergency
123.9medical technicians, paramedics, primary care providers, and others; and
123.10(6) community-based, evidence-based postvention training to mental health
123.11professionals and practitioners in order to provide technical assistance to communities
123.12after a suicide and to prevent suicide clusters and contagion.

123.13    Sec. 7. Minnesota Statutes 2014, section 145.56, subdivision 4, is amended to read:
123.14    Subd. 4. Collection and reporting suicide data. (a) The commissioner shall
123.15coordinate with federal, regional, local, and other state agencies to collect, analyze, and
123.16annually issue a public report on Minnesota-specific data on suicide and suicidal behaviors.
123.17(b) The commissioner, in consultation with stakeholders, shall submit a detailed
123.18plan identifying proposed methods to improve the timeliness, usefulness, and quality of
123.19suicide-related data so that the data can help identify the scope of the suicide problem,
123.20identify high-risk groups, set priority prevention activities, and monitor the effects of
123.21suicide prevention programs. The report shall include how to improve external cause
123.22of injury coding, progress on implementing the Minnesota Violent Death Reporting
123.23System, how to obtain and release data in a timely manner, and how to support the use of
123.24psychological autopsies.
123.25(c) The written report must be provided to the chairs and ranking minority members
123.26of the house of representatives and senate finance and policy divisions and committees
123.27with jurisdiction over health and human services by February 1, 2016.

123.28    Sec. 8. Minnesota Statutes 2014, section 245.4661, subdivision 5, is amended to read:
123.29    Subd. 5. Planning for pilot projects. (a) Each local plan for a pilot project, with
123.30the exception of the placement of a Minnesota specialty treatment facility as defined in
123.31paragraph (c), must be developed under the direction of the county board, or multiple
123.32county boards acting jointly, as the local mental health authority. The planning process
123.33for each pilot shall include, but not be limited to, mental health consumers, families,
123.34advocates, local mental health advisory councils, local and state providers, representatives
124.1of state and local public employee bargaining units, and the department of human services.
124.2As part of the planning process, the county board or boards shall designate a managing
124.3entity responsible for receipt of funds and management of the pilot project.
124.4    (b) For Minnesota specialty treatment facilities, the commissioner shall issue a
124.5request for proposal for regions in which a need has been identified for services.
124.6    (c) For purposes of this section, "Minnesota specialty treatment facility" is defined
124.7as an intensive rehabilitative mental health residential treatment service under section
124.8256B.0622, subdivision 2, paragraph (b).

124.9    Sec. 9. Minnesota Statutes 2014, section 245.4661, subdivision 6, is amended to read:
124.10    Subd. 6. Duties of commissioner. (a) For purposes of the pilot projects, the
124.11commissioner shall facilitate integration of funds or other resources as needed and
124.12requested by each project. These resources may include:
124.13(1) community support services funds administered under Minnesota Rules, parts
124.149535.1700 to 9535.1760;
124.15(2) other mental health special project funds;
124.16(3) medical assistance, general assistance medical care, MinnesotaCare and group
124.17residential housing if requested by the project's managing entity, and if the commissioner
124.18determines this would be consistent with the state's overall health care reform efforts; and
124.19(4) regional treatment center resources consistent with section 246.0136, subdivision
124.201
; and.
124.21(5) funds transferred from section 246.18, subdivision 8, for grants to providers to
124.22participate in mental health specialty treatment services, awarded to providers through
124.23a request for proposal process.
124.24(b) The commissioner shall consider the following criteria in awarding start-up and
124.25implementation grants for the pilot projects:
124.26(1) the ability of the proposed projects to accomplish the objectives described in
124.27subdivision 2;
124.28(2) the size of the target population to be served; and
124.29(3) geographical distribution.
124.30(c) The commissioner shall review overall status of the projects initiatives at least
124.31every two years and recommend any legislative changes needed by January 15 of each
124.32odd-numbered year.
124.33(d) The commissioner may waive administrative rule requirements which are
124.34incompatible with the implementation of the pilot project.
125.1(e) The commissioner may exempt the participating counties from fiscal sanctions
125.2for noncompliance with requirements in laws and rules which are incompatible with the
125.3implementation of the pilot project.
125.4(f) The commissioner may award grants to an entity designated by a county board or
125.5group of county boards to pay for start-up and implementation costs of the pilot project.

125.6    Sec. 10. Minnesota Statutes 2014, section 245.4661, is amended by adding a
125.7subdivision to read:
125.8    Subd. 9. Services and programs. (a) The following three distinct grant programs
125.9are funded under this section:
125.10(1) mental health crisis services;
125.11(2) housing with supports for adults with serious mental illness; and
125.12(3) projects for assistance in transitioning from homelessness (PATH program).
125.13(b) In addition, the following are eligible for grant funds:
125.14(1) community education and prevention;
125.15(2) client outreach;
125.16(3) early identification and intervention;
125.17(4) adult outpatient diagnostic assessment and psychological testing;
125.18(5) peer support services;
125.19(6) community support program services (CSP);
125.20(7) adult residential crisis stabilization;
125.21(8) supported employment;
125.22(9) assertive community treatment (ACT);
125.23(10) housing subsidies;
125.24(11) basic living, social skills, and community intervention;
125.25(12) emergency response services;
125.26(13) adult outpatient psychotherapy;
125.27(14) adult outpatient medication management;
125.28(15) adult mobile crisis services;
125.29(16) adult day treatment;
125.30(17) partial hospitalization;
125.31(18) adult residential treatment;
125.32(19) adult mental health targeted case management;
125.33(20) intensive community residential services (IRCS); and
125.34(21) transportation.

126.1    Sec. 11. Minnesota Statutes 2014, section 245.4661, is amended by adding a
126.2subdivision to read:
126.3    Subd. 10. Commissioner duty to report on use of grant funds biennially. By
126.4November 1, 2016, and biennially thereafter, the commissioner of human services shall
126.5provide sufficient information to the members of the legislative committees having
126.6jurisdiction over mental health funding and policy issues to evaluate the use of funds
126.7appropriated under this section of law. The commissioner shall provide, at a minimum,
126.8the following information:
126.9    (1) the amount of funding to mental health initiatives, what programs and services
126.10were funded in the previous two years, gaps in services that each initiative brought to
126.11the attention of the commissioner, and outcome data for the programs and services that
126.12were funded; and
126.13    (2) the amount of funding for other targeted services and the location of services.

126.14    Sec. 12. Minnesota Statutes 2014, section 245.467, subdivision 6, is amended to read:
126.15    Subd. 6. Restricted access to data. The county board shall establish procedures
126.16to ensure that the names and addresses of persons receiving mental health services are
126.17disclosed only to:
126.18(1) county employees who are specifically responsible for determining county of
126.19financial responsibility or making payments to providers; and
126.20(2) staff who provide treatment services or case management and their clinical
126.21supervisors.; and
126.22(3) personnel of the welfare system or health care providers who have access to the
126.23data under section 13.46, subdivision 7.
126.24Release of mental health data on individuals submitted under subdivisions 4 and 5,
126.25to persons other than those specified in this subdivision, or use of this data for purposes
126.26other than those stated in subdivisions 4 and 5, results in civil or criminal liability under
126.27the standards in section 13.08 or 13.09.

126.28    Sec. 13. Minnesota Statutes 2014, section 245.4876, subdivision 7, is amended to read:
126.29    Subd. 7. Restricted access to data. The county board shall establish procedures
126.30to ensure that the names and addresses of children receiving mental health services and
126.31their families are disclosed only to:
126.32(1) county employees who are specifically responsible for determining county of
126.33financial responsibility or making payments to providers; and
127.1(2) staff who provide treatment services or case management and their clinical
127.2supervisors.; and
127.3(3) personnel of the welfare system or health care providers who have access to the
127.4data under section 13.46, subdivision 7.
127.5Release of mental health data on individuals submitted under subdivisions 5 and 6,
127.6to persons other than those specified in this subdivision, or use of this data for purposes
127.7other than those stated in subdivisions 5 and 6, results in civil or criminal liability under
127.8section 13.08 or 13.09.

127.9    Sec. 14. Minnesota Statutes 2014, section 245.4889, subdivision 1, is amended to read:
127.10    Subdivision 1. Establishment and authority. (a) The commissioner is authorized
127.11to make grants from available appropriations to assist:
127.12    (1) counties;
127.13    (2) Indian tribes;
127.14    (3) children's collaboratives under section 124D.23 or 245.493; or
127.15    (4) mental health service providers
127.16for providing services to children with emotional disturbances as defined in section
127.17245.4871, subdivision 15, and their families. The commissioner may also authorize
127.18grants to young adults meeting the criteria for transition services in section 245.4875,
127.19subdivision 8, and their families.
127.20    (b) The following services are eligible for grants under this section:
127.21    (1) services to children with emotional disturbances as defined in section 245.4871,
127.22subdivision 15, and their families;
127.23    (2) transition services under section 245.4875, subdivision 8, for young adults under
127.24age 21 and their families;
127.25    (3) respite care services for children with severe emotional disturbances who are at
127.26risk of out-of-home placement;
127.27    (4) children's mental health crisis services;
127.28    (5) mental health services for people from cultural and ethnic minorities;
127.29    (6) children's mental health screening and follow-up diagnostic assessment and
127.30treatment;
127.31    (7) services to promote and develop the capacity of providers to use evidence-based
127.32practices in providing children's mental health services;
127.33    (8) school-linked mental health services;
127.34    (9) building evidence-based mental health intervention capacity for children birth to
127.35age five;
128.1    (10) suicide prevention and counseling services that use text messaging statewide;
128.2    (11) mental health first aid training;
128.3    (12) training for parents, collaborative partners, and mental health providers on the
128.4impact of adverse childhood experiences and trauma and development of an interactive
128.5Web site to share information and strategies to promote resilience and prevent trauma;
128.6    (13) transition age services to develop or expand mental health treatment and
128.7supports for adolescents and young adults 26 years of age or younger;
128.8    (14) early childhood mental health consultation;
128.9    (15) evidence-based interventions for youth at risk of developing or experiencing a
128.10first episode of psychosis, and a public awareness campaign on the signs and symptoms of
128.11psychosis; and
128.12    (16) psychiatric consultation for primary care practitioners.
128.13    (c) Services under paragraph (a) (b) must be designed to help each child to function
128.14and remain with the child's family in the community and delivered consistent with the
128.15child's treatment plan. Transition services to eligible young adults under paragraph (a) (b)
128.16must be designed to foster independent living in the community.

128.17    Sec. 15. Minnesota Statutes 2014, section 245.4889, is amended by adding a
128.18subdivision to read:
128.19    Subd. 3. Commissioner duty to report on use of grant funds biennially. By
128.20November 1, 2016, and biennially thereafter, the commissioner of human services shall
128.21provide sufficient information to the members of the legislative committees having
128.22jurisdiction over mental health funding and policy issues to evaluate the use of funds
128.23appropriated under this section. The commissioner shall provide, at a minimum, the
128.24following information:
128.25    (1) the amount of funding for children's mental health grants, what programs and
128.26services were funded in the previous two years, and outcome data for the programs and
128.27services that were funded; and
128.28    (2) the amount of funding for other targeted services and the location of services.

128.29    Sec. 16. [245.735] EXCELLENCE IN MENTAL HEALTH DEMONSTRATION
128.30PROJECT.
128.31    Subdivision 1. Excellence in Mental Health demonstration project. The
128.32commissioner shall develop and execute projects to reform the mental health system by
128.33participating in the Excellence in Mental Health demonstration project.
129.1    Subd. 2. Federal proposal. The commissioner shall develop and submit to the
129.2United States Department of Health and Human Services a proposal for the Excellence
129.3in Mental Health demonstration project. The proposal shall include any necessary state
129.4plan amendments, waivers, requests for new funding, realignment of existing funding, and
129.5other authority necessary to implement the projects specified in subdivision 3.
129.6    Subd. 3. Reform projects. (a) The commissioner shall establish standards for state
129.7certification of clinics as certified community behavioral health clinics, in accordance with
129.8the criteria published on or before September 1, 2015, by the United States Department
129.9of Health and Human Services. Certification standards established by the commissioner
129.10shall require that:
129.11(1) clinic staff have backgrounds in diverse disciplines, include licensed mental
129.12health professionals, and are culturally and linguistically trained to serve the needs of the
129.13clinic's patient population;
129.14(2) clinic services are available and accessible and that crisis management services
129.15are available 24 hours per day;
129.16(3) fees for clinic services are established using a sliding fee scale and services to
129.17patients are not denied or limited due to a patient's inability to pay for services;
129.18(4) clinics provide coordination of care across settings and providers to ensure
129.19seamless transitions for patients across the full spectrum of health services, including
129.20acute, chronic, and behavioral needs. Care coordination may be accomplished through
129.21partnerships or formal contracts with federally qualified health centers, inpatient
129.22psychiatric facilities, substance use and detoxification facilities, community-based mental
129.23health providers, and other community services, supports, and providers including
129.24schools, child welfare agencies, juvenile and criminal justice agencies, Indian Health
129.25Services clinics, tribally licensed health care and mental health facilities, urban Indian
129.26health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in
129.27centers, acute care hospitals, and hospital outpatient clinics;
129.28(5) services provided by clinics include crisis mental health services, emergency
129.29crisis intervention services, and stabilization services; screening, assessment, and diagnosis
129.30services, including risk assessments and level of care determinations; patient-centered
129.31treatment planning; outpatient mental health and substance use services; targeted case
129.32management; psychiatric rehabilitation services; peer support and counselor services and
129.33family support services; and intensive community-based mental health services, including
129.34mental health services for members of the armed forces and veterans; and
130.1(6) clinics comply with quality assurance reporting requirements and other reporting
130.2requirements, including any required reporting of encounter data, clinical outcomes data,
130.3and quality data.
130.4(b) The commissioner shall establish standards and methodologies for a prospective
130.5payment system for medical assistance payments for mental health services delivered by
130.6certified community behavioral health clinics, in accordance with guidance issued on or
130.7before September 1, 2015, by the Centers for Medicare and Medicaid Services. During the
130.8operation of the demonstration project, payments shall comply with federal requirements
130.9for a 90 percent enhanced federal medical assistance percentage.
130.10    Subd. 4. Public participation. In developing the projects under subdivision 3, the
130.11commissioner shall consult with mental health providers, advocacy organizations, licensed
130.12mental health professionals, and Minnesota public health care program enrollees who
130.13receive mental health services and their families.
130.14    Subd. 5. Information systems support. The commissioner and the state chief
130.15information officer shall provide information systems support to the projects as necessary
130.16to comply with federal requirements.

130.17    Sec. 17. Minnesota Statutes 2014, section 246.18, subdivision 8, is amended to read:
130.18    Subd. 8. State-operated services account. (a) The state-operated services account is
130.19established in the special revenue fund. Revenue generated by new state-operated services
130.20listed under this section established after July 1, 2010, that are not enterprise activities must
130.21be deposited into the state-operated services account, unless otherwise specified in law:
130.22(1) intensive residential treatment services;
130.23(2) foster care services; and
130.24(3) psychiatric extensive recovery treatment services.
130.25(b) Funds deposited in the state-operated services account are available appropriated
130.26to the commissioner of human services for the purposes of:
130.27(1) providing services needed to transition individuals from institutional settings
130.28within state-operated services to the community when those services have no other
130.29adequate funding source; and
130.30(2) grants to providers participating in mental health specialty treatment services
130.31under section 245.4661; and
130.32(3) to fund the operation of the intensive residential treatment service program in
130.33Willmar.

130.34    Sec. 18. Minnesota Statutes 2014, section 253B.18, subdivision 4c, is amended to read:
131.1    Subd. 4c. Special review board. (a) The commissioner shall establish one or more
131.2panels of a special review board. The board shall consist of three members experienced
131.3in the field of mental illness. One member of each special review board panel shall be a
131.4psychiatrist or a doctoral level psychologist with forensic experience and one member
131.5shall be an attorney. No member shall be affiliated with the Department of Human
131.6Services. The special review board shall meet at least every six months and at the call of
131.7the commissioner. It shall hear and consider all petitions for a reduction in custody or to
131.8appeal a revocation of provisional discharge. A "reduction in custody" means transfer
131.9from a secure treatment facility, discharge, and provisional discharge. Patients may be
131.10transferred by the commissioner between secure treatment facilities without a special
131.11review board hearing.
131.12    Members of the special review board shall receive compensation and reimbursement
131.13for expenses as established by the commissioner.
131.14    (b) The special review board must review each denied petition under subdivision
131.155 for barriers and obstacles preventing the patient from progressing in treatment. Based
131.16on the cases before the board in the previous year, the special review board shall provide
131.17to the commissioner an annual summation of the barriers to treatment progress, and
131.18recommendations to achieve the common goal of making progress in treatment.
131.19    (c) A petition filed by a person committed as mentally ill and dangerous to the
131.20public under this section must be heard as provided in subdivision 5 and, as applicable,
131.21subdivision 13. A petition filed by a person committed as a sexual psychopathic personality
131.22or as a sexually dangerous person under chapter 253D, or committed as both mentally ill
131.23and dangerous to the public under this section and as a sexual psychopathic personality or
131.24as a sexually dangerous person must be heard as provided in section 253D.27.
131.25EFFECTIVE DATE.This section is effective January 1, 2016.

131.26    Sec. 19. Minnesota Statutes 2014, section 253B.18, subdivision 5, is amended to read:
131.27    Subd. 5. Petition; notice of hearing; attendance; order. (a) A petition for
131.28a reduction in custody or revocation of provisional discharge shall be filed with the
131.29commissioner and may be filed by the patient or by the head of the treatment facility. A
131.30patient may not petition the special review board for six months following commitment
131.31under subdivision 3 or following the final disposition of any previous petition and
131.32subsequent appeal by the patient. The head of the treatment facility must schedule a
131.33hearing before the special review board for any patient who has not appeared before the
131.34special review board in the previous three years, and schedule a hearing at least every
131.35three years thereafter. The medical director may petition at any time.
132.1    (b) Fourteen days prior to the hearing, the committing court, the county attorney of
132.2the county of commitment, the designated agency, interested person, the petitioner, and
132.3the petitioner's counsel shall be given written notice by the commissioner of the time and
132.4place of the hearing before the special review board. Only those entitled to statutory notice
132.5of the hearing or those administratively required to attend may be present at the hearing.
132.6The patient may designate interested persons to receive notice by providing the names
132.7and addresses to the commissioner at least 21 days before the hearing. The board shall
132.8provide the commissioner with written findings of fact and recommendations within 21
132.9days of the hearing. The commissioner shall issue an order no later than 14 days after
132.10receiving the recommendation of the special review board. A copy of the order shall be
132.11mailed to every person entitled to statutory notice of the hearing within five days after it
132.12is signed. No order by the commissioner shall be effective sooner than 30 days after the
132.13order is signed, unless the county attorney, the patient, and the commissioner agree that
132.14it may become effective sooner.
132.15    (c) The special review board shall hold a hearing on each petition prior to making
132.16its recommendation to the commissioner. The special review board proceedings are not
132.17contested cases as defined in chapter 14. Any person or agency receiving notice that
132.18submits documentary evidence to the special review board prior to the hearing shall also
132.19provide copies to the patient, the patient's counsel, the county attorney of the county of
132.20commitment, the case manager, and the commissioner.
132.21    (d) Prior to the final decision by the commissioner, the special review board may be
132.22reconvened to consider events or circumstances that occurred subsequent to the hearing.
132.23    (e) In making their recommendations and order, the special review board and
132.24commissioner must consider any statements received from victims under subdivision 5a.
132.25EFFECTIVE DATE.This section is effective January 1, 2016, with hearings
132.26starting no later than February 1, 2016.

