CONFERENCE COMMITTEE REPORT ON S.F. No. 1458
relating to state government; establishing the health and human services budget;
modifying provisions governing children and family services, chemical and
mental health services, withdrawal management programs, direct care and
treatment, health care, continuing care, Department of Health programs,
health care delivery, health licensing boards, and MNsure; making changes
to medical assistance, general assistance, MFIP, Northstar Care for Children,
MinnesotaCare, child care assistance, and group residential housing programs;
establishing uniform requirements for public assistance programs related
to income calculation, reporting income, and correcting overpayments and
underpayments; creating the Department of MNsure; modifying requirements
for reporting maltreatment of minors; establishing the Minnesota ABLE plan
and accounts; modifying child support provisions; establishing standards for
withdrawal management programs; modifying requirements for background
studies; making changes to provisions governing the health information
exchange; authorizing rulemaking; requiring reports; making technical changes;
modifying certain fees for Department of Health programs; modifying fees
of certain health-related licensing boards; making human services forecast
adjustments; appropriating money;amending Minnesota Statutes 2014, sections
13.3806, subdivision 4; 13.46, subdivisions 2, 7; 13.461, by adding a subdivision;
15.01; 15A.0815, subdivision 2; 16A.724, subdivision 2; 43A.241; 62A.02,
subdivision 2; 62A.045; 62J.497, subdivisions 1, 3, 4, 5; 62J.498; 62J.4981;
62J.4982, subdivisions 4, 5; 62J.692, subdivision 4; 62M.01, subdivision
2; 62M.02, subdivisions 12, 14, 15, 17, by adding subdivisions; 62M.05,
subdivisions 3a, 3b, 4; 62M.06, subdivisions 2, 3; 62M.07; 62M.09, subdivision
3; 62M.10, subdivision 7; 62M.11; 62Q.02; 62U.02, subdivisions 1, 2, 3, 4;
62U.04, subdivision 11; 62V.02, subdivisions 2, 11, by adding a subdivision;
62V.03; 62V.05; 62V.06; 62V.07; 62V.08; 119B.011, subdivision 15; 119B.025,
subdivision 1; 119B.035, subdivision 4; 119B.07; 119B.09, subdivision 4;
119B.10, subdivision 1; 119B.11, subdivision 2a; 119B.125, by adding a
subdivision; 144.057, subdivision 1; 144.1501, subdivisions 1, 2, 3, 4; 144.215,
by adding a subdivision; 144.225, subdivision 4; 144.291, subdivision 2; 144.293,
subdivisions 6, 8; 144.298, subdivisions 2, 3; 144.3831, subdivision 1; 144.9501,
subdivisions 6d, 22b, 26b, by adding subdivisions; 144.9505; 144.9508;
144A.70, subdivision 6, by adding a subdivision; 144A.71; 144A.72; 144A.73;
144D.01, by adding a subdivision; 144E.001, by adding a subdivision; 144E.275,
subdivision 1, by adding a subdivision; 144E.50; 144F.01, subdivision 5;
145.928, by adding a subdivision; 145A.131, subdivision 1; 148.57, subdivisions
1, 2; 148.59; 148E.075; 148E.080, subdivisions 1, 2; 148E.180, subdivisions 2,
5; 149A.20, subdivisions 5, 6; 149A.40, subdivision 11; 149A.65; 149A.92,
subdivision 1; 149A.97, subdivision 7; 150A.091, subdivisions 4, 5, 11, by adding
subdivisions; 150A.31; 151.065, subdivisions 1, 2, 3, 4; 151.58, subdivisions 2,
5; 157.16; 169.686, subdivision 3; 174.29, subdivision 1; 174.30, subdivisions 3,
4, by adding subdivisions; 245.4661, subdivisions 5, 6, by adding subdivisions;
245.467, subdivision 6; 245.469, by adding a subdivision; 245.4876, subdivision
7; 245.4889, subdivision 1, by adding a subdivision; 245C.03, by adding a
subdivision; 245C.08, subdivision 1; 245C.10, by adding subdivisions; 245C.12;
246.18, subdivision 8; 246.54, subdivision 1; 246B.01, subdivision 2b; 246B.10;
253B.18, subdivisions 4c, 5; 254B.05, subdivision 5; 254B.12, subdivision 2;
256.01, by adding subdivisions; 256.015, subdivision 7; 256.017, subdivision
1; 256.478; 256.741, subdivisions 1, 2; 256.962, subdivision 5, by adding a
subdivision; 256.969, subdivisions 1, 2b, 3a, 3c, 9; 256.975, subdivision 8;
256B.056, subdivision 5c; 256B.057, subdivision 9; 256B.059, subdivision
5; 256B.06, by adding a subdivision; 256B.0615, subdivision 3; 256B.0622,
subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, by adding a subdivision; 256B.0624,
subdivision 7; 256B.0625, subdivisions 3b, 9, 13, 13e, 13h, 14, 17, 17a, 18a,
18e, 31, 48, 57, 58, by adding subdivisions; 256B.0631; 256B.072; 256B.0757;
256B.0916, subdivisions 2, 11, by adding a subdivision; 256B.441, by adding
a subdivision; 256B.49, subdivision 26, by adding a subdivision; 256B.4913,
subdivisions 4a, 5; 256B.4914, subdivisions 2, 8, 10, 14, 15; 256B.69,
subdivisions 5a, 5i, 6, 9c, 9d, by adding a subdivision; 256B.75; 256B.76,
subdivisions 2, 4, 7; 256B.767; 256D.01, subdivision 1a; 256D.02, subdivision
8, by adding subdivisions; 256D.06, subdivision 1; 256D.405, subdivision 3;
256E.35, subdivision 2, by adding a subdivision; 256I.03, subdivisions 3,
7, by adding subdivisions; 256I.04; 256I.05, subdivisions 1c, 1g; 256I.06,
subdivisions 2, 6, 7, 8; 256J.08, subdivisions 26, 86; 256J.24, subdivisions
5, 5a; 256J.30, subdivisions 1, 9; 256J.35; 256J.40; 256J.95, subdivision 19;
256K.45, subdivisions 1a, 6; 256L.01, subdivisions 3a, 5; 256L.03, subdivision
5; 256L.04, subdivisions 1a, 1c, 7b; 256L.05, subdivisions 3, 3a, 4, by adding
a subdivision; 256L.06, subdivision 3; 256L.11, by adding a subdivision;
256L.121, subdivision 1; 256L.15, subdivision 2; 256N.22, subdivisions 9,
10; 256N.24, subdivision 4; 256N.25, subdivision 1; 256N.27, subdivision 2;
256P.001; 256P.01, subdivision 3, by adding subdivisions; 256P.02, by adding
a subdivision; 256P.03, subdivision 1; 256P.04, subdivisions 1, 4; 256P.05,
subdivision 1; 257.0755, subdivisions 1, 2; 257.0761, subdivision 1; 257.0766,
subdivision 1; 257.0769, subdivision 1; 257.75, subdivisions 3, 5; 259A.75;
260C.007, subdivisions 27, 32; 260C.203; 260C.212, subdivision 1, by adding
subdivisions; 260C.221; 260C.331, subdivision 1; 260C.451, subdivisions 2, 6;
260C.515, subdivision 5; 260C.521, subdivisions 1, 2; 260C.607, subdivision
4; 282.241, subdivision 1; 290.0671, subdivision 6; 297A.70, subdivision 7;
514.73; 514.981, subdivision 2; 518A.26, subdivision 14; 518A.32, subdivision
2; 518A.39, subdivision 1, by adding a subdivision; 518A.41, subdivisions 1, 3,
4, 14, 15; 518A.43, by adding a subdivision; 518A.46, subdivision 3, by adding
a subdivision; 518A.51; 518A.53, subdivisions 1, 4, 10; 518A.60; 518C.802;
580.032, subdivision 1; 626.556, subdivisions 1, as amended, 2, 3, 6a, 7, as
amended, 10, 10e, 10j, 10m, 11c, by adding subdivisions; Laws 2008, chapter
363, article 18, section 3, subdivision 5; Laws 2013, chapter 108, article 14,
section 12, as amended; Laws 2014, chapter 189, sections 5; 10; 11; 16; 17; 18;
19; 23; 24; 27; 28; 29; 31; 43; 50; 51; 73; Laws 2014, chapter 312, article 24,
section 45, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 15; 62A; 62M; 62Q; 62V; 144; 144D; 245; 246B; 256B; 256E; 256M;
256P; 518A; proposing coding for new law as Minnesota Statutes, chapters 245F;
256Q; repealing Minnesota Statutes 2014, sections 62V.04; 62V.09; 62V.11;
144E.52; 148E.060, subdivision 12; 256.969, subdivisions 23, 30; 256B.69,
subdivision 32; 256D.0513; 256D.06, subdivision 8; 256D.09, subdivision 6;
256D.49; 256J.38; 256L.02, subdivision 3; 256L.05, subdivisions 1b, 1c, 3c, 5;
256L.11, subdivision 7; 257.0768; 290.0671, subdivision 6a; Minnesota Rules,
parts 3400.0170, subparts 5, 6, 12, 13; 8840.5900, subparts 12, 14.
May 17, 2015
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
We, the undersigned conferees for S.F. No. 1458 report that we have agreed upon
the items in dispute and recommend as follows:
That the House recede from its amendments and that S.F. No. 1458 be further
amended as follows:
Delete everything after the enacting clause and insert:
3.11CHILDREN AND FAMILY SERVICES
Section 1. Minnesota Statutes 2014, section 119B.125, is amended by adding a
subdivision 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
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
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
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.
Sec. 2. Minnesota Statutes 2014, section 119B.13, subdivision 6, is amended to read:
Subd. 6. Provider payments.
(a) The provider shall bill for services provided
within ten days of the end of the service period. If bills are submitted within ten
the end of the service period, payments under the child care fund shall be made within
days of receiving a bill from the provider. Counties or the state may establish policies
make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing
for an eligible family, the bill must be submitted within 60 days of the last date
of service on
the bill. A bill submitted more than 60 days after the last date of service must be
paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
119B.08, subdivision 3
, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must
not be paid.
(c) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.
(d) A county or the commissioner
may refuse to issue a child care authorization
to a licensed or legal nonlicensed provider, revoke an existing child care authorization
to a licensed or legal nonlicensed provider, stop payment issued to a licensed or
nonlicensed provider, or refuse to pay a bill submitted by a licensed or legal nonlicensed
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) a county or the commissioner
finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's
billing forms, or provided false attendance records to a county or the commissioner
(3) the provider is in violation of child care assistance program rules, until the
agency determines those violations have been corrected;
(4) the provider is operating after
an order of suspension
or of the provider's license issued by the commissioner;
an order of revocation of the provider's license
the provider has been issued an order citing violations of licensing standards that
4.30 affect the health and safety of children in care due to the nature, chronicity, or
4.31 of the licensing violations, until the licensing agency determines those violations
4.32 been corrected; (iii) a final order of conditional license issued by the commissioner for as
4.33long as the conditional license is in effect;
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; or
(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
may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.
A county's payment policies must be included in the county's child care plan
119B.08, subdivision 3
. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
Sec. 3. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
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.
Sec. 4. Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
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
5.19services agency or by a local welfare agency according to section 626.559, subdivision
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.
Sec. 5. Minnesota Statutes 2014, section 245C.04, is amended by adding a subdivision
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.
Sec. 6. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
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
6.3group residential housing or supplementary services under section 256I.04 through
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.
Sec. 7. Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
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
6.14appropriated to the commissioner for the purpose of conducting background studies.
Sec. 8. Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
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
6.20child maltreatment and child fatalities and near fatalities that occur in licensed
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
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
6.29the local agency. Summary reports of each review shall be provided to the state child
6.30mortality review panel when completed.
Sec. 9. Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:
Subdivision 1. Authority and purpose.
The commissioner shall administer a
compliance system for the Minnesota family investment program, the food stamp or food
support program, emergency assistance, general assistance, medical assistance, emergency
general assistance, Minnesota supplemental assistance, group residential housing
preadmission screening, alternative care grants, the child care assistance program,
all other programs administered by the commissioner or on behalf of the commissioner
under the powers and authorities named in section
256.01, subdivision 2
. The purpose of
the compliance system is to permit the commissioner to supervise the administration
public assistance programs and to enforce timely and accurate distribution of benefits,
completeness of service and efficient and effective program management and operations,
to increase uniformity and consistency in the administration and delivery of public
assistance programs throughout the state, and to reduce the possibility of sanctions
fiscal disallowances for noncompliance with federal regulations and state statutes.
commissioner, or the commissioner's representative, may issue administrative subpoenas
as needed in administering the compliance system.
The commissioner shall utilize training, technical assistance, and monitoring
activities, as specified in section
256.01, subdivision 2
, to encourage county agency
compliance with written policies and procedures.
Sec. 10. Minnesota Statutes 2014, section 256.741, subdivision 1, is amended to read:
Subdivision 1. Definitions.
(a) The term "direct support" as used in this chapter and
chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor
which is paid directly to a recipient of public assistance.
(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
and 518C, includes any form of assistance provided under the AFDC program formerly
codified in sections
, MFIP and MFIP-R formerly codified under chapter
256, MFIP under chapter 256J, work first program formerly codified under chapter 256K;
child care assistance provided through the child care fund under chapter 119B; any
of medical assistance under chapter 256B;
MinnesotaCare under chapter 256L;
care 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
7.29considered public assistance for purposes of a child support referral.
(c) The term "child support agency" as used in this section refers to the public
authority responsible for child support enforcement.
(d) The term "public assistance agency" as used in this section refers to a public
authority providing public assistance to an individual.
(e) The terms "child support" and "arrears" as used in this section have the meanings
provided in section
(f) The term "maintenance" as used in this section has the meaning provided in
Sec. 11. Minnesota Statutes 2014, section 256.741, subdivision 2, is amended to read:
Subd. 2. Assignment of support and maintenance rights.
(a) An individual
receiving public assistance in the form of assistance under any of the following programs:
the AFDC program formerly codified in sections
, MFIP under chapter
256J, MFIP-R and MFIP formerly codified under chapter 256, or work first program
formerly codified under chapter 256K is considered to have assigned to the state at
time of application all rights to child support and maintenance from any other person
applicant or recipient may have in the individual's own behalf or in the behalf of
family member for whom application for public assistance is made. An assistance unit
ineligible for the Minnesota family investment program unless the caregiver assigns
rights to child support and maintenance benefits according to this section.
(1) The assignment is effective as to any current child support and current
(2) Any child support or maintenance arrears that accrue while an individual is
receiving public assistance in the form of assistance under any of the programs listed
this paragraph are permanently assigned to the state.
(3) The assignment of current child support and current maintenance ends on the
date the individual ceases to receive or is no longer eligible to receive public assistance
under any of the programs listed in this paragraph.
(b) An individual receiving public assistance in the form of medical assistance
8.23 including MinnesotaCare,
is considered to have assigned to the state at the time of
application all rights to medical support from any other person the individual may
in the individual's own behalf or in the behalf of any other family member for whom
medical assistance is provided.
(1) An assignment made after September 30, 1997, is effective as to any medical
support accruing after the date of medical assistance
(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistance
, including MinnesotaCare,
assigned to the state.
(3) The assignment of current medical support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of medical
(c) An individual receiving public assistance in the form of child care assistance
under the child care fund pursuant to chapter 119B is considered to have assigned
state at the time of application all rights to child care support from any other person
individual may have in the individual's own behalf or in the behalf of any other family
member for whom child care assistance is provided.
(1) The assignment is effective as to any current child care support.
(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter
are permanently assigned to the state.
(3) The assignment of current child care support ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance in the form
care assistance under the child care fund under chapter 119B.
Sec. 12. [256E.28] CHILD PROTECTION GRANTS TO ADDRESS CHILD
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
9.21 (2) identifying and implementing strategies to reduce racial disparities in treatment
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
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
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
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
10.5determine the effectiveness of the grants and other activities funded under this section
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
10.11establish an administrative cost limit for grant recipients. A county awarded a grant
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
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
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
10.29subdivision 1 and must be targeted to achieve the outcomes established according to
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
11.6this section. Grant recipients shall cooperate with the commissioner in the evaluation
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
11.10force and to the chairs and ranking minority members of the house of representatives
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
11.14provide tribal delivery of child welfare services under section 256.01, subdivision
11.15receive funds under this subdivision, a participating tribe is not required to apply
11.16commissioner for grant funds. Participating tribes are also eligible for competitive
11.17funds under this section.
Sec. 13. Minnesota Statutes 2014, section 256E.35, subdivision 2, is amended to read:
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
11.26United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable
11.27to the extent section 2302 is in effect on August 1, 2008.
"Family asset account" means a savings account opened by a household
participating in the Minnesota family assets for independence initiative.
"Fiduciary organization" means:
(1) a community action agency that has obtained recognition under section
(2) a federal community development credit union serving the seven-county
metropolitan area; or
(3) a women-oriented economic development agency serving the seven-county
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
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.
"Financial institution" means a bank, bank and trust, savings bank, savings
association, or credit union, the deposits of which are insured by the Federal Deposit
Insurance 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.
"Permissible use" means:
(1) postsecondary educational expenses at an eligible educational institution as
defined in paragraph
, including books, supplies, and equipment required for
courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a residence,
including any usual or reasonable settlement, financing, or other closing costs;
(3) business capitalization expenses for expenditures on capital, plant, equipment,
working capital, and inventory expenses of a legitimate business pursuant to a business
plan approved by the fiduciary organization; and
(4) acquisition costs of a principal residence within the meaning of section 1034
the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area
purchase price applicable to the residence determined according to section 143(e)(2)
(3) of the Internal Revenue Code of 1986.
(f) "Household" means all individuals who share use of a dwelling unit as primary
12.27 quarters 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
12.30 Education Act of 1965; or
12.31 (2) an area vocational education school, as defined in subparagraph (C) or (D) of
12.32 United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
12.33 and Applied Technology Education Act), which is located within any state, as defined
12.34 United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable
12.35 to the extent section 2302 is in effect on August 1, 2008.
Sec. 14. Minnesota Statutes 2014, section 256E.35, is amended by adding a subdivision
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.
Sec. 15. Minnesota Statutes 2014, section 256I.03, subdivision 3, is amended to read:
Subd. 3. Group residential housing.
"Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section
This definition includes foster care
13.14 settings or community residential settings for a single adult.
To receive payment for a
group residence rate, the residence must meet the requirements under section
2a to 2f
Sec. 16. Minnesota Statutes 2014, section 256I.03, subdivision 7, is amended to read:
Subd. 7. Countable income.
"Countable income" means all income received by
an applicant or recipient less any applicable exclusions or disregards. For a recipient
any cash benefit from the SSI program, countable income means the SSI benefit limit
effect at the time the person is
in a GRH a recipient of group residential housing
, less the
medical assistance personal needs allowance under section 256B.35
. If the SSI limit
has been or benefit is
reduced for a person due to events
occurring prior to the persons
13.24 entering the GRH setting other than receipt of additional income
, countable income means
actual income less any applicable exclusions and disregards.
Sec. 17. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
13.28 Subd. 9. Direct contact. "Direct contact" means providing face-to-face care,
13.29training, supervision, counseling, consultation, or medication assistance to recipients
13.30group residential housing.
Sec. 18. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
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
14.4and posted on the Department of Human Services Web site.
Sec. 19. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
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.
Sec. 20. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
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
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,
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
14.23(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
14.31providing assistance in dressing, grooming, bathing, or with walking devices.
Sec. 21. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
15.1 Subd. 13. Prospective budgeting. "Prospective budgeting" means estimating the
15.2amount of monthly income a person will have in the payment month.
Sec. 22. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
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.
Sec. 23. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
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.
Sec. 24. Minnesota Statutes 2014, section 256I.04, subdivision 1, is amended to read:
Subdivision 1. Individual eligibility requirements.
An individual is eligible for
and entitled to a group residential housing payment to be made on the individual's
if the agency has approved the individual's residence in a group residential housing
and the individual meets the requirements in paragraph (a) or (b).
(a) The individual is aged, blind, or is over 18 years of age and disabled as
determined under the criteria used by the title II program of the Social Security
meets the resource restrictions and standards of section
, and the individual's
countable income after deducting the (1) exclusions and disregards of the SSI program,
(2) the medical assistance personal needs allowance under section
, and (3) an
amount equal to the income actually made available to a community spouse by an elderly
waiver participant under the provisions of sections
256B.0575, paragraph (a)
256B.058, subdivision 2
, is less than the monthly rate specified in the agency's
agreement with the provider of group residential housing in which the individual resides.
(b) The individual meets a category of eligibility under section
, paragraph (a), clauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable,
the individual's resources are less than the standards specified by section
the individual's countable income as determined under sections
the medical assistance personal needs allowance under section
is less than the
monthly rate specified in the agency's agreement with the provider of group residential
housing in which the individual resides.
16.3EFFECTIVE DATE.This section is effective September 1, 2015.
Sec. 25. Minnesota Statutes 2014, section 256I.04, subdivision 1a, is amended to read:
Subd. 1a. County approval.
(a) A county agency may not approve a group
residential housing payment for an individual in any setting with a rate in excess
MSA equivalent rate for more than 30 days in a calendar year unless the
16.8 has developed or approved individual has
plan for the individual which specifies that:
16.9 (1) the individual has an illness or incapacity which prevents the person from living
16.10 independently in the community; and
16.11 (2) the individual's illness or incapacity requires the services which are available
16.12 the group residence.
16.13 The plan must be signed or countersigned by any of the following employees of the
16.14 county of financial responsibility: the director of human services or a designee of
16.15 director; a social worker; or a case aide professional statement of need under section
16.16256I.03, subdivision 12
(b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements under this section, a county agency may accept a signed personal
statement 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.
Sec. 26. Minnesota Statutes 2014, section 256I.04, subdivision 2a, is amended to read:
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
establishment to provide group residential housing unless:
(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment;
a residential care home;
a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed
provide board if meals are being supplied to residents under a contract with a food
who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; (iii)
licensed by the commissioner under Minnesota Rules, parts
2960.0010 to 2960.0120, with a variance under section
, subdivision 9; or (iv)
licensed under section
245D.02, subdivision 4a
, as a community residential setting by
the commissioner of human services; or
(3) the establishment is registered under chapter 144D and provides three meals a
, or is an establishment voluntarily registered under section
144D.025 as a supportive
17.8 housing establishment; or.
17.9 (4) an establishment voluntarily registered under section
144D.025 , other than
17.10 a supportive housing establishment under clause (3), is not eligible to provide group
17.11 residential housing.
The requirements under
clauses (1) to (4) paragraph (a)
do not apply to
establishments exempt from state licensure because they are:
located on Indian reservations and subject to tribal health and safety
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,
17.20 (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
17.32 (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
Sec. 27. Minnesota Statutes 2014, section 256I.04, subdivision 2b, is amended to read:
Subd. 2b. Group residential housing agreements. (a)
agencies and providers of group residential housing or supplementary services
must be in
writing on a form developed and approved by the commissioner
and must specify the name
and address under which the establishment subject to the agreement does business and
under which the establishment, or service provider, if different from the group residential
housing establishment, is licensed by the Department of Health or the Department of
Human Services; the specific license or registration from the Department of Health
Department of Human Services held by the provider and the number of beds subject to
that license; the address of the location or locations at which group residential
provided under this agreement; the per diem and monthly rates that are to be paid
group residential housing or supplementary service
funds for each eligible resident at each
location; the number of beds at each location which are subject to the
agreement; whether the license holder is a not-for-profit corporation under section
501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject
the provisions of sections
and subject to any changes to those sections.
18.19(b) Providers are required to verify the following minimum requirements in the
18.21(1) current license or registration, including authorization if managing or monitoring
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.
Group residential housing (c)
Agreements may be terminated with or without cause by
county commissioner, the agency,
or the provider with two calendar months prior
notice. The commissioner may immediately terminate an agreement under subdivision 2d.
Sec. 28. Minnesota Statutes 2014, section 256I.04, subdivision 2c, is amended to read:
Crisis shelters Background study requirements. Secure crisis shelters
18.33 for battered women and their children designated by the Minnesota Department of
18.34 Corrections 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
19.16the disqualification for that setting under section 245C.22.
Sec. 29. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
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
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
19.29service recipients is endangered, or when the commissioner has reasonable cause to
19.30that the provider has breached a material term of the agreement under subdivision
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
19.34does not cure the breach within the time allowed, the provider shall be in default
19.35agreement and the commissioner may terminate the agreement immediately thereafter.
20.1the provider has breached a material term of the agreement and cure is not possible,
20.2commissioner may immediately terminate the agreement.
Sec. 30. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
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
20.7supplementary service staff are also operating under a license issued by the Department
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
20.12background study contact person according to chapter 245C and as directed by the
20.13Department of Human Services.
Sec. 31. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
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
20.21(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
20.24to repair and maintain equipment and facilities.
Sec. 32. Minnesota Statutes 2014, section 256I.04, is amended by adding a subdivision
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.
Sec. 33. Minnesota Statutes 2014, section 256I.04, subdivision 3, is amended to read:
Subd. 3. Moratorium on development of group residential housing beds.
Agencies shall not enter into agreements for new group residential housing beds
with total rates in excess of the MSA equivalent rate except:
(1) for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction
targets for persons with developmental disabilities at regional treatment centers;
(2) up to 80 beds in a single, specialized facility located in Hennepin County that
provide housing for chronic inebriates who are repetitive users of detoxification
and are refused placement in emergency shelters because of their state of intoxication,
and planning for the specialized facility must have been initiated before July 1,
in anticipation of receiving a grant from the Housing Finance Agency under section
21.12462A.05, subdivision 20a
, paragraph (b);
(3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with
mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
person who is living on the street or in a shelter or discharged from a regional treatment
center, community hospital, or residential treatment program and has no appropriate
housing available and lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units must serve homeless adults
with mental illness, substance abuse problems, or human immunodeficiency virus or
acquired immunodeficiency syndrome who are about to be or, within the previous six
months, has been discharged from a regional treatment center, or a state-contracted
psychiatric bed in a community hospital, or a residential mental health or chemical
dependency treatment program. If a person meets the requirements of subdivision 1,
paragraph (a), and receives a federal or state housing subsidy, the group residential
rate for that person is limited to the supplementary rate under section
, and is determined by subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential housing supplementary rate.
A resident in a demonstration project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing payment in an amount
determined under section
256I.06, subdivision 8
, using the MSA equivalent rate. Service
funding under section
256I.05, subdivision 1a
, will end June 30, 1997, if federal matching
funds are available and the services can be provided through a managed care entity.
federal matching funds are not available, then service funding will continue under
21.36256I.05, subdivision 1a
(4) for an additional two beds, resulting in a total of 32 beds, for a facility located
Hennepin County providing services for recovering and chemically dependent men that
has had a group residential housing contract with the county and has been licensed
board and lodge facility with special services since 1980;
(5) for a group residential housing provider located in the city of St. Cloud, or
contiguous to the city of St. Cloud, that operates a 40-bed facility, that received
through the Minnesota Housing Finance Agency Ending Long-Term Homelessness
Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;
(6) for a new 65-bed facility in Crow Wing County that will serve chemically
dependent persons, operated by a group residential housing provider that currently
operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
(7) for a group residential housing provider that operates two ten-bed facilities,
located in Hennepin County and one located in Ramsey County, that provide community
support and 24-hour-a-day supervision to serve the mental health needs of individuals
who have chronically lived unsheltered; and
(8) for a group residential facility in Hennepin County with a capacity of up to 48
beds that has been licensed since 1978 as a board and lodging facility and that until
1, 2007, operated as a licensed chemical dependency treatment program.
