1.1 A bill for an act
1.2 relating to human services; appropriating money;
1.3 changing provisions for health care, long-term care
1.4 facilities, children's programs, child support
1.5 enforcement, continuing care for disabled persons;
1.6 creating a demonstration project for persons with
1.7 disabilities; changing provisions for marriage;
1.8 accelerating state payments; making technical
1.9 amendments to welfare reform; amending Minnesota
1.10 Statutes 1996, sections 13.46, subdivision 2; 13.99,
1.11 by adding a subdivision; 16A.124, subdivision 4b;
1.12 62D.04, subdivision 5; 62E.14, by adding a
1.13 subdivision; 62J.69, subdivision 2, and by adding a
1.14 subdivision; 62N.25, subdivision 2; 103I.101,
1.15 subdivision 6; 103I.208; 103I.401, subdivision 1;
1.16 144.0721, subdivision 3; 144.121, subdivision 1, and
1.17 by adding subdivisions; 144.125; 144.223; 144.226,
1.18 subdivision 1, and by adding a subdivision; 144.394;
1.19 144A.071, subdivisions 1, 2, and 4a, as amended;
1.20 144A.073, subdivision 2, and by adding a subdivision;
1.21 145.925, subdivision 9; 151.40; 153A.17; 157.15, by
1.22 adding subdivisions; 157.16, subdivision 3; 214.12, by
1.23 adding a subdivision; 245.03, subdivision 2; 245.4882,
1.24 subdivision 5; 245.493, subdivision 1, and by adding a
1.25 subdivision; 245.652, subdivisions 1 and 2; 245.98, by
1.26 adding a subdivision; 245A.11, subdivision 2a; 246.02,
1.27 subdivision 2; 246.18, by adding a subdivision;
1.28 252.025, subdivisions 1, 4, and by adding a
1.29 subdivision; 252.28, by adding a subdivision; 252.32,
1.30 subdivisions 1a, 3, 3a, 3c, and 5; 254.04; 254A.17,
1.31 subdivision 3; 254B.01, subdivision 3; 254B.02,
1.32 subdivisions 1 and 3; 254B.03, subdivision 1; 254B.04,
1.33 subdivision 1; 254B.09, subdivisions 4, 5, and 7;
1.34 256.01, subdivision 2, and by adding a subdivision;
1.35 256.025, subdivisions 2 and 4; 256.045, subdivisions
1.36 3, 3b, 4, 5, 7, 8, and 10; 256.476, subdivisions 2, 3,
1.37 4, and 5; 256.82, subdivision 1, and by adding a
1.38 subdivision; 256.87, subdivisions 1, 1a, 3, 5, and by
1.39 adding a subdivision; 256.871, subdivision 6; 256.935;
1.40 256.9354, subdivision 8, as added; 256.969,
1.41 subdivision 1; 256.9695, subdivision 1; 256.9742;
1.42 256.9744, subdivision 2; 256.978, subdivisions 1 and
1.43 2; 256.9792, subdivisions 1 and 2; 256.998,
1.44 subdivisions 1, 6, 7, and by adding subdivisions;
1.45 256B.037, subdivision 1a; 256B.04, by adding a
1.46 subdivision; 256B.055, subdivision 12; 256B.056,
2.1 subdivisions 4 and 5; 256B.057, subdivisions 1, 1b,
2.2 and 2; 256B.06, subdivision 5, as added; 256B.0625,
2.3 subdivisions 13, 14, and by adding a subdivision;
2.4 256B.0626; 256B.0627, subdivision 5, and by adding a
2.5 subdivision; 256B.064, subdivisions 1a, 1c, and 2;
2.6 256B.0644; 256B.0911, subdivisions 2 and 7; 256B.0912,
2.7 by adding a subdivision; 256B.0913, subdivisions 7,
2.8 10, 14, 15, and by adding a subdivision; 256B.0915,
2.9 subdivisions 1b, 3, and by adding subdivisions;
2.10 256B.0917, subdivisions 7 and 8; 256B.19, subdivision
2.11 2a; 256B.421, subdivision 1; 256B.431, subdivisions
2.12 3f, 25, and by adding a subdivision; 256B.433, by
2.13 adding a subdivision; 256B.434, subdivisions 2, 3, 4,
2.14 9, and 10; 256B.49, subdivision 1, and by adding a
2.15 subdivision; 256B.69, subdivisions 2, 3a, 5, 5b, and
2.16 by adding subdivisions; 256D.02, subdivision 12a, as
2.17 amended; 256D.03, subdivisions 2, 2a, 3, as amended,
2.18 and 6; 256D.05, subdivisions 1, as amended, and 8, as
2.19 amended; 256D.36; 256E.06, by adding a subdivision;
2.20 256F.04, subdivisions 1 and 2; 256F.05, subdivisions
2.21 2, 3, 4, and 8; 256F.06, subdivisions 1 and 2;
2.22 256F.11, subdivision 2; 256G.02, subdivision 6;
2.23 256G.05, subdivision 2; 256I.05, subdivision 1a, and
2.24 by adding a subdivision; 257.62, subdivisions 1 and 2;
2.25 257.66, subdivision 3, and by adding a subdivision;
2.26 257.70; 257.75, subdivisions 2, 3, 4, 5, and 7;
2.27 299C.46, subdivision 3; 326.37, subdivision 1; 327.20,
2.28 subdivision 1; 393.07, subdivision 2; 466.01,
2.29 subdivision 1; 469.155, subdivision 4; 471.59,
2.30 subdivision 11; 508.63; 508A.63; 517.01; 517.03;
2.31 517.08, subdivision 1a; 517.20; 518.005, by adding a
2.32 subdivision; 518.10; 518.148, subdivision 2; 518.17,
2.33 subdivision 1; 518.171, subdivisions 1 and 4; 518.54,
2.34 subdivision 6, and by adding a subdivision; 518.551,
2.35 subdivisions 12 and 13; 518.5512, subdivision 2, and
2.36 by adding subdivisions; 518.575; 518.68, subdivision
2.37 2; 518C.101; 518C.205; 518C.207; 518C.304; 518C.305;
2.38 518C.310; 518C.401; 518C.501; 518C.603; 518C.605;
2.39 518C.608; 518C.611; 518C.612; 518C.701; 548.091,
2.40 subdivisions 1a, 2a, 3a, and by adding subdivisions;
2.41 550.37, subdivision 24; 626.556, subdivisions 10b,
2.42 10d, 10e, 10f, 11c, and by adding a subdivision;
2.43 626.558, subdivisions 1 and 2; and 626.559,
2.44 subdivision 5; Laws 1995, chapter 207, article 6,
2.45 section 115; article 8, section 41, subdivision 2;
2.46 Laws 1997, chapter 7, article 1, section 75; Laws
2.47 1997, chapter 85, article 1, sections 7, subdivision
2.48 2; 8, subdivision 2; 12, subdivision 3; 16,
2.49 subdivision 1; 26, subdivision 2; 32, subdivision 5;
2.50 33; and 75; article 3, sections 28, subdivision 1; and
2.51 42; Laws 1997, chapter 105, section 7; proposing
2.52 coding for new law in Minnesota Statutes, chapters
2.53 13B; 62J; 145A; 157; 252; 256; 256B; 256J; 257; 325F;
2.54 518; 518C; and 552; repealing Minnesota Statutes 1996,
2.55 sections 145.9256; 252.32, subdivision 4; 256.026;
2.56 256.74, subdivisions 5 and 7; 256.82, subdivision 1;
2.57 256.979, subdivision 9; 256B.057, subdivisions 2a and
2.58 2b; 256B.0625, subdivision 13b; 256B.501, subdivision
2.59 5c; 256F.05, subdivisions 5 and 7; 469.154,
2.60 subdivision 6; 518.5511, subdivisions 5, 6, 7, 8, and
2.61 9; 518.611; 518.613; 518.645; 518C.9011; and 609.375,
2.62 subdivisions 3, 4, and 6; Minnesota Rules, part
2.63 9505.1000.
2.64 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.65 ARTICLE 1
2.66 APPROPRIATIONS
2.67 Section 1. [HEALTH AND HUMAN SERVICES APPROPRIATIONS.]
3.1 The sums shown in the columns marked "APPROPRIATIONS" are
3.2 appropriated from the general fund, or any other fund named, to
3.3 the agencies and for the purposes specified in the following
3.4 sections of this article, to be available for the fiscal years
3.5 indicated for each purpose. The figures "1998" and "1999" where
3.6 used in this article, mean that the appropriation or
3.7 appropriations listed under them are available for the fiscal
3.8 year ending June 30, 1998, or June 30, 1999, respectively.
3.9 Where a dollar amount appears in parentheses, it means a
3.10 reduction of an appropriation.
3.11 SUMMARY BY FUND
3.12 APPROPRIATIONS BIENNIAL
3.13 1998 1999 TOTAL
3.14 General $2,587,119,000 $2,738,148,000 $5,325,267,000
3.15 State Government
3.16 Special Revenue 31,911,000 32,150,000 64,061,000
3.17 Metropolitan
3.18 Landfill Contingency
3.19 Action Fund 193,000 193,000 386,000
3.20 Trunk Highway 1,652,000 1,678,000 3,330,000
3.21 TOTAL $2,620,875,000 $2,772,169,000 $5,393,044,000
3.22 APPROPRIATIONS
3.23 Available for the Year
3.24 Ending June 30
3.25 1998 1999
3.26 Sec. 2. COMMISSIONER OF
3.27 HUMAN SERVICES
3.28 Subdivision 1. Total
3.29 Appropriation $2,511,210,000 $2,663,931,000
3.30 Summary by Fund
3.31 General 2,510,757,000 2,663,469,000
3.32 State Government
3.33 Special Revenue 453,000 462,000
3.34 Subd. 2. Agency Management
3.35 General 25,446,000 24,294,000
3.36 State Government
3.37 Special Revenue 342,000 350,000
3.38 The amounts that may be spent from the
3.39 appropriation for each purpose are as
3.40 follows:
3.41 (a) Financial Operations
3.42 General 7,683,000 6,518,000
4.1 [RECEIPTS FOR SYSTEMS PROJECTS.]
4.2 Appropriations and federal receipts for
4.3 information system projects for MAXIS,
4.4 electronic benefit system, social
4.5 services information system, child
4.6 support enforcement, and Minnesota
4.7 medicaid information system (MMIS II)
4.8 must be deposited in the state system
4.9 account authorized in Minnesota
4.10 Statutes, section 256.014. Money
4.11 appropriated for computer projects
4.12 approved by the information policy
4.13 office, funded by the legislature, and
4.14 approved by the commissioner of finance
4.15 may be transferred from one project to
4.16 another and from development to
4.17 operations as the commissioner of human
4.18 services considers necessary. Any
4.19 unexpended balance in the appropriation
4.20 for these projects does not cancel but
4.21 is available for ongoing development
4.22 and operations.
4.23 [STATE-OPERATED SERVICES BILLING
4.24 SYSTEMS.] Of this appropriation,
4.25 $250,000 in fiscal year 1998 is to
4.26 modify the current state-operated
4.27 services billing and receipting system
4.28 to accommodate cost-per-service
4.29 charging. As part of this project, the
4.30 commissioner shall develop cost
4.31 accounting methods to ensure that
4.32 regional treatment center chemical
4.33 dependency program charges are based on
4.34 actual costs.
4.35 (b) Legal & Regulation Operations
4.36 General 6,283,000 6,046,000
4.37 State Government
4.38 Special Revenue 342,000 350,000
4.39 [CHILD CARE LICENSING; FIRE MARSHALL
4.40 ASSISTANCE.] Of this amount, $200,000
4.41 for the biennium is for the
4.42 commissioner to add two deputy state
4.43 fire marshall positions in the
4.44 licensing division. These positions
4.45 are to improve the speed of licensing
4.46 child care programs, to provide
4.47 technical assistance to applicants and
4.48 providers regarding fire safety, and to
4.49 improve communication between licensing
4.50 staff and fire officials. The state
4.51 fire marshall shall train and supervise
4.52 the positions. The state fire marshall
4.53 and the department shall develop an
4.54 interagency agreement outlining the
4.55 responsibilities and authorities for
4.56 these positions, and continuation of
4.57 cooperation to inspect programs that
4.58 exceed the resources of these two
4.59 positions. Unexpended funds for fiscal
4.60 year 1998 do not cancel but are
4.61 available to the commissioner for these
4.62 purposes for fiscal year 1999.
4.63 [MEALS REIMBURSEMENT FOR PROVIDERS.]
4.64 The commissioner shall transfer to the
4.65 commissioner of children, families, and
5.1 learning up to $10,000 in order to
5.2 provide reimbursement for meals to
5.3 providers licensed under Minnesota
5.4 Rules, parts 9502.0300 to 9502.0445,
5.5 who were not reimbursed by the
5.6 commissioner of children, families, and
5.7 learning in 1996 and 1997 under the
5.8 child and adult care food program in
5.9 title 7 of the Code of Federal
5.10 Regulations, subtitle B, chapter II,
5.11 subchapter A, part 226, because of
5.12 problems experienced with the
5.13 department of human services licensing
5.14 computer system. This paragraph is
5.15 effective the day following final
5.16 enactment.
5.17 [AUTHORITY TO WAIVE STATUTES.] (a) In
5.18 response to the immediate and long-term
5.19 effects on individuals and public and
5.20 private entities of the unusually
5.21 severe conditions of the winter and
5.22 spring of 1997, the commissioner of
5.23 human services may waive or grant
5.24 variances to provisions in chapters
5.25 245A, 252, 256, 256B, 256D, 256E, 256G,
5.26 256I, 257, 259, 260, 518, and 626
5.27 governing: the transference of funds
5.28 between grant accounts; rate setting or
5.29 other funding requirements or limits
5.30 for specific services; documentation or
5.31 reporting requirements; licensing
5.32 requirements; payments, including
5.33 MinnesotaCare premiums; emergency
5.34 assistance time limits; general
5.35 assistance citizenship requirements for
5.36 student residents; restrictions on
5.37 receipt of emergency general assistance
5.38 by AFDC recipients; and other
5.39 administrative procedures as needed to
5.40 ensure timely and continuous service to
5.41 persons receiving or eligible to
5.42 receive services administered by the
5.43 commissioner or by the counties under
5.44 supervision of the commissioner. In
5.45 granting a waiver or variance, the
5.46 commissioner shall consider the impact
5.47 on the health and safety of vulnerable
5.48 persons. Waivers or variances may be
5.49 restricted to specific geographical
5.50 areas and specific time periods.
5.51 (b) The commissioner shall notify the
5.52 chairs of the senate health and family
5.53 security committee, health and family
5.54 security budget division, human
5.55 resources finance committee, the house
5.56 health and human services committee,
5.57 health and human services finance
5.58 division, and ways and means committee
5.59 ten days prior to the effective date of
5.60 any waiver or variance granted under
5.61 paragraph (a).
5.62 (c) The appeal rights of applicants
5.63 for, or recipients of, public
5.64 assistance or a program of social
5.65 services under Minnesota Statutes,
5.66 section 256.045, are not affected by
5.67 this provision. Counties and other
5.68 services providers do not have a right
6.1 to appeal the commissioner's decision
6.2 on whether to waive or grant a variance
6.3 from a statute under this provision.
6.4 (d) Expenditures under the waivers or
6.5 variances must not exceed the total
6.6 appropriation for the commissioner,
6.7 including any special appropriations
6.8 for flood relief. The commissioner
6.9 shall issue a summary to the chairs of
6.10 the senate human resources finance and
6.11 house ways and means committees by
6.12 January 15, 1998, regarding variances
6.13 and waivers granted under the terms
6.14 under this provision.
6.15 (e) This provision shall be effective
6.16 the day following final enactment and
6.17 shall expire February 15, 1998.
6.18 (c) Management Operations
6.19 General 11,480,000 11,730,000
6.20 [COMMUNICATION COSTS.] The commissioner
6.21 shall continue to operate the
6.22 department of human services
6.23 communication systems account
6.24 established in Laws 1993, First Special
6.25 Session chapter 1, article 1, section
6.26 2, subdivision 2, to manage shared
6.27 communication costs necessary for the
6.28 operation of the programs the
6.29 commissioner supervises. A
6.30 communications account may also be
6.31 established for each regional treatment
6.32 center which operates communication
6.33 systems. Each account shall be used to
6.34 manage shared communication costs
6.35 necessary for the operation of programs
6.36 the commissioner supervises. The
6.37 commissioner may distribute the costs
6.38 of operating and maintaining
6.39 communication systems to participants
6.40 in a manner that reflects actual
6.41 usage. Costs may include acquisition,
6.42 licensing, insurance, maintenance,
6.43 repair, staff time, and other costs as
6.44 determined by the commissioner.