132.27    Sec. 20. Minnesota Statutes 2014, section 254B.05, subdivision 5, as amended by
132.28Laws 2015, chapter 21, article 1, section 52, is amended to read:
132.29    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for
132.30chemical dependency services and service enhancements funded under this chapter.
132.31(b) Eligible chemical dependency treatment services include:
132.32(1) outpatient treatment services that are licensed according to Minnesota Rules,
132.33parts 9530.6405 to 9530.6480, or applicable tribal license;
132.34(2) medication-assisted therapy services that are licensed according to Minnesota
132.35Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
133.1(3) medication-assisted therapy plus enhanced treatment services that meet the
133.2requirements of clause (2) and provide nine hours of clinical services each week;
133.3(4) high, medium, and low intensity residential treatment services that are licensed
133.4according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
133.5tribal license which provide, respectively, 30, 15, and five hours of clinical services each
133.6week;
133.7(5) hospital-based treatment services that are licensed according to Minnesota Rules,
133.8parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
133.9sections 144.50 to 144.56;
133.10(6) adolescent treatment programs that are licensed as outpatient treatment programs
133.11according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
133.12programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to
133.132960.0490, or applicable tribal license; and
133.14(7) high-intensity residential treatment services that are licensed according to
133.15Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable tribal
133.16license, which provide 30 hours of clinical services each week provided by a state-operated
133.17vendor or to clients who have been civilly committed to the commissioner, present the
133.18most complex and difficult care needs, and are a potential threat to the community; and
133.19(8) room and board facilities that meet the requirements of subdivision 1a.
133.20(c) The commissioner shall establish higher rates for programs that meet the
133.21requirements of paragraph (b) and the following additional requirements:
133.22(1) programs that serve parents with their children if the program:
133.23(i) provides on-site child care during hours of treatment activity that meets the
133.24requirements in Minnesota Rules, part 9530.6490, or section 245A.03, subdivision 2; or
133.25(ii) arranges for off-site child care during hours of treatment activity at a facility that
133.26is licensed under chapter 245A as:
133.27(A) a child care center under Minnesota Rules, chapter 9503; or
133.28(B) a family child care home under Minnesota Rules, chapter 9502;
133.29(2) culturally specific programs as defined in section 254B.01, subdivision 4a, if the
133.30program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;
133.31(3) programs that offer medical services delivered by appropriately credentialed
133.32health care staff in an amount equal to two hours per client per week if the medical
133.33needs of the client and the nature and provision of any medical services provided are
133.34documented in the client file; and
133.35(4) programs that offer services to individuals with co-occurring mental health and
133.36chemical dependency problems if:
134.1(i) the program meets the co-occurring requirements in Minnesota Rules, part
134.29530.6495;
134.3(ii) 25 percent of the counseling staff are licensed mental health professionals, as
134.4defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing
134.5candidates under the supervision of a licensed alcohol and drug counselor supervisor and
134.6licensed mental health professional, except that no more than 50 percent of the mental
134.7health staff may be students or licensing candidates with time documented to be directly
134.8related to provisions of co-occurring services;
134.9(iii) clients scoring positive on a standardized mental health screen receive a mental
134.10health diagnostic assessment within ten days of admission;
134.11(iv) the program has standards for multidisciplinary case review that include a
134.12monthly review for each client that, at a minimum, includes a licensed mental health
134.13professional and licensed alcohol and drug counselor, and their involvement in the review
134.14is documented;
134.15(v) family education is offered that addresses mental health and substance abuse
134.16disorders and the interaction between the two; and
134.17(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
134.18training annually.
134.19(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
134.20that provides arrangements for off-site child care must maintain current documentation at
134.21the chemical dependency facility of the child care provider's current licensure to provide
134.22child care services. Programs that provide child care according to paragraph (c), clause
134.23(1), must be deemed in compliance with the licensing requirements in Minnesota Rules,
134.24part 9530.6490.
134.25(e) Adolescent residential programs that meet the requirements of Minnesota
134.26Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the
134.27requirements in paragraph (c), clause (4), items (i) to (iv).

134.28    Sec. 21. Minnesota Statutes 2014, section 254B.12, subdivision 2, is amended to read:
134.29    Subd. 2. Payment methodology for highly specialized vendors. (a)
134.30Notwithstanding subdivision 1, the commissioner shall seek federal authority to develop
134.31separate payment methodologies for chemical dependency treatment services provided
134.32under the consolidated chemical dependency treatment fund: (1) by a state-operated
134.33vendor; or (2) for persons who have been civilly committed to the commissioner, present
134.34the most complex and difficult care needs, and are a potential threat to the community. A
135.1payment methodology under this subdivision is effective for services provided on or after
135.2October 1, 2015, or on or after the receipt of federal approval, whichever is later.
135.3(b) Before implementing an approved payment methodology under paragraph
135.4(a), the commissioner must also receive any necessary legislative approval of required
135.5changes to state law or funding.

135.6    Sec. 22. Minnesota Statutes 2014, section 256B.0615, subdivision 3, is amended to read:
135.7    Subd. 3. Eligibility. Peer support services may be made available to consumers
135.8of (1) intensive rehabilitative mental health residential treatment services under section
135.9256B.0622 ; (2) adult rehabilitative mental health services under section 256B.0623; and
135.10(3) crisis stabilization and mental health mobile crisis intervention services under section
135.11256B.0624 .

135.12    Sec. 23. Minnesota Statutes 2014, section 256B.0622, subdivision 1, is amended to read:
135.13    Subdivision 1. Scope. Subject to federal approval, medical assistance covers
135.14medically necessary, intensive nonresidential assertive community treatment and intensive
135.15residential rehabilitative mental health treatment services as defined in subdivision 2, for
135.16recipients as defined in subdivision 3, when the services are provided by an entity meeting
135.17the standards in this section.

135.18    Sec. 24. Minnesota Statutes 2014, section 256B.0622, subdivision 2, is amended to read:
135.19    Subd. 2. Definitions. For purposes of this section, the following terms have the
135.20meanings given them.
135.21    (a) "Intensive nonresidential rehabilitative mental health services" means adult
135.22rehabilitative mental health services as defined in section 256B.0623, subdivision 2,
135.23paragraph (a), except that these services are provided by a multidisciplinary staff using
135.24a total team approach consistent with assertive community treatment, the Fairweather
135.25Lodge treatment model, as defined by the standards established by the National Coalition
135.26for Community Living, and other evidence-based practices, and directed to recipients with
135.27a serious mental illness who require intensive services. "Assertive community treatment"
135.28means intensive nonresidential rehabilitative mental health services provided according
135.29to the evidence-based practice of assertive community treatment. Core elements of this
135.30service include, but are not limited to:
135.31    (1) a multidisciplinary staff who utilize a total team approach and who serve as a
135.32fixed point of responsibility for all service delivery;
135.33    (2) providing services 24 hours per day and 7 days per week;
136.1    (3) providing the majority of services in a community setting;
136.2    (4) offering a low ratio of recipients to staff; and
136.3    (5) providing service that is not time-limited.
136.4    (b) "Intensive residential rehabilitative mental health treatment services" means
136.5short-term, time-limited services provided in a residential setting to recipients who are
136.6in need of more restrictive settings and are at risk of significant functional deterioration
136.7if they do not receive these services. Services are designed to develop and enhance
136.8psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live
136.9in a more independent setting. Services must be directed toward a targeted discharge
136.10date with specified client outcomes and must be consistent with the Fairweather Lodge
136.11treatment model as defined in paragraph (a), and other evidence-based practices.
136.12    (c) "Evidence-based practices" are nationally recognized mental health services that
136.13are proven by substantial research to be effective in helping individuals with serious
136.14mental illness obtain specific treatment goals.
136.15    (d) "Overnight staff" means a member of the intensive residential rehabilitative
136.16mental health treatment team who is responsible during hours when recipients are
136.17typically asleep.
136.18    (e) "Treatment team" means all staff who provide services under this section to
136.19recipients. At a minimum, this includes the clinical supervisor, mental health professionals
136.20as defined in section 245.462, subdivision 18, clauses (1) to (6); mental health practitioners
136.21as defined in section 245.462, subdivision 17; mental health rehabilitation workers under
136.22section 256B.0623, subdivision 5, clause (3); and certified peer specialists under section
136.23256B.0615 .

136.24    Sec. 25. Minnesota Statutes 2014, section 256B.0622, subdivision 3, is amended to read:
136.25    Subd. 3. Eligibility. An eligible recipient is an individual who:
136.26(1) is age 18 or older;
136.27(2) is eligible for medical assistance;
136.28(3) is diagnosed with a mental illness;
136.29(4) because of a mental illness, has substantial disability and functional impairment
136.30in three or more of the areas listed in section 245.462, subdivision 11a, so that
136.31self-sufficiency is markedly reduced;
136.32(5) has one or more of the following: a history of two or more recurring or prolonged
136.33inpatient hospitalizations in the past year, significant independent living instability,
136.34homelessness, or very frequent use of mental health and related services yielding poor
136.35outcomes; and
137.1(6) in the written opinion of a licensed mental health professional, has the need for
137.2mental health services that cannot be met with other available community-based services,
137.3or is likely to experience a mental health crisis or require a more restrictive setting if
137.4intensive rehabilitative mental health services are not provided.

137.5    Sec. 26. Minnesota Statutes 2014, section 256B.0622, subdivision 4, is amended to read:
137.6    Subd. 4. Provider certification and contract requirements. (a) The intensive
137.7nonresidential rehabilitative mental health services assertive community treatment
137.8provider must:
137.9(1) have a contract with the host county to provide intensive adult rehabilitative
137.10mental health services; and
137.11(2) be certified by the commissioner as being in compliance with this section and
137.12section 256B.0623.
137.13(b) The intensive residential rehabilitative mental health treatment services provider
137.14must:
137.15(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;
137.16(2) not exceed 16 beds per site;
137.17(3) comply with the additional standards in this section; and
137.18(4) have a contract with the host county to provide these services.
137.19(c) The commissioner shall develop procedures for counties and providers to submit
137.20contracts and other documentation as needed to allow the commissioner to determine
137.21whether the standards in this section are met.

137.22    Sec. 27. Minnesota Statutes 2014, section 256B.0622, subdivision 5, is amended to read:
137.23    Subd. 5. Standards applicable to both nonresidential assertive community
137.24treatment and residential providers. (a) Services must be provided by qualified staff as
137.25defined in section 256B.0623, subdivision 5, who are trained and supervised according to
137.26section 256B.0623, subdivision 6, except that mental health rehabilitation workers acting
137.27as overnight staff are not required to comply with section 256B.0623, subdivision 5,
137.28clause (3) (4), item (iv).
137.29(b) The clinical supervisor must be an active member of the treatment team. The
137.30treatment team must meet with the clinical supervisor at least weekly to discuss recipients'
137.31progress and make rapid adjustments to meet recipients' needs. The team meeting shall
137.32include recipient-specific case reviews and general treatment discussions among team
137.33members. Recipient-specific case reviews and planning must be documented in the
137.34individual recipient's treatment record.
138.1(c) Treatment staff must have prompt access in person or by telephone to a mental
138.2health practitioner or mental health professional. The provider must have the capacity to
138.3promptly and appropriately respond to emergent needs and make any necessary staffing
138.4adjustments to assure the health and safety of recipients.
138.5(d) The initial functional assessment must be completed within ten days of intake
138.6and updated at least every three months 30 days for intensive residential treatment services
138.7and every six months for assertive community treatment, or prior to discharge from the
138.8service, whichever comes first.
138.9(e) The initial individual treatment plan must be completed within ten days of intake
138.10and for assertive community treatment and within 24 hours of admission for intensive
138.11residential treatment services. Within ten days of admission, the initial treatment plan
138.12must be refined and further developed for intensive residential treatment services, except
138.13for providers certified according to Minnesota Rules, parts 9533.0010 to 9533.0180.
138.14The individual treatment plan must be reviewed with the recipient and updated at least
138.15monthly with the recipient for intensive residential treatment services and at least every
138.16six months for assertive community treatment.

138.17    Sec. 28. Minnesota Statutes 2014, section 256B.0622, subdivision 7, is amended to read:
138.18    Subd. 7. Additional standards for nonresidential services assertive community
138.19treatment. The standards in this subdivision apply to intensive nonresidential
138.20rehabilitative mental health assertive community treatment services.
138.21(1) The treatment team must use team treatment, not an individual treatment model.
138.22(2) The clinical supervisor must function as a practicing clinician at least on a
138.23part-time basis.
138.24(3) The staffing ratio must not exceed ten recipients to one full-time equivalent
138.25treatment team position.
138.26(4) Services must be available at times that meet client needs.
138.27(5) The treatment team must actively and assertively engage and reach out to the
138.28recipient's family members and significant others, after obtaining the recipient's permission.
138.29(6) The treatment team must establish ongoing communication and collaboration
138.30between the team, family, and significant others and educate the family and significant
138.31others about mental illness, symptom management, and the family's role in treatment.
138.32(7) The treatment team must provide interventions to promote positive interpersonal
138.33relationships.

138.34    Sec. 29. Minnesota Statutes 2014, section 256B.0622, subdivision 8, is amended to read:
139.1    Subd. 8. Medical assistance payment for intensive rehabilitative mental health
139.2services. (a) Payment for intensive residential and nonresidential treatment services
139.3and assertive community treatment in this section shall be based on one daily rate per
139.4provider inclusive of the following services received by an eligible recipient in a given
139.5calendar day: all rehabilitative services under this section, staff travel time to provide
139.6rehabilitative services under this section, and nonresidential crisis stabilization services
139.7under section 256B.0624.
139.8(b) Except as indicated in paragraph (c), payment will not be made to more than one
139.9entity for each recipient for services provided under this section on a given day. If services
139.10under this section are provided by a team that includes staff from more than one entity, the
139.11team must determine how to distribute the payment among the members.
139.12(c) The commissioner shall determine one rate for each provider that will bill
139.13medical assistance for residential services under this section and one rate for each
139.14nonresidential assertive community treatment provider. If a single entity provides both
139.15services, one rate is established for the entity's residential services and another rate for the
139.16entity's nonresidential services under this section. A provider is not eligible for payment
139.17under this section without authorization from the commissioner. The commissioner shall
139.18develop rates using the following criteria:
139.19(1) the cost for similar services in the local trade area;
139.20(2) (1) the provider's cost for services shall include direct services costs, other
139.21program costs, and other costs determined as follows:
139.22(i) the direct services costs must be determined using actual costs of salaries, benefits,
139.23payroll taxes, and training of direct service staff and service-related transportation;
139.24(ii) other program costs not included in item (i) must be determined as a specified
139.25percentage of the direct services costs as determined by item (i). The percentage used shall
139.26be determined by the commissioner based upon the average of percentages that represent
139.27the relationship of other program costs to direct services costs among the entities that
139.28provide similar services;
139.29(iii) in situations where a provider of intensive residential services can demonstrate
139.30actual program-related physical plant costs in excess of the group residential housing
139.31reimbursement, the commissioner may include these costs in the program rate, so long
139.32as the additional reimbursement does not subsidize the room and board expenses of the
139.33program physical plant costs calculated based on the percentage of space within the
139.34program that is entirely devoted to treatment and programming. This does not include
139.35administrative or residential space;
140.1(iv) intensive nonresidential services assertive community treatment physical plant
140.2costs must be reimbursed as part of the costs described in item (ii); and
140.3(v) subject to federal approval, up to an additional five percent of the total rate must
140.4may be added to the program rate as a quality incentive based upon the entity meeting
140.5performance criteria specified by the commissioner;
140.6(3) (2) actual cost is defined as costs which are allowable, allocable, and reasonable,
140.7and consistent with federal reimbursement requirements under Code of Federal
140.8Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and Office of
140.9Management and Budget Circular Number A-122, relating to nonprofit entities;
140.10(4) (3) the number of service units;
140.11(5) (4) the degree to which recipients will receive services other than services under
140.12this section; and
140.13(6) (5) the costs of other services that will be separately reimbursed; and.
140.14(7) input from the local planning process authorized by the adult mental health
140.15initiative under section 245.4661, regarding recipients' service needs.
140.16(d) The rate for intensive rehabilitative mental health residential treatment services
140.17and assertive community treatment must exclude room and board, as defined in section
140.18256I.03, subdivision 6 , and services not covered under this section, such as partial
140.19hospitalization, home care, and inpatient services.
140.20(e) Physician services that are not separately billed may be included in the rate to the
140.21extent that a psychiatrist, or other health care professional providing physician services
140.22within their scope of practice, is a member of the treatment team. Physician services,
140.23whether billed separately or included in the rate, may be delivered by telemedicine. For
140.24purposes of this paragraph, "telemedicine" has the meaning given to "mental health
140.25telemedicine" in section 256B.0625, subdivision 46, when telemedicine is used to provide
140.26intensive residential treatment services.
140.27(e) (f) When services under this section are provided by an intensive nonresidential
140.28service assertive community treatment provider, case management functions must be an
140.29integral part of the team.
140.30(f) (g) The rate for a provider must not exceed the rate charged by that provider for
140.31the same service to other payors.
140.32(g) (h) The rates for existing programs must be established prospectively based upon
140.33the expenditures and utilization over a prior 12-month period using the criteria established
140.34in paragraph (c). The rates for new programs must be established based upon estimated
140.35expenditures and estimated utilization using the criteria established in paragraph (c).
141.1(h) (i) Entities who discontinue providing services must be subject to a settle-up
141.2process whereby actual costs and reimbursement for the previous 12 months are
141.3compared. In the event that the entity was paid more than the entity's actual costs plus
141.4any applicable performance-related funding due the provider, the excess payment must
141.5be reimbursed to the department. If a provider's revenue is less than actual allowed costs
141.6due to lower utilization than projected, the commissioner may reimburse the provider to
141.7recover its actual allowable costs. The resulting adjustments by the commissioner must
141.8be proportional to the percent of total units of service reimbursed by the commissioner
141.9and must reflect a difference of greater than five percent.
141.10(i) (j) A provider may request of the commissioner a review of any rate-setting
141.11decision made under this subdivision.

141.12    Sec. 30. Minnesota Statutes 2014, section 256B.0622, subdivision 9, is amended to read:
141.13    Subd. 9. Provider enrollment; rate setting for county-operated entities. Counties
141.14that employ their own staff to provide services under this section shall apply directly to
141.15the commissioner for enrollment and rate setting. In this case, a county contract is not
141.16required and the commissioner shall perform the program review and rate setting duties
141.17which would otherwise be required of counties under this section.

141.18    Sec. 31. Minnesota Statutes 2014, section 256B.0622, subdivision 10, is amended to
141.19read:
141.20    Subd. 10. Provider enrollment; rate setting for specialized program. A county
141.21contract is not required for a provider proposing to serve a subpopulation of eligible
141.22recipients may bypass the county approval procedures in this section and receive approval
141.23for provider enrollment and rate setting directly from the commissioner under the
141.24following circumstances:
141.25(1) the provider demonstrates that the subpopulation to be served requires a
141.26specialized program which is not available from county-approved entities; and
141.27(2) the subpopulation to be served is of such a low incidence that it is not feasible to
141.28develop a program serving a single county or regional group of counties.
141.29For providers meeting the criteria in clauses (1) and (2), the commissioner shall
141.30perform the program review and rate setting duties which would otherwise be required of
141.31counties under this section.

141.32    Sec. 32. Minnesota Statutes 2014, section 256B.0622, is amended by adding a
141.33subdivision to read:
142.1    Subd. 11. Sustainability grants. The commissioner may disburse grant funds
142.2directly to intensive residential treatment services providers and assertive community
142.3treatment providers to maintain access to these services.

142.4    Sec. 33. Minnesota Statutes 2014, section 256B.0624, subdivision 7, is amended to read:
142.5    Subd. 7. Crisis stabilization services. (a) Crisis stabilization services must be
142.6provided by qualified staff of a crisis stabilization services provider entity and must meet
142.7the following standards:
142.8(1) a crisis stabilization treatment plan must be developed which meets the criteria
142.9in subdivision 11;
142.10(2) staff must be qualified as defined in subdivision 8; and
142.11(3) services must be delivered according to the treatment plan and include
142.12face-to-face contact with the recipient by qualified staff for further assessment, help with
142.13referrals, updating of the crisis stabilization treatment plan, supportive counseling, skills
142.14training, and collaboration with other service providers in the community.
142.15(b) If crisis stabilization services are provided in a supervised, licensed residential
142.16setting, the recipient must be contacted face-to-face daily by a qualified mental health
142.17practitioner or mental health professional. The program must have 24-hour-a-day
142.18residential staffing which may include staff who do not meet the qualifications in
142.19subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone
142.20access to a qualified mental health professional or practitioner.
142.21(c) If crisis stabilization services are provided in a supervised, licensed residential
142.22setting that serves no more than four adult residents, and no more than two are recipients
142.23of crisis stabilization services one or more individuals are present at the setting to receive
142.24residential crisis stabilization services, the residential staff must include, for at least eight
142.25hours per day, at least one individual who meets the qualifications in subdivision 8,
142.26paragraph (a), clause (1) or (2).
142.27(d) If crisis stabilization services are provided in a supervised, licensed residential
142.28setting that serves more than four adult residents, and one or more are recipients of crisis
142.29stabilization services, the residential staff must include, for 24 hours a day, at least one
142.30individual who meets the qualifications in subdivision 8. During the first 48 hours that a
142.31recipient is in the residential program, the residential program must have at least two staff
142.32working 24 hours a day. Staffing levels may be adjusted thereafter according to the needs
142.33of the recipient as specified in the crisis stabilization treatment plan.