A county An
agency may enter into a group residential housing agreement for
beds with rates in excess of the MSA equivalent rate in addition to those currently
under a group residential housing agreement if the additional beds are only a replacement
of beds with rates in excess of the MSA equivalent rate which have been made available
due to closure of a setting, a change of licensure or certification which removes
from group residential housing payment, or as a result of the downsizing of a group
residential housing setting. The transfer of available beds from one
another can only occur by the agreement of both
Sec. 34. Minnesota Statutes 2014, section 256I.04, subdivision 4, is amended to read:
Subd. 4. Rental assistance.
For participants in the Minnesota supportive housing
demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding
the provisions of section
256I.06, subdivision 8
, the amount of the group residential
housing payment for room and board must be calculated by subtracting 30 percent of
recipient's adjusted income as defined by the United States Department of Housing
Urban Development for the Section 8 program from the fair market rent established
recipient's living unit by the federal Department of Housing and Urban Development.
payment shall be regarded as a state housing subsidy for the purposes of subdivision
Notwithstanding the provisions of section
256I.06, subdivision 6
, the recipient's countable
income will only be adjusted when a change of greater than $100 in a month occurs
upon annual redetermination of eligibility, whichever is sooner.
The commissioner is
23.4 directed to study the feasibility of developing a rental assistance program to serve
23.5 traditionally served in group residential housing settings and report to the legislature
23.6 February 15, 1999.
Sec. 35. Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:
Subd. 1c. Rate increases.
A county An
agency may not increase the rates
negotiated for group residential housing above those in effect on June 30, 1993, except
provided in paragraphs (a) to (f).
A county An agency
may increase the rates for group residential housing settings
to the MSA equivalent rate for those settings whose current rate is below the MSA
A county An
agency may increase the rates for residents in adult foster care
whose difficulty of care has increased. The total group residential housing rate for
residents must not exceed the maximum rate specified in subdivisions 1 and 1a.
Agencies must not include nor increase group residential housing difficulty of care
for adults in foster care whose difficulty of care is eligible for funding by home
community-based waiver programs under title XIX of the Social Security Act.
(c) The room and board rates will be increased each year when the MSA equivalent
rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI
less the amount of the increase in the medical assistance personal needs allowance
(d) When a group residential housing rate is used to pay for an individual's room
and board, or other costs necessary to provide room and board, the rate payable to
the residence must continue for up to 18 calendar days per incident that the person
temporarily absent from the residence, not to exceed 60 days in a calendar year, if
absence or absences have received the prior approval of the county agency's social
staff. Prior approval is not required for emergency absences due to crisis, illness,
(e) For facilities meeting substantial change criteria within the prior year. Substantial
change criteria exists if the group residential housing establishment experiences
percent increase or decrease in the total number of its beds, if the net cost of capital
additions or improvements is in excess of 15 percent of the current market value of
residence, or if the residence physically moves, or changes its licensure, and incurs
resulting increase in operation and property costs.
(f) Until June 30, 1994,
a county an
agency may increase by up to five percent the
total rate paid for recipients of assistance under sections
who reside in residences that are licensed by the commissioner of health as
a boarding care home, but are not certified for the purposes of the medical assistance
program. However, an increase under this clause must not exceed an amount equivalent
65 percent of the 1991 medical assistance reimbursement rate for nursing home resident
class A, in the geographic grouping in which the facility is located, as established
Minnesota Rules, parts 9549.0050 to 9549.0058.
Sec. 36. Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:
Subd. 1g. Supplementary service rate for certain facilities.
On or after July 1,
24.11 2005, a county An
agency may negotiate a supplementary service rate for recipients of
assistance under section
256I.04, subdivision 1
, paragraph (a) or
relocate from a
24.13 homeless shelter licensed and registered prior to December 31, 1996, by the Minnesota
24.14 Department 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
24.16 part with funds provided specifically as part of the plan to end long-term homelessness
24.17 required 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)
Sec. 37. Minnesota Statutes 2014, section 256I.06, subdivision 2, is amended to read:
Subd. 2. Time of payment.
A county agency may make payments to a group
residence in advance for an individual whose stay in the group residence is expected
to last beyond the calendar month for which the payment is made
and who does not
24.23 expect to receive countable earned income during the month for which the payment is
. Group residential housing payments made by a county agency on behalf of an
individual who is not expected to remain in the group residence beyond the month for
which payment is made must be made subsequent to the individual's departure from the
Group residential housing payments made by a county agency on behalf
24.28 of an individual with countable earned income must be made subsequent to receipt of
24.29 monthly household report form.
24.30EFFECTIVE DATE.This section is effective April 1, 2016.
Sec. 38. Minnesota Statutes 2014, section 256I.06, subdivision 6, is amended to read:
Subd. 6. Reports.
Recipients must report changes in circumstances that affect
eligibility or group residential housing payment amounts, other than changes in earned
within ten days of the change. Recipients with countable earned income must
household report form at least once every six months
. If the report
form is not received before the end of the month in which it is due, the county agency
must terminate eligibility for group residential housing payments. The termination
be effective on the first day of the month following the month in which the report
If a complete report is received within the month eligibility was terminated, the
is considered to have continued an application for group residential housing payment
effective the first day of the month the eligibility was terminated.
25.9EFFECTIVE DATE.This section is effective April 1, 2016.
Sec. 39. Minnesota Statutes 2014, section 256I.06, subdivision 7, is amended to read:
Subd. 7. Determination of rates.
The agency in the
county in which a
residence is located
determine the amount of group residential housing rate to
be paid on behalf of an individual in the
residence regardless of the individual's
of financial responsibility.
Sec. 40. Minnesota Statutes 2014, section 256I.06, subdivision 8, is amended to read:
Subd. 8. Amount of group residential housing payment. (a)
The amount of
a group residential housing payment to be made on behalf of an eligible individual
determined by subtracting the individual's countable income under section
, for a whole calendar month from the group residential housing charge for
that same month. The group residential housing charge is determined by multiplying
group residential housing rate times the period of time the individual was a resident
temporarily 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
25.26payment amount until the month following the reporting month. A decrease in income
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.
Sec. 41. Minnesota Statutes 2014, section 256J.21, subdivision 2, as amended by Laws
2015, chapter 21, article 1, section 60, is amended to read:
Subd. 2. Income exclusions.
The following must be excluded in determining a
family's available income:
(1) payments for basic care, difficulty of care, and clothing allowances received
providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care
for children under section
or chapter 256N, and payments received and used
for care and maintenance of a third-party beneficiary who is not a household member;
(2) reimbursements for employment training received through the Workforce
Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
(3) reimbursement for out-of-pocket expenses incurred while performing volunteer
services, jury duty, employment, or informal carpooling arrangements directly related
(4) all educational assistance, except the county agency must count graduate student
teaching assistantships, fellowships, and other similar paid work as earned income
after allowing deductions for any unmet and necessary educational expenses, shall
count scholarships or grants awarded to graduate students that do not require teaching
or research as unearned income;
(5) loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;
(6) loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter 290A; and
(iv) federal or state tax rebates;
(9) funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court, solicited
through public appeal, or made as a grant by a federal agency, state or local government,
or disaster assistance organizations, subsequent to a presidential declaration of
(10) the portion of an insurance settlement that is used to pay medical, funeral,
burial expenses, or to repair or replace insured property;
(11) reimbursements for medical expenses that cannot be paid by medical assistance;
(12) payments by a vocational rehabilitation program administered by the state
under chapter 268A, except those payments that are for current living expenses;
(13) in-kind income, including any payments directly made by a third party to a
provider of goods and services;
(14) assistance payments to correct underpayments, but only for the month in which
the payment is received;
(15) payments for short-term emergency needs under section
256J.626, subdivision 2
(16) funeral and cemetery payments as provided by section
(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
a calendar month;
(18) any form of energy assistance payment made through Public Law 97-35,
Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
providers by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;
(19) Supplemental Security Income (SSI), including retroactive SSI payments and
other income of an SSI recipient, except as described in section
256J.37, subdivision 3b
(20) Minnesota supplemental aid, including retroactive payments;
(21) proceeds from the sale of real or personal property;
(22) adoption or kinship assistance payments under chapter 256N or 259A and
Minnesota permanency demonstration title IV-E waiver payments;
(23) state-funded family subsidy program payments made under section
help families care for children with developmental disabilities, consumer support
funds under section
, and resources and services for a disabled household member
under one of the home and community-based waiver services programs under chapter 256B;
(24) interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child through age 6, or a minor
child who is at least a half-time student in an approved elementary or secondary education
(27) income earned by a caregiver under age 20 who is at least a half-time student
an approved elementary or secondary education program;
(28) MFIP child care payments under section
(29) all other payments made through MFIP to support a caregiver's pursuit of
greater economic stability;
(30) income a participant receives related to shared living expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
42, chapter 13A, sections 1771 to 1790;
(33) benefits provided by the women, infants, and children (WIC) nutrition program,
United States Code, title 42, chapter 13A, section 1786;
(34) benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, United States Code,
42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
Code, title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and Aleuts under United
States Code, title 50, sections 1989 to 1989d;
(38) payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239, section
10405, paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;
(40) security and utility deposit refunds;
(41) American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
under United States Code, title 25, chapter 9, section 331, and chapter 16, section
(42) all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living with parents
stepparents on MFIP with other children;
(43) income of the minor parent's parents and stepparents equal to 200 percent of
federal poverty guideline for a family size not including the minor parent and the
parent's child in households that include a minor parent living with parents or stepparents
not on MFIP when determining the grant for the minor parent. The remainder of income
deemed as specified in section
256J.37, subdivision 1b
(44) payments made to children eligible for relative custody assistance under section
(45) vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash;
(46) the principal portion of a contract for deed payment;
(47) cash payments to individuals enrolled for full-time service as a volunteer under
AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
National, and AmeriCorps NCCC;
(48) housing assistance grants under section
, 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
Sec. 42. Minnesota Statutes 2014, section 256J.24, subdivision 5a, is amended to read:
Subd. 5a. Food portion of MFIP transitional standard.
The commissioner shall
adjust the food portion of the MFIP transitional standard as needed to reflect adjustments
to the Supplemental Nutrition Assistance Program and maintain compliance with federal
29.11waivers related to the Supplemental Nutrition Assistance Program under the United
29.12Department of Agriculture
. The commissioner shall publish the transitional standard
including a breakdown of the cash and food portions for an assistance unit of sizes
ten in the State Register whenever an adjustment is made.
Sec. 43. Minnesota Statutes 2014, section 256J.33, subdivision 4, is amended to read:
Subd. 4. Monthly income test.
A county agency must apply the monthly income test
retrospectively for each month of MFIP eligibility. An assistance unit is not eligible
the countable income equals or exceeds the MFIP standard of need or the family wage
for the assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment, prior to mandatory payroll deductions,
voluntary payroll deductions, wage authorizations, and after the disregards in section
29.22256J.21, subdivision 4
, and the allocations in section
, unless the employment
income is specifically excluded under section
256J.21, subdivision 2
(2) gross earned income from self-employment less deductions for self-employment
expenses in section
256J.37, subdivision 5
, but prior to any reductions for personal or
business state and federal income taxes, personal FICA, personal health and life insurance,
and after the disregards in section
256J.21, subdivision 4
, and the allocations in section
(3) unearned income after deductions for allowable expenses in section
, and allocations in section
, unless the income has been specifically
excluded in section
256J.21, subdivision 2
(4) gross earned income from employment as determined under clause (1) which
is received by a member of an assistance unit who is a minor child or minor caregiver
and less than a half-time student;
(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);
spousal support received by an assistance unit;
the income of a parent when that parent is not included in the assistance unit;
the income of an eligible relative and spouse who seek to be included in
the assistance unit; and
the unearned income of a minor child included in the assistance unit.
Sec. 44. Minnesota Statutes 2014, section 256K.45, subdivision 1a, is amended to read:
Subd. 1a. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of human services.
(c) "Homeless youth" means a person
years of age or younger who is
unaccompanied by a parent or guardian and is without shelter where appropriate care
supervision are available, whose parent or legal guardian is unable or unwilling to
shelter and care, or who lacks a fixed, regular, and adequate nighttime residence.
following are not fixed, regular, or adequate nighttime residences:
(1) a supervised publicly or privately operated shelter designed to provide temporary
(2) an institution or a publicly or privately operated shelter designed to provide
temporary living accommodations;
(3) transitional housing;
(4) a temporary placement with a peer, friend, or family member that has not offered
permanent residence, a residential lease, or temporary lodging for more than 30 days;
(5) a public or private place not designed for, nor ordinarily used as, a regular
sleeping accommodation for human beings.
Homeless youth does not include persons incarcerated or otherwise detained under
federal or state law.
(d) "Youth at risk of homelessness" means a person
years of age or younger
whose status or circumstances indicate a significant danger of experiencing homelessness
in the near future. Status or circumstances that indicate a significant danger may
(1) youth exiting out-of-home placements; (2) youth who previously were homeless;
youth whose parents or primary caregivers are or were previously homeless; (4) youth
who are exposed to abuse and neglect in their homes; (5) youth who experience conflict
with parents due to chemical or alcohol dependency, mental health disabilities, or
disabilities; and (6) runaways.
(e) "Runaway" means an unmarried child under the age of 18 years who is absent
from the home of a parent or guardian or other lawful placement without the consent
the parent, guardian, or lawful custodian.
Sec. 45. Minnesota Statutes 2014, section 256K.45, subdivision 6, is amended to read:
Subd. 6. Funding.
Funds appropriated for this section may be expended on
programs described under subdivisions 3 to 5, technical assistance, and capacity building
to 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
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
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
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
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
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
31.29 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
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
32.8The standard requires that each initial face-to-face contact occur consistent with
32.9defined in section 626.556, subdivision 10, paragraph (i). The commissioner shall
32.10threshold determinations in January of each year and payments to counties meeting
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,
32.17total number of visits made by caseworkers on a monthly basis to children in foster
32.18and children receiving child protection services while residing in their home must
32.19least 90 percent of the total number of such visits that would occur if every child
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
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.
Sec. 47. Minnesota Statutes 2014, section 256N.22, subdivision 9, is amended to read:
Subd. 9. Death or incapacity of relative custodian or
The Northstar kinship assistance agreement ends upon death or
33.1incapacity of the relative custodian or modification
of the order for
permanent legal and
of both relative custodians in the case of assignment of custody to two
33.3 individuals, or the sole relative custodian in the case of assignment of custody to
33.4 individual 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
eligibility may be continued according to subdivision 10.
Sec. 48. Minnesota Statutes 2014, section 256N.22, subdivision 10, is amended to read:
Subd. 10. Assigning a successor relative custodian for a child's Northstar
to a court-appointed guardian or custodian.
33.10 assistance 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
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
33.15parent, biological parent or stepparent, or other adult living in the home of the
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
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
33.29section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all
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
33.33benefit agreement when the commissioner gives written consent to
an individual who is a
guardian or custodian appointed by a court for the child upon the death of both relative
custodians in the case of assignment of custody to two individuals, or the sole relative
custodian in the case of assignment of custody to one individual, unless the child
the custody of a county, tribal, or child-placing agency.
Temporary assignment of Northstar kinship assistance may be approved
for a maximum of six consecutive months from the death or incapacity
of the relative
custodian or custodians as provided in paragraph (a) and must adhere to the policies
procedures, requirements, and deadlines under section 256N.28, subdivision 2, that are
prescribed by the commissioner. If a court has not appointed a permanent legal guardian
or custodian within six months, the Northstar kinship assistance must terminate and
not be resumed.
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.
Sec. 49. Minnesota Statutes 2014, section 256N.24, subdivision 4, is amended to read:
Subd. 4. Extraordinary levels.
(a) The assessment tool established under
subdivision 2 must provide a mechanism through which up to five levels can be added
to the supplemental difficulty of care for a particular child under section
subdivision 4. In establishing the assessment tool, the commissioner must design the
so that the levels applicable to the portions of the assessment other than the extraordinary
levels can accommodate the requirements of this subdivision.
(b) These extraordinary levels are available when all of the following circumstances
(1) the child has extraordinary needs as determined by the assessment tool provided
for under subdivision 2, and the child meets other requirements established by the
commissioner, such as a minimum score on the assessment tool;
(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described
supplemental difficulty of care rate, section
256N.02, subdivision 21
. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for
home and community, and prevents residential placement;
(3) the child is physically living in a foster family setting, as defined in Minnesota
Rules, part 2960.3010, subpart 23, in a foster residence setting,
or physically living in the
home with the adoptive parent or relative custodian; and
(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children
disabilities or other medical and behavioral conditions to live with the child's family,
the agency with caregiver's input has identified a specific support gap that cannot
through home and community support waivers or other programs that are designed to
provide support for children with special needs.
(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:
(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;
(2) a summary of the extraordinary care and intense supervision that is provided by
the caregiver as part of the parental duties as described in the supplemental difficulty
care rate, section
256N.02, subdivision 21
(3) confirmation that the child is currently physically residing in the foster family
setting or in the home with the adoptive parent or relative custodian;
(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by
caregiver for the care and supervision of the child. This would include documentation
the services provided for the child's needs or disabilities, and the services that
or not available from the local social service agency, community agency, the local
district, local public health department, the parent, or child's medical insurance
(5) the specific support gap identified that places the child's safety and well-being
risk in the home or community and is necessary to prevent residential placement; and
(6) the extraordinary care and intense supervision provided by the foster, adoptive,
or guardianship caregivers to maintain the child safely in the child's home and prevent
residential placement that cannot be supported by medical assistance or other programs
that provide services, necessary care for children with disabilities, or other medical
behavioral conditions in the home or community.
(d) An agency completing an assessment under subdivision 2 that suggests
an extraordinary level is appropriate must forward the assessment and required
documentation to the commissioner. If the commissioner approves, the extraordinary
levels must be retroactive to the date the assessment was forwarded.
Sec. 50. Minnesota Statutes 2014, section 256N.25, subdivision 1, is amended to read:
Subdivision 1. Agreement; Northstar kinship assistance; adoption assistance.
In order to receive Northstar kinship assistance or adoption assistance benefits on
of an eligible child, a written, binding agreement between the caregiver or caregivers,
the financially responsible agency, or, if there is no financially responsible agency,
agency designated by the commissioner, and the commissioner must be established prior
to finalization of the adoption or a transfer of permanent legal and physical custody.
agreement must be negotiated with the caregiver or caregivers under subdivision 2 and
36.2renegotiated under subdivision 3, if applicable
(b) The agreement must be on a form approved by the commissioner and must
specify the following:
(1) duration of the agreement;
(2) the nature and amount of any payment, services, and assistance to be provided
under such agreement;
(3) the child's eligibility for Medicaid services;
(4) the terms of the payment, including any child care portion as specified in section
36.10256N.24, subdivision 3
(5) eligibility for reimbursement of nonrecurring expenses associated with adopting
or obtaining permanent legal and physical custody of the child, to the extent that
total cost does not exceed $2,000 per child;
(6) that the agreement must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents at any given time;
(7) provisions for modification of the terms of the agreement, including renegotiation
of the agreement;
(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
(c) The caregivers, the commissioner, and the financially responsible agency, or,
there is no financially responsible agency, the agency designated by the commissioner,
sign the agreement. A copy of the signed agreement must be given to each party. Once
signed by all parties, the commissioner shall maintain the official record of the
(d) The effective date of the Northstar kinship assistance agreement must be the date
of the court order that transfers permanent legal and physical custody to the relative.
effective date of the adoption assistance agreement is the date of the finalized adoption
(e) Termination or disruption of the preadoptive placement or the foster care
placement prior to assignment of custody makes the agreement with that caregiver void.
Sec. 51. Minnesota Statutes 2014, section 256N.27, subdivision 2, is amended to read:
Subd. 2. State share.
The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care foster care program under section
260C.4411, subdivision 1
, the relative custody
assistance program under section
, and the pre-Northstar Care for Children adoption
assistance program under chapter 259A.
The commissioner may transfer funds into the
37.3 account if a deficit occurs.
Sec. 52. Minnesota Statutes 2014, section 257.75, subdivision 3, is amended to read:
Subd. 3. Effect of recognition. (a)
Subject to subdivision 2 and section
, paragraph (g) or (h), the recognition has the force and effect of a judgment or
order determining the existence of the parent and child relationship under section
the conditions in section
257.55, subdivision 1
, paragraph (g) or (h), exist, the recognition
creates only a presumption of paternity for purposes of sections
. Once a
recognition has been properly executed and filed with the state registrar of vital
if there are no competing presumptions of paternity, a judicial or administrative
not allow further action to determine parentage regarding the signator of the recognition.
An action to determine custody and parenting time may be commenced pursuant to
chapter 518 without an adjudication of parentage. Until
an a temporary or permanent
order 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.
The recognition is:
(1) a basis for bringing an action for the following:
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
establishing a child support obligation which may include up to the two years
immediately preceding the commencement of the action
ordering a contribution by a parent under section
ordering a contribution to the reasonable expenses of the mother's pregnancy and
confinement, as provided under section
257.66, subdivision 3
ordering reimbursement for the costs of blood or genetic testing, as provided
257.69, subdivision 2
(2) determinative for all other purposes related to the existence of the parent and
child relationship; and
(3) entitled to full faith and credit in other jurisdictions.
37.33EFFECTIVE DATE.This section is effective March 1, 2016.
Sec. 53. Minnesota Statutes 2014, section 257.75, subdivision 5, is amended to read:
Subd. 5. Recognition form. (a)
The commissioner of human services shall prepare
a form for the recognition of parentage under this section. In preparing the form,
commissioner shall consult with the individuals specified in subdivision 6. The recognition
form must be drafted so that the force and effect of the recognition, the alternatives
executing a recognition,
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
38.8 regarding the finality of a recognition and the revocation procedure under subdivision
38.9 2. The form must include a provision for each parent to verify that the parent has
38.10 or viewed the educational materials prepared by the commissioner of human services
38.11 describing the recognition of paternity. The individual providing the form to the
38.12 for execution shall provide oral notice of the rights, responsibilities, and alternatives
38.13 executing the recognition. Notice may be provided by audiotape, videotape, or similar
38.14 means. 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
38.19to legal custody, physical custody, or parenting time until such rights are awarded
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
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.
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.
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.
Subdivision 1. General information.
(a) Subject to the procedures required by
the commissioner and the provisions of this section, a Minnesota county
or tribal social
39.11 services agency
shall receive a reimbursement from the commissioner equal to 100 percent
of the reasonable and appropriate cost for contracted adoption placement services
for a specific child that are not reimbursed under other federal or state funding
(b) The commissioner may spend up to $16,000 for each purchase of service
contract. Only one contract per child per adoptive placement is permitted. Funds
encumbered and obligated under the contract for the child remain available until the
of the contract are fulfilled or the contract is terminated.
(c) The commissioner shall set aside an amount not to exceed five percent of the
total amount of the fiscal year appropriation from the state for the adoption assistance
program to reimburse a Minnesota county or tribal social services
for child-specific adoption placement services. When adoption assistance payments
children's needs exceed 95 percent of the total amount of the fiscal year appropriation
the state for the adoption assistance program, the amount of reimbursement available
placing agencies for adoption services is reduced correspondingly.
Subd. 2. Purchase of service contract child eligibility criteria.
(a) A child who is
the subject of a purchase of service contract must:
(1) have the goal of adoption, which may include an adoption in accordance with
(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section
260.755, subdivision 20
(3) meet all of the special needs criteria according to section
259A.10, subdivision 2
(b) A child under the guardianship of the commissioner must have an identified
adoptive parent and a fully executed adoption placement agreement according to section
39.34260C.613, subdivision 1
, paragraph (a).
Subd. 3. Agency eligibility criteria.
(a) A Minnesota county
services agency shall receive reimbursement for child-specific adoption placement
services for an eligible child that it purchases from a private adoption agency licensed
Minnesota or any other state or tribal social services agency.
(b) Reimbursement for adoption services is available only for services provided
prior to the date of the adoption decree.
Subd. 4. Application and eligibility determination.
(a) A county
services agency may request reimbursement of costs for adoption placement services
submitting a complete purchase of service application, according to the requirements
procedures and on forms prescribed by the commissioner.
(b) The commissioner shall determine eligibility for reimbursement of adoption
placement services. If determined eligible, the commissioner of human services shall
sign the purchase of service agreement, making this a fully executed contract. No
reimbursement under this section shall be made to an agency for services provided
the fully executed contract.
(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is
permitted. For siblings who are placed together, services shall be planned and provided
best maximize efficiency of the contracted hours.
Subd. 5. Reimbursement process.
(a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed.
(b) The commissioner shall make the final determination whether or not the
requested reimbursement costs are reasonable and appropriate and if the services have
been completed according to the terms of the purchase of service agreement.
Subd. 6. Retention of purchase of service records.
Agencies entering into
purchase of service contracts shall keep a copy of the agreements, service records,
applicable billing and invoicing according to the department's record retention schedule.
Agency 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.
Sec. 55. Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:
Subd. 27. Relative.
"Relative" means a person related to the child by blood,
marriage, or adoption
,; the legal parent, guardian, or custodian of the child's siblings;
individual who is an important friend with whom the child has resided or had significant
contact. For an Indian child, relative includes members of the extended family as
by the law or custom of the Indian child's tribe or, in the absence of law or custom,
nephews, or first or second cousins, as provided in the Indian Child Welfare Act of
United States Code, title 25, section 1903.
Sec. 56. Minnesota Statutes 2014, section 260C.007, subdivision 32, is amended to read:
Subd. 32. Sibling.
"Sibling" means one of two or more individuals who have one or
both parents in common through blood, marriage, or adoption
, including. This includes
siblings 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
41.14or both parents, suspension of parental rights under tribal code, or other disruption
41.15parental rights such as the death of a parent.
Sec. 57. Minnesota Statutes 2014, section 260C.203, is amended to read:
41.17260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.
(a) Unless the court is conducting the reviews required under section
there shall be an administrative review of the out-of-home placement plan of each
placed in foster care no later than 180 days after the initial placement of the child
care and at least every six months thereafter if the child is not returned to the
home of the
parent or parents within that time. The out-of-home placement plan must be monitored
updated at each administrative review. The administrative review shall be conducted
the responsible social services agency using a panel of appropriate persons at least
whom is not responsible for the case management of, or the delivery of services to,
the child or the parents who are the subject of the review. The administrative review
be open to participation by the parent or guardian of the child and the child, as
(b) As an alternative to the administrative review required in paragraph (a), the
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section
, subdivision 6, paragraph
(d). The party requesting review of the out-of-home placement plan shall give parties
the proceeding notice of the request to review and update the out-of-home placement
plan. A court review conducted pursuant to section
260C.141, subdivision 2
, subdivision 1;
shall satisfy the
requirement for the review so long as the other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) the extent of progress that has been made toward alleviating or mitigating the
causes necessitating placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained
the home or placed permanently away from the care of the parent or parents or guardian;
(6) the appropriateness of the services provided to the child.