6.45 Nonprofit organizations and state,
6.46 county, and local government agencies
6.47 involved in the operation of programs
6.48 the commissioner supervises may
6.49 participate in the use of the
6.50 department's communication technology
6.51 and share in the cost of operation.
6.52 The commissioner may accept on behalf
6.53 of the state any gift, bequest, devise,
6.54 or personal property of any kind, or
6.55 money tendered to the state for any
6.56 lawful purpose pertaining to the
6.57 communication activities of the
6.58 department. Any money received for
6.59 this purpose must be deposited in the
6.60 department of human services
6.61 communication systems accounts. Money
6.62 collected by the commissioner for the
6.63 use of communication systems must be
6.64 deposited in the state communication
6.65 systems account and is appropriated to
6.66 the commissioner for purposes of this
7.1 section.
7.2 [ISSUANCE OPERATIONS CENTER.] Payments
7.3 to the commissioner from other
7.4 governmental units and private
7.5 enterprises for (1) services performed
7.6 by the issuance operations center, or
7.7 (2) reports generated by the payment
7.8 and eligibility systems must be
7.9 deposited in the state systems account
7.10 authorized in Minnesota Statutes,
7.11 section 256.014. These payments are
7.12 appropriated to the commissioner for
7.13 the operation of the issuance center or
7.14 system, in accordance with Minnesota
7.15 Statutes, section 256.014.
7.16 Subd. 3. Children's Grants
7.17 General 38,127,000 40,177,000
7.18 [INDIAN CHILD WELFARE ACT.] Of this
7.19 appropriation, $90,000 each year is to
7.20 provide grants according to Minnesota
7.21 Statutes, section 257.3571, subdivision
7.22 2a, to the Indian child welfare defense
7.23 corporation to promote statewide
7.24 compliance with the Indian Child
7.25 Welfare Act.
7.26 [CHILDREN'S MENTAL HEALTH.] Of this
7.27 appropriation, $600,000 in fiscal year
7.28 1998 and $800,000 in fiscal year 1999
7.29 is for the commissioner to award grants
7.30 to counties for children's mental
7.31 health services. These grants may be
7.32 used to provide any of the following
7.33 services specified in Minnesota
7.34 Statutes, section 245.4871; family
7.35 community support services under
7.36 subdivision 17; day treatment services
7.37 under subdivision 10; case management
7.38 services under subdivision 3;
7.39 professional home-based family
7.40 treatment under subdivision 31; and
7.41 outpatient services under subdivision
7.42 29. Grant funds must be used to
7.43 provide appropriate personnel and
7.44 services according to an individual
7.45 family community support plan under
7.46 Minnesota Statutes, section 245.4882,
7.47 subdivision 4, that must be developed,
7.48 evaluated, and changed where needed,
7.49 using a process that respects the
7.50 consumer's identified cultural
7.51 community and enhances consumer
7.52 empowerment, best interests and
7.53 outcomes which strengthens and supports
7.54 children and their families.
7.55 In awarding these grants to counties,
7.56 the commissioner shall work with the
7.57 state advisory council on mental health
7.58 to ensure that the process for awarding
7.59 funds addresses the unmet need for
7.60 services under Minnesota Statutes,
7.61 sections 245.487 to 245.4888. The
7.62 commissioner shall also ensure that
7.63 these grant funds are not used to
7.64 replace existing funds, and that these
7.65 grant funds are used to enhance service
8.1 capacity at the community level
8.2 consistent with Minnesota Statutes,
8.3 sections 245.487 to 245.4888.
8.4 Subd. 4. Children's Services Management
8.5 General 3,541,000 2,072,000
8.6 [SOCIAL SERVICES INFORMATION SYSTEM.]
8.7 Of this appropriation, $1,500,000 in
8.8 fiscal year 1998 is for training and
8.9 implementation costs related to the
8.10 social services information system.
8.11 Any unexpended funds shall not cancel
8.12 but shall be available for fiscal year
8.13 1999. This appropriation shall not
8.14 become part of the base for the
8.15 biennium beginning July 1, 1999.
8.16 Subd. 5. Basic Health Care Grants
8.17 Summary by Fund
8.18 General 834,098,000 938,504,000
8.19 The amounts that may be spent from this
8.20 appropriation for each purpose are as
8.21 follows:
8.22 (a) MA Basic Health Care Grants-
8.23 Families and Children
8.24 General 322,970,000 367,726,000
8.25 [NOTICE ON CHANGES IN ASSET TEST.] The
8.26 commissioner shall provide a notice by
8.27 July 15, 1997, to all recipients
8.28 affected by the changes in this act in
8.29 asset standards for families with
8.30 children notifying them:
8.31 (1) what asset limits will apply to
8.32 them;
8.33 (2) when the new limits will apply;
8.34 (3) what options they have to spenddown
8.35 assets; and
8.36 (4) what options they have to enroll in
8.37 MinnesotaCare, including an explanation
8.38 of the MinnesotaCare premium structure.
8.39 (b) MA Basic Health Care Grants-
8.40 Elderly & Disabled
8.41 General 337,659,000 400,408,000
8.42 [PUBLIC HEALTH NURSE ASSESSMENT.] The
8.43 reimbursement for public health nurse
8.44 visits relating to the provision of
8.45 personal care services under Minnesota
8.46 Statutes, sections 256B.0625,
8.47 subdivision 19a, and 256B.0627, is
8.48 $204.36 for the initial assessment
8.49 visit and $102.18 for each reassessment
8.50 visit.
8.51 [SURCHARGE COMPLIANCE.] In the event
8.52 that federal financial participation in
8.53 the Minnesota medical assistance
9.1 program is reduced as a result of a
9.2 determination that Minnesota is out of
9.3 compliance with Public Law Number
9.4 102-234 or its implementing regulations
9.5 or with any other federal law designed
9.6 to restrict provider tax programs or
9.7 intergovernmental transfers, the
9.8 commissioner shall appeal the
9.9 determination to the fullest extent
9.10 permitted by law and may ratably reduce
9.11 all medical assistance and general
9.12 assistance medical care payments to
9.13 providers other than the state of
9.14 Minnesota in order to eliminate any
9.15 shortfall resulting from the reduced
9.16 federal funding. Any amount later
9.17 recovered through the appeals process
9.18 shall be used to reimburse providers
9.19 for any ratable reductions taken.
9.20 [BLOOD PRODUCTS LITIGATION.] To the
9.21 extent permitted by federal law,
9.22 Minnesota Statutes, sections 256.015,
9.23 256B.042, 256B.056, and 256B.15 are
9.24 waived as necessary for the limited
9.25 purpose of resolving the state's claims
9.26 in connection with In re Factor VIII or
9.27 IX Concentrate Blood Products
9.28 Litigation, MDL-986, No. 93-C7452
9.29 (N.D.III.).
9.30 [DISTRIBUTION TO MEDICAL ASSISTANCE
9.31 PROVIDERS.] (a) Of the amount
9.32 appropriated to the medical assistance
9.33 account in fiscal year 1998, $5,000,000
9.34 plus the federal financial
9.35 participation amount shall be
9.36 distributed to medical assistance
9.37 providers according to the distribution
9.38 methodology of the medical education
9.39 research trust fund established under
9.40 Minnesota Statutes, section 62J.69.
9.41 (b) In fiscal year 1999, the prepaid
9.42 medical assistance and prepaid general
9.43 assistance medical care capitation rate
9.44 reduction amounts under Minnesota
9.45 Statutes, section 256B.69, subdivision
9.46 5c, and the federal financial
9.47 participation amount associated with
9.48 the medical assistance reduction, shall
9.49 be distributed to medical assistance
9.50 providers according to the distribution
9.51 methodology of the trust fund.
9.52 [AUGMENTATIVE AND ALTERNATIVE
9.53 COMMUNICATION SYSTEMS.] Augmentative
9.54 and alternative communication systems
9.55 and related components that are prior
9.56 authorized by the department through
9.57 pass through vendors during the period
9.58 from January 1, 1997, until the
9.59 augmentative and alternative
9.60 communication system purchasing program
9.61 or other alternatives are operational
9.62 shall be paid under the medical
9.63 assistance program at the actual price
9.64 charged the pass through vendor plus 20
9.65 percent to cover administrative costs
9.66 of prior authorization and billing and
9.67 shipping charges.
10.1 (c) General Assistance Medical Care
10.2 General 173,469,000 170,370,000
10.3 [HEALTH CARE ACCESS TRANSFERS TO
10.4 GENERAL FUND.] Funds shall be
10.5 transferred from the health care access
10.6 fund to the general fund in an amount
10.7 equal to the projected savings to
10.8 general assistance medical care (GAMC)
10.9 that would result from the transition
10.10 of GAMC parents and adults without
10.11 children to MinnesotaCare. Based on
10.12 this projection, for state fiscal year
10.13 1998, the amount transferred from the
10.14 health care access fund to the general
10.15 fund shall be $13,700,000. The amount
10.16 of transfer, if any, necessary for
10.17 state fiscal year 1999 shall be
10.18 determined on a pro rata basis.
10.19 [TUBERCULOSIS COST OF CARE.] Of the
10.20 general fund appropriation, $89,000 for
10.21 the biennium is for the cost of care
10.22 that is required to be paid by the
10.23 commissioner under Minnesota Statutes,
10.24 section 144.4872, to diagnose or treat
10.25 tuberculosis carriers.
10.26 Subd. 6. Basic Health Care Management
10.27 General 23,502,000 24,518,000
10.28 [CONSUMER-OWNED HOUSING REVOLVING
10.29 ACCOUNT.] Effective the day following
10.30 final enactment, for the fiscal year
10.31 ending June 30, 1997, the commissioner
10.32 of human services may transfer $25,000
10.33 of the appropriation for basic health
10.34 care management to the commissioner of
10.35 the Minnesota housing finance agency to
10.36 establish an account to finance the
10.37 underwriting requirements of the
10.38 federal national mortgage association
10.39 pilot program for persons with
10.40 disabilities. The Minnesota housing
10.41 finance agency may spend money from the
10.42 account for the purpose of assisting in
10.43 payment of delinquent mortgage payments
10.44 of persons participating in the federal
10.45 National Mortgage Association pilot
10.46 program for persons with disabilities.
10.47 Any unexpended balance in this account
10.48 does not cancel, but is available to
10.49 the commissioner of the Minnesota
10.50 housing finance agency for the ongoing
10.51 purposes of the account.
10.52 [PROVIDER REIMBURSEMENT FOR HEALTH CARE
10.53 SERVICES TO CRIME VICTIMS.] Of this
10.54 appropriation $25,000 each year is for
10.55 the commissioner to reimburse health
10.56 care providers for counseling, testing,
10.57 and early intervention services
10.58 provided to crime victims who requested
10.59 the services and who have experienced
10.60 significant exposure to the HIV virus,
10.61 as defined in Minnesota Statutes,
10.62 section 144.761, subdivision 7, as the
10.63 result of a crime.
11.1 (a) Health Care Policy Administration
11.2 General 4,256,000 4,316,000
11.3 [CONSUMER SATISFACTION SURVEY.] Any
11.4 federal matching money received through
11.5 the medical assistance program for the
11.6 consumer satisfaction survey is
11.7 appropriated to the commissioner for
11.8 this purpose. The commissioner may
11.9 expend the federal money received for
11.10 the consumer satisfaction survey in
11.11 either year of the biennium.
11.12 (b) Health Care Operations
11.13 General 19,246,000 20,202,000
11.14 [PREPAID MEDICAL PROGRAMS.] The
11.15 nonfederal share of the prepaid medical
11.16 assistance program fund, which has been
11.17 appropriated to fund county managed
11.18 care advocacy and enrollment operating
11.19 costs, shall be disbursed as grants
11.20 using either a reimbursement or block
11.21 grant mechanism and may also be
11.22 transferred between grants and nongrant
11.23 administration costs with approval of
11.24 the commissioner of finance.
11.25 [SYSTEMS CONTINUITY.] In the event of
11.26 disruption of technical systems or
11.27 computer operations, the commissioner
11.28 may use available grant appropriations
11.29 to ensure continuity of payments for
11.30 maintaining the health, safety, and
11.31 well-being of clients served by
11.32 programs administered by the department
11.33 of human services. Grant funds must be
11.34 used in a manner consistent with the
11.35 original intent of the appropriation.
11.36 Subd. 7. State-Operated Services
11.37 General 207,174,000 203,429,000
11.38 The amounts that may be spent from this
11.39 appropriation for each purpose are as
11.40 follows:
11.41 (a) RTC Facilities
11.42 General 193,647,000 188,883,000
11.43 [MITIGATION RELATED TO DD DOWNSIZING
11.44 AND MH PILOTS.] Money appropriated to
11.45 finance mitigation expenses related to
11.46 the downsizing of regional treatment
11.47 center developmental disabilities
11.48 programs and the establishment of
11.49 mental health pilot projects may be
11.50 transferred between fiscal years within
11.51 the biennium.
11.52 [FUNDING FOR GRAVE MARKERS.] Of this
11.53 appropriation, $200,000 for the
11.54 biennium ending June 30, 1999, is for
11.55 the commissioner to fund markers with
11.56 the names of individuals whose graves
11.57 are located at regional treatment
11.58 centers. This appropriation is
12.1 available only after reasonable efforts
12.2 have been made to acquire funds from
12.3 private sources to fund the markers,
12.4 and after the private funds collected,
12.5 if any, have been exhausted. Of the
12.6 $200,000, $5,000 shall be transferred
12.7 to Advocating Change Together for a
12.8 public awareness campaign to increase
12.9 public knowledge of the issues
12.10 surrounding developmental disabilities
12.11 and to encourage private contributions
12.12 to assist in the completion of this
12.13 project.
12.14 [RTC CHEMICAL DEPENDENCY PROGRAMS.]
12.15 When the operations of the regional
12.16 treatment center chemical dependency
12.17 fund created in Minnesota Statutes,
12.18 section 246.18, subdivision 2, are
12.19 impeded by projected cash deficiencies
12.20 resulting from delays in the receipt of
12.21 grants, dedicated income, or other
12.22 similar receivables, and when the
12.23 deficiencies would be corrected within
12.24 the budget period involved, the
12.25 commissioner of finance may transfer
12.26 general fund cash reserves into this
12.27 account as necessary to meet cash
12.28 demands. The cash flow transfers must
12.29 be returned to the general fund in the
12.30 fiscal year that the transfer was
12.31 made. Any interest earned on general
12.32 fund cash flow transfers accrues to the
12.33 general fund and not the regional
12.34 treatment center chemical dependency
12.35 fund.
12.36 [SHORT-TERM TREATMENT PROGRAM.] The
12.37 commissioner shall report to the
12.38 legislature by January 15, 1998, with
12.39 recommendations on the establishment of
12.40 a short-term treatment program of less
12.41 than 45 days to be administered by the
12.42 Anoka regional center to serve persons
12.43 with mental illness. The report must
12.44 include a plan to qualify the program
12.45 for medical assistance reimbursement
12.46 and estimates of the capital bonding
12.47 and ongoing funding necessary to
12.48 operate the program.
12.49 [RTC PILOT PROJECTS.] The commissioner
12.50 may authorize regional treatment
12.51 centers to enter into contracts with
12.52 health plans that provide services to
12.53 publicly funded clients to provide
12.54 services within the diagnostic
12.55 categories related to mental illness
12.56 and chemical dependency, provided that
12.57 the revenue is sufficient to cover
12.58 actual costs. Regional treatment
12.59 centers may establish revenue-based
12.60 acute care services to be provided
12.61 under these contracts, separate from
12.62 the appropriation-based services
12.63 otherwise provided at the regional
12.64 treatment center. The appropriation to
12.65 regional treatment centers may be used
12.66 to cover start-up costs related to
12.67 these services, offset by revenue. The
12.68 commissioner, in conjunction with the
13.1 commissioner of administration, is
13.2 authorized to modify state contract
13.3 procedures that would otherwise impede
13.4 pilot projects in order for the
13.5 facility to participate in managed care
13.6 activities. The commissioner may
13.7 delegate the execution of these
13.8 contracts to the chief executive
13.9 officer of the regional treatment
13.10 center. The commissioner shall report
13.11 to the legislature by January 15, 1998,
13.12 on pilot project development and
13.13 implementation.
