1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; making agency technical 1.3 amendments; changing provisions related to children 1.4 and family services, health care, and continuing care 1.5 programs; amending Minnesota Statutes 2004, sections 1.6 13.319, subdivision 3; 13.461, by adding a 1.7 subdivision; 119B.02, subdivision 5; 119B.035, 1.8 subdivision 1; 119B.074; 119B.08, subdivision 1; 1.9 119B.09, subdivision 1; 119B.26; 245.463, subdivision 1.10 2; 245.464, subdivision 1; 245.465, subdivision 1; 1.11 245.466, subdivisions 1, 5; 245.4661, subdivision 7; 1.12 245.483, subdivisions 1, 3; 245.4872, subdivision 2; 1.13 245.4873, subdivision 5; 245.4874; 245.4875, 1.14 subdivisions 1, 5; 245A.16, subdivision 6; 252.24, 1.15 subdivision 5; 252.282, subdivision 2; 252.46, 1.16 subdivision 10; 256.045, subdivisions 3, 6, 7; 1.17 256B.04, subdivision 14; 256B.056, subdivision 1c; 1.18 256B.0625, subdivisions 5, 27; 256B.0911, subdivision 1.19 6; 256B.0913, subdivision 13; 256B.092, subdivision 1.20 1f; 256B.094, subdivision 8; 256B.0943, subdivisions 1.21 6, 12, 13; 256B.503; 256B.75; 256D.03, subdivision 3; 1.22 256G.01, subdivision 3; 256J.13, subdivision 2; 1.23 256J.21, subdivision 2; 256J.24, subdivision 5; 1.24 256J.74, subdivision 1; 256J.751, subdivision 2; 1.25 256J.95, subdivisions 2, 6, 11, 18, 19; 256L.01, 1.26 subdivision 3a; 256L.04, by adding a subdivision; 1.27 256M.30, subdivision 2; 260C.212, subdivision 12; 1.28 275.62, subdivision 4; 518.6111, subdivision 7; 1.29 626.557, subdivision 12b; 626.5571, subdivision 2; 1.30 Laws 1997, chapter 245, article 2, section 11, as 1.31 amended; repealing Minnesota Statutes 2004, sections 1.32 119A.01, subdivision 3; 119A.20; 119A.21; 119A.22; 1.33 119A.35; 119B.21, subdivision 11; 245.713, 1.34 subdivisions 2, 4; 245.716; 256.014, subdivision 3; 1.35 256.045, subdivision 3c; 256B.0629, subdivisions 1, 2, 1.36 4; 256J.95, subdivision 20; 256K.35; 626.5551, 1.37 subdivision 4; Laws 1998, chapter 407, article 4, 1.38 section 63. 1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.40 ARTICLE 1 1.41 CHILDREN'S AND FAMILY SERVICES 1.42 Section 1. Minnesota Statutes 2004, section 13.319, 2.1 subdivision 3, is amended to read: 2.2 Subd. 3. [PROGRAM SERVICES.] Data on individuals receiving 2.3 services under certain programs administered by the Department 2.4 of Education are classified undersections 119A.376, subdivision2.54; 119A.44, subdivision 7; andsection 119A.50, subdivision 2. 2.6 Sec. 2. Minnesota Statutes 2004, section 13.461, is 2.7 amended by adding a subdivision to read: 2.8 Subd. 29. [PROGRAM SERVICES.] Data on individuals 2.9 receiving services under certain programs administered by the 2.10 Department of Human Services are classified under sections 2.11 119A.376, subdivision 4, and 119A.44, subdivision 7. 2.12 Sec. 3. Minnesota Statutes 2004, section 119B.02, 2.13 subdivision 5, is amended to read: 2.14 Subd. 5. [PROGRAM INTEGRITY.] For child care assistance 2.15 programs under this chapter, the commissioner shall enforce, in2.16cooperation with the commissioner of human services,the 2.17 requirements for program integrity and fraud prevention 2.18 investigations under sections 256.046, 256.98, and 256.983. 2.19 Sec. 4. Minnesota Statutes 2004, section 119B.035, 2.20 subdivision 1, is amended to read: 2.21 Subdivision 1. [ESTABLISHMENT.] A family in which a parent 2.22 provides care for the family's infant child may receive a 2.23 subsidy in lieu of assistance if the family is eligible for or 2.24 is receiving assistance under the basic sliding fee program. An 2.25 eligible family must meet the eligibility factors under section 2.26 119B.09, except as provided in subdivision 4, and the 2.27 requirements of this section. Subject to federal match and 2.28 maintenance of effort requirements for the child care and 2.29 development fund, the commissioner shall establish a pool of up 2.30 to three percent of the annual state appropriation for the basic 2.31 sliding fee program to provide assistance under the at-home 2.32 infant child care program and for administrative costs 2.33 associated with the program. At the end of a fiscal year, the 2.34 commissioner may carry forward any unspent funds under this 2.35 section to the next fiscal year within the same biennium for 2.36 assistance under the basic sliding fee program. 3.1 Sec. 5. Minnesota Statutes 2004, section 119B.074, is 3.2 amended to read: 3.3 119B.074 [SPECIAL REVENUE ACCOUNT FOR CHILD CARE.] 3.4 A child support collection account is established in the 3.5 special revenue fund for the deposit of collections through the 3.6 assignment of child support under section 256.741, subdivision 3.7 2. The commissionerof human servicesmust deposit all 3.8 collections made under section 256.741, subdivision 2, in the 3.9 child support collection account. Money in this account is 3.10 appropriated to the commissioner for assistance under section 3.11 119B.03 and is in addition to other state and federal 3.12 appropriations. 3.13 Sec. 6. Minnesota Statutes 2004, section 119B.08, 3.14 subdivision 1, is amended to read: 3.15 Subdivision 1. [REPORTS.] The commissioner shall specify 3.16 requirements for reports under thesameauthorityasprovidedto3.17the commissioner of human servicesin section 256.01, 3.18 subdivision 2, paragraph (17). 3.19 Sec. 7. Minnesota Statutes 2004, section 119B.09, 3.20 subdivision 1, is amended to read: 3.21 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 3.22 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 3.23 must be available to families who need child care to find or 3.24 keep employment or to obtain the training or education necessary 3.25 to find employment and who: 3.26 (1) have household income less than or equal to 250 percent 3.27 of the federal poverty guidelines, adjusted for family size, and 3.28 meet the requirements of section 119B.05; receive MFIP 3.29 assistance; and are participating in employment and training 3.30 services under chapter 256J or 256K; or 3.31 (2)have household income below the eligibility levels for3.32MFIP; or3.33(3)have household income less than or equal to 175 percent 3.34 of the federal poverty guidelines, adjusted for family size, at 3.35 program entry and less than 250 percent of the federal poverty 3.36 guidelines, adjusted for family size, at program exit. 4.1 (b) Child care services must be made available as in-kind 4.2 services. 4.3 (c) All applicants for child care assistance and families 4.4 currently receiving child care assistance must be assisted and 4.5 required to cooperate in establishment of paternity and 4.6 enforcement of child support obligations for all children in the 4.7 family as a condition of program eligibility. For purposes of 4.8 this section, a family is considered to meet the requirement for 4.9 cooperation when the family complies with the requirements of 4.10 section 256.741. 4.11 Sec. 8. Minnesota Statutes 2004, section 119B.26, is 4.12 amended to read: 4.13 119B.26 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 4.14 PERIODS.] 4.15 The commissioner may waive requirements under this chapter 4.16 for up to nine months after the disaster in areas where a 4.17 federal disaster has been declared under United States Code, 4.18 title 42, section 5121, et seq., or the governor has exercised 4.19 authority under chapter 12. The commissioner shall notify the 4.20 chairs of thesenate Family and Early Childhood Education Budget4.21Division, the senate Education Finance Committee, the house4.22Family and Early Childhood Education Finance Division, the house4.23Education Committee,house and senate committees with 4.24 jurisdiction over this chapter and the house Ways and Means 4.25 Committee ten days before the effective date of any waiver 4.26 granted under this section. 4.27 Sec. 9. Minnesota Statutes 2004, section 256.045, 4.28 subdivision 6, is amended to read: 4.29 Subd. 6. [ADDITIONAL POWERS OF THE COMMISSIONER; 4.30 SUBPOENAS.] (a) The commissioner of human services, or the 4.31 commissioner of health for matters within the commissioner's 4.32 jurisdiction under subdivision 3b,or the commissioner of4.33education for matters within the commissioner's jurisdiction4.34under subdivision 3c,may initiate a review of any action or 4.35 decision of a county agency and direct that the matter be 4.36 presented to a state human services referee for a hearing held 5.1 under subdivision 3, 3a, 3b,3c,or 4a. In all matters dealing 5.2 with human services committed by law to the discretion of the 5.3 county agency, the commissioner's judgment may be substituted 5.4 for that of the county agency. The commissioner may order an 5.5 independent examination when appropriate. 5.6 (b) Any party to a hearing held pursuant to subdivision 3, 5.7 3a, 3b,3c,or 4a may request that the commissioner issue a 5.8 subpoena to compel the attendance of witnesses and the 5.9 production of records at the hearing. A local agency may 5.10 request that the commissioner issue a subpoena to compel the 5.11 release of information from third parties prior to a request for 5.12 a hearing under section 256.046 upon a showing of relevance to 5.13 such a proceeding. The issuance, service, and enforcement of 5.14 subpoenas under this subdivision is governed by section 357.22 5.15 and the Minnesota Rules of Civil Procedure. 5.16 (c) The commissioner may issue a temporary order staying a 5.17 proposed demission by a residential facility licensed under 5.18 chapter 245A while an appeal by a recipient under subdivision 3 5.19 is pending or for the period of time necessary for the county 5.20 agency to implement the commissioner's order. 5.21 Sec. 10. Minnesota Statutes 2004, section 256.045, 5.22 subdivision 7, is amended to read: 5.23 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health 5.24 plan, any party who is aggrieved by an order of the commissioner 5.25 of human services, or the commissioner of health in appeals 5.26 within the commissioner's jurisdiction under subdivision 3b,or5.27the commissioner of education for matters within the5.28commissioner's jurisdiction under subdivision 3c,may appeal the 5.29 order to the district court of the county responsible for 5.30 furnishing assistance, or, in appeals under subdivision 3b, the 5.31 county where the maltreatment occurred, by serving a written 5.32 copy of a notice of appeal upon the commissioner and any adverse 5.33 party of record within 30 days after the date the commissioner 5.34 issued the order, the amended order, or order affirming the 5.35 original order, and by filing the original notice and proof of 5.36 service with the court administrator of the district court. 6.1 Service may be made personally or by mail; service by mail is 6.2 complete upon mailing; no filing fee shall be required by the 6.3 court administrator in appeals taken pursuant to this 6.4 subdivision, with the exception of appeals taken under 6.5 subdivision 3b. The commissioner may elect to become a party to 6.6 the proceedings in the district court. Except for appeals under 6.7 subdivision 3b, any party may demand that the commissioner 6.8 furnish all parties to the proceedings with a copy of the 6.9 decision, and a transcript of any testimony, evidence, or other 6.10 supporting papers from the hearing held before the human 6.11 services referee, by serving a written demand upon the 6.12 commissioner within 30 days after service of the notice of 6.13 appeal. Any party aggrieved by the failure of an adverse party 6.14 to obey an order issued by the commissioner under subdivision 5 6.15 may compel performance according to the order in the manner 6.16 prescribed in sections 586.01 to 586.12. 6.17 Sec. 11. Minnesota Statutes 2004, section 256J.13, 6.18 subdivision 2, is amended to read: 6.19 Subd. 2. [PHYSICAL PRESENCE.] A minor child and a 6.20 caregiver must live together except as provided in the following 6.21 paragraphs. 6.22 (a) The physical presence requirement is met when a minor 6.23 child is required to live away from the caregiver's home to meet 6.24 the need for educational curricula that cannot be met by, but is 6.25 approved by, the local public school district, the home is 6.26 maintained for the minor child's return during periodic school 6.27 vacations, and the caregiver continues to maintain 6.28 responsibility for the support and care of the minor child. 6.29 (b) The physical presence requirement is met when an 6.30 applicant caregiver or applicant minor child is away from the 6.31 home due to illness or hospitalization, when the home is 6.32 maintained for the return of the absent family member, the 6.33 absence is not expected to last more than six months beyond the 6.34 month of departure, and the conditions of clause (1), (2), or 6.35 (3) apply: 6.36 (1) when the minor child and caregiver lived together 7.1 immediately prior to the absence, the caregiver continues to 7.2 maintain responsibility for the support and care of the minor 7.3 child, and the absence is reported at the time of application; 7.4 (2) when the pregnant mother is hospitalized or out of the 7.5 home due to the pregnancy; or 7.6 (3) when the newborn child and mother are hospitalized at 7.7 the time of birth. 7.8 (c) The absence of a caregiver or minor child does not 7.9 affect eligibility for the month of departure when the caregiver 7.10 or minor child received assistance for that month and lived 7.11 together immediately prior to the absence. Eligibility also 7.12 exists in the following month when the absence ends on or before 7.13 the tenth day of that month. A temporary absence of a caregiver 7.14 or a minor child which continues beyond the month of departure 7.15 must not affect eligibility when the home is maintained for the 7.16 return of the absent family member, the caregiver continues to 7.17 maintain responsibility for the support and care of the minor 7.18 child, and one of clauses (1) to (7) applies: 7.19 (1) a participant caregiver or participant child is absent 7.20 due to illness or hospitalization, and the absence is expected 7.21 to last no more than six months beyond the month of departure; 7.22 (2) a participant child is out of the home due to placement 7.23 in foster care as defined insectionsections 260B.007, 7.24 subdivision 7, and 260C.007, subdivision1518, when the 7.25 placement will not be paid under title IV-E of the Social 7.26 Security Act, and when the absence is expected to last no more 7.27 than six months beyond the month of departure; 7.28 (3) a participant minor child is out of the home for a 7.29 vacation, the vacation is not with an absent parent, and the 7.30 absence is expected to last no more than two months beyond the 7.31 month of departure; 7.32 (4) a participant minor child is out of the home due to a 7.33 visit or vacation with an absent parent, the home of the minor 7.34 child remains with the caregiver, the absence meets the 7.35 conditions of this paragraph and the absence is expected to last 7.36 no more than two months beyond the month of departure; 8.1 (5) a participant caregiver is out of the home due to a 8.2 death or illness of a relative, incarceration, training, or 8.3 employment search and suitable arrangements have been made for 8.4 the care of the minor child, or a participant minor child is out 8.5 of the home due to incarceration, and the absence is expected to 8.6 last no more than two months beyond the month of departure; 8.7 (6) a participant caregiver and a participant minor child 8.8 are both absent from Minnesota due to a situation described in 8.9 clause (5), except for incarceration, and the absence is 8.10 expected to last no more than one month beyond the month of the 8.11 departure; or 8.12 (7) a participant minor child has run away from home, and 8.13 another person has not made application for that minor child, 8.14 assistance must continue for no more than two months following 8.15 the month of departure. 