(d) When a child is age
or older, in addition to any administrative review
conducted by the agency, at the in-court review required under section
subdivision 3, clause (3), or
260C.515, subdivision 5
or 6, the court shall review the
independent living plan required under section
, subdivision 1, paragraph (c),
, and the provision of services to the child related to the well-being of
the child as the child prepares to leave foster care. The review shall include the
plans related to each item in the plan necessary to the child's future safety and
when the child is no longer in foster care.
(e) At the court review required under paragraph (d) for a child age
the following procedures apply:
(1) six months before the child is expected to be discharged from foster care, the
responsible social services agency shall give the written notice required under section
, subdivision 1, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of social
. The agency shall file a copy of the notice, including the right to
appeal a denial of social services, with the court. If the agency does not file the
the time the child is age 17-1/2, the court shall require the agency to give it;
(2) consistent with the requirements of the independent living plan, the court shall
review progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid
which the child is eligible;
(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and
(ix) the child has an alternative affordable housing plan, which does not include
homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult; and
(3) the court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to
child's leaving foster care: a Social Security card; the child's birth certificate;
identification card or driver's license, tribal enrollment identification card,
green card, or
school visa; the child's school, medical, and dental records; a contact list of the
medical, dental, and mental health providers; and contact information for the child's
siblings, if the siblings are in foster care.
(f) For a child who will be discharged from foster care at age 18 or older, the
responsible social services agency is required to develop a personalized transition
directed by the youth. The transition plan must be developed during the 90-day period
immediately prior to the expected date of discharge. The transition plan must be as
detailed as the child may elect and include specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and work
supports and employment services. The agency shall ensure that the youth receives,
no cost to the youth, a copy of the youth's consumer credit report as defined in section
and assistance in interpreting and resolving any inaccuracies in the report. The
plan must include information on the importance of designating another individual
make health care treatment decisions on behalf of the child if the child becomes unable
to participate in these decisions and the child does not have, or does not want, a
who would otherwise be authorized to make these decisions. The plan must provide the
child with the option to execute a health care directive as provided under chapter
The agency shall also provide the youth with appropriate contact information if the
needs more information or needs help dealing with a crisis situation through age 21.
Sec. 58. Minnesota Statutes 2014, section 260C.212, subdivision 1, is amended to read:
Subdivision 1. Out-of-home placement; plan.
(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court
order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section
or chapter 260D.
(b) An out-of-home placement plan means a written document which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe,
child is an Indian child, the child's foster parent or representative of the foster
and, 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.
a child in voluntary foster care for treatment under chapter 260D, preparation of
out-of-home placement plan shall additionally include the child's mental health treatment
provider. As appropriate, the plan shall be:
(1) submitted to the court for approval under section
, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section
, subdivision 7, or
, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian
litem, a representative of the child's tribe, the responsible social services agency,
possible, the child.
(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in
least restrictive, most family-like, setting available which is in close proximity
to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the
according to the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home
parent or parents which necessitated removal of the child from home and the changes
parent or parents must make in order for the child to safely return home;
(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period
which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child,
child, and the residential facility during the period the child is in the residential
(4) a description of any services or resources that were requested by the child or
child's parent, guardian, foster parent, or custodian since the date of the child's
in the residential facility, and whether those services or resources were provided
not, the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as
, subdivision 27, and siblings of the child if the siblings are not placed
together in foster care, and whether visitation is consistent with the best interest
child, during the period the child is in foster care;
(6) when a child cannot return to or be in the care of either parent, documentation
of steps to finalize adoption as
the permanency plan for the child
, including: (i) through
reasonable efforts to place the child for adoption. At a minimum, the documentation
include consideration of whether adoption is in the best interests of the child, child-specific
recruitment efforts such as relative search and the use of state, regional, and national
adoption exchanges to facilitate orderly and timely placements in and outside of the
A copy of this documentation shall be provided to the court in the review required
, subdivision 3, paragraph (b);
45.26 (ii) documentation necessary to support the requirements of the kinship placement
45.27 agreement under section
256N.22 when adoption is determined not to be in the child's
45.28 best 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
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
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
45.35the eligibility requirements for Northstar kinship assistance payments; agency efforts
45.36discuss adoption with the child's relative foster parent and reasons why the relative
46.1parent chose not to pursue adoption, if applicable; and agency efforts to discuss
46.2child's parent or parents the permanent transfer of permanent legal and physical custody
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:
(i) efforts to ensure that the child remains in the same school in which the child
enrolled prior to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the child's
educational stability; or
(ii) if it is not in the child's best interest to remain in the same school that the
was enrolled in prior to placement or move from one placement to another, efforts
ensure immediate and appropriate enrollment for the child in a new school;
the educational records of the child including the most recent information
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
the efforts by the local agency to ensure the oversight and continuity of
health care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section
2, will be monitored and treated while the child is in foster care;
(iii) how the child's medical information will be updated and shared, including
the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child
determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;
the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable
diseases as defined in section
, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;
an independent living plan for a child age
or older. The plan should
include, but not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining
(iv) money management, including the responsibility of the agency to ensure that
the youth annually receives, at no cost to the youth, a consumer report as defined
and assistance in interpreting and resolving any inaccuracies in the report;
(v) planning for housing;
(vi) social and recreational skills;
(vii) establishing and maintaining connections with the child's family 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
47.23capacities of the individual child; and
for a child in voluntary foster care for treatment under chapter 260D,
diagnostic and assessment information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian.
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.
After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the
and shall be provided a copy of the plan.
Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided
a current copy of the child's health and education record.
Sec. 59. Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision 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
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
48.15close the social services case until diligent efforts have been exhausted to locate
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
48.21(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
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
48.29responsibility for placement, care, or supervision when the local social services
48.30has reasonable cause to believe the child is, or is at risk of being, a sex trafficking
Sec. 60. Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision 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
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
49.5extracurricular, social, or cultural activities that are typical for the child's age
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.
Sec. 61. Minnesota Statutes 2014, section 260C.221, is amended to read:
49.10260C.221 RELATIVE SEARCH.
(a) The responsible social services agency shall exercise due diligence to identify
and notify adult relatives prior to placement or within 30 days after the child's
from the parent. The county agency shall consider placement with a relative under
section without delay and whenever the child must move from or be returned to foster
care. The relative search required by this section shall be comprehensive in scope.
finding that the agency has made reasonable efforts to conduct the relative search
this paragraph, the agency has the continuing responsibility to appropriately involve
relatives, who have responded to the notice required under this paragraph, in planning
for the child and to continue to consider relatives according to the requirements
260C.212, subdivision 2
. At any time during the course of juvenile protection
proceedings, the court may order the agency to reopen its search for relatives when
it is in
the child's best interest to do so.
The relative search required by this section shall include both maternal
and 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
49.26parents, subject to the exceptions due to family violence in paragraph (c)
. The search shall
also include getting information from the child in an age-appropriate manner about
the child considers to be family members and important friends with whom the child
resided or had significant contact. The relative search required under this section
fulfill the agency's duties under the Indian Child Welfare Act regarding active efforts
to prevent the breakup of the Indian family under United States Code, title 25, section
1912(d), and to meet placement preferences under United States Code, title 25, section
1915. The relatives must be notified:
(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement
(2) of their responsibility to keep the responsible social services agency and the
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress
hearing under section 260C.204. A relative who fails to provide a current address
responsible social services agency and the court forfeits the right to receive notice
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204. A decision by a relative not to be identified as a potential permanent
placement resource or participate in planning for the child at the beginning of the
shall not affect whether the relative is considered for placement of the child with
(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the
sent under this subdivision. "Participate in the care and planning" includes, but
limited to, participation in case planning for the parent and child, identifying the
and needs of the parent and child, supervising visits, providing respite and vacation
for the child, providing transportation to appointments, suggesting other relatives
might be able to help support the case plan, and to the extent possible, helping to
the child's familiar and regular activities and contact with friends and relatives;
(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present
safety or health risk to the child in the home under section
and supports that are
available for relatives and children who reside in a family foster home; and
(5) of the relatives' right to ask to be notified of any court proceedings regarding
the child, to attend the hearings, and of a relative's right or opportunity to be
heard by the
court as required under section
260C.152, subdivision 5
A responsible social services agency may disclose private data, as defined
, to relatives of the child for the purpose of locating and
assessing a suitable placement and may use any reasonable means of identifying and
locating relatives including the Internet or other electronic means of conducting
The agency shall disclose data that is necessary to facilitate possible placement
relatives and to ensure that the relative is informed of the needs of the child so
relative can participate in planning for the child and be supportive of services to
and family. If the child's parent refuses to give the responsible social services
information sufficient to identify the maternal and paternal relatives of the child,
agency shall ask the juvenile court to order the parent to provide the necessary information.
If a parent makes an explicit request that a specific relative not be contacted or
for placement due to safety reasons including past family or domestic violence, the
shall bring the parent's request to the attention of the court to determine whether
parent's request is consistent with the best interests of the child and the agency
contact the specific relative when the juvenile court finds that contacting the specific
relative would endanger the parent, guardian, child, sibling, or any family member.
At a regularly scheduled hearing not later than three months after the child's
placement in foster care and as required in section
, the agency shall report to
(1) its efforts to identify maternal and paternal relatives of the child and to engage
the relatives in providing support for the child and family, and document that the
have been provided the notice required under paragraph (a); and
(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
order to support family connections for the child, when placement with a relative
possible or appropriate.
Notwithstanding chapter 13, the agency shall disclose data about particular
relatives identified, searched for, and contacted for the purposes of the court's
the agency's due diligence.
When the court is satisfied that the agency has exercised due diligence to
identify relatives and provide the notice required in paragraph (a), the court may
reasonable efforts have been made to conduct a relative search to identify and provide
notice to adult relatives as required under section
, paragraph (e), clause (3). If the
court is not satisfied that the agency has exercised due diligence to identify relatives
provide the notice required in paragraph (a), the court may order the agency to continue
search and notice efforts and to report back to the court.
When the placing agency determines that permanent placement proceedings
are necessary because there is a likelihood that the child will not return to a parent's
care, the agency must send the notice provided in paragraph
, may ask the court to
modify the duty of the agency to send the notice required in paragraph
, or may
ask the court to completely relieve the agency of the requirements of paragraph
The relative notification requirements of paragraph
do not apply when the child is
placed with an appropriate relative or a foster home that has committed to adopting
child or taking permanent legal and physical custody of the child and the agency approves
of that foster home for permanent placement of the child. The actions ordered by the
court under this section must be consistent with the best interests, safety, permanency,
and welfare of the child.
Unless required under the Indian Child Welfare Act or relieved of this duty
by the court under paragraph
, when the agency determines that it is necessary to
prepare for permanent placement determination proceedings, or in anticipation of filing
termination of parental rights petition, the agency shall send notice to the relatives,
adult with whom the child is currently residing, any adult with whom the child has
for one year or longer in the past, and any adults who have maintained a relationship
exercised visitation with the child as identified in the agency case plan. The notice
state that a permanent home is sought for the child and that the individuals receiving
notice may indicate to the agency their interest in providing a permanent home. The
must state that within 30 days of receipt of the notice an individual receiving the
indicate to the agency the individual's interest in providing a permanent home for
or that the individual may lose the opportunity to be considered for a permanent placement.
Sec. 62. Minnesota Statutes 2014, section 260C.331, subdivision 1, is amended to read:
Subdivision 1. Care, examination, or treatment.
(a) Except where parental rights
(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,
(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency,
(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the
examination, or treatment of the child, these costs are a charge upon the welfare
the county in which proceedings are held upon certification of the judge of juvenile
(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, Supplemental Security Income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to
care, examination, or treatment, the court shall order, and the responsible social
agency shall require, reimbursement from the child for the cost of care, examination,
treatment from the income and resources attributable to the child less the clothing
personal needs allowance. Income does not include earnings from a child over the age
18 who is working as part of a plan under section
260C.212, subdivision 1
, paragraph (c),
, to transition from foster care, or the income and resources from sources
other than Supplemental Security Income and child support that are needed to complete
the requirements listed in section
(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall
into the ability of the parents to support the child and, after giving the parents
opportunity to be heard, the court shall order, and the responsible social services
shall require, the parents to contribute to the cost of care, examination, or treatment
the child. When determining the amount to be contributed by the parents, the court
use a fee schedule based upon ability to pay that is established by the responsible
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.
(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld
chapter 518A from the income of the parents or the custodian of the child. A parent
custodian who fails to pay without good reason may be proceeded against for contempt,
the court may inform the county attorney, who shall proceed to collect the unpaid
or both procedures may be used.
(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of
medically necessary services.
(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of
child is not required to use income and resources attributable to the child to reimburse
the county for costs of care and is not required to contribute to the cost of care
child during any period of time when the child is returned to the home of that parent,
custodian, or guardian pursuant to a trial home visit under section
, paragraph (a).
Sec. 63. Minnesota Statutes 2014, section 260C.451, subdivision 2, is amended to read:
Subd. 2. Independent living plan.
Upon the request of any child in foster care
immediately prior to the child's 18th birthday and who is in foster care at the time
of the request, the responsible social services agency shall, in conjunction with
child and other appropriate parties, update the independent living plan required under
, subdivision 1, paragraph (c), clause
, related to the child's
employment, vocational, educational, social, or maturational needs. The agency shall
provide continued services and foster care for the child including those services
necessary to implement the independent living plan.
Sec. 64. Minnesota Statutes 2014, section 260C.451, subdivision 6, is amended to read:
Subd. 6. Reentering foster care and accessing services after age 18.
Upon request of an individual between the ages of 18 and 21 who had been under the
guardianship of the commissioner and who has left foster care without being adopted,
responsible social services agency which had been the commissioner's agent for purposes
of the guardianship shall develop with the individual a plan to increase the individual's
ability to live safely and independently using the plan requirements of section
, and to assist the individual to meet
one or more of the eligibility criteria in subdivision 4 if the individual wants to
foster care. The agency shall provide foster care as required to implement the plan.
agency shall enter into a voluntary placement agreement under section
individual if the plan includes foster care.
(b) Individuals who had not been under the guardianship of the commissioner of
human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
foster care after age 18 and, to the extent funds are available, the responsible social
services agency that had responsibility for planning for the individual before discharge
from foster care may provide foster care or other services to the individual for the
of increasing the individual's ability to live safely and independently and to meet
eligibility criteria in subdivision 3a, if the individual:
(1) was in foster care for the six consecutive months prior to the person's 18th
birthday and was not discharged home, adopted, or received into a relative's home
transfer of permanent legal and physical custody under section
260C.515, subdivision 4
(2) was discharged from foster care while on runaway status after age 15.
(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a
plan related to that individual's vocational, educational, social, or maturational
and, to the extent funds are available, provide foster care as required to implement
plan. The agency shall enter into a voluntary placement agreement with the individual
if the plan includes foster care.
(d) Youth who left foster care while under guardianship of the commissioner of
human services retain eligibility for foster care for placement at any time between
ages of 18 and 21.
Sec. 65. Minnesota Statutes 2014, section 260C.515, subdivision 5, is amended to read:
Subd. 5. Permanent custody to agency.
The court may order permanent custody to
the responsible social services agency for continued placement of the child in foster
but only if it approves the responsible social services agency's compelling reasons
other permanency disposition order is in the child's best interests and:
(1) the child has reached age
12 16 and has been asked about the child's desired
(2) the child is a sibling of a child described in clause (1) and the siblings have
55.18 significant 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
and place the child with an adoptive family or a fit and willing relative who would
agree to adopt the child or to a transfer of permanent legal and physical custody
child, but these efforts have not proven successful; and
the parent will continue to have visitation or contact with the child and will
remain involved in planning for the child.
Sec. 66. Minnesota Statutes 2014, section 260C.521, subdivision 1, is amended to read:
Subdivision 1. Child in permanent custody of responsible social services agency.
(a) Court reviews of an order for permanent custody to the responsible social services
agency for placement of the child in foster care must be conducted at least yearly
in-court appearance hearing.
(b) The purpose of the review hearing is to ensure:
(1) the order for permanent custody to the responsible social services agency for
placement of the child in foster care continues to be in the best interests of the
that no other permanency disposition order is in the best interests of the child;
(2) that the agency is assisting the child to build connections to the child's family
and community; and
(3) that the agency is appropriately planning with the child for development of
independent living skills for the child and, as appropriate, for the orderly and successful
transition to independent living that may occur if the child continues in foster care
another permanency disposition order.
(c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the agency to finalize an alternative permanent plan for the child including
agency's efforts to:
(1) ensure that permanent custody to the agency with placement of the child in
foster care continues to be the most appropriate legal arrangement for meeting the
need for permanency and stability or, if not, to identify and attempt to finalize
permanency disposition order under this chapter that would better serve the child's
and best interests;
(2) identify a specific foster home for the child, if one has not already been identified;
(3) support continued placement of the child in the identified home, if one has been
(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of foster care and also
appropriate services or assistance to maintain relationships with appropriate family
members and the child's community; and
(5) plan for the child's independence upon the child's leaving foster care living
required under section
260C.212, subdivision 1
(d) The court may find that the agency has made reasonable efforts to finalize the
permanent plan for the child when:
(1) the agency has made reasonable efforts to identify a more legally permanent
home for the child than is provided by an order for permanent custody to the agency
for placement in foster care;
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
reasonable and appropriate.
Sec. 67. Minnesota Statutes 2014, section 260C.521, subdivision 2, is amended to read:
Subd. 2. Modifying order for permanent legal and physical custody to a
An order for a relative to have permanent legal and physical custody of a
child may be modified using standards under sections
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
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
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.
The social services agency is a party to the proceeding and must receive notice.
Sec. 68. Minnesota Statutes 2014, section 260C.607, subdivision 4, is amended to read:
Subd. 4. Content of review.
(a) The court shall review:
(1) the agency's reasonable efforts under section
to finalize an adoption
for the child as appropriate to the stage of the case; and
(2) the child's current out-of-home placement plan required under section
subdivision 1, to ensure the child is receiving all services and supports required
the child's needs as they relate to the child's:
(ii) visitation and contact with siblings;
(iii) visitation and contact with relatives;
(iv) medical, mental, and dental health; and
(b) When the child is age
and older, and as long as the child continues in foster
care, the court shall also review the agency's planning for the child's independent
after leaving foster care including how the agency is meeting the requirements of
57.26260C.212, subdivision 1
, paragraph (c), clause
. The court shall use the review
requirements of section
in any review conducted under this paragraph.
Sec. 69. Minnesota Statutes 2014, section 518A.26, subdivision 14, is amended to read:
Subd. 14. Obligor.
"Obligor" means a person obligated to pay maintenance or
A person who has primary physical custody of a child is presumed not to be
57.31 an obligor for purposes of a child support order under section
518A.34 , unless section
57.32 518A.36 , subdivision 3, applies or the court makes specific written findings to overcome
57.33 this presumption.
For purposes of ordering medical support under section
parent who has primary physical custody of a child may be an obligor subject to a
agreement under section
58.3EFFECTIVE DATE.This section is effective March 1, 2016.
Sec. 70. Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:
Subd. 2. Methods.
Determination of potential income must be made according
to one of three methods, as appropriate:
(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities
earnings levels in the community;
(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
(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.
Sec. 71. Minnesota Statutes 2014, section 518A.39, subdivision 1, is amended to read:
Subdivision 1. Authority.
After an order under this chapter or chapter 518 for
maintenance or support money, temporary or permanent, or for the appointment of trustees
to receive property awarded as maintenance or support money, the court may from time
time, on motion of either of the parties, a copy of which is served on the public
responsible for child support enforcement if payments are made through it, or on motion
of the public authority responsible for support enforcement, modify the order respecting
the amount of maintenance or support money or medical support
, and the payment of it,
and also respecting the appropriation and payment of the principal and income of property
held in trust, and may make an order respecting these matters which it might have
in the original proceeding, except as herein otherwise provided. A party or the public
authority also may bring a motion for contempt of court if the obligor is in arrears
support or maintenance payments.
58.29EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 72. Minnesota Statutes 2014, section 518A.39, is amended by adding a
subdivision 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
59.4established or modified in its entirety within three years from the date of the motion,
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
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
59.17which the petitioning party has pending a motion for modification, but only from the
59.18of service of notice of the motion on the responding party and on the public authority
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
59.27EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 73. Minnesota Statutes 2014, section 518A.41, subdivision 1, is amended to read:
Subdivision 1. Definitions.
The definitions in this subdivision apply to this chapter
and chapter 518.
(a) "Health care coverage" means medical, dental, or other health care benefits that
are provided by one or more health plans. Health care coverage does not include any
form of public coverage.
(b) "Health carrier" means a carrier as defined in sections
62L.02, subdivision 16
(c) "Health plan" means a plan, other than any form of public coverage, that provides
medical, dental, or other health care benefits and is:
(1) provided on an individual or group basis;
(2) provided by an employer or union;
(3) purchased in the private market; or
(4) available to a person eligible to carry insurance for the joint child, including
party's spouse or parent.
Health 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
dental or vision care under section
62A.011, subdivision 3
, clause (6), does not apply to
the definition of health plan under this section; a group health plan governed under
federal Employee Retirement Income Security Act of 1974 (ERISA); a self-insured plan
; and a policy, contract, or certificate issued
by a community-integrated service network licensed under chapter 62N.
(d) "Medical support" means providing health care coverage for a joint child by
carrying health care coverage for the joint child or by contributing to the cost of
care coverage, public coverage, unreimbursed medical expenses, and uninsured medical
expenses of the joint child.
(e) "National medical support notice" means an administrative notice issued by the
public authority to enforce health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in cases where the public
authority provides support enforcement services.
(f) "Public coverage" means health care benefits provided by any form of medical
assistance 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.
(g) "Uninsured medical expenses" means a joint child's reasonable and necessary
health-related expenses if the joint child is not covered by a health plan or public
when the expenses are incurred.
(h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary
health-related expenses if a joint child is covered by a health plan or public coverage
the plan or coverage does not pay for the total cost of the expenses when the expenses
are incurred. Unreimbursed medical expenses do not include the cost of premiums.
Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments,
and expenses for orthodontia, and prescription eyeglasses and contact lenses, but
over-the-counter medications if coverage is under a health plan.
Sec. 74. Minnesota Statutes 2014, section 518A.41, subdivision 3, is amended to read:
Subd. 3. Determining appropriate health care coverage.
In determining whether
a parent has appropriate health care coverage for the joint child, the court must
the following factors:
(1) comprehensiveness of health care coverage providing medical benefits.
Dependent health care coverage providing medical benefits is presumed comprehensive
it includes medical and hospital coverage and provides for preventive, emergency,
and 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
medical benefits that is presumed comprehensive under this paragraph, the court must
determine which parent's coverage is more comprehensive by considering what other
benefits are included in the coverage;
(2) accessibility. Dependent health care coverage is accessible if the covered joint
child can obtain services from a health plan provider with reasonable effort by the
with whom the joint child resides. Health care coverage is presumed accessible if:
(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's
(ii) the health care coverage is available through an employer and the employee can
be expected to remain employed for a reasonable amount of time; and
(iii) no preexisting conditions exist to unduly delay enrollment in health care
(3) the joint child's special medical needs, if any; and
(4) affordability. Dependent health care coverage is affordable if it is reasonable
in cost. If both parents have health care coverage available for a joint child that
comparable with regard to comprehensiveness of medical benefits, accessibility, and
joint child's special needs, the least costly health care coverage is presumed to
be the most
appropriate health care coverage for the joint child.
Sec. 75. Minnesota Statutes 2014, section 518A.41, subdivision 4, is amended to read:
Subd. 4. Ordering health care coverage.
(a) If a joint child is presently enrolled
in health care coverage, the court must order that the parent who currently has the
child enrolled continue that enrollment unless the parties agree otherwise or a party
requests a change in coverage and the court determines that other health care coverage
(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine
one or both parents have appropriate health care coverage providing medical benefits
for the joint child.
(c) If only one parent has appropriate health care coverage providing medical
benefits available, the court must order that parent to carry the coverage for the
(d) If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry
coverage for the joint child, unless:
(1) a party expresses a preference for health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;
(2) the parent with whom the joint child does not reside is already carrying
dependent health care coverage providing medical benefits for other children and the
of contributing to the premiums of the other parent's coverage would cause the parent
whom the joint child does not reside extreme hardship; or
(3) the parties agree as to which parent will carry health care coverage providing
medical benefits and agree on the allocation of costs.
(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
determine which parent has the most appropriate coverage providing medical benefits
available and order that parent to carry coverage for the joint child.
(f) If neither parent has appropriate health care coverage available, the court must
order the parents to:
(1) contribute toward the actual health care costs of the joint children based on
a pro rata share; or
(2) if the joint child is receiving any form of public coverage, the parent with whom
the joint child does not reside shall contribute a monthly amount toward the actual
public coverage. The amount of the noncustodial parent's contribution is determined
applying 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
parent's PICS meets the eligibility requirements for
public coverage MinnesotaCare
contribution is the amount the noncustodial parent would pay for the child's premium.
the noncustodial parent's PICS exceeds the eligibility requirements
for public coverage
contribution is the amount of the premium for the highest eligible income on the
schedule for public coverage scale for MinnesotaCare under section 256L.15,
62.33subdivision 2, paragraph (d)
. For purposes of determining the premium amount, the
noncustodial parent's household size is equal to one parent plus the child or children
are the subject of the child support order. The custodial parent's obligation is determined
under 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,
63.3noncustodial parent must not be ordered to contribute toward the cost of public coverage.
(g) If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for public coverage for the
(h) The commissioner of human services must publish a table with the premium
schedule for public coverage and update the chart for changes to the schedule by July
1 of each year.
(i) If a joint child is not presently enrolled in health care coverage providing dental
benefits, upon motion of a parent or the public authority, the court must determine
one or both parents have appropriate dental health care coverage for the joint child,
court may order a parent with appropriate dental health care coverage available to
the coverage for the joint child.
(j) If a joint child is not presently enrolled in available health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of
or the public authority, the court may determine whether that other health care coverage
for the joint child is appropriate, and the court may order a parent with that appropriate
health care coverage available to carry the coverage for the joint child.
63.19EFFECTIVE DATE.This section is effective August 1, 2015.
Sec. 76. Minnesota Statutes 2014, section 518A.41, subdivision 14, is amended to read:
Subd. 14. Child support enforcement services.
The public authority must take
necessary steps to establish
and enforce, enforce, and modify
an order for medical support
if the joint child receives public assistance or a party completes an application
from the public authority under section
63.25EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 77. Minnesota Statutes 2014, section 518A.41, subdivision 15, is amended to read:
Subd. 15. Enforcement.
(a) Remedies available for collecting and enforcing child
support apply to medical support.
(b) For the purpose of enforcement, the following are additional support:
(1) the costs of individual or group health or hospitalization coverage;
(2) dental coverage;
(3) medical costs ordered by the court to be paid by either party, including health
care coverage premiums paid by the obligee because of the obligor's failure to obtain
coverage as ordered; and
(4) liabilities established under this subdivision.
(c) A party who fails to carry court-ordered dependent health care coverage is liable
for the joint child's uninsured medical expenses unless a court order provides otherwise.
A party's failure to carry court-ordered coverage, or to provide other medical support
ordered, is a basis for modification of
8, unless it meets the presumption in section 518A.39, subdivision 2
(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.
64.14EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 78. Minnesota Statutes 2014, section 518A.43, is amended by adding a
subdivision 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
64.19who has between ten and 45 percent parenting time to pay basic support where such
64.20significant disparity of income exists between the parties that an order directing
64.21of basic support would be detrimental to the parties' joint child.
