SF 1489

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 06/29/2023 04:41pm

A bill for an act
relating to human services; establishing human services provider workplace safety
grants; appropriating money.

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

Section 1. new text begin HUMAN SERVICES PROVIDER WORKPLACE SAFETY GRANTS.
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new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services must establish a
grant program for human services provider workplace safety grants to increase safety
measures in facilities that provide behavioral health care, services for children, families,
and vulnerable adults, services for older adults and people with disabilities, and other social
services or related care.
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new text begin Subd. 2. new text end

new text begin Eligible applicants. new text end

new text begin To be eligible for a grant under this section, applicants
must be a county human services agency, tribal human services agency, or other human
services provider organization or agency.
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new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin (a) Entities seeking grants under this section must apply to the
commissioner in a form and manner prescribed by the commissioner. The grant applicant,
in its application, must include:
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new text begin (1) the type of entity that will receive funding through the grant;
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new text begin (2) the specific safety measures or activities for which the applicant will use the grant
funds;
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new text begin (3) the specific policies that will be implemented or upheld to ensure that individuals'
rights to privacy are protected when grant funds are used for eligible uses under subdivision
4;
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new text begin (4) a proposed budget for each of the specific activities the applicant will use the grant
funds;
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new text begin (5) an outline of efforts to enhance existing or proposed safety measures that improve
the safety of providers employed with the applicant;
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new text begin (6) sample consent forms for any safety equipment that has capacity to record, store, or
share audio or video collected from individuals, excluding devices located in public spaces
in a home or dwelling unit that the service provider owns, operates, or leases or in which
the service provider has a direct or indirect financial interest;
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new text begin (7) how the grant-funded measures will lead to long-term improvements in safety and
stability for providers employed with the applicant and individuals accessing the services;
and
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new text begin (8) how the applicant will evaluate the effectiveness of implemented safety measures
and changes.
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new text begin (b) The commissioner must provide technical assistance to applicants throughout the
application process and to grantees regarding grant distribution and required grantee
reporting.
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new text begin Subd. 4. new text end

new text begin Eligible uses. new text end

new text begin (a) Grant funds must be used on one or more of the following:
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new text begin (1) the procurement and installation of safety equipment, which may include:
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new text begin (i) cellular telephones;
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new text begin (ii) personal radios;
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new text begin (iii) wearable tracking devices for staff to share location with supervisors, subject to the
Health Insurance Portability and Accountability Act (HIPAA) privacy rule under the Code
of Federal Regulations, title 45, part 160 and part 164, subparts A and E;
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new text begin (iv) security systems and cameras in public spaces in home or dwelling units that the
service provider owns, operates, or leases or in which the service provider has a direct or
indirect financial interest; and
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new text begin (v) panic buttons;
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new text begin (2) training for providers, which may include:
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new text begin (i) sessions and exercises for crisis management, strategies for de-escalating conflict
situations, safety planning, and self-defense in line with the positive supports rule under
Minnesota Rules, chapter 9544, and person-centered planning and service delivery according
to Minnesota Statutes, section 245D.07, subdivision 1a;
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new text begin (ii) training in culturally informed and culturally affirming practice, including linguistic
training;
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new text begin (iii) training in trauma-informed social, emotional, and behavioral support; and
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new text begin (iv) other training topics, sessions, and exercises related to safety the commissioner
determines to be appropriate;
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new text begin (3) facility safety improvements, which may include threat and vulnerability review and
barrier protection;
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new text begin (4) support services, counseling, and additional resources for human services providers
who have experienced safety concerns or trauma-related incidents in the workplace;
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new text begin (5) installation and implementation of an internal data incident tracking system to track
and prevent workplace safety incidents; and
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new text begin (6) other prevention and mitigation measures and safety training, resources, and provider
support services the commissioner determines to be appropriate.
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new text begin (b) Safety equipment allowed under subdivision 4, paragraph (a), clause (1), must not
include:
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new text begin (1) tools or devices that facilitate physical or chemical restraint;
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new text begin (2) barriers, environmental modifications, or other tools or devices that facilitate
individual seclusion, except plexiglass barriers in office settings are allowed;
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new text begin (3) wearable body cameras; and
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new text begin (4) wearable tracking devices with the capacity to store location data.
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new text begin (c) Security cameras must only be used in staff spaces and entry points of buildings.
Allowable use does not include common areas, bedrooms, and bathrooms.
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new text begin (d) In settings where the positive supports rule applies, all safety equipment purchased
with grant funds must comply with Minnesota Rules, chapter 9544.
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new text begin (e) Facilities licensed under Minnesota Statutes, chapter 245D, must provide
person-centered planning and service delivery according to Minnesota Statutes, section
245D.07, subdivision 1a.
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new text begin (f) Any safety equipment purchased with grant funds under this section with the capacity
for electronic monitoring must be used according to requirements under Minnesota Statutes,
section 144.6502, or the brain injury, community alternative care, community access for
disability inclusion, and developmental disabilities waiver plans.
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new text begin (g) Prior to the use of safety equipment that has the capacity to record, store, and share
audio, video, or a combination thereof, a grantee must:
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new text begin (1) provide individuals receiving services with information about electronic monitoring
in an accessible manner, including:
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new text begin (i) a definition of electronic monitoring;
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new text begin (ii) the type of device that will be in use;
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new text begin (iii) how the footage captured will be used;
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new text begin (iv) with whom the footage captured will be shared; and
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new text begin (v) acknowledgment that the individual has the right to decline the use of safety equipment
that has capacity to record, store, and share audio, video, or a combination thereof;
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new text begin (2) provide notice every time electronic monitoring devices are in use; and
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new text begin (3) obtain written consent from anyone, including, if applicable, guardians of individuals
receiving services, whose audio or video may be recorded during the time the safety
equipment is in use.
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new text begin (h) In any setting in which home and community-based services are provided under title
19, sections 1915(c) and 1915(i) of the federal Social Security Act:
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new text begin (1) use of safety equipment that has the capacity to record, store, or share audio, video,
or a combination thereof, must cease immediately and indefinitely when an individual
receiving services at any point declines the use of or revokes prior consent to the use of
such equipment, or the individual's guardian declines such use or revokes prior consent on
the individual's behalf; and
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new text begin (2) the provision of services must not be denied or delayed as a result of an individual's
decision to decline the use of safety equipment that has capacity to record, store, or share
audio, video, or a combination thereof.
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new text begin Subd. 5. new text end