8.16 Sec. 12. Minnesota Statutes 2004, section 256J.21, 8.17 subdivision 2, is amended to read: 8.18 Subd. 2. [INCOME EXCLUSIONS.] The following must be 8.19 excluded in determining a family's available income: 8.20 (1) payments for basic care, difficulty of care, and 8.21 clothing allowances received for providing family foster care to 8.22 children or adults under Minnesota Rules, parts9545.0010 to8.239545.0260 and9555.5050 to 9555.6265, 9560.0521, and 9560.0650 8.24 to 9560.0655, and payments received and used for care and 8.25 maintenance of a third-party beneficiary who is not a household 8.26 member; 8.27 (2) reimbursements for employment training received through 8.28 the Workforce Investment Act of 1998, United States Code, title 8.29 20, chapter 73, section 9201; 8.30 (3) reimbursement for out-of-pocket expenses incurred while 8.31 performing volunteer services, jury duty, employment, or 8.32 informal carpooling arrangements directly related to employment; 8.33 (4) all educational assistance, except the county agency 8.34 must count graduate student teaching assistantships, 8.35 fellowships, and other similar paid work as earned income and, 8.36 after allowing deductions for any unmet and necessary 9.1 educational expenses, shall count scholarships or grants awarded 9.2 to graduate students that do not require teaching or research as 9.3 unearned income; 9.4 (5) loans, regardless of purpose, from public or private 9.5 lending institutions, governmental lending institutions, or 9.6 governmental agencies; 9.7 (6) loans from private individuals, regardless of purpose, 9.8 provided an applicant or participant documents that the lender 9.9 expects repayment; 9.10 (7)(i) state income tax refunds; and 9.11 (ii) federal income tax refunds; 9.12 (8)(i) federal earned income credits; 9.13 (ii) Minnesota working family credits; 9.14 (iii) state homeowners and renters credits under chapter 9.15 290A; and 9.16 (iv) federal or state tax rebates; 9.17 (9) funds received for reimbursement, replacement, or 9.18 rebate of personal or real property when these payments are made 9.19 by public agencies, awarded by a court, solicited through public 9.20 appeal, or made as a grant by a federal agency, state or local 9.21 government, or disaster assistance organizations, subsequent to 9.22 a presidential declaration of disaster; 9.23 (10) the portion of an insurance settlement that is used to 9.24 pay medical, funeral, and burial expenses, or to repair or 9.25 replace insured property; 9.26 (11) reimbursements for medical expenses that cannot be 9.27 paid by medical assistance; 9.28 (12) payments by a vocational rehabilitation program 9.29 administered by the state under chapter 268A, except those 9.30 payments that are for current living expenses; 9.31 (13) in-kind income, including any payments directly made 9.32 by a third party to a provider of goods and services; 9.33 (14) assistance payments to correct underpayments, but only 9.34 for the month in which the payment is received; 9.35 (15) payments for short-term emergency needs under section 9.36 256J.626, subdivision 2; 10.1 (16) funeral and cemetery payments as provided by section 10.2 256.935; 10.3 (17) nonrecurring cash gifts of $30 or less, not exceeding 10.4 $30 per participant in a calendar month; 10.5 (18) any form of energy assistance payment made through 10.6 Public Law 97-35, Low-Income Home Energy Assistance Act of 1981, 10.7 payments made directly to energy providers by other public and 10.8 private agencies, and any form of credit or rebate payment 10.9 issued by energy providers; 10.10 (19) Supplemental Security Income (SSI), including 10.11 retroactive SSI payments and other income of an SSI recipient, 10.12 except as described in section 256J.37, subdivision 3b; 10.13 (20) Minnesota supplemental aid, including retroactive 10.14 payments; 10.15 (21) proceeds from the sale of real or personal property; 10.16 (22) state adoption assistance payments under section 10.17 259.67, and up to an equal amount of county adoption assistance 10.18 payments; 10.19 (23) state-funded family subsidy program payments made 10.20 under section 252.32 to help families care for children with 10.21 mental retardation or related conditions, consumer support grant 10.22 funds under section 256.476, and resources and services for a 10.23 disabled household member under one of the home and 10.24 community-based waiver services programs under chapter 256B; 10.25 (24) interest payments and dividends from property that is 10.26 not excluded from and that does not exceed the asset limit; 10.27 (25) rent rebates; 10.28 (26) income earned by a minor caregiver, minor child 10.29 through age 6, or a minor child who is at least a half-time 10.30 student in an approved elementary or secondary education 10.31 program; 10.32 (27) income earned by a caregiver under age 20 who is at 10.33 least a half-time student in an approved elementary or secondary 10.34 education program; 10.35 (28) MFIP child care payments under section 119B.05; 10.36 (29) all other payments made through MFIP to support a 11.1 caregiver's pursuit of greater economic stability; 11.2 (30) income a participant receives related to shared living 11.3 expenses; 11.4 (31) reverse mortgages; 11.5 (32) benefits provided by the Child Nutrition Act of 1966, 11.6 United States Code, title 42, chapter 13A, sections 1771 to 11.7 1790; 11.8 (33) benefits provided by the women, infants, and children 11.9 (WIC) nutrition program, United States Code, title 42, chapter 11.10 13A, section 1786; 11.11 (34) benefits from the National School Lunch Act, United 11.12 States Code, title 42, chapter 13, sections 1751 to 1769e; 11.13 (35) relocation assistance for displaced persons under the 11.14 Uniform Relocation Assistance and Real Property Acquisition 11.15 Policies Act of 1970, United States Code, title 42, chapter 61, 11.16 subchapter II, section 4636, or the National Housing Act, United 11.17 States Code, title 12, chapter 13, sections 1701 to 1750jj; 11.18 (36) benefits from the Trade Act of 1974, United States 11.19 Code, title 19, chapter 12, part 2, sections 2271 to 2322; 11.20 (37) war reparations payments to Japanese Americans and 11.21 Aleuts under United States Code, title 50, sections 1989 to 11.22 1989d; 11.23 (38) payments to veterans or their dependents as a result 11.24 of legal settlements regarding Agent Orange or other chemical 11.25 exposure under Public Law 101-239, section 10405, paragraph 11.26 (a)(2)(E); 11.27 (39) income that is otherwise specifically excluded from 11.28 MFIP consideration in federal law, state law, or federal 11.29 regulation; 11.30 (40) security and utility deposit refunds; 11.31 (41) American Indian tribal land settlements excluded under 11.32 Public Laws 98-123, 98-124, and 99-377 to the Mississippi Band 11.33 Chippewa Indians of White Earth, Leech Lake, and Mille Lacs 11.34 reservations and payments to members of the White Earth Band, 11.35 under United States Code, title 25, chapter 9, section 331, and 11.36 chapter 16, section 1407; 12.1 (42) all income of the minor parent's parents and 12.2 stepparents when determining the grant for the minor parent in 12.3 households that include a minor parent living with parents or 12.4 stepparents on MFIP with other children; 12.5 (43) income of the minor parent's parents and stepparents 12.6 equal to 200 percent of the federal poverty guideline for a 12.7 family size not including the minor parent and the minor 12.8 parent's child in households that include a minor parent living 12.9 with parents or stepparents not on MFIP when determining the 12.10 grant for the minor parent. The remainder of income is deemed 12.11 as specified in section 256J.37, subdivision 1b; 12.12 (44) payments made to children eligible for relative 12.13 custody assistance under section 257.85; 12.14 (45) vendor payments for goods and services made on behalf 12.15 of a client unless the client has the option of receiving the 12.16 payment in cash; and 12.17 (46) the principal portion of a contract for deed payment. 12.18 Sec. 13. Minnesota Statutes 2004, section 256J.24, 12.19 subdivision 5, is amended to read: 12.20 Subd. 5. [MFIP TRANSITIONAL STANDARD.] The MFIP 12.21 transitional standard is based on the number of persons in the 12.22 assistance unit eligible for both food and cash assistance 12.23 unless the restrictions in subdivision 6 on the birth of a child 12.24 apply. The following table represents the transitional 12.25 standards effective October 1,20032004. 12.26 Number of Transitional Cash Food 12.27 Eligible People Standard Portion Portion 12.28 1$371$379: $250$121$129 12.29 2$661$675: $437$224$238 12.30 3$852$876: $532$320$344 12.31 4$1,006$1,036: $621$385$415 12.32 5$1,146$1,180: $697$449$483 12.33 6$1,309$1,350: $773$536$577 12.34 7$1,428$1,472: $850$578$622 12.35 8$1,572$1,623: $916$656$707 12.36 9$1,715$1,772: $980$735$792 13.1 10$1,853$1,915: $1,035$818$880 13.2 over 10 add$137$142: $53$84$89 13.3 per additional member. 13.4 The commissioner shall annually publish in the State 13.5 Register the transitional standard for an assistance unit sizes 13.6 1 to 10 including a breakdown of the cash and food portions. 13.7 Sec. 14. Minnesota Statutes 2004, section 256J.74, 13.8 subdivision 1, is amended to read: 13.9 Subdivision 1. [SOCIAL SERVICES.] The county agency shall 13.10 refer a participant for social services that are offered in the 13.11 county of financial responsibility according to the criteria 13.12 established by that county agencyunder Minnesota Rules, parts13.139550.0010 to 9550.0092. A payment issued from federal funds 13.14 under title XX of the Social Security Act, state funds under the 13.15 Children and CommunitySocialServices Act, federal or state 13.16 child welfare funds, or county funds in a payment month must not 13.17 restrict MFIP eligibility or reduce the monthly assistance 13.18 payment for that participant. 13.19 Sec. 15. Minnesota Statutes 2004, section 256J.751, 13.20 subdivision 2, is amended to read: 13.21 Subd. 2. [QUARTERLY COMPARISON REPORT.] The commissioner 13.22 shall report quarterly to all counties on each county's 13.23 performance on the following measures: 13.24 (1) percent of MFIP caseload working in paid employment; 13.25 (2) percent of MFIP caseload receiving only the food 13.26 portion of assistance; 13.27 (3) number of MFIP cases that have left assistance; 13.28 (4) federal participation requirements as specified in 13.29 Title 1 of Public Law 104-193; 13.30 (5) median placement wage rate; 13.31 (6) caseload by months of TANF assistance; 13.32 (7) percent of MFIP and diversionary work program (DWP) 13.33 cases off cash assistance or working 30 or more hours per week 13.34 at one-year, two-year, and three-year follow-up points from a 13.35 baseline quarter. This measure is called the self-support 13.36 index. Twice annually, the commissioner shall report an 14.1 expected range of performance for each county, county grouping, 14.2 and tribe on the self-support index. The expected range shall 14.3 be derived by a statistical methodology developed by the 14.4 commissioner in consultation with the counties and tribes. The 14.5 statistical methodology shall control differences across 14.6 counties in economic conditions and demographics of the MFIP and 14.7 DWP case load; and 14.8 (8) the MFIP work participation rate, defined as the 14.9 participation requirements specified in title 1 of Public Law 14.10 104-193 applied to all MFIP cases except child only casesand14.11cases exempt under section 256J.56. 14.12 Sec. 16. Minnesota Statutes 2004, section 256J.95, 14.13 subdivision 2, is amended to read: 14.14 Subd. 2. [DEFINITIONS.] The terms used in this section 14.15 have the following meanings. 14.16 (a) "Diversionary Work Program (DWP)" means the program 14.17 established under this section. 14.18 (b) "Employment plan" means a plan developed by the job 14.19 counselor and the participant which identifies the participant's 14.20 most direct path to unsubsidized employment, lists the specific 14.21 steps that the caregiver will take on that path, and includes a 14.22 timetable for the completion of each step. For participants who 14.23 request and qualify for a family violence waiver in section 14.24 256J.521, subdivision 3, an employment plan must be developed by 14.25 the job counselor, the participant, and a person trained in 14.26 domestic violence and follow the employment plan provisions in 14.27 section 256J.521, subdivision 3. Employment plans under this 14.28 section shall be written for a period of time not to exceed four 14.29 months. 14.30 (c) "Employment services" means programs, activities, and 14.31 services in this section that are designed to assist 14.32 participants in obtaining and retaining employment. 14.33 (d) "Family maintenance needs" means current housing costs 14.34 including rent; manufactured home lot rental costs, or monthly 14.35 principal, interest, insurance premiums, and property taxes due 14.36 for mortgages or contracts for deed; association fees required 15.1 for homeownership; utility costs for current month expenses of 15.2 gas and electric, garbage, water and sewer; and a flat rate of 15.3 $35 for telephone services. 15.4 (e) "Family unit" means a group of people applying for or 15.5 receiving DWP benefits together. For the purposes of 15.6 determining eligibility for this program, the composition of the 15.7 family unitincludes the relationships inis determined 15.8 according to section 256J.24, subdivisions2 and1 to 4. 15.9 (f) "Minnesota family investment program (MFIP)" means the 15.10 assistance program as defined in section 256J.08, subdivision 57. 15.11 (g) "Personal needs allowance" means an allowance of up to 15.12 $70 per month per DWP unit member to pay for expenses such as 15.13 household products and personal products. 15.14 (h) "Work activities" means allowable work activities as 15.15 defined in section 256J.49, subdivision 13. 15.16 (i) "Caregiver" means the caregiver as defined in section 15.17 256J.08, subdivision 11. 15.18 Sec. 17. Minnesota Statutes 2004, section 256J.95, 15.19 subdivision 6, is amended to read: 15.20 Subd. 6. [INITIAL SCREENING OF APPLICATIONS.] Upon receipt 15.21 of the application, the county agency must determine if the 15.22 applicant may be eligible for other benefits as required in 15.23 sections 256J.09, subdivision 3a, and 256J.28, subdivisions 1 15.24 and 5. The county must screen and the applicant must apply for 15.25 other benefits as required under section 256J.30, subdivision 15.26 2. The county must also follow the provisions in section 15.27 256J.09, subdivision 3b, clause (2). 15.28 Sec. 18. Minnesota Statutes 2004, section 256J.95, 15.29 subdivision 11, is amended to read: 15.30 Subd. 11. [UNIVERSAL PARTICIPATION REQUIRED.] (a) All DWP 15.31 caregivers, except caregivers who meet the criteria in paragraph 15.32 (d), are required to participate in DWP employment services. 15.33 Except as specified in paragraphs (b) and (c), employment plans 15.34 under DWP must, at a minimum, meet the requirements in section 15.35 256J.55, subdivision 1. 15.36 (b) A caregiver who is a member of a two-parent family that 16.1 is required to participate in DWP who would otherwise be 16.2 ineligible for DWP under subdivision 3 may be allowed to develop 16.3 an employment plan under section 256J.521, subdivision 2, 16.4 paragraph (c), that may contain alternate activities and reduced 16.5 hours. 16.6 (c) A participant who is a victim of family violence shall 16.7 be allowed to develop an employment plan under section 256J.521, 16.8 subdivision 3. A claim of family violence must be documented by 16.9 the applicant or participant by providing a sworn statement 16.10 which is supported by collateral documentation in section 16.11 256J.545, paragraph (b). 16.12 (d) One parent in a two-parent family unit that has a 16.13 natural born child under 12 weeks of age is not required to have 16.14 an employment plan until the child reaches 12 weeks of age 16.15 unless the family unit has already used the exclusion under 16.16 section 256J.561, subdivision23, or the previously allowed 16.17 child under age one exemption under section 256J.56, paragraph 16.18 (a), clause (5). 16.19 (e) The provision in paragraph (d) ends the first full 16.20 month after the child reaches 12 weeks of age. This provision 16.21 is allowable only once in a caregiver's lifetime. In a 16.22 two-parent household, only one parent shall be allowed to use 16.23 this category. 