143.1    Sec. 34. Minnesota Statutes 2014, section 256B.0625, is amended by adding a
143.2subdivision to read:
143.3    Subd. 45a. Psychiatric residential treatment facility services for persons under
143.421 years of age. (a) Medical assistance covers psychiatric residential treatment facility
143.5services for persons under 21 years of age. Individuals who reach age 21 at the time they
143.6are receiving services are eligible to continue receiving services until they no longer
143.7require services or until they reach age 22, whichever occurs first.
143.8(b) For purposes of this subdivision, "psychiatric residential treatment facility"
143.9means a facility other than a hospital that provides psychiatric services, as described in
143.10Code of Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under
143.11age 21 in an inpatient setting.
143.12(c) The commissioner shall develop admissions and discharge procedures and
143.13establish rates consistent with guidelines from the federal Centers for Medicare and
143.14Medicaid Services.
143.15(d) The commissioner shall enroll up to 150 certified psychiatric residential
143.16treatment facility services beds at up to six sites. The commissioner shall select psychiatric
143.17residential treatment facility services providers through a request for proposals process.
143.18Providers of state-operated services may respond to the request for proposals.
143.19EFFECTIVE DATE.This section is effective July 1, 2017, or upon federal
143.20approval, whichever is later. The commissioner of human services shall notify the revisor
143.21of statutes when federal approval is obtained.

143.22    Sec. 35. Minnesota Statutes 2014, section 256B.0625, subdivision 48, is amended to
143.23read:
143.24    Subd. 48. Psychiatric consultation to primary care practitioners. Medical
143.25assistance covers consultation provided by a psychiatrist, a psychologist, or an advanced
143.26practice registered nurse certified in psychiatric mental health, a licensed independent
143.27clinical social worker, as defined in section 245.462, subdivision 18, clause (2), or a
143.28licensed marriage and family therapist, as defined in section 245.462, subdivision 18,
143.29clause (5), via telephone, e-mail, facsimile, or other means of communication to primary
143.30care practitioners, including pediatricians. The need for consultation and the receipt of the
143.31consultation must be documented in the patient record maintained by the primary care
143.32practitioner. If the patient consents, and subject to federal limitations and data privacy
143.33provisions, the consultation may be provided without the patient present.

144.1    Sec. 36. [256B.7631] CHEMICAL DEPENDENCY PROVIDER RATE
144.2INCREASE.
144.3For the chemical dependency services listed in section 254B.05, subdivision 5, and
144.4provided on or after July 1, 2015, payment rates shall be increased by two percent over
144.5the rates in effect on January 1, 2014, for vendors who meet the requirements of section
144.6254B.05.

144.7    Sec. 37. CLUBHOUSE PROGRAM SERVICES.
144.8The commissioner of human services, in consultation with stakeholders, shall
144.9develop service standards and a payment methodology for Clubhouse program services
144.10to be covered under medical assistance when provided by a Clubhouse International
144.11accredited provider or a provider meeting equivalent standards. The commissioner shall
144.12seek federal approval for the service standards and payment methodology. Upon federal
144.13approval, the commissioner must seek and obtain legislative approval of the services
144.14standards and funding methodology allowing medical assistance coverage of the service.

144.15    Sec. 38. EXCELLENCE IN MENTAL HEALTH DEMONSTRATION PROJECT.
144.16By January 15, 2016, the commissioner of human services shall report to the
144.17legislative committees in the house of representatives and senate with jurisdiction over
144.18human services issues on the progress of the Excellence in Mental Health demonstration
144.19project under Minnesota Statutes, section 245.735. The commissioner shall include in
144.20the report any recommendations for legislative changes needed to implement the reform
144.21projects specified in Minnesota Statutes, section 245.735, subdivision 3.

144.22    Sec. 39. RATE-SETTING METHODOLOGY FOR COMMUNITY-BASED
144.23MENTAL HEALTH SERVICES.
144.24The commissioner of human services shall conduct a comprehensive analysis
144.25of the current rate-setting methodology for all community-based mental health
144.26services for children and adults. The report shall include an assessment of alternative
144.27payment structures, consistent with the intent and direction of the federal Centers for
144.28Medicare and Medicaid Services, that could provide adequate reimbursement to sustain
144.29community-based mental health services regardless of geographic location. The report
144.30shall also include recommendations for establishing pay-for-performance measures for
144.31providers delivering services consistent with evidence-based practices. In developing the
144.32report, the commissioner shall consult with stakeholders and with outside experts in
144.33Medicaid financing. The commissioner shall provide a report on the analysis to the chairs
145.1of the legislative committees with jurisdiction over health and human services finance
145.2by January 1, 2017.

145.3    Sec. 40. REPORT ON HUMAN SERVICES DATA SHARING TO
145.4COORDINATE SERVICES AND CARE OF A PATIENT.
145.5The commissioner of human services, in coordination with Hennepin County, shall
145.6report to the legislative committees with jurisdiction over health care financing on the
145.7fiscal impact, including the estimated savings, resulting from the modifications to the Data
145.8Practices Act in the 2015 legislative session, permitting the sharing of public welfare data
145.9and allowing the exchange of health records between providers to the extent necessary to
145.10coordinate services and care for clients enrolled in public health care programs. Counties
145.11shall provide information on the fiscal impact, including the estimated savings, resulting
145.12from the modifications to the Data Practices Act in the 2015 legislative session, the
145.13number of clients receiving care coordination, and improved outcomes achieved due
145.14to data sharing, to the commissioner of human services to include in the report. The
145.15commissioner may establish the form in which the information must be provided. The
145.16report is due January 1, 2017.

145.17    Sec. 41. COMPREHENSIVE MENTAL HEALTH PROGRAM IN BELTRAMI
145.18COUNTY.
145.19(a) The commissioner of human services shall award a grant to Beltrami County
145.20to fund the planning and development of a comprehensive mental health program
145.21contingent upon Beltrami County providing to the commissioner of human services a
145.22formal commitment and plan to fund, operate, and sustain the program and services after
145.23the onetime state grant is expended. The county must provide evidence of the funding
145.24stream or mechanism, and a sufficient local funding commitment, that will ensure that
145.25the onetime state investment in the program will result in a sustainable program without
145.26future state grants. The funding stream may include state funding for programs and
145.27services for which the individuals served under this section may be eligible. The grant
145.28under this section cannot be used for any purpose that could be funded with state bond
145.29proceeds. This is a onetime appropriation.
145.30(b) The planning and development of the program by the county must include an
145.31integrated care model for the provision of mental health and substance use disorder
145.32treatment for the individuals served under paragraph (c), in collaboration with existing
145.33services. The model may include mobile crisis services, crisis residential services,
146.1outpatient services, and community-based services. The model must be patient-centered,
146.2culturally competent, and based on evidence-based practices.
146.3(c) The comprehensive mental health program will serve individuals who are:
146.4(1) under arrest or subject to arrest who are experiencing a mental health crisis;
146.5(2) under a transport hold under Minnesota Statutes, section 253B.05, subdivision
146.62; or
146.7(3) in immediate need of mental health crisis services.
146.8(d) The commissioner of human services may encourage the commissioners of
146.9the Minnesota Housing Finance Agency, corrections, and health to provide technical
146.10assistance and support in the planning and development of the mental health program
146.11under paragraph (a). The commissioners of the Minnesota Housing Finance Agency and
146.12human services may explore a plan to develop short-term and long-term housing for
146.13individuals served by the program, and the possibility of using existing appropriations
146.14available in the housing finance budget for low-income housing or homelessness.
146.15(e) The commissioner of human services, in consultation with Beltrami County,
146.16shall report to the senate and house of representatives committees having jurisdiction over
146.17mental health issues the status of the planning and development of the mental health
146.18program, and the plan to financially support the program and services after the state grant
146.19is expended, by November 1, 2017.

146.20    Sec. 42. MENTAL HEALTH CRISIS SERVICES.
146.21The commissioner of human services shall increase access to mental health crisis
146.22services for children and adults. In order to increase access, the commissioner must:
146.23(1) develop a central phone number where calls can be routed to the appropriate
146.24crisis services;
146.25(2) provide telephone consultation 24 hours a day to mobile crisis teams who are
146.26serving people with traumatic brain injury or intellectual disabilities who are experiencing
146.27a mental health crisis;
146.28(3) expand crisis services across the state, including rural areas of the state and
146.29examining access per population;
146.30(4) establish and implement state standards for crisis services; and
146.31(5) provide grants to adult mental health initiatives, counties, tribes, or community
146.32mental health providers to establish new mental health crisis residential service capacity.
146.33Priority will be given to regions that do not have a mental health crisis residential
146.34services program, do not have an inpatient psychiatric unit within the region, do not have
146.35an inpatient psychiatric unit within 90 miles, or have a demonstrated need based on the
147.1number of crisis residential or intensive residential treatment beds available to meet the
147.2needs of the residents in the region. At least 50 percent of the funds must be distributed to
147.3programs in rural Minnesota. Grant funds may be used for start-up costs, including but not
147.4limited to renovations, furnishings, and staff training. Grant applications shall provide
147.5details on how the intended service will address identified needs and shall demonstrate
147.6collaboration with crisis teams, other mental health providers, hospitals, and police.

147.7    Sec. 43. INSTRUCTIONS TO THE COMMISSIONER.
147.8The commissioner of human services shall, in consultation with stakeholders, develop
147.9recommendations on funding for children's mental health crisis residential services that will
147.10allow for timely access without requiring county authorization or child welfare placement.

147.11ARTICLE 3
147.12WITHDRAWAL MANAGEMENT PROGRAMS

147.13    Section 1. [245F.01] PURPOSE.
147.14It is hereby declared to be the public policy of this state that the public interest is best
147.15served by providing efficient and effective withdrawal management services to persons
147.16in need of appropriate detoxification, assessment, intervention, and referral services.
147.17The services shall vary to address the unique medical needs of each patient and shall be
147.18responsive to the language and cultural needs of each patient. Services shall not be denied
147.19on the basis of a patient's inability to pay.

147.20    Sec. 2. [245F.02] DEFINITIONS.
147.21    Subdivision 1. Scope. The terms used in this chapter have the meanings given
147.22them in this section.
147.23    Subd. 2. Administration of medications. "Administration of medications" means
147.24performing a task to provide medications to a patient, and includes the following tasks
147.25performed in the following order:
147.26(1) checking the patient's medication record;
147.27(2) preparing the medication for administration;
147.28(3) administering the medication to the patient;
147.29(4) documenting administration of the medication or the reason for not administering
147.30the medication as prescribed; and
147.31(5) reporting information to a licensed practitioner or a registered nurse regarding
147.32problems with the administration of the medication or the patient's refusal to take the
147.33medication.
148.1    Subd. 3. Alcohol and drug counselor. "Alcohol and drug counselor" means an
148.2individual qualified under Minnesota Rules, part 9530.6450, subpart 5.
148.3    Subd. 4. Applicant. "Applicant" means an individual, partnership, voluntary
148.4association, corporation, or other public or private organization that submits an application
148.5for licensure under this chapter.
148.6    Subd. 5. Care coordination. "Care coordination" means activities intended to bring
148.7together health services, patient needs, and streams of information to facilitate the aims
148.8of care. Care coordination includes an ongoing needs assessment, life skills advocacy,
148.9treatment follow-up, disease management, education, and other services as needed.
148.10    Subd. 6. Chemical. "Chemical" means alcohol, solvents, controlled substances as
148.11defined in section 152.01, subdivision 4, and other mood-altering substances.
148.12    Subd. 7. Clinically managed program. "Clinically managed program" means a
148.13residential setting with staff comprised of a medical director and a licensed practical nurse.
148.14A licensed practical nurse must be on site 24 hours a day, seven days a week. A qualified
148.15medical professional must be available by telephone or in person for consultation 24 hours
148.16a day. Patients admitted to this level of service receive medical observation, evaluation,
148.17and stabilization services during the detoxification process; access to medications
148.18administered by trained, licensed staff to manage withdrawal; and a comprehensive
148.19assessment pursuant to Minnesota Rules, part 9530.6422.
148.20    Subd. 8. Commissioner. "Commissioner" means the commissioner of human
148.21services or the commissioner's designated representative.
148.22    Subd. 9. Department. "Department" means the Department of Human Services.
148.23    Subd. 10. Direct patient contact. "Direct patient contact" has the meaning given
148.24for "direct contact" in section 245C.02, subdivision 11.
148.25    Subd. 11. Discharge plan. "Discharge plan" means a written plan that states with
148.26specificity the services the program has arranged for the patient to transition back into
148.27the community.
148.28    Subd. 12. Licensed practitioner. "Licensed practitioner" means a practitioner as
148.29defined in section 151.01, subdivision 23, who is authorized to prescribe.
148.30    Subd. 13. Medical director. "Medical director" means an individual licensed in
148.31Minnesota as a doctor of osteopathy or physician, or an individual licensed in Minnesota
148.32as an advanced practice registered nurse by the Board of Nursing and certified to practice
148.33as a clinical nurse specialist or nurse practitioner by a national nurse organization
148.34acceptable to the board. The medical director must be employed by or under contract with
148.35the license holder to direct and supervise health care for patients of a program licensed
148.36under this chapter.
149.1    Subd. 14. Medically monitored program. "Medically monitored program" means
149.2a residential setting with staff that includes a registered nurse and a medical director. A
149.3registered nurse must be on site 24 hours a day. A medical director must be on site seven
149.4days a week, and patients must have the ability to be seen by a medical director within 24
149.5hours. Patients admitted to this level of service receive medical observation, evaluation,
149.6and stabilization services during the detoxification process; medications administered by
149.7trained, licensed staff to manage withdrawal; and a comprehensive assessment pursuant to
149.8Minnesota Rules, part 9530.6422.
149.9    Subd. 15. Nurse. "Nurse" means a person licensed and currently registered to
149.10practice practical or professional nursing as defined in section 148.171, subdivisions
149.1114 and 15.
149.12    Subd. 16. Patient. "Patient" means an individual who presents or is presented for
149.13admission to a withdrawal management program that meets the criteria in section 245F.05.
149.14    Subd. 17. Peer recovery support services. "Peer recovery support services"
149.15means mentoring and education, advocacy, and nonclinical recovery support provided
149.16by a recovery peer.
149.17    Subd. 18. Program director. "Program director" means the individual who is
149.18designated by the license holder to be responsible for all operations of a withdrawal
149.19management program and who meets the qualifications specified in section 245F.15,
149.20subdivision 3.
149.21    Subd. 19. Protective procedure. "Protective procedure" means an action taken by a
149.22staff member of a withdrawal management program to protect a patient from imminent
149.23danger of harming self or others. Protective procedures include the following actions:
149.24(1) seclusion, which means the temporary placement of a patient, without the
149.25patient's consent, in an environment to prevent social contact; and
149.26(2) physical restraint, which means the restraint of a patient by use of physical holds
149.27intended to limit movement of the body.
149.28    Subd. 20. Qualified medical professional. "Qualified medical professional"
149.29means an individual licensed in Minnesota as a doctor of osteopathy or physician, or an
149.30individual licensed in Minnesota as an advanced practice registered nurse by the Board of
149.31Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a
149.32national nurse organization acceptable to the board.
149.33    Subd. 21. Recovery peer. "Recovery peer" means a person who has progressed in
149.34the person's own recovery from substance use disorder and is willing to serve as a peer
149.35to assist others in their recovery.
150.1    Subd. 22. Responsible staff person. "Responsible staff person" means the program
150.2director, the medical director, or a staff person with current licensure as a nurse in
150.3Minnesota. The responsible staff person must be on the premises and is authorized to
150.4make immediate decisions concerning patient care and safety.
150.5    Subd. 23. Substance. "Substance" means "chemical" as defined in subdivision 6.
150.6    Subd. 24. Substance use disorder. "Substance use disorder" means a pattern of
150.7substance use as defined in the current edition of the Diagnostic and Statistical Manual of
150.8Mental Disorders.
150.9    Subd. 25. Technician. "Technician" means a person who meets the qualifications in
150.10section 245F.15, subdivision 6.
150.11    Subd. 26. Withdrawal management program. "Withdrawal management
150.12program" means a licensed program that provides short-term medical services on
150.13a 24-hour basis for the purpose of stabilizing intoxicated patients, managing their
150.14withdrawal, and facilitating access to substance use disorder treatment as indicated by a
150.15comprehensive assessment.

150.16    Sec. 3. [245F.03] APPLICATION.
150.17(a) This chapter establishes minimum standards for withdrawal management
150.18programs licensed by the commissioner that serve one or more unrelated persons.
150.19(b) This chapter does not apply to a withdrawal management program licensed as a
150.20hospital under sections 144.50 to 144.581. A withdrawal management program located in
150.21a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
150.22chapter is deemed to be in compliance with section 245F.13.

150.23    Sec. 4. [245F.04] PROGRAM LICENSURE.
150.24    Subdivision 1. General application and license requirements. An applicant
150.25for licensure as a clinically managed withdrawal management program or medically
150.26monitored withdrawal management program must meet the following requirements,
150.27except where otherwise noted. All programs must comply with federal requirements and
150.28the general requirements in chapters 245A and 245C and sections 626.556, 626.557, and
150.29626.5572. A withdrawal management program must be located in a hospital licensed under
150.30sections 144.50 to 144.581, or must be a supervised living facility with a class B license
150.31from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.
150.32    Subd. 2. Contents of application. Prior to the issuance of a license, an applicant
150.33must submit, on forms provided by the commissioner, documentation demonstrating
150.34the following:
151.1(1) compliance with this section;
151.2(2) compliance with applicable building, fire, and safety codes; health rules; zoning
151.3ordinances; and other applicable rules and regulations or documentation that a waiver
151.4has been granted. The granting of a waiver does not constitute modification of any
151.5requirement of this section;
151.6(3) completion of an assessment of need for a new or expanded program as required
151.7by Minnesota Rules, part 9530.6800; and
151.8(4) insurance coverage, including bonding, sufficient to cover all patient funds,
151.9property, and interests.
151.10    Subd. 3. Changes in license terms. (a) A license holder must notify the
151.11commissioner before one of the following occurs and the commissioner must determine
151.12the need for a new license:
151.13(1) a change in the Department of Health's licensure of the program;
151.14(2) a change in the medical services provided by the program that affects the
151.15program's capacity to provide services required by the program's license designation as a
151.16clinically managed program or medically monitored program;
151.17(3) a change in program capacity; or
151.18(4) a change in location.
151.19(b) A license holder must notify the commissioner and apply for a new license
151.20when a change in program ownership occurs.
151.21    Subd. 4. Variances. The commissioner may grant variances to the requirements of
151.22this chapter under section 245A.04, subdivision 9.