13.14 [CAMBRIDGE REGIONAL HUMAN SERVICES
13.15 CENTER.] (a) The commissioner shall
13.16 maintain capacity at Cambridge regional
13.17 human services center and shall
13.18 continue to provide residential and
13.19 crisis services at Cambridge for
13.20 persons with complex behavioral and
13.21 social problems committed by the courts
13.22 from the Faribault regional center and
13.23 Cambridge regional human services
13.24 center catchment areas. Campus
13.25 programs shall operate with the aim of
13.26 facilitating the return of individuals
13.27 with clinically complex behavior and
13.28 social problems to community settings
13.29 and shall maintain sufficient support
13.30 services on campus as needed by the
13.31 programs.
13.32 (b) The commissioner shall develop and
13.33 present a plan and recommendations to
13.34 the legislature by January 15, 1998,
13.35 for the second phase of the Minnesota
13.36 extended treatment options (METO)
13.37 program at Cambridge regional human
13.38 services center to serve persons with
13.39 developmental disabilities who pose a
13.40 public risk. Phase two shall increase
13.41 the on-campus program capacity of METO
13.42 by at least 36 additional beds, unless
13.43 program configuration changes are
13.44 agreed to by the affected exclusive
13.45 bargaining representative.
13.46 [RTC RESTRUCTURING.] For purposes of
13.47 restructuring the regional treatment
13.48 centers and state nursing homes, any
13.49 regional treatment center or state
13.50 nursing home employee whose position is
13.51 to be eliminated shall be afforded the
13.52 options provided in applicable
13.53 collective bargaining agreements. All
13.54 salary and mitigation allocations from
13.55 fiscal year 1998 shall be carried
13.56 forward into fiscal year 1999.
13.57 Provided there is no conflict with any
13.58 collective bargaining agreement, any
13.59 regional treatment center or state
13.60 nursing home position reduction must
13.61 only be accomplished through
13.62 mitigation, attrition, transfer, and
13.63 other measures as provided in state or
13.64 applicable collective bargaining
13.65 agreements and in Minnesota Statutes,
13.66 section 252.50, subdivision 11, and not
13.67 through layoff.
14.1 [RTC POPULATION.] If the resident
14.2 population at the regional treatment
14.3 centers is projected to be higher than
14.4 the estimates upon which the medical
14.5 assistance forecast and budget
14.6 recommendations for the 1998-1999
14.7 biennium were based, the amount of the
14.8 medical assistance appropriation that
14.9 is attributable to the cost of services
14.10 that would have been provided as an
14.11 alternative to regional treatment
14.12 center services, including resources
14.13 for community placements and waivered
14.14 services for persons with mental
14.15 retardation and related conditions, is
14.16 transferred to the residential
14.17 facilities appropriation.
14.18 [REPAIRS AND BETTERMENTS.] The
14.19 commissioner may transfer unencumbered
14.20 appropriation balances between fiscal
14.21 years for the state residential
14.22 facilities repairs and betterments
14.23 account and special equipment.
14.24 [PROJECT LABOR.] Wages for project
14.25 labor may be paid by the commissioner
14.26 of human services out of repairs and
14.27 betterments money if the individual is
14.28 to be engaged in a construction project
14.29 or a repair project of short-term and
14.30 nonrecurring nature. Compensation for
14.31 project labor shall be based on the
14.32 prevailing wage rates, as defined in
14.33 Minnesota Statutes, section 177.42,
14.34 subdivision 6. Project laborers are
14.35 excluded from the provisions of
14.36 Minnesota Statutes, sections 43A.22 to
14.37 43A.30, and shall not be eligible for
14.38 state-paid insurance and benefits.
14.39 [STATE-OPERATED SERVICES CD
14.40 CONSOLIDATION.] Notwithstanding the
14.41 provisions of Minnesota Statutes,
14.42 section 246.0135, paragraph (a), the
14.43 commissioner may consolidate the
14.44 extended plus chemical dependency
14.45 program operated by Moose Lake Regional
14.46 State-Operated Services at Cambridge
14.47 and the chemical dependency program
14.48 operated by Anoka-Metro Regional
14.49 Treatment Center at the Anoka
14.50 location. With the concurrence of the
14.51 affected bargaining unit
14.52 representatives, this consolidation may
14.53 commence upon the date following
14.54 enactment.
14.55 [DEVELOPMENT OF ADULT MENTAL HEALTH
14.56 PILOT PROJECTS.] The commissioner shall
14.57 ensure that exclusive bargaining
14.58 representatives are informed about and
14.59 allowed to participate in all aspects
14.60 of the development of adult mental
14.61 health pilot projects. Prior to
14.62 authorizing additional funding for any
14.63 county adult mental health pilot
14.64 project, the commissioner shall give
14.65 written assurance to the affected
14.66 exclusive bargaining representatives
14.67 that the mental health pilot project:
15.1 (1) does not infringe on existing
15.2 collective bargaining agreements or the
15.3 relationships between public employees
15.4 and their employers;
15.5 (2) will effectively use bargaining
15.6 unit employees; and
15.7 (3) will foster cooperative and
15.8 constructive labor and management
15.9 practices under Minnesota Statutes,
15.10 chapters 43A and 179A.
15.11 [RTC STAFFING LEVELS.] In order to
15.12 maintain adequate staffing levels
15.13 during reallocations, downsizing, or
15.14 transfer of regional center nonfiscal
15.15 resources, the commissioner must ensure
15.16 that any reallocation of positions
15.17 between regional centers does not
15.18 reduce required staffing at regional
15.19 center programs for adults and
15.20 adolescents with mental illness.
15.21 Each regional treatment center serving
15.22 persons with mental illness must have a
15.23 written staffing plan based on program
15.24 services and treatment plans that are
15.25 required for individuals with mental
15.26 illness at the regional center using
15.27 standards established by the
15.28 commissioner. The written plan must
15.29 include a detailed account of the
15.30 staffing needed at the regional center
15.31 for the following inpatient and other
15.32 psychiatric programs:
15.33 (1) acute inpatient;
15.34 (2) long-term inpatient;
15.35 (3) adolescent programs; and
15.36 (4) mobile and other crisis services
15.37 and transitional services.
15.38 If requested, the regional treatment
15.39 center chief executive officer must
15.40 provide the exclusive bargaining
15.41 representative or any other interested
15.42 party with a copy of the staffing plan.
15.43 If the exclusive bargaining
15.44 representative or another interested
15.45 party believes that actual staffing or
15.46 planned staffing for a regional
15.47 treatment center is not adequate to
15.48 provide necessary treatment, they may
15.49 request the ombudsman for mental health
15.50 and mental retardation to investigate,
15.51 report findings, and make
15.52 recommendations under Minnesota
15.53 Statutes, chapter 245. If an
15.54 investigation is requested in light of
15.55 such circumstances, the report and
15.56 recommendations must be completed no
15.57 less than 30 days before an actual
15.58 reallocation, downsizing of staff, or
15.59 transfer of nonfiscal resources from a
15.60 regional treatment center.
16.1 By November 1, 1997, the commissioner
16.2 shall begin to develop regional
16.3 treatment center staffing plans for
16.4 inpatient and other psychiatric
16.5 programs. The commissioner will
16.6 consult with representatives of
16.7 exclusive bargaining representatives
16.8 during the development of these plans.
16.9 By February 1, 1998, the commissioner
16.10 shall prepare and transmit to the
16.11 legislature a report of the staffing
16.12 level standards for regional treatment
16.13 centers. The commissioner may also
16.14 recommend any changes in statute,
16.15 rules, and appropriations needed to
16.16 implement the recommendations.
16.17 (b) State-Operated Community
16.18 Services - MI Adults
16.19 General 3,907,000 3,976,000
16.20 (c) State-Operated Community
16.21 Services - DD
16.22 General 9,620,000 10,570,000
16.23 Subd. 8. Continuing Care and
16.24 Community Support Grants
16.25 General 1,097,832,000 1,165,926,000
16.26 The amounts that may be spent from this
16.27 appropriation for each purpose are as
16.28 follows:
16.29 (a) Community Services Block Grants
16.30 55,641,000 55,641,000
16.31 [CSSA TRADITIONAL APPROPRIATION.]
16.32 Notwithstanding Minnesota Statutes,
16.33 section 256E.06, subdivisions 1 and 2,
16.34 the appropriations available under that
16.35 section in fiscal years 1998 and 1999
16.36 must be distributed to each county
16.37 proportionately to the aid received by
16.38 the county in calendar year 1996. The
16.39 commissioner, in consultation with
16.40 counties, shall study the formula
16.41 limitations in subdivision 2 of that
16.42 section, and report findings and any
16.43 recommendations for revision of the
16.44 CSSA formula and its formula limitation
16.45 provisions to the legislature by
16.46 January 15, 1998.
16.47 (b) Consumer Support Grants
16.48 1,757,000 1,757,000
16.49 (c) Aging Adult Service Grants
16.50 7,900,000 7,928,000
16.51 [OMBUDSMAN FOR OLDER MINNESOTANS.] Of
16.52 this appropriation, $150,000 in fiscal
16.53 year 1998 and $175,000 in fiscal year
16.54 1999 is for the board on aging's
16.55 ombudsman for older Minnesotans to
16.56 expand its activities relating to home
17.1 care services and other
17.2 noninstitutional services, and to
17.3 develop and implement a continuing
17.4 education program for ombudsman
17.5 volunteers. This appropriation shall
17.6 become part of base-level funding for
17.7 the biennium beginning July 1, 1999.
17.8 [HEALTH INSURANCE COUNSELING.] (a) Of
17.9 this appropriation, $200,000 each year
17.10 is for the board on aging for the
17.11 purpose of health insurance counseling
17.12 and assistance grants to be awarded to
17.13 the area agencies on aging.
17.14 (b) Of the amount in paragraph (a),
17.15 $100,000 per year is for the area
17.16 agencies in regions participating in
17.17 the current health insurance counseling
17.18 pilot program. The remaining funding
17.19 shall be distributed on a competitive
17.20 basis to area agencies on aging in
17.21 other regions based on criteria
17.22 developed jointly by the board on aging
17.23 and the area agencies on aging.
17.24 (c) The board shall explore
17.25 opportunities for obtaining alternative
17.26 funding from nonstate sources,
17.27 including contributions from
17.28 individuals seeking health insurance
17.29 counseling services.
17.30 [LIVING-AT-HOME/BLOCK NURSE PROGRAMS.]
17.31 Of this appropriation, $240,000 each
17.32 fiscal year is for the commissioner to
17.33 provide funding to 12 additional
17.34 living-at-home/block nurse programs;
17.35 $70,000 for the biennium is for the
17.36 commissioner to increase funding for
17.37 certain living-at-home/block nurse
17.38 programs so that funding for all
17.39 programs is at the same level for each
17.40 fiscal year; and $50,000 each fiscal
17.41 year is for the commissioner to provide
17.42 additional contract funding for the
17.43 organization awarded the contract for
17.44 the living-at-home/block nurse program.
17.45 [CONGREGATE AND HOME-DELIVERED MEALS.]
17.46 The supplemental funding for nutrition
17.47 programs serving counties where
17.48 congregate and home-delivered meals
17.49 were locally financed prior to
17.50 participation in the nutrition program
17.51 of the Older Americans Act shall be
17.52 awarded at no less than the same levels
17.53 as in fiscal year 1997.
17.54 [EPILEPSY LIVING SKILLS.] Of this
17.55 appropriation, $30,000 each year is for
17.56 the purposes of providing increased
17.57 funding for the living skills training
17.58 program for persons with intractable
17.59 epilepsy who need assistance in the
17.60 transition to independent living. This
17.61 amount must be included in the base
17.62 amount for this program.
17.63 (d) Deaf and Hard-of-Hearing
17.64 Services Grants
18.1 1,524,000 1,424,000
18.2 [ASSISTANCE DOGS.] Of this
18.3 appropriation, $50,000 for the biennium
18.4 is for the commissioner to provide
18.5 grants to Minnesota nonprofit
18.6 organizations that train or provide
18.7 assistance dogs for persons with
18.8 disabilities. This appropriation shall
18.9 not become part of the base for the
18.10 biennium beginning July 1, 1999.
18.11 [GRANT FOR SERVICES TO DEAF-BLIND
18.12 CHILDREN AND PERSONS.] Of this
18.13 appropriation, $150,000 for the
18.14 biennium is for a grant to an
18.15 organization that provides services to
18.16 deaf-blind persons. The grant must be
18.17 used to provide additional services to
18.18 deaf-blind children and their
18.19 families. Such services may include
18.20 providing intervenors to assist
18.21 deaf-blind children in participating in
18.22 their communities, and family education
18.23 specialists to teach siblings and
18.24 parents skills to support the
18.25 deaf-blind child in the family. The
18.26 commissioner shall use a
18.27 request-for-proposal process to award
18.28 the grants in this paragraph.
18.29 Of this appropriation, $150,000 for the
18.30 biennium is for a grant to an
18.31 organization that provides services to
18.32 deaf-blind persons. The grant must be
18.33 used to provide assistance to
18.34 deaf-blind persons who are working
18.35 towards establishing and maintaining
18.36 independence. The commissioner shall
18.37 use a request-for-proposal process to
18.38 award the grants in this paragraph.
18.39 An organization that receives a grant
18.40 under this provision may expend the
18.41 grant for any purpose authorized by
18.42 this provision, and in either year of
18.43 the biennium.
18.44 [GRANT FOR SERVICES TO DEAF PERSONS
18.45 WITH MENTAL ILLNESS.] Of this
18.46 appropriation, $100,000 the first year
18.47 and $50,000 the second year is for a
18.48 grant to a nonprofit agency that
18.49 currently serves deaf and
18.50 hard-of-hearing adults with mental
18.51 illness through residential programs
18.52 and supported housing outreach
18.53 activities. The grant must be used to
18.54 continue or maintain community support
18.55 services for deaf and hard-of-hearing
18.56 adults with mental illness who use or
18.57 wish to use sign language as their
18.58 primary means of communication.
18.59 [ASSESSMENTS FOR DEAF, HARD-OF-HEARING
18.60 AND DEAF-BLIND CHILDREN.] Of this
18.61 appropriation, $150,000 each year is
18.62 for the commissioner to establish a
18.63 grant program for deaf, hard-of-hearing
18.64 and deaf-blind children in the state.
19.1 The grant program shall be used to
19.2 provide specialized statewide
19.3 psychological and social assessments,
19.4 family assessments, and school and
19.5 family consultation and training.
19.6 Services provided through this program
19.7 must be provided in cooperation with
19.8 the Minnesota resource center; the
19.9 department of children, families, and
19.10 learning; the St. Paul-Ramsey health
19.11 and wellness program serving deaf and
19.12 hard-of-hearing people; and greater
19.13 Minnesota community mental health
19.14 centers.
19.15 (e) Mental Health Grants
19.16 48,796,000 49,896,000
19.17 [ADOLESCENT COMPULSIVE GAMBLING GRANT.]
19.18 $125,000 for fiscal year 1998 and
19.19 $125,000 for fiscal year 1999 shall be
19.20 transferred by the director of the
19.21 lottery from the lottery prize fund
19.22 created under Minnesota Statutes,
19.23 section 349A.10, subdivision 2, to the
19.24 general fund. $125,000 for fiscal year
19.25 1998 and $125,000 for fiscal year 1999
19.26 is appropriated from the general fund
19.27 to the commissioner for the purposes of
19.28 a grant to a compulsive gambling
19.29 council located in St. Louis county for
19.30 a statewide compulsive gambling
19.31 prevention and education project for
19.32 adolescents.
19.33 [CAMP.] Of this appropriation, $30,000
19.34 for the biennium is from the mental
19.35 health special projects account, for
19.36 adults and children with mental illness
19.37 from across the state for a camping
19.38 program which utilizes the Boundary
19.39 Waters Canoe Area and is cooperatively
19.40 sponsored by client advocacy, mental
19.41 health treatment, and outdoor
19.42 recreation agencies.