16.24 (f) The participant and job counselor must meet within ten 16.25 working days after the child reaches 12 weeks of age to revise 16.26 the participant's employment plan. The employment plan for a 16.27 family unit that has a child under 12 weeks of age that has 16.28 already used the exclusion in section 256J.561 or the previously 16.29 allowed child under age one exemption under section 256J.56, 16.30 paragraph (a), clause (5), must be tailored to recognize the 16.31 caregiving needs of the parent. 16.32 Sec. 19. Minnesota Statutes 2004, section 256J.95, 16.33 subdivision 18, is amended to read: 16.34 Subd. 18. [REINSTATEMENT FOLLOWING DISQUALIFICATION.] A 16.35 participant who has been disqualified from the diversionary work 16.36 program due to noncompliance with employment services may regain 17.1 eligibility for the diversionary work program by complying with 17.3 program requirements. A participant who has been disqualified 17.4 from the diversionary work program due to noncooperation with 17.5 child support enforcement requirements may regain eligibility by 17.6 complying with child support requirements under section 17.7 256.741. Once a participant has been reinstated, the county 17.8 shall issue prorated benefits for the remaining portion of the 17.9 month. A family unit that has been disqualified from the 17.10 diversionary work program due to noncompliance shall not be 17.11 eligible for MFIP or any other TANF cash programduring the17.12period of time the participant remains noncompliantfor the 17.13 remainder of the four-month period. In a two-parent family, 17.14 both parents must be in compliance before the family unit can 17.15 regain eligibility for benefits. 17.16 Sec. 20. Minnesota Statutes 2004, section 256J.95, 17.17 subdivision 19, is amended to read: 17.18 Subd. 19. [DWP OVERPAYMENTS AND UNDERPAYMENTS.] DWP 17.19 benefits are subject to overpayments and underpayments. Anytime 17.20 an overpayment or an underpayment is determined for DWP, the 17.21 correction shall be calculated using prospective budgeting. 17.22 Corrections shall be determined based on the policy in section 17.23 256J.34, subdivision 1, paragraphs (a), (b), and (c), and17.24subdivision 3, paragraph (b), clause (1). ATM errors must be 17.25 recovered as specified in section 256J.38, subdivision 5.DWP17.26overpayments are not subject toCross program recoupment of 17.27 overpayments cannot be assigned to or from DWP. 17.28 Sec. 21. Minnesota Statutes 2004, section 518.6111, 17.29 subdivision 7, is amended to read: 17.30 Subd. 7. [SUBSEQUENT INCOME WITHHOLDING.] (a) This 17.31 subdivision applies to support orders that do not contain 17.32 provisions for income withholding. 17.33 (b) For cases in which the public authority is providing 17.34 child support enforcement services to the parties, the income 17.35 withholding under this subdivision shall take effect without 17.36 prior judicial notice to the obligor and without the need for 17.37 judicial or administrative hearing. Withholding shall result 18.1 when: 18.2 (1) the obligor requests it in writing to the public 18.3 authority; 18.4 (2) the obligee or obligor serves on the public authority a 18.5 copy of the notice of income withholding, a copy of the court's 18.6 order, an application, and the fee to use the public authority's 18.7 collection services; or 18.8 (3) the public authority commences withholding according to 18.9 section 518.5513, subdivision65, paragraph (a), clause (5). 18.10 (c) For cases in which the public authority is not 18.11 providing child support services to the parties, income 18.12 withholding under this subdivision shall take effect when an 18.13 obligee requests it by making a written motion to the court and 18.14 the court finds that previous support has not been paid on a 18.15 timely consistent basis or that the obligor has threatened 18.16 expressly or otherwise to stop or reduce payments. 18.17 (d) Within two days after the public authority commences 18.18 withholding under this subdivision, the public authority shall 18.19 send to the obligor at the obligor's last known address, notice 18.20 that withholding has commenced. The notice shall include the 18.21 information provided to the payor of funds in the notice of 18.22 withholding. 18.23 Sec. 22. Laws 1997, chapter 245, article 2, section 11, as 18.24 amended by Laws 2003, First Special Session chapter 14, article 18.25 10, section 7, and Laws 2004, chapter 288, article 4, section 18.26 60, is amended to read: 18.27 Sec. 11. [FEDERAL FUNDS FOR VISITATION AND ACCESS.] 18.28 The commissioner of human services shall apply for and 18.29 accept on behalf of the state any federal funding received under 18.30 Public Law Number 104-193 for access and visitation programs. 18.31 The commissionershall transfer these funds in three equal18.32amounts to the FATHER Project of Goodwill/Easter Seals18.33Minnesota, the Hennepin County African American Men Project, and18.34the Minnesota Fathers & Families Network for use of the18.35activities allowed under federal law. These programsmust 18.36 administer the funds for the activities allowed under federal 19.1 law. The commissioner may distribute the funds on a competitive 19.2 basis and must monitor, evaluate, and report on the access and 19.3 visitation programs in accordance with any applicable 19.4 regulations. 19.5 Sec. 23. [REVISOR'S INSTRUCTION.] 19.6 (a) The revisor of statutes shall change the term 19.7 "education" to "human services" in Minnesota Statutes, sections 19.8 119A.11, subdivision 6; 119A.17; 119B.011, subdivision 8; 19.9 119B.189, subdivisions 2, clause (3), and 4; 119B.19; and 19.10 119B.24. 19.11 (b) The revisor of statutes shall change the term 19.12 "Department of Human Services" to "Department of Education" and 19.13 "Department of Education" to "Department of Human Services" in 19.14 Minnesota Statutes, section 119A.04, subdivision 1. 19.15 (c) The revisor of statutes shall codify Laws 1997, chapter 19.16 162, article 3, section 7, and change "children, families, and 19.17 learning" to "human services" wherever it appears in section 7. 19.18 (d) The revisor of statutes shall renumber each section of 19.19 Minnesota Statutes specified in column A with the number 19.20 specified in column B. The revisor shall make necessary 19.21 cross-reference changes consistent with the renumbering. 19.22 Column A Column B 19.23 13.319, subd. 5 13.461, subd. 30 19.24 13.321, subd. 7, para. (b) 13.461, subd. 31 19.25 119A.10 256E.20 19.26 119A.11 256E.21 19.27 119A.12 256E.22 19.28 119A.14 256E.24 19.29 119A.15 256E.25 19.30 119A.16 256E.26 19.31 119A.17 256E.27 19.32 119A.374 256E.30 19.33 119A.375 256E.31 19.34 119A.376 256E.32 19.35 119A.43 256E.33 19.36 119A.44 256E.34 20.1 119A.445 256E.35 20.2 (e) The revisor of statutes shall recodify any changes to 20.3 Minnesota Statutes, chapter 119A, that occur during the 2005 20.4 legislative session to comply with the changes specified in this 20.5 section. If a new section or subdivision is added to chapter 20.6 119A that is a program administered by the commissioner of human 20.7 services, the revisor shall recodify that section or subdivision 20.8 in the appropriate section specified under paragraph (d), column 20.9 B. 20.10 Sec. 24. [REPEALER.] 20.11 Minnesota Statutes 2004, section 256K.35, is repealed. 20.12 ARTICLE 2 20.13 HEALTH CARE AND CONTINUING CARE 20.14 Section 1. Minnesota Statutes 2004, section 256B.04, 20.15 subdivision 14, is amended to read: 20.16 Subd. 14. [COMPETITIVE BIDDING.] (a) When determined to be 20.17 effective, economical, and feasible, the commissioner may 20.18 utilize volume purchase through competitive bidding and 20.19 negotiation under the provisions of chapter 16C, to provide 20.20 items under the medical assistance program including but not 20.21 limited to the following: 20.22 (1) eyeglasses; 20.23 (2) oxygen. The commissioner shall provide for oxygen 20.24 needed in an emergency situation on a short-term basis, until 20.25 the vendor can obtain the necessary supply from the contract 20.26 dealer; 20.27 (3) hearing aids and supplies; and 20.28 (4) durable medical equipment, including but not limited to: 20.29(a)(i) hospital beds; 20.30(b)(ii) commodes; 20.31(c)(iii) glide-about chairs; 20.32(d)(iv) patient lift apparatus; 20.33(e)(v) wheelchairs and accessories; 20.34(f)(vi) oxygen administration equipment; 20.35(g)(vii) respiratory therapy equipment; 20.36(h)(viii) electronic diagnostic, therapeutic and life 21.1 support systems; 21.2 (5) special transportation services; and 21.3 (6) drugs. 21.4 (b) Rate changes under this chapter and chapters 256D and 21.5 256L do not affect contract payments under this subdivision 21.6 unless specifically identified. 21.7 Sec. 2. Minnesota Statutes 2004, section 256B.056, 21.8 subdivision 1c, is amended to read: 21.9 Subd. 1c. [FAMILIES WITH CHILDREN INCOME METHODOLOGY.] 21.10 (a)(1) (Expired, 1Sp2003 c 14 art 12 s 17) 21.11 (2) For applications processed within one calendar month 21.12 prior to July 1, 2003, eligibility shall be determined by 21.13 applying the income standards and methodologies in effect prior 21.14 to July 1, 2003, for any months in the six-month budget period 21.15 before July 1, 2003, and the income standards and methodologies 21.16 in effect on July 1, 2003, for any months in the six-month 21.17 budget period on or after that date. The income standards for 21.18 each month shall be added together and compared to the 21.19 applicant's total countable income for the six-month budget 21.20 period to determine eligibility. 21.21 (3) For children ages one through 18 whose eligibility is 21.22 determined under section 256B.057, subdivision 2, the following 21.23 deductions shall be applied to income counted toward the child's 21.24 eligibility as allowed under the state's AFDC plan in effect as 21.25 of July 16, 1996: $90 work expense, dependent care, and child 21.26 support paid under court order. This clause is effective 21.27 October 1, 2003. 21.28 (b) For families with children whose eligibility is 21.29 determined using the standard specified in section 256B.056, 21.30 subdivision 4, paragraph (c), 17 percent of countable earned 21.31 income shall be disregarded for up to four months and the 21.32 following deductions shall be applied to each individual's 21.33 income counted toward eligibility as allowed under the state's 21.34 AFDC plan in effect as of July 16, 1996: dependent care and 21.35 child support paid under court order. 21.36 (c) If the four-month disregard in paragraph (b) has been 22.1 applied to the wage earner's income for four months, the 22.2 disregard shall not be applied again until the wage earner's 22.3 income has not been considered in determining medical assistance 22.4 eligibility for 12 consecutive months. 22.5 (d) The commissioner shall adjust the income standards 22.6 under this section each July 1 by the annual update of the 22.7 federal poverty guidelines following publication by the United 22.8 States Department of Health and Human Services. 22.9 Sec. 3. Minnesota Statutes 2004, section 256B.0625, 22.10 subdivision 5, is amended to read: 22.11 Subd. 5. [COMMUNITY MENTAL HEALTH CENTER SERVICES.] 22.12 Medical assistance covers community mental health center 22.13 services provided by a community mental health center that meets 22.14 the requirements in paragraphs (a) to (j). 22.15 (a) The provider is licensed under Minnesota Rules, parts 22.16 9520.0750 to 9520.0870. 22.17 (b) The provider provides mental health services under the 22.18 clinical supervision of a mental health professional who is 22.19 licensed for independent practice at the doctoral level or by a 22.20 board-certified psychiatrist or a psychiatrist who is eligible 22.21 for board certification. Clinical supervision has the meaning 22.22 given in Minnesota Rules, part 9505.0323, subpart 1, item F. 22.23 (c) The provider must be a private nonprofit corporation or 22.24 a governmental agency and have a community board of directors as 22.25 specified by section 245.66. 22.26 (d) The provider must have a sliding fee scale that meets 22.27 the requirements inMinnesota Rules, part 9550.0060section 22.28 245.481, and agree to serve within the limits of its capacity 22.29 all individuals residing in its service delivery area. 22.30 (e) At a minimum, the provider must provide the following 22.31 outpatient mental health services: diagnostic assessment; 22.32 explanation of findings; family, group, and individual 22.33 psychotherapy, including crisis intervention psychotherapy 22.34 services, multiple family group psychotherapy, psychological 22.35 testing, and medication management. In addition, the provider 22.36 must provide or be capable of providing upon request of the 23.1 local mental health authority day treatment services and 23.2 professional home-based mental health services. The provider 23.3 must have the capacity to provide such services to specialized 23.4 populations such as the elderly, families with children, persons 23.5 who are seriously and persistently mentally ill, and children 23.6 who are seriously emotionally disturbed. 23.7 (f) The provider must be capable of providing the services 23.8 specified in paragraph (e) to individuals who are diagnosed with 23.9 both mental illness or emotional disturbance, and chemical 23.10 dependency, and to individuals dually diagnosed with a mental 23.11 illness or emotional disturbance and mental retardation or a 23.12 related condition. 23.13 (g) The provider must provide 24-hour emergency care 23.14 services or demonstrate the capacity to assist recipients in 23.15 need of such services to access such services on a 24-hour basis. 23.16 (h) The provider must have a contract with the local mental 23.17 health authority to provide one or more of the services 23.18 specified in paragraph (e). 23.19 (i) The provider must agree, upon request of the local 23.20 mental health authority, to enter into a contract with the 23.21 county to provide mental health services not reimbursable under 23.22 the medical assistance program. 23.23 (j) The provider may not be enrolled with the medical 23.24 assistance program as both a hospital and a community mental 23.25 health center. The community mental health center's 23.26 administrative, organizational, and financial structure must be 23.27 separate and distinct from that of the hospital. 23.28 Sec. 4. Minnesota Statutes 2004, section 256B.0625, 23.29 subdivision 27, is amended to read: 23.30 Subd. 27. [ORGAN AND TISSUE TRANSPLANTS.]Medical23.31assistance coverage for organ and tissue transplant procedures23.32is limited to those procedures covered by the Medicare program23.33or approved by the Advisory Committee on Organ and Tissue23.34Transplants.All organ transplants must be performed at 23.35 transplant centers meeting united network for organ sharing 23.36 criteria or at Medicare-approved organ transplant centers. Stem 24.1 cell or bone marrow transplant centers must meet the standards 24.2 established by the Foundation for the Accreditation of 24.3 Hematopoietic Cell Therapyor be approved by the Advisory24.4Committee on Organ and Tissue Transplants. Transplant24.5procedures must comply with all applicable laws, rules, and24.6regulations governing (1) coverage by the Medicare program, (2)24.7federal financial participation by the Medicaid program, and (3)24.8coverage by the Minnesota medical assistance program.24.9Transplants performed out of Minnesota or the local trade area24.10must be prior authorized. 24.11 Sec. 5. Minnesota Statutes 2004, section 256B.0911, 24.12 subdivision 6, is amended to read: 24.13 Subd. 6. [PAYMENT FOR LONG-TERM CARE CONSULTATION 24.14 SERVICES.] (a) The total payment for each county must be paid 24.15 monthly by certified nursing facilities in the county. The 24.16 monthly amount to be paid by each nursing facility for each 24.17 fiscal year must be determined by dividing the county's annual 24.18 allocation for long-term care consultation services by 12 to 24.19 determine the monthly payment and allocating the monthly payment 24.20 to each nursing facility based on the number of licensed beds in 24.21 the nursing facility. Payments to counties in which there is no 24.22 certified nursing facility must be made by increasing the 24.23 payment rate of the two facilities located nearest to the county 24.24 seat. 24.25 (b) The commissioner shall include the total annual payment 24.26 determined under paragraph (a) for each nursing facility 24.27 reimbursed under section 256B.431 or 256B.434 according to 24.28 section 256B.431, subdivision 2b, paragraph (g), or 256B.435. 