64.22EFFECTIVE DATE.This section is effective March 1, 2016.
Sec. 79. Minnesota Statutes 2014, section 518A.46, subdivision 3, is amended to read:
Subd. 3. Contents of pleadings.
(a) In cases involving establishment or
modification of a child support order, the initiating party shall include the following
information, if known, in the pleadings:
(1) names, addresses, and dates of birth of the parties;
(2) Social Security numbers of the parties and the minor children of the parties,
which information shall be considered private information and shall be available only
the parties, the court, and the public authority;
(3) other support obligations of the obligor;
(4) names and addresses of the parties' employers;
(5) gross income of the parties as calculated in section
(6) amounts and sources of any other earnings and income of the parties;
(7) health insurance coverage of parties;
(8) types and amounts of public assistance received by the parties, including
Minnesota family investment plan, child care assistance, medical assistance,
title IV-E foster care, or other form of assistance as defined in section
65.6256.741, subdivision 1
(9) any other information relevant to the computation of the child support obligation
(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file
court and serve on the parties the following information:
(1) information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;
(2) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;
(3) a statement of the types and amount of any public assistance, as defined in
256.741, subdivision 1
, received by the parties; and
(4) any other information relevant to the determination of support that is known to
the public authority and that has not been otherwise provided by the parties.
The information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child care
Sec. 80. Minnesota Statutes 2014, section 518A.46, is amended by adding a
subdivision 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
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
66.12days before the hearing on the motion to modify medical support.
66.13EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 81. Minnesota Statutes 2014, section 518A.51, is amended to read:
66.15518A.51 FEES FOR IV-D SERVICES.
(a) When a recipient of IV-D services is no longer receiving assistance under the
state's title IV-A, IV-E foster care, or
, or MinnesotaCare
public authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D services
continued unless the public authority is notified to the contrary by the recipient.
notice must include the implications of continuing to receive IV-D services, including
available services and fees, cost recovery fees, and distribution policies relating
(b) An application fee of $25 shall be paid by the person who applies for child
66.24 support and maintenance collection services, except persons who are receiving public
66.25 assistance as defined in section
256.741 and the diversionary work program under section
66.26 256J.95 , persons who transfer from public assistance to nonpublic assistance status, and
66.27 minor parents and parents enrolled in a public secondary school, area learning center,
66.28 alternative 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
program funded under title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose
annual federal collections fee of $25 for each case in which services are furnished.
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.
When the public authority provides full IV-D services to an obligee who
has applied for those services, upon written notice to the obligee, the public authority
must charge a cost recovery fee of two percent of the amount collected. This fee must
be deducted from the amount of the child support and maintenance collected and not
assigned under section
before disbursement to the obligee. This fee does not
apply to an obligee who:
(1) is currently receiving assistance under the state's title IV-A, IV-E foster care, or
, or MinnesotaCare
(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.
When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority
charge a cost recovery fee of two percent of the monthly court-ordered child support
maintenance obligation. The fee may be collected through income withholding, as well
as by any other enforcement remedy available to the public authority responsible for
child support enforcement.
Fees assessed by state and federal tax agencies for collection of overdue
support owed to or on behalf of a person not receiving public assistance must be imposed
on the person for whom these services are provided. The public authority upon written
notice to the obligee shall assess a fee of $25 to the person not receiving public
for each successful federal tax interception. The fee must be withheld prior to the
of the funds received from each interception and deposited in the general fund.
Federal collections fees collected under paragraph
and cost recovery
fees collected under paragraphs (c) and
retained by the commissioner of human
services shall be considered child support program income according to Code of Federal
Regulations, title 45, section 304.50, and shall be deposited in the special revenue
account established under paragraph
. The commissioner of human services must
elect to recover costs based on either actual or standardized costs.
The limitations of this section on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving funds for
programs under title IV-A and title IV-D of the Social Security Act, United States
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.
The commissioner of human services is authorized to establish a special
revenue fund account to receive the federal collections fees collected under paragraph
and cost recovery fees collected under paragraphs (c) and
The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:
(1) one-half of the revenue must be transferred to the child support system special
revenue account to support the state's administration of the child support enforcement
program and its federally mandated automated system;
(2) an additional portion of the revenue must be transferred to the child support
system special revenue account for expenditures necessary to administer the fees;
(3) the remaining portion of the revenue must be distributed to the counties to aid
counties in funding their child support enforcement programs.
The nonfederal share of the federal collections fees must be distributed to the
counties to aid them in funding their child support enforcement programs.
The commissioner of human services shall distribute quarterly any of the
funds dedicated to the counties under paragraphs (i) and
using the methodology
specified in section
256.979, subdivision 11
. The funds received by the counties must be
reinvested in the child support enforcement program and the counties must not reduce
funding 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.
Sec. 82. Minnesota Statutes 2014, section 518A.53, subdivision 1, is amended to read:
Subdivision 1. Definitions.
(a) For the purpose of this section, the following terms
have the meanings provided in this subdivision unless otherwise stated.
(b) "Payor of funds" means any person or entity that provides funds to an obligor,
including an employer as defined under chapter 24 of the Internal Revenue Code,
section 3401(d), an independent contractor, payor of worker's compensation benefits
unemployment benefits, or a financial institution as defined in section
(c) "Business day" means a day on which state offices are open for regular business.
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.
Sec. 83. Minnesota Statutes 2014, section 518A.53, subdivision 4, is amended to read:
Subd. 4. Collection services.
(a) The commissioner of human services shall prepare
and make available to the courts a notice of services that explains child support
maintenance collection services available through the public authority, including
withholding, and the fees for such services. Upon receiving a petition for dissolution
marriage or legal separation, the court administrator shall promptly send the notice
services to the petitioner and respondent at the addresses stated in the petition.
(b) Either the obligee or obligor may at any time apply to the public authority for
either full IV-D services or for income withholding only services.
(c) For those persons applying for income withholding only services, a monthly
service fee of $15 must be charged to the obligor. This fee is in addition to the
the support order and shall be withheld through income withholding. The public authority
shall explain the service options in this section to the affected parties and encourage
application for full child support collection services.
(d) If the obligee is not a current recipient of public assistance as defined in section
, the person who applied for services may at any time choose to terminate either
full IV-D services or income withholding only services regardless of whether income
withholding is currently in place. The obligee or obligor may reapply for either full
services or income withholding only services at any time.
Unless the applicant is a
69.16 recipient of public assistance as defined in section
256.741 , a $25 application fee shall be
69.17 charged at the time of each application.
(e) When a person terminates IV-D services, if an arrearage for public assistance
defined in section
exists, the public authority may continue income withholding,
as well as use any other enforcement remedy for the collection of child support, until
public assistance arrears are paid in full. Income withholding shall be in an amount
to 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.
69.24support order includes a specific monthly payback amount, income withholding shall
69.25for the specific monthly payback amount ordered
69.26EFFECTIVE DATE.This section is effective July 1, 2016.
Sec. 84. Minnesota Statutes 2014, section 518A.53, subdivision 10, is amended to read:
Subd. 10. Arrearage order.
(a) This section does not prevent the court from
ordering the payor of funds to withhold amounts to satisfy the obligor's previous
in support order payments. This remedy shall not operate to exclude availability of
remedies to enforce judgments. The employer or payor of funds shall withhold from
the obligor's income an additional amount equal to 20 percent of the monthly child
support 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
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
(b) Notwithstanding any law to the contrary, funds from income sources included
518A.26, subdivision 8
, whether periodic or lump sum, are not exempt from
attachment or execution upon a judgment for child support arrearage.
(c) Absent an order to the contrary, if an arrearage exists at the time a support
order would otherwise terminate, income withholding shall continue in effect or may
implemented in an amount equal to the support order plus an additional 20 percent
monthly child support obligation, until all arrears have been paid in full.
70.10EFFECTIVE DATE.This section is effective July 1, 2016.
Sec. 85. Minnesota Statutes 2014, section 518A.60, is amended to read:
70.12518A.60 COLLECTION; ARREARS ONLY.
(a) Remedies available for the collection and enforcement of support in this chapter
and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
for whom support is owed are emancipated and the obligor owes past support or has
accumulated arrearage as of the date of the youngest child's emancipation. Child support
arrearages under this section include arrearages for child support, medical support,
care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
518A.41, subdivision 1, paragraph (h)
(b) This section applies retroactively to any support arrearage that accrued on or
before June 3, 1997, and to all arrearages accruing after June 3, 1997.
(c) Past support or pregnancy and confinement expenses ordered for which the
obligor has specific court ordered terms for repayment may not be enforced using drivers'
and occupational or professional license suspension
credit bureau reporting,
70.25 additional income withholding under section
518A.53, subdivision 10 , paragraph (a),
unless the obligor fails to comply with the terms of the court order for repayment.
(d) If an arrearage exists at the time a support order would otherwise terminate
518A.53, subdivision 10
, paragraph (c), does not apply to this section, the
arrearage shall be repaid in an amount equal to the current support order until all
have been paid in full, absent a court order to the contrary.
(e) If an arrearage exists according to a support order which fails to establish a
monthly support obligation in a specific dollar amount, the public authority, if it
child support services, or the obligee, may establish a payment agreement which shall
equal what the obligor would pay for current support after application of section
plus an additional 20 percent of the current support obligation, until all arrears
paid in full. If the obligor fails to enter into or comply with a payment agreement,
public authority, if it provides child support services, or the obligee, may move
court or child support magistrate, if section
applies, for an order establishing
(f) If there is no longer a current support order because all of the children of the
order are emancipated, the public authority may discontinue child support services
close its case under title IV-D of the Social Security Act if:
(1) the arrearage is under $500; or
(2) the arrearage is considered unenforceable by the public authority because there
have been no collections for three years, and all administrative and legal remedies
been attempted or are determined by the public authority to be ineffective because
obligor is unable to pay, the obligor has no known income or assets, and there is
reasonable prospect that the obligor will be able to pay in the foreseeable future.
(g) At least 60 calendar days before the discontinuation of services under paragraph
(f), the public authority must mail a written notice to the obligee and obligor at
obligee's and obligor's last known addresses that the public authority intends to
child support enforcement case and explaining each party's rights. Seven calendar
after the first notice is mailed, the public authority must mail a second notice under
paragraph to the obligee.
(h) The case must be kept open if the obligee responds before case closure and
provides information that could reasonably lead to collection of arrears. If the case
closed, the obligee may later request that the case be reopened by completing a new
application for services, if there is a change in circumstances that could reasonably
the collection of arrears.
71.26EFFECTIVE DATE.This section is effective July 1, 2016.
Sec. 86. [518A.685] CONSUMER REPORTING AGENCY; REPORTING
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
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
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
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.
Sec. 87. Minnesota Statutes 2014, section 518C.802, is amended to read:
72.21518C.802 CONDITIONS OF RENDITION.
(a) Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of
the governor of this state may require a prosecutor of this state to demonstrate that
60 days previously the obligee had initiated proceedings for support pursuant to this
chapter or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter,
72.28 Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement
72.29 of Support Act,
the governor of another state makes a demand that the governor of
this state surrender an individual charged criminally in that state with having failed
provide for the support of a child or other individual to whom a duty of support is
the governor may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective. If it appears that
proceeding would be effective but has not been initiated, the governor may delay honoring
the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition
demanded prevails, the governor may decline to honor the demand. If the petitioner
and the individual whose rendition is demanded is subject to a support order, the
may decline to honor the demand if the individual is complying with the support order.
Sec. 88. Minnesota Statutes 2014, section 626.556, subdivision 1, as amended by Laws
2015, chapter 4, section 1, is amended to read:
Subdivision 1. Public policy.
(a) The legislature hereby declares that the public
policy of this state is to protect children whose health or welfare may be jeopardized
through physical abuse, neglect, or sexual abuse. While it is recognized that most
want to keep their children safe, sometimes circumstances or conditions interfere
their ability to do so. When this occurs, the health and safety of the children
of paramount concern. Intervention and prevention efforts
concerns for child safety and the ongoing risk of abuse or neglect and should engage
protective capacities of families. In furtherance of this public policy, it is the
intent of the
legislature under this section to:
(1) protect children and promote child safety;
(2) strengthen the family;
(3) make the home, school, and community safe for children by promoting
responsible child care in all settings; and
(4) provide, when necessary, a safe temporary or permanent home environment for
physically or sexually abused or neglected children.
(b) In addition, it is the policy of this state to:
(1) require the reporting of neglect or physical or sexual abuse of children in the
home, school, and community settings;
(2) provide for the voluntary reporting of abuse or neglect of children;
73.28 a family assessment, when appropriate, as the preferred response to reports not alleging
73.29 substantial child endangerment;
(3) require an investigation when the report alleges sexual abuse or
73.32(4) provide a family assessment, if appropriate, when the report does not allege
73.33sexual abuse or substantial child endangerment;
provide protective, family support, and family preservation services when
needed in appropriate cases.
Sec. 89. Minnesota Statutes 2014, section 626.556, subdivision 2, is amended to read:
Subd. 2. Definitions.
As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a
maltreatment report that does not allege sexual abuse or
substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family
and the risk of subsequent maltreatment.
(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be
when reports involve sexual abuse or
substantial child endangerment, and for reports of
maltreatment in facilities required to be licensed under chapter 245A or 245D; under
; in a school as defined in sections
, 11, and 13, and
; or in a nonlicensed personal care provider
association as defined in section
256B.0625, subdivision 19a
(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship
74.20 child as defined in section
609.341 , or a person in a position of authority as defined in
609.341 , who
by act or omission,
commits or attempts to commit an act against a
child under their care that constitutes any of the following:
(1) egregious harm as defined in section
260C.007, subdivision 14
sexual abuse as defined in paragraph (d);
abandonment under section
260C.301, subdivision 2
neglect as defined in paragraph (f), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred
as failure to thrive, that has been diagnosed by a physician and is due to parental
murder in the first, second, or third degree under section
manslaughter in the first or second degree under section
assault in the first, second, or third degree under section
solicitation, inducement, and promotion of prostitution under section
criminal sexual conduct under sections
solicitation of children to engage in sexual conduct under section
malicious punishment or neglect or endangerment of a child under section
use of a minor in sexual performance under section
parental behavior, status, or condition which mandates that the county
attorney file a termination of parental rights petition under section
260C.503, subdivision 2
(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined
, or by a person in a position of authority, as defined in section
subdivision 10, to any act which constitutes a violation of section
conduct in the first degree),
(criminal sexual conduct in the second degree),
(criminal sexual conduct in the third degree),
(criminal sexual conduct
in the fourth degree), or
(criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections
. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member
who has committed a violation which requires registration as an offender under section
243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
243.166, subdivision 1b, paragraph (a) or (b).
(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such
parent, guardian, or other person having similar care responsibilities, or (2) an
functioning outside the family unit and having responsibilities for the care of the
such as a teacher, school administrator, other school employees or agents, or other
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger
child's physical or mental health when reasonably able to do so, including a growth
which may be referred to as a failure to thrive, that has been diagnosed by a physician
is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability,
condition, length of absence, or environment, when the child is unable to care for
child's own basic needs or safety, or the basic needs or safety of another child in
(4) failure to ensure that the child is educated as defined in sections
76.6260C.163, subdivision 11
, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section
125A.091, subdivision 5
(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's
good faith selects and depends upon spiritual means or prayer for treatment or care
disease or remedial care of the child in lieu of medical care; except that a parent,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty
if a lack of medical care may cause serious danger to the child's health. This section
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that
(6) prenatal exposure to a controlled substance, as defined in section
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother
delivery or the child at birth, medical effects or developmental delays during the
first year of life that medically indicate prenatal exposure to a controlled substance,
presence of a fetal alcohol spectrum disorder;
(7) "medical neglect" as defined in section
260C.007, subdivision 6
, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic
and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is
within the normal range for the child's age and stage of development, with due regard
the child's culture.
(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section
Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse
not include the use of reasonable force by a teacher, principal, or school employee
allowed by section
. Actions which are not reasonable and moderate include,
but are not limited to, any of the following
that are done in anger or without regard to the
77.6 safety of the child
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section
609.02, subdivision 6
(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;
purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to
punish the child; or other substances that substantially affect the child's behavior,
coordination, or judgment or that results in sickness or internal injury, or subjects
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;
unreasonable physical confinement or restraint not permitted under section
, including but not limited to tying, caging, or chaining; or
in a school facility or school zone, an act by a person responsible for the
child's care that is a violation under section
(h) "Report" means any
received by the local welfare agency,
police department, county sheriff, or agency responsible for
assessing or investigating
77.29 maltreatment 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
77.31believed to be responsible for the neglect or abuse, if known
(i) "Facility" means:
(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections
, or chapter 245D;
(2) a school as defined in sections
120A.05, subdivisions 9
, 11, and 13; and
(3) a nonlicensed personal care provider organization as defined in section
78.4256B.0625, subdivision 19a
(j) "Operator" means an operator or agency as defined in section
(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but
not limited to employee assistance counseling and the provision of guardian ad litem
parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the
ability to function within a normal range of performance and behavior with due regard
the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for
child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section
260C.007, subdivision 14
, or a
similar law of another jurisdiction;
(2) been found to be palpably unfit under section
, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights
, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child to a relative under Minnesota Statutes 2010,
78.27260C.201, subdivision 11
, paragraph (d), clause (1), section
260C.515, subdivision 4
, or a
similar law of another jurisdiction.
A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (o) from the Department
(o) Upon receiving data under section
144.225, subdivision 2b
, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (n), the Department of Human Services shall send the data to
responsible social services agency. The data is known as "birth match" data. Unless
responsible social services agency has already begun an investigation or assessment
report due to the birth of the child or execution of the recognition of parentage
parent's previous history with child protection, the agency shall accept the birth
data as a report under this section. The agency may use either a family assessment
investigation to determine whether the child is safe. All of the provisions of this
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child
is in need
of protection or services under section
260C.007, subdivision 6
, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and
attorney shall take appropriate action as required under section
, subdivision 2.
(p) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's
welfare, and safety.
(q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:
(1) is not likely to occur and could not have been prevented by exercise of due
(2) if occurring while a child is receiving services from a facility, happens when
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.
(r) "Nonmaltreatment mistake" means:
(1) at the time of the incident, the individual was performing duties identified in
center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only
remedies that are available over the counter, whether ordered by a medical professional
(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant
This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.
Sec. 90. Minnesota Statutes 2014, section 626.556, subdivision 3, is amended to read:
Subd. 3. Persons mandated to report; persons voluntarily reporting.
person who knows or has reason to believe a child is being neglected or physically
sexually abused, as defined in subdivision 2, or has been neglected or physically
sexually abused within the preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or investigating the
county sheriff, tribal social services agency, or tribal police
if the person is:
(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or
(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required
this subdivision to report information that is otherwise privileged under section
, paragraph (c).
The police department or the county sheriff, upon receiving a report, shall
80.20 immediately notify the local welfare agency or agency responsible for assessing or
80.21 investigating the report, orally and in writing. The local welfare agency, or agency
80.22 responsible for assessing or investigating the report, upon receiving a report, shall
80.23 immediately notify the local police department or the county sheriff orally and in
80.24 The county sheriff and the head of every local welfare agency, agency responsible
80.25 for assessing or investigating reports, and police department shall each designate
80.26 person within their agency, department, or office who is responsible for ensuring
80.27 the notification duties of this paragraph and paragraph (b) are carried out. Nothing
80.28 this subdivision shall be construed to require more than one report from any institution,
80.29 facility, school, or agency.
(b) Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department,
sheriff, tribal social services agency, or tribal police department
if the person knows,
has reason to believe, or suspects a child is being or has been neglected or subjected
physical or sexual abuse.
The police department or the county sheriff, upon receiving
80.35 a report, shall immediately notify the local welfare agency or agency responsible
81.1 assessing or investigating the report, orally and in writing. The local welfare agency
81.2 agency responsible for assessing or investigating the report, upon receiving a report,
81.3 immediately notify the local police department or the county sheriff orally and in
(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible
licensing the facility under sections
chapter 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
the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and
board or other entity whose licensees perform work within a school facility, upon
a complaint of alleged maltreatment, shall provide information about the circumstances
the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4
applies to data received by the commissioner of education from a licensing entity.
Any person mandated to report shall receive a summary of the disposition of
81.15 any report made by that reporter, including whether the case has been opened for child
81.16 protection or other services, or if a referral has been made to a community organization,
81.17 unless release would be detrimental to the best interests of the child. Any person
81.18 not mandated to report shall, upon request to the local welfare agency, receive a
81.19 summary of the disposition of any report made by that reporter, unless release would
81.20 detrimental to the best interests of the child. Notification requirements under subdivision
81.2110 apply to all reports received under this section.
(e) For purposes of this section, "immediately" means as soon as possible but in
no event longer than 24 hours.
Sec. 91. Minnesota Statutes 2014, section 626.556, subdivision 6a, is amended to read:
Subd. 6a. Failure to notify.
If a local welfare agency receives a report under
subdivision 3, paragraph (a) or (b), and fails to notify the local police department
sheriff as required by subdivision
3, paragraph (a) or (b) 10
, the person within the agency
who is responsible for ensuring that notification is made shall be subject to disciplinary
action in keeping with the agency's existing policy or collective bargaining agreement
discipline of employees. If a local police department or a county sheriff receives
under subdivision 3, paragraph (a) or (b), and fails to notify the local welfare agency
required by subdivision
3, paragraph (a) or (b) 10
, the person within the police department
or county sheriff's office who is responsible for ensuring that notification is made
subject to disciplinary action in keeping with the agency's existing policy or collective
bargaining agreement on discipline of employees.
Sec. 92. Minnesota Statutes 2014, section 626.556, subdivision 7, as amended by Laws
2015, chapter 4, section 2, is amended to read:
Subd. 7. Report; information provided to parent; reporter.
(a) An oral report
shall be made immediately by telephone or otherwise. An oral report made by a person
required under subdivision 3 to report shall be followed within 72 hours, exclusive
of weekends and holidays, by a report in writing to the appropriate police department,
the county sheriff, the agency responsible for assessing or investigating the report,
the local welfare agency.
The local welfare agency shall determine if the report is
accepted for an
82.10 assessment or investigation to be screened in or out
as soon as possible but in no event
longer 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,
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).
Any report shall be of sufficient content to identify the child, any person
believed to be responsible for the abuse or neglect of the child if the person is
nature and extent of the abuse or neglect and the name and address of the reporter.
local welfare agency or agency responsible for assessing or investigating the report
accept a report made under subdivision 3 notwithstanding refusal by a reporter to
the reporter's name or address as long as the report is otherwise sufficient under
paragraph. Written reports received by a police department or the county sheriff shall
forwarded immediately to the local welfare agency or the agency responsible for assessing
or investigating the report. The police department or the county sheriff may keep
reports received by them. Copies of written reports received by a local welfare department
or the agency responsible for assessing or investigating the report shall be forwarded
immediately to the local police department or the county sheriff.
When requested, the agency responsible for assessing or investigating a
report shall inform the reporter within ten days after the report was made, either
in writing, whether the report was accepted or not. If the responsible agency determines
the report does not constitute a report under this section, the agency shall advise
reporter 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
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
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
83.7of the screened-out report. A local welfare agency or agency responsible for evaluating
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.
Notwithstanding paragraph (a), the commissioner of education must inform
the parent, guardian, or legal custodian of the child who is the subject of a report
alleged maltreatment in a school facility within ten days of receiving the report,
orally or in writing, whether the commissioner is assessing or investigating the report
of alleged maltreatment.
Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent,
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.
A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.
Sec. 93. Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
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
Sec. 94. Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:
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.
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
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
84.11county sheriff orally and in writing when a report is received. The county sheriff
84.12head of every local welfare agency, agency responsible for child protection reports,
84.13police department shall each designate a person within their agency, department, or
84.14who is responsible for ensuring that the notification duties of this paragraph are
84.15out. When the alleged maltreatment occurred on tribal land, the local welfare agency
84.16agency responsible for child protection reports and the local police department or
84.17county sheriff shall immediately notify the tribe's social services agency and tribal
84.18enforcement orally and in writing when a report is received.
Upon receipt of a report, the local welfare agency shall determine whether to
conduct a family assessment or an investigation as appropriate to prevent or provide
remedy for child maltreatment. The local welfare agency:
(1) shall conduct an investigation on reports involving sexual abuse or
(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate,
the local welfare agency may consider issues of child safety, parental cooperation,
the need for an immediate response; and
(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not
the local welfare agency must document the reason for terminating the investigation
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation.
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when
person resides in the child's household or by a sibling, the local welfare agency
immediately conduct a family assessment or investigation as identified in clauses
to (4). In conducting a family assessment or investigation, the local welfare agency
shall gather information on the existence of substance abuse and domestic violence
offer services for purposes of preventing future child maltreatment, safeguarding
enhancing the welfare of the abused or neglected minor, and supporting and preserving
family life whenever possible. If the report alleges a violation of a criminal statute
involving sexual abuse, physical abuse, or neglect or endangerment, under section
, the local law enforcement agency and local welfare agency shall coordinate the
planning and execution of their respective investigation and assessment efforts to
duplication of fact-finding efforts and multiple interviews. Each agency shall prepare
separate report of the results of its investigation or assessment
. In cases of alleged child
maltreatment resulting in death, the local agency may rely on the fact-finding efforts
law enforcement investigation to make a determination of whether or not maltreatment
occurred. When necessary the local welfare agency shall seek authority to remove the
child from the custody of a parent, guardian, or adult with whom the child is living.
performing any of these duties, the local welfare agency shall maintain appropriate
If the family assessment or investigation indicates there is a potential for abuse
alcohol or other drugs by the parent, guardian, or person responsible for the child's
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.
When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section
, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
, it shall, in addition to its other duties under this section, immediately inform
ombudsman established under sections
. The commissioner of education
shall inform the ombudsman established under sections
regarding a child defined as a client in section
that maltreatment occurred at a
school as defined in sections
120A.05, subdivisions 9, 11, and 13
Authority of the local welfare agency responsible for assessing or
investigating the child abuse or neglect report, the agency responsible for assessing
investigating the report, and of the local law enforcement agency for investigating
alleged abuse or neglect includes, but is not limited to, authority to interview,
parental consent, the alleged victim and any other minors who currently reside with
who have resided with the alleged offender. The interview may take place at school
any facility or other place where the alleged victim or other minors might be found
child may be transported to, and the interview conducted at, a place appropriate for
interview of a child designated by the local welfare agency or law enforcement agency.
The interview may take place outside the presence of the alleged offender or parent,
custodian, guardian, or school official. For family assessments, it is the preferred
to request a parent or guardian's permission to interview the child prior to conducting
child interview, unless doing so would compromise the safety assessment. Except as
provided in this paragraph, the parent, legal custodian, or guardian shall be notified
the responsible local welfare or law enforcement agency no later than the conclusion
the investigation or assessment that this interview has occurred. Notwithstanding
of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after
hearing on an ex parte motion by the local welfare agency, order that, where reasonable
cause exists, the agency withhold notification of this interview from the parent,
custodian, or guardian. If the interview took place or is to take place on school
the order shall specify that school officials may not disclose to the parent, legal
or guardian the contents of the notification of intent to interview the child on school
property, as provided under this paragraph, and any other related information regarding
the interview that may be a part of the child's school record. A copy of the order
sent by the local welfare or law enforcement agency to the appropriate school official.