151.23    Sec. 5. [245F.05] ADMISSION AND DISCHARGE POLICIES.
151.24    Subdivision 1. Admission policy. A license holder must have a written admission
151.25policy containing specific admission criteria. The policy must describe the admission
151.26process and the point at which an individual who is eligible under subdivision 2 is
151.27admitted to the program. A license holder must not admit individuals who do not meet the
151.28admission criteria. The admission policy must be approved and signed by the medical
151.29director of the facility and must designate which staff members are authorized to admit
151.30and discharge patients. The admission policy must be posted in the area of the facility
151.31where patients are admitted and given to all interested individuals upon request.
151.32    Subd. 2. Admission criteria. For an individual to be admitted to a withdrawal
151.33management program, the program must make a determination that the program services
151.34are appropriate to the needs of the individual. A program may only admit individuals who
151.35meet the admission criteria and who, at the time of admission:
152.1(1) are impaired as the result of intoxication;
152.2(2) are experiencing physical, mental, or emotional problems due to intoxication or
152.3withdrawal from alcohol or other drugs;
152.4(3) are being held under apprehend and hold orders under section 253B.07,
152.5subdivision 2b;
152.6(4) have been committed under chapter 253B, and need temporary placement;
152.7(5) are held under emergency holds or peace and health officer holds under section
152.8253B.05, subdivision 1 or 2; or
152.9(6) need to stay temporarily in a protective environment because of a crisis related
152.10to substance use disorder. Individuals satisfying this clause may be admitted only at the
152.11request of the county of fiscal responsibility, as determined according to section 256G.02,
152.12subdivision 4. Individuals admitted according to this clause must not be restricted to
152.13the facility.
152.14    Subd. 3. Individuals denied admission by program. (a) A license holder must
152.15have a written policy and procedure for addressing the needs of individuals who are
152.16denied admission to the program. These individuals include:
152.17(1) individuals whose pregnancy, in combination with their presenting problem,
152.18requires services not provided by the program; and
152.19(2) individuals who are in imminent danger of harming self or others if their
152.20behavior is beyond the behavior management capabilities of the program and staff.
152.21(b) Programs must document denied admissions, including the date and time of
152.22the admission request, reason for the denial of admission, and where the individual was
152.23referred. If the individual did not receive a referral, the program must document why a
152.24referral was not made. This information must be documented on a form approved by the
152.25commissioner and made available to the commissioner upon request.
152.26    Subd. 4. License holder responsibilities; denying admission or terminating
152.27services. (a) If a license holder denies an individual admission to the program or
152.28terminates services to a patient and the denial or termination poses an immediate threat to
152.29the patient's or individual's health or requires immediate medical intervention, the license
152.30holder must refer the patient or individual to a medical facility capable of admitting the
152.31patient or individual.
152.32(b) A license holder must report to a law enforcement agency with proper jurisdiction
152.33all denials of admission and terminations of services that involve the commission of a crime
152.34against a staff member of the license holder or on the license holder's property, as provided
152.35in Code of Federal Regulations, title 42, section 2.12(c)(5), and title 45, parts 160 to 164.
153.1    Subd. 5. Discharge and transfer policies. A license holder must have a written
153.2policy and procedure, approved and signed by the medical director, that specifies
153.3conditions under which patients may be discharged or transferred. The policy must
153.4include the following:
153.5(1) guidelines for determining when a patient is medically stable and whether a
153.6patient is able to be discharged or transferred to a lower level of care;
153.7(2) guidelines for determining when a patient needs a transfer to a higher level of care.
153.8Clinically managed program guidelines must include guidelines for transfer to a medically
153.9monitored program, hospital, or other acute care facility. Medically monitored program
153.10guidelines must include guidelines for transfer to a hospital or other acute care facility;
153.11(3) procedures staff must follow when discharging a patient under each of the
153.12following circumstances:
153.13(i) the patient is involved in the commission of a crime against program staff or
153.14against a license holder's property. The procedures for a patient discharged under this
153.15item must specify how reports must be made to law enforcement agencies with proper
153.16jurisdiction as allowed under Code of Federal Regulations, title 42, section 2.12(c)(5), and
153.17title 45, parts 160 to 164;
153.18(ii) the patient is in imminent danger of harming self or others and is beyond the
153.19license holder's capacity to ensure safety;
153.20(iii) the patient was admitted under chapter 253B; or
153.21(iv) the patient is leaving against staff or medical advice; and
153.22(4) a requirement that staff must document where the patient was referred after
153.23discharge or transfer, and if a referral was not made, the reason the patient was not
153.24provided a referral.

153.25    Sec. 6. [245F.06] SCREENING AND COMPREHENSIVE ASSESSMENT.
153.26    Subdivision 1. Screening for substance use disorder. A nurse or an alcohol
153.27and drug counselor must screen each patient upon admission to determine whether a
153.28comprehensive assessment is indicated. The license holder must screen patients at
153.29each admission, except that if the patient has already been determined to suffer from a
153.30substance use disorder, subdivision 2 applies.
153.31    Subd. 2. Comprehensive assessment. (a) Prior to a medically stable discharge,
153.32but not later than 72 hours following admission, a license holder must provide a
153.33comprehensive assessment according to section 245.4863, paragraph (a), and Minnesota
153.34Rules, part 9530.6422, for each patient who has a positive screening for a substance use
153.35disorder. If a patient's medical condition prevents a comprehensive assessment from
154.1being completed within 72 hours, the license holder must document why the assessment
154.2was not completed. The comprehensive assessment must include documentation of the
154.3appropriateness of an involuntary referral through the civil commitment process.
154.4(b) If available to the program, a patient's previous comprehensive assessment may
154.5be used in the patient record. If a previously completed comprehensive assessment is used,
154.6its contents must be reviewed to ensure the assessment is accurate and current and complies
154.7with the requirements of this chapter. The review must be completed by a staff person
154.8qualified according to Minnesota Rules, part 9530.6450, subpart 5. The license holder must
154.9document that the review was completed and that the previously completed assessment is
154.10accurate and current, or the license holder must complete an updated or new assessment.

154.11    Sec. 7. [245F.07] STABILIZATION PLANNING.
154.12    Subdivision 1. Stabilization plan. Within 12 hours of admission, a license
154.13holder must develop an individualized stabilization plan for each patient accepted for
154.14stabilization services. The plan must be based on the patient's initial health assessment
154.15and continually updated based on new information gathered about the patient's condition
154.16from the comprehensive assessment, medical evaluation and consultation, and ongoing
154.17monitoring and observations of the patient. The patient must have an opportunity to have
154.18direct involvement in the development of the plan. The stabilization plan must:
154.19(1) identify medical needs and goals to be achieved while the patient is receiving
154.20services;
154.21(2) specify stabilization services to address the identified medical needs and goals,
154.22including amount and frequency of services;
154.23(3) specify the participation of others in the stabilization planning process and
154.24specific services where appropriate; and
154.25(4) document the patient's participation in developing the content of the stabilization
154.26plan and any updates.
154.27    Subd. 2. Progress notes. Progress notes must be entered in the patient's file at least
154.28daily and immediately following any significant event, including any change that impacts
154.29the medical, behavioral, or legal status of the patient. Progress notes must:
154.30(1) include documentation of the patient's involvement in the stabilization services,
154.31including the type and amount of each stabilization service;
154.32(2) include the monitoring and observations of the patient's medical needs;
154.33(3) include documentation of referrals made to other services or agencies;
154.34(4) specify the participation of others; and
154.35(5) be legible, signed, and dated by the staff person completing the documentation.
155.1    Subd. 3. Discharge plan. Before a patient leaves the facility, the license holder
155.2must conduct discharge planning for the patient, document discharge planning in the
155.3patient's record, and provide the patient with a copy of the discharge plan. The discharge
155.4plan must include:
155.5(1) referrals made to other services or agencies at the time of transition;
155.6(2) the patient's plan for follow-up, aftercare, or other poststabilization services;
155.7(3) documentation of the patient's participation in the development of the transition
155.8plan;
155.9(4) any service that will continue after discharge under the direction of the license
155.10holder; and
155.11(5) a stabilization summary and final evaluation of the patient's progress toward
155.12treatment objectives.

155.13    Sec. 8. [245F.08] STABILIZATION SERVICES.
155.14    Subdivision 1. General. The license holder must encourage patients to remain in
155.15care for an appropriate duration as determined by the patient's stabilization plan, and must
155.16encourage all patients to enter programs for ongoing recovery as clinically indicated. In
155.17addition, the license holder must offer services that are patient-centered, trauma-informed,
155.18and culturally appropriate. Culturally appropriate services must include translation services
155.19and dietary services that meet a patient's dietary needs. All services provided to the patient
155.20must be documented in the patient's medical record. The following services must be
155.21offered unless clinically inappropriate and the justifying clinical rationale is documented:
155.22(1) individual or group motivational counseling sessions;
155.23(2) individual advocacy and case management services;
155.24(3) medical services as required in section 245F.12;
155.25(4) care coordination provided according to subdivision 2;
155.26(5) peer recovery support services provided according to subdivision 3;
155.27(6) patient education provided according to subdivision 4; and
155.28(7) referrals to mutual aid, self-help, and support groups.
155.29    Subd. 2. Care coordination. Care coordination services must be initiated for each
155.30patient upon admission. The license holder must identify the staff person responsible for
155.31the provision of each service. Care coordination services must include:
155.32(1) coordination with significant others to assist in the stabilization planning process
155.33whenever possible;
155.34(2) coordination with and follow-up to appropriate medical services as identified by
155.35the nurse or licensed practitioner;
156.1(3) referral to substance use disorder services as indicated by the comprehensive
156.2assessment;
156.3(4) referral to mental health services as identified in the comprehensive assessment;
156.4(5) referrals to economic assistance, social services, and prenatal care in accordance
156.5with the patient's needs;
156.6(6) review and approval of the transition plan prior to discharge, except in an
156.7emergency, by a staff member able to provide direct patient contact;
156.8(7) documentation of the provision of care coordination services in the patient's
156.9file; and
156.10(8) addressing cultural and socioeconomic factors affecting the patient's access to
156.11services.
156.12    Subd. 3. Peer recovery support services. (a) Peers in recovery serve as mentors or
156.13recovery-support partners for individuals in recovery, and may provide encouragement,
156.14self-disclosure of recovery experiences, transportation to appointments, assistance with
156.15finding resources that will help locate housing, job search resources, and assistance finding
156.16and participating in support groups.
156.17(b) Peer recovery support services are provided by a recovery peer and must be
156.18supervised by the responsible staff person.
156.19    Subd. 4. Patient education. A license holder must provide education to each
156.20patient on the following:
156.21(1) substance use disorder, including the effects of alcohol and other drugs, specific
156.22information about the effects of substance use on unborn children, and the signs and
156.23symptoms of fetal alcohol spectrum disorders;
156.24(2) tuberculosis and reporting known cases of tuberculosis disease to health care
156.25authorities according to section 144.4804;
156.26(3) Hepatitis C treatment and prevention;
156.27(4) HIV as required in section 245A.19, paragraphs (b) and (c);
156.28(5) nicotine cessation options, if applicable;
156.29(6) opioid tolerance and overdose risks, if applicable; and
156.30(7) long-term withdrawal issues related to use of barbiturates and benzodiazepines,
156.31if applicable.
156.32    Subd. 5. Mutual aid, self-help, and support groups. The license holder must
156.33refer patients to mutual aid, self-help, and support groups when clinically indicated and
156.34to the extent available in the community.

156.35    Sec. 9. [245F.09] PROTECTIVE PROCEDURES.
157.1    Subdivision 1. Use of protective procedures. (a) Programs must incorporate
157.2person-centered planning and trauma-informed care into its protective procedure policies.
157.3Protective procedures may be used only in cases where a less restrictive alternative will
157.4not protect the patient or others from harm and when the patient is in imminent danger
157.5of harming self or others. When a program uses a protective procedure, the program
157.6must continuously observe the patient until the patient may safely be left for 15-minute
157.7intervals. Use of the procedure must end when the patient is no longer in imminent danger
157.8of harming self or others.
157.9(b) Protective procedures may not be used:
157.10(1) for disciplinary purposes;
157.11(2) to enforce program rules;
157.12(3) for the convenience of staff;
157.13(4) as a part of any patient's health monitoring plan; or
157.14(5) for any reason except in response to specific, current behaviors which create an
157.15imminent danger of harm to the patient or others.
157.16    Subd. 2. Protective procedures plan. A license holder must have a written policy
157.17and procedure that establishes the protective procedures that program staff must follow
157.18when a patient is in imminent danger of harming self or others. The policy must be
157.19appropriate to the type of facility and the level of staff training. The protective procedures
157.20policy must include:
157.21(1) an approval signed and dated by the program director and medical director prior
157.22to implementation. Any changes to the policy must also be approved, signed, and dated by
157.23the current program director and the medical director prior to implementation;
157.24(2) which protective procedures the license holder will use to prevent patients from
157.25imminent danger of harming self or others;
157.26(3) the emergency conditions under which the protective procedures are permitted
157.27to be used, if any;
157.28(4) the patient's health conditions that limit the specific procedures that may be used
157.29and alternative means of ensuring safety;
157.30(5) emergency resources the program staff must contact when a patient's behavior
157.31cannot be controlled by the procedures established in the policy;
157.32(6) the training that staff must have before using any protective procedure;
157.33(7) documentation of approved therapeutic holds;
157.34(8) the use of law enforcement personnel as described in subdivision 4;
158.1(9) standards governing emergency use of seclusion. Seclusion must be used only
158.2when less restrictive measures are ineffective or not feasible. The standards in items (i) to
158.3(vii) must be met when seclusion is used with a patient:
158.4(i) seclusion must be employed solely for the purpose of preventing a patient from
158.5imminent danger of harming self or others;
158.6(ii) seclusion rooms must be equipped in a manner that prevents patients from
158.7self-harm using projections, windows, electrical fixtures, or hard objects, and must allow
158.8the patient to be readily observed without being interrupted;
158.9(iii) seclusion must be authorized by the program director, a licensed physician, or
158.10a registered nurse. If one of these individuals is not present in the facility, the program
158.11director or a licensed physician or registered nurse must be contacted and authorization
158.12must be obtained within 30 minutes of initiating seclusion, according to written policies;
158.13(iv) patients must not be placed in seclusion for more than 12 hours at any one time;
158.14(v) once the condition of a patient in seclusion has been determined to be safe
158.15enough to end continuous observation, a patient in seclusion must be observed at a
158.16minimum of every 15 minutes for the duration of seclusion and must always be within
158.17hearing range of program staff;
158.18(vi) a process for program staff to use to remove a patient to other resources available
158.19to the facility if seclusion does not sufficiently assure patient safety; and
158.20(vii) a seclusion area may be used for other purposes, such as intensive observation, if
158.21the room meets normal standards of care for the purpose and if the room is not locked; and
158.22(10) physical holds may only be used when less restrictive measures are not feasible.
158.23The standards in items (i) to (iv) must be met when physical holds are used with a patient:
158.24(i) physical holds must be employed solely for preventing a patient from imminent
158.25danger of harming self or others;
158.26(ii) physical holds must be authorized by the program director, a licensed physician,
158.27or a registered nurse. If one of these individuals is not present in the facility, the program
158.28director or a licensed physician or a registered nurse must be contacted and authorization
158.29must be obtained within 30 minutes of initiating a physical hold, according to written
158.30policies;
158.31(iii) the patient's health concerns must be considered in deciding whether to use
158.32physical holds and which holds are appropriate for the patient; and
158.33(iv) only approved holds may be utilized. Prone holds are not allowed and must
158.34not be authorized.
158.35    Subd. 3. Records. Each use of a protective procedure must be documented in the
158.36patient record. The patient record must include:
159.1(1) a description of specific patient behavior precipitating a decision to use a
159.2protective procedure, including date, time, and program staff present;
159.3(2) the specific means used to limit the patient's behavior;
159.4(3) the time the protective procedure began, the time the protective procedure ended,
159.5and the time of each staff observation of the patient during the procedure;
159.6(4) the names of the program staff authorizing the use of the protective procedure,
159.7the time of the authorization, and the program staff directly involved in the protective
159.8procedure and the observation process;
159.9(5) a brief description of the purpose for using the protective procedure, including
159.10less restrictive interventions used prior to the decision to use the protective procedure
159.11and a description of the behavioral results obtained through the use of the procedure. If
159.12a less restrictive intervention was not used, the reasons for not using a less restrictive
159.13intervention must be documented;
159.14(6) documentation by the responsible staff person on duty of reassessment of the
159.15patient at least every 15 minutes to determine if seclusion or the physical hold can be
159.16terminated;
159.17(7) a description of the physical holds used in escorting a patient; and
159.18(8) any injury to the patient that occurred during the use of a protective procedure.
159.19    Subd. 4. Use of law enforcement. The program must maintain a central log
159.20documenting each incident involving use of law enforcement, including:
159.21(1) the date and time law enforcement arrived at and left the program;
159.22(2) the reason for the use of law enforcement;
159.23(3) if law enforcement used force or a protective procedure and which protective
159.24procedure was used; and
159.25(4) whether any injuries occurred.
159.26    Subd. 5. Administrative review. (a) The license holder must keep a record of all
159.27patient incidents and protective procedures used. An administrative review of each use
159.28of protective procedures must be completed within 72 hours by someone other than the
159.29person who used the protective procedure. The record of the administrative review of the
159.30use of protective procedures must state whether:
159.31(1) the required documentation was recorded for each use of a protective procedure;
159.32(2) the protective procedure was used according to the policy and procedures;
159.33(3) the staff who implemented the protective procedure was properly trained; and
159.34(4) the behavior met the standards for imminent danger of harming self or others.
160.1(b) The license holder must conduct and document a quarterly review of the use of
160.2protective procedures with the goal of reducing the use of protective procedures. The
160.3review must include:
160.4(1) any patterns or problems indicated by similarities in the time of day, day of the
160.5week, duration of the use of a protective procedure, individuals involved, or other factors
160.6associated with the use of protective procedures;
160.7(2) any injuries resulting from the use of protective procedures;
160.8(3) whether law enforcement was involved in the use of a protective procedure;
160.9(4) actions needed to correct deficiencies in the program's implementation of
160.10protective procedures;
160.11(5) an assessment of opportunities missed to avoid the use of protective procedures;
160.12and
160.13(6) proposed actions to be taken to minimize the use of protective procedures.

160.14    Sec. 10. [245F.10] PATIENT RIGHTS AND GRIEVANCE PROCEDURES.
160.15    Subdivision 1. Patient rights. Patients have the rights in sections 144.651,
160.16148F.165, and 253B.03, as applicable. The license holder must give each patient, upon
160.17admission, a written statement of patient rights. Program staff must review the statement
160.18with the patient.
160.19    Subd. 2. Grievance procedure. Upon admission, the license holder must explain
160.20the grievance procedure to the patient or patient's representative and give the patient a
160.21written copy of the procedure. The grievance procedure must be posted in a place visible
160.22to the patient and must be made available to current and former patients upon request. A
160.23license holder's written grievance procedure must include:
160.24(1) staff assistance in developing and processing the grievance;
160.25(2) an initial response to the patient who filed the grievance within 24 hours of the
160.26program's receipt of the grievance, and timelines for additional steps to be taken to resolve
160.27the grievance, including access to the person with the highest level of authority in the
160.28program if the grievance cannot be resolved by other staff members; and
160.29(3) the current addresses and telephone numbers of the Department of Human
160.30Services Licensing Division, Department of Health Office of Health Facilities Complaints,
160.31Board of Behavioral Health and Therapy, Board of Medical Practice, Board of Nursing,
160.32and Office of the Ombudsman for Mental Health and Developmental Disabilities.

160.33    Sec. 11. [245F.11] PATIENT PROPERTY MANAGEMENT.
161.1A license holder must meet the requirements for handling patient funds and property
161.2in section 245A.04, subdivision 13, except:
161.3(1) a license holder must establish policies regarding the use of personal property to
161.4assure that program activities and the rights of other patients are not infringed, and may
161.5take temporary custody of personal property if these policies are violated;
161.6(2) a license holder must retain the patient's property for a minimum of seven days
161.7after discharge if the patient does not reclaim the property after discharge; and
161.8(3) the license holder must return to the patient all of the patient's property held in
161.9trust at discharge, regardless of discharge status, except that:
161.10(i) drugs, drug paraphernalia, and drug containers that are subject to forfeiture under
161.11section 609.5316 must be given over to the custody of a local law enforcement agency or,
161.12if giving the property over to the custody of a local law enforcement agency would violate
161.13Code of Federal Regulations, title 42, sections 2.1 to 2.67, and title 45, parts 160 to 164,
161.14destroyed by a staff person designated by the program director; and
161.15(ii) weapons, explosives, and other property that may cause serious harm to self
161.16or others must be transferred to a local law enforcement agency. The patient must be
161.17notified of the transfer and the right to reclaim the property if the patient has a legal right
161.18to possess the item.

161.19    Sec. 12. [245F.12] MEDICAL SERVICES.
161.20    Subdivision 1. Services provided at all programs. Withdrawal management
161.21programs must have:
161.22(1) a standardized data collection tool for collecting health-related information about
161.23each patient. The data collection tool must be developed in collaboration with a registered
161.24nurse and approved and signed by the medical director; and
161.25(2) written procedures for a nurse to assess and monitor patient health within the
161.26nurse's scope of practice. The procedures must:
161.27(i) be approved by the medical director;
161.28(ii) include a follow-up screening conducted between four and 12 hours after service
161.29initiation to collect information relating to acute intoxication, other health complaints, and
161.30behavioral risk factors that the patient may not have communicated at service initiation;
161.31(iii) specify the physical signs and symptoms that, when present, require consultation
161.32with a registered nurse or a physician and that require transfer to an acute care facility or
161.33a higher level of care than that provided by the program;
161.34(iv) specify those staff members responsible for monitoring patient health and
161.35provide for hourly observation and for more frequent observation if the initial health
162.1assessment or follow-up screening indicates a need for intensive physical or behavioral
162.2health monitoring; and
162.3(v) specify the actions to be taken to address specific complicating conditions,
162.4including pregnancy or the presence of physical signs or symptoms of any other medical
162.5condition.
162.6    Subd. 2. Services provided at clinically managed programs. In addition to the
162.7services listed in subdivision 1, clinically managed programs must:
162.8(1) have a licensed practical nurse on site 24 hours a day and a medical director;
162.9(2) provide an initial health assessment conducted by a nurse upon admission;
162.10(3) provide daily on-site medical evaluation by a nurse;
162.11(4) have a registered nurse available by telephone or in person for consultation
162.1224 hours a day;
162.13(5) have a qualified medical professional available by telephone or in person for
162.14consultation 24 hours a day; and
162.15(6) have appropriately licensed staff available to administer medications according
162.16to prescriber-approved orders.
162.17    Subd. 3. Services provided at medically monitored programs. In addition to the
162.18services listed in subdivision 1, medically monitored programs must have a registered
162.19nurse on site 24 hours a day and a medical director. Medically monitored programs must
162.20provide intensive inpatient withdrawal management services which must include:
162.21(1) an initial health assessment conducted by a registered nurse upon admission;
162.22(2) the availability of a medical evaluation and consultation with a registered nurse
162.2324 hours a day;
162.24(3) the availability of a qualified medical professional by telephone or in person
162.25for consultation 24 hours a day;
162.26(4) the ability to be seen within 24 hours or sooner by a qualified medical
162.27professional if the initial health assessment indicates the need to be seen;
162.28(5) the availability of on-site monitoring of patient care seven days a week by a
162.29qualified medical professional; and
162.30(6) appropriately licensed staff available to administer medications according to
162.31prescriber-approved orders.