24.29 (c) In the event of the layaway, delicensure and 24.30 decertification, or removal from layaway of 25 percent or more 24.31 of the beds in a facility, the commissioner may adjust the per 24.32 diem payment amount in paragraph (b) and may adjust the monthly 24.33 payment amount in paragraph (a). The effective date of an 24.34 adjustment made under this paragraph shall be on or after the 24.35 first day of the month following the effective date of the 24.36 layaway, delicensure and decertification, or removal from 25.1 layaway. 25.2 (d) Payments for long-term care consultation services are 25.3 available to the county or counties to cover staff salaries and 25.4 expenses to provide the services described in subdivision 1a. 25.5 The county shall employ, or contract with other agencies to 25.6 employ, within the limits of available funding, sufficient 25.7 personnel to provide long-term care consultation services while 25.8 meeting the state's long-term care outcomes and objectives as 25.9 defined in section 256B.0917, subdivision 1. The county shall 25.10 be accountable for meeting local objectives as approved by the 25.11 commissioner in theCSSAbiennial home and community based 25.12 services quality assurance plan on a form provided by the 25.13 commissioner. 25.14 (e) Notwithstanding section 256B.0641, overpayments 25.15 attributable to payment of the screening costs under the medical 25.16 assistance program may not be recovered from a facility. 25.17 (f) The commissioner of human services shall amend the 25.18 Minnesota medical assistance plan to include reimbursement for 25.19 the local consultation teams. 25.20 (g) The county may bill, as case management services, 25.21 assessments, support planning, and follow-along provided to 25.22 persons determined to be eligible for case management under 25.23 Minnesota health care programs. No individual or family member 25.24 shall be charged for an initial assessment or initial support 25.25 plan development provided under subdivision 3a or 3b. 25.26 Sec. 6. Minnesota Statutes 2004, section 256B.0913, 25.27 subdivision 13, is amended to read: 25.28 Subd. 13. [COUNTY BIENNIAL PLAN.] The county biennial plan 25.29 for long-term care consultation services under section 25.30 256B.0911, the alternative care program under this section, and 25.31 waivers for the elderly under section 256B.0915, shall be 25.32incorporated into the biennial Community Social Services Act25.33plan and shall meet the regulations and timelines of25.34thatsubmitted by the lead agency as the home and community 25.35 based services quality assurance plan on a form provided by the 25.36 commissioner. 26.1 Sec. 7. Minnesota Statutes 2004, section 256B.092, 26.2 subdivision 1f, is amended to read: 26.3 Subd. 1f. [COUNTY WAITING LIST.] The county agency shall 26.4 maintain a waiting list of persons with developmental 26.5 disabilities specifying the services needed but not provided. 26.6 This waiting list shall be used by county agencies to assist 26.7 them in developing needed services or amending their children 26.8 and communitysocial services planservice agreements. 26.9 Sec. 8. Minnesota Statutes 2004, section 256B.094, 26.10 subdivision 8, is amended to read: 26.11 Subd. 8. [PAYMENT LIMITATION.] Services that are not 26.12 eligible for payment as a child welfare targeted case management 26.13 service include, but are not limited to: 26.14 (1) assessments prior to opening a case; 26.15 (2) therapy and treatment services; 26.16 (3) legal services, including legal advocacy, for the 26.17 client; 26.18 (4) information and referral servicesthat are part of a26.19county's community social services plan,that are not provided 26.20 to an eligible recipient; 26.21 (5) outreach services including outreach services provided 26.22 through the community support services program; 26.23 (6) services that are not documented as required under 26.24 subdivision 7 and Minnesota Rules, parts 9505.2165 and 26.25 9505.2175; 26.26 (7) services that are otherwise eligible for payment on a 26.27 separate schedule under rules of the Department of Human 26.28 Services; 26.29 (8) services to a client that duplicate the same case 26.30 management service from another case manager; 26.31 (9) case management services provided to patients or 26.32 residents in a medical assistance facility except as described 26.33 under subdivision 2, clause (9); and 26.34 (10) for children in foster care, group homes, or 26.35 residential care, payment for case management services is 26.36 limited to case management services that focus on permanency 27.1 planning or return to the family home and that do not duplicate 27.2 the facility's discharge planning services. 27.3 Sec. 9. Minnesota Statutes 2004, section 256B.0943, 27.4 subdivision 6, is amended to read: 27.5 Subd. 6. [PROVIDER ENTITY CLINICAL INFRASTRUCTURE 27.6 REQUIREMENTS.] (a) To be an eligible provider entity under this 27.7 section, a provider entity must have a clinical infrastructure 27.8 that utilizes diagnostic assessment, an individualized treatment 27.9 plan, service delivery, and individual treatment plan review 27.10 that are culturally competent, child-centered, and family-driven 27.11 to achieve maximum benefit for the client. The provider entity 27.12 must review and update the clinical policies and procedures 27.13 every three years and must distribute the policies and 27.14 procedures to staff initially and upon each subsequent update. 27.15 (b) The clinical infrastructure written policies and 27.16 procedures must include policies and procedures for: 27.17 (1) providing or obtaining a client's diagnostic assessment 27.18 that identifies acute and chronic clinical disorders, 27.19 co-occurring medical conditions, sources of psychological and 27.20 environmental problems, and a functional assessment. The 27.21 functional assessment must clearly summarize the client's 27.22 individual strengths and needs; 27.23 (2) developing an individual treatment plan that is: 27.24 (i) based on the information in the client's diagnostic 27.25 assessment; 27.26 (ii) developed no later than the end of the first 27.27 psychotherapy session after the completion of the client's 27.28 diagnostic assessment by the mental health professional who 27.29 provides the client's psychotherapy; 27.30 (iii) developed through a child-centered, family-driven 27.31 planning process that identifies service needs and 27.32 individualized, planned, and culturally appropriate 27.33 interventions that contain specific treatment goals and 27.34 objectives for the client and the client's family or foster 27.35 family; 27.36 (iv) reviewed at least once every 90 days and revised, if 28.1 necessary; and 28.2 (v) signed by the client or, if appropriate, by the 28.3 client's parent or other person authorized by statute to consent 28.4 to mental health services for the client; 28.5 (3) developing an individual behavior plan that documents 28.6 services to be provided by the mental health behavioral aide. 28.7 The individual behavior plan must include: 28.8 (i) detailed instructions on the service to be provided; 28.9 (ii) time allocated to each service; 28.10 (iii) methods of documenting the child's behavior; 28.11 (iv) methods of monitoring the child's progress in reaching 28.12 objectives; and 28.13 (v) goals to increase or decrease targeted behavior as 28.14 identified in the individual treatment plan; 28.15 (4) clinical supervision of the mental health practitioner 28.16 and mental health behavioral aide. A mental health professional 28.17 must document the clinical supervision the professional provides 28.18 by cosigning individual treatment plans and making entries in 28.19 the client's record on supervisory activities. Clinical 28.20 supervision does not include the authority to make or terminate 28.21 court-ordered placements of the child. A clinical supervisor 28.22 must be available for urgent consultation as required by the 28.23 individual client's needs or the situation. Clinical 28.24 supervision may occur individually or in a small group to 28.25 discuss treatment and review progress toward goals. The focus 28.26 of clinical supervision must be the client's treatment needs and 28.27 progress and the mental health practitioner's or behavioral 28.28 aide's ability to provide services; 28.29 (4a) CTSS certified provider entities providing day 28.30 treatment programs must meet the conditions in items (i) to 28.31 (iii): 28.32 (i) the provider must be present and available on the 28.33 premises more than 50 percent of the time in a five-working-day 28.34 period during which the supervisee is providing a mental health 28.35 service; 28.36 (ii) the diagnosis and the client's individual treatment 29.1 plan or a change in the diagnosis or individual treatment plan 29.2 must be made by or reviewed, approved, and signed by the 29.3 provider; and 29.4 (iii) every 30 days, the supervisor must review and sign 29.5 the record of the client's care for all activities in the 29.6 preceding 30-day period; 29.7 (4b) for all other services provided under CTSS, clinical 29.8 supervision standards provided in items (i) to (iii) must be 29.9 used: 29.10 (i) medical assistance shall reimburse a mental health 29.11 practitioner who maintains a consulting relationship with a 29.12 mental health professional who accepts full professional 29.13 responsibility and is present on-site for at least one 29.14 observation during the first 12 hours in which the mental health 29.15 practitioner provides the individual, family, or group skills 29.16 training to the child or the child's family; 29.17 (ii) thereafter, the mental health professional is required 29.18 to be present on-site for observation as clinically appropriate 29.19 when the mental health practitioner is providing individual, 29.20 family, or group skills training to the child or the child's 29.21 family; and 29.22 (iii) the observation must be a minimum of one clinical 29.23 unit. The on-site presence of the mental health professional 29.24 must be documented in the child's record and signed by the 29.25 mental health professional who accepts full professional 29.26 responsibility; 29.27 (5) providing direction to a mental health behavioral 29.28 aide. For entities that employ mental health behavioral aides, 29.29 the clinical supervisor must be employed by the provider entity 29.30 to ensure necessary and appropriate oversight for the client's 29.31 treatment and continuity of care. The mental health 29.32 professional or mental health practitioner giving direction must 29.33 begin with the goals on the individualized treatment plan, and 29.34 instruct the mental health behavioral aide on how to construct 29.35 therapeutic activities and interventions that will lead to goal 29.36 attainment. The professional or practitioner giving direction 30.1 must also instruct the mental health behavioral aide about the 30.2 client's diagnosis, functional status, and other characteristics 30.3 that are likely to affect service delivery. Direction must also 30.4 include determining that the mental health behavioral aide has 30.5 the skills to interact with the client and the client's family 30.6 in ways that convey personal and cultural respect and that the 30.7 aide actively solicits information relevant to treatment from 30.8 the family. The aide must be able to clearly explain the 30.9 activities the aide is doing with the client and the activities' 30.10 relationship to treatment goals. Direction is more didactic 30.11 than is supervision and requires the professional or 30.12 practitioner providing it to continuously evaluate the mental 30.13 health behavioral aide's ability to carry out the activities of 30.14 the individualized treatment plan and the individualized 30.15 behavior plan. When providing direction, the professional or 30.16 practitioner must: 30.17 (i) review progress notes prepared by the mental health 30.18 behavioral aide for accuracy and consistency with diagnostic 30.19 assessment, treatment plan, and behavior goals and the 30.20 professional or practitioner must approve and sign the progress 30.21 notes; 30.22 (ii) identify changes in treatment strategies, revise the 30.23 individual behavior plan, and communicate treatment instructions 30.24 and methodologies as appropriate to ensure that treatment is 30.25 implemented correctly; 30.26 (iii) demonstrate family-friendly behaviors that support 30.27 healthy collaboration among the child, the child's family, and 30.28 providers as treatment is planned and implemented; 30.29 (iv) ensure that the mental health behavioral aide is able 30.30 to effectively communicate with the child, the child's family, 30.31 and the provider; and 30.32 (v) record the results of any evaluation and corrective 30.33 actions taken to modify the work of the mental health behavioral 30.34 aide; 30.35 (6) providing service delivery that implements the 30.36 individual treatment plan and meets the requirements under 31.1 subdivision 9; and 31.2 (7) individual treatment plan review. The review must 31.3 determine the extent to which the services have met the goals 31.4 and objectives in the previous treatment plan. The review must 31.5 assess the client's progress and ensure that services and 31.6 treatment goals continue to be necessary and appropriate to the 31.7 client and the client's family or foster family. Revision of 31.8 the individual treatment plan does not require a new diagnostic 31.9 assessment unless the client's mental health status has changed 31.10 markedly. The updated treatment plan must be signed by the 31.11 client, if appropriate, and by the client's parent or other 31.12 person authorized by statute to give consent to the mental 31.13 health services for the child. 31.14 Sec. 10. Minnesota Statutes 2004, section 256B.0943, 31.15 subdivision 12, is amended to read: 31.16 Subd. 12. [EXCLUDED SERVICES.] The following services are 31.17 not eligible for medical assistance payment as children's 31.18 therapeutic services and supports: 31.19 (1) service components of children's therapeutic services 31.20 and supports simultaneously provided by more than one provider 31.21 entity unless prior authorization is obtained; 31.22 (2) children's therapeutic services and supports provided 31.23 in violation of medical assistance policy in Minnesota Rules, 31.24 part 9505.0220; 31.25 (3) mental health behavioral aide services provided by a 31.26 personal care assistant who is not qualified as a mental health 31.27 behavioral aide and employed by a certified children's 31.28 therapeutic services and supports provider entity; 31.29 (4)servicesservice components of CTSS that are the 31.30 responsibility of a residential or program license holder, 31.31 including foster care providers under the terms of a service 31.32 agreement or administrative rules governing licensure; and 31.33 (5) adjunctive activities that may be offered by a provider 31.34 entity but are not otherwise covered by medical assistance, 31.35 including: 31.36 (i) a service that is primarily recreation oriented or that 32.1 is provided in a setting that is not medically supervised. This 32.2 includes sports activities, exercise groups, activities such as 32.3 craft hours, leisure time, social hours, meal or snack time, 32.4 trips to community activities, and tours; 32.5 (ii) a social or educational service that does not have or 32.6 cannot reasonably be expected to have a therapeutic outcome 32.7 related to the client's emotional disturbance; 32.8 (iii) consultation with other providers or service agency 32.9 staff about the care or progress of a client; 32.10 (iv) prevention or education programs provided to the 32.11 community; and 32.12 (v) treatment for clients with primary diagnoses of alcohol 32.13 or other drug abuse. 