When the local welfare, local law enforcement agency, or the agency
responsible for assessing or investigating a report of maltreatment determines that
interview should take place on school property, written notification of intent to
the child on school property must be received by school officials prior to the interview.
The notification shall include the name of the child to be interviewed, the purpose
interview, and a reference to the statutory authority to conduct an interview on school
property. For interviews conducted by the local welfare agency, the notification shall
be signed by the chair of the local social services agency or the chair's designee.
notification shall be private data on individuals subject to the provisions of this
School officials may not disclose to the parent, legal custodian, or guardian the
of the notification or any other related information regarding the interview until
in writing by the local welfare or law enforcement agency that the investigation or
assessment has been concluded, unless a school employee or agent is alleged to have
maltreated the child. Until that time, the local welfare or law enforcement agency
agency responsible for assessing or investigating a report of maltreatment shall be
responsible for any disclosures regarding the nature of the assessment or investigation.
Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within
discretion of school officials, but the local welfare or law enforcement agency shall
the exclusive authority to determine who may attend the interview. The conditions
time, place, and manner of the interview set by the school officials shall be reasonable
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials
the local welfare or law enforcement agency. Where the school fails to comply with
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child,
students, or school staff when an interview is conducted on school premises.
Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to
the alleged victim or other minor for questioning by the local welfare agency or the
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court
Before making an order under paragraph
, the court shall issue an order
to show cause, either upon its own motion or upon a verified petition, specifying
for the requested interviews and fixing the time and place of the hearing. The order
show cause shall be served personally and shall be heard in the same manner as provided
in other cases in the juvenile court. The court shall consider the need for appointment
guardian ad litem to protect the best interests of the child. If appointed, the guardian
litem shall be present at the hearing on the order to show cause.
The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating
the commissioner of education, and the local law enforcement agencies have the right
enter facilities as defined in subdivision 2 and to inspect and copy the facility's
including medical records, as part of the investigation. Notwithstanding the provisions
chapter 13, they also have the right to inform the facility under investigation that
conducting an investigation, to disclose to the facility the names of the individuals
investigation for abusing or neglecting a child, and to provide the facility with
a copy of
the report and the investigative findings.
The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child
risk of subsequent child maltreatment, and family strengths and needs and share not
information with an Indian's tribal social services agency without violating any law
state that may otherwise impose duties of confidentiality on the local welfare agency
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship
child and to the alleged offender, and the basis of the reporter's knowledge for the
the child allegedly being maltreated; the alleged offender; the child's caretaker;
collateral sources having relevant information related to the alleged maltreatment.
local welfare agency or the agency responsible for investigating the report may make
determination of no maltreatment early in an investigation, and close the case and
immunity, if the collected information shows no basis for a full investigation.
Information relevant to the assessment or investigation must be asked for, and
(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
information relating to developmental functioning
credibility of the child's
and whether the information provided under this clause is consistent with other
information collected during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment,
criminal charges and convictions. The local welfare agency or the agency responsible
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of
child; (ii) prior medical records relating to the alleged maltreatment or the care
child maintained by any facility, clinic, or health care professional and an interview
the treating professionals; and (iii) interviews with the child's caretakers, including
child's parent, guardian, foster parent, child care provider, teachers, counselors,
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.
Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections
to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by
local welfare agency or the agency responsible for assessing or investigating the
during the course of the assessment or investigation are private data on individuals
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the
classification as educational, licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local
enforcement and the school facility.
Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the
The face-to-face contact with the child and primary caregiver shall occur immediately
if sexual abuse or
substantial child endangerment is alleged and within five calendar
days for all other reports. If the alleged offender was not already interviewed as
primary caregiver, the local welfare agency shall also conduct a face-to-face interview
with the alleged offender in the early stages of the assessment or investigation.
initial contact, the local child welfare agency or the agency responsible for assessing
investigating the report must inform the alleged offender of the complaints or allegations
made against the individual in a manner consistent with laws protecting the rights
person who made the report. The interview with the alleged offender may be postponed
it would jeopardize an active law enforcement investigation.
When conducting an investigation, the local welfare agency shall use a
question and answer interviewing format with questioning as nondirective as possible
elicit spontaneous responses. For investigations only, the following interviewing
and procedures must be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.
In conducting an assessment or investigation involving a school facility
as defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs
(i), (j) and
and subdivision 3d, except that the requirement for face-to-face observation of the
and face-to-face interview of the alleged offender is to occur in the initial stages
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility
local law enforcement, to the extent those investigations satisfy the requirements
(i) and (j) and
(k), and subdivision 3d.
Sec. 95. Minnesota Statutes 2014, section 626.556, subdivision 10e, is amended to read:
Subd. 10e. Determinations.
(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the
of the report.
(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.
(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when
alleged perpetrator is a child under the age of ten.
(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment
as defined in paragraph (f), the fact that maltreatment was not determined, and a
of the specific reasons for the determination.
(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private
on individuals or nonpublic data as maintained by the commissioner of education.
(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:
(1) physical abuse as defined in subdivision 2, paragraph (g);
(2) neglect as defined in subdivision 2, paragraph (f);
(3) sexual abuse as defined in subdivision 2, paragraph (d);
(4) mental injury as defined in subdivision 2, paragraph (m); or
(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker,
defined in section
626.559, subdivision 1
, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the
from maltreatment or risk of maltreatment.
(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.
(i) When determining whether the facility or individual is the responsible party,
whether both the facility and the individual are responsible for determined maltreatment
a facility, the investigating agency shall consider at least the following mitigating
(1) whether the actions of the facility or the individual caregivers were according
and followed the terms of, an erroneous physician order, prescription, individual
or directive; however, this is not a mitigating factor when the facility or caregiver
responsible for the issuance of the erroneous order, prescription, individual care
directive or knew or should have known of the errors and took no reasonable measures
correct the defect before administering care;
(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility
an individual's participation in the training, the caregiver's supervision, and facility
levels and the scope of the individual employee's authority and discretion; and
(3) whether the facility or individual followed professional standards in exercising
The evaluation of the facility's responsibility under clause (2) must not be based
completeness of the risk assessment or risk reduction plan required under section
but must be based on the facility's compliance with the regulatory standards for policies
procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the individual
the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section
245C.15, subdivision 4
, and the licensing
actions under sections
(k) Individual counties may implement more detailed definitions or criteria that
92.18 indicate which allegations to investigate, as long as a county's policies are consistent
92.19 with the definitions in the statutes and rules and are approved by the county board.
92.20 local welfare agency shall periodically inform mandated reporters under subdivision
92.21 who work in the county of the definitions of maltreatment in the statutes and rules
92.22 additional definitions or criteria that have been approved by the county board.
Sec. 96. Minnesota Statutes 2014, section 626.556, subdivision 10j, is amended to read:
Subd. 10j. Release of data to mandated reporters. (a)
A local social services or
child protection agency, or the agency responsible for assessing or investigating
provide relevant private data on individuals obtained under
this section to a
reporters reporter who made the report and
ongoing responsibility for the health, education, or welfare of a child affected by
92.29unless the agency determines that providing the data would not be
in the best interests
of 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
ongoing responsibility for the health, education, or welfare of a child affected by
include the child's teachers or other appropriate school personnel, foster parents,
care providers, respite care workers, therapists, social workers, child care providers,
residential care staff, crisis nursery staff, probation officers, and court services
Under this section, a mandated reporter need not have made the report to be considered
person with ongoing responsibility for the health, education, or welfare of a child
by the data. Data provided under this section must be limited to data pertinent to
individual'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
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.
Sec. 97. Minnesota Statutes 2014, section 626.556, subdivision 10m, is amended to
Subd. 10m. Provision of child protective services; consultation with county
The local welfare agency shall create a written plan, in collaboration with
the family whenever possible, within 30 days of the determination that child protective
services are needed or upon joint agreement of the local welfare agency and the family
that family support and preservation services are needed. Child protective services
family 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
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
93.23(3) the family is not cooperating with an investigation or assessment.
Sec. 98. Minnesota Statutes 2014, section 626.556, subdivision 11c, is amended to read:
Subd. 11c. Welfare, court services agency, and school records maintained.
, records maintained or records derived
from reports of abuse by local welfare agencies, agencies responsible for assessing
investigating the report, court services agencies, or schools under this section shall
destroyed as provided in paragraphs (a) to (d) by the responsible authority.
(a) For reports alleging child maltreatment that were not accepted for assessment
family assessment cases,
and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the
records must be maintained for a period of
years after the date the
93.34report was not accepted for assessment or investigation or
of the final entry in the case
record. 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
94.3as to why the report was not accepted.
Records under this paragraph may not be used for
employment, background checks, or purposes other than to assist in future screening
risk and safety assessments.
(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for ten years
the date of the final entry in the case record.
(c) All records regarding a report of maltreatment, including any notification of
to interview which was received by a school under subdivision 10, paragraph (d), shall
destroyed by the school when ordered to do so by the agency conducting the assessment
investigation. The agency shall order the destruction of the notification when other
relating to the report under investigation or assessment are destroyed under this
(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible
assessing or investigating the report shall order destruction of the data when other
relating to the assessment or investigation are destroyed under this subdivision.
(e) For reports alleging child maltreatment that were not accepted for assessment
94.20 or investigation, counties shall maintain sufficient information to identify repeat
94.21 alleging maltreatment of the same child or children for 365 days from the date the
94.22 was screened out. The commissioner of human services shall specify to the counties
94.23 minimum information needed to accomplish this purpose. Counties shall enter this data
94.24 into the state social services information system.
Sec. 99. Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
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,
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
95.1could be used to personally identify any subject whose data is included in the report.
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.
Sec. 100. Minnesota Statutes 2014, section 626.559, is amended by adding a
subdivision 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
95.8are assigned new child protection duties on or after July 1, 2015, are required to
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
95.15persons served by the agency.
Sec. 101. Laws 2014, chapter 189, section 5, is amended to read:
Sec. 5. Minnesota Statutes 2012, section 518C.201, is amended to read:
95.18518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.
(a) In a proceeding to establish
, or modify
a support order or to determine
parentage of a child, a tribunal of this state may exercise personal jurisdiction
nonresident individual or the individual's guardian or conservator if:
(1) the individual is personally served with a summons or comparable document
within this state;
(2) the individual submits to the jurisdiction of this state by consent, by entering
general appearance, or by filing a responsive document having the effect of waiving
contest to personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support
for the child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;
(7) the individual asserted parentage of a child under sections
(8) there is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction in paragraph (a) or in any other law of this
may not be used to acquire personal jurisdiction for a tribunal of this state to modify
support order of another state unless the requirements of section
are met, or, in
the case of a foreign support order, unless the requirements of section
Sec. 102. Laws 2014, chapter 189, section 9, is amended to read:
Sec. 9. Minnesota Statutes 2012, section 518C.205, is amended to read:
96.9518C.205 CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY
96.10CHILD SUPPORT ORDER.
(a) A tribunal of this state that has issued a support order consistent with the law
of this state has and shall exercise continuing, exclusive jurisdiction to modify
support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification this state is the residence
obligor, the individual obligee, or the child for whose benefit the support order
is issued; or
(2) even if this state is not the residence of the obligor, the individual obligee,
child for whose benefit the support order is issued, the parties consent in a record
or in open
court that the tribunal of this state may continue to exercise jurisdiction to modify
(b) A tribunal of this state that has issued a child support order consistent with
law of this state may not exercise continuing, exclusive jurisdiction to modify the
(1) all of the parties who are individuals file consent in a record with the tribunal
this state that a tribunal of another state that has jurisdiction over at least one
of the parties
who is an individual or that is located in the state of residence of the child may
the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to
96.27 chapter or a law substantially similar to this chapter the Uniform Interstate Family Support
which modifies a child support order of a tribunal of this state, tribunals of this
shall recognize the continuing, exclusive jurisdiction of the tribunal of the other
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify
child support order may serve as an initiating tribunal to request a tribunal of another
to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Sec. 103. Laws 2014, chapter 189, section 10, is amended to read:
Sec. 10. Minnesota Statutes 2012, section 518C.206, is amended to read:
ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
97.4 BY TRIBUNAL HAVING CONTINUING JURISDICTION TO ENFORCE CHILD
(a) A tribunal of this state that has issued a child support order consistent with
law of this state may serve as an initiating tribunal to request a tribunal of another
(1) the order if the order is the controlling order and has not been modified by
a tribunal of another state that assumed jurisdiction pursuant to
this chapter or a law
97.11 substantially similar to this chapter the Uniform Interstate Family Support Act
(2) a money judgment for arrears of support and interest on the order accrued before
a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing
jurisdiction over a support
order may act as a responding tribunal to enforce the order.
Sec. 104. Laws 2014, chapter 189, section 11, is amended to read:
Sec. 11. Minnesota Statutes 2012, section 518C.207, is amended to read:
RECOGNITION DETERMINATION OF CONTROLLING CHILD
(a) If a proceeding is brought under this chapter and only one tribunal has issued
child support order, the order of that tribunal
is controlling controls
and must be recognized.
(b) If a proceeding is brought under this chapter, and two or more child support
orders have been issued by tribunals of this state, another state, or a foreign country
regard to the same obligor and child, a tribunal of this state having personal jurisdiction
over both the obligor and the individual obligee shall apply the following rules and
order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the order of that tribunal
is controlling controls
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter:
(i) an order issued by a tribunal in the current home state of the child controls;
(ii) if an order has not been issued in the current home state of the child, the order
most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state shall issue a child support order, which controls.
(c) If two or more child support orders have been issued for the same obligor and
child, upon request of a party who is an individual or that is a support enforcement
a tribunal of this state having personal jurisdiction over both the obligor and the
who is an individual shall determine which order controls under paragraph (b). The
request may be filed with a registration for enforcement or registration for modification
pursuant to sections
, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be accompanied
by a copy of every child support order in effect and the applicable record of payments.
The requesting party shall give notice of the request to each party whose rights may
be affected by the determination.
(e) The tribunal that issued the controlling order under paragraph (a), (b), or (c)
continuing jurisdiction to the extent provided in section
(f) A tribunal of this state which determines by order which is the controlling order
under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling
child support order under paragraph (b), clause (3), shall state in that order:
(1) the basis upon which the tribunal made its determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and accrued interest, if any, under all
the orders after all payments made are credited as provided by section
(g) Within 30 days after issuance of the order determining which is the controlling
order, the party obtaining that order shall file a certified copy of it with each
issued or registered an earlier order of child support. A party or support enforcement
agency obtaining the order that fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises. The failure
to file does
not affect the validity or enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section
recognized in proceedings under this chapter.
Sec. 105. Laws 2014, chapter 189, section 16, is amended to read:
Sec. 16. Minnesota Statutes 2012, section 518C.301, is amended to read:
98.31518C.301 PROCEEDINGS UNDER THIS CHAPTER.
(a) Except as otherwise provided in this chapter, sections
apply to all proceedings under this chapter.
(b) This chapter provides for the following proceedings:
99.1 (1) establishment of an order for spousal support or child support pursuant to
99.3 (2) enforcement of a support order and income-withholding order of another state or
99.4 a foreign country without registration pursuant to sections
99.5 (3) registration of an order for spousal support or child support of another state
99.6 foreign country for enforcement pursuant to sections
99.7 (4) modification of an order for child support or spousal support issued by a tribunal
99.8 of this state pursuant to sections
99.9 (5) registration of an order for child support of another state or a foreign country
99.10 modification pursuant to sections
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
99.13 518C.202 .
99.14 (c) (b)
An individual petitioner or a support enforcement agency may commence
a proceeding authorized under this chapter by filing a petition in an initiating tribunal
for forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state or a foreign country which has or can obtain
jurisdiction over the respondent.
Sec. 106. Laws 2014, chapter 189, section 17, is amended to read:
Sec. 17. Minnesota Statutes 2012, section 518C.303, is amended to read:
99.21518C.303 APPLICATION OF LAW OF THIS STATE.
Except as otherwise provided by this chapter, a responding tribunal of this state
(1) apply the procedural and substantive law
, including the rules on choice of law,
generally applicable to similar proceedings originating in this state and may exercise
powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the
law and support guidelines of this state.
Sec. 107. Laws 2014, chapter 189, section 18, is amended to read:
Sec. 18. Minnesota Statutes 2012, section 518C.304, is amended to read:
99.30518C.304 DUTIES OF INITIATING TRIBUNAL.
(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal
this state shall forward the petition and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue
certificate or other documents and make findings required by the law of the responding
state. If the responding tribunal is in a foreign country, upon request
the tribunal of this
state shall specify the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under applicable official or market exchange rate as
publicly reported, and provide other documents necessary to satisfy the requirements
the responding foreign tribunal.
Sec. 108. Laws 2014, chapter 189, section 19, is amended to read:
Sec. 19. Minnesota Statutes 2012, section 518C.305, is amended to read:
100.13518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.
(a) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section
, it shall cause the petition or pleading to be filed and notify the petitioner where
when it was filed.
(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:
(1) establish or enforce a support order, modify a child support order, determine
controlling child support order, or to determine parentage of a child;
(2) order an obligor to comply with a support order, specifying the amount and
the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the tribunal informed of the obligor's current residential
address, electronic mail address, telephone number, employer, address of employment,
and telephone number at the place of employment;
(9) issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and
computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment by specified methods;
(11) award reasonable attorney's fees and other fees and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under
this chapter, or in the documents accompanying the order, the calculations on which
the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support
order issued under this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order to the petitioner and the respondent and to
initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.
Sec. 109. Laws 2014, chapter 189, section 23, is amended to read:
Sec. 23. Minnesota Statutes 2012, section 518C.310, is amended to read:
101.17518C.310 DUTIES OF STATE INFORMATION AGENCY.
(a) The unit within the Department of Human Services that receives and disseminates
incoming interstate actions under title IV-D of the Social Security Act is the State
Information Agency under this chapter.
(b) The State Information Agency shall:
(1) compile and maintain a current list, including addresses, of the tribunals in
state which have jurisdiction under this chapter and any support enforcement agencies
this state and transmit a copy to the state information agency of every other state;
(2) maintain a register of names and addresses of
tribunals and support enforcement
agencies received from other states;
(3) forward to the appropriate tribunal in the place in this state in which the
individual obligee or the obligor resides, or in which the obligor's property is believed
to be located, all documents concerning a proceeding under this chapter received from
another state or a foreign country; and
(4) obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests
obligor's address from employers, and examination of governmental records, including,
the extent not prohibited by other law, those relating to real property, vital statistics,
enforcement, taxation, motor vehicles, driver's licenses, and Social Security.
Sec. 110. Laws 2014, chapter 189, section 24, is amended to read:
Sec. 24. Minnesota Statutes 2012, section 518C.311, is amended to read:
102.5518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.
(a) A petitioner seeking to establish or modify a support order, determine parentage
of a child, or register and modify a support order of a tribunal of another state
or a foreign
country, in a proceeding under this chapter must file a petition. Unless otherwise
, the petition or accompanying documents must provide, so far
as known, the name, residential address, and Social Security numbers of the obligor
the obligee or parent and alleged parent
, and the name, sex, residential address, Social
Security number, and date of birth of each child for whom support is sought or whose
is to be determined. Unless filed at the time of registration,
petition must be accompanied by a
copy of any support order
in effect known
102.15to have been issued by another tribunal
. The petition may include any other information
that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.
Sec. 111. Laws 2014, chapter 189, section 27, is amended to read:
Sec. 27. Minnesota Statutes 2012, section 518C.314, is amended to read:
102.22518C.314 LIMITED IMMUNITY OF PETITIONER.
(a) Participation by a petitioner in a proceeding under this chapter before a
responding tribunal, whether in person, by private attorney, or through services provided
by the support enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present
in this state to participate in a proceeding under this chapter.
(c) The immunity granted by this section does not extend to civil litigation based
acts unrelated to a proceeding under this chapter committed by a party while physically
present in this state to participate in the proceeding.
Sec. 112. Laws 2014, chapter 189, section 28, is amended to read:
Sec. 28. Minnesota Statutes 2012, section 518C.316, is amended to read:
103.1518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
(a) The physical presence of
the petitioner a nonresident party who is an individual
tribunal of this state is not required for the establishment, enforcement,
or modification of a support order or the rendition of a judgment determining parentage
of a child.
A verified petition, An
document substantially complying with
federally mandated forms,
a document incorporated by reference in any of them,
not excluded under the hearsay rule if given in person, is admissible in evidence
oath penalty of perjury
by a party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal.
is evidence of facts asserted in it, and is admissible to show whether payments were
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least ten days
trial, are admissible in evidence to prove the amount of the charges billed and that
charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this
by telephone, telecopier, or other electronic means that do not provide an original
may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of this state shall permit a party
or witness residing outside this state to be deposed or to testify under penalty of
by telephone, audiovisual means, or other electronic means at a designated tribunal
other location. A tribunal of this state shall cooperate with other tribunals in designating
an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground
the testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.
(h) A privilege against disclosure of communications between spouses does not
apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of a child.
Sec. 113. Laws 2014, chapter 189, section 29, is amended to read:
Sec. 29. Minnesota Statutes 2012, section 518C.317, is amended to read:
104.1518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.
A tribunal of this state may communicate with a tribunal outside this state in
writing, by e-mail, or a record, or
by telephone, electronic mail,
or other means, to obtain
information concerning the laws of that state, the legal effect of a judgment, decree,
order of that tribunal, and the status of a proceeding. A tribunal of this state may
similar information by similar means to a tribunal outside this state.
Sec. 114. Laws 2014, chapter 189, section 31, is amended to read:
Sec. 31. Minnesota Statutes 2012, section 518C.319, is amended to read:
104.9518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.
(a) A support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency
or tribunal shall furnish to a requesting party or tribunal of another state or a
country a certified statement by the custodian of the record of the amounts and dates
of all payments received.
(b) If neither the obligor,
the obligee who is an individual, nor the child
resides in this state, upon request from the support enforcement agency of this state
another state, the support enforcement agency of this state or a tribunal of this
(1) direct that the support payment be made to the support enforcement agency in
the state in which the obligee is receiving services; and
(2) issue and send to the obligor's employer a conforming income-withholding order
or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to paragraph (b) shall furnish to a requesting
or tribunal of the other state a certified statement by the custodian of the record
amount and dates of all payments received.
Sec. 115. Laws 2014, chapter 189, section 43, is amended to read:
Sec. 43. Minnesota Statutes 2012, section 518C.604, is amended to read:
104.28518C.604 CHOICE OF LAW.
(a) Except as otherwise provided in paragraph (d), the law of the issuing state or
foreign country governs:
(1) the nature, extent, amount, and duration of current payments under a registered
(2) the computation and payment of arrearages and accrual of interest on the
arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrearages under a registered support order
, the statute of
limitation under the laws of this state or of the issuing state or foreign country,
is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of
this state to enforce current support and collect arrears and interest due on a support
of another state or a foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling
order and issues an order consolidating arrears, if any, a tribunal of this state
prospectively apply the law of the state or foreign country issuing the controlling
including its law on interest on arrears, on current and future support, and on consolidated
Sec. 116. Laws 2014, chapter 189, section 50, is amended to read:
Sec. 50. Minnesota Statutes 2012, section 518C.611, is amended to read:
105.15518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
(a) If section
does not apply, upon petition a tribunal of this state may
modify a child support order issued in another state that is registered in this state
notice and hearing, it finds that:
(1) the following requirements are met:
(i) neither the child, nor the obligee who is an individual, nor the obligor resides
in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks modification; and
(iii) the respondent is subject to the personal jurisdiction of the tribunal of this
(2) this state is the residence of the child, or a party who is an individual is subject
the personal jurisdiction of the tribunal of this state and all of the parties who
consents in a record in the issuing tribunal for a tribunal of this state to
modify the support order and assume continuing, exclusive jurisdiction
over the order
(b) Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an order
by a tribunal of this state and the order may be enforced and satisfied in the same
(c) A tribunal of this state may not modify any aspect of a child support order that
may not be modified under the law of the issuing state, including the duration of
obligation of support. If two or more tribunals have issued child support orders for
same obligor and child, the order that controls and must be recognized under section
establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty of support established
order precludes imposition of a further obligation of support by a tribunal of this
(e) On issuance of an order by a tribunal of this state
modifying a child support order
issued in another state, a tribunal of this state becomes the tribunal having continuing,
(f) Notwithstanding paragraphs (a) to
, paragraph (b),
a tribunal of this state retains jurisdiction to modify an order issued by a tribunal
(1) one party resides in another state; and
(2) the other party resides outside the United States.
Sec. 117. Laws 2014, chapter 189, section 51, is amended to read:
Sec. 51. Minnesota Statutes 2012, section 518C.612, is amended to read:
106.17518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
If a child support order issued by a tribunal of this state is modified by a tribunal
another state which assumed jurisdiction
according to this chapter or a law substantially
106.20 similar to this chapter pursuant to the Uniform Interstate Family Support Act,
a tribunal of
(1) may enforce its order that was modified only as to arrears and interest accruing
before the modification;
(2) may provide appropriate relief for violations of its order which occurred before
the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for
purpose of enforcement.
Sec. 118. Laws 2014, chapter 189, section 52, is amended to read:
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.
(a) If all of the parties who are individuals reside in this state and the child does
reside in the issuing state, a tribunal of this state has jurisdiction to enforce
and to modify
the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction as provided in this section shall
to the enforcement
or modification proceeding. Sections
do not apply and the tribunal shall apply the procedural and substantive law of this
Sec. 119. Laws 2014, chapter 189, section 73, is amended to read:
Sec. 73. EFFECTIVE DATE.
on the date that the United States deposits the
107.8 instrument of ratification for the Hague Convention on the International Recovery
107.9 Support and Other Forms of Family Maintenance with the Hague Conference on Private
107.10 International Law July 1, 2015
107.11EFFECTIVE DATE.This section is effective July 1, 2015.
Sec. 120. GROUP RESIDENTIAL HOUSING REPORT ON PROGRAM
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
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
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
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
107.29GRH program, which include homeless individuals, individuals with mental illness,
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
107.34the report under paragraph (a).
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
108.19(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
108.24The 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
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
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.
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
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
109.7focus on child safety and the ongoing risk of child abuse or neglect, and that the
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
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
109.15(c) Agency staff must implement the guidelines by January 1, 2016.
Sec. 123. COMMISSIONER'S DUTY TO PROVIDE TRAINING TO CHILD
109.18 The commissioner shall establish requirements for competency-based initial
109.19training, support, and continuing education for child protection supervisors. This
109.20developing a set of competencies specific to child protection supervisor knowledge,
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
109.23promote the use of the client's culture as a resource and the ability to integrate
109.24traditions, customs, values, and faith into service delivery.
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
109.29to counties and tribes, taking into consideration any relief to counties and tribes
109.30welfare and foster care costs, additional tribes delivering social services, and any
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
109.33protection issues by December 15, 2016.
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
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
110.20membership of the task force. The gavel shall rotate after each meeting, and the house
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
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
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.
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.
111.11CHEMICAL AND MENTAL HEALTH SERVICES
Section 1. Minnesota Statutes 2014, section 13.46, subdivision 2, is amended to read:
Subd. 2. General.