162.32    Sec. 13. [245F.13] MEDICATIONS.
162.33    Subdivision 1. Administration of medications. A license holder must employ or
162.34contract with a registered nurse to develop the policies and procedures for medication
162.35administration. A registered nurse must provide supervision as defined in section 148.171,
163.1subdivision 23, for the administration of medications. For clinically managed programs,
163.2the registered nurse supervision must include on-site supervision at least monthly or more
163.3often as warranted by the health needs of the patient. The medication administration
163.4policies and procedures must include:
163.5(1) a provision that patients may carry emergency medication such as nitroglycerin
163.6as instructed by their prescriber;
163.7(2) requirements for recording the patient's use of medication, including staff
163.8signatures with date and time;
163.9(3) guidelines regarding when to inform a licensed practitioner or a registered nurse
163.10of problems with medication administration, including failure to administer, patient
163.11refusal of a medication, adverse reactions, or errors; and
163.12(4) procedures for acceptance, documentation, and implementation of prescriptions,
163.13whether written, oral, telephonic, or electronic.
163.14    Subd. 2. Control of drugs. A license holder must have in place and implement
163.15written policies and procedures relating to control of drugs. The policies and procedures
163.16must be developed by a registered nurse and must contain the following provisions:
163.17(1) a requirement that all drugs must be stored in a locked compartment. Schedule II
163.18drugs, as defined in section 152.02, subdivision 3, must be stored in a separately locked
163.19compartment that is permanently affixed to the physical plant or a medication cart;
163.20(2) a system for accounting for all scheduled drugs each shift;
163.21(3) a procedure for recording a patient's use of medication, including staff signatures
163.22with time and date;
163.23(4) a procedure for destruction of discontinued, outdated, or deteriorated medications;
163.24(5) a statement that only authorized personnel are permitted to have access to the
163.25keys to the locked drug compartments; and
163.26(6) a statement that no legend drug supply for one patient may be given to another
163.27patient.

163.28    Sec. 14. [245F.14] STAFFING REQUIREMENTS AND DUTIES.
163.29    Subdivision 1. Program director. A license holder must employ or contract with a
163.30person, on a full-time basis, to serve as program director. The program director must be
163.31responsible for all aspects of the facility and the services delivered to the license holder's
163.32patients. An individual may serve as program director for more than one program owned
163.33by the same license holder.
163.34    Subd. 2. Responsible staff person. During all hours of operation, a license holder
163.35must designate a staff member as the responsible staff person to be present and awake
164.1in the facility and be responsible for the program. The responsible staff person must
164.2have decision-making authority over the day-to-day operation of the program as well
164.3as the authority to direct the activity of or terminate the shift of any staff member who
164.4has direct patient contact.
164.5    Subd. 3. Technician required. A license holder must have one technician awake
164.6and on duty at all times for every ten patients in the program. A license holder may assign
164.7technicians according to the need for care of the patients, except that the same technician
164.8must not be responsible for more than 15 patients at one time. For purposes of establishing
164.9this ratio, all staff whose qualifications meet or exceed those for technicians under section
164.10245F.15, subdivision 6, and who are performing the duties of a technician may be counted
164.11as technicians. The same individual may not be counted as both a technician and an
164.12alcohol and drug counselor.
164.13    Subd. 4. Registered nurse required. A license holder must employ or contract
164.14with a registered nurse, who must be available 24 hours a day by telephone or in person
164.15for consultation. The registered nurse is responsible for:
164.16(1) establishing and implementing procedures for the provision of nursing care and
164.17delegated medical care, including:
164.18(i) a health monitoring plan;
164.19(ii) a medication control plan;
164.20(iii) training and competency evaluations for staff performing delegated medical and
164.21nursing functions;
164.22(iv) handling serious illness, accident, or injury to patients;
164.23(v) an infection control program; and
164.24(vi) a first aid kit;
164.25(2) delegating nursing functions to other staff consistent with their education,
164.26competence, and legal authorization;
164.27(3) assigning, supervising, and evaluating the performance of nursing tasks; and
164.28(4) implementing condition-specific protocols in compliance with section 151.37,
164.29subdivision 2.
164.30    Subd. 5. Medical director required. A license holder must have a medical director
164.31available for medical supervision. The medical director is responsible for ensuring the
164.32accurate and safe provision of all health-related services and procedures. A license
164.33holder must obtain and document the medical director's annual approval of the following
164.34procedures before the procedures may be used:
164.35(1) admission, discharge, and transfer criteria and procedures;
164.36(2) a health services plan;
165.1(3) physical indicators for a referral to a physician, registered nurse, or hospital, and
165.2procedures for referral;
165.3(4) procedures to follow in case of accident, injury, or death of a patient;
165.4(5) formulation of condition-specific protocols regarding the medications that
165.5require a withdrawal regimen that will be administered to patients;
165.6(6) an infection control program;
165.7(7) protective procedures; and
165.8(8) a medication control plan.
165.9    Subd. 6. Alcohol and drug counselor. A withdrawal management program must
165.10provide one full-time equivalent alcohol and drug counselor for every 16 patients served
165.11by the program.
165.12    Subd. 7. Ensuring staff-to-patient ratio. The responsible staff person under
165.13subdivision 2 must ensure that the program does not exceed the staff-to-patient ratios in
165.14subdivisions 3 and 6 and must inform admitting staff of the current staffed capacity of
165.15the program for that shift. A license holder must have a written policy for documenting
165.16staff-to-patient ratios for each shift and actions to take when staffed capacity is reached.

165.17    Sec. 15. [245F.15] STAFF QUALIFICATIONS.
165.18    Subdivision 1. Qualifications for all staff who have direct patient contact. (a) All
165.19staff who have direct patient contact must be at least 18 years of age and must, at the time
165.20of hiring, document that they meet the requirements in paragraph (b), (c), or (d).
165.21(b) Program directors, supervisors, nurses, and alcohol and drug counselors must be
165.22free of substance use problems for at least two years immediately preceding their hiring
165.23and must sign a statement attesting to that fact.
165.24(c) Recovery peers must be free of substance use problems for at least one year
165.25immediately preceding their hiring and must sign a statement attesting to that fact.
165.26(d) Technicians and other support staff must be free of substance use problems
165.27for at least six months immediately preceding their hiring and must sign a statement
165.28attesting to that fact.
165.29    Subd. 2. Continuing employment; no substance use problems. License holders
165.30must require staff to be free from substance use problems as a condition of continuing
165.31employment. Staff are not required to sign statements attesting to their freedom from
165.32substance use problems after the initial statement required by subdivision 1. Staff with
165.33substance use problems must be immediately removed from any responsibilities that
165.34include direct patient contact.
165.35    Subd. 3. Program director qualifications. A program director must:
166.1(1) have at least one year of work experience in direct service to individuals
166.2with substance use disorders or one year of work experience in the management or
166.3administration of direct service to individuals with substance use disorders;
166.4(2) have a baccalaureate degree or three years of work experience in administration
166.5or personnel supervision in human services; and
166.6(3) know and understand the requirements of this chapter and chapters 245A and
166.7245C, and sections 253B.04, 253B.05, 626.556, 626.557, and 626.5572.
166.8    Subd. 4. Alcohol and drug counselor qualifications. An alcohol and drug
166.9counselor must meet the requirements in Minnesota Rules, part 9530.6450, subpart 5.
166.10    Subd. 5. Responsible staff person qualifications. Each responsible staff person
166.11must know and understand the requirements of this chapter and sections 245A.65,
166.12253B.04, 253B.05, 626.556, 626.557, and 626.5572. In a clinically managed program, the
166.13responsible staff person must be a licensed practical nurse employed by or under contract
166.14with the license holder. In a medically monitored program, the responsible staff person
166.15must be a registered nurse, program director, or physician.
166.16    Subd. 6. Technician qualifications. A technician employed by a program must
166.17demonstrate competency, prior to direct patient contact, in the following areas:
166.18(1) knowledge of the client bill of rights in section 148F.165, and staff responsibilities
166.19in sections 144.651 and 253B.03;
166.20(2) knowledge of and the ability to perform basic health screening procedures with
166.21intoxicated patients that consist of:
166.22(i) blood pressure, pulse, temperature, and respiration readings;
166.23(ii) interviewing to obtain relevant medical history and current health complaints; and
166.24(iii) visual observation of a patient's health status, including monitoring a patient's
166.25behavior as it relates to health status;
166.26(3) a current first aid certificate from the American Red Cross or an equivalent
166.27organization; a current cardiopulmonary resuscitation certificate from the American Red
166.28Cross, the American Heart Association, a community organization, or an equivalent
166.29organization; and knowledge of first aid for seizures, trauma, and loss of consciousness; and
166.30(4) knowledge of and ability to perform basic activities of daily living and personal
166.31hygiene.
166.32    Subd. 7. Recovery peer qualifications. Recovery peers must:
166.33(1) be at least 21 years of age and have a high school diploma or its equivalent;
166.34(2) have a minimum of one year in recovery from substance use disorder;
167.1(3) have completed a curriculum designated by the commissioner that teaches
167.2specific skills and training in the domains of ethics and boundaries, advocacy, mentoring
167.3and education, and recovery and wellness support; and
167.4(4) receive supervision in areas specific to the domains of their role by qualified
167.5supervisory staff.
167.6    Subd. 8. Personal relationships. A license holder must have a written policy
167.7addressing personal relationships between patients and staff who have direct patient
167.8contact. The policy must:
167.9(1) prohibit direct patient contact between a patient and a staff member if the staff
167.10member has had a personal relationship with the patient within two years prior to the
167.11patient's admission to the program;
167.12(2) prohibit access to a patient's clinical records by a staff member who has had a
167.13personal relationship with the patient within two years prior to the patient's admission,
167.14unless the patient consents in writing; and
167.15(3) prohibit a clinical relationship between a staff member and a patient if the staff
167.16member has had a personal relationship with the patient within two years prior to the
167.17patient's admission. If a personal relationship exists, the staff member must report the
167.18relationship to the staff member's supervisor and recuse the staff member from a clinical
167.19relationship with that patient.

167.20    Sec. 16. [245F.16] PERSONNEL POLICIES AND PROCEDURES.
167.21    Subdivision 1. Policy requirements. A license holder must have written personnel
167.22policies and must make them available to staff members at all times. The personnel
167.23policies must:
167.24(1) ensure that staff member's retention, promotion, job assignment, or pay are not
167.25affected by a good faith communication between the staff member and the Department
167.26of Human Services, Department of Health, Ombudsman for Mental Health and
167.27Developmental Disabilities, law enforcement, or local agencies that investigate complaints
167.28regarding patient rights, health, or safety;
167.29(2) include a job description for each position that specifies job responsibilities,
167.30degree of authority to execute job responsibilities, standards of job performance related to
167.31specified job responsibilities, and qualifications;
167.32(3) provide for written job performance evaluations for staff members of the license
167.33holder at least annually;
167.34(4) describe behavior that constitutes grounds for disciplinary action, suspension, or
167.35dismissal, including policies that address substance use problems and meet the requirements
168.1of section 245F.15, subdivisions 1 and 2. The policies and procedures must list behaviors
168.2or incidents that are considered substance use problems. The list must include:
168.3(i) receiving treatment for substance use disorder within the period specified for the
168.4position in the staff qualification requirements;
168.5(ii) substance use that has a negative impact on the staff member's job performance;
168.6(iii) substance use that affects the credibility of treatment services with patients,
168.7referral sources, or other members of the community; and
168.8(iv) symptoms of intoxication or withdrawal on the job;
168.9(5) include policies prohibiting personal involvement with patients and policies
168.10prohibiting patient maltreatment as specified under chapter 604 and sections 245A.65,
168.11626.556, 626.557, and 626.5572;
168.12(6) include a chart or description of organizational structure indicating the lines
168.13of authority and responsibilities;
168.14(7) include a written plan for new staff member orientation that, at a minimum,
168.15includes training related to the specific job functions for which the staff member was hired,
168.16program policies and procedures, patient needs, and the areas identified in subdivision 2,
168.17paragraphs (b) to (e); and
168.18(8) include a policy on the confidentiality of patient information.
168.19    Subd. 2. Staff development. (a) A license holder must ensure that each staff
168.20member receives orientation training before providing direct patient care and at least
168.2130 hours of continuing education every two years. A written record must be kept to
168.22demonstrate completion of training requirements.
168.23(b) Within 72 hours of beginning employment, all staff having direct patient contact
168.24must be provided orientation on the following:
168.25(1) specific license holder and staff responsibilities for patient confidentiality;
168.26(2) standards governing the use of protective procedures;
168.27(3) patient ethical boundaries and patient rights, including the rights of patients
168.28admitted under chapter 253B;
168.29(4) infection control procedures;
168.30(5) mandatory reporting under sections 245A.65, 626.556, and 626.557, including
168.31specific training covering the facility's policies concerning obtaining patient releases
168.32of information;
168.33(6) HIV minimum standards as required in section 245A.19;
168.34(7) motivational counseling techniques and identifying stages of change; and
168.35(8) eight hours of training on the program's protective procedures policy required in
168.36section 245F.09, including:
169.1(i) approved therapeutic holds;
169.2(ii) protective procedures used to prevent patients from imminent danger of harming
169.3self or others;
169.4(iii) the emergency conditions under which the protective procedures may be used, if
169.5any;
169.6(iv) documentation standards for using protective procedures;
169.7(v) how to monitor and respond to patient distress; and
169.8(vi) person-centered planning and trauma-informed care.
169.9(c) All staff having direct patient contact must be provided annual training on the
169.10following:
169.11(1) infection control procedures;
169.12(2) mandatory reporting under sections 245A.65, 626.556, and 626.557, including
169.13specific training covering the facility's policies concerning obtaining patient releases
169.14of information;
169.15(3) HIV minimum standards as required in section 245A.19; and
169.16(4) motivational counseling techniques and identifying stages of change.
169.17(d) All staff having direct patient contact must be provided training every two
169.18years on the following:
169.19(1) specific license holder and staff responsibilities for patient confidentiality;
169.20(2) standards governing use of protective procedures, including:
169.21(i) approved therapeutic holds;
169.22(ii) protective procedures used to prevent patients from imminent danger of harming
169.23self or others;
169.24(iii) the emergency conditions under which the protective procedures may be used, if
169.25any;
169.26(iv) documentation standards for using protective procedures;
169.27(v) how to monitor and respond to patient distress; and
169.28(vi) person-centered planning and trauma-informed care; and
169.29(3) patient ethical boundaries and patient rights, including the rights of patients
169.30admitted under chapter 253B.
169.31(e) Continuing education that is completed in areas outside of the required topics
169.32must provide information to the staff person that is useful to the performance of the
169.33individual staff person's duties.

169.34    Sec. 17. [245F.17] PERSONNEL FILES.
170.1A license holder must maintain a separate personnel file for each staff member. At a
170.2minimum, the file must contain:
170.3(1) a completed application for employment signed by the staff member that
170.4contains the staff member's qualifications for employment and documentation related to
170.5the applicant's background study data, as defined in chapter 245C;
170.6(2) documentation of the staff member's current professional license or registration,
170.7if relevant;
170.8(3) documentation of orientation and subsequent training;
170.9(4) documentation of a statement of freedom from substance use problems; and
170.10(5) an annual job performance evaluation.

170.11    Sec. 18. [245F.18] POLICY AND PROCEDURES MANUAL.
170.12A license holder must develop a written policy and procedures manual that is
170.13alphabetically indexed and has a table of contents, so that staff have immediate access
170.14to all policies and procedures, and that consumers of the services, and other authorized
170.15parties have access to all policies and procedures. The manual must contain the following
170.16materials:
170.17(1) a description of patient education services as required in section 245F.06;
170.18(2) personnel policies that comply with section 245F.16;
170.19(3) admission information and referral and discharge policies that comply with
170.20section 245F.05;
170.21(4) a health monitoring plan that complies with section 245F.12;
170.22(5) a protective procedures policy that complies with section 245F.09, if the program
170.23elects to use protective procedures;
170.24(6) policies and procedures for assuring appropriate patient-to-staff ratios that
170.25comply with section 245F.14;
170.26(7) policies and procedures for assessing and documenting the susceptibility for
170.27risk of abuse to the patient as the basis for the individual abuse prevention plan required
170.28by section 245A.65;
170.29(8) procedures for mandatory reporting as required by sections 245A.65, 626.556,
170.30and 626.557;
170.31(9) a medication control plan that complies with section 245F.13; and
170.32(10) policies and procedures regarding HIV that meet the minimum standards
170.33under section 245A.19.

170.34    Sec. 19. [245F.19] PATIENT RECORDS.
171.1    Subdivision 1. Patient records required. A license holder must maintain a file of
171.2current patient records on the program premises where the treatment is provided. Each
171.3entry in each patient record must be signed and dated by the staff member making the
171.4entry. Patient records must be protected against loss, tampering, or unauthorized disclosure
171.5in compliance with chapter 13 and section 254A.09; Code of Federal Regulations, title 42,
171.6sections 2.1 to 2.67; and title 45, parts 160 to 164.
171.7    Subd. 2. Records retention. A license holder must retain and store records as
171.8required by section 245A.041, subdivisions 3 and 4.
171.9    Subd. 3. Contents of records. Patient records must include the following:
171.10(1) documentation of the patient's presenting problem, any substance use screening,
171.11the most recent assessment, and any updates;
171.12(2) a stabilization plan and progress notes as required by section 245F.07,
171.13subdivisions 1 and 2;
171.14(3) a discharge summary as required by section 245F.07, subdivision 3;
171.15(4) an individual abuse prevention plan that complies with section 245A.65, and
171.16related rules;
171.17(5) documentation of referrals made; and
171.18(6) documentation of the monitoring and observations of the patient's medical needs.

171.19    Sec. 20. [245F.20] DATA COLLECTION REQUIRED.
171.20The license holder must participate in the drug and alcohol abuse normative
171.21evaluation system (DAANES) by submitting, in a format provided by the commissioner,
171.22information concerning each patient admitted to the program. Staff submitting data must
171.23be trained by the license holder with the DAANES Web manual.

171.24    Sec. 21. [245F.21] PAYMENT METHODOLOGY.
171.25The commissioner shall develop a payment methodology for services provided
171.26under this chapter or by an Indian Health Services facility or a facility owned and operated
171.27by a tribe or tribal organization operating under Public Law 93-638 as a 638 facility. The
171.28commissioner shall seek federal approval for the methodology. Upon federal approval, the
171.29commissioner must seek and obtain legislative approval of the funding methodology to
171.30support the service.

171.31ARTICLE 4
171.32DIRECT CARE AND TREATMENT

171.33    Section 1. Minnesota Statutes 2014, section 43A.241, is amended to read:
172.143A.241 INSURANCE CONTRIBUTIONS; FORMER CORRECTIONS
172.2EMPLOYEES.
172.3(a) This section applies to a person who:
172.4(1) was employed by the commissioner of the Department of Corrections at a state
172.5institution under control of the commissioner, and in that employment was a member
172.6of the general plan of the Minnesota State Retirement System; or by the Department
172.7of Human Services;
172.8(2) was covered by the correctional employee retirement plan under section 352.91
172.9or the general state employees retirement plan of the Minnesota State Retirement System
172.10as defined in section 352.021;
172.11(3) while employed under clause (1), was assaulted by:
172.12an inmate at a state institution under control of the commissioner of the Department
172.13of Corrections (i) a person under correctional supervision for a criminal offense; or
172.14(ii) a client or patient at the Minnesota sex offender program, or at a state-operated
172.15forensic services program as defined in section 352.91, subdivision 3j, under the control of
172.16the commissioner of the Department of Human Services; and
172.17(3) (4) as a direct result of the assault under clause (3), was determined to be
172.18totally and permanently physically disabled under laws governing the Minnesota State
172.19Retirement System.
172.20(b) For a person to whom this section applies, the commissioner of the Department
172.21of Corrections or the commissioner of the Department of Human Services must continue
172.22to make the employer contribution for hospital, medical, and dental benefits under the
172.23State Employee Group Insurance Program after the person terminates state service. If
172.24the person had dependent coverage at the time of terminating state service, employer
172.25contributions for dependent coverage also must continue under this section. The employer
172.26contributions must be in the amount of the employer contribution for active state
172.27employees at the time each payment is made. The employer contributions must continue
172.28until the person reaches age 65, provided the person makes the required employee
172.29contributions, in the amount required of an active state employee, at the time and in
172.30the manner specified by the commissioner.
172.31EFFECTIVE DATE.This section is effective the day following final enactment
172.32and applies to a person assaulted by an inmate, client, or patient on or after that date.