32.14 Sec. 11. Minnesota Statutes 2004, section 256B.0943, 32.15 subdivision 13, is amended to read: 32.16 Subd. 13. [EXCEPTION TO EXCLUDED SERVICES.] 32.17 Notwithstanding subdivision 12, up to 15 hours of children's 32.18 therapeutic services and supports provided within a six-month 32.19 period to a child with severe emotional disturbance who is 32.20 residing in a hospital; a group home as defined in Minnesota 32.21 Rules,part 9560.0520, subpart 4parts 2960.0130 to 2960.0220; a 32.22 residential treatment facility licensed under Minnesota Rules, 32.23 parts9545.0900 to 9545.10902960.0580 to 2960.0690; a regional 32.24 treatment center; or other institutional group setting or who is 32.25 participating in a program of partial hospitalization are 32.26 eligible for medical assistance payment if part of the discharge 32.27 plan. 32.28 Sec. 12. Minnesota Statutes 2004, section 256B.503, is 32.29 amended to read: 32.30 256B.503 [RULES.] 32.31 To implement Laws 1983, chapter 312, article 9, sections 1 32.32 to 7, the commissioner shall promulgate rules. Rules adopted to 32.33 implement Laws 1983, chapter 312, article 9, section 5, must (a) 32.34be in accord with the provisions of Minnesota Statutes, chapter32.35256E, (b)set standards for case management which include, 32.36 encourage, and enable flexible administration,(c)(b) require 33.1 the county boards to develop individualized procedures governing 33.2 case management activities,(d)(c) consider criteria 33.3 promulgated under section 256B.092, subdivision 3, and the 33.4 federal waiver plan,(e)(d) identify cost implications to the 33.5 state and to county boards, and(f)(e) require the screening 33.6 teams to make recommendations to the county case manager for 33.7 development of the individual service plan. 33.8 The commissioner shall adopt rules to implement this 33.9 section by July 1, 1986. 33.10 Sec. 13. Minnesota Statutes 2004, section 256B.75, is 33.11 amended to read: 33.12 256B.75 [HOSPITAL OUTPATIENT REIMBURSEMENT.] 33.13 (a) For outpatient hospital facility fee payments for 33.14 services rendered on or after October 1, 1992, the commissioner 33.15 of human services shall pay the lower of (1) submitted charge, 33.16 or (2) 32 percent above the rate in effect on June 30, 1992, 33.17 except for those services for which there is a federal maximum 33.18 allowable payment. Effective for services rendered on or after 33.19 January 1, 2000, payment rates for nonsurgical outpatient 33.20 hospital facility fees and emergency room facility fees shall be 33.21 increased by eight percent over the rates in effect on December 33.22 31, 1999, except for those services for which there is a federal 33.23 maximum allowable payment. Services for which there is a 33.24 federal maximum allowable payment shall be paid at the lower of 33.25 (1) submitted charge, or (2) the federal maximum allowable 33.26 payment. Total aggregate payment for outpatient hospital 33.27 facility fee services shall not exceed the Medicare upper 33.28 limit. If it is determined that a provision of this section 33.29 conflicts with existing or future requirements of the United 33.30 States government with respect to federal financial 33.31 participation in medical assistance, the federal requirements 33.32 prevail. The commissioner may, in the aggregate, prospectively 33.33 reduce payment rates to avoid reduced federal financial 33.34 participation resulting from rates that are in excess of the 33.35 Medicare upper limitations. 33.36 (b) Notwithstanding paragraph (a), payment for outpatient, 34.1 emergency, and ambulatory surgery hospital facility fee services 34.2 for critical access hospitals designated under section 144.1483, 34.3 clause(11)(10), shall be paid on a cost-based payment system 34.4 that is based on the cost-finding methods and allowable costs of 34.5 the Medicare program. 34.6 (c) Effective for services provided on or after July 1, 34.7 2003, rates that are based on the Medicare outpatient 34.8 prospective payment system shall be replaced by a budget neutral 34.9 prospective payment system that is derived using medical 34.10 assistance data. The commissioner shall provide a proposal to 34.11 the 2003 legislature to define and implement this provision. 34.12 (d) For fee-for-service services provided on or after July 34.13 1, 2002, the total payment, before third-party liability and 34.14 spenddown, made to hospitals for outpatient hospital facility 34.15 services is reduced by .5 percent from the current statutory 34.16 rate. 34.17 (e) In addition to the reduction in paragraph (d), the 34.18 total payment for fee-for-service services provided on or after 34.19 July 1, 2003, made to hospitals for outpatient hospital facility 34.20 services before third-party liability and spenddown, is reduced 34.21 five percent from the current statutory rates. Facilities 34.22 defined under section 256.969, subdivision 16, are excluded from 34.23 this paragraph. 34.24 Sec. 14. Minnesota Statutes 2004, section 256D.03, 34.25 subdivision 3, is amended to read: 34.26 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.] 34.27 (a) General assistance medical care may be paid for any person 34.28 who is not eligible for medical assistance under chapter 256B, 34.29 including eligibility for medical assistance based on a 34.30 spenddown of excess income according to section 256B.056, 34.31 subdivision 5, or MinnesotaCare as defined in paragraph (b), 34.32 except as provided in paragraph (c), and: 34.33 (1) who is receiving assistance under section 256D.05, 34.34 except for families with children who are eligible under 34.35 Minnesota family investment program (MFIP), or who is having a 34.36 payment made on the person's behalf under sections 256I.01 to 35.1 256I.06; or 35.2 (2) who is a resident of Minnesota; and 35.3 (i) who has gross countable income not in excess of 75 35.4 percent of the federal poverty guidelines for the family size, 35.5 using a six-month budget period and whose equity in assets is 35.6 not in excess of $1,000 per assistance unit. Exempt assets, the 35.7 reduction of excess assets, and the waiver of excess assets must 35.8 conform to the medical assistance program in section 256B.056, 35.9 subdivision 3, with the following exception: the maximum amount 35.10 of undistributed funds in a trust that could be distributed to 35.11 or on behalf of the beneficiary by the trustee, assuming the 35.12 full exercise of the trustee's discretion under the terms of the 35.13 trust, must be applied toward the asset maximum;or35.14 (ii) who has gross countable income above 75 percent of the 35.15 federal poverty guidelines but not in excess of 175 percent of 35.16 the federal poverty guidelines for the family size, using a 35.17 six-month budget period, whose equity in assets is not in excess 35.18 of the limits in section 256B.056, subdivision 3c, and who 35.19 applies during an inpatient hospitalization; or 35.20 (iii) the commissioner shall adjust the income standards 35.21 under this section each July 1 by the annual update of the 35.22 federal poverty guidelines following publication by the United 35.23 States Department of Health and Human Services. 35.24 (b) General assistance medical care may not be paid for 35.25 applicants or recipients who meet all eligibility requirements 35.26 of MinnesotaCare as defined in sections 256L.01 to 256L.16, and 35.27 are adults with dependent children under 21 whose gross family 35.28 income is equal to or less than 275 percent of the federal 35.29 poverty guidelines. 35.30 (c) For applications received on or after October 1, 2003, 35.31 eligibility may begin no earlier than the date of application. 35.32 For individuals eligible under paragraph (a), clause (2), item 35.33 (i), a redetermination of eligibility must occur every 12 35.34 months. Individuals are eligible under paragraph (a), clause 35.35 (2), item (ii), only during inpatient hospitalization but may 35.36 reapply if there is a subsequent period of inpatient 36.1 hospitalization. Beginning January 1, 2000, Minnesota health 36.2 care program applications completed by recipients and applicants 36.3 who are persons described in paragraph (b), may be returned to 36.4 the county agency to be forwarded to the Department of Human 36.5 Services or sent directly to the Department of Human Services 36.6 for enrollment in MinnesotaCare. If all other eligibility 36.7 requirements of this subdivision are met, eligibility for 36.8 general assistance medical care shall be available in any month 36.9 during which a MinnesotaCare eligibility determination and 36.10 enrollment are pending. Upon notification of eligibility for 36.11 MinnesotaCare, notice of termination for eligibility for general 36.12 assistance medical care shall be sent to an applicant or 36.13 recipient. If all other eligibility requirements of this 36.14 subdivision are met, eligibility for general assistance medical 36.15 care shall be available until enrollment in MinnesotaCare 36.16 subject to the provisions of paragraph (e). 36.17 (d) The date of an initial Minnesota health care program 36.18 application necessary to begin a determination of eligibility 36.19 shall be the date the applicant has provided a name, address, 36.20 and Social Security number, signed and dated, to the county 36.21 agency or the Department of Human Services. If the applicant is 36.22 unable to provide a name, address, Social Security number, and 36.23 signature when health care is delivered due to a medical 36.24 condition or disability, a health care provider may act on an 36.25 applicant's behalf to establish the date of an initial Minnesota 36.26 health care program application by providing the county agency 36.27 or Department of Human Services with provider identification and 36.28 a temporary unique identifier for the applicant. The applicant 36.29 must complete the remainder of the application and provide 36.30 necessary verification before eligibility can be determined. 36.31 The county agency must assist the applicant in obtaining 36.32 verification if necessary. 36.33 (e) County agencies are authorized to use all automated 36.34 databases containing information regarding recipients' or 36.35 applicants' income in order to determine eligibility for general 36.36 assistance medical care or MinnesotaCare. Such use shall be 37.1 considered sufficient in order to determine eligibility and 37.2 premium payments by the county agency. 37.3 (f) General assistance medical care is not available for a 37.4 person in a correctional facility unless the person is detained 37.5 by law for less than one year in a county correctional or 37.6 detention facility as a person accused or convicted of a crime, 37.7 or admitted as an inpatient to a hospital on a criminal hold 37.8 order, and the person is a recipient of general assistance 37.9 medical care at the time the person is detained by law or 37.10 admitted on a criminal hold order and as long as the person 37.11 continues to meet other eligibility requirements of this 37.12 subdivision. 37.13 (g) General assistance medical care is not available for 37.14 applicants or recipients who do not cooperate with the county 37.15 agency to meet the requirements of medical assistance. 37.16 (h) In determining the amount of assets of an individual 37.17 eligible under paragraph (a), clause (2), item (i), there shall 37.18 be included any asset or interest in an asset, including an 37.19 asset excluded under paragraph (a), that was given away, sold, 37.20 or disposed of for less than fair market value within the 60 37.21 months preceding application for general assistance medical care 37.22 or during the period of eligibility. Any transfer described in 37.23 this paragraph shall be presumed to have been for the purpose of 37.24 establishing eligibility for general assistance medical care, 37.25 unless the individual furnishes convincing evidence to establish 37.26 that the transaction was exclusively for another purpose. For 37.27 purposes of this paragraph, the value of the asset or interest 37.28 shall be the fair market value at the time it was given away, 37.29 sold, or disposed of, less the amount of compensation received. 37.30 For any uncompensated transfer, the number of months of 37.31 ineligibility, including partial months, shall be calculated by 37.32 dividing the uncompensated transfer amount by the average 37.33 monthly per person payment made by the medical assistance 37.34 program to skilled nursing facilities for the previous calendar 37.35 year. The individual shall remain ineligible until this fixed 37.36 period has expired. The period of ineligibility may exceed 30 38.1 months, and a reapplication for benefits after 30 months from 38.2 the date of the transfer shall not result in eligibility unless 38.3 and until the period of ineligibility has expired. The period 38.4 of ineligibility begins in the month the transfer was reported 38.5 to the county agency, or if the transfer was not reported, the 38.6 month in which the county agency discovered the transfer, 38.7 whichever comes first. For applicants, the period of 38.8 ineligibility begins on the date of the first approved 38.9 application. 38.10 (i) When determining eligibility for any state benefits 38.11 under this subdivision, the income and resources of all 38.12 noncitizens shall be deemed to include their sponsor's income 38.13 and resources as defined in the Personal Responsibility and Work 38.14 Opportunity Reconciliation Act of 1996, title IV, Public Law 38.15 104-193, sections 421 and 422, and subsequently set out in 38.16 federal rules. 38.17 (j) Undocumented noncitizens and nonimmigrants are 38.18 ineligible for general assistance medical care. For purposes of 38.19 this subdivision, a nonimmigrant is an individual in one or more 38.20 of the classes listed in United States Code, title 8, section 38.21 1101(a)(15), and an undocumented noncitizen is an individual who 38.22 resides in the United States without the approval or 38.23 acquiescence of the Immigration and Naturalization Service. 38.24 (k) Notwithstanding any other provision of law, a 38.25 noncitizen who is ineligible for medical assistance due to the 38.26 deeming of a sponsor's income and resources, is ineligible for 38.27 general assistance medical care. 38.28 (l) Effective July 1, 2003, general assistance medical care 38.29 emergency services end. 38.30 Sec. 15. Minnesota Statutes 2004, section 256L.01, 38.31 subdivision 3a, is amended to read: 38.32 Subd. 3a. [FAMILY WITH CHILDREN.] (a) "Family with 38.33 children" means: 38.34 (1) parents,and their children, and dependent siblings38.35 residing in the same household; or 38.36 (2) grandparents, foster parents, relative caretakers as 39.1 defined in the medical assistance program, or legal 39.2 guardians; and their wards who are children; and dependent39.3siblingsresiding in the same household. 39.4 (b) The term includes childrenand dependent siblingswho 39.5 are temporarily absent from the household in settings such as 39.6 schools, camps, or parenting time with noncustodial parents. 39.7(c) For purposes of this subdivision, a dependent sibling39.8means an unmarried child who is a full-time student under the39.9age of 25 years who is financially dependent upon a parent,39.10grandparent, foster parent, relative caretaker, or legal39.11guardian. Proof of school enrollment is required.39.12 Sec. 16. Minnesota Statutes 2004, section 256L.04, is 39.13 amended by adding a subdivision to read: 39.14 Subd. 7b. [ANNUAL INCOME LIMITS ADJUSTMENT.] The 39.15 commissioner shall adjust the income limits under this section 39.16 each July 1 by the annual update of the federal poverty 39.17 guidelines following publication by the United States Department 39.18 of Health and Human Services. 39.19 Sec. 17. Minnesota Statutes 2004, section 626.557, 39.20 subdivision 12b, is amended to read: 39.21 Subd. 12b. [DATA MANAGEMENT.] (a) [COUNTY DATA.] In 39.22 performing any of the duties of this section as a lead agency, 39.23 the county social service agency shall maintain appropriate 39.24 records. Data collected by the county social service agency 39.25 under this section are welfare data under section 13.46. 