(a) Data on individuals collected, maintained, used, or
disseminated by the welfare system are private data on individuals, and shall not
(1) according to section
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney
investigation or prosecution of a criminal, civil, or administrative proceeding relating
the administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services
to an individual or family across programs; coordinate services for an individual or
evaluate the effectiveness of programs; assess parental contribution amounts;
and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section
252.27, subdivision 2a
, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this
are governed by section
270B.14, subdivision 1
. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section
, the Minnesota
working family credit under section
, the property tax refund and rental credit
, and the Minnesota education credit under section
(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for
employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections
to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103,
governed by Code of Federal Regulations, title 45, parts 160-164, including health
claims utilization information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or
individuals or persons;
(11) data maintained by residential programs as defined in section
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities
these persons if the protection and advocacy system receives a complaint by or on
of that person and the person does not have a legal guardian or the state or a designee
the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary
determine eligibility under section
136A.121, subdivision 2
, clause (5);
(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility
237.70, subdivision 4a
(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal
(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;
(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request,
local, state, or federal law enforcement officer if the officer furnishes the agency
name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for
crime or attempt to commit a crime that is a felony in the jurisdiction the member
(B) is violating a condition of probation or parole imposed under state or federal
(C) has information that is necessary for the officer to conduct an official duty
to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties;
(iii) the request is made in writing and in the proper exercise of the officer's official
(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed
law enforcement officers who, in writing, provide the name of the recipient and notify
agency that the recipient is a person required to register under section
, but is not
residing at the address at which the recipient is registered under section
(20) certain information regarding child support obligors who are in arrears may be
made public according to section
(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data
income of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section
(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board
defined in section
145A.02, subdivision 5
, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect
or at risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or
the administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section
270B.14, subdivision 1
, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;
(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
(30) child support data on the child, the parents, and relatives of the child may
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law
115.21(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
115.22necessary to coordinate services.
(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section
13.82, subdivision 5
, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but
not subject to the access provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.
Sec. 2. Minnesota Statutes 2014, section 13.46, subdivision 7, is amended to read:
Subd. 7. Mental health data.
(a) Mental health data are private data on individuals
and shall not be disclosed, except:
(1) pursuant to section
, as determined by the responsible authority for the
community mental health center, mental health division, or provider;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access to or disclosure of mental
health data or as otherwise provided by this subdivision;
(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
with the consent of the client or patient.
(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.
(c) Notwithstanding section
245.69, subdivision 2
, paragraph (f), or any other law
to the contrary, the responsible authority for a community mental health center, mental
health division of a county, or a mental health provider must disclose mental health
a law enforcement agency if the law enforcement agency provides the name of a client
patient and communicates that the:
(1) client or patient is currently involved in an emergency interaction with the law
enforcement agency; and
(2) data is necessary to protect the health or safety of the client or patient or
The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to respond to the emergency. Disclosure under this paragraph may include,
but is not limited to, the name and telephone number of the psychiatrist, psychologist,
therapist, mental health professional, practitioner, or case manager of the client
A law enforcement agency that obtains mental health data under this paragraph shall
maintain a record of the requestor, the provider of the information, and the client
name. Mental health data obtained by a law enforcement agency under this paragraph
are private data on individuals and must not be used by the law enforcement agency
any other purpose. A law enforcement agency that obtains mental health data under
paragraph shall inform the subject of the data that mental health data was obtained.
(d) In the event of a request under paragraph (a), clause (4), a community mental
health center, county mental health division, or provider must release mental health
Criminal Mental Health Court personnel in advance of receiving a copy of a consent
Criminal Mental Health Court personnel communicate that the:
(1) client or patient is a defendant in a criminal case pending in the district court;
(2) data being requested is limited to information that is necessary to assess whether
the defendant is eligible for participation in the Criminal Mental Health Court; and
(3) client or patient has consented to the release of the mental health data and a
of the consent will be provided to the community mental health center, county mental
health division, or provider within 72 hours of the release of the data.
For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental
and brain injury where a primary goal of the calendar is to assess the treatment needs
the defendants and to incorporate those treatment needs into voluntary case disposition
plans. The data released pursuant to this paragraph may be used for the sole purpose
determining whether the person is eligible for participation in mental health court.
paragraph does not in any way limit or otherwise extend the rights of the court to
release of mental health data pursuant to court order or any other means allowed by
Sec. 3. Minnesota Statutes 2014, section 62Q.55, subdivision 3, is amended to read:
Subd. 3. Emergency services.
As used in this section, "emergency services" means,
with respect to an emergency medical condition:
(1) a medical screening examination, as required under section 1867 of the Social
Security Act, that is within the capability of the emergency department of a hospital,
including ancillary services routinely available to the emergency department to evaluate
such emergency medical condition;
(2) within the capabilities of the staff and facilities available at the hospital,
further medical examination and treatment as are required under section 1867 of the
Security Act to stabilize the patient; and
117.29(3) emergency services as defined in sections 245.462, subdivision 11, and 245.4871,
Sec. 4. Minnesota Statutes 2014, section 144.293, subdivision 6, is amended to read:
Subd. 6. Consent does not expire.
Notwithstanding subdivision 4, if a patient
explicitly gives informed consent to the release of health records for the purposes
(2), or (3),
the consent does not expire after one
(1) the release of health records to a provider who is being advised or consulted
in connection with the releasing provider's current treatment of the patient;
(2) the release of health records to an accident and health insurer, health service
corporation, health maintenance organization, or third-party administrator for purposes
payment of claims, fraud investigation, or quality of care review and studies, provided
(i) the use or release of the records complies with sections
(ii) further use or release of the records in individually identifiable form to a
other than the patient without the patient's consent is prohibited; and
(iii) the recipient establishes adequate safeguards to protect the records from
unauthorized disclosure, including a procedure for removal or destruction of information
that 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
Sec. 5. Minnesota Statutes 2014, section 144.551, subdivision 1, is amended to read:
Subdivision 1. Restricted construction or modification.
(a) The following
construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction, modernization, improvement,
extension, lease, or other acquisition by or on behalf of a hospital that increases
capacity of a hospital, relocates hospital beds from one physical facility, complex,
to another, or otherwise results in an increase or redistribution of hospital beds
the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital, clinic, or other health
care facility that is a national referral center engaged in substantial programs of
care, medical research, and medical education meeting state and national needs that
receives more than 40 percent of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a health care facility held
an approved certificate of need on May 1, 1984, regardless of the date of expiration
(3) a project for which a certificate of need was denied before July 1, 1990, if a
timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by Laws 1981, chapter
200, section 2;
(5) a project involving consolidation of pediatric specialty hospital services within
the Minneapolis-St. Paul metropolitan area that would not result in a net increase
number of pediatric specialty hospital beds among the hospitals being consolidated;
(6) a project involving the temporary relocation of pediatric-orthopedic hospital
to an existing licensed hospital that will allow for the reconstruction of a new philanthropic,
pediatric-orthopedic hospital on an existing site and that will not result in a net
the number of hospital beds. Upon completion of the reconstruction, the licenses of
hospitals must be reinstated at the capacity that existed on each site before the
(7) the relocation or redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or redistribution does not
in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital
from one physical site or complex to another; or (iii) redistribution of hospital
the state or a region of the state;
(8) relocation or redistribution of hospital beds within a hospital corporate system
that involves the transfer of beds from a closed facility site or complex to an existing
or complex provided that: (i) no more than 50 percent of the capacity of the closed
is transferred; (ii) the capacity of the site or complex to which the beds are transferred
does not increase by more than 50 percent; (iii) the beds are not transferred outside
federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation
redistribution does not involve the construction of a new hospital building;
(9) a construction project involving up to 35 new beds in a psychiatric hospital in
Rice County that primarily serves adolescents and that receives more than 70 percent
patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a combined licensed capacity
of 130 beds or less if: (i) the new hospital site is located within five miles of
site; and (ii) the total licensed capacity of the replacement hospital, either at
the time of
construction of the initial building or as the result of future expansion, will not
licensed hospital beds, or the combined licensed capacity of the hospitals, whichever
(11) the relocation of licensed hospital beds from an existing state facility operated
by the commissioner of human services to a new or existing facility, building, or
operated by the commissioner of human services; from one regional treatment center
site to another; or from one building or site to a new or existing building or site
(12) the construction or relocation of hospital beds operated by a hospital having
statutory obligation to provide hospital and medical services for the indigent that
result in a net increase in the number of hospital beds, notwithstanding section
beds, of which 12 serve mental health needs, may be transferred from Hennepin County
Medical Center to Regions Hospital under this clause;
(13) a construction project involving the addition of up to 31 new beds in an existing
nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to eight new beds in an
existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a construction project involving the addition of 20 new hospital beds
used for rehabilitation services in an existing hospital in Carver County serving
southwest suburban metropolitan area. Beds constructed under this clause shall not
eligible for reimbursement under medical assistance, general assistance medical care,
(16) a project for the construction or relocation of up to 20 hospital beds for the
operation of up to two psychiatric facilities or units for children provided that
of the facilities or units have received the approval of the commissioner of human
(17) a project involving the addition of 14 new hospital beds to be used for
rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin
County that closed 20 rehabilitation beds in 2002, provided that the beds are used
for rehabilitation in the hospital's current rehabilitation building. If the beds
are used for
another purpose or moved to another location, the hospital's licensed capacity is
by 20 beds;
(19) a critical access hospital established under section
, clause (9), and
section 1820 of the federal Social Security Act, United States Code, title 42, section
1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997,
Law 105-33, to the extent that the critical access hospital does not seek to exceed
maximum number of beds permitted such hospital under federal law;
(20) notwithstanding section
, a project for the construction of a new hospital
in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
(i) the project, including each hospital or health system that will own or control
entity that will hold the new hospital license, is approved by a resolution of the
Grove City Council as of March 1, 2006;
(ii) the entity that will hold the new hospital license will be owned or controlled
one or more not-for-profit hospitals or health systems that have previously submitted
plan or plans for a project in Maple Grove as required under section
, and the
plan or plans have been found to be in the public interest by the commissioner of
as of April 1, 2005;
(iii) the new hospital's initial inpatient services must include, but are not limited
to, medical and surgical services, obstetrical and gynecological services, intensive
care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics,
behavioral health services, and emergency room services;
(iv) the new hospital:
(A) will have the ability to provide and staff sufficient new beds to meet the growing
needs of the Maple Grove service area and the surrounding communities currently being
served by the hospital or health system that will own or control the entity that will
the new hospital license;
(B) will provide uncompensated care;
(C) will provide mental health services, including inpatient beds;
(D) will be a site for workforce development for a broad spectrum of
health-care-related occupations and have a commitment to providing clinical training
programs for physicians and other health care providers;
(E) will demonstrate a commitment to quality care and patient safety;
(F) will have an electronic medical records system, including physician order entry;
(G) will provide a broad range of senior services;
(H) will provide emergency medical services that will coordinate care with regional
providers of trauma services and licensed emergency ambulance services in order to
enhance the continuity of care for emergency medical patients; and
(I) will be completed by December 31, 2009, unless delayed by circumstances
beyond the control of the entity holding the new hospital license; and
(v) as of 30 days following submission of a written plan, the commissioner of health
has not determined that the hospitals or health systems that will own or control the
that will hold the new hospital license are unable to meet the criteria of this clause;
(21) a project approved under section
(22) a project for the construction of a hospital with up to 25 beds in Cass County
within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's
license holder is approved by the Cass County Board;
(23) a project for an acute care hospital in Fergus Falls that will increase the bed
capacity from 108 to 110 beds by increasing the rehabilitation bed capacity from 14
and closing a separately licensed 13-bed skilled nursing facility;
(24) notwithstanding section
, a project for the construction and expansion
of a specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively
patients who are under 21 years of age on the date of admission. The commissioner
conducted a public interest review of the mental health needs of Minnesota and the
Cities metropolitan area in 2008. No further public interest review shall be conducted
the construction or expansion project under this clause;
(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls,
the commissioner finds the project is in the public interest after the public interest
conducted under section
is complete; or
122.10(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in
122.11city of Maple Grove, exclusively for patients who are under 21 years of age on the
122.12admission, if the commissioner finds the project is in the public interest after the
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
122.17(iii) if the project ceases to participate in the continuing care benefit program,
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
122.20months from the date of that finding. If the commissioner of human services terminates
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,
122.23the project may cease to participate in the continuing care benefit program and continue
122.24operate without a subsequent public interest review
Sec. 6. Minnesota Statutes 2014, section 145.56, subdivision 2, is amended to read:
Subd. 2. Community-based programs.
To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall establish a grant program to
(1) community-based programs to provide education, outreach, and advocacy
services to populations who may be at risk for suicide;
(2) community-based programs that educate community helpers and gatekeepers,
such as family members, spiritual leaders, coaches, and business owners, employers,
coworkers on how to prevent suicide by encouraging help-seeking behaviors;
(3) community-based programs that educate populations at risk for suicide and
community helpers and gatekeepers that must include information on the symptoms
of depression and other psychiatric illnesses, the warning signs of suicide, skills
preventing suicides, and making or seeking effective referrals to intervention and
(4) community-based programs to provide evidence-based suicide prevention and
intervention education to school staff, parents, and students in grades kindergarten
12, 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
Sec. 7. Minnesota Statutes 2014, section 145.56, subdivision 4, is amended to read:
Subd. 4. Collection and reporting suicide data. (a)
The commissioner shall
coordinate with federal, regional, local, and other state agencies to collect, analyze,
annually issue a public report on Minnesota-specific data on suicide and suicidal
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
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
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
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.
Sec. 8. Minnesota Statutes 2014, section 245.4661, subdivision 5, is amended to read:
Subd. 5. Planning for pilot projects.
(a) Each local plan for a pilot project, with
the exception of the placement of a Minnesota specialty treatment facility as defined
paragraph (c), must be developed under the direction of the county board, or multiple
county boards acting jointly, as the local mental health authority. The planning process
for each pilot shall include, but not be limited to, mental health consumers, families,
advocates, local mental health advisory councils, local and state providers, representatives
of state and local public employee bargaining units, and the department of human services.
As part of the planning process, the county board or boards shall designate a managing
entity responsible for receipt of funds and management of the pilot project.
(b) For Minnesota specialty treatment facilities, the commissioner shall issue a
request for proposal for regions in which a need has been identified for services.
(c) For purposes of this section, "Minnesota specialty treatment facility" is defined
as an intensive
rehabilitative mental health residential treatment
service under section
2, paragraph (b).
Sec. 9. Minnesota Statutes 2014, section 245.4661, subdivision 6, is amended to read:
Subd. 6. Duties of commissioner.
(a) For purposes of the pilot projects, the
commissioner shall facilitate integration of funds or other resources as needed and
requested by each project. These resources may include:
(1) community support services funds administered under Minnesota Rules, parts
9535.1700 to 9535.1760;
(2) other mental health special project funds;
(3) medical assistance, general assistance medical care, MinnesotaCare and group
residential housing if requested by the project's managing entity, and if the commissioner
determines this would be consistent with the state's overall health care reform efforts; and
(4) regional treatment center resources consistent with section
124.21 (5) funds transferred from section
246.18, subdivision 8 , for grants to providers to
124.22 participate in mental health specialty treatment services, awarded to providers through
124.23 a request for proposal process.
(b) The commissioner shall consider the following criteria in awarding start-up and
implementation grants for the pilot projects:
(1) the ability of the proposed projects to accomplish the objectives described in
(2) the size of the target population to be served; and
(3) geographical distribution.
(c) The commissioner shall review overall status of the projects initiatives at least
every two years and recommend any legislative changes needed by January 15 of each
(d) The commissioner may waive administrative rule requirements which are
incompatible with the implementation of the pilot project.
(e) The commissioner may exempt the participating counties from fiscal sanctions
for noncompliance with requirements in laws and rules which are incompatible with
implementation of the pilot project.
(f) The commissioner may award grants to an entity designated by a county board or
group of county boards to pay for start-up and implementation costs of the pilot project.
Sec. 10. Minnesota Statutes 2014, section 245.4661, is amended by adding a
subdivision 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
Sec. 11. Minnesota Statutes 2014, section 245.4661, is amended by adding a
subdivision 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
126.11the attention of the commissioner, and outcome data for the programs and services
126.12were funded; and
126.13 (2) the amount of funding for other targeted services and the location of services.
Sec. 12. Minnesota Statutes 2014, section 245.467, subdivision 6, is amended to read:
Subd. 6. Restricted access to data.
The county board shall establish procedures
to ensure that the names and addresses of persons receiving mental health services
disclosed only to:
(1) county employees who are specifically responsible for determining county of
financial responsibility or making payments to providers;
(2) staff who provide treatment services or case management and their clinical
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.
Release of mental health data on individuals submitted under subdivisions 4 and 5,
to persons other than those specified in this subdivision, or use of this data for
other than those stated in subdivisions 4 and 5, results in civil or criminal liability
the standards in section
Sec. 13. Minnesota Statutes 2014, section 245.4876, subdivision 7, is amended to read:
Subd. 7. Restricted access to data.
The county board shall establish procedures
to ensure that the names and addresses of children receiving mental health services
their families are disclosed only to:
(1) county employees who are specifically responsible for determining county of
financial responsibility or making payments to providers;
(2) staff who provide treatment services or case management and their clinical
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.
Release of mental health data on individuals submitted under subdivisions 5 and 6,
to persons other than those specified in this subdivision, or use of this data for
other than those stated in subdivisions 5 and 6, results in civil or criminal liability
Sec. 14. Minnesota Statutes 2014, section 245.4889, subdivision 1, is amended to read:
Subdivision 1. Establishment and authority.
(a) The commissioner is authorized
to make grants from available appropriations to assist:
(2) Indian tribes;
(3) children's collaboratives under section
(4) mental health service providers
for providing services to children with emotional disturbances as defined in section
127.17 245.4871, subdivision 15 , and their families. The commissioner may also authorize
127.18 grants to young adults meeting the criteria for transition services in section
127.19 subdivision 8, and their families
(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
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
127.31 (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
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
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
128.10first episode of psychosis, and a public awareness campaign on the signs and symptoms
128.12 (16) psychiatric consultation for primary care practitioners.
Services under paragraph
must be designed to help each child to function
and remain with the child's family in the community and delivered consistent with
child's treatment plan. Transition services to eligible young adults under paragraph
must be designed to foster independent living in the community.
Sec. 15. Minnesota Statutes 2014, section 245.4889, is amended by adding a
subdivision 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
128.25 (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
128.27services that were funded; and
128.28 (2) the amount of funding for other targeted services and the location of services.
Sec. 16. [245.735] EXCELLENCE IN MENTAL HEALTH DEMONSTRATION
128.31 Subdivision 1. Excellence in Mental Health demonstration project. The
128.32commissioner shall develop and execute projects to reform the mental health system
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,
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
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
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
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
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
129.26health clinics, Department of Veterans Affairs medical centers, outpatient clinics,
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
129.30services, including risk assessments and level of care determinations; patient-centered
129.31treatment planning; outpatient mental health and substance use services; targeted
129.32management; psychiatric rehabilitation services; peer support and counselor services
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
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
130.6certified community behavioral health clinics, in accordance with guidance issued
130.7before September 1, 2015, by the Centers for Medicare and Medicaid Services. During
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.
Sec. 17. Minnesota Statutes 2014, section 246.18, subdivision 8, is amended to read:
Subd. 8. State-operated services account.
(a) The state-operated services account is
established in the special revenue fund. Revenue generated by new state-operated services
listed under this section established after July 1, 2010, that are not enterprise
be deposited into the state-operated services account, unless otherwise specified
(1) intensive residential treatment services;
(2) foster care services; and
(3) psychiatric extensive recovery treatment services.
(b) Funds deposited in the state-operated services account are
to the commissioner of human services for the purposes of:
(1) providing services needed to transition individuals from institutional settings
within state-operated services to the community when those services have no other
adequate funding source; and
grants to providers participating in mental health specialty treatment services
130.31 under section
245.4661 ; and
to fund the operation of the intensive residential treatment service program in
Sec. 18. Minnesota Statutes 2014, section 253B.18, subdivision 4c, is amended to read:
Subd. 4c. Special review board.
(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced
in the field of mental illness. One member of each special review board panel shall
psychiatrist or a doctoral level psychologist with forensic experience and one member
shall be an attorney. No member shall be affiliated with the Department of Human
Services. The special review board shall meet at least every six months and at the
the commissioner. It shall hear and consider all petitions for a reduction in custody
appeal a revocation of provisional discharge. A "reduction in custody" means transfer
from a secure treatment facility, discharge, and provisional discharge. Patients may
transferred by the commissioner between secure treatment facilities without a special
review board hearing.
Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.
(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.
131.16on the cases before the board in the previous year, the special review board shall
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.
A petition filed by a person committed as mentally ill and dangerous to the
public under this section must be heard as provided in subdivision 5 and, as applicable,
subdivision 13. A petition filed by a person committed as a sexual psychopathic personality
or as a sexually dangerous person under chapter 253D, or committed as both mentally ill
and dangerous to the public under this section and as a sexual psychopathic personality
as a sexually dangerous person must be heard as provided in section
131.25EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 19. Minnesota Statutes 2014, section 253B.18, subdivision 5, is amended to read:
Subd. 5. Petition; notice of hearing; attendance; order.
(a) A petition for
a reduction in custody or revocation of provisional discharge shall be filed with
commissioner and may be filed by the patient or by the head of the treatment facility.
patient may not petition the special review board for six months following commitment
under subdivision 3 or following the final disposition of any previous petition and
subsequent 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
131.34special review board in the previous three years, and schedule a hearing at least
131.35three years thereafter.
The medical director may petition at any time.
(b) Fourteen days prior to the hearing, the committing court, the county attorney
the county of commitment, the designated agency, interested person, the petitioner,
the petitioner's counsel shall be given written notice by the commissioner of the
place of the hearing before the special review board. Only those entitled to statutory
of the hearing or those administratively required to attend may be present at the
The patient may designate interested persons to receive notice by providing the names
and addresses to the commissioner at least 21 days before the hearing. The board shall
provide the commissioner with written findings of fact and recommendations within
days of the hearing. The commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A copy of the order shall
mailed to every person entitled to statutory notice of the hearing within five days
is signed. No order by the commissioner shall be effective sooner than 30 days after
order is signed, unless the county attorney, the patient, and the commissioner agree
it may become effective sooner.
(c) The special review board shall hold a hearing on each petition prior to making
its recommendation to the commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency receiving notice that
submits documentary evidence to the special review board prior to the hearing shall
provide copies to the patient, the patient's counsel, the county attorney of the county
commitment, the case manager, and the commissioner.
(d) Prior to the final decision by the commissioner, the special review board may
reconvened to consider events or circumstances that occurred subsequent to the hearing.
(e) In making their recommendations and order, the special review board and
commissioner must consider any statements received from victims under subdivision
132.25EFFECTIVE DATE.This section is effective January 1, 2016, with hearings
132.26starting no later than February 1, 2016.
Sec. 20. Minnesota Statutes 2014, section 254B.05, subdivision 5, as amended by
Laws 2015, chapter 21, article 1, section 52, is amended to read:
Subd. 5. Rate requirements.
(a) The commissioner shall establish rates for
chemical dependency services and service enhancements funded under this chapter.
(b) Eligible chemical dependency treatment services include:
(1) outpatient treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license;
(2) medication-assisted therapy services that are licensed according to Minnesota
Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
(3) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (2) and provide nine hours of clinical services each week;
(4) high, medium, and low intensity residential treatment services that are licensed
according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
tribal license which provide, respectively, 30, 15, and five hours of clinical services
(5) hospital-based treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital
(6) adolescent treatment programs that are licensed as outpatient treatment programs
according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430
2960.0490, or applicable tribal license;
(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
133.18most complex and difficult care needs, and are a potential threat to the community;
room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the
requirements of paragraph (b) and the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during hours of treatment activity that meets the
requirements in Minnesota Rules, part 9530.6490, or section
245A.03, subdivision 2
(ii) arranges for off-site child care during hours of treatment activity at a facility
is licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502;
(2) culturally specific programs as defined in section
254B.01, subdivision 4a
, if the
program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;
(3) programs that offer medical services delivered by appropriately credentialed
health care staff in an amount equal to two hours per client per week if the medical
needs of the client and the nature and provision of any medical services provided
documented in the client file; and
(4) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:
(i) the program meets the co-occurring requirements in Minnesota Rules, part
(ii) 25 percent of the counseling staff are licensed mental health professionals,
defined in section
245.462, subdivision 18
, clauses (1) to (6), or are students or licensing
candidates under the supervision of a licensed alcohol and drug counselor supervisor
licensed mental health professional, except that no more than 50 percent of the mental
health staff may be students or licensing candidates with time documented to be directly
related to provisions of co-occurring services;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a
monthly review for each client that, at a minimum, includes a licensed mental health
professional and licensed alcohol and drug counselor, and their involvement in the
(v) family education is offered that addresses mental health and substance abuse
disorders and the interaction between the two; and
(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation
the chemical dependency facility of the child care provider's current licensure to
child care services. Programs that provide child care according to paragraph (c),
(1), must be deemed in compliance with the licensing requirements in Minnesota Rules,
(e) Adolescent residential programs that meet the requirements of Minnesota
Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the
requirements in paragraph (c), clause (4), items (i) to (iv).
Sec. 21. Minnesota Statutes 2014, section 254B.12, subdivision 2, is amended to read:
Subd. 2. Payment methodology for highly specialized vendors.
Notwithstanding subdivision 1, the commissioner shall seek federal authority to develop
separate payment methodologies for chemical dependency treatment services provided
under the consolidated chemical dependency treatment fund: (1) by a state-operated
vendor; or (2) for persons who have been civilly committed to the commissioner, present
the most complex and difficult care needs, and are a potential threat to the community.
payment methodology under this subdivision is effective for services provided on or
October 1, 2015, or on or after the receipt of federal approval, whichever is later.
(b) Before implementing an approved payment methodology under paragraph
135.4 (a), the commissioner must also receive any necessary legislative approval of required
135.5 changes to state law or funding.
Sec. 22. Minnesota Statutes 2014, section 256B.0615, subdivision 3, is amended to read:
Subd. 3. Eligibility.
Peer support services may be made available to consumers
of (1) intensive
rehabilitative mental health residential treatment
services under section
; (2) adult rehabilitative mental health services under section
(3) crisis stabilization and mental health mobile crisis intervention services under
Sec. 23. Minnesota Statutes 2014, section 256B.0622, subdivision 1, is amended to read:
Subdivision 1. Scope.
Subject to federal approval, medical assistance covers
intensive nonresidential assertive community treatment
rehabilitative mental health treatment
services as defined in subdivision 2, for
recipients as defined in subdivision 3, when the services are provided by an entity
the standards in this section.
Sec. 24. Minnesota Statutes 2014, section 256B.0622, subdivision 2, is amended to read:
Subd. 2. Definitions.
For purposes of this section, the following terms have the
meanings given them.
"Intensive nonresidential rehabilitative mental health services" means adult
135.22 rehabilitative mental health services as defined in section
256B.0623, subdivision 2 ,
135.23 paragraph (a), except that these services are provided by a multidisciplinary staff
135.24 a total team approach consistent with assertive community treatment, the Fairweather
135.25 Lodge treatment model, as defined by the standards established by the National Coalition
135.26 for Community Living, and other evidence-based practices, and directed to recipients
135.27 a 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
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.