172.33    Sec. 2. Minnesota Statutes 2014, section 246.54, subdivision 1, is amended to read:
172.34    Subdivision 1. County portion for cost of care. (a) Except for chemical
172.35dependency services provided under sections 254B.01 to 254B.09, the client's county
173.1shall pay to the state of Minnesota a portion of the cost of care provided in a regional
173.2treatment center or a state nursing facility to a client legally settled in that county. A
173.3county's payment shall be made from the county's own sources of revenue and payments
173.4shall equal a percentage of the cost of care, as determined by the commissioner, for each
173.5day, or the portion thereof, that the client spends at a regional treatment center or a state
173.6nursing facility according to the following schedule:
173.7    (1) zero percent for the first 30 days;
173.8    (2) 20 percent for days 31 to 60 and over if the stay is determined to be clinically
173.9appropriate for the client; and
173.10    (3) 75 percent for any days over 60 100 percent for each day during the stay,
173.11including the day of admission, when the facility determines that it is clinically appropriate
173.12for the client to be discharged.
173.13    (b) The increase in the county portion for cost of care under paragraph (a), clause
173.14(3), shall be imposed when the treatment facility has determined that it is clinically
173.15appropriate for the client to be discharged.
173.16    (c) (b) If payments received by the state under sections 246.50 to 246.53 exceed
173.1780 percent of the cost of care for days over 31 to 60, or 25 percent for days over 60 for
173.18clients who meet the criteria in paragraph (a), clause (2), the county shall be responsible
173.19for paying the state only the remaining amount. The county shall not be entitled to
173.20reimbursement from the client, the client's estate, or from the client's relatives, except as
173.21provided in section 246.53.

173.22ARTICLE 5
173.23SIMPLIFICATION OF PUBLIC ASSISTANCE PROGRAMS

173.24    Section 1. Minnesota Statutes 2014, section 119B.011, subdivision 15, is amended to
173.25read:
173.26    Subd. 15. Income. "Income" means earned or unearned income received by all
173.27family members, including as defined under section 256P.01, subdivision 3, unearned
173.28income as defined under section 256P.01, subdivision 8, and public assistance cash benefits
173.29and, including the Minnesota family investment program, diversionary work program,
173.30work benefit, Minnesota supplemental aid, general assistance, refugee cash assistance,
173.31at-home infant child care subsidy payments, unless specifically excluded and child support
173.32and maintenance distributed to the family under section 256.741, subdivision 15. The
173.33following are excluded deducted from income: funds used to pay for health insurance
173.34premiums for family members, Supplemental Security Income, scholarships, work-study
173.35income, and grants that cover costs or reimbursement for tuition, fees, books, and
174.1educational supplies; student loans for tuition, fees, books, supplies, and living expenses;
174.2state and federal earned income tax credits; assistance specifically excluded as income by
174.3law; in-kind income such as food support, energy assistance, foster care assistance, medical
174.4assistance, child care assistance, and housing subsidies; earned income of full-time or
174.5part-time students up to the age of 19, who have not earned a high school diploma or GED
174.6high school equivalency diploma including earnings from summer employment; grant
174.7awards under the family subsidy program; nonrecurring lump-sum income only to the
174.8extent that it is earmarked and used for the purpose for which it is paid; and any income
174.9assigned to the public authority according to section 256.741 and child or spousal support
174.10paid to or on behalf of a person or persons who live outside of the household. Income
174.11sources not included in this subdivision and section 256P.06, subdivision 3, are not counted.

174.12    Sec. 2. Minnesota Statutes 2014, section 119B.025, subdivision 1, is amended to read:
174.13    Subdivision 1. Factors which must be verified. (a) The county shall verify the
174.14following at all initial child care applications using the universal application:
174.15(1) identity of adults;
174.16(2) presence of the minor child in the home, if questionable;
174.17(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
174.18relative caretaker, or the spouses of any of the foregoing;
174.19(4) age;
174.20(5) immigration status, if related to eligibility;
174.21(6) Social Security number, if given;
174.22(7) income;
174.23(8) spousal support and child support payments made to persons outside the
174.24household;
174.25(9) residence; and
174.26(10) inconsistent information, if related to eligibility.
174.27(b) If a family did not use the universal application or child care addendum to apply
174.28for child care assistance, the family must complete the universal application or child care
174.29addendum at its next eligibility redetermination and the county must verify the factors
174.30listed in paragraph (a) as part of that redetermination. Once a family has completed a
174.31universal application or child care addendum, the county shall use the redetermination
174.32form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
174.33must be redetermined at least every six months. A family is considered to have met the
174.34eligibility redetermination requirement if a complete redetermination form and all required
174.35verifications are received within 30 days after the date the form was due. Assistance shall
175.1be payable retroactively from the redetermination due date. For a family where at least
175.2one parent is under the age of 21, does not have a high school or general equivalency
175.3diploma, and is a student in a school district or another similar program that provides or
175.4arranges for child care, as well as parenting, social services, career and employment
175.5supports, and academic support to achieve high school graduation, the redetermination of
175.6eligibility shall be deferred beyond six months, but not to exceed 12 months, to the end of
175.7the student's school year. If a family reports a change in an eligibility factor before the
175.8family's next regularly scheduled redetermination, the county must recalculate eligibility
175.9without requiring verification of any eligibility factor that did not change. Changes must
175.10be reported as required by section 256P.07. A change in income occurs on the day the
175.11participant received the first payment reflecting the change in income.
175.12(c) The commissioner shall develop a redetermination form to redetermine eligibility
175.13and a change report form to report changes that minimize paperwork for the county and
175.14the participant.

175.15    Sec. 3. Minnesota Statutes 2014, section 119B.035, subdivision 4, is amended to read:
175.16    Subd. 4. Assistance. (a) A family is limited to a lifetime total of 12 months of
175.17assistance under subdivision 2. The maximum rate of assistance is equal to 68 percent
175.18of the rate established under section 119B.13 for care of infants in licensed family child
175.19care in the applicant's county of residence.
175.20(b) A participating family must report income and other family changes as specified in
175.21sections 256P.06 and 256P.07, and the county's plan under section 119B.08, subdivision 3.
175.22(c) Persons who are admitted to the at-home infant child care program retain their
175.23position in any basic sliding fee program. Persons leaving the at-home infant child care
175.24program reenter the basic sliding fee program at the position they would have occupied.
175.25(d) Assistance under this section does not establish an employer-employee
175.26relationship between any member of the assisted family and the county or state.

175.27    Sec. 4. Minnesota Statutes 2014, section 119B.09, subdivision 4, is amended to read:
175.28    Subd. 4. Eligibility; annual income; calculation. Annual income of the applicant
175.29family is the current monthly income of the family multiplied by 12 or the income for
175.30the 12-month period immediately preceding the date of application, or income calculated
175.31by the method which provides the most accurate assessment of income available to the
175.32family. Self-employment income must be calculated based on gross receipts less operating
175.33expenses. Income must be recalculated when the family's income changes, but no less
175.34often than every six months. For a family where at least one parent is under the age of
176.121, does not have a high school or general equivalency diploma, and is a student in a
176.2school district or another similar program that provides or arranges for child care, as well
176.3as parenting, social services, career and employment supports, and academic support to
176.4achieve high school graduation, income must be recalculated when the family's income
176.5changes, but otherwise shall be deferred beyond six months, but not to exceed 12 months,
176.6to the end of the student's school year. Included lump sums counted as income under
176.7section 256P.06, subdivision 3, must be annualized over 12 months. Income must be
176.8verified with documentary evidence. If the applicant does not have sufficient evidence of
176.9income, verification must be obtained from the source of the income.

176.10    Sec. 5. Minnesota Statutes 2014, section 256D.01, subdivision 1a, is amended to read:
176.11    Subd. 1a. Standards. (a) A principal objective in providing general assistance is
176.12to provide for single adults, childless couples, or children as defined in section 256D.02,
176.13subdivision 6
, ineligible for federal programs who are unable to provide for themselves.
176.14The minimum standard of assistance determines the total amount of the general assistance
176.15grant without separate standards for shelter, utilities, or other needs.
176.16(b) The commissioner shall set the standard of assistance for an assistance unit
176.17consisting of an adult recipient who is childless and unmarried or living apart from
176.18children and spouse and who does not live with a parent or parents or a legal custodian.
176.19When the other standards specified in this subdivision increase, this standard must also be
176.20increased by the same percentage.
176.21(c) For an assistance unit consisting of a single adult who lives with a parent or
176.22parents, the general assistance standard of assistance is the amount that the aid to families
176.23with dependent children standard of assistance, in effect on July 16, 1996, would increase
176.24if the recipient were added as an additional minor child to an assistance unit consisting
176.25of the recipient's parent and all of that parent's family members, except that the standard
176.26may not exceed the standard for a general assistance recipient living alone. Benefits
176.27received by a responsible relative of the assistance unit under the Supplemental Security
176.28Income program, a workers' compensation program, the Minnesota supplemental aid
176.29program, or any other program based on the responsible relative's disability, and any
176.30benefits received by a responsible relative of the assistance unit under the Social Security
176.31retirement program, may not be counted in the determination of eligibility or benefit
176.32level for the assistance unit. Except as provided below, the assistance unit is ineligible
176.33for general assistance if the available resources or the countable income of the assistance
176.34unit and the parent or parents with whom the assistance unit lives are such that a family
176.35consisting of the assistance unit's parent or parents, the parent or parents' other family
177.1members and the assistance unit as the only or additional minor child would be financially
177.2ineligible for general assistance. For the purposes of calculating the countable income
177.3of the assistance unit's parent or parents, the calculation methods, income deductions,
177.4exclusions, and disregards used when calculating the countable income for a single adult
177.5or childless couple must be used follow the provisions under section 256P.06.
177.6(d) For an assistance unit consisting of a childless couple, the standards of assistance
177.7are the same as the first and second adult standards of the aid to families with dependent
177.8children program in effect on July 16, 1996. If one member of the couple is not included
177.9in the general assistance grant, the standard of assistance for the other is the second adult
177.10standard of the aid to families with dependent children program as of July 16, 1996.

177.11    Sec. 6. Minnesota Statutes 2014, section 256D.02, is amended by adding a subdivision
177.12to read:
177.13    Subd. 1a. Assistance unit. "Assistance unit" means an individual who is, or an
177.14eligible married couple who live together who are, applying for or receiving benefits
177.15under this chapter.

177.16    Sec. 7. Minnesota Statutes 2014, section 256D.02, is amended by adding a subdivision
177.17to read:
177.18    Subd. 1b. Cash assistance benefit. "Cash assistance benefit" means any payment
177.19received as a disability benefit, including veterans or workers' compensation; old age,
177.20survivors, and disability insurance; railroad retirement benefits; unemployment benefits;
177.21and benefits under any federally aided categorical assistance program, Supplemental
177.22Security Income, or other assistance program.

177.23    Sec. 8. Minnesota Statutes 2014, section 256D.02, subdivision 8, is amended to read:
177.24    Subd. 8. Income. "Income" means any form of income, including remuneration
177.25for services performed as an employee and earned income from rental income and
177.26self-employment earnings as described under section 256P.05 earned income as defined
177.27under section 256P.01, subdivision 3, and unearned income as defined under section
177.28256P.01, subdivision 8.
177.29Income includes any payments received as an annuity, retirement, or disability
177.30benefit, including veteran's or workers' compensation; old age, survivors, and disability
177.31insurance; railroad retirement benefits; unemployment benefits; and benefits under any
177.32federally aided categorical assistance program, supplementary security income, or other
177.33assistance program; rents, dividends, interest and royalties; and support and maintenance
178.1payments. Such payments may not be considered as available to meet the needs of any
178.2person other than the person for whose benefit they are received, unless that person is
178.3a family member or a spouse and the income is not excluded under section 256D.01,
178.4subdivision 1a
. Goods and services provided in lieu of cash payment shall be excluded
178.5from the definition of income, except that payments made for room, board, tuition or
178.6fees by a parent, on behalf of a child enrolled as a full-time student in a postsecondary
178.7institution, and payments made on behalf of an applicant or participant which the applicant
178.8or participant could legally demand to receive personally in cash, must be included as
178.9income. Benefits of an applicant or participant, such as those administered by the Social
178.10Security Administration, that are paid to a representative payee, and are spent on behalf of
178.11the applicant or participant, are considered available income of the applicant or participant.

178.12    Sec. 9. Minnesota Statutes 2014, section 256D.06, subdivision 1, is amended to read:
178.13    Subdivision 1. Eligibility; amount of assistance. General assistance shall be
178.14granted in an amount that when added to the nonexempt countable income as determined
178.15to be actually available to the assistance unit under section 256P.06, the total amount
178.16equals the applicable standard of assistance for general assistance. In determining
178.17eligibility for and the amount of assistance for an individual or married couple, the agency
178.18shall apply the earned income disregard as determined in section 256P.03.

178.19    Sec. 10. Minnesota Statutes 2014, section 256D.405, subdivision 3, is amended to read:
178.20    Subd. 3. Reports. Participants must report changes in circumstances according to
178.21section 256P.07 that affect eligibility or assistance payment amounts within ten days of the
178.22change. Participants who do not receive SSI because of excess income must complete a
178.23monthly report form if they have earned income, if they have income deemed to them
178.24from a financially responsible relative with whom the participant resides, or if they have
178.25income deemed to them by a sponsor. If the report form is not received before the end of
178.26the month in which it is due, the county agency must terminate assistance. The termination
178.27shall be effective on the first day of the month following the month in which the report
178.28was due. If a complete report is received within the month the assistance was terminated,
178.29the assistance unit is considered to have continued its application for assistance, effective
178.30the first day of the month the assistance was terminated.

178.31    Sec. 11. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
178.32to read:
179.1    Subd. 1b. Assistance unit. "Assistance unit" means an individual who is applying
179.2for or receiving benefits under this chapter.

179.3    Sec. 12. Minnesota Statutes 2014, section 256I.03, subdivision 7, is amended to read:
179.4    Subd. 7. Countable income. "Countable income" means all income received by an
179.5applicant or recipient as described under section 256P.06, less any applicable exclusions
179.6or disregards. For a recipient of any cash benefit from the SSI program, countable income
179.7means the SSI benefit limit in effect at the time the person is in a GRH, less the medical
179.8assistance personal needs allowance. If the SSI limit has been reduced for a person due to
179.9events occurring prior to the persons entering the GRH setting, countable income means
179.10actual income less any applicable exclusions and disregards.

179.11    Sec. 13. Minnesota Statutes 2014, section 256I.04, subdivision 1, is amended to read:
179.12    Subdivision 1. Individual eligibility requirements. An individual is eligible for
179.13and entitled to a group residential housing payment to be made on the individual's behalf
179.14if the agency has approved the individual's residence in a group residential housing setting
179.15and the individual meets the requirements in paragraph (a) or (b).
179.16(a) The individual is aged, blind, or is over 18 years of age and disabled as
179.17determined under the criteria used by the title II program of the Social Security Act, and
179.18meets the resource restrictions and standards of section 256P.02, and the individual's
179.19countable income after deducting the (1) exclusions and disregards of the SSI program,
179.20(2) the medical assistance personal needs allowance under section 256B.35, and (3) an
179.21amount equal to the income actually made available to a community spouse by an elderly
179.22waiver participant under the provisions of sections 256B.0575, paragraph (a), clause
179.23(4), and 256B.058, subdivision 2, is less than the monthly rate specified in the agency's
179.24agreement with the provider of group residential housing in which the individual resides.
179.25(b) The individual meets a category of eligibility under section 256D.05, subdivision
179.261
, paragraph (a), and the individual's resources are less than the standards specified by
179.27section 256P.02, and the individual's countable income as determined under sections
179.28256D.01 to 256D.21 section 256P.06, less the medical assistance personal needs allowance
179.29under section 256B.35 is less than the monthly rate specified in the agency's agreement
179.30with the provider of group residential housing in which the individual resides.

179.31    Sec. 14. Minnesota Statutes 2014, section 256I.06, subdivision 6, is amended to read:
179.32    Subd. 6. Reports. Recipients must report changes in circumstances according
179.33to section 256P.07 that affect eligibility or group residential housing payment amounts
180.1within ten days of the change. Recipients with countable earned income must complete
180.2a monthly household report form. If the report form is not received before the end of
180.3the month in which it is due, the county agency must terminate eligibility for group
180.4residential housing payments. The termination shall be effective on the first day of the
180.5month following the month in which the report was due. If a complete report is received
180.6within the month eligibility was terminated, the individual is considered to have continued
180.7an application for group residential housing payment effective the first day of the month
180.8the eligibility was terminated.

180.9    Sec. 15. Minnesota Statutes 2014, section 256J.08, subdivision 26, is amended to read:
180.10    Subd. 26. Earned income. "Earned income" means cash or in-kind income earned
180.11through the receipt of wages, salary, commissions, profit from employment activities, net
180.12profit from self-employment activities, payments made by an employer for regularly
180.13accrued vacation or sick leave, and any other profit from activity earned through effort or
180.14labor. The income must be in return for, or as a result of, legal activity has the meaning
180.15given in section 256P.01, subdivision 3.

180.16    Sec. 16. Minnesota Statutes 2014, section 256J.08, subdivision 86, is amended to read:
180.17    Subd. 86. Unearned income. "Unearned income" means income received by
180.18a person that does not meet the definition of earned income. Unearned income includes
180.19income from a contract for deed, interest, dividends, unemployment benefits, disability
180.20insurance payments, veterans benefits, pension payments, return on capital investment,
180.21insurance payments or settlements, severance payments, child support and maintenance
180.22payments, and payments for illness or disability whether the premium payments are
180.23made in whole or in part by an employer or participant has the meaning given in section
180.24256P.01, subdivision 8.

180.25    Sec. 17. Minnesota Statutes 2014, section 256J.30, subdivision 1, is amended to read:
180.26    Subdivision 1. Applicant reporting requirements. An applicant must provide
180.27information on an application form and supplemental forms about the applicant's
180.28circumstances which affect MFIP eligibility or the assistance payment. An applicant must
180.29report changes identified in subdivision 9 while the application is pending. When an
180.30applicant does not accurately report information on an application, both an overpayment
180.31and a referral for a fraud investigation may result. When an applicant does not provide
180.32information or documentation, the receipt of the assistance payment may be delayed or the
181.1application may be denied depending on the type of information required and its effect on
181.2eligibility according to section 256P.07.

181.3    Sec. 18. Minnesota Statutes 2014, section 256J.30, subdivision 9, is amended to read:
181.4    Subd. 9. Changes that must be reported. A caregiver must report the changes or
181.5anticipated changes specified in clauses (1) to (15) within ten days of the date they occur,
181.6at the time of the periodic recertification of eligibility under section 256P.04, subdivisions
181.78
and 9, or within eight calendar days of a reporting period as in subdivision 5, whichever
181.8occurs first. A caregiver must report other changes at the time of the periodic recertification
181.9of eligibility under section 256P.04, subdivisions 8 and 9, or at the end of a reporting period
181.10under subdivision 5, as applicable. A caregiver must make these reports in writing to the
181.11agency. When an agency could have reduced or terminated assistance for one or more
181.12payment months if a delay in reporting a change specified under clauses (1) to (14) had
181.13not occurred, the agency must determine whether a timely notice under section 256J.31,
181.14subdivision 4
, could have been issued on the day that the change occurred. When a timely
181.15notice could have been issued, each month's overpayment subsequent to that notice must be
181.16considered a client error overpayment under section 256J.38. Calculation of overpayments
181.17for late reporting under clause (15) is specified in section 256J.09, subdivision 9. Changes
181.18in circumstances which must be reported within ten days must also be reported on the
181.19MFIP household report form for the reporting period in which those changes occurred.
181.20Within ten days, a caregiver must report: changes as specified under section 256P.07.
181.21(1) a change in initial employment;
181.22(2) a change in initial receipt of unearned income;
181.23(3) a recurring change in unearned income;
181.24(4) a nonrecurring change of unearned income that exceeds $30;
181.25(5) the receipt of a lump sum;
181.26(6) an increase in assets that may cause the assistance unit to exceed asset limits;
181.27(7) a change in the physical or mental status of an incapacitated member of the
181.28assistance unit if the physical or mental status is the basis for reducing the hourly
181.29participation requirements under section 256J.55, subdivision 1, or the type of activities
181.30included in an employment plan under section 256J.521, subdivision 2;
181.31(8) a change in employment status;
181.32(9) the marriage or divorce of an assistance unit member;
181.33(10) the death of a parent, minor child, or financially responsible person;
181.34(11) a change in address or living quarters of the assistance unit;
181.35(12) the sale, purchase, or other transfer of property;
182.1(13) a change in school attendance of a caregiver under age 20 or an employed child;
182.2(14) filing a lawsuit, a workers' compensation claim, or a monetary claim against a
182.3third party; and
182.4(15) a change in household composition, including births, returns to and departures
182.5from the home of assistance unit members and financially responsible persons, or a change
182.6in the custody of a minor child.