39.26 Notwithstanding section 13.46, subdivision 1, paragraph (a), 39.27 data under this paragraph that are inactive investigative data 39.28 on an individual who is a vendor of services are private data on 39.29 individuals, as defined in section 13.02. The identity of the 39.30 reporter may only be disclosed as provided in paragraph (c). 39.31 Data maintained by the common entry point are confidential 39.32 data on individuals or protected nonpublic data as defined in 39.33 section 13.02. Notwithstanding section 138.163, the common 39.34 entry point shall destroy data three calendar years after date 39.35 of receipt. 39.36 (b) [LEAD AGENCY DATA.] The commissioners of health and 40.1 human services shall prepare an investigation memorandum for 40.2 each report alleging maltreatment investigated under this 40.3 section. County social service agencies must maintain private 40.4 data on individuals but are not required to prepare an 40.5 investigation memorandum. During an investigation by the 40.6 commissioner of health or the commissioner of human services, 40.7 data collected under this section are confidential data on 40.8 individuals or protected nonpublic data as defined in section 40.9 13.02. Upon completion of the investigation, the data are 40.10 classified as provided in clauses (1) to (3) and paragraph (c). 40.11 (1) The investigation memorandum must contain the following 40.12 data, which are public: 40.13 (i) the name of the facility investigated; 40.14 (ii) a statement of the nature of the alleged maltreatment; 40.15 (iii) pertinent information obtained from medical or other 40.16 records reviewed; 40.17 (iv) the identity of the investigator; 40.18 (v) a summary of the investigation's findings; 40.19 (vi) statement of whether the report was found to be 40.20 substantiated, inconclusive, false, or that no determination 40.21 will be made; 40.22 (vii) a statement of any action taken by the facility; 40.23 (viii) a statement of any action taken by the lead agency; 40.24 and 40.25 (ix) when a lead agency's determination has substantiated 40.26 maltreatment, a statement of whether an individual, individuals, 40.27 or a facility were responsible for the substantiated 40.28 maltreatment, if known. 40.29 The investigation memorandum must be written in a manner 40.30 which protects the identity of the reporter and of the 40.31 vulnerable adult and may not contain the names or, to the extent 40.32 possible, data on individuals or private data listed in clause 40.33 (2). 40.34 (2) Data on individuals collected and maintained in the 40.35 investigation memorandum are private data, including: 40.36 (i) the name of the vulnerable adult; 41.1 (ii) the identity of the individual alleged to be the 41.2 perpetrator; 41.3 (iii) the identity of the individual substantiated as the 41.4 perpetrator; and 41.5 (iv) the identity of all individuals interviewed as part of 41.6 the investigation. 41.7 (3) Other data on individuals maintained as part of an 41.8 investigation under this section are private data on individuals 41.9 upon completion of the investigation. 41.10 (c) [IDENTITY OF REPORTER.] The subject of the report may 41.11 compel disclosure of the name of the reporter only with the 41.12 consent of the reporter or upon a written finding by a court 41.13 that the report was false and there is evidence that the report 41.14 was made in bad faith. This subdivision does not alter 41.15 disclosure responsibilities or obligations under the Rules of 41.16 Criminal Procedure, except that where the identity of the 41.17 reporter is relevant to a criminal prosecution, the district 41.18 court shall do an in-camera review prior to determining whether 41.19 to order disclosure of the identity of the reporter. 41.20 (d) [DESTRUCTION OF DATA.] Notwithstanding section 41.21 138.163, data maintained under this section by the commissioners 41.22 of health and human services must be destroyed under the 41.23 following schedule: 41.24 (1) data from reports determined to be false, two years 41.25 after the finding was made; 41.26 (2) data from reports determined to be inconclusive, four 41.27 years after the finding was made; 41.28 (3) data from reports determined to be substantiated, seven 41.29 years after the finding was made; and 41.30 (4) data from reports which were not investigated by a lead 41.31 agency and for which there is no final disposition, two years 41.32 from the date of the report. 41.33 (e) [SUMMARY OF REPORTS.] The commissioners of health and 41.34 human services shall each annually report to the legislature and 41.35 the governor on the number and type of reports of alleged 41.36 maltreatment involving licensed facilities reported under this 42.1 section, the number of those requiring investigation under this 42.2 section, and the resolution of those investigations. The report 42.3 shall identify: 42.4 (1) whether and where backlogs of cases result in a failure 42.5 to conform with statutory time frames; 42.6 (2) where adequate coverage requires additional 42.7 appropriations and staffing; and 42.8 (3) any other trends that affect the safety of vulnerable 42.9 adults. 42.10 (f) [RECORD RETENTION POLICY.] Each lead agency must have 42.11 a record retention policy. 42.12 (g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 42.13 authorities, and law enforcement agencies may exchange not 42.14 public data, as defined in section 13.02, if the agency or 42.15 authority requesting the data determines that the data are 42.16 pertinent and necessary to the requesting agency in initiating, 42.17 furthering, or completing an investigation under this section. 42.18 Data collected under this section must be made available to 42.19 prosecuting authorities and law enforcement officials, local 42.20 county agencies, and licensing agencies investigating the 42.21 alleged maltreatment under this section. The lead agency shall 42.22 exchange not public data with the vulnerable adult maltreatment 42.23 review panel established in section 256.021 if the data are 42.24 pertinent and necessary for a review requested under that 42.25 section. Upon completion of the review, not public data 42.26 received by the review panel must be returned to the lead agency. 42.27 (h) [COMPLETION TIME.] Each lead agency shall keep records 42.28 of the length of time it takes to complete its investigations. 42.29 (i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 42.30 agency may notify other affected parties and their authorized 42.31 representative if the agency has reason to believe maltreatment 42.32 has occurred and determines the information will safeguard the 42.33 well-being of the affected parties or dispel widespread rumor or 42.34 unrest in the affected facility. 42.35 (j) [FEDERAL REQUIREMENTS.] Under any notification 42.36 provision of this section, where federal law specifically 43.1 prohibits the disclosure of patient identifying information, a 43.2 lead agency may not provide any notice unless the vulnerable 43.3 adult has consented to disclosure in a manner which conforms to 43.4 federal requirements. 43.5 Sec. 18. [REPEALER.] 43.6 (a) Minnesota Statutes 2004, sections 119A.01, subdivision 43.7 3; 119A.20; 119A.21; 119A.22; 119A.35; 119B.21, subdivision 11; 43.8 256.014, subdivision 3; 256.045, subdivision 3c; 256B.0629, 43.9 subdivisions 1, 2, and 4; 256J.95, subdivision 20; and 256K.35, 43.10 are repealed. 43.11 (b) Laws 1998, chapter 407, article 4, section 63, is 43.12 repealed. 43.13 ARTICLE 3 43.14 MISCELLANEOUS 43.15 Section 1. Minnesota Statutes 2004, section 245.463, 43.16 subdivision 2, is amended to read: 43.17 Subd. 2. [TECHNICAL ASSISTANCE.] The commissioner shall 43.18 provide ongoing technical assistance to county boards todevelop43.19the adult mental health component of the community social43.20services plan toimprove system capacity and quality. The 43.21 commissioner and county boards shall exchange information as 43.22 needed about the numbers of adults with mental illness residing 43.23 in the county and extent of existing treatment components 43.24 locally available to serve the needs of those persons. County 43.25 boards shall cooperate with the commissioner in obtaining 43.26 necessary planning information upon request. 43.27 Sec. 2. Minnesota Statutes 2004, section 245.464, 43.28 subdivision 1, is amended to read: 43.29 Subdivision 1. [COORDINATION.] The commissioner shall 43.30 supervise the development and coordination of locally available 43.31 adult mental health services by the county boards in a manner 43.32 consistent with sections 245.461 to 245.486. The commissioner 43.33 shall coordinate locally available services with those services 43.34 available from the regional treatment center serving the area 43.35 including state-operated services offered at sites outside of 43.36 the regional treatment centers. The commissioner shallreview44.1the adult mental health component of the community social44.2services plan developed by county boards as specified in section44.3245.463 andprovide technical assistance to county boards in 44.4 developing and maintaining locally available mental health 44.5 services. The commissioner shall monitor the county board's 44.6 progress in developing its full system capacity and quality 44.7 through ongoing review of the county board's adult mental health 44.8 component of the community social services plan and other 44.9 information as required by sections 245.461 to 245.486. 44.10 Sec. 3. Minnesota Statutes 2004, section 245.465, 44.11 subdivision 1, is amended to read: 44.12 Subdivision 1. [SPEND ACCORDING TO PLAN; OTHER LISTED 44.13 DUTIES.] The county board in each county shall use its share of 44.14 mental healthand Community Social Services Actfunds allocated 44.15 by the commissioner according to thebiennialmental 44.16 healthcomponent of the county's community social servicesplan 44.17asapproved by the commissioner. The county board must: 44.18 (1) develop and coordinate a system of affordable and 44.19 locally available adult mental health services in accordance 44.20 with sections 245.461 to 245.486; 44.21 (2) with the involvement of the local adult mental health 44.22 advisory council or the adult mental health subcommittee of an 44.23 existing advisory council, develop a biennial adult mental 44.24 healthcomponent of the community social servicesplan which 44.25 considers the assessment of unmet needs in the county as 44.26 reported by the local adult mental health advisory council under 44.27 section 245.466, subdivision 5, clause (3). The county shall 44.28 provide, upon request of the local adult mental health advisory 44.29 council, readily available data to assist in the determination 44.30 of unmet needs; 44.31 (3) provide for case management services to adults with 44.32 serious and persistent mental illness in accordance with 44.33 sections 245.462, subdivisions 3 and 4; 245.4711; and 245.486; 44.34 (4) provide for screening of adults specified in section 44.35 245.476 upon admission to a residential treatment facility or 44.36 acute care hospital inpatient, or informal admission to a 45.1 regional treatment center; 45.2 (5) prudently administer grants and purchase-of-service 45.3 contracts that the county board determines are necessary to 45.4 fulfill its responsibilities under sections 245.461 to 245.486; 45.5 and 45.6 (6) assure that mental health professionals, mental health 45.7 practitioners, and case managers employed by or under contract 45.8 with the county to provide mental health services have 45.9 experience and training in working with adults with mental 45.10 illness. 45.11 Sec. 4. Minnesota Statutes 2004, section 245.466, 45.12 subdivision 1, is amended to read: 45.13 Subdivision 1. [DEVELOPMENT OF SERVICES.] The county board 45.14 in each county is responsible for using all available resources 45.15 to develop and coordinate a system of locally available and 45.16 affordable adult mental health services. The county board may 45.17 provide some or all of the mental health services and activities 45.18 specified in subdivision 2 directly through a county agency or 45.19 under contracts with other individuals or agencies. A county or 45.20 counties may enter into an agreement with a regional treatment 45.21 center under section 246.57 or with any state facility or 45.22 program as defined in section 246.50, subdivision 3, to enable 45.23 the county or counties to provide the treatment services in 45.24 subdivision 2. Services provided through an agreement between a 45.25 county and a regional treatment center must meet the same 45.26 requirements as services from other service providers. County 45.27 boards shall demonstrate their continuous progress toward full 45.28 implementation of sections 245.461 to 245.486 during the period 45.29 July 1, 1987, to January 1, 1990. County boards must develop 45.30 fully each of the treatment services and management activities 45.31 prescribed by sections 245.461 to 245.486 by January 1, 1990, 45.32 according to the priorities established in section 245.464 and 45.33 the adult mental healthcomponent of the community social45.34servicesplan approved by the commissioner. 45.35 Sec. 5. Minnesota Statutes 2004, section 245.466, 45.36 subdivision 5, is amended to read: 46.1 Subd. 5. [LOCAL ADVISORY COUNCIL.] The county board, 46.2 individually or in conjunction with other county boards, shall 46.3 establish a local adult mental health advisory council or mental 46.4 health subcommittee of an existing advisory council. The 46.5 council's members must reflect a broad range of community 46.6 interests. They must include at least one consumer, one family 46.7 member of an adult with mental illness, one mental health 46.8 professional, and one community support services program 46.9 representative. The local adult mental health advisory council 46.10 or mental health subcommittee of an existing advisory council 46.11 shall meet at least quarterly to review, evaluate, and make 46.12 recommendations regarding the local mental health system. 46.13 Annually, the local adult mental health advisory council or 46.14 mental health subcommittee of an existing advisory council shall: 46.15 (1) arrange for input from the regional treatment center's 46.16 mental illness program unit regarding coordination of care 46.17 between the regional treatment center and community-based 46.18 services; 46.19 (2) identify for the county board the individuals, 46.20 providers, agencies, and associations as specified in section 46.21 245.462, subdivision 10; 46.22 (3) provide to the county board a report of unmet mental 46.23 health needs of adults residing in the county to be included in 46.24 the county'sbiennialmental healthcomponent of the community46.25social servicesplan, and participate in developing the mental 46.26 healthcomponent of theplan; and 46.27 (4) coordinate its review, evaluation, and recommendations 46.28 regarding the local mental health system with the state advisory 46.29 council on mental health. 46.30 The county board shall consider the advice of its local 46.31 mental health advisory council or mental health subcommittee of 46.32 an existing advisory council in carrying out its authorities and 46.33 responsibilities. 46.34 Sec. 6. Minnesota Statutes 2004, section 245.4661, 46.35 subdivision 7, is amended to read: 46.36 Subd. 7. [DUTIES OF COUNTY BOARD.] The county board, or 47.1 other entity which is approved to administer a pilot project, 47.2 shall: 47.3 (1) administer the project in a manner which is consistent 47.4 with the objectives described in subdivision 2 and the planning 47.5 process described in subdivision 5; 47.6 (2) assure that no one is denied services for which they 47.7 would otherwise be eligible; and 47.8 (3) provide the commissioner of human services with timely 47.9 and pertinent information through the following methods: 47.10 (i) submission ofcommunity social services actmental 47.11 health plans and plan amendments which are based on a format and 47.12 timetable determined by the commissioner; 47.13 (ii) submission of social services expenditure and grant 47.14 reconciliation reports, based on a coding format to be 47.15 determined by mutual agreement between the project's managing 47.16 entity and the commissioner; and 47.17 (iii) submission of data and participation in an evaluation 47.18 of the pilot projects, to be designed cooperatively by the 47.19 commissioner and the projects. 