19.43 (f) Developmental Disabilities
19.44 Support Grants
19.45 6,448,000 6,398,000
19.46 (g) Medical Assistance Long-Term
19.47 Care Waivers and Home Care
19.48 249,512,000 299,186,000
19.49 [COUNTY WAIVERED SERVICES RESERVE.]
19.50 Notwithstanding the provisions of
19.51 Minnesota Statutes, section 256B.092,
19.52 subdivision 4, and Minnesota Rules,
19.53 part 9525.1830, subpart 2, the
19.54 commissioner may approve written
19.55 procedures and criteria for the
19.56 allocation of home- and community-based
19.57 waivered services funding for persons
19.58 with mental retardation or related
19.59 conditions which enables a county to
19.60 maintain a reserve resource account.
19.61 The reserve resource account may not
19.62 exceed five percent of the county
20.1 agency's total annual allocation of
20.2 home- and community-based waivered
20.3 services funds. The reserve may be
20.4 utilized to ensure the county's ability
20.5 to meet the changing needs of current
20.6 recipients, to ensure the health and
20.7 safety needs of current recipients, or
20.8 to provide short-term emergency
20.9 intervention care to eligible waiver
20.10 recipients.
20.11 [REIMBURSEMENT INCREASES.] (a)
20.12 Effective for services rendered on or
20.13 after July 1, 1997, the commissioner
20.14 shall increase reimbursement or
20.15 allocation rates by five percent, and
20.16 county boards shall adjust provider
20.17 contracts as needed, for home and
20.18 community-based waiver services for
20.19 persons with mental retardation or
20.20 related conditions under Minnesota
20.21 Statutes, section 256B.501; home and
20.22 community-based waiver services for the
20.23 elderly under Minnesota Statutes,
20.24 section 256B.0915; community
20.25 alternatives for disabled individuals
20.26 waiver services under Minnesota
20.27 Statutes, section 256B.49; community
20.28 alternative care waiver services under
20.29 Minnesota Statutes, section 256B.49;
20.30 traumatic brain injury waiver services
20.31 under Minnesota Statutes, section
20.32 256B.49; nursing services and home
20.33 health services under Minnesota
20.34 Statutes, section 256B.0625,
20.35 subdivision 6a; personal care services
20.36 and nursing supervision of personal
20.37 care services under Minnesota Statutes,
20.38 section 256B.0625, subdivision 19a;
20.39 private duty nursing services under
20.40 Minnesota Statutes, section 256B.0625,
20.41 subdivision 7; day training and
20.42 habilitation services for adults with
20.43 mental retardation or related
20.44 conditions under Minnesota Statutes,
20.45 sections 252.40 to 252.47; physical
20.46 therapy services under Minnesota
20.47 Statutes, sections 256B.0625,
20.48 subdivision 8, and 256D.03, subdivision
20.49 4; occupational therapy services under
20.50 Minnesota Statutes, sections 256B.0625,
20.51 subdivision 8a, and 256D.03,
20.52 subdivision 4; speech-language therapy
20.53 services under Minnesota Statutes,
20.54 section 256D.03, subdivision 4, and
20.55 Minnesota Rules, part 9505.0390;
20.56 respiratory therapy services under
20.57 Minnesota Statutes, section 256D.03,
20.58 subdivision 4, and Minnesota Rules,
20.59 part 9505.0295; dental services under
20.60 Minnesota Statutes, sections 256B.0625,
20.61 subdivision 9, and 256D.03, subdivision
20.62 4; alternative care services under
20.63 Minnesota Statutes, section 256B.0913;
20.64 adult residential program grants under
20.65 Minnesota Rules, parts 9535.2000 to
20.66 9535.3000; adult and family community
20.67 support grants under Minnesota Rules,
20.68 parts 9535.1700 to 9535.1760; and
20.69 semi-independent living services under
20.70 Minnesota Statutes, section 252.275,
21.1 including SILS funding under county
21.2 social services grants formerly funded
21.3 under Minnesota Statutes, chapter
21.4 256I. The commissioner shall also
21.5 increase prepaid medical assistance
21.6 program capitation rates as appropriate
21.7 to reflect the rate increases in this
21.8 paragraph. Section 13, sunset of
21.9 uncodified language, does not apply to
21.10 this paragraph.
21.11 (b) It is the intention of the
21.12 legislature that the compensation
21.13 packages of staff within each service
21.14 be increased by five percent.
21.15 (h) Medical Assistance Long-Term
21.16 Care Facilities
21.17 570,291,000 598,115,000
21.18 [ICF/MR AND NURSING FACILITY
21.19 INFLATION.] The commissioner shall
21.20 grant inflation adjustments for nursing
21.21 facilities with rate years beginning
21.22 during the biennium according to
21.23 Minnesota Statutes, section 256B.431,
21.24 and shall grant inflation adjustments
21.25 for intermediate care facilities for
21.26 persons with mental retardation or
21.27 related conditions with rate years
21.28 beginning during the biennium according
21.29 to Minnesota Statutes, section 256B.501.
21.30 [MORATORIUM EXCEPTIONS.] Of this
21.31 appropriation, $500,000 each year shall
21.32 be disbursed for the medical assistance
21.33 costs of moratorium exceptions approved
21.34 by the commissioner of health under
21.35 Minnesota Statutes, section 144A.073.
21.36 Unexpended money appropriated for
21.37 fiscal year 1998 does not cancel but is
21.38 available for fiscal year 1999.
21.39 (i) Alternative Care Grants
21.40 General 48,355,000 32,278,000
21.41 [PREADMISSION SCREENING TRANSFER.]
21.42 Effective the day following final
21.43 enactment, up to $40,000 of the
21.44 appropriation for preadmission
21.45 screening and alternative care for
21.46 fiscal year 1997 may be transferred to
21.47 the health care administration account
21.48 to pay the state's share of county
21.49 claims for conducting nursing home
21.50 assessments for persons with mental
21.51 illness or mental retardation as
21.52 required by Public Law Number 100-203.
21.53 [ALTERNATIVE CARE TRANSFER.] Any money
21.54 allocated to the alternative care
21.55 program that is not spent for the
21.56 purposes indicated does not cancel but
21.57 shall be transferred to the medical
21.58 assistance account.
21.59 [PREADMISSION SCREENING AMOUNT.] The
21.60 preadmission screening payment to all
21.61 counties shall continue at the payment
22.1 amount in effect for fiscal year 1997.
22.2 [PAS/AC APPROPRIATION.] The
22.3 commissioner may expend the money
22.4 appropriated for preadmission screening
22.5 and the alternative care program for
22.6 these purposes in either year of the
22.7 biennium.
22.8 (j) Group Residential Housing
22.9 General 65,974,000 69,562,000
22.10 (k) Chemical Dependency
22.11 Entitlement Grants
22.12 General 36,634,000 38,741,000
22.13 [CHEMICAL DEPENDENCY FUNDS TRANSFER.]
22.14 $11,340,000 from the consolidated
22.15 chemical dependency general reserve
22.16 fund available in fiscal year 1998 is
22.17 transferred to the general fund.
22.18 (l) Chemical Dependency
22.19 Nonentitlement Grants
22.20 General 5,000,000 5,000,000
22.21 Subd. 9. Continuing Care and
22.22 Community Support Management
22.23 General 19,219,000 19,145,000
22.24 State Government
22.25 Special Revenue 111,000 112,000
22.26 [REGION 10 QUALITY ASSURANCE
22.27 COMMISSION.] Of this appropriation,
22.28 $160,000 each year is for the
22.29 commissioner to allocate to the region
22.30 10 quality assurance commission for the
22.31 costs associated with the establishment
22.32 and operation of the quality assurance
22.33 pilot project, and for the commissioner
22.34 to provide grants to counties
22.35 participating in the alternative
22.36 quality assurance licensing system
22.37 under Minnesota Statutes, section
22.38 256B.0953. $10,000 each year is for
22.39 the commissioner to contract with an
22.40 independent entity to conduct a
22.41 financial review under Minnesota
22.42 Statutes, section 256B.0955, paragraph
22.43 (e); and $5,000 each year is for the
22.44 commissioner to establish and implement
22.45 an ongoing evaluation process under
22.46 Minnesota Statutes, section 256B.0955,
22.47 paragraph (d). This appropriation
22.48 shall not become part of base-level
22.49 funding for the biennium beginning July
22.50 1, 1999.
22.51 [JOINT PURCHASER DEMONSTRATION
22.52 PROJECT.] Of this appropriation,
22.53 $50,000 in fiscal year 1998 is for a
22.54 grant to the Goodhue and Wabasha public
22.55 health service board to be used for the
22.56 development and start-up operational
22.57 costs for a joint purchaser
22.58 demonstration project described in Laws
23.1 1995, chapter 207, article 6, section
23.2 119, in Goodhue and Wabasha counties.
23.3 This is a one-time appropriation and
23.4 shall not become part of the base for
23.5 the 2000-2001 biennial budget.
23.6 [PILOT PROJECT FOR ASSISTED LIVING
23.7 SERVICES FOR SENIOR CITIZENS IN PUBLIC
23.8 HOUSING.] Of this appropriation,
23.9 $75,000 in fiscal year 1998 is for a
23.10 pilot project to provide assisted
23.11 living services for unserved and
23.12 underserved frail elderly and disabled
23.13 persons with a focus on those who
23.14 experience language and cultural
23.15 barriers. The project shall offer
23.16 frail elderly persons an opportunity to
23.17 receive community-based support
23.18 services in a public housing setting to
23.19 enable them to remain in their homes.
23.20 The project shall also serve younger
23.21 disabled persons on waiver programs who
23.22 live in public housing and would
23.23 otherwise be in nursing homes. The
23.24 commissioner shall provide pilot
23.25 project funding to Hennepin county to
23.26 contract with the Korean service center
23.27 at the Cedars high-rises. The center
23.28 shall agree to do the following:
23.29 (1) facilitate or provide needed
23.30 community support services while taking
23.31 advantage of current local, state, and
23.32 federal programs that provide services
23.33 to senior citizens and handicapped
23.34 individuals;
23.35 (2) negotiate appropriate agreements
23.36 with the Minneapolis public housing
23.37 authority and Hennepin county;
23.38 (3) ensure that all participants are
23.39 screened for eligibility for services
23.40 by Hennepin county;
23.41 (4) become a licensed home care service
23.42 provider or subcontract with a licensed
23.43 provider to deliver needed services;
23.44 (5) contract for meals to be provided
23.45 through its congregate dining program;
23.46 and
23.47 (6) form other partnerships as needed
23.48 to ensure the development of a
23.49 successful, culturally sensitive
23.50 program for meeting the needs of
23.51 Korean, Southeast Asian, and other
23.52 frail elderly and disabled persons
23.53 living in public housing in southeast
23.54 Minneapolis.
23.55 [PILOT PROJECT ON WOMEN'S MENTAL HEALTH
23.56 CRISIS SERVICES.] (a) Of this
23.57 appropriation, $200,000 in fiscal year
23.58 1998 is to develop a one-year pilot
23.59 project community-based crisis center
23.60 for women who are experiencing a mental
23.61 health crisis as a result of childhood
23.62 physical or sexual abuse. The
23.63 commissioner shall provide pilot
24.1 project funding to Hennepin county to
24.2 contract with a four-bed adult foster
24.3 care facility to provide these services.
24.4 (b) The commissioner shall apply to the
24.5 federal government for all necessary
24.6 waivers of medical assistance
24.7 requirements for funding of mental
24.8 health clinics so that the services in
24.9 paragraph (a) may be reimbursed by
24.10 medical assistance, upon legislative
24.11 approval, effective July 1, 1998.
24.12 [SNOW DAYS.] Of this appropriation,
24.13 $85,000 in fiscal year 1998 shall be
24.14 disbursed to reimburse day training and
24.15 habilitation providers for days during
24.16 which the provider was closed as a
24.17 result of severe weather conditions in
24.18 December 1996 to March 1997. A day
24.19 training provider must request the aid
24.20 and provide relevant information to the
24.21 commissioner, including verfication of
24.22 the inability to make up days within
24.23 the provider's yearly budget program
24.24 calendar. If the appropriation is
24.25 insufficient to reimburse for all
24.26 closed days reported by providers, the
24.27 commissioner shall disburse the funds
24.28 to those providers demonstrating the
24.29 greatest need, measured by the amount
24.30 of a provider's losses in proportion to
24.31 the provider's overall budget. This
24.32 money shall be distributed no later
24.33 than September 15, 1997.
24.34 [DEVELOPMENTAL DISABILITIES PLANNING
24.35 GRANTS.] Of the appropriation for
24.36 developmental disabilities
24.37 demonstration projects, $125,000 in
24.38 fiscal year 1998 is for grants to
24.39 additional counties for planning
24.40 necessary to participate in the
24.41 projects.
24.42 Subd. 10. Economic Support Grants
24.43 General 223,031,000 208,140,000
24.44 [GIFTS.] Notwithstanding Minnesota
24.45 Statutes, chapter 7, the commissioner
24.46 may accept on behalf of the state
24.47 additional funding from sources other
24.48 than state funds for the purpose of
24.49 financing the cost of assistance
24.50 program grants or nongrant
24.51 administration. All additional funding
24.52 is appropriated to the commissioner for
24.53 use as designated by the grantee of
24.54 funding.
24.55 The amounts that may be spent from this
24.56 appropriation for each purpose are as
24.57 follows:
24.58 (a) Assistance to Families Grants
24.59 General 89,412,000 110,571,000
24.60 (b) Work Grants
25.1 General 13,966,000 13,892,000
25.2 [NEW CHANCE PROGRAM.] Of this
25.3 appropriation, $280,000 for the
25.4 biennium is for a grant to the new
25.5 chance program. The new chance program
25.6 shall provide comprehensive services
25.7 through a private, nonprofit agency to
25.8 young parents in Hennepin county who
25.9 have dropped out of school and are
25.10 receiving public assistance. The
25.11 program administrator shall report
25.12 annually to the commissioner on skills
25.13 development, education, job training,
25.14 and job placement outcomes for program
25.15 participants. This appropriation is
25.16 available for either year of the
25.17 biennium. Base level funding for the
25.18 biennium beginning July 1, 1999, for
25.19 this program shall be $140,000 per year.
25.20 (c) Minnesota Family
25.21 Investment Plan
25.22 General 23,704,000 -0-
25.23 [WELFARE REFORM CARRYOVER.] Unexpended
25.24 grant funds for the statewide
25.25 implementation of the Minnesota family
25.26 investment program-statewide and
25.27 employment and training programs and
25.28 for the work first and work focused
25.29 pilot programs appropriated in fiscal
25.30 year 1998 for the implementation of
25.31 welfare reform initiatives do not
25.32 cancel and are available to the
25.33 commissioner for these purposes in
25.34 fiscal year 1999.
25.35 (d) Aid to Families With
25.36 Dependent Children
25.37 General 7,695,000 -0-
25.38 [AFDC SUPPLEMENTARY GRANTS.] Of the
25.39 appropriation for AFDC, the
25.40 commissioner shall provide
25.41 supplementary grants not to exceed
25.42 $200,000 a year for AFDC until the AFDC
25.43 program no longer exists. The
25.44 commissioner shall include the
25.45 following costs in determining the
25.46 amount of the supplementary grants:
25.47 major home repairs, repair of major
25.48 home appliances, utility recaps,
25.49 supplementary dietary needs not covered
25.50 by medical assistance, and replacements
25.51 of furnishings and essential major
25.52 appliances.
25.53 [CASH BENEFITS IN ADVANCE.] The
25.54 commissioner, with the advance approval
25.55 of the commissioner of finance, is
25.56 authorized to issue cash assistance
25.57 benefits up to three days before the
25.58 first day of each month, including
25.59 three days before the start of each
25.60 state fiscal year. Of the money
25.61 appropriated for cash assistance grants
25.62 for each fiscal year, up to three
25.63 percent of the annual state
26.1 appropriation is available to the
26.2 commissioner in the previous fiscal
26.3 year. If that amount is insufficient
26.4 for the costs incurred, an additional
26.5 amount of the appropriation as needed
26.6 may be transferred with the advance
26.7 approval of the commissioner of
26.8 finance. This paragraph is effective
26.9 the day following final enactment.
26.10 (e) Child Support Enforcement
26.11 General 5,427,000 5,009,000
26.12 [CHILD SUPPORT PAYMENT CENTER.]