182.7    Sec. 19. Minnesota Statutes 2014, section 256J.35, is amended to read:
182.8256J.35 AMOUNT OF ASSISTANCE PAYMENT.
182.9Except as provided in paragraphs (a) to (d), the amount of an assistance payment is
182.10equal to the difference between the MFIP standard of need or the Minnesota family wage
182.11level in section 256J.24 and countable income.
182.12(a) Beginning July 1, 2015, MFIP assistance units are eligible for an MFIP housing
182.13assistance grant of $110 per month, unless:
182.14(1) the housing assistance unit is currently receiving public and assisted rental
182.15subsidies provided through the Department of Housing and Urban Development (HUD)
182.16and is subject to section 256J.37, subdivision 3a; or
182.17(2) the assistance unit is a child-only case under section 256J.88.
182.18(b) When MFIP eligibility exists for the month of application, the amount of the
182.19assistance payment for the month of application must be prorated from the date of
182.20application or the date all other eligibility factors are met for that applicant, whichever is
182.21later. This provision applies when an applicant loses at least one day of MFIP eligibility.
182.22(c) MFIP overpayments to an assistance unit must be recouped according to section
182.23256J.38, subdivision 4 256P.08, subdivision 6.
182.24(d) An initial assistance payment must not be made to an applicant who is not
182.25eligible on the date payment is made.

182.26    Sec. 20. Minnesota Statutes 2014, section 256J.40, is amended to read:
182.27256J.40 FAIR HEARINGS.
182.28Caregivers receiving a notice of intent to sanction or a notice of adverse action that
182.29includes a sanction, reduction in benefits, suspension of benefits, denial of benefits, or
182.30termination of benefits may request a fair hearing. A request for a fair hearing must be
182.31submitted in writing to the county agency or to the commissioner and must be mailed
182.32within 30 days after a participant or former participant receives written notice of the
182.33agency's action or within 90 days when a participant or former participant shows good
182.34cause for not submitting the request within 30 days. A former participant who receives a
183.1notice of adverse action due to an overpayment may appeal the adverse action according
183.2to the requirements in this section. Issues that may be appealed are:
183.3(1) the amount of the assistance payment;
183.4(2) a suspension, reduction, denial, or termination of assistance;
183.5(3) the basis for an overpayment, the calculated amount of an overpayment, and
183.6the level of recoupment;
183.7(4) the eligibility for an assistance payment; and
183.8(5) the use of protective or vendor payments under section 256J.39, subdivision 2,
183.9clauses (1) to (3).
183.10Except for benefits issued under section 256J.95, a county agency must not reduce,
183.11suspend, or terminate payment when an aggrieved participant requests a fair hearing
183.12prior to the effective date of the adverse action or within ten days of the mailing of the
183.13notice of adverse action, whichever is later, unless the participant requests in writing not
183.14to receive continued assistance pending a hearing decision. An appeal request cannot
183.15extend benefits for the diversionary work program under section 256J.95 beyond the
183.16four-month time limit. Assistance issued pending a fair hearing is subject to recovery
183.17under section 256J.38 256P.08 when as a result of the fair hearing decision the participant
183.18is determined ineligible for assistance or the amount of the assistance received. A county
183.19agency may increase or reduce an assistance payment while an appeal is pending when the
183.20circumstances of the participant change and are not related to the issue on appeal. The
183.21commissioner's order is binding on a county agency. No additional notice is required to
183.22enforce the commissioner's order.
183.23A county agency shall reimburse appellants for reasonable and necessary expenses
183.24of attendance at the hearing, such as child care and transportation costs and for the
183.25transportation expenses of the appellant's witnesses and representatives to and from the
183.26hearing. Reasonable and necessary expenses do not include legal fees. Fair hearings
183.27must be conducted at a reasonable time and date by an impartial human services judge
183.28employed by the department. The hearing may be conducted by telephone or at a site that
183.29is readily accessible to persons with disabilities.
183.30The appellant may introduce new or additional evidence relevant to the issues on
183.31appeal. Recommendations of the human services judge and decisions of the commissioner
183.32must be based on evidence in the hearing record and are not limited to a review of the
183.33county agency action.

183.34    Sec. 21. Minnesota Statutes 2014, section 256J.95, subdivision 19, is amended to read:
184.1    Subd. 19. DWP overpayments and underpayments. DWP benefits are subject
184.2to overpayments and underpayments. Anytime an overpayment or an underpayment is
184.3determined for DWP, the correction shall be calculated using prospective budgeting.
184.4Corrections shall be determined based on the policy in section 256J.34, subdivision 1,
184.5paragraphs (a), (b), and (c). ATM errors must be recovered as specified in section 256J.38,
184.6subdivision 5
256P.08, subdivision 7. Cross program recoupment of overpayments cannot
184.7be assigned to or from DWP.

184.8    Sec. 22. Minnesota Statutes 2014, section 256P.001, is amended to read:
184.9256P.001 APPLICABILITY.
184.10General assistance and Minnesota supplemental aid under chapter 256D, child care
184.11assistance programs under chapter 119B, and programs governed by chapter 256I or 256J
184.12are subject to the requirements of this chapter, unless otherwise specified or exempted.

184.13    Sec. 23. Minnesota Statutes 2014, section 256P.01, is amended by adding a subdivision
184.14to read:
184.15    Subd. 2a. Assistance unit. "Assistance unit" is defined by program area under
184.16sections 119B.011, subdivision 13; 256D.02, subdivision 1a; 256D.35, subdivision 3a;
184.17256I.03, subdivision 1b; and 256J.08, subdivision 7.

184.18    Sec. 24. Minnesota Statutes 2014, section 256P.01, subdivision 3, is amended to read:
184.19    Subd. 3. Earned income. "Earned income" means cash or in-kind income earned
184.20through the receipt of wages, salary, commissions, bonuses, tips, gratuities, profit from
184.21employment activities, net profit from self-employment activities, payments made by
184.22an employer for regularly accrued vacation or sick leave, and any severance pay based
184.23on accrued leave time, payments from training programs at a rate at or greater than the
184.24state's minimum wage, royalties, honoraria, or other profit from activity earned through
184.25effort that results from the client's work, service, effort, or labor. The income must be in
184.26return for, or as a result of, legal activity.

184.27    Sec. 25. Minnesota Statutes 2014, section 256P.01, is amended by adding a subdivision
184.28to read:
184.29    Subd. 8. Unearned income. "Unearned income" has the meaning given in section
184.30256P.06, subdivision 3, clause (2).

185.1    Sec. 26. Minnesota Statutes 2014, section 256P.02, is amended by adding a subdivision
185.2to read:
185.3    Subd. 1a. Exemption. Participants who qualify for child care assistance programs
185.4under chapter 119B are exempt from this section.

185.5    Sec. 27. Minnesota Statutes 2014, section 256P.03, subdivision 1, is amended to read:
185.6    Subdivision 1. Exempted programs. Participants who qualify for child care
185.7assistance programs under chapter 119B, Minnesota supplemental aid under chapter
185.8256D, and for group residential housing under chapter 256I on the basis of eligibility for
185.9Supplemental Security Income are exempt from this section.

185.10    Sec. 28. Minnesota Statutes 2014, section 256P.04, subdivision 1, is amended to read:
185.11    Subdivision 1. Exemption. Participants who receive Minnesota supplemental aid
185.12and who maintain Supplemental Security Income eligibility under chapters 256D and 256I
185.13are exempt from the reporting requirements of this section, except that the policies and
185.14procedures for transfers of assets are those used by the medical assistance program under
185.15section 256B.0595. Participants who receive child care assistance under chapter 119B are
185.16exempt from the requirements of this section.

185.17    Sec. 29. Minnesota Statutes 2014, section 256P.04, subdivision 4, is amended to read:
185.18    Subd. 4. Factors to be verified. (a) The agency shall verify the following at
185.19application:
185.20(1) identity of adults;
185.21(2) age, if necessary to determine eligibility;
185.22(3) immigration status;
185.23(4) income;
185.24(5) spousal support and child support payments made to persons outside the
185.25household;
185.26(6) vehicles;
185.27(7) checking and savings accounts;
185.28(8) inconsistent information, if related to eligibility;
185.29(9) residence; and
185.30(10) Social Security number.; and
185.31(11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2),
185.32item (ix), for the intended purpose for which it was given and received.
186.1(b) Applicants who are qualified noncitizens and victims of domestic violence as
186.2defined under section 256J.08, subdivision 73, clause (7), are not required to verify the
186.3information in paragraph (a), clause (10). When a Social Security number is not provided
186.4to the agency for verification, this requirement is satisfied when each member of the
186.5assistance unit cooperates with the procedures for verification of Social Security numbers,
186.6issuance of duplicate cards, and issuance of new numbers which have been established
186.7jointly between the Social Security Administration and the commissioner.

186.8    Sec. 30. Minnesota Statutes 2014, section 256P.05, subdivision 1, is amended to read:
186.9    Subdivision 1. Exempted programs. Participants who qualify for child care
186.10assistance programs under chapter 119B, Minnesota supplemental aid under chapter
186.11256D, and for group residential housing under chapter 256I on the basis of eligibility for
186.12Supplemental Security Income are exempt from this section.

186.13    Sec. 31. [256P.06] INCOME CALCULATIONS.
186.14    Subdivision 1. Reporting of income. To determine eligibility, the county agency
186.15must evaluate income received by members of the assistance unit, or by other persons
186.16whose income is considered available to the assistance unit, and only count income that
186.17is available to the assistance unit. Income is available if the individual has legal access
186.18to the income.
186.19    Subd. 2. Exempted individuals. The following members of an assistance unit
186.20under chapters 119B and 256J are exempt from having their earned income count towards
186.21the income of an assistance unit:
186.22(1) children under six years old;
186.23(2) caregivers under 20 years of age enrolled at least half-time in school; and
186.24(3) minors enrolled in school full time.
186.25    Subd. 3. Income inclusions. The following must be included in determining the
186.26income of an assistance unit:
186.27(1) earned income; and
186.28(2) unearned income, which includes:
186.29(i) interest and dividends from investments and savings;
186.30(ii) capital gains as defined by the Internal Revenue Service from any sale of real
186.31property;
186.32(iii) proceeds from rent and contract for deed payments in excess of the principal
186.33and interest portion owed on property;
186.34(iv) income from trusts, excluding special needs and supplemental needs trusts;
187.1(v) interest income from loans made by the participant or household;
187.2(vi) cash prizes and winnings;
187.3(vii) unemployment insurance income;
187.4(viii) retirement, survivors, and disability insurance payments;
187.5(ix) nonrecurring income over $60 per quarter unless earmarked and used for the
187.6purpose for which it is intended. Income and use of this income is subject to verification
187.7requirements under section 256P.04;
187.8(x) retirement benefits;
187.9(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D,
187.10256I, and 256J;
187.11(xii) tribal per capita payments unless excluded by federal and state law;
187.12(xiii) income and payments from service and rehabilitation programs that meet
187.13or exceed the state's minimum wage rate;
187.14(xiv) income from members of the United States armed forces unless excluded from
187.15income taxes according to federal or state law;
187.16(xv) all child support payments for programs under chapters 119B, 256D, and 256I;
187.17(xvi) the amount of current child support received that exceeds $100 for assistance
187.18units with one child and $200 for assistance units with two or more children for programs
187.19under chapter 256J; and
187.20(xvii) spousal support.

187.21    Sec. 32. [256P.07] REPORTING OF INCOME AND CHANGES.
187.22    Subdivision 1. Exempted programs. Participants who qualify for Minnesota
187.23supplemental aid under chapter 256D and for group residential housing under chapter 256I
187.24on the basis of eligibility for Supplemental Security Income are exempt from this section.
187.25    Subd. 2. Reporting requirements. An applicant or participant must provide
187.26information on an application and any subsequent reporting forms about the assistance
187.27unit's circumstances that affect eligibility or benefits. An applicant or assistance unit must
187.28report changes identified in subdivision 3. When information is not accurately reported,
187.29both an overpayment and a referral for a fraud investigation may result. When information
187.30or documentation is not provided, the receipt of any benefit may be delayed or denied,
187.31depending on the type of information required and its effect on eligibility.
187.32    Subd. 3. Changes that must be reported. An assistance unit must report the
187.33changes or anticipated changes specified in clauses (1) to (12) within ten days of the date
187.34they occur, at the time of recertification of eligibility under section 256P.04, subdivisions
187.358 and 9, or within eight calendar days of a reporting period, whichever occurs first. An
188.1assistance unit must report other changes at the time of recertification of eligibility under
188.2section 256P.04, subdivisions 8 and 9, or at the end of a reporting period, as applicable.
188.3When an agency could have reduced or terminated assistance for one or more payment
188.4months if a delay in reporting a change specified under clauses (1) to (12) had not occurred,
188.5the agency must determine whether a timely notice could have been issued on the day
188.6that the change occurred. When a timely notice could have been issued, each month's
188.7overpayment subsequent to that notice must be considered a client error overpayment
188.8under section 119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must
188.9be reported within ten days must also be reported for the reporting period in which those
188.10changes occurred. Within ten days, an assistance unit must report:
188.11(1) a change in earned income of $100 per month or greater;
188.12(2) a change in unearned income of $50 per month or greater;
188.13(3) a change in employment status and hours;
188.14(4) a change in address or residence;
188.15(5) a change in household composition with the exception of programs under
188.16chapter 256I;
188.17(6) a receipt of a lump-sum payment;
188.18(7) an increase in assets if over $9,000 with the exception of programs under chapter
188.19119B;
188.20(8) a change in citizenship or immigration status;
188.21(9) a change in family status with the exception of programs under chapter 256I;
188.22(10) a change in disability status of a unit member, with the exception of programs
188.23under chapter 119B;
188.24(11) a new rent subsidy or a change in rent subsidy; and
188.25(12) a sale, purchase, or transfer of real property.
188.26    Subd. 4. MFIP-specific reporting. In addition to subdivision 3, an assistance unit
188.27under chapter 256J, within ten days of the change, must report:
188.28(1) a pregnancy not resulting in birth when there are no other minor children; and
188.29(2) a change in school attendance of a parent under 20 years of age or of an
188.30employed child.
188.31    Subd. 5. DWP-specific reporting. In addition to subdivisions 3 and 4, an assistance
188.32unit participating in the diversionary work program under section 256J.95 must report
188.33on an application:
188.34(1) shelter expenses; and
188.35(2) utility expenses.
189.1    Subd. 6. Child care assistance programs-specific reporting. In addition to
189.2subdivision 3, an assistance unit under chapter 119B, within ten days of the change, must
189.3report:
189.4(1) a change in a parentally responsible individual's visitation schedule or custody
189.5arrangement for any child receiving child care assistance program benefits; and
189.6(2) a change in authorized activity status.
189.7    Subd. 7. Minnesota supplemental aid-specific reporting. In addition to
189.8subdivision 3, an assistance unit participating in the Minnesota supplemental aid program
189.9under section 256D.44, subdivision 5, paragraph (f), within ten days of the change, must
189.10report shelter expenses.

189.11    Sec. 33. [256P.08] CORRECTION OF OVERPAYMENTS AND
189.12UNDERPAYMENTS.
189.13    Subdivision 1. Exempted programs. Participants who qualify for child care
189.14assistance programs under chapter 119B or group residential housing under chapter 256I
189.15are exempt from this section.
189.16    Subd. 2. Scope of overpayment. (a) When a participant or former participant
189.17receives an overpayment due to client or ATM error, or due to assistance received while
189.18an appeal is pending and the participant or former participant is determined ineligible
189.19for assistance or for less assistance than was received, except as provided for interim
189.20assistance in section 256D.06, subdivision 5, the county agency must recoup or recover
189.21the overpayment using the following methods:
189.22(1) reconstruct each affected budget month and corresponding payment month;
189.23(2) use the policies and procedures that were in effect for the payment month; and
189.24(3) do not allow employment disregards in the calculation of the overpayment when
189.25the unit has not reported within two calendar months following the end of the month in
189.26which the income was received.
189.27(b) Establishment of an overpayment is limited to six years prior to the month of
189.28discovery due to client error or an intentional program violation determined under section
189.29256.046.
189.30(c) A participant or former participant is not responsible for overpayments due to
189.31agency error, unless the amount of the overpayment is large enough that a reasonable
189.32person would know it is an error.
189.33    Subd. 3. Notice of overpayment. When a county agency discovers that a participant
189.34or former participant has received an overpayment for one or more months, the county
189.35agency must notify the participant or former participant of the overpayment in writing.
190.1A notice of overpayment must specify the reason for the overpayment, the authority for
190.2citing the overpayment, the time period in which the overpayment occurred, the amount of
190.3the overpayment, and the participant's or former participant's right to appeal. No limit
190.4applies to the period in which the county agency is required to recoup or recover an
190.5overpayment according to subdivisions 4, 5, and 6.
190.6    Subd. 4. Recovering general assistance and Minnesota supplemental aid
190.7overpayments. (a) If an amount of assistance is paid to an assistance unit in excess of the
190.8payment due, it shall be recoverable by the agency. The agency shall give written notice to
190.9the participant of its intention to recover the overpayment.
190.10(b) If the individual is no longer receiving assistance, the agency may request
190.11voluntary repayment or pursue civil recovery.
190.12(c) If the individual is receiving assistance, except as provided for interim assistance
190.13in section 256D.06, subdivision 5, when an overpayment occurs the agency shall recover
190.14the overpayment by withholding an amount equal to:
190.15(1) three percent of the assistance unit's standard of need for all Minnesota
190.16supplemental aid assistance units, and nonfraud cases for general assistance; and
190.17(2) ten percent where fraud has occurred in general assistance cases; or
190.18(3) the amount of the monthly general assistance or Minnesota supplemental aid
190.19payment, whichever is less.
190.20(d) In cases when there is both an overpayment and underpayment, the county
190.21agency shall offset one against the other in correcting the payment.
190.22(e) Overpayments may also be voluntarily repaid, in part or in full, by the individual,
190.23in addition to the assistance reductions provided in this subdivision, to include further
190.24voluntary reductions in the grant level agreed to in writing by the individual, until the
190.25total amount of the overpayment is repaid.
190.26(f) The county agency shall make reasonable efforts to recover overpayments to
190.27individuals no longer on assistance. The agency need not attempt to recover overpayments
190.28of less than $35 paid to an individual no longer on assistance if the individual does not
190.29receive assistance again within three years, unless the individual has been convicted of
190.30violating section 256.98.
190.31(g) Establishment of an overpayment is limited to 12 months prior to the month of
190.32discovery due to agency error and six years prior to the month of discovery due to client
190.33error or an intentional program violation determined under section 256.046.
190.34(h) Residents of licensed residential facilities shall not have overpayments recovered
190.35from their personal needs allowance.
191.1(i) Overpayments by another maintenance benefit program shall not be recovered
191.2from the general assistance or Minnesota supplemental aid grant.
191.3    Subd. 5. Recovering MFIP overpayments. A county agency must initiate efforts
191.4to recover overpayments paid to a former participant or caregiver. Caregivers, both
191.5parental and nonparental, and minor caregivers of an assistance unit at the time an
191.6overpayment occurs, whether receiving assistance or not, are jointly and individually
191.7liable for repayment of the overpayment. The county agency must request repayment
191.8from the former participants and caregivers. When an agreement for repayment is
191.9not completed within six months of the date of discovery or when there is a default on
191.10an agreement for repayment after six months, the county agency must initiate recovery
191.11consistent with chapter 270A or section 541.05. When a person has been disqualified
191.12or convicted of fraud under section 256.98, recovery must be sought regardless of the
191.13amount of overpayment. When an overpayment is less than $35, and is not the result of a
191.14fraud conviction under section 256.98, the county agency must not seek recovery under
191.15this subdivision. The county agency must retain information about all overpayments
191.16regardless of the amount. When an adult, adult caregiver, or minor caregiver reapplies for
191.17assistance, the overpayment must be recouped under subdivision 6.
191.18    Subd. 6. Recouping overpayments from MFIP participants. A participant may
191.19voluntarily repay, in part or in full, an overpayment even if assistance is reduced under this
191.20subdivision, until the total amount of the overpayment is repaid. When an overpayment
191.21occurs due to fraud, the county agency must recover from the overpaid assistance unit,
191.22including child-only cases, ten percent of the applicable standard or the amount of the
191.23monthly assistance payment, whichever is less. When a nonfraud overpayment occurs,
191.24the county agency must recover from the overpaid assistance unit, including child-only
191.25cases, three percent of the MFIP standard of need or the amount of the monthly assistance
191.26payment, whichever is less.
191.27    Subd. 7. Recovering automatic teller machine errors. For recipients receiving
191.28benefits by electronic benefit transfer, if the overpayment is a result of an ATM dispensing
191.29funds in error to the recipient, the agency may recover the ATM error by immediately
191.30withdrawing funds from the recipient's electronic benefit transfer account, up to the
191.31amount of the error.
191.32    Subd. 8. Scope of underpayments. A county agency must issue a corrective
191.33payment for underpayments made to a participant or to a person who would be a
191.34participant if an agency or client error causing the underpayment had not occurred.
191.35Corrective payments are limited to 12 months prior to the month of discovery. The county
191.36agency must issue the corrective payment according to subdivision 10.
192.1    Subd. 9. Identifying the underpayment. An underpayment may be identified by
192.2a county agency, participant, former participant, or person who would be a participant
192.3except for agency or client error.
192.4    Subd. 10. Issuing corrective payments. A county agency must correct an
192.5underpayment within seven calendar days after the underpayment has been identified,
192.6by adding the corrective payment amount to the monthly assistance payment of the
192.7participant, issuing a separate payment to a participant or former participant, or reducing
192.8an existing overpayment balance. When an underpayment occurs in a payment month
192.9and is not identified until the next payment month or later, the county agency must first
192.10subtract the underpayment from any overpayment balance before issuing the corrective
192.11payment. The county agency must not apply an underpayment in a current payment month
192.12against an overpayment balance. When an underpayment in the current payment month
192.13is identified, the corrective payment must be issued within seven calendar days after the
192.14underpayment is identified. Corrective payments must be excluded when determining the
192.15applicant's or participant's income and resources for the month of payment. The county
192.16agency must correct underpayments using the following methods:
192.17(1) reconstruct each affected budget month and corresponding payment month; and
192.18(2) use the policies and procedures that were in effect for the payment month.
192.19    Subd. 11. Appeals. A participant may appeal an underpayment, an overpayment,
192.20and a reduction in an assistance payment made to recoup the overpayment under
192.21subdivisions 4 and 6. The participant's appeal of each issue must be timely under section
192.22256.045. When an appeal based on the notice issued under subdivision 3 is not timely, the
192.23fact or the amount of that overpayment must not be considered as a part of a later appeal,
192.24including an appeal of a reduction in an assistance payment to recoup that overpayment.