47.20 Sec. 7. Minnesota Statutes 2004, section 245.483, 47.21 subdivision 1, is amended to read: 47.22 Subdivision 1. [FUNDS NOT PROPERLY USED.] If the 47.23 commissioner determines that a county is not meeting the 47.24 requirements of sections 245.461 to 245.486 and 245.487 to 47.25 245.4887, or that funds are not being used according to the 47.26 approvedbiennialmental healthcomponent of the community47.27social servicesplan, all or part of the mental healthand47.28Community Social Services Actfunds may be terminated upon 30 47.29 days' notice to the county board. The commissioner may require 47.30 repayment of any funds not used according to the approved 47.31biennialmental healthcomponent of the community social47.32servicesplan. If the commissioner receives a written appeal 47.33 from the county board within the 30-day period, opportunity for 47.34 a hearing under the Minnesota Administrative Procedure Act, 47.35 chapter 14, must be provided before the allocation is terminated 47.36 or is required to be repaid. The 30-day period begins when the 48.1 county board receives the commissioner's notice by certified 48.2 mail. 48.3 Sec. 8. Minnesota Statutes 2004, section 245.483, 48.4 subdivision 3, is amended to read: 48.5 Subd. 3. [DELAYED PAYMENTS.] If the commissioner finds 48.6 that a county board or its contractors are not in compliance 48.7 with the approvedbiennialmental healthcomponent of the48.8community social servicesplan or sections 245.461 to 245.486 48.9 and 245.487 to 245.4887, the commissioner may delay payment of 48.10 all or part of the quarterly mental healthand Community Social48.11Service Actfunds until the county board and its contractors 48.12 meet the requirements. The commissioner shall not delay a 48.13 payment longer than three months without first issuing a notice 48.14 under subdivision 2 that all or part of the allocation will be 48.15 terminated or required to be repaid. After this notice is 48.16 issued, the commissioner may continue to delay the payment until 48.17 completion of the hearing in subdivision 2. 48.18 Sec. 9. Minnesota Statutes 2004, section 245.4872, 48.19 subdivision 2, is amended to read: 48.20 Subd. 2. [TECHNICAL ASSISTANCE.] The commissioner shall 48.21 provide ongoing technical assistance to county boardsto develop48.22the children's mental health component of the community social48.23services planto improve system capacity and quality. The 48.24 commissioner and county boards shall exchange information as 48.25 needed about the numbers of children with emotional disturbances 48.26 residing in the county and the extent of existing treatment 48.27 components locally available to serve the needs of those 48.28 persons. County boards shall cooperate with the commissioner in 48.29 obtaining necessary planning information upon request. 48.30 Sec. 10. Minnesota Statutes 2004, section 245.4873, 48.31 subdivision 5, is amended to read: 48.32 Subd. 5. [DUTIES OF THE COMMISSIONER.] The commissioner 48.33 shall supervise the development and coordination of locally 48.34 available children's mental health services by the county boards 48.35 in a manner consistent with sections 245.487 to 245.4887. The 48.36 commissioner shallreview the children's mental health component49.1of the community social services plan developed by county boards49.2as specified in section 245.4872 andprovide technical 49.3 assistance to county boards in developing and maintaining 49.4 locally available and coordinated children's mental health 49.5 services. The commissioner shall monitor the county board's 49.6 progress in developing its full system capacity and quality 49.7 through ongoing review of the county board's children's mental 49.8 health proposals and other information as required by sections 49.9 245.487 to 245.4887. 49.10 Sec. 11. Minnesota Statutes 2004, section 245.4874, is 49.11 amended to read: 49.12 245.4874 [DUTIES OF COUNTY BOARD.] 49.13The county board in each county shall use its share of49.14mental health and Community Social Services Act funds allocated49.15by the commissioner according to a biennial children's mental49.16health component of the community social services plan that is49.17approved by the commissioner.The county board must: 49.18 (1) develop a system of affordable and locally available 49.19 children's mental health services according to sections 245.487 49.20 to 245.4887; 49.21 (2) establish a mechanism providing for interagency 49.22 coordination as specified in section 245.4875, subdivision 6; 49.23 (3)develop a biennial children's mental health component49.24of the community social services plan which considersconsider 49.25 the assessment of unmet needs in the county as reported by the 49.26 local children's mental health advisory council under section 49.27 245.4875, subdivision 5, paragraph (b), clause (3). The county 49.28 shall provide, upon request of the local children's mental 49.29 health advisory council, readily available data to assist in the 49.30 determination of unmet needs; 49.31 (4) assure that parents and providers in the county receive 49.32 information about how to gain access to services provided 49.33 according to sections 245.487 to 245.4887; 49.34 (5) coordinate the delivery of children's mental health 49.35 services with services provided by social services, education, 49.36 corrections, health, and vocational agencies to improve the 50.1 availability of mental health services to children and the 50.2 cost-effectiveness of their delivery; 50.3 (6) assure that mental health services delivered according 50.4 to sections 245.487 to 245.4887 are delivered expeditiously and 50.5 are appropriate to the child's diagnostic assessment and 50.6 individual treatment plan; 50.7 (7) provide the community with information about predictors 50.8 and symptoms of emotional disturbances and how to access 50.9 children's mental health services according to sections 245.4877 50.10 and 245.4878; 50.11 (8) provide for case management services to each child with 50.12 severe emotional disturbance according to sections 245.486; 50.13 245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3, 50.14 and 5; 50.15 (9) provide for screening of each child under section 50.16 245.4885 upon admission to a residential treatment facility, 50.17 acute care hospital inpatient treatment, or informal admission 50.18 to a regional treatment center; 50.19 (10) prudently administer grants and purchase-of-service 50.20 contracts that the county board determines are necessary to 50.21 fulfill its responsibilities under sections 245.487 to 245.4887; 50.22 (11) assure that mental health professionals, mental health 50.23 practitioners, and case managers employed by or under contract 50.24 to the county to provide mental health services are qualified 50.25 under section 245.4871; 50.26 (12) assure that children's mental health services are 50.27 coordinated with adult mental health services specified in 50.28 sections 245.461 to 245.486 so that a continuum of mental health 50.29 services is available to serve persons with mental illness, 50.30 regardless of the person's age; 50.31 (13) assure that culturally informed mental health 50.32 consultants are used as necessary to assist the county board in 50.33 assessing and providing appropriate treatment for children of 50.34 cultural or racial minority heritage; and 50.35 (14) consistent with section 245.486, arrange for or 50.36 provide a children's mental health screening to a child 51.1 receiving child protective services or a child in out-of-home 51.2 placement, a child for whom parental rights have been 51.3 terminated, a child found to be delinquent, and a child found to 51.4 have committed a juvenile petty offense for the third or 51.5 subsequent time, unless a screening has been performed within 51.6 the previous 180 days, or the child is currently under the care 51.7 of a mental health professional. The court or county agency 51.8 must notify a parent or guardian whose parental rights have not 51.9 been terminated of the potential mental health screening and the 51.10 option to prevent the screening by notifying the court or county 51.11 agency in writing. The screening shall be conducted with a 51.12 screening instrument approved by the commissioner of human 51.13 services according to criteria that are updated and issued 51.14 annually to ensure that approved screening instruments are valid 51.15 and useful for child welfare and juvenile justice populations, 51.16 and shall be conducted by a mental health practitioner as 51.17 defined in section 245.4871, subdivision 26, or a probation 51.18 officer or local social services agency staff person who is 51.19 trained in the use of the screening instrument. Training in the 51.20 use of the instrument shall include training in the 51.21 administration of the instrument, the interpretation of its 51.22 validity given the child's current circumstances, the state and 51.23 federal data practices laws and confidentiality standards, the 51.24 parental consent requirement, and providing respect for families 51.25 and cultural values. If the screen indicates a need for 51.26 assessment, the child's family, or if the family lacks mental 51.27 health insurance, the local social services agency, in 51.28 consultation with the child's family, shall have conducted a 51.29 diagnostic assessment, including a functional assessment, as 51.30 defined in section 245.4871. The administration of the 51.31 screening shall safeguard the privacy of children receiving the 51.32 screening and their families and shall comply with the Minnesota 51.33 Government Data Practices Act, chapter 13, and the federal 51.34 Health Insurance Portability and Accountability Act of 1996, 51.35 Public Law 104-191. Screening results shall be considered 51.36 private data and the commissioner shall not collect individual 52.1 screening results. 52.2 Sec. 12. Minnesota Statutes 2004, section 245.4875, 52.3 subdivision 1, is amended to read: 52.4 Subdivision 1. [DEVELOPMENT OF CHILDREN'S SERVICES.] The 52.5 county board in each county is responsible for using all 52.6 available resources to develop and coordinate a system of 52.7 locally available and affordable children's mental health 52.8 services. The county board may provide some or all of the 52.9 children's mental health services and activities specified in 52.10 subdivision 2 directly through a county agency or under 52.11 contracts with other individuals or agencies. A county or 52.12 counties may enter into an agreement with a regional treatment 52.13 center under section 246.57 to enable the county or counties to 52.14 provide the treatment services in subdivision 2. Services 52.15 provided through an agreement between a county and a regional 52.16 treatment center must meet the same requirements as services 52.17 from other service providers. County boards shall demonstrate 52.18 their continuous progress toward fully implementing sections 52.19 245.487 to 245.4887 during the period July 1, 1989, to January 52.20 1, 1992. County boards must develop fully each of the treatment 52.21 services prescribed by sections 245.487 to 245.4887 by January 52.22 1, 1992, according to the priorities established in section 52.23 245.4873 and the children's mental healthcomponent of the52.24community social servicesplan approved by the commissioner 52.25 under section 245.4887. 52.26 Sec. 13. Minnesota Statutes 2004, section 245.4875, 52.27 subdivision 5, is amended to read: 52.28 Subd. 5. [LOCAL CHILDREN'S ADVISORY COUNCIL.] (a) By 52.29 October 1, 1989, the county board, individually or in 52.30 conjunction with other county boards, shall establish a local 52.31 children's mental health advisory council or children's mental 52.32 health subcommittee of the existing local mental health advisory 52.33 council or shall include persons on its existing mental health 52.34 advisory council who are representatives of children's mental 52.35 health interests. The following individuals must serve on the 52.36 local children's mental health advisory council, the children's 53.1 mental health subcommittee of an existing local mental health 53.2 advisory council, or be included on an existing mental health 53.3 advisory council: (1) at least one person who was in a mental 53.4 health program as a child or adolescent; (2) at least one parent 53.5 of a child or adolescent with severe emotional disturbance; (3) 53.6 one children's mental health professional; (4) representatives 53.7 of minority populations of significant size residing in the 53.8 county; (5) a representative of the children's mental health 53.9 local coordinating council; and (6) one family community support 53.10 services program representative. 53.11 (b) The local children's mental health advisory council or 53.12 children's mental health subcommittee of an existing advisory 53.13 council shall seek input from parents, former consumers, 53.14 providers, and others about the needs of children with emotional 53.15 disturbance in the local area and services needed by families of 53.16 these children, and shall meet monthly, unless otherwise 53.17 determined by the council or subcommittee, but not less than 53.18 quarterly, to review, evaluate, and make recommendations 53.19 regarding the local children's mental health system. Annually, 53.20 the local children's mental health advisory council or 53.21 children's mental health subcommittee of the existing local 53.22 mental health advisory council shall: 53.23 (1) arrange for input from the local system of care 53.24 providers regarding coordination of care between the services; 53.25 (2) identify for the county board the individuals, 53.26 providers, agencies, and associations as specified in section 53.27 245.4877, clause (2); and 53.28 (3) provide to the county board a report of unmet mental 53.29 health needs of children residing in the countyto be included53.30in the county's biennial children's mental health component of53.31the community social services plan and participate in developing53.32the mental health component of the plan. 53.33 (c) The county board shall consider the advice of its local 53.34 children's mental health advisory council or children's mental 53.35 health subcommittee of the existing local mental health advisory 53.36 council in carrying out its authorities and responsibilities. 54.1 Sec. 14. Minnesota Statutes 2004, section 245A.16, 54.2 subdivision 6, is amended to read: 54.3 Subd. 6. [CERTIFICATION BY THE COMMISSIONER.] The 54.4 commissioner shall ensure that rules are uniformly enforced 54.5 throughout the state by reviewing each county and private agency 54.6 for compliance with this section and other applicable laws and 54.7 rules at least every four years. County agencies that comply 54.8 with this section shall be certified by the commissioner. If a 54.9 county agency fails to be certified by the commissioner, the 54.10 commissioner shall certify a reduction ofup to 20 percent of54.11the county's Community Social Services Act funding or an54.12equivalent amount fromstate administrative aids in an amount up 54.13 to 20 percent of the county's state portion of Children and 54.14 Community Services Act funding. 54.15 Sec. 15. Minnesota Statutes 2004, section 252.24, 54.16 subdivision 5, is amended to read: 54.17 Subd. 5. [DEVELOPMENTAL ACHIEVEMENT CENTERS: SALARY 54.18 ADJUSTMENT PER DIEM.] The commissioner shall approve a two 54.19 percent increase in the payment rates for day training and 54.20 habilitation services vendors effective July 1, 1991. All 54.21 revenue generated shall be used by vendors to increase salaries, 54.22 fringe benefits, and payroll taxes by at least three percent for 54.23 personnel below top management. County boards shall amend 54.24 contracts with vendors to require that all revenue generated by 54.25 this provision is expended on salary increases to staff below 54.26 top management. County boards shall verify in writing to the 54.27 commissioner that each vendor has complied with this 54.28 requirement. If a county board determines that a vendor has not 54.29 complied with this requirement for a specific contract period, 54.30 the county board shall reduce the vendor's payment rates for the 54.31 next contract period to reflect the amount of money not spent 54.32 appropriately. The commissioner shall modify reporting 54.33 requirements for vendors and counties as necessary to monitor 54.34 compliance with this provision. 