26.13 Payments to the commissioner from other
26.14 governmental units, private
26.15 enterprises, and individuals for
26.16 services performed by the child support
26.17 payment center must be deposited in the
26.18 state systems account authorized under
26.19 Minnesota Statutes, section 256.014.
26.20 These payments are appropriated to the
26.21 commissioner for the operation of the
26.22 child support payment center or system,
26.23 according to Minnesota Statutes,
26.24 section 256.014.
26.25 [CHILD SUPPORT PAYMENT CENTER
26.26 RECOUPMENT ACCOUNT.] The child support
26.27 payment center is authorized to
26.28 establish an account to cover checks
26.29 issued in error or in cases where
26.30 insufficient funds are available to pay
26.31 the checks. All recoupments against
26.32 payments from the account must be
26.33 deposited in the child support payment
26.34 center recoupment account and are
26.35 appropriated to the commissioner for
26.36 the purposes of the account. Any
26.37 unexpended balance in the account does
26.38 not cancel, but is available until
26.39 expended. For the period June 1, 1997,
26.40 through June 30, 1997, the commissioner
26.41 may transfer fiscal year 1997 general
26.42 fund administrative money to the child
26.43 support payment center recoupment
26.44 account to cover underfinanced and
26.45 unfunded checks during this period
26.46 only. This paragraph is effective the
26.47 day following final enactment.
26.48 [CHILD SUPPORT ENFORCEMENT CARRYOVER.]
26.49 Unexpended funds for child support
26.50 enforcement grants and county
26.51 performance incentives for fiscal year
26.52 1998 do not cancel but are available to
26.53 the commissioner for these purposes for
26.54 fiscal year 1999.
26.55 [CHILD SUPPORT ENFORCEMENT
26.56 APPROPRIATIONS.] Of this appropriation
26.57 for the biennium ending June 30, 1999,
26.58 the commissioner shall transfer:
26.59 $150,000 to the attorney general for
26.60 the continuation of the public
26.61 education campaign specified in
26.62 Minnesota Statutes, section 8.35; and
26.63 $68,000 to the attorney general for the
26.64 purposes specified in Minnesota
26.65 Statutes, section 518.575. Any balance
27.1 remaining in the first year does not
27.2 cancel, but is available in the second
27.3 year.
27.4 (f) General Assistance
27.5 General 55,650,000 49,404,000
27.6 [GA STANDARD.] The commissioner shall
27.7 set the monthly standard of assistance
27.8 for general assistance units consisting
27.9 of an adult recipient who is childless
27.10 and unmarried or living apart from his
27.11 or her parents or a legal guardian at
27.12 $203. The commissioner may reduce this
27.13 amount in accordance with Laws 1997,
27.14 chapter 85, article 3, section 54.
27.15 (g) Minnesota Supplemental Aid
27.16 General 25,572,000 27,659,000
27.17 (h) Refugee Services
27.18 General 1,605,000 1,605,000
27.19 Subd. 11. Economic Support
27.20 Management
27.21 General 38,787,000 37,264,000
27.22 The amounts that may be spent from this
27.23 appropriation for each purpose are as
27.24 follows:
27.25 (a) Economic Support Policy
27.26 Administration
27.27 General 10,145,000 8,508,000
27.28 [COMBINED MANUAL PRODUCTION COSTS.] The
27.29 commissioner may increase the fee
27.30 charged to, and may retain money
27.31 received from, individuals and private
27.32 entities in order to recover the
27.33 difference between the costs of
27.34 producing the department of human
27.35 services combined manual and the
27.36 subsidized price charged to individuals
27.37 and private entities on January 1,
27.38 1996. This provision does not apply to
27.39 government agencies and nonprofit
27.40 agencies serving the legal or social
27.41 service needs of clients.
27.42 [PLAN FOR TRIBAL OPERATION OF FAMILY
27.43 ASSISTANCE PROGRAM.] Of this
27.44 appropriation, $75,000 each year is for
27.45 the commissioner to apportion to the
27.46 tribes to assist in the development of
27.47 a plan for providing state funds in
27.48 support of a family assistance program
27.49 administered by Indian tribes that have
27.50 a reservation in Minnesota and that
27.51 have federal approval to operate a
27.52 tribal program. The commissioner and
27.53 the tribes shall collaborate in the
27.54 development of the plan. The plan
27.55 shall be reported to the legislature no
27.56 later than February 15, 1998.
28.1 [ELIGIBILITY DETERMINATIONS FUNDING.]
28.2 Increased federal funds for the costs
28.3 of eligibility determination and other
28.4 permitted activities that are available
28.5 to the state through section 114 of the
28.6 Personal Responsibility and Work
28.7 Opportunity Reconciliation Act, Public
28.8 Law Number 104-193, are appropriated to
28.9 the commissioner.
28.10 (b) Economic Support Policy
28.11 Operations
28.12 General 28,642,000 28,756,000
28.13 [ELECTRONIC BENEFIT TRANSFER (EBT)
28.14 COUNTY ALLOCATION.] Of the amount
28.15 appropriated for electronic benefit
28.16 transfer, an allocation shall be made
28.17 each year to counties for EBT-related
28.18 expenses. One hundred percent of the
28.19 appropriation shall be allocated to
28.20 counties based on each county's average
28.21 monthly number of food stamp households
28.22 as a proportion of statewide average
28.23 monthly food stamp households for the
28.24 fiscal year ending June 30, 1996.
28.25 [FRAUD PREVENTION AND CONTROL FUNDING.]
28.26 Unexpended funds appropriated for the
28.27 provision of program integrity
28.28 activities for fiscal year 1998 are
28.29 also available to the commissioner to
28.30 fund fraud prevention and control
28.31 initiatives, and do not cancel but are
28.32 available to the commissioner for these
28.33 purposes for fiscal year 1999.
28.34 Unexpended funds may be transferred
28.35 between the fraud prevention
28.36 investigation program and fraud control
28.37 programs to promote the provisions of
28.38 Minnesota Statutes, sections 256.983
28.39 and 256.9861.
28.40 [TRIBAL OPERATION OF ASSISTANCE
28.41 PROGRAMS; FEASIBILITY CONSIDERED.] The
28.42 commissioner of human services, in
28.43 consultation with the federally-
28.44 recognized Indian tribes, the
28.45 commissioner of children, families, and
28.46 learning and the commissioner of
28.47 economic security, shall explore and
28.48 report to the legislature, by February
28.49 15, 1998, on the feasibility of having
28.50 the federally-recognized Indian tribes
28.51 administer or operate state and
28.52 federally funded programs such as
28.53 MFIP-S, diversionary assistance, food
28.54 stamps, general assistance, emergency
28.55 assistance, child support enforcement,
28.56 and child care assistance. The
28.57 exploration shall consider the state
28.58 and federal funding needed for the
28.59 programs under consideration.
28.60 [COUNTY AID FOR SUPPLEMENTAL HOUSING
28.61 ASSISTANCE PROGRAM.] (a) $960,000 is
28.62 appropriated to the commissioner for
28.63 fiscal year 1998 to be allocated to
28.64 counties for the county aid for
28.65 supplemental assistance program
29.1 (CASHAP). CASHAP is a statewide
29.2 program to help meet the housing needs
29.3 of legal noncitizens residing in
29.4 Minnesota on August 22, 1996, who
29.5 qualified for and received a loan
29.6 secured by a mortgage on their
29.7 principal residence, based in part on
29.8 the expectation of continued receipt of
29.9 SSI benefits, and who are terminated
29.10 from SSI benefits under the Personal
29.11 Responsibility and Work Opportunity
29.12 Reconciliation Act of 1996, Public Law
29.13 Number 104-193.
29.14 (b) The appropriation in paragraph (a)
29.15 shall be allocated to county social
29.16 services agencies based on each
29.17 county's proportion of the total
29.18 statewide number of legal noncitizens
29.19 residing in Minnesota on August 22,
29.20 1996, who are terminated from SSI
29.21 benefits under Public Law Number
29.22 104-193. County agencies shall use
29.23 their allocation of CASHAP funds to
29.24 help meet the long-term housing needs
29.25 of the legal noncitizens described in
29.26 paragraph (a).
29.27 (c) If at any time federal SSI benefits
29.28 are restored for the legal noncitizens
29.29 described in paragraph (a), the
29.30 commissioner shall direct the county
29.31 agencies to redetermine the eligibility
29.32 of those legal noncitizens for SSI
29.33 benefits, and convert all legal
29.34 noncitizens eligible for SSI benefits
29.35 to the SSI program and utilize
29.36 available federal funds for those
29.37 eligible persons. Legal noncitizens
29.38 who are converted to federal benefit
29.39 status are not eligible for assistance
29.40 under CASHAP. Legal noncitizens who
29.41 apply for assistance under CASHAP
29.42 subsequent to the date that the federal
29.43 government restores SSI benefits to
29.44 legal noncitizens must first be
29.45 screened for federal benefit
29.46 eligibility.
29.47 (d) Funds appropriated for CASHAP but
29.48 not expended in fiscal year 1998 do not
29.49 cancel to the general fund, but are
29.50 transferred to the MFIP-S/TANF reserve
29.51 account created under Minnesota
29.52 Statutes, section 256J.03.
29.53 Subd. 12. Federal TANF Funds
29.54 [FEDERAL TANF FUNDS.] Federal Temporary
29.55 Assistance for Needy Families block
29.56 grant funds authorized under title I of
29.57 Public Law Number 104-193, the Personal
29.58 Responsibility and Work Opportunity
29.59 Reconciliation Act of 1996, are
29.60 appropriated to the commissioner in
29.61 amounts up to $276,741,000 in fiscal
29.62 year 1998 and $265,795,000 in fiscal
29.63 year 1999.
29.64 Sec. 3. COMMISSIONER OF HEALTH
30.1 Subdivision 1. Total
30.2 Appropriation 72,642,000 71,996,000
30.3 Summary by Fund
30.4 General 50,589,000 49,733,000
30.5 Metropolitan
30.6 Landfill Contingency
30.7 Action Fund 193,000 193,000
30.8 State Government
30.9 Special Revenue 21,860,000 22,070,000
30.10 Minnesota Resources 150,000 -0-
30.11 [LANDFILL CONTINGENCY.] The
30.12 appropriation from the metropolitan
30.13 landfill contingency action fund is for
30.14 monitoring well water supplies and
30.15 conducting health assessments in the
30.16 metropolitan area.
30.17 Subd. 2. Health Systems
30.18 and Special Populations 48,517,000 48,233,000
30.19 Summary by Fund
30.20 General 39,295,000 38,998,000
30.21 State Government
30.22 Special Revenue 9,222,000 9,235,000
30.23 [FEES; DRUG AND ALCOHOL COUNSELOR
30.24 LICENSE.] When setting fees for the
30.25 drug and alcohol counselor license, the
30.26 department is exempt from Minnesota
30.27 Statutes, section 16A.1285, subdivision
30.28 2.
30.29 [STATE VITAL STATISTICS REDESIGN
30.30 PROJECT ACCOUNT.] The amount
30.31 appropriated from the state government
30.32 special revenue fund for the vital
30.33 records redesign project shall be
30.34 available until expended for
30.35 development and implementation.
30.36 [WIC PROGRAM.] Of this appropriation,
30.37 $650,000 in 1998 is provided to
30.38 maintain services of the program,
30.39 $700,000 in 1998 and $700,000 in 1999
30.40 is added to the base level funding for
30.41 the WIC food program in order to
30.42 maintain the existing level of the
30.43 program, and $100,000 in 1998 is for
30.44 the commissioner to develop and
30.45 implement an outreach program to
30.46 apprise potential recipients of the WIC
30.47 food program of the importance of good
30.48 nutrition and the availability of the
30.49 program.
30.50 [WIC TRANSFERS.] General fund
30.51 appropriations for the women, infants,
30.52 and children (WIC) food supplement
30.53 program are available for either year
30.54 of the biennium. Transfers of
30.55 appropriations between fiscal years
30.56 must be for the purpose of maximizing
30.57 federal funds or minimizing
31.1 fluctuations in the number of
31.2 participants.
31.3 [LOCAL PUBLIC HEALTH FINANCING.] Of the
31.4 general fund appropriation, $5,000,000
31.5 each year shall be disbursed for local
31.6 public health financing and shall be
31.7 distributed according to the community
31.8 health service subsidy formula in
31.9 Minnesota Statutes, section 145A.13.
31.10 [MINNESOTA CHILDREN WITH SPECIAL HEALTH
31.11 NEEDS CARRYOVER.] General fund
31.12 appropriations for treatment services
31.13 in the services for children with
31.14 special health care needs program are
31.15 available for either year of the
31.16 biennium.
31.17 [HEALTH CARE ASSISTANCE FOR DISABLED
31.18 CHILDREN INELIGIBLE FOR SSI.]
31.19 Notwithstanding the requirements of
31.20 Minnesota Rules, part 4705.0100,
31.21 subpart 14, children who: (a) are
31.22 eligible for medical assistance as of
31.23 June 30, 1997, and become ineligible
31.24 for medical assistance due to changes
31.25 in supplemental security income
31.26 disability standards for children
31.27 enacted in (PRWORA) Public Law Number
31.28 104-193; and (b) are not eligible for
31.29 MinnesotaCare, are eligible for health
31.30 care services through Minnesota
31.31 services for children with special
31.32 health care needs under Minnesota
31.33 Rules, parts 4705.0100 to 4705.1600 for
31.34 the fiscal year ending June 30, 1998,
31.35 until eligibility for medical
31.36 assistance is reestablished. The
31.37 commissioner of health shall report to
31.38 the legislature by March 1, 1998, on
31.39 the number of children eligible under
31.40 this provision, their health care
31.41 needs, family income as a percentage of
31.42 the federal poverty level, the extent
31.43 to which families have employer-based
31.44 health coverage, and recommendations on
31.45 how to meet the future needs of
31.46 children eligible under this provision.
31.47 [AMERICAN INDIAN DIABETES.] Of this
31.48 appropriation, $90,000 each year shall
31.49 be disbursed for a comprehensive
31.50 school-based intervention program
31.51 designed to reduce the risk factors
31.52 associated with diabetes among American
31.53 Indian school children in grades 1
31.54 through 4. The appropriation for 1998
31.55 may be carried forward to 1999. The
31.56 appropriation for fiscal year 1999 is
31.57 available only if matched by $1 of
31.58 nonstate money for each $1 of the
31.59 appropriation and may be expended in
31.60 either year of the biennium. The
31.61 commissioner shall convene an American
31.62 Indian diabetes prevention advisory
31.63 task force. The task force must
31.64 include representatives from the
31.65 American Indian tribes located in the
31.66 state and urban American Indian
31.67 representatives. The task force shall
32.1 advise the commissioner on the
32.2 adaptation of curricula and the
32.3 dissemination of information designed
32.4 to reduce the risk factors associated
32.5 with diabetes among American Indian
32.6 school children in grades 1 through 4.
32.7 The curricula and information must be
32.8 sensitive to traditional American
32.9 Indian values and culture and must
32.10 encourage full participation by the
32.11 American Indian community.
32.12 [HOME VISITING PROGRAMS.] (a) Of this
32.13 appropriation, $140,000 in 1998 and
32.14 $870,000 in 1999 is for the home
32.15 visiting programs for infant care under
32.16 Minnesota Statutes, section 145A.16.
32.17 These amounts are available until June
32.18 30, 1999.
32.19 (b) Of this appropriation, $225,000 in
32.20 1998 and $180,000 in 1999 is to
32.21 continue funding the home visiting
32.22 programs that received one-year funding
32.23 under Laws 1995, chapter 480, article
32.24 1, section 9. This amount is available
32.25 until expended.
32.26 [FETAL ALCOHOL SYNDROME.] Of the
32.27 general fund appropriation, $625,000
32.28 each year of the biennium shall be
32.29 disbursed to prevent and reduce harm
32.30 from fetal alcohol syndrome and fetal
32.31 alcohol effect.
32.32 [COMPLAINT INVESTIGATIONS.] Of the
32.33 appropriation, $127,000 each year from
32.34 the state government special revenue
32.35 fund, and $75,000 each year from the
32.36 general fund, is for the commissioner
32.37 to conduct complaint investigations of
32.38 nursing facilities, hospitals and home
32.39 health care providers.