(b) "Intensive residential
rehabilitative mental health treatment
short-term, time-limited services provided in a residential setting to recipients
in need of more restrictive settings and are at risk of significant functional deterioration
if they do not receive these services. Services are designed to develop and enhance
psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills
in a more independent setting. Services must be directed toward a targeted discharge
date with specified client outcomes
and must be consistent with the Fairweather Lodge
136.11 treatment model as defined in paragraph (a), and other evidence-based practices
(c) "Evidence-based practices" are nationally recognized mental health services that
are proven by substantial research to be effective in helping individuals with serious
mental illness obtain specific treatment goals.
(d) "Overnight staff" means a member of the intensive residential rehabilitative
mental health treatment team who is responsible during hours when recipients are
(e) "Treatment team" means all staff who provide services under this section to
recipients. At a minimum, this includes the clinical supervisor, mental health professionals
as defined in section
245.462, subdivision 18
, clauses (1) to (6); mental health practitioners
as defined in section
245.462, subdivision 17
; mental health rehabilitation workers under
256B.0623, subdivision 5
, clause (3); and certified peer specialists under section
Sec. 25. Minnesota Statutes 2014, section 256B.0622, subdivision 3, is amended to read:
Subd. 3. Eligibility.
An eligible recipient is an individual who:
(1) is age 18 or older;
(2) is eligible for medical assistance;
(3) is diagnosed with a mental illness;
(4) because of a mental illness, has substantial disability and functional impairment
in three or more of the areas listed in section
245.462, subdivision 11a
, so that
self-sufficiency is markedly reduced;
(5) has one or more of the following: a history of
two or more recurring or prolonged
inpatient hospitalizations in the past year, significant independent living instability,
homelessness, or very frequent use of mental health and related services yielding
(6) in the written opinion of a licensed mental health professional, has the need
mental health services that cannot be met with other available community-based services,
or is likely to experience a mental health crisis or require a more restrictive setting
intensive rehabilitative mental health services are not provided.
Sec. 26. Minnesota Statutes 2014, section 256B.0622, subdivision 4, is amended to read:
Subd. 4. Provider certification and contract requirements.
137.7 nonresidential rehabilitative mental health services assertive community treatment
(1) have a contract with the host county to provide intensive adult rehabilitative
mental health services; and
(2) be certified by the commissioner as being in compliance with this section and
(b) The intensive residential
rehabilitative mental health treatment
(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;
(2) not exceed 16 beds per site;
(3) comply with the additional standards in this section; and
(4) have a contract with the host county to provide these services.
(c) The commissioner shall develop procedures for counties and providers to submit
contracts and other documentation as needed to allow the commissioner to determine
whether the standards in this section are met.
Sec. 27. Minnesota Statutes 2014, section 256B.0622, subdivision 5, is amended to read:
Subd. 5. Standards applicable to both
nonresidential assertive community
137.24treatment and residential providers.
(a) Services must be provided by qualified staff as
defined in section
256B.0623, subdivision 5
, who are trained and supervised according to
256B.0623, subdivision 6
, except that mental health rehabilitation workers acting
as overnight staff are not required to comply with section
256B.0623, subdivision 5
(3) (4), item
(b) The clinical supervisor must be an active member of the treatment team. The
treatment team must meet with the clinical supervisor at least weekly to discuss recipients'
progress and make rapid adjustments to meet recipients' needs. The team meeting shall
include recipient-specific case reviews and general treatment discussions among team
members. Recipient-specific case reviews and planning must be documented in the
individual recipient's treatment record.
(c) Treatment staff must have prompt access in person or by telephone to a mental
health practitioner or mental health professional. The provider must have the capacity
promptly and appropriately respond to emergent needs and make any necessary staffing
adjustments to assure the health and safety of recipients.
(d) The initial functional assessment must be completed within ten days of intake
and 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
service, whichever comes first.
(e) The initial individual treatment plan must be completed within ten days of intake
and for assertive community treatment and within 24 hours of admission for intensive
138.11residential treatment services. Within ten days of admission, the initial treatment
138.12must be refined and further developed for intensive residential treatment services,
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
with the recipient for intensive residential treatment services and at least every
138.16six months for assertive community treatment
Sec. 28. Minnesota Statutes 2014, section 256B.0622, subdivision 7, is amended to read:
Subd. 7. Additional standards for
nonresidential services assertive community
The standards in this subdivision apply to
138.20 rehabilitative mental health assertive community treatment
(1) The treatment team must use team treatment, not an individual treatment model.
(2) The clinical supervisor must function as a practicing clinician at least on a
(3) The staffing ratio must not exceed ten recipients to one full-time equivalent
treatment team position.
(4) Services must be available at times that meet client needs.
(5) The treatment team must actively and assertively engage and reach out to the
recipient's family members and significant others, after obtaining the recipient's
(6) The treatment team must establish ongoing communication and collaboration
between the team, family, and significant others and educate the family and significant
others about mental illness, symptom management, and the family's role in treatment.
(7) The treatment team must provide interventions to promote positive interpersonal
Sec. 29. Minnesota Statutes 2014, section 256B.0622, subdivision 8, is amended to read:
Subd. 8. Medical assistance payment for intensive rehabilitative mental health
(a) Payment for intensive
and nonresidential treatment
139.3and assertive community treatment
in this section shall be based on one daily rate per
provider inclusive of the following services received by an eligible recipient in
calendar day: all rehabilitative services under this section, staff travel time to
rehabilitative services under this section, and nonresidential crisis stabilization
(b) Except as indicated in paragraph (c), payment will not be made to more than one
entity for each recipient for services provided under this section on a given day.
under this section are provided by a team that includes staff from more than one entity,
team must determine how to distribute the payment among the members.
(c) The commissioner shall determine one rate for each provider that will bill
medical assistance for residential services under this section and one rate for each
nonresidential assertive community treatment
provider. If a single entity provides both
services, one rate is established for the entity's residential services and another
rate for the
entity's nonresidential services under this section. A provider is not eligible for
under this section without authorization from the commissioner. The commissioner shall
develop rates using the following criteria:
(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
program costs, and other costs determined as follows:
(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;
(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities
provide similar services;
in situations where a provider of intensive residential services can demonstrate
139.30 actual program-related physical plant costs in excess of the group residential housing
139.31 reimbursement, the commissioner may include these costs in the program rate, so long
139.32 as the additional reimbursement does not subsidize the room and board expenses of
139.33 program 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
intensive nonresidential services assertive community treatment
costs must be reimbursed as part of the costs described in item (ii); and
(v) subject to federal approval,
up to an additional five percent of the total rate
be added to the program rate as a quality incentive based upon the entity meeting
performance criteria specified by the commissioner;
actual cost is defined as costs which are allowable, allocable, and reasonable,
and consistent with federal reimbursement requirements under Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and Office
Management and Budget Circular Number A-122, relating to nonprofit entities;
the number of service units;
the degree to which recipients will receive services other than services under
this section; and
the costs of other services that will be separately reimbursed
140.14 (7) input from the local planning process authorized by the adult mental health
140.15 initiative under section
245.4661 , regarding recipients' service needs.
(d) The rate for intensive
rehabilitative mental health residential treatment
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
hospitalization, home care, and inpatient services.
Physician services that are not separately billed may be included in the rate to the
extent 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.
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.
When services under this section are provided by an
140.28 service assertive community treatment
provider, case management functions must be an
integral part of the team.
The rate for a provider must not exceed the rate charged by that provider for
the same service to other payors.
The rates for existing programs must be established prospectively based upon
the expenditures and utilization over a prior 12-month period using the criteria established
in paragraph (c). The rates for new programs must be established based upon estimated
140.35expenditures and estimated utilization using the criteria established in paragraph
Entities who discontinue providing services must be subject to a settle-up
process whereby actual costs and reimbursement for the previous 12 months are
compared. In the event that the entity was paid more than the entity's actual costs
any applicable performance-related funding due the provider, the excess payment must
be reimbursed to the department. If a provider's revenue is less than actual allowed
due to lower utilization than projected, the commissioner may reimburse the provider
recover its actual allowable costs. The resulting adjustments by the commissioner
be proportional to the percent of total units of service reimbursed by the commissioner
141.9and must reflect a difference of greater than five percent
A provider may request of the commissioner a review of any rate-setting
decision made under this subdivision.
Sec. 30. Minnesota Statutes 2014, section 256B.0622, subdivision 9, is amended to read:
Subd. 9. Provider enrollment; rate setting for county-operated entities.
that employ their own staff to provide services under this section shall apply directly
the commissioner for enrollment and rate setting. In this case, a county contract
and the commissioner shall perform the program review and rate setting duties
141.17 which would otherwise be required of counties under this section
Sec. 31. Minnesota Statutes 2014, section 256B.0622, subdivision 10, is amended to
Subd. 10. Provider enrollment; rate setting for specialized program.
141.21contract is not required for a
provider proposing to serve a subpopulation of eligible
may bypass the county approval procedures in this section and receive approval
141.23 for provider enrollment and rate setting directly from the commissioner
(1) the provider demonstrates that the subpopulation to be served requires a
specialized program which is not available from county-approved entities; and
(2) the subpopulation to be served is of such a low incidence that it is not feasible
develop a program serving a single county or regional group of counties.
For providers meeting the criteria in clauses (1) and (2), the commissioner shall
141.30 perform the program review and rate setting duties which would otherwise be required
141.31 counties under this section.
Sec. 32. Minnesota Statutes 2014, section 256B.0622, is amended by adding a
subdivision 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.
Sec. 33. Minnesota Statutes 2014, section 256B.0624, subdivision 7, is amended to read:
Subd. 7. Crisis stabilization services.
(a) Crisis stabilization services must be
provided by qualified staff of a crisis stabilization services provider entity and
the following standards:
(1) a crisis stabilization treatment plan must be developed which meets the criteria
in subdivision 11;
(2) staff must be qualified as defined in subdivision 8; and
(3) services must be delivered according to the treatment plan and include
face-to-face contact with the recipient by qualified staff for further assessment,
referrals, updating of the crisis stabilization treatment plan, supportive counseling,
training, and collaboration with other service providers in the community.
(b) If crisis stabilization services are provided in a supervised, licensed residential
setting, the recipient must be contacted face-to-face daily by a qualified mental
practitioner or mental health professional. The program must have 24-hour-a-day
residential staffing which may include staff who do not meet the qualifications in
subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone
access to a qualified mental health professional or practitioner.
(c) If crisis stabilization services are provided in a supervised, licensed residential
setting that serves no more than four adult residents, and
no more than two are recipients
142.23 of 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
hours per day, at least one individual who meets the qualifications in subdivision
142.26paragraph (a), clause (1) or (2)
(d) If crisis stabilization services are provided in a supervised, licensed residential
setting that serves more than four adult residents, and one or more are recipients
stabilization services, the residential staff must include, for 24 hours a day, at
individual who meets the qualifications in subdivision 8. During the first 48 hours
recipient is in the residential program, the residential program must have at least
working 24 hours a day. Staffing levels may be adjusted thereafter according to the
of the recipient as specified in the crisis stabilization treatment plan.
Sec. 34. Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision 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
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
143.10Code of Federal Regulations, title 42, sections 441.151 to 441.182, to individuals
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
143.15(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
143.17residential treatment facility services providers through a request for proposals
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
143.21of statutes when federal approval is obtained.
Sec. 35. Minnesota Statutes 2014, section 256B.0625, subdivision 48, is amended to
Subd. 48. Psychiatric consultation to primary care practitioners.
assistance covers consultation provided by a psychiatrist, a psychologist,
practice registered nurse certified in psychiatric mental health, a licensed independent
143.27clinical social worker, as defined in section 245.462, subdivision 18, clause (2),
143.28licensed marriage and family therapist, as defined in section 245.462, subdivision
via telephone, e-mail, facsimile, or other means of communication to primary
care practitioners, including pediatricians. The need for consultation and the receipt
consultation must be documented in the patient record maintained by the primary care
practitioner. If the patient consents, and subject to federal limitations and data
provisions, the consultation may be provided without the patient present.
Sec. 36. [256B.7631] CHEMICAL DEPENDENCY PROVIDER RATE
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
144.5the rates in effect on January 1, 2014, for vendors who meet the requirements of section
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.
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
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
144.20the report any recommendations for legislative changes needed to implement the reform
144.21projects specified in Minnesota Statutes, section 245.735, subdivision 3.
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
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
144.32report, the commissioner shall consult with stakeholders and with outside experts
144.33Medicaid financing. The commissioner shall provide a report on the analysis to the
145.1of the legislative committees with jurisdiction over health and human services finance
145.2by January 1, 2017.
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
145.7fiscal impact, including the estimated savings, resulting from the modifications to
145.8Practices Act in the 2015 legislative session, permitting the sharing of public welfare
145.9and allowing the exchange of health records between providers to the extent necessary
145.10coordinate services and care for clients enrolled in public health care programs.
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,
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.
Sec. 41. COMPREHENSIVE MENTAL HEALTH PROGRAM IN BELTRAMI
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
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
145.28under this section cannot be used for any purpose that could be funded with state
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
146.7(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
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
146.19is expended, by November 1, 2017.
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
146.25(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
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
146.35an inpatient psychiatric unit within 90 miles, or have a demonstrated need based on
147.1number of crisis residential or intensive residential treatment beds available to
147.2needs of the residents in the region. At least 50 percent of the funds must be distributed
147.3programs in rural Minnesota. Grant funds may be used for start-up costs, including
147.4limited to renovations, furnishings, and staff training. Grant applications shall
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.
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
147.10allow for timely access without requiring county authorization or child welfare placement.
147.12WITHDRAWAL MANAGEMENT PROGRAMS
Section 1. [245F.01] PURPOSE.
147.14It is hereby declared to be the public policy of this state that the public interest
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
147.18responsive to the language and cultural needs of each patient. Services shall not
147.19on the basis of a patient's inability to pay.
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
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
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
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
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
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
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
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
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
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.
149.3registered nurse must be on site 24 hours a day. A medical director must be on site
149.4days a week, and patients must have the ability to be seen by a medical director within
149.5hours. Patients admitted to this level of service receive medical observation, evaluation,
149.6and stabilization services during the detoxification process; medications administered
149.7trained, licensed staff to manage withdrawal; and a comprehensive assessment pursuant
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,
149.21 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
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,
149.30individual licensed in Minnesota as an advanced practice registered nurse by the Board
149.31Nursing and certified to practice as a clinical nurse specialist or nurse practitioner
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
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
150.3Minnesota. The responsible staff person must be on the premises and is authorized
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
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
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
150.21a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under
150.22chapter is deemed to be in compliance with section 245F.13.
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,
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
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
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
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.
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
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
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
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,
152.6(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
152.11request of the county of fiscal responsibility, as determined according to section
152.12subdivision 4. Individuals admitted according to this clause must not be restricted
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
152.23referred. If the individual did not receive a referral, the program must document
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
152.29the patient's or individual's health or requires immediate medical intervention, the
152.30holder must refer the patient or individual to a medical facility capable of admitting
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,
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
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
153.11(3) procedures staff must follow when discharging a patient under each of the
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
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),
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
153.24provided a referral.
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
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
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
154.6its contents must be reviewed to ensure the assessment is accurate and current and
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
154.9document that the review was completed and that the previously completed assessment
154.10accurate and current, or the license holder must complete an updated or new assessment.
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
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
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
154.21(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
155.9(4) any service that will continue after discharge under the direction of the license
155.11(5) a stabilization summary and final evaluation of the patient's progress toward
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,
155.16encourage all patients to enter programs for ongoing recovery as clinically indicated.
155.17addition, the license holder must offer services that are patient-centered, trauma-informed,
155.18and culturally appropriate. Culturally appropriate services must include translation
155.19and dietary services that meet a patient's dietary needs. All services provided to
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
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
155.34(2) coordination with and follow-up to appropriate medical services as identified
155.35the nurse or licensed practitioner;
156.1(3) referral to substance use disorder services as indicated by the comprehensive
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
156.10(8) addressing cultural and socioeconomic factors affecting the patient's access to
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
156.15finding resources that will help locate housing, job search resources, and assistance
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,
156.32 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
156.34to the extent available in the community.
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
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
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
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
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
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
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
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
158.8the patient to be readily observed without being interrupted;
158.9(iii) seclusion must be authorized by the program director, a licensed physician,
158.10a registered nurse. If one of these individuals is not present in the facility, the
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,
158.21the room meets normal standards of care for the purpose and if the room is not locked;
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
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,
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
158.31(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.
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
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
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
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.
160.3review must include:
160.4(1) any patterns or problems indicated by similarities in the time of day, day of
160.5week, duration of the use of a protective procedure, individuals involved, or other
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
160.11(5) an assessment of opportunities missed to avoid the use of protective procedures;
160.13(6) proposed actions to be taken to minimize the use of protective procedures.
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
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.
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
160.26program's receipt of the grievance, and timelines for additional steps to be taken
160.27the grievance, including access to the person with the highest level of authority
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.
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
161.4assure that program activities and the rights of other patients are not infringed,
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
161.9trust at discharge, regardless of discharge status, except that:
161.10(i) drugs, drug paraphernalia, and drug containers that are subject to forfeiture
161.11section 609.5316 must be given over to the custody of a local law enforcement agency
161.12if giving the property over to the custody of a local law enforcement agency would
161.13Code of Federal Regulations, title 42, sections 2.1 to 2.67, and title 45, parts 160
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
161.17notified of the transfer and the right to reclaim the property if the patient has
a legal right
161.18to possess the item.
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
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,
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
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
162.6 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
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
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
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
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
163.18drugs, as defined in section 152.02, subdivision 3, must be stored in a separately
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
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
163.31responsible for all aspects of the facility and the services delivered to the license
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
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
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
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
164.22(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,
164.30 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
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,
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
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
165.14subdivisions 3 and 6 and must inform admitting staff of the current staffed capacity
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
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
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
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
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,
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;
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
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;
166.30(4) knowledge of and ability to perform basic activities of daily living and personal
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
167.6 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
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
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
167.17patient's admission. If a personal relationship exists, the staff member must report
167.18relationship to the staff member's supervisor and recuse the staff member from a clinical
167.19relationship with that patient.
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
167.24(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
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,
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
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
168.16program policies and procedures, patient needs, and the areas identified in subdivision
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
168.33(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
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,
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
169.11(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
169.15(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,
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
169.33individual staff person's duties.
Sec. 17. [245F.17] PERSONNEL FILES.
170.1A license holder must maintain a separate personnel file for each staff member. At
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
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,
170.8(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.
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
170.17(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
170.21(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
170.28by section 245A.65;
170.29(8) procedures for mandatory reporting as required by sections 245A.65, 626.556,
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.
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
171.5in compliance with chapter 13 and section 254A.09; Code of Federal Regulations, title
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
171.17(5) documentation of referrals made; and
171.18(6) documentation of the monitoring and observations of the patient's medical needs.
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
171.23be trained by the license holder with the DAANES Web manual.
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
171.27by a tribe or tribal organization operating under Public Law 93-638 as a 638 facility.
171.28commissioner shall seek federal approval for the methodology. Upon federal approval,
171.29commissioner must seek and obtain legislative approval of the funding methodology
171.30support the service.
171.32DIRECT CARE AND TREATMENT
Section 1. Minnesota Statutes 2014, section 43A.241, is amended to read:
172.143A.241 INSURANCE CONTRIBUTIONS; FORMER
(a) This section applies to a person who:
(1) was employed by the commissioner of the Department of Corrections
at a state
172.5 institution under control of the commissioner, and in that employment was a member
172.6 of the general plan of the Minnesota State Retirement System; or by the Department
172.7of Human Services;
(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:
an inmate at a state institution under control of the commissioner of the Department
172.13 of 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
172.16the commissioner of the Department of Human Services
(3) (4) as a direct result of the assault under clause (3),
was determined to be
totally and permanently physically
disabled under laws governing the Minnesota State
(b) For a person to whom this section applies, the commissioner of the Department
of Corrections or the commissioner of the Department of Human Services
to make the employer contribution for
and dental benefits under the
State Employee Group Insurance Program after the person terminates state service.
the person had dependent coverage at the time of terminating state service, employer
contributions for dependent coverage also must continue under this section. The employer
contributions must be in the amount of the employer contribution for active state
employees at the time each payment is made. The employer contributions must continue
until the person reaches age 65, provided the person makes the required employee
contributions, in the amount required of an active state employee, at the time and
the 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
Sec. 2. Minnesota Statutes 2014, section 246.54, subdivision 1, is amended to read:
Subdivision 1. County portion for cost of care.
(a) Except for chemical
dependency services provided under sections
, the client's county
shall pay to the state of Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally settled in that county.
county's payment shall be made from the county's own sources of revenue and payments
shall equal a percentage of the cost of care, as determined by the commissioner, for
day, or the portion thereof, that the client spends at a regional treatment center
or a state
nursing facility according to the following schedule:
(1) zero percent for the first 30 days;
(2) 20 percent for days 31
to 60 and over if the stay is determined to be clinically
173.9appropriate for the client
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
173.12for the client to be discharged
(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
173.15 appropriate for the client to be discharged.
173.16 (c) (b)
If payments received by the state under sections
80 percent of the cost of care for days over
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
for paying the state only the remaining amount. The county shall not be entitled to
reimbursement from the client, the client's estate, or from the client's relatives,
provided in section
173.23SIMPLIFICATION OF PUBLIC ASSISTANCE PROGRAMS
Section 1. Minnesota Statutes 2014, section 119B.011, subdivision 15, is amended to
Subd. 15. Income.
"Income" means earned
received by all
173.27 family 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
and, including the Minnesota family investment program, diversionary work program,
173.30work benefit, Minnesota supplemental aid, general assistance, refugee cash assistance,
at-home infant child care subsidy payments,
unless specifically excluded
and child support
and maintenance distributed to the family under section
256.741, subdivision 15
from income: funds used to pay for health insurance
premiums for family members,
Supplemental Security Income, scholarships, work-study
173.35 income, and grants that cover costs or reimbursement for tuition, fees, books, and
174.1 educational supplies; student loans for tuition, fees, books, supplies, and living
174.2 state and federal earned income tax credits; assistance specifically excluded as income
174.3 law; in-kind income such as food support, energy assistance, foster care assistance,
174.4 assistance, child care assistance, and housing subsidies; earned income of full-time
174.5 part-time students up to the age of 19, who have not earned a high school diploma
174.6 high school equivalency diploma including earnings from summer employment; grant
174.7 awards under the family subsidy program; nonrecurring lump-sum income only to the
174.8 extent that it is earmarked and used for the purpose for which it is paid; and any
174.9 assigned 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
Sec. 2. Minnesota Statutes 2014, section 119B.025, subdivision 1, is amended to read:
Subdivision 1. Factors which must be verified.
(a) The county shall verify the
following at all initial child care applications using the universal application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
relative caretaker, or the spouses of any of the foregoing;
(5) immigration status, if related to eligibility;
(6) Social Security number, if given;
(8) spousal support and child support payments made to persons outside the
(9) residence; and
(10) inconsistent information, if related to eligibility.
(b) If a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child
addendum at its next eligibility redetermination and the county must verify the factors
listed in paragraph (a) as part of that redetermination. Once a family has completed
universal application or child care addendum, the county shall use the redetermination
form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
must be redetermined at least every six months. A family is considered to have met
eligibility redetermination requirement if a complete redetermination form and all
verifications are received within 30 days after the date the form was due. Assistance
be payable retroactively from the redetermination due date. For a family where at
one parent is under the age of 21, does not have a high school or general equivalency
diploma, and is a student in a school district or another similar program that provides
arranges for child care, as well as parenting, social services, career and employment
supports, and academic support to achieve high school graduation, the redetermination
eligibility shall be deferred beyond six months, but not to exceed 12 months, to the
the student's school year. If a family reports a change in an eligibility factor before
family's next regularly scheduled redetermination, the county must recalculate eligibility
without 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.
(c) The commissioner shall develop a redetermination form to redetermine eligibility
and a change report form to report changes that minimize paperwork for the county
Sec. 3. Minnesota Statutes 2014, section 119B.035, subdivision 4, is amended to read:
Subd. 4. Assistance.
(a) A family is limited to a lifetime total of 12 months of
assistance under subdivision 2. The maximum rate of assistance is equal to 68 percent
of the rate established under section
for care of infants in licensed family child
care in the applicant's county of residence.
(b) A participating family must report income and other family changes as specified
175.21sections 256P.06 and 256P.07, and
the county's plan under section
119B.08, subdivision 3
(c) Persons who are admitted to the at-home infant child care program retain their
position in any basic sliding fee program. Persons leaving the at-home infant child
program reenter the basic sliding fee program at the position they would have occupied.
(d) Assistance under this section does not establish an employer-employee
relationship between any member of the assisted family and the county or state.
Sec. 4. Minnesota Statutes 2014, section 119B.09, subdivision 4, is amended to read:
Subd. 4. Eligibility; annual income; calculation.
Annual income of the applicant
family is the current monthly income of the family multiplied by 12 or the income
the 12-month period immediately preceding the date of application, or income calculated
by the method which provides the most accurate assessment of income available to the
family. Self-employment income must be calculated based on gross receipts less operating
expenses. Income must be recalculated when the family's income changes, but no less
often than every six months. For a family where at least one parent is under the age
21, does not have a high school or general equivalency diploma, and is a student in
school district or another similar program that provides or arranges for child care,
as parenting, social services, career and employment supports, and academic support
achieve high school graduation, income must be recalculated when the family's income
changes, but otherwise shall be deferred beyond six months, but not to exceed 12 months,
to 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
verified with documentary evidence. If the applicant does not have sufficient evidence
income, verification must be obtained from the source of the income.
Sec. 5. Minnesota Statutes 2014, section 256D.01, subdivision 1a, is amended to read:
Subd. 1a. Standards.
(a) A principal objective in providing general assistance is
to provide for single adults, childless couples, or children as defined in section
, ineligible for federal programs who are unable to provide for themselves.
The minimum standard of assistance determines the total amount of the general assistance
grant without separate standards for shelter, utilities, or other needs.
(b) The commissioner shall set the standard of assistance for an assistance unit
consisting of an adult recipient who is childless and unmarried or living apart from
children and spouse and who does not live with a parent or parents or a legal custodian.
When the other standards specified in this subdivision increase, this standard must
increased by the same percentage.
(c) For an assistance unit consisting of a single adult who lives with a parent or
parents, the general assistance standard of assistance is the amount that the aid
with dependent children standard of assistance, in effect on July 16, 1996, would
if the recipient were added as an additional minor child to an assistance unit consisting
of the recipient's parent and all of that parent's family members, except that the
may not exceed the standard for a general assistance recipient living alone. Benefits
received by a responsible relative of the assistance unit under the Supplemental Security
Income program, a workers' compensation program, the Minnesota supplemental aid
program, or any other program based on the responsible relative's disability, and
benefits received by a responsible relative of the assistance unit under the Social
retirement program, may not be counted in the determination of eligibility or benefit
level for the assistance unit. Except as provided below, the assistance unit is ineligible
for general assistance if the available resources or the countable income of the assistance
unit and the parent or parents with whom the assistance unit lives are such that a
consisting of the assistance unit's parent or parents, the parent or parents' other
members and the assistance unit as the only or additional minor child would be financially
ineligible for general assistance. For the purposes of calculating the countable income
of the assistance unit's parent or parents, the calculation methods
, income deductions,
177.4 exclusions, and disregards used when calculating the countable income for a single
177.5 or childless couple
be used follow the provisions under section 256P.06
(d) For an assistance unit consisting of a childless couple, the standards of assistance
are the same as the first and second adult standards of the aid to families with dependent
children program in effect on July 16, 1996. If one member of the couple is not included
in the general assistance grant, the standard of assistance for the other is the second
standard of the aid to families with dependent children program as of July 16, 1996.