192.25    Sec. 34. REPEALER.
192.26(a) Minnesota Statutes 2014, sections 256D.0513; 256D.06, subdivision 8; 256D.09,
192.27subdivision 6; 256D.49; and 256J.38, are repealed.
192.28(b) Minnesota Rules, part 3400.0170, subparts 5, 6, 12, and 13, are repealed.

192.29    Sec. 35. EFFECTIVE DATE.
192.30This article is effective August 1, 2016.

193.1ARTICLE 6
193.2NURSING FACILITY PAYMENT REFORM AND WORKFORCE
193.3DEVELOPMENT

193.4    Section 1. [144.1503] HOME AND COMMUNITY-BASED SERVICES
193.5EMPLOYEE SCHOLARSHIP PROGRAM.
193.6    Subdivision 1. Creation. The home and community-based services employee
193.7scholarship grant program is established for the purpose of assisting qualified provider
193.8applicants to fund employee scholarships for education in nursing and other health care
193.9fields.
193.10    Subd. 2. Provision of grants. The commissioner shall make grants available
193.11to qualified providers of older adult services. Grants must be used by home and
193.12community-based service providers to recruit and train staff through the establishment of
193.13an employee scholarship fund.
193.14    Subd. 3. Eligibility. (a) Eligible providers must primarily provide services to
193.15individuals who are 65 years of age and older in home and community-based settings,
193.16including housing with services establishments as defined in section 144D.01, subdivision
193.174; adult day care as defined in section 245A.02, subdivision 2a; and home care services as
193.18defined in section 144A.43, subdivision 3.
193.19(b) Qualifying providers must establish a home and community-based services
193.20employee scholarship program, as specified in subdivision 4. Providers that receive
193.21funding under this section must use the funds to award scholarships to employees who
193.22work an average of at least 16 hours per week for the provider.
193.23    Subd. 4. Home and community-based services employee scholarship program.
193.24Each qualifying provider under this section must propose a home and community-based
193.25services employee scholarship program. Providers must establish criteria by which
193.26funds are to be distributed among employees. At a minimum, the scholarship program
193.27must cover employee costs related to a course of study that is expected to lead to career
193.28advancement with the provider or in the field of long-term care, including home care,
193.29care of persons with disabilities, or nursing.
193.30    Subd. 5. Participating providers. The commissioner shall publish a request for
193.31proposals in the State Register, specifying provider eligibility requirements, criteria for
193.32a qualifying employee scholarship program, provider selection criteria, documentation
193.33required for program participation, maximum award amount, and methods of evaluation.
193.34The commissioner must publish additional requests for proposals each year in which
193.35funding is available for this purpose.
194.1    Subd. 6. Application requirements. Eligible providers seeking a grant shall submit
194.2an application to the commissioner. Applications must contain a complete description of
194.3the employee scholarship program being proposed by the applicant, including the need for
194.4the organization to enhance the education of its workforce, the process for determining
194.5which employees will be eligible for scholarships, any other sources of funding for
194.6scholarships, the expected degrees or credentials eligible for scholarships, the amount of
194.7funding sought for the scholarship program, a proposed budget detailing how funds will
194.8be spent, and plans for retaining eligible employees after completion of their scholarship.
194.9    Subd. 7. Selection process. The commissioner shall determine a maximum
194.10award for grants and make grant selections based on the information provided in the
194.11grant application, including the demonstrated need for an applicant provider to enhance
194.12the education of its workforce, the proposed employee scholarship selection process,
194.13the applicant's proposed budget, and other criteria as determined by the commissioner.
194.14Notwithstanding any law or rule to the contrary, funds awarded to grantees in a grant
194.15agreement do not lapse until the grant agreement expires.
194.16    Subd. 8. Reporting requirements. Participating providers shall submit an invoice
194.17for reimbursement and a report to the commissioner on a schedule determined by the
194.18commissioner and on a form supplied by the commissioner. The report shall include
194.19the amount spent on scholarships; the number of employees who received scholarships;
194.20and, for each scholarship recipient, the name of the recipient, the current position of
194.21the recipient, the amount awarded, the educational institution attended, the nature of
194.22the educational program, and the expected or actual program completion date. During
194.23the grant period, the commissioner may require and collect from grant recipients other
194.24information necessary to evaluate the program.

194.25    Sec. 2. Minnesota Statutes 2014, section 144A.071, subdivision 4a, is amended to read:
194.26    Subd. 4a. Exceptions for replacement beds. It is in the best interest of the state
194.27to ensure that nursing homes and boarding care homes continue to meet the physical
194.28plant licensing and certification requirements by permitting certain construction projects.
194.29Facilities should be maintained in condition to satisfy the physical and emotional needs
194.30of residents while allowing the state to maintain control over nursing home expenditure
194.31growth.
194.32    The commissioner of health in coordination with the commissioner of human
194.33services, may approve the renovation, replacement, upgrading, or relocation of a nursing
194.34home or boarding care home, under the following conditions:
195.1    (a) to license or certify beds in a new facility constructed to replace a facility or to
195.2make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by
195.3fire, lightning, or other hazard provided:
195.4    (i) destruction was not caused by the intentional act of or at the direction of a
195.5controlling person of the facility;
195.6    (ii) at the time the facility was destroyed or damaged the controlling persons of the
195.7facility maintained insurance coverage for the type of hazard that occurred in an amount
195.8that a reasonable person would conclude was adequate;
195.9    (iii) the net proceeds from an insurance settlement for the damages caused by the
195.10hazard are applied to the cost of the new facility or repairs;
195.11    (iv) the number of licensed and certified beds in the new facility does not exceed the
195.12number of licensed and certified beds in the destroyed facility; and
195.13    (v) the commissioner determines that the replacement beds are needed to prevent an
195.14inadequate supply of beds.
195.15Project construction costs incurred for repairs authorized under this clause shall not be
195.16considered in the dollar threshold amount defined in subdivision 2;
195.17    (b) to license or certify beds that are moved from one location to another within a
195.18nursing home facility, provided the total costs of remodeling performed in conjunction
195.19with the relocation of beds does not exceed $1,000,000;
195.20    (c) to license or certify beds in a project recommended for approval under section
195.21144A.073 ;
195.22    (d) to license or certify beds that are moved from an existing state nursing home to
195.23a different state facility, provided there is no net increase in the number of state nursing
195.24home beds;
195.25    (e) to certify and license as nursing home beds boarding care beds in a certified
195.26boarding care facility if the beds meet the standards for nursing home licensure, or in a
195.27facility that was granted an exception to the moratorium under section 144A.073, and if
195.28the cost of any remodeling of the facility does not exceed $1,000,000. If boarding care
195.29beds are licensed as nursing home beds, the number of boarding care beds in the facility
195.30must not increase beyond the number remaining at the time of the upgrade in licensure.
195.31The provisions contained in section 144A.073 regarding the upgrading of the facilities
195.32do not apply to facilities that satisfy these requirements;
195.33    (f) to license and certify up to 40 beds transferred from an existing facility owned and
195.34operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the
195.35same location as the existing facility that will serve persons with Alzheimer's disease and
195.36other related disorders. The transfer of beds may occur gradually or in stages, provided
196.1the total number of beds transferred does not exceed 40. At the time of licensure and
196.2certification of a bed or beds in the new unit, the commissioner of health shall delicense
196.3and decertify the same number of beds in the existing facility. As a condition of receiving
196.4a license or certification under this clause, the facility must make a written commitment
196.5to the commissioner of human services that it will not seek to receive an increase in its
196.6property-related payment rate as a result of the transfers allowed under this paragraph;
196.7    (g) to license and certify nursing home beds to replace currently licensed and certified
196.8boarding care beds which may be located either in a remodeled or renovated boarding care
196.9or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
196.10nursing home facility within the identifiable complex of health care facilities in which the
196.11currently licensed boarding care beds are presently located, provided that the number of
196.12boarding care beds in the facility or complex are decreased by the number to be licensed
196.13as nursing home beds and further provided that, if the total costs of new construction,
196.14replacement, remodeling, or renovation exceed ten percent of the appraised value of
196.15the facility or $200,000, whichever is less, the facility makes a written commitment to
196.16the commissioner of human services that it will not seek to receive an increase in its
196.17property-related payment rate by reason of the new construction, replacement, remodeling,
196.18or renovation. The provisions contained in section 144A.073 regarding the upgrading of
196.19facilities do not apply to facilities that satisfy these requirements;
196.20    (h) to license as a nursing home and certify as a nursing facility a facility that is
196.21licensed as a boarding care facility but not certified under the medical assistance program,
196.22but only if the commissioner of human services certifies to the commissioner of health that
196.23licensing the facility as a nursing home and certifying the facility as a nursing facility will
196.24result in a net annual savings to the state general fund of $200,000 or more;
196.25    (i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing
196.26home beds in a facility that was licensed and in operation prior to January 1, 1992;
196.27    (j) to license and certify new nursing home beds to replace beds in a facility acquired
196.28by the Minneapolis Community Development Agency as part of redevelopment activities
196.29in a city of the first class, provided the new facility is located within three miles of the site
196.30of the old facility. Operating and property costs for the new facility must be determined
196.31and allowed under section 256B.431 or 256B.434;
196.32    (k) to license and certify up to 20 new nursing home beds in a community-operated
196.33hospital and attached convalescent and nursing care facility with 40 beds on April 21,
196.341991, that suspended operation of the hospital in April 1986. The commissioner of human
196.35services shall provide the facility with the same per diem property-related payment rate
196.36for each additional licensed and certified bed as it will receive for its existing 40 beds;
197.1    (l) to license or certify beds in renovation, replacement, or upgrading projects as
197.2defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the
197.3facility's remodeling projects do not exceed $1,000,000;
197.4    (m) to license and certify beds that are moved from one location to another for the
197.5purposes of converting up to five four-bed wards to single or double occupancy rooms
197.6in a nursing home that, as of January 1, 1993, was county-owned and had a licensed
197.7capacity of 115 beds;
197.8    (n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified
197.9nursing facility located in Minneapolis to layaway all of its licensed and certified nursing
197.10home beds. These beds may be relicensed and recertified in a newly constructed teaching
197.11nursing home facility affiliated with a teaching hospital upon approval by the legislature.
197.12The proposal must be developed in consultation with the interagency committee on
197.13long-term care planning. The beds on layaway status shall have the same status as
197.14voluntarily delicensed and decertified beds, except that beds on layaway status remain
197.15subject to the surcharge in section 256.9657. This layaway provision expires July 1, 1998;
197.16    (o) to allow a project which will be completed in conjunction with an approved
197.17moratorium exception project for a nursing home in southern Cass County and which is
197.18directly related to that portion of the facility that must be repaired, renovated, or replaced,
197.19to correct an emergency plumbing problem for which a state correction order has been
197.20issued and which must be corrected by August 31, 1993;
197.21    (p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified
197.22nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to
197.23the commissioner, up to 30 of the facility's licensed and certified beds by converting
197.24three-bed wards to single or double occupancy. Beds on layaway status shall have the
197.25same status as voluntarily delicensed and decertified beds except that beds on layaway
197.26status remain subject to the surcharge in section 256.9657, remain subject to the license
197.27application and renewal fees under section 144A.07 and shall be subject to a $100 per bed
197.28reactivation fee. In addition, at any time within three years of the effective date of the
197.29layaway, the beds on layaway status may be:
197.30    (1) relicensed and recertified upon relocation and reactivation of some or all of
197.31the beds to an existing licensed and certified facility or facilities located in Pine River,
197.32Brainerd, or International Falls; provided that the total project construction costs related to
197.33the relocation of beds from layaway status for any facility receiving relocated beds may
197.34not exceed the dollar threshold provided in subdivision 2 unless the construction project
197.35has been approved through the moratorium exception process under section 144A.073;
198.1    (2) relicensed and recertified, upon reactivation of some or all of the beds within the
198.2facility which placed the beds in layaway status, if the commissioner has determined a
198.3need for the reactivation of the beds on layaway status.
198.4    The property-related payment rate of a facility placing beds on layaway status
198.5must be adjusted by the incremental change in its rental per diem after recalculating the
198.6rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The
198.7property-related payment rate for a facility relicensing and recertifying beds from layaway
198.8status must be adjusted by the incremental change in its rental per diem after recalculating
198.9its rental per diem using the number of beds after the relicensing to establish the facility's
198.10capacity day divisor, which shall be effective the first day of the month following the
198.11month in which the relicensing and recertification became effective. Any beds remaining
198.12on layaway status more than three years after the date the layaway status became effective
198.13must be removed from layaway status and immediately delicensed and decertified;
198.14    (q) to license and certify beds in a renovation and remodeling project to convert 12
198.15four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
198.16home that, as of January 1, 1994, met the following conditions: the nursing home was
198.17located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked
198.18among the top 15 applicants by the 1993 moratorium exceptions advisory review panel.
198.19The total project construction cost estimate for this project must not exceed the cost
198.20estimate submitted in connection with the 1993 moratorium exception process;
198.21    (r) to license and certify up to 117 beds that are relocated from a licensed and certified
198.22138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds
198.23located in South St. Paul, provided that the nursing facility and hospital are owned by the
198.24same or a related organization and that prior to the date the relocation is completed the
198.25hospital ceases operation of its inpatient hospital services at that hospital. After relocation,
198.26the nursing facility's status shall be the same as it was prior to relocation. The nursing
198.27facility's property-related payment rate resulting from the project authorized in this
198.28paragraph shall become effective no earlier than April 1, 1996. For purposes of calculating
198.29the incremental change in the facility's rental per diem resulting from this project, the
198.30allowable appraised value of the nursing facility portion of the existing health care facility
198.31physical plant prior to the renovation and relocation may not exceed $2,490,000;
198.32    (s) to license and certify two beds in a facility to replace beds that were voluntarily
198.33delicensed and decertified on June 28, 1991;
198.34    (t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed
198.35nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding
198.36the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed
199.1nursing home facility after completion of a construction project approved in 1993 under
199.2section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner.
199.3Beds on layaway status shall have the same status as voluntarily delicensed or decertified
199.4beds except that they shall remain subject to the surcharge in section 256.9657. The
199.516 beds on layaway status may be relicensed as nursing home beds and recertified at
199.6any time within five years of the effective date of the layaway upon relocation of some
199.7or all of the beds to a licensed and certified facility located in Watertown, provided that
199.8the total project construction costs related to the relocation of beds from layaway status
199.9for the Watertown facility may not exceed the dollar threshold provided in subdivision
199.102 unless the construction project has been approved through the moratorium exception
199.11process under section 144A.073.
199.12    The property-related payment rate of the facility placing beds on layaway status must
199.13be adjusted by the incremental change in its rental per diem after recalculating the rental per
199.14diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
199.15payment rate for the facility relicensing and recertifying beds from layaway status must be
199.16adjusted by the incremental change in its rental per diem after recalculating its rental per
199.17diem using the number of beds after the relicensing to establish the facility's capacity day
199.18divisor, which shall be effective the first day of the month following the month in which
199.19the relicensing and recertification became effective. Any beds remaining on layaway
199.20status more than five years after the date the layaway status became effective must be
199.21removed from layaway status and immediately delicensed and decertified;
199.22    (u) to license and certify beds that are moved within an existing area of a facility or
199.23to a newly constructed addition which is built for the purpose of eliminating three- and
199.24four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary
199.25service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had
199.26a licensed capacity of 129 beds;
199.27    (v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County
199.28to a 160-bed facility in Crow Wing County, provided all the affected beds are under
199.29common ownership;
199.30    (w) to license and certify a total replacement project of up to 49 beds located in
199.31Norman County that are relocated from a nursing home destroyed by flood and whose
199.32residents were relocated to other nursing homes. The operating cost payment rates for
199.33the new nursing facility shall be determined based on the interim and settle-up payment
199.34provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of
199.35section 256B.431. Property-related reimbursement rates shall be determined under section
200.1256B.431 , taking into account any federal or state flood-related loans or grants provided
200.2to the facility;
200.3    (x) to license and certify a total to the licensee of a nursing home in Polk County
200.4that was destroyed by flood in 1997 replacement project projects with a total of up to 129
200.5beds, with at least 25 beds to be located in Polk County that are relocated from a nursing
200.6home destroyed by flood and whose residents were relocated to other nursing homes. and
200.7up to 104 beds distributed among up to three other counties. These beds may only be
200.8distributed to counties with fewer than the median number of age intensity adjusted beds
200.9per thousand, as most recently published by the commissioner of human services. If the
200.10licensee chooses to distribute beds outside of Polk County under this paragraph, prior to
200.11distributing the beds, the commissioner of health must approve the location in which the
200.12licensee plans to distribute the beds. The commissioner of health shall consult with the
200.13commissioner of human services prior to approving the location of the proposed beds.
200.14The licensee may combine these beds with beds relocated from other nursing facilities
200.15as provided in section 144A.073, subdivision 3c. The operating cost payment rates for
200.16the new nursing facility facilities shall be determined based on the interim and settle-up
200.17payment provisions of section 256B.431, 256B.434, or 256B.441 or Minnesota Rules, part
200.189549.0057, and the reimbursement provisions of section 256B.431, except that subdivision
200.1926, paragraphs (a) and (b), shall not apply until the second rate year after the settle-up cost
200.20report is filed. Property-related reimbursement rates shall be determined under section
200.21256B.431, taking into account any federal or state flood-related loans or grants p