32.40 [COMPLEMENTARY MEDICINE STUDY.] (a) Of
32.41 the general fund appropriation, $20,000
32.42 in fiscal year 1998 shall be disbursed
32.43 for the commissioner of health, in
32.44 consultation with the commissioner of
32.45 commerce, to conduct a study based on
32.46 existing literature, information, and
32.47 data on the scope of complementary
32.48 medicine offered in this state. The
32.49 commissioner shall:
32.50 (1) include the types of complementary
32.51 medicine therapies available in this
32.52 state;
32.53 (2) contact national and state
32.54 complementary medicine associations for
32.55 literature, information, and data;
32.56 (3) conduct a general literary review
32.57 for information and data on
32.58 complementary medicine;
32.59 (4) contact the departments of commerce
32.60 and human services for information on
32.61 existing registrations, licenses,
32.62 certificates, credentials, policies,
33.1 and regulations; and
33.2 (5) determine by sample, if
33.3 complementary medicine is currently
33.4 covered by health plan companies and
33.5 the extent of the coverage.
33.6 In conducting this review, the
33.7 commissioner shall consult with the
33.8 office of alternative medicine through
33.9 the National Institute of Health.
33.10 (b) The commissioner shall, in
33.11 consultation with the advisory
33.12 committee, report the study findings to
33.13 the legislature by January 15, 1998.
33.14 As part of the report, the commissioner
33.15 shall make recommendations on whether
33.16 the state should credential or regulate
33.17 any of the complementary medicine
33.18 providers.
33.19 (c) The commissioner shall appoint an
33.20 advisory committee to provide expertise
33.21 and advice on the study. The committee
33.22 must include representation from the
33.23 following groups: health care
33.24 providers, including providers of
33.25 complementary medicine; health plan
33.26 companies; and consumers. The advisory
33.27 committee is governed by Minnesota
33.28 Statutes, section 15.059, for
33.29 membership terms and removal of members.
33.30 (d) For purposes of this study, the
33.31 term "complementary medicine" includes,
33.32 but is not limited to, acupuncture,
33.33 homeopathy, manual healing,
33.34 macrobiotics, naturopathy, biofeedback,
33.35 mind/body control therapies,
33.36 traditional and ethnomedicine
33.37 therapies, structural manipulations and
33.38 energetic therapies, bioelectromagnetic
33.39 therapies, and herbal medicine.
33.40 [DOWN'S SYNDROME.] Of the general fund
33.41 appropriation, $15,000 in fiscal year
33.42 1998 shall be disbursed for a grant to
33.43 a nonprofit organization that provides
33.44 support to individuals with Down's
33.45 Syndrome and their families, for the
33.46 purpose of providing all obstetricians,
33.47 certified nurse-midwives, and family
33.48 physicians licensed to practice in this
33.49 state with informational packets on
33.50 Down's Syndrome. The packets must
33.51 include, at a minimum, a fact sheet on
33.52 Down's Syndrome, a list of counseling
33.53 and support groups for families with
33.54 children with Down's Syndrome, and a
33.55 list of special needs adoption
33.56 resources. The informational packets
33.57 must be made available to any pregnant
33.58 patient who has tested positive for
33.59 Down's Syndrome, either through a
33.60 screening test or amniocentesis.
33.61 [NEWBORN SCREENING FOR HEARING LOSS
33.62 PROGRAM IMPLEMENTATION PLAN.] (a) Of
33.63 the general fund appropriation, $18,000
33.64 in fiscal year 1998 shall be disbursed
34.1 to pay the costs of coordinating with
34.2 hospitals, the medical community,
34.3 audiologists, insurance companies,
34.4 parents, and deaf and hard-of-hearing
34.5 citizens to establish and implement a
34.6 voluntary plan for hospitals and other
34.7 health care facilities to screen all
34.8 infants for hearing loss.
34.9 (b) The plan to achieve universal
34.10 screening of infants for hearing loss
34.11 on a voluntary basis shall be
34.12 formulated by a department work group,
34.13 including the following representatives:
34.14 (1) a representative of the health
34.15 insurance industry designated by the
34.16 health insurance industry;
34.17 (2) a representative of the Minnesota
34.18 Hospital and Healthcare Partnership;
34.19 (3) a total of two representatives from
34.20 the following physician groups
34.21 designated by the Minnesota Medical
34.22 Association: pediatrics, family
34.23 practice, and ENT;
34.24 (4) two audiologists designated by the
34.25 Minnesota Speech-Language-Hearing
34.26 Association and the Minnesota Academy
34.27 of Audiology;
34.28 (5) a representative of hospital
34.29 neonatal nurseries;
34.30 (6) a representative of part H (IDEA)
34.31 early childhood special education;
34.32 (7) the commissioner of health or a
34.33 designee;
34.34 (8) a representative of the department
34.35 of human services;
34.36 (9) a public health nurse;
34.37 (10) a parent of a deaf or
34.38 hard-of-hearing child;
34.39 (11) a deaf or hard-of-hearing person;
34.40 and
34.41 (12) a representative of the Minnesota
34.42 commission serving deaf and
34.43 hard-of-hearing people.
34.44 Members of the work group shall not
34.45 collect a per diem or compensation as
34.46 provided in Minnesota Statutes, section
34.47 15.0575.
34.48 (c) The plan shall include measurable
34.49 goals and timetables for the
34.50 achievement of universal screening of
34.51 infants for hearing loss throughout the
34.52 state and shall include the design and
34.53 implementation of needed training to
34.54 assist hospitals and other health care
34.55 facilities screen infants for hearing
34.56 loss according to recognized standards
35.1 of care.
35.2 (d) The work group shall report to the
35.3 legislature by January 15, 1998,
35.4 concerning progress toward the
35.5 achievement of universal screening of
35.6 infants in Minnesota for the purpose of
35.7 assisting the legislature to determine
35.8 whether this goal can be accomplished
35.9 on a voluntary basis.
35.10 [INFANT HEARING SCREENING PROGRAM.] Of
35.11 the general fund appropriation, $25,000
35.12 in fiscal year 1998 shall be disbursed
35.13 for a grant to a hospital in Staples,
35.14 Minnesota, for the infant hearing
35.15 screening program.
35.16 [NURSING HOMES DAMAGED BY FLOODS.] The
35.17 commissioner shall conduct an expedited
35.18 process under Minnesota Statutes,
35.19 section 144A.073, solely to review
35.20 nursing home moratorium exceptions
35.21 necessary to repair or replace nursing
35.22 facilities damaged by spring flooding
35.23 in 1997. The commissioner may not
35.24 issue a request for proposals for
35.25 moratorium projects not related to
35.26 spring flooding until this expedited
35.27 process is completed. For facilities
35.28 that require total replacement and the
35.29 relocation of residents to other
35.30 facilities during construction, the
35.31 operating cost payment rates for the
35.32 new facility shall be determined using
35.33 the interim and settle-up payment
35.34 provisions of Minnesota Rules, part
35.35 9549.0057, and the reimbursement
35.36 provisions of Minnesota Statutes,
35.37 section 256B.431, except that
35.38 subdivision 25, paragraphs (b), clause
35.39 (3), and (d), shall not apply until the
35.40 second rate year after the settle-up
35.41 cost report is filed. Property-related
35.42 reimbursement rates shall be determined
35.43 under Minnesota Rules, chapter 9549,
35.44 taking into account any federal or
35.45 state flood-related loans or grants
35.46 provided to a facility. The medical
35.47 assistance costs of this paragraph
35.48 shall be paid from the amount made
35.49 available in section 2 of this article
35.50 for moratorium exceptions. This
35.51 paragraph is effective the day
35.52 following final enactment and is not
35.53 subject to section 13 of this article.
35.54 Subd. 3. Health Protection 20,875,000 20,588,000
35.55 Summary by Fund
35.56 General 8,202,000 7,718,000
35.57 Metro Landfill
35.58 Contingency 193,000 193,000
35.59 State Government
35.60 Special Revenue 12,480,000 12,677,000
35.61 [HIV/AIDS PREVENTION.] (a) Of the
35.62 general fund appropriation, $500,000 in
36.1 fiscal year 1998 shall be disbursed to
36.2 provide funding for HIV/AIDS prevention
36.3 grants under Minnesota Statutes,
36.4 section 145.924.
36.5 (b) Of the general fund appropriation,
36.6 $100,000 each year shall be disbursed
36.7 for activities related to prevention of
36.8 perinatal transmission of HIV, a
36.9 statewide education campaign for
36.10 pregnant women and their health care
36.11 providers, and demonstration grants to
36.12 providers to develop procedures for
36.13 incorporating HIV awareness and
36.14 education into perinatal care.
36.15 (c) The appropriations in paragraphs
36.16 (a) and (b) shall not become part of
36.17 base-level funding for the biennium
36.18 beginning July 1, 1999.
36.19 [PLAN AND EVALUATION REQUIRED.] Of this
36.20 appropriation, $100,000 for the
36.21 biennium is for the commissioner to
36.22 plan for and evaluate the effects of
36.23 Minnesota Statutes, sections 151.40,
36.24 subdivision 18, paragraph (b),
36.25 325F.785, and 145.924. The
36.26 commissioner shall submit an interim
36.27 report to the legislature by January
36.28 15, 1998, including a plan for
36.29 implementing the syringe access
36.30 initiative to prevent HIV as authorized
36.31 in Minnesota Statutes, sections 151.40,
36.32 325F.785, and 145.924. The plan shall
36.33 include, but not be limited to,
36.34 strategies for coordinating the efforts
36.35 of the commissioner, community health
36.36 organizations, community-based HIV
36.37 service organizations, pharmacists, and
36.38 sellers as defined in Minnesota
36.39 Statutes, section 325F.785, and others
36.40 to provide information about the
36.41 prevention initiative, to maximize
36.42 opportunities to make referrals to
36.43 health services, to collect used
36.44 syringes, and to evaluate the
36.45 initiative's impact. A final report,
36.46 including evaluation, is due by January
36.47 15, 2002. The commissioner may seek
36.48 funding from federal, local, and
36.49 private sources for this purpose. The
36.50 reports shall be presented to the house
36.51 judiciary and health and human services
36.52 committees and to the senate crime
36.53 prevention and health and family
36.54 security committees.
36.55 Subd. 4. Management and
36.56 Support Services 3,250,000 3,175,000
36.57 Summary by Fund
36.58 General 3,092,000 3,017,000
36.59 State Government
36.60 Special Revenue 158,000 158,000
36.61 [HEALTH DEPARTMENT COMPUTER PROJECTS.]
36.62 Money appropriated for computer
36.63 projects approved by the information
37.1 policy office, funded by the
37.2 legislature, and approved by the
37.3 commissioner of finance does not cancel
37.4 but is available for development and
37.5 implementation.
37.6 [HOSPITAL CONVERSION.] Of the
37.7 appropriation from the general fund,
37.8 for the fiscal year ending June 30,
37.9 1998, the commissioner of health shall
37.10 provide $75,000 to a 28-bed hospital
37.11 located in Chisago county that is in
37.12 the process of closing and converting
37.13 to an outpatient and emergency services
37.14 facility, for the facility's EMS and
37.15 advanced life support services.
37.16 Sec. 4. VETERANS NURSING
37.17 HOMES BOARD 21,489,000 22,272,000
37.18 [SPECIAL REVENUE ACCOUNT.] The general
37.19 fund appropriations made to the
37.20 veterans homes board shall be
37.21 transferred to a veterans homes special
37.22 revenue account in the special revenue
37.23 fund in the same manner as other
37.24 receipts are deposited according to
37.25 Minnesota Statutes, section 198.34, and
37.26 are appropriated to the veterans homes
37.27 board of directors for the operation of
37.28 board facilities and programs.
37.29 [SETTING THE COST OF CARE.] The
37.30 veterans homes board may set the cost
37.31 of care at the Fergus Falls facility
37.32 for fiscal year 1998 based on the cost
37.33 of average skilled nursing care
37.34 provided to residents of the
37.35 Minneapolis veterans home for fiscal
37.36 year 1998. The board may set the cost
37.37 of care at the Fergus Falls facilities
37.38 for fiscal year 1999 based on the cost
37.39 of average skilled nursing care for
37.40 residents of the Minneapolis veterans
37.41 home for fiscal year 1999.
37.42 [LICENSED CAPACITY.] The department of
37.43 health shall not reduce the licensed
37.44 bed capacity for the Minneapolis
37.45 veterans home pending completion of the
37.46 project authorized by Laws 1990,
37.47 chapter 610, article 1, section 9,
37.48 subdivision 3.
37.49 [ALLOWANCE FOR FOOD.] The allowance for
37.50 food may be adjusted annually to
37.51 reflect changes in the producer price
37.52 index, as prepared by the United States
37.53 Bureau of Labor Statistics, with the
37.54 approval of the commissioner of
37.55 finance. Adjustments for fiscal year
37.56 1998 and fiscal year 1999 must be based
37.57 on the June 1996 and June 1997 producer
37.58 price index respectively, but the
37.59 adjustment must be prorated if it would
37.60 require money in excess of the
37.61 appropriation.
37.62 Sec. 5. HEALTH-RELATED BOARDS
37.63 Subdivision 1. Total
38.1 Appropriation 9,598,000 9,618,000
38.2 [STATE GOVERNMENT SPECIAL REVENUE
38.3 FUND.] The appropriations in this
38.4 section are from the state government
38.5 special revenue fund.
38.6 [NO SPENDING IN EXCESS OF REVENUES.]
38.7 The commissioner of finance shall not
38.8 permit the allotment, encumbrance, or
38.9 expenditure of money appropriated in
38.10 this section in excess of the
38.11 anticipated biennial revenues or
38.12 accumulated surplus revenues from fees
38.13 collected by the boards. Neither this
38.14 provision nor Minnesota Statutes,
38.15 section 214.06, applies to transfers
38.16 from the general contingent account.
38.17 Subd. 2. Board of Chiropractic
38.18 Examiners 332,000 340,000
38.19 Subd. 3. Board of Dentistry 742,000 760,000
38.20 Subd. 4. Board of Dietetic
38.21 and Nutrition Practice 90,000 90,000
38.22 Subd. 5. Board of Marriage and
38.23 Family Therapy 103,000 104,000
38.24 Subd. 6. Board of Medical
38.25 Practice 3,672,000 3,711,000
38.26 [HEALTH PROFESSIONAL SERVICES
38.27 ACTIVITY.] Of these appropriations,
38.28 $291,000 the first year and $296,000
38.29 the second year are for the Health
38.30 Professional Services Activity.
38.31 Subd. 7. Board of Nursing 2,067,000 2,106,000
38.32 [DISCIPLINE AND LICENSING SYSTEMS
38.33 PROJECT.] Of this appropriation,
38.34 $235,000 the first year and $235,000
38.35 the second year is to complete the
38.36 implementation of the discipline and
38.37 licensing systems project.
38.38 Subd. 8. Board of Nursing
38.39 Home Administrators 177,000 181,000
38.40 Subd. 9. Board of Optometry 82,000 85,000
38.41 Subd. 10. Board of Pharmacy 1,020,000 1,040,000
38.42 [ADMINISTRATIVE SERVICES UNIT.] Of this
38.43 appropriation, $216,000 the first year
38.44 and $222,000 the second year are for
38.45 the health boards administrative
38.46 services unit. The administrative
38.47 services unit may receive and expend
38.48 reimbursements for services performed
38.49 for other agencies.
38.50 Subd. 11. Board of Podiatry 33,000 33,000
38.51 Subd. 12. Board of Psychology 424,000 436,000
38.52 Subd. 13. Board of Social Work 715,000 588,000
38.53 Subd. 14. Board of Veterinary
39.1 Medicine 141,000 144,000
39.2 Sec. 6. EMERGENCY MEDICAL
39.3 SERVICES BOARD 2,494,000 2,262,000
39.4 Summary by Fund
39.5 General 842,000 584,000
39.6 Trunk Highway 1,652,000 1,678,000
39.7 [COMPREHENSIVE ADVANCED LIFE SUPPORT
39.8 (CALS).] Of this appropriation,
39.9 $200,000 in fiscal year 1998 shall be
39.10 disbursed to implement the
39.11 comprehensive advanced life support
39.12 (CALS) program or similar program and
39.13 $6,000 is for administrative costs of
39.14 implementing the CALS program.
39.15 [EMS BOARD DATA COLLECTION.] Of this
39.16 appropriation, $52,000 for the biennium
39.17 ending June 30, 1999, is from the
39.18 general fund to the emergency medical
39.19 services regulatory to be used as
39.20 start-up costs for the financial data
39.21 collection system.