Sec. 6. Minnesota Statutes 2014, section 256D.02, is amended by adding a subdivision
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.
Sec. 7. Minnesota Statutes 2014, section 256D.02, is amended by adding a subdivision
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
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.
Sec. 8. Minnesota Statutes 2014, section 256D.02, subdivision 8, is amended to read:
Subd. 8. Income.
any form of income, including remuneration
177.25 for services performed as an employee and earned income from rental income and
177.26 self-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
Income includes any payments received as an annuity, retirement, or disability
177.30 benefit, including veteran's or workers' compensation; old age, survivors, and disability
177.31 insurance; railroad retirement benefits; unemployment benefits; and benefits under
177.32 federally aided categorical assistance program, supplementary security income, or
177.33 assistance program; rents, dividends, interest and royalties; and support and maintenance
178.1 payments. Such payments may not be considered as available to meet the needs of any
178.2 person other than the person for whose benefit they are received, unless that person
178.3 a family member or a spouse and the income is not excluded under section
. Goods and services provided in lieu of cash payment shall be excluded
178.5 from the definition of income, except that payments made for room, board, tuition
178.6 fees by a parent, on behalf of a child enrolled as a full-time student in a postsecondary
178.7 institution, and payments made on behalf of an applicant or participant which the
178.8 or participant could legally demand to receive personally in cash, must be included
178.9 income. Benefits of an applicant or participant, such as those administered by the
178.10 Security Administration, that are paid to a representative payee, and are spent on
178.11 the applicant or participant, are considered available income of the applicant or
Sec. 9. Minnesota Statutes 2014, section 256D.06, subdivision 1, is amended to read:
Subdivision 1. Eligibility; amount of assistance.
General assistance shall be
granted in an amount that when added to the
income as determined
actually available to the assistance unit under section 256P.06
, the total amount
equals the applicable standard of assistance for general assistance. In determining
eligibility for and the amount of assistance for an individual or married couple,
shall apply the earned income disregard as determined in section
Sec. 10. Minnesota Statutes 2014, section 256D.405, subdivision 3, is amended to read:
Subd. 3. Reports.
Participants must report changes in circumstances according to
that affect eligibility or assistance payment amounts within ten days of the
change. Participants who do not receive SSI because of excess income must complete
monthly report form if they have earned income, if they have income deemed to them
from a financially responsible relative with whom the participant resides, or if they
income deemed to them by a sponsor. If the report form is not received before the
the month in which it is due, the county agency must terminate assistance. The termination
shall be effective on the first day of the month following the month in which the
was due. If a complete report is received within the month the assistance was terminated,
the assistance unit is considered to have continued its application for assistance,
the first day of the month the assistance was terminated.
Sec. 11. Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
179.1 Subd. 1b. Assistance unit. "Assistance unit" means an individual who is applying
179.2for or receiving benefits under this chapter.
Sec. 12. Minnesota Statutes 2014, section 256I.03, subdivision 7, is amended to read:
Subd. 7. Countable income.
"Countable income" means all income received by an
applicant or recipient as described under section 256P.06,
less any applicable exclusions
or disregards. For a recipient of any cash benefit from the SSI program, countable
means the SSI benefit limit in effect at the time the person is in a GRH, less the
assistance personal needs allowance. If the SSI limit has been reduced for a person
events occurring prior to the persons entering the GRH setting, countable income means
actual income less any applicable exclusions and disregards.
Sec. 13. Minnesota Statutes 2014, section 256I.04, subdivision 1, is amended to read:
Subdivision 1. Individual eligibility requirements.
An individual is eligible for
and entitled to a group residential housing payment to be made on the individual's
if the agency has approved the individual's residence in a group residential housing
and the individual meets the requirements in paragraph (a) or (b).
(a) The individual is aged, blind, or is over 18 years of age and disabled as
determined under the criteria used by the title II program of the Social Security
meets the resource restrictions and standards of section
, and the individual's
countable income after deducting the (1) exclusions and disregards of the SSI program,
(2) the medical assistance personal needs allowance under section
, and (3) an
amount equal to the income actually made available to a community spouse by an elderly
waiver participant under the provisions of sections
256B.0575, paragraph (a)
256B.058, subdivision 2
, is less than the monthly rate specified in the agency's
agreement with the provider of group residential housing in which the individual resides.
(b) The individual meets a category of eligibility under section
, paragraph (a), and the individual's resources are less than the standards specified
, and the individual's countable income as determined under
179.28 256D.01 to
256D.21 section 256P.06
, less the medical assistance personal needs allowance
is less than the monthly rate specified in the agency's agreement
with the provider of group residential housing in which the individual resides.
Sec. 14. Minnesota Statutes 2014, section 256I.06, subdivision 6, is amended to read:
Subd. 6. Reports.
Recipients must report changes in circumstances according
179.33to section 256P.07
that affect eligibility or group residential housing payment amounts
within ten days of the change. Recipients with countable earned income must complete
a monthly household report form. If the report form is not received before the end
the month in which it is due, the county agency must terminate eligibility for group
residential housing payments. The termination shall be effective on the first day
month following the month in which the report was due. If a complete report is received
within the month eligibility was terminated, the individual is considered to have
an application for group residential housing payment effective the first day of the
the eligibility was terminated.
Sec. 15. Minnesota Statutes 2014, section 256J.08, subdivision 26, is amended to read:
Subd. 26. Earned income.
means cash or in-kind income earned
180.11 through the receipt of wages, salary, commissions, profit from employment activities,
180.12 profit from self-employment activities, payments made by an employer for regularly
180.13 accrued vacation or sick leave, and any other profit from activity earned through
180.14 labor. 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
Sec. 16. Minnesota Statutes 2014, section 256J.08, subdivision 86, is amended to read:
Subd. 86. Unearned income.
means income received by
180.18 a person that does not meet the definition of earned income. Unearned income includes
180.19 income from a contract for deed, interest, dividends, unemployment benefits, disability
180.20 insurance payments, veterans benefits, pension payments, return on capital investment,
180.21 insurance payments or settlements, severance payments, child support and maintenance
180.22 payments, and payments for illness or disability whether the premium payments are
180.23 made in whole or in part by an employer or participant has the meaning given in section
180.24256P.01, subdivision 8
Sec. 17. Minnesota Statutes 2014, section 256J.30, subdivision 1, is amended to read:
Subdivision 1. Applicant reporting requirements.
An applicant must provide
information on an application form and supplemental forms about the applicant's
which affect MFIP eligibility or the assistance payment. An applicant must
180.29 report changes identified in subdivision 9 while the application is pending. When
180.30 applicant does not accurately report information on an application, both an overpayment
180.31 and a referral for a fraud investigation may result. When an applicant does not provide
180.32 information or documentation, the receipt of the assistance payment may be delayed
181.1 application may be denied depending on the type of information required and its effect
181.2 eligibility according to section 256P.07
Sec. 18. Minnesota Statutes 2014, section 256J.30, subdivision 9, is amended to read:
Subd. 9. Changes that must be reported.
A caregiver must report
the changes or
181.5 anticipated changes specified in clauses (1) to (15) within ten days of the date they
181.6 at the time of the periodic recertification of eligibility under section
and 9, or within eight calendar days of a reporting period as in subdivision 5, whichever
181.8 occurs first. A caregiver must report other changes at the time of the periodic recertification
181.9 of eligibility under section
256P.04, subdivisions 8 and 9, or at the end of a reporting period
181.10 under subdivision 5, as applicable. A caregiver must make these reports in writing
181.11 agency. When an agency could have reduced or terminated assistance for one or more
181.12 payment months if a delay in reporting a change specified under clauses (1) to (14)
181.13 not occurred, the agency must determine whether a timely notice under section
, could have been issued on the day that the change occurred. When a timely
181.15 notice could have been issued, each month's overpayment subsequent to that notice
181.16 considered a client error overpayment under section
256J.38 . Calculation of overpayments
181.17 for late reporting under clause (15) is specified in section
256J.09, subdivision 9 . Changes
181.18 in circumstances which must be reported within ten days must also be reported on the
181.19 MFIP household report form for the reporting period in which those changes occurred.
181.20 Within 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
181.28 assistance unit if the physical or mental status is the basis for reducing the hourly
181.29 participation requirements under section
256J.55, subdivision 1 , or the type of activities
181.30 included 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
182.3 third party; and
182.4 (15) a change in household composition, including births, returns to and departures
182.5 from the home of assistance unit members and financially responsible persons, or a
182.6 in the custody of a minor child.
Sec. 19. Minnesota Statutes 2014, section 256J.35, is amended to read:
182.8256J.35 AMOUNT OF ASSISTANCE PAYMENT.
Except as provided in paragraphs (a) to (d), the amount of an assistance payment is
equal to the difference between the MFIP standard of need or the Minnesota family
level in section
and countable income.
(a) Beginning July 1, 2015, MFIP assistance units are eligible for an MFIP housing
assistance grant of $110 per month, unless:
(1) the housing assistance unit is currently receiving public and assisted rental
subsidies provided through the Department of Housing and Urban Development (HUD)
and is subject to section
256J.37, subdivision 3a
(2) the assistance unit is a child-only case under section
(b) When MFIP eligibility exists for the month of application, the amount of the
assistance payment for the month of application must be prorated from the date of
application or the date all other eligibility factors are met for that applicant,
later. This provision applies when an applicant loses at least one day of MFIP eligibility.
(c) MFIP overpayments to an assistance unit must be recouped according to section
256J.38, subdivision 4 256P.08, subdivision 6
(d) An initial assistance payment must not be made to an applicant who is not
eligible on the date payment is made.
Sec. 20. Minnesota Statutes 2014, section 256J.40, is amended to read:
182.27256J.40 FAIR HEARINGS.
Caregivers receiving a notice of intent to sanction or a notice of adverse action
includes a sanction, reduction in benefits, suspension of benefits, denial of benefits,
termination of benefits may request a fair hearing. A request for a fair hearing must
submitted in writing to the county agency or to the commissioner and must be mailed
within 30 days after a participant or former participant receives written notice of
agency's action or within 90 days when a participant or former participant shows good
cause for not submitting the request within 30 days. A former participant who receives
notice of adverse action due to an overpayment may appeal the adverse action according
to the requirements in this section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of assistance;
(3) the basis for an overpayment, the calculated amount of an overpayment, and
the level of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section
256J.39, subdivision 2
clauses (1) to (3).
Except for benefits issued under section
, a county agency must not reduce,
suspend, or terminate payment when an aggrieved participant requests a fair hearing
prior to the effective date of the adverse action or within ten days of the mailing
notice of adverse action, whichever is later, unless the participant requests in writing
to receive continued assistance pending a hearing decision. An appeal request cannot
extend benefits for the diversionary work program under section
four-month time limit. Assistance issued pending a fair hearing is subject to recovery
when as a result of the fair hearing decision the participant
is determined ineligible for assistance or the amount of the assistance received.
agency may increase or reduce an assistance payment while an appeal is pending when
circumstances of the participant change and are not related to the issue on appeal.
commissioner's order is binding on a county agency. No additional notice is required
enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable and necessary expenses
of attendance at the hearing, such as child care and transportation costs and for
transportation expenses of the appellant's witnesses and representatives to and from
hearing. Reasonable and necessary expenses do not include legal fees. Fair hearings
must be conducted at a reasonable time and date by an impartial human services judge
employed by the department. The hearing may be conducted by telephone or at a site
is readily accessible to persons with disabilities.
The appellant may introduce new or additional evidence relevant to the issues on
appeal. Recommendations of the human services judge and decisions of the commissioner
must be based on evidence in the hearing record and are not limited to a review of
county agency action.
Sec. 21. Minnesota Statutes 2014, section 256J.95, subdivision 19, is amended to read:
Subd. 19. DWP overpayments and underpayments.
DWP benefits are subject
to overpayments and underpayments. Anytime an overpayment or an underpayment is
determined for DWP, the correction shall be calculated using prospective budgeting.
Corrections shall be determined based on the policy in section
256J.34, subdivision 1
paragraphs (a), (b), and (c). ATM errors must be recovered as specified in section
256P.08, subdivision 7
. Cross program recoupment of overpayments cannot
be assigned to or from DWP.
Sec. 22. Minnesota Statutes 2014, section 256P.001, is amended to read:
General assistance and Minnesota supplemental aid under chapter 256D, child care
184.11assistance programs under chapter 119B,
and programs governed by chapter 256I or 256J
are subject to the requirements of this chapter, unless otherwise specified or exempted.
Sec. 23. Minnesota Statutes 2014, section 256P.01, is amended by adding a subdivision
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.
Sec. 24. Minnesota Statutes 2014, section 256P.01, subdivision 3, is amended to read:
Subd. 3. Earned income.
"Earned income" means cash or in-kind income earned
through the receipt of wages, salary, commissions, bonuses, tips, gratuities,
employment activities, net profit from self-employment activities, payments made by
an 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
184.24state's minimum wage, royalties, honoraria, or
other profit from activity
184.25 effort that results from the client's work, service, effort,
or labor. The income must be in
return for, or as a result of, legal activity.
Sec. 25. Minnesota Statutes 2014, section 256P.01, is amended by adding a subdivision
184.29 Subd. 8. Unearned income. "Unearned income" has the meaning given in section
184.30256P.06, subdivision 3, clause (2).
Sec. 26. Minnesota Statutes 2014, section 256P.02, is amended by adding a subdivision
185.3 Subd. 1a. Exemption. Participants who qualify for child care assistance programs
185.4under chapter 119B are exempt from this section.
Sec. 27. Minnesota Statutes 2014, section 256P.03, subdivision 1, is amended to read:
Subdivision 1. Exempted programs.
Participants who qualify for child care
185.7assistance programs under chapter 119B,
Minnesota supplemental aid under chapter
group residential housing under chapter 256I on the basis of eligibility for
Supplemental Security Income are exempt from this section.
Sec. 28. Minnesota Statutes 2014, section 256P.04, subdivision 1, is amended to read:
Subdivision 1. Exemption.
Participants who receive Minnesota supplemental aid
and who maintain Supplemental Security Income eligibility under chapters 256D and
are exempt from the reporting requirements of this section, except that the policies
procedures for transfers of assets are those used by the medical assistance program
. Participants who receive child care assistance under chapter 119B are
185.16exempt from the requirements of this section.
Sec. 29. Minnesota Statutes 2014, section 256P.04, subdivision 4, is amended to read:
Subd. 4. Factors to be verified.
(a) The agency shall verify the following at
(1) identity of adults;
(2) age, if necessary to determine eligibility;
(3) immigration status;
(5) spousal support and child support payments made to persons outside the
(7) checking and savings accounts;
(8) inconsistent information, if related to eligibility;
(10) Social Security number
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.
(b) Applicants who are qualified noncitizens and victims of domestic violence as
defined under section
256J.08, subdivision 73
, clause (7), are not required to verify the
information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member of
assistance unit cooperates with the procedures for verification of Social Security
issuance of duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.
Sec. 30. Minnesota Statutes 2014, section 256P.05, subdivision 1, is amended to read:
Subdivision 1. Exempted programs.
Participants who qualify for child care
186.10assistance programs under chapter 119B,
Minnesota supplemental aid under chapter
group residential housing under chapter 256I on the basis of eligibility for
Supplemental Security Income are exempt from this section.
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
186.17is available to the assistance unit. Income is available if the individual has legal
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
186.32(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.
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
187.24on the basis of eligibility for Supplemental Security Income are exempt from this
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
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
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.
188.1assistance unit must report other changes at the time of recertification of eligibility
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
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
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
188.17(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
188.20(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
188.31 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,
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
189.9under section 256D.44, subdivision 5, paragraph (f), within ten days of the change,
189.10report shelter expenses.
Sec. 33. [256P.08] CORRECTION OF OVERPAYMENTS AND
189.13 Subdivision 1. Exempted programs. Participants who qualify for child care
189.14assistance programs under chapter 119B or group residential housing under chapter
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
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
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
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
190.2citing the overpayment, the time period in which the overpayment occurred, the amount
190.3the overpayment, and the participant's or former participant's right to appeal. No
190.4applies to the period in which the county agency is required to recoup or recover
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
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
190.24voluntary reductions in the grant level agreed to in writing by the individual, until
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
190.29receive assistance again within three years, unless the individual has been convicted
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
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
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
191.13amount of overpayment. When an overpayment is less than $35, and is not the result
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
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
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
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
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
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
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
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
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
192.14underpayment is identified. Corrective payments must be excluded when determining
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
192.22256.045. When an appeal based on the notice issued under subdivision 3 is not timely,
192.23fact or the amount of that overpayment must not be considered as a part of a later
192.24including an appeal of a reduction in an assistance payment to recoup that overpayment.
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.
Sec. 35. EFFECTIVE DATE.
192.30This article is effective August 1, 2016.
193.2NURSING FACILITY PAYMENT REFORM AND WORKFORCE
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
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
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
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
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
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
194.3the employee scholarship program being proposed by the applicant, including the need
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
194.7funding sought for the scholarship program, a proposed budget detailing how funds
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
194.21the recipient, the amount awarded, the educational institution attended, the nature
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.
Sec. 2. Minnesota Statutes 2014, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a. Exceptions for replacement beds.
It is in the best interest of the state
to ensure that nursing homes and boarding care homes continue to meet the physical
plant licensing and certification requirements by permitting certain construction
Facilities should be maintained in condition to satisfy the physical and emotional
of residents while allowing the state to maintain control over nursing home expenditure
The commissioner of health in coordination with the commissioner of human
services, may approve the renovation, replacement, upgrading, or relocation of a nursing
home or boarding care home, under the following conditions:
(a) to license or certify beds in a new facility constructed to replace a facility
make repairs in an existing facility that was destroyed or damaged after June 30,
fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or at the direction of a
controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the controlling persons of
facility maintained insurance coverage for the type of hazard that occurred in an
that a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the damages caused by the
hazard are applied to the cost of the new facility or repairs;
(iv) the number of licensed and certified beds in the new facility does not exceed
number of licensed and certified beds in the destroyed facility; and
(v) the commissioner determines that the replacement beds are needed to prevent an
inadequate supply of beds.
Project construction costs incurred for repairs authorized under this clause shall
considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location to another within
nursing home facility, provided the total costs of remodeling performed in conjunction
with the relocation of beds does not exceed $1,000,000;
(c) to license or certify beds in a project recommended for approval under section
(d) to license or certify beds that are moved from an existing state nursing home
a different state facility, provided there is no net increase in the number of state
(e) to certify and license as nursing home beds boarding care beds in a certified
boarding care facility if the beds meet the standards for nursing home licensure,
or in a
facility that was granted an exception to the moratorium under section
, and if
the cost of any remodeling of the facility does not exceed $1,000,000. If boarding
beds are licensed as nursing home beds, the number of boarding care beds in the facility
must not increase beyond the number remaining at the time of the upgrade in licensure.
The provisions contained in section
regarding the upgrading of the facilities
do not apply to facilities that satisfy these requirements;
(f) to license and certify up to 40 beds transferred from an existing facility owned
operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit
same location as the existing facility that will serve persons with Alzheimer's disease
other related disorders. The transfer of beds may occur gradually or in stages, provided
the total number of beds transferred does not exceed 40. At the time of licensure
certification of a bed or beds in the new unit, the commissioner of health shall delicense
and decertify the same number of beds in the existing facility. As a condition of
a license or certification under this clause, the facility must make a written commitment
to the commissioner of human services that it will not seek to receive an increase
property-related payment rate as a result of the transfers allowed under this paragraph;
(g) to license and certify nursing home beds to replace currently licensed and certified
boarding care beds which may be located either in a remodeled or renovated boarding
or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
nursing home facility within the identifiable complex of health care facilities in
currently licensed boarding care beds are presently located, provided that the number
boarding care beds in the facility or complex are decreased by the number to be licensed
as nursing home beds and further provided that, if the total costs of new construction,
replacement, remodeling, or renovation exceed ten percent of the appraised value of
the facility or $200,000, whichever is less, the facility makes a written commitment
the commissioner of human services that it will not seek to receive an increase in
property-related payment rate by reason of the new construction, replacement, remodeling,
or renovation. The provisions contained in section
regarding the upgrading of
facilities do not apply to facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing facility a facility that
licensed as a boarding care facility but not certified under the medical assistance
but only if the commissioner of human services certifies to the commissioner of health
licensing the facility as a nursing home and certifying the facility as a nursing
result in a net annual savings to the state general fund of $200,000 or more;
(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing
home beds in a facility that was licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace beds in a facility acquired
by the Minneapolis Community Development Agency as part of redevelopment activities
in a city of the first class, provided the new facility is located within three miles
of the site
of the old facility. Operating and property costs for the new facility must be determined
and allowed under section
(k) to license and certify up to 20 new nursing home beds in a community-operated
hospital and attached convalescent and nursing care facility with 40 beds on April
1991, that suspended operation of the hospital in April 1986. The commissioner of
services shall provide the facility with the same per diem property-related payment
for each additional licensed and certified bed as it will receive for its existing
(l) to license or certify beds in renovation, replacement, or upgrading projects as
defined in section
, subdivision 1, so long as the cumulative total costs of the
facility's remodeling projects do not exceed $1,000,000;
(m) to license and certify beds that are moved from one location to another for the
purposes of converting up to five four-bed wards to single or double occupancy rooms
in a nursing home that, as of January 1, 1993, was county-owned and had a licensed
capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified
nursing facility located in Minneapolis to layaway all of its licensed and certified
home beds. These beds may be relicensed and recertified in a newly constructed teaching
nursing home facility affiliated with a teaching hospital upon approval by the legislature.
The proposal must be developed in consultation with the interagency committee on
long-term care planning. The beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds, except that beds on layaway status remain
subject to the surcharge in section
. This layaway provision expires July 1, 1998;
(o) to allow a project which will be completed in conjunction with an approved
moratorium exception project for a nursing home in southern Cass County and which
directly related to that portion of the facility that must be repaired, renovated,
to correct an emergency plumbing problem for which a state correction order has been
issued and which must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified
nursing facility located in Minneapolis to layaway, upon 30 days prior written notice
the commissioner, up to 30 of the facility's licensed and certified beds by converting
three-bed wards to single or double occupancy. Beds on layaway status shall have the
same status as voluntarily delicensed and decertified beds except that beds on layaway
status remain subject to the surcharge in section
, remain subject to the license
application and renewal fees under section
and shall be subject to a $100 per bed
reactivation fee. In addition, at any time within three years of the effective date
layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and reactivation of some or all of
the beds to an existing licensed and certified facility or facilities located in Pine
Brainerd, or International Falls; provided that the total project construction costs
the relocation of beds from layaway status for any facility receiving relocated beds
not exceed the dollar threshold provided in subdivision 2 unless the construction
has been approved through the moratorium exception process under section
(2) relicensed and recertified, upon reactivation of some or all of the beds within
facility which placed the beds in layaway status, if the commissioner has determined
need for the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing beds on layaway status
must be adjusted by the incremental change in its rental per diem after recalculating
rental per diem as provided in section
, subdivision 3a, paragraph (c). The
property-related payment rate for a facility relicensing and recertifying beds from
status must be adjusted by the incremental change in its rental per diem after recalculating
its rental per diem using the number of beds after the relicensing to establish the
capacity day divisor, which shall be effective the first day of the month following
month in which the relicensing and recertification became effective. Any beds remaining
on layaway status more than three years after the date the layaway status became effective
must be removed from layaway status and immediately delicensed and decertified;
(q) to license and certify beds in a renovation and remodeling project to convert
four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
home that, as of January 1, 1994, met the following conditions: the nursing home was
located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked
among the top 15 applicants by the 1993 moratorium exceptions advisory review panel.
The total project construction cost estimate for this project must not exceed the
estimate submitted in connection with the 1993 moratorium exception process;
(r) to license and certify up to 117 beds that are relocated from a licensed and certified
138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital
located in South St. Paul, provided that the nursing facility and hospital are owned
same or a related organization and that prior to the date the relocation is completed
hospital ceases operation of its inpatient hospital services at that hospital. After
the nursing facility's status shall be the same as it was prior to relocation. The
facility's property-related payment rate resulting from the project authorized in
paragraph shall become effective no earlier than April 1, 1996. For purposes of calculating
the incremental change in the facility's rental per diem resulting from this project,
allowable appraised value of the nursing facility portion of the existing health care
physical plant prior to the renovation and relocation may not exceed $2,490,000;
(s) to license and certify two beds in a facility to replace beds that were voluntarily
delicensed and decertified on June 28, 1991;
(t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed
nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding
the licensure and certification after July 1, 1995, of the Minneapolis facility as
nursing home facility after completion of a construction project approved in 1993
, to be laid away upon 30 days' prior written notice to the commissioner.
Beds on layaway status shall have the same status as voluntarily delicensed or decertified
beds except that they shall remain subject to the surcharge in section
16 beds on layaway status may be relicensed as nursing home beds and recertified at
any time within five years of the effective date of the layaway upon relocation of
or all of the beds to a licensed and certified facility located in Watertown, provided
the total project construction costs related to the relocation of beds from layaway
for the Watertown facility may not exceed the dollar threshold provided in subdivision
2 unless the construction project has been approved through the moratorium exception
process under section
The property-related payment rate of the facility placing beds on layaway status must
be adjusted by the incremental change in its rental per diem after recalculating the
diem as provided in section
, subdivision 3a, paragraph (c). The property-related
payment rate for the facility relicensing and recertifying beds from layaway status
adjusted by the incremental change in its rental per diem after recalculating its
diem using the number of beds after the relicensing to establish the facility's capacity
divisor, which shall be effective the first day of the month following the month in
the relicensing and recertification became effective. Any beds remaining on layaway
status more than five years after the date the layaway status became effective must
removed from layaway status and immediately delicensed and decertified;
(u) to license and certify beds that are moved within an existing area of a facility
to a newly constructed addition which is built for the purpose of eliminating three-
four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary
service areas in a nursing home that, as of January 1, 1995, was located in Fridley
a licensed capacity of 129 beds;
(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County
to a 160-bed facility in Crow Wing County, provided all the affected beds are under
(w) to license and certify a total replacement project of up to 49 beds located in
Norman County that are relocated from a nursing home destroyed by flood and whose
residents were relocated to other nursing homes. The operating cost payment rates
the new nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of
. Property-related reimbursement rates shall be determined under section
, taking into account any federal or state flood-related loans or grants provided
to the facility;
(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
project projects with a total
of up to 129
beds, with at least 25 beds to be
located in Polk County
that are relocated from a nursing
200.6 home 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
200.9per thousand, as most recently published by the commissioner of human services. If
200.10licensee chooses to distribute beds outside of Polk County under this paragraph, prior
200.11distributing the beds, the commissioner of health must approve the location in which
200.12licensee plans to distribute the beds. The commissioner of health shall consult with
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.
payment rates for
the new nursing
shall be determined based on the interim and settle-up
payment provisions of section 256B.431, 256B.434, or 256B.441 or
200.18 9549.0057 , and the reimbursement provisions of section
256B.431 , except that subdivision
200.19 26, paragraphs (a) and (b), shall not apply until the second rate year after the settle-up
200.20 report is filed. Property-related reimbursement rates shall be determined under section
200.21 256B.431 , taking into account any federal or state flood-related loans or grants p