new text begin Data collection. new text end

new text begin All video, audio, or other personally identifiable information
collected through safety equipment paid for by this grant:
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new text begin (1) is subject to the HIPAA privacy rule under the Code of Federal Regulations, title
45, part 160 and part 164, subparts A and E;
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new text begin (2) is subject to applicable rules of evidence and procedure if admitted into evidence in
a civil, criminal, or administrative proceeding; and
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new text begin (3) must not result in the denial or delay of services provided to an individual.
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new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin (a) Each grantee must submit a report to the commissioner by July
1, 2026, and such reports must include:
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new text begin (1) the number of workplace safety incidents that occurred since the grantee received
grant funds;
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new text begin (2) the number and type of safety measures implemented with grant funding, and how
those safety measures helped alleviate or deescalate workplace safety incidents;
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new text begin (3) the number of employees who benefitted from the safety measures implemented
with grant funding;
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new text begin (4) the number of clients who benefitted from the safety measures implemented with
grant funding;
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new text begin (5) any other practices implemented concurrently with the safety measures to ensure the
rights of individuals receiving services were upheld;
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new text begin (6) how many individuals did not consent to the use of any safety equipment with the
capacity to record, store, or share audio, video, or a combination thereof;
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new text begin (7) an assessment on the effectiveness of the safety measures implemented with grant
funding, including whether the grant funding lead to improved safety for workers and
individuals receiving services; and
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new text begin (8) any changes to the grantee's policy or practice that were made if the safety measures
implemented with grant funding were deemed ineffective.
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new text begin (b) The commissioner must submit a compilation of the reports by July 31, 2026, to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services, the Office of the Ombudsman for Long-Term Care, and the
Office of the Ombudsman for Mental Health and Developmental Disabilities.
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new text begin Subd. 7. new text end

new text begin Grant administration. new text end

new text begin (a) Grants must be awarded on a first-come, first-served
basis to eligible applicants under subdivision 2 that meet the application requirements under
subdivision 3.
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new text begin (b) Each grant award must be for at least $5,000 but no more than $50,000 for each
individual applicant.
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Sec. 2. new text begin APPROPRIATION; HUMAN SERVICES PROVIDER WORKPLACE
SAFETY GRANTS.
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new text begin (a) $10,000,000 in fiscal year 2024 and $10,000,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of human services for human services provider
workplace safety grants under section 1. The unencumbered balance in the first year does
not cancel but is available for the second year. This is a onetime appropriation.
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new text begin (b) Of the amount appropriated in paragraph (a), 40 percent of grant funds in each fiscal
year must be awarded to eligible applicants located outside of the seven-county metropolitan
area.
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