39.22 Sec. 7. COUNCIL ON DISABILITY 616,000 631,000
39.23 Sec. 8. OMBUDSMAN FOR MENTAL
39.24 HEALTH AND MENTAL RETARDATION 1,399,000 1,298,000
39.25 [CARRYOVER.] $25,000 of the
39.26 appropriation from Laws 1995, chapter
39.27 207, article 1, section 7, does not
39.28 cancel but is available until June 30,
39.29 1999.
39.30 Sec. 9. OMBUDSMAN
39.31 FOR FAMILIES 157,000 161,000
39.32 Sec. 10. TRANSFERS
39.33 Subdivision 1. Grant Programs
39.34 The commissioner of human services,
39.35 with the approval of the commissioner
39.36 of finance, and after notification of
39.37 the chair of the senate health and
39.38 family security budget division and the
39.39 chair of the house health and human
39.40 services finance division, may transfer
39.41 unencumbered appropriation balances for
39.42 the biennium ending June 30, 1999,
39.43 within fiscal years among the aid to
39.44 families with dependent children,
39.45 Minnesota family investment
39.46 program-statewide, Minnesota family
39.47 investment plan, general assistance,
39.48 general assistance medical care,
39.49 medical assistance, Minnesota
39.50 supplemental aid, and group residential
39.51 housing programs, and the entitlement
39.52 portion of the chemical dependency
39.53 consolidated treatment fund, and
39.54 between fiscal years of the biennium.
39.55 Subd. 2. Approval Required
39.56 Positions, salary money, and nonsalary
40.1 administrative money may be transferred
40.2 within the departments of human
40.3 services and health and within the
40.4 programs operated by the veterans
40.5 nursing homes board as the
40.6 commissioners and the board consider
40.7 necessary, with the advance approval of
40.8 the commissioner of finance. The
40.9 commissioner of finance shall inform
40.10 the chairs of the house health and
40.11 human services finance division and the
40.12 senate health and family security
40.13 budget division quarterly about
40.14 transfers made under this provision.
40.15 Subd. 3. Transfer
40.16 Funding appropriated by the legislature
40.17 may not be transferred to a different
40.18 department than specified by the
40.19 legislature without legislative
40.20 authority.
40.21 Sec. 11. PROVISIONS
40.22 (a) Money appropriated to the
40.23 commissioner of human services for the
40.24 purchase of provisions within the item
40.25 "current expense" must be used solely
40.26 for that purpose. Money provided and
40.27 not used for the purchase of provisions
40.28 must be canceled into the fund from
40.29 which appropriated, except that money
40.30 provided and not used for the purchase
40.31 of provisions because of population
40.32 decreases may be transferred and used
40.33 for the purchase of drugs and medical
40.34 and hospital supplies and equipment
40.35 with written approval of the governor
40.36 after consultation with the legislative
40.37 advisory commission.
40.38 (b) For fiscal year 1998, the allowance
40.39 for food may be adjusted to the
40.40 equivalent of the 75th percentile of
40.41 the comparable raw food costs for
40.42 community nursing homes as reported to
40.43 the commissioner of human services.
40.44 For fiscal year 1999 an adjustment may
40.45 be made to reflect the annual change in
40.46 the United States Bureau of Labor
40.47 Statistics producer price index as of
40.48 June 1998 with the approval of the
40.49 commissioner of finance. The
40.50 adjustments for either year must be
40.51 prorated if they would require money in
40.52 excess of this appropriation.
40.53 Sec. 12. CARRYOVER LIMITATION
40.54 None of the appropriations in this act
40.55 which are allowed to be carried forward
40.56 from fiscal year 1998 to fiscal year
40.57 1999 shall become part of the base
40.58 level funding for the 2000-2001
40.59 biennial budget, unless specifically
40.60 directed by the legislature.
40.61 Sec. 13. SUNSET OF UNCODIFIED LANGUAGE
40.62 All uncodified language contained in
41.1 this article expires on June 30, 1999,
41.2 unless a different expiration date is
41.3 explicit.
41.4 Sec. 14. COMMISSIONER OF
41.5 ADMINISTRATION 1,270,000 -0-
41.6 [VETERANS HOMES IMPROVEMENTS.] Of this
41.7 appropriation, $1,270,000 for the
41.8 biennium is for the commissioner to
41.9 accomplish the repair and replacement
41.10 of sanitary sewers, fire protection
41.11 water mains, roof drains, and deep
41.12 sandstone tunnels at the Minneapolis
41.13 veterans home, Minneapolis campus.
41.14 ARTICLE 2
41.15 HEALTH DEPARTMENT
41.16 Section 1. [62J.49] [AMBULANCE SERVICES FINANCIAL DATA.]
41.17 Subdivision 1. [ESTABLISHMENT.] The emergency medical
41.18 services regulatory board established under chapter 144 shall
41.19 establish a financial data collection system for all ambulance
41.20 services licensed in this state. To establish the financial
41.21 database, the emergency medical services regulatory board may
41.22 contract with an entity that has experience in ambulance service
41.23 financial data collection.
41.24 Subd. 2. [DATA CLASSIFICATION.] All financial data
41.25 collected by the emergency medical services regulatory board
41.26 shall be classified as nonpublic data under section 13.02,
41.27 subdivision 9.
41.28 Sec. 2. Minnesota Statutes 1996, section 62J.69,
41.29 subdivision 2, is amended to read:
41.30 Subd. 2. [ALLOCATION AND FUNDING FOR MEDICAL EDUCATION AND
41.31 RESEARCH.] (a) The commissioner may establish a trust fund for
41.32 the purposes of funding medical education and research
41.33 activities in the state of Minnesota.
41.34 (b) By January 1, 1997, the commissioner may appoint an
41.35 advisory committee to provide advice and oversight on the
41.36 distribution of funds from the medical education and research
41.37 trust fund. If a committee is appointed, the commissioner
41.38 shall: (1) consider the interest of all stakeholders when
41.39 selecting committee members; (2) select members that represent
41.40 both urban and rural interest; and (3) select members that
41.41 include ambulatory care as well as inpatient perspectives. The
42.1 commissioner shall appoint to the advisory committee
42.2 representatives of the following groups: medical researchers,
42.3 public and private academic medical centers, managed care
42.4 organizations, Blue Cross and Blue Shield of Minnesota,
42.5 commercial carriers, Minnesota Medical Association, Minnesota
42.6 Nurses Association, medical product manufacturers, employers,
42.7 and other relevant stakeholders, including consumers. The
42.8 advisory committee is governed by section 15.059, for membership
42.9 terms and removal of members and will sunset on June 30, 1999.
42.10 (c) Eligible applicants for funds are accredited medical
42.11 education teaching institutions, consortia, and
42.12 programs operating in Minnesota. Applications must be submitted
42.13 by the sponsoring institution on behalf of the teaching program,
42.14 and must be received by September 30 of each year for
42.15 distribution by in January 1 of the following year. An
42.16 application for funds must include the following:
42.17 (1) the official name and address of the sponsoring
42.18 institution, facility, and the official name and address of the
42.19 facility or program that is applying for funding program on
42.20 whose behalf the institution is applying for funding;
42.21 (2) the name, title, and business address of those persons
42.22 responsible for administering the funds;
42.23 (3) the total number, type, and specialty orientation of
42.24 eligible Minnesota-based trainees in each accredited medical
42.25 education program applying for which funds are being sought;
42.26 (4) audited clinical training costs per trainee for each
42.27 medical education program;
42.28 (5) a description of current sources of funding for medical
42.29 education costs including a description and dollar amount of all
42.30 state and federal financial support;
42.31 (6) other revenue received for the purposes of clinical
42.32 training;
42.33 (7) a statement identifying unfunded costs; and
42.34 (8) other supporting information the commissioner, with
42.35 advice from the advisory committee, determines is necessary for
42.36 the equitable distribution of funds.
43.1 (d) The commissioner shall distribute medical education
43.2 funds to all qualifying applicants based on the following basic
43.3 criteria: (1) total medical education funds available; (2)
43.4 total eligible trainees in each eligible education program; and
43.5 (3) the statewide average cost per trainee, by type of trainee,
43.6 in each medical education program. Funds distributed shall not
43.7 be used to displace current funding appropriations from federal
43.8 or state sources. Funds shall be distributed to the sponsoring
43.9 institutions indicating the amount to be paid to each of the
43.10 sponsor's medical education programs based on the criteria in
43.11 this paragraph. Sponsoring institutions which receive funds
43.12 from the trust fund must distribute approved funds to the
43.13 medical education program according to the commissioner's
43.14 approval letter. Further, programs must distribute funds among
43.15 the sites of training based on the percentage of total program
43.16 training performed at each site.
43.17 (e) Medical education programs receiving funds from the
43.18 trust fund must submit annual cost and program reports through
43.19 the sponsoring institution based on criteria established by the
43.20 commissioner. The reports must include:
43.21 (1) the total number of eligible trainees in the program;
43.22 (2) the type of programs and residencies funded, the
43.23 amounts of trust fund payments to each program, and within each
43.24 program, the percentage distributed to each training site;
43.25 (3) the average cost per trainee and a detailed breakdown
43.26 of the components of those costs;
43.27 (4) other state or federal appropriations received for the
43.28 purposes of clinical training;
43.29 (5) other revenue received for the purposes of clinical
43.30 training; and
43.31 (6) other information the commissioner, with advice from
43.32 the advisory committee, deems appropriate to evaluate the
43.33 effectiveness of the use of funds for clinical training.
43.34 The commissioner, with advice from the advisory committee,
43.35 will provide an annual summary report to the legislature on
43.36 program implementation due February 15 of each year.
44.1 (f) The commissioner is authorized to distribute funds made
44.2 available through:
44.3 (1) voluntary contributions by employers or other entities;
44.4 (2) allocations for the department of human services to
44.5 support medical education and research; and
44.6 (3) other sources as identified and deemed appropriate by
44.7 the legislature for inclusion in the trust fund.
44.8 (g) The advisory committee shall continue to study and make
44.9 recommendations on:
44.10 (1) the funding of medical research consistent with work
44.11 currently mandated by the legislature and under way at the
44.12 department of health; and
44.13 (2) the costs and benefits associated with medical
44.14 education and research.
44.15 Sec. 3. Minnesota Statutes 1996, section 62J.69, is
44.16 amended by adding a subdivision to read:
44.17 Subd. 3. [MEDICAL ASSISTANCE AND GENERAL ASSISTANCE
44.18 SERVICE.] The commissioner of health, in consultation with the
44.19 medical education and research costs advisory committee, shall
44.20 develop a system to recognize those teaching programs which
44.21 serve higher numbers or high proportions of public program
44.22 recipients and shall report to the legislative commission on
44.23 health care access by January 15, 1998, on an allocation formula
44.24 to implement this system.
44.25 Sec. 4. Minnesota Statutes 1996, section 103I.101,
44.26 subdivision 6, is amended to read:
44.27 Subd. 6. [FEES FOR VARIANCES.] The commissioner shall
44.28 charge a nonrefundable application fee of $100 $120 to cover the
44.29 administrative cost of processing a request for a variance or
44.30 modification of rules adopted by the commissioner under this
44.31 chapter.
44.32 Sec. 5. Minnesota Statutes 1996, section 103I.208, is
44.33 amended to read:
44.34 103I.208 [WELL NOTIFICATION FILING FEES AND PERMIT FEES.]
44.35 Subdivision 1. [WELL NOTIFICATION FEE.] The well
44.36 notification fee to be paid by a property owner is:
45.1 (1) for a new well, $100 $120, which includes the state
45.2 core function fee; and
45.3 (2) for a well sealing, $20, which includes the state core
45.4 function fee; and
45.5 (3) for construction of a dewatering well, $100 $120, which
45.6 includes the state core function fee, for each well except a
45.7 dewatering project comprising five or more wells shall be
45.8 assessed a single fee of $500 $600 for the wells recorded on the
45.9 notification.
45.10 Subd. 1a. [STATE CORE FUNCTION FEE.] The state core
45.11 function fee to be collected by the state and delegated boards
45.12 of health and used to support state core functions is:
45.13 (1) for a new well, $20; and
45.14 (2) for a well sealing, $5.
45.15 Subd. 2. [PERMIT FEE.] The permit fee to be paid by a
45.16 property owner is:
45.17 (1) for a well that is not in use under a maintenance
45.18 permit, $100 annually;
45.19 (2) for construction of a monitoring well, $100 $120, which
45.20 includes the state core function fee;
45.21 (3) for a monitoring well that is unsealed under a
45.22 maintenance permit, $100 annually;
45.23 (4) for monitoring wells used as a leak detection device at
45.24 a single motor fuel retail outlet or petroleum bulk storage site
45.25 excluding tank farms, the construction permit fee is $100 $120,
45.26 which includes the state core function fee, per site regardless
45.27 of the number of wells constructed on the site, and the annual
45.28 fee for a maintenance permit for unsealed monitoring wells is
45.29 $100 per site regardless of the number of monitoring wells
45.30 located on site;
45.31 (5) for a groundwater thermal exchange device, in addition
45.32 to the notification fee for wells, $100 $120, which includes the
45.33 state core function fee;
45.34 (6) for a vertical heat exchanger, $100 $120; and
45.35 (7) for a dewatering well that is unsealed under a
45.36 maintenance permit, $100 annually for each well, except a
46.1 dewatering project comprising more than five wells shall be
46.2 issued a single permit for $500 annually for wells recorded on
46.3 the permit; and
46.4 (8) for excavating holes for the purpose of installing
46.5 elevator shafts, $120 for each hole.
46.6 Sec. 6. Minnesota Statutes 1996, section 103I.401,
46.7 subdivision 1, is amended to read:
46.8 Subdivision 1. [PERMIT REQUIRED.] (a) A person may not
46.9 construct an elevator shaft until a permit for the hole or
46.10 excavation is issued by the commissioner.
46.11 (b) The fee for excavating holes for the purpose of
46.12 installing elevator shafts is $100 for each hole.
46.13 (c) The elevator shaft permit preempts local permits except
46.14 local building permits, and counties and home rule charter or
46.15 statutory cities may not require a permit for elevator shaft
46.16 holes or excavations.
46.17 Sec. 7. Minnesota Statutes 1996, section 144.121,
46.18 subdivision 1, is amended to read:
46.19 Subdivision 1. [REGISTRATION; FEES.] The fee for the
46.20 registration for X-ray machines and radium other sources of
46.21 ionizing radiation required to be registered under rules adopted
46.22 by the state commissioner of health pursuant to section 144.12,
46.23 shall be in an amount prescribed by the commissioner as
46.24 described in subdivision 1a pursuant to section 144.122. The
46.25 first fee for registration shall be due on January 1, 1975. The
46.26 registration shall expire and be renewed as prescribed by the
46.27 commissioner pursuant to section 144.122.
46.28 Sec. 8. Minnesota Statutes 1996, section 144.121, is
46.29 amended by adding a subdivision to read:
46.30 Subd. 1a. [FEES FOR X-RAY MACHINES AND OTHER SOURCES OF
46.31 IONIZING RADIATION.] A facility with x-ray machines or other
46.32 sources of ionizing radiation must biennially pay an initial or
46.33 biennial renewal registration fee consisting of a base facility
46.34 fee of $132 and an additional fee for each x-ray machine or
46.35 other source of ionizing radiation as follows:
46.36 (1) medical or veterinary equipment $106
47.1 (2) dental x-ray equipment $ 66
47.2 (3) accelerator $132
47.3 (4) radiation therapy equipment $132
47.4 (5) x-ray equipment not used on humans or animals $106
47.5 (6) devices with sources of ionizing radiation
47.6 not used on humans or animals $106
47.7 (7) sources of radium $198
47.8 Sec. 9. Minnesota Statutes 1996, section 144.121, is
47.9 amended by adding a subdivision to read:
47.10 Subd. 1b. [PENALTY FEE FOR LATE REGISTRATION.]
47.11 Applications for initial or renewal registrations submitted to
47.12 the commissioner after the time specified by the commissioner
47.13 shall be accompanied by a penalty fee of $20 in addition to the
47.14 fees prescribed in subdivision 1a.