54.35 Each county agency shall report to the commissioner by July 54.36 30, 1991, its actual social service day training and 55.1 habilitation expenditures for calendar year 1990.The55.2commissioner shall allocate the day habilitation service CSSA55.3appropriation made available for this purpose to county agencies55.4in proportion to these expenditures.55.5 Sec. 16. Minnesota Statutes 2004, section 252.282, 55.6 subdivision 2, is amended to read: 55.7 Subd. 2. [CONSUMER NEEDS AND PREFERENCES.] In conducting 55.8 the local system needs planning process, the host county must 55.9 use information from the individual service plans of persons for 55.10 whom the county is financially responsible and of persons from 55.11 other counties for whom the county has agreed to be the host 55.12 county. The determination of services and supports offered 55.13 within the county shall be based on the preferences and needs of 55.14 consumers. The host county shall also consider the community 55.15 social services plan, waiting lists, and other sources that 55.16 identify unmet needs for services. A review of ICF/MR facility 55.17 licensing and certification surveys, substantiated maltreatment 55.18 reports, and established service standards shall be employed to 55.19 assess the performance of providers and shall be considered in 55.20 the county's recommendations. Continuous quality improvement 55.21 goals as well as consumer satisfaction surveys may also be 55.22 considered in this process. 55.23 Sec. 17. Minnesota Statutes 2004, section 252.46, 55.24 subdivision 10, is amended to read: 55.25 Subd. 10. [VENDOR'S REPORT; AUDIT.] The vendor shall 55.26 report to the commissioner and the county board on forms 55.27 prescribed by the commissioner at times specified by the 55.28 commissioner. The reports shall include programmatic and fiscal 55.29 information.Fiscal information shall be provided in an annual55.30audit that complies with the requirements of Minnesota Rules,55.31parts 9550.0010 to 9550.0092.The audit must be done according 55.32 to generally accepted auditing standards to result in statements 55.33 that include a balance sheet, income statement, changes in 55.34 financial position, and the certified public accountant's 55.35 opinion. The county's annual audit shall satisfy the audit 55.36 required under this subdivision for any county-operated day 56.1 training and habilitation program. Except for day training and 56.2 habilitation programs operated by a county, the audit must 56.3 provide supplemental statements for each day training and 56.4 habilitation program with an approved unique set of rates. 56.5 Sec. 18. Minnesota Statutes 2004, section 256.045, 56.6 subdivision 3, is amended to read: 56.7 Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency 56.8 hearings are available for the following: (1) any person 56.9 applying for, receiving or having received public assistance, 56.10 medical care, or a program of social services granted by the 56.11 state agency or a county agency or the federal Food Stamp Act 56.12 whose application for assistance is denied, not acted upon with 56.13 reasonable promptness, or whose assistance is suspended, 56.14 reduced, terminated, or claimed to have been incorrectly paid; 56.15 (2) any patient or relative aggrieved by an order of the 56.16 commissioner under section 252.27; (3) a party aggrieved by a 56.17 ruling of a prepaid health plan; (4) except as provided under 56.18 chapter 245C, any individual or facility determined by a lead 56.19 agency to have maltreated a vulnerable adult under section 56.20 626.557 after they have exercised their right to administrative 56.21 reconsideration under section 626.557; (5) any person whose 56.22 claim for foster care payment according to a placement of the 56.23 child resulting from a child protection assessment under section 56.24 626.556 is denied or not acted upon with reasonable promptness, 56.25 regardless of funding source; (6) any person to whom a right of 56.26 appeal according to this section is given by other provision of 56.27 law; (7) an applicant aggrieved by an adverse decision to an 56.28 application for a hardship waiver under section 256B.15; (8) 56.29 except as provided under chapter 245A, an individual or facility 56.30 determined to have maltreated a minor under section 626.556, 56.31 after the individual or facility has exercised the right to 56.32 administrative reconsideration under section 626.556; or (9) 56.33 except as provided under chapter 245C, an individual 56.34 disqualified under sections 245C.14 and 245C.15, on the basis of 56.35 serious or recurring maltreatment; a preponderance of the 56.36 evidence that the individual has committed an act or acts that 57.1 meet the definition of any of the crimes listed in section 57.2 245C.15, subdivisions 1 to 4; or for failing to make reports 57.3 required under section 626.556, subdivision 3, or 626.557, 57.4 subdivision 3. Hearings regarding a maltreatment determination 57.5 under clause (4) or (8) and a disqualification under this clause 57.6 in which the basis for a disqualification is serious or 57.7 recurring maltreatment, which has not been set aside under 57.8 sections 245C.22 and 245C.23, shall be consolidated into a 57.9 single fair hearing. In such cases, the scope of review by the 57.10 human services referee shall include both the maltreatment 57.11 determination and the disqualification. The failure to exercise 57.12 the right to an administrative reconsideration shall not be a 57.13 bar to a hearing under this section if federal law provides an 57.14 individual the right to a hearing to dispute a finding of 57.15 maltreatment. Individuals and organizations specified in this 57.16 section may contest the specified action, decision, or final 57.17 disposition before the state agency by submitting a written 57.18 request for a hearing to the state agency within 30 days after 57.19 receiving written notice of the action, decision, or final 57.20 disposition, or within 90 days of such written notice if the 57.21 applicant, recipient, patient, or relative shows good cause why 57.22 the request was not submitted within the 30-day time limit. 57.23 The hearing for an individual or facility under clause (4), 57.24 (8), or (9) is the only administrative appeal to the final 57.25 agency determination specifically, including a challenge to the 57.26 accuracy and completeness of data under section 13.04. Hearings 57.27 requested under clause (4) apply only to incidents of 57.28 maltreatment that occur on or after October 1, 1995. Hearings 57.29 requested by nursing assistants in nursing homes alleged to have 57.30 maltreated a resident prior to October 1, 1995, shall be held as 57.31 a contested case proceeding under the provisions of chapter 14. 57.32 Hearings requested under clause (8) apply only to incidents of 57.33 maltreatment that occur on or after July 1, 1997. A hearing for 57.34 an individual or facility under clause (8) is only available 57.35 when there is no juvenile court or adult criminal action 57.36 pending. If such action is filed in either court while an 58.1 administrative review is pending, the administrative review must 58.2 be suspended until the judicial actions are completed. If the 58.3 juvenile court action or criminal charge is dismissed or the 58.4 criminal action overturned, the matter may be considered in an 58.5 administrative hearing. 58.6 For purposes of this section, bargaining unit grievance 58.7 procedures are not an administrative appeal. 58.8 The scope of hearings involving claims to foster care 58.9 payments under clause (5) shall be limited to the issue of 58.10 whether the county is legally responsible for a child's 58.11 placement under court order or voluntary placement agreement 58.12 and, if so, the correct amount of foster care payment to be made 58.13 on the child's behalf and shall not include review of the 58.14 propriety of the county's child protection determination or 58.15 child placement decision. 58.16 (b) A vendor of medical care as defined in section 256B.02, 58.17 subdivision 7, or a vendor under contract with a county agency 58.18 to provide social services is not a party and may not request a 58.19 hearing under this section, except if assisting a recipient as 58.20 provided in subdivision 4. 58.21 (c) An applicant or recipient is not entitled to receive 58.22 social services beyond the servicesincluded in the amended58.23community social services planprescribed under chapter 256M or 58.24 other social services the person is eligible for under state law. 58.25 (d) The commissioner may summarily affirm the county or 58.26 state agency's proposed action without a hearing when the sole 58.27 issue is an automatic change due to a change in state or federal 58.28 law. 58.29 Sec. 19. Minnesota Statutes 2004, section 256G.01, 58.30 subdivision 3, is amended to read: 58.31 Subd. 3. [PROGRAM COVERAGE.] This chapter applies to all 58.32 social service programs administered by the commissioner in 58.33 which residence is the determining factor in establishing 58.34 financial responsibility. These include, but are not limited to: 58.35 commitment proceedings, including voluntary admissions; 58.36 emergency holds; poor relief funded wholly through local 59.1 agencies; social services, including title XX, IV-E andother59.2components of the Community Social Services Act,section 59.3 256E.12; social services programs funded wholly through the 59.4 resources of county agencies; social services provided under the 59.5 Minnesota Indian Family Preservation Act, sections 260.751 to 59.6 260.781; costs for delinquency confinement under section 393.07, 59.7 subdivision 2; service responsibility for these programs; and 59.8 group residential housing. 59.9 Sec. 20. Minnesota Statutes 2004, section 256M.30, 59.10 subdivision 2, is amended to read: 59.11 Subd. 2. [CONTENTS.] The service plan shall be completed 59.12 in a form prescribed by the commissioner. The plan must include: 59.13 (1) a statement of the needs of the children, adolescents, 59.14 and adults who experience the conditions defined in section 59.15 256M.10, subdivision 2, paragraph (a), and strengths and 59.16 resources available in the community to address those needs; 59.17 (2) strategies the county will pursue to achieve the 59.18 performance targets. Strategies must include specification of 59.19 how funds under this section and other community resources will 59.20 be used to achieve desired performance targets; 59.21 (3) a description of the county's process to solicit public 59.22 input and a summary of that input; 59.23 (4) beginning with the service plans submitted for the 59.24 period from January 1, 2006, through December2131, 2007, 59.25 performance targets on statewide indicators for each county to 59.26 measure outcomes of children's mental health, and child safety, 59.27 permanency, and well-being. The commissioner shall consult with 59.28 counties and other stakeholders to develop these indicators and 59.29 collect baseline data to inform the establishment of individual 59.30 county performance targets for the 2006-2007 biennium and 59.31 subsequent plans; and 59.32 (5) a budget for services to be provided with funds under 59.33 this section. The county must budget at least 40 percent of 59.34 funds appropriated under sections 256M.01 to 256M.80 for 59.35 services to ensure the mental health, safety, permanency, and 59.36 well-being of children from low-income families. The 60.1 commissioner may reduce the portion of child and community 60.2 services funds that must be budgeted by a county for services to 60.3 children in low-income families if: 60.4 (i) the incidence of children in low-income families within 60.5 the county's population is significantly below the statewide 60.6 median; or 60.7 (ii) the county has successfully achieved past performance 60.8 targets for children's mental health, and child safety, 60.9 permanency, and well-being and its proposed service plan is 60.10 judged by the commissioner to provide an adequate level of 60.11 service to the population with less funding. 60.12 Sec. 21. Minnesota Statutes 2004, section 260C.212, 60.13 subdivision 12, is amended to read: 60.14 Subd. 12. [FAIR HEARING REVIEW.] Any person whose claim 60.15 for foster care payment pursuant to the placement of a child 60.16 resulting from a child protection assessment under section 60.17 626.556 is denied or not acted upon with reasonable promptness 60.18 may appeal the decision under section 256.045, subdivision 3. 60.19The application and fair hearing procedures set forth in the60.20administration of community social services rule, Minnesota60.21Rules, parts 9550.0070 to 9550.0092, do not apply to foster care60.22payment issues appealable under this subdivision.60.23 Sec. 22. Minnesota Statutes 2004, section 275.62, 60.24 subdivision 4, is amended to read: 60.25 Subd. 4. [PENALTY FOR LATE REPORTING.] If a local 60.26 government unit fails to submit the report required in 60.27 subdivision 1 by January 30 of the year after the year in which 60.28 the tax was levied, aid payments to the local governmental unit 60.29 in the year after the year in which the tax was levied shall be 60.30 reduced as follows: 60.31 (1) for a county, the aid amount undersection 256E.0660.32 chapter 256M shall be reduced by five percent; and 60.33 (2) for other local governmental units, the aid certified 60.34 to be received under sections 477A.011 to 477A.014 shall be 60.35 reduced by five percent. 60.36 Sec. 23. Minnesota Statutes 2004, section 626.5571, 61.1 subdivision 2, is amended to read: 61.2 Subd. 2. [DUTIES OF TEAM.] A multidisciplinary adult 61.3 protection team may provide public and professional education, 61.4 develop resources for prevention, intervention, and treatment, 61.5 and provide case consultation to the local welfare agency to 61.6 better enable the agency to carry out its adult protection 61.7 functions under section 626.557and the Community Social61.8Services Act,and to meet the community's needs for adult 61.9 protection services. Case consultation may be performed by a 61.10 committee of the team composed of the team members representing 61.11 social services, law enforcement, the county attorney, health 61.12 care, and persons directly involved in an individual case as 61.13 determined by the case consultation committee. Case 61.14 consultation is a case review process that results in 61.15 recommendations about services to be provided to the identified 61.16 adult and family. 61.17 Sec. 24. [REVISOR INSTRUCTION.] 61.18 In the next publication of Minnesota Statutes, the revisor 61.19 of statutes shall make the changes in paragraphs (a) to (e) to 61.20 be consistent with the changes in Laws 2003, First Special 61.21 Session chapter 14, article 11, section 12. The revisor of 61.22 statutes shall: 61.23 (a) In Minnesota Statutes, section 62Q.075, subdivisions 2 61.24 and 4; delete the term "and 256E" and make changes necessary to 61.25 correct the punctuation, grammar, or structure of the remaining 61.26 text and preserve its meaning. 61.27 (b) In Minnesota Statutes, section 245.483, subdivision 4; 61.28 delete "Community Social Services Act and". 61.29 (c) In Minnesota Statutes, section 254B.01, subdivision 6; 61.30 delete "community social services block grants,". 61.31 (d) In Minnesota Statutes, section 256B.0917, subdivision 61.32 2; delete "Community Social Services Act,". 61.33 (e) In Minnesota Statutes, section 256B.0917, subdivision 61.34 4; delete "and the Community Social Services Act". 61.35 Sec. 25. [REPEALER.] 61.36 Minnesota Statutes 2004, sections 245.713, subdivisions 2 62.1 and 4; 245.716; and 626.5551, subdivision 4, are repealed.