47.15 Sec. 10. Minnesota Statutes 1996, section 144.121, is
47.16 amended by adding a subdivision to read:
47.17 Subd. 1c. [FEE FOR X-RAY MACHINES AND OTHER SOURCES OF
47.18 IONIZING RADIATION REGISTERED DURING LAST 12 MONTHS OF A
47.19 BIENNIAL REGISTRATION PERIOD.] The initial registration fee of
47.20 x-ray machines or other sources of radiation required to be
47.21 registered during the last 12 months of a biennial registration
47.22 period will be 50 percent of the applicable registration fee
47.23 prescribed in subdivision 1a.
47.24 Sec. 11. Minnesota Statutes 1996, section 144.125, is
47.25 amended to read:
47.26 144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.]
47.27 It is the duty of (1) the administrative officer or other
47.28 person in charge of each institution caring for infants 28 days
47.29 or less of age and (2) the person required in pursuance of the
47.30 provisions of section 144.215, to register the birth of a child,
47.31 to cause to have administered to every infant or child in its
47.32 care tests for hemoglobinopathy, phenylketonuria, and other
47.33 inborn errors of metabolism in accordance with rules prescribed
47.34 by the state commissioner of health. In determining which tests
47.35 must be administered, the commissioner shall take into
47.36 consideration the adequacy of laboratory methods to detect the
48.1 inborn metabolic error, the ability to treat or prevent medical
48.2 conditions caused by the inborn metabolic error, and the
48.3 severity of the medical conditions caused by the inborn
48.4 metabolic error. Testing and the recording and reporting of the
48.5 results of the tests shall be performed at the times and in the
48.6 manner prescribed by the commissioner of health. The
48.7 commissioner shall charge laboratory service fees for conducting
48.8 the tests of infants for inborn metabolic errors so that the
48.9 total of fees collected will approximate the costs of conducting
48.10 the tests and implementing and maintaining a system to follow-up
48.11 infants with inborn metabolic errors. Costs associated with
48.12 capital expenditures and the development of new procedures may
48.13 be prorated over a three-year period when calculating the amount
48.14 of the fees.
48.15 Sec. 12. Minnesota Statutes 1996, section 144.226,
48.16 subdivision 1, is amended to read:
48.17 Subdivision 1. [WHICH SERVICES ARE FOR FEE.] The fees
48.18 for any of the following services shall be in the following or
48.19 an amount prescribed by rule of the commissioner:
48.20 (a) The fee for the issuance of a certified copy or
48.21 certification of a vital record, or a certification that the
48.22 record cannot be found; is $8. No fee shall be charged for a
48.23 certified birth or death record that is reissued within one year
48.24 of the original issue, if the previously issued record is
48.25 surrendered.
48.26 (b) The fee for the replacement of a birth certificate;
48.27 record for all events except adoption is $20.
48.28 (c) The fee for the filing of a delayed registration of
48.29 birth or death; is $20.
48.30 (d) The alteration, correction, or completion fee for the
48.31 amendment of any vital record, provided that when requested more
48.32 than one year after the filing of the record is $20. No fee
48.33 shall be charged for an alteration, correction, or
48.34 completion amendment requested within one year after the filing
48.35 of the certificate; and.
48.36 (e) The fee for the verification of information from or
49.1 noncertified copies of vital records is $8 when the applicant
49.2 furnishes the specific information to locate the record. When
49.3 the applicant does not furnish specific information, the fee is
49.4 $20 per hour for staff time expended. Specific information
49.5 shall include the correct date of the event and the correct name
49.6 of the registrant. Fees charged shall approximate the costs
49.7 incurred in searching and copying the records. The fee shall be
49.8 payable at time of application.
49.9 (f) The fee for issuance of a certified or noncertified
49.10 copy of any document on file pertaining to a vital record or a
49.11 certification that the record cannot be found is $8.
49.12 Sec. 13. Minnesota Statutes 1996, section 144.226, is
49.13 amended by adding a subdivision to read:
49.14 Subd. 4. [VITAL RECORDS SURCHARGE.] In addition to any fee
49.15 prescribed under subdivision 1, there is a nonrefundable
49.16 surcharge of $3 for each certified and noncertified birth or
49.17 death record. The local or state registrar shall forward this
49.18 amount to the state treasurer to be deposited into the state
49.19 government special revenue fund. This surcharge shall not be
49.20 charged under those circumstances in which no fee for a birth or
49.21 death record is permitted under subdivision 1, paragraph (a).
49.22 This surcharge requirement expires June 30, 2002.
49.23 Sec. 14. Minnesota Statutes 1996, section 144.394, is
49.24 amended to read:
49.25 144.394 [SMOKING PREVENTION HEALTH PROMOTION AND
49.26 EDUCATION.]
49.27 The commissioner may sell at market value, all nonsmoking
49.28 or tobacco use prevention advertising health promotion and
49.29 health education materials. Proceeds from the sale of the
49.30 advertising materials are appropriated to the department of
49.31 health for its nonsmoking the program that developed the
49.32 material.
49.33 Sec. 15. Minnesota Statutes 1996, section 145.925,
49.34 subdivision 9, is amended to read:
49.35 Subd. 9. [RULES; REGIONAL FUNDING.] Notwithstanding any
49.36 rules to the contrary, including rules proposed in the State
50.1 Register on April 1, 1991, the commissioner, in allocating grant
50.2 funds for family planning special projects, shall not limit the
50.3 total amount of funds that can be allocated to an organization
50.4 that has submitted applications from more than one region,
50.5 except that no more than $75,000 may be allocated to any grantee
50.6 within a single region. For two or more organizations who have
50.7 submitted a joint application, that limit is $75,000 for each
50.8 organization. The commissioner shall allocate to an
50.9 organization receiving grant funds on July 1, 1997, at least the
50.10 same amount of grant funds for the 1998 to 1999 grant cycle as
50.11 the organization received for the 1996 to 1997 grant cycle,
50.12 provided the organization submits an application that meets
50.13 grant funding criteria. This subdivision does not affect any
50.14 procedure established in rule for allocating special project
50.15 money to the different regions. The commissioner shall revise
50.16 the rules for family planning special project grants so that
50.17 they conform to the requirements of this subdivision. In
50.18 adopting these revisions, the commissioner is not subject to the
50.19 rulemaking provisions of chapter 14, but is bound by section
50.20 14.38, subdivision 7.
50.21 Sec. 16. [145A.16] [UNIVERSALLY OFFERED HOME VISITING
50.22 PROGRAMS FOR INFANT CARE.]
50.23 Subdivision 1. [ESTABLISHMENT.] The commissioner shall
50.24 establish a grant program to fund universally offered home
50.25 visiting programs designed to serve all live births in
50.26 designated geographic areas. The commissioner shall designate
50.27 the geographic area to be served by each program. At least one
50.28 program must provide home visiting services to families within
50.29 the seven-county metropolitan area, and at least one program
50.30 must provide home visiting services to families outside the
50.31 metropolitan area. The purpose of the program is to strengthen
50.32 families and to promote positive parenting and healthy child
50.33 development.
50.34 Subd. 2. [STEERING COMMITTEE.] The commissioner shall
50.35 establish an ad hoc steering committee to develop and implement
50.36 a comprehensive plan for the universally offered home visiting
51.1 programs. The members of the ad hoc steering committee shall
51.2 include, at a minimum, representatives of local public health
51.3 departments, public health nurses, other health care providers,
51.4 paraprofessionals, community-based family workers,
51.5 representatives of the state councils of color, representatives
51.6 of health insurance plans, and other individuals with expertise
51.7 in the field of home visiting, early childhood health and
51.8 development, and child abuse prevention.
51.9 Subd. 3. [PROGRAM REQUIREMENTS.] The commissioner shall
51.10 award grants using a request for proposal system. Existing home
51.11 visiting programs or a family services collaborative established
51.12 under section 256F.13 may apply for the grants. Health
51.13 information and assessment, counseling, social support,
51.14 educational services, and referral to community resources must
51.15 be offered to all families, regardless of need or risk,
51.16 beginning prenatally or as soon after birth as possible, and
51.17 continuing as needed. Each program applying for a grant must
51.18 have access to adequate community resources to complement the
51.19 home visiting services and must be designed to:
51.20 (1) identify all newborn infants within the geographic area
51.21 served by the program. Identification may be made prenatally or
51.22 at the time of birth;
51.23 (2) offer a home visit by a trained home visitor. The
51.24 offer of a home visit must be made in a way that guarantees that
51.25 the existence of the pregnancy is not revealed to any other
51.26 individual without the written consent of the pregnant female.
51.27 If home visiting is accepted, the first visit must occur
51.28 prenatally or as soon after birth as possible and must include a
51.29 public health nursing assessment by a public health nurse;
51.30 (3) offer, at a minimum, information on infant care, child
51.31 growth and development, positive parenting, the prevention of
51.32 disease and exposure to environmental hazards, and support
51.33 services available in the community;
51.34 (4) provide information on and referral to health care
51.35 services, if needed, including information on health care
51.36 coverage for which the individual or family may be eligible and
52.1 information on family planning, pediatric preventive services,
52.2 immunizations, and developmental assessments, and information on
52.3 the availability of public assistance programs as appropriate;
52.4 (5) recruit home visit workers who will represent, to the
52.5 extent possible, all the races, cultures, and languages spoken
52.6 by eligible families in the designated geographic areas; and
52.7 (6) train and supervise home visitors in accordance with
52.8 the requirements established under subdivision 5.
52.9 Subd. 4. [COORDINATION.] To minimize duplication, a
52.10 program receiving a grant must establish a coalition that
52.11 includes parents, health care providers who provide services to
52.12 families with young children in the service area, and
52.13 representatives of local schools, governmental and nonprofit
52.14 agencies, community-based organizations, health insurance plans,
52.15 and local hospitals. A program may use a family services
52.16 collaborative as the coalition if a collaborative is established
52.17 in the area served by the program. The coalition must designate
52.18 the roles of all provider agencies, family identification
52.19 methods, referral mechanisms, and payment responsibilities
52.20 appropriate for the existing systems in the program's service
52.21 area. The coalition must also coordinate with other programs
52.22 offered by school boards under section 121.882, subdivision 2b,
52.23 and programs offered under section 145A.15.
52.24 Subd. 5. [TRAINING.] The commissioner shall establish
52.25 training requirements for home visitors and minimum requirements
52.26 for supervision by a public health nurse. The requirements for
52.27 nurses must be consistent with chapter 148. Training must
52.28 include child development, positive parenting techniques, and
52.29 diverse cultural practices in child rearing and family systems.
52.30 A program may use grant money to train home visitors.
52.31 Subd. 6. [EVALUATION.] (a) The commissioner shall evaluate
52.32 the effectiveness of the home visiting programs, taking into
52.33 consideration the following goals:
52.34 (1) appropriate child growth, development, and access to
52.35 health care;
52.36 (2) appropriate utilization of preventive health care and
53.1 medical care for acute illnesses;
53.2 (3) lower rates of substantiated child abuse and neglect;
53.3 (4) up-to-date immunizations;
53.4 (5) a reduction in unintended pregnancies;
53.5 (6) increasing families' understanding of lead poisoning
53.6 prevention;
53.7 (7) lower rates of unintentional injuries; and
53.8 (8) fewer hospitalizations and emergency room visits.
53.9 (b) The commissioner shall compare overall outcomes of
53.10 universally offered home visiting programs with targeted home
53.11 visiting programs and report the findings to the legislature.
53.12 The report must also include information on how home visiting
53.13 programs will coordinate activities and preventive services
53.14 provided by health plans and other organizations.
53.15 (c) The commissioner shall report to the legislature by
53.16 February 15, 1998, on the comprehensive plan for the universally
53.17 offered home visiting programs and recommend any draft
53.18 legislation needed to implement the plan. The commissioner
53.19 shall report to the legislature biennially beginning December
53.20 15, 2001, on the effectiveness of the universally offered home
53.21 visiting programs. In the report due December 15, 2001, the
53.22 commissioner shall include recommendations on the feasibility
53.23 and cost of expanding the program statewide.
53.24 Subd. 7. [TECHNICAL ASSISTANCE.] The commissioner shall
53.25 provide administrative and technical assistance to each program,
53.26 including assistance conducting short- and long-term evaluations
53.27 of the home visiting program required under subdivision 6. The
53.28 commissioner may request research and evaluation support from
53.29 the University of Minnesota.
53.30 Subd. 8. [MATCHING FUNDS.] The commissioner and the grant
53.31 programs shall seek to supplement any state funding with private
53.32 and other nonstate funding sources, including other grants and
53.33 insurance coverage for services provided. Program funding may
53.34 be used only to supplement, not to replace, existing funds being
53.35 used for home visiting.
53.36 Subd. 9. [PAYMENT FOR HOME VISITING SERVICES.] Any health
54.1 plan that provides services to families or individuals enrolled
54.2 in medical assistance, general assistance medical care, or the
54.3 MinnesotaCare program must contract with the programs receiving
54.4 grants under this section and the programs established under
54.5 section 145A.15 that are providing home visiting services in the
54.6 area served by the health plan to provide home visiting services
54.7 covered under medical assistance, general assistance medical
54.8 care, or the MinnesotaCare program to their enrollees. A health
54.9 plan may require a home visiting program to comply with the
54.10 health plan's requirements on the same basis as the health
54.11 plan's other participating providers.
54.12 Sec. 17. Minnesota Statutes 1996, section 151.40, is
54.13 amended to read:
54.14 151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND
54.15 NEEDLES.]
54.16 Subdivision 1. [GENERALLY.] Except as otherwise provided
54.17 in subdivision 2, it shall be is unlawful for any person to
54.18 possess, control, manufacture, sell, furnish, dispense, or
54.19 otherwise dispose of hypodermic syringes or needles or any
54.20 instrument or implement which can be adapted for subcutaneous
54.21 injections, except by the following persons when acting in the
54.22 course of their practice or employment: licensed practitioners,
54.23 registered pharmacies and their employees or agents, licensed
54.24 pharmacists, licensed doctors of veterinary medicine or their
54.25 assistants, registered nurses, registered medical technologists,
54.26 medical interns, licensed drug wholesalers, their employees or
54.27 agents, licensed hospitals, licensed nursing homes, bona fide
54.28 hospitals where animals are treated, licensed morticians,
54.29 syringe and needle manufacturers, their dealers and agents,
54.30 persons engaged in animal husbandry, clinical laboratories,
54.31 persons engaged in bona fide research or education or industrial
54.32 use of hypodermic syringes and needles provided such persons
54.33 cannot use hypodermic syringes and needles for the
54.34 administration of drugs to human beings unless such drugs are
54.35 prescribed, dispensed, and administered by a person lawfully
54.36 authorized to do so, persons who administer drugs pursuant to an
55.1 order or direction of a licensed doctor of medicine or of a
55.2 licensed doctor of osteopathy duly licensed to practice medicine.
55.3 Subd. 2. [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND
55.4 SYRINGES.] (a) A registered pharmacy or its agent or a licensed
55.5 pharmacist may sell, without a prescription, unused hypodermic
55.6 needles and syringes in quantities of ten or fewer, provided the
55.7 pharmacy or pharmacist complies with all of the requirements of
55.8 this subdivision.
55.9 (b) At any location where hypodermic needles and syringes
55.10 are kept for retail sale under this subdivision, the needles and
55.11 syringes shall be stored in a manner that makes them available
55.12 only to authorized personnel and not openly available to
55.13 customers.
55.14 (c) No registered pharmacy or licensed pharmacist may
55.15 advertise to the public the availability for retail sale,
55.16 without a prescription, of hypodermic needles or syringes in
55.17 quantities of ten or fewer.
55.18 (d) A registered pharmacy or licensed pharmacist that sells
55.19 hypodermic needles or syringes under this subdivision may give
55.20 the purchaser the materials developed by the commissioner of
55.21 health under section 325F.785.
55.22 (e) A registered pharmacy or licensed pharmacist that sells
55.23 hypodermic needles or syringes must certify to the commissioner
55.24 of health participation in an activity, including but not
55.25 limited to those developed under section 325F.785, that supports
55.26 proper disposal of used hypodermic needles or syringes.
55.27 Sec. 18. Minnesota Statutes 1996, section 153A.17, is
55.28 amended to read:
55.29 153A.17 [EXPENSES; FEES.]
55.30 The expenses for administering the certification
55.31 requirements including the complaint handling system for hearing
55.32 aid dispensers in sections 153A.14 and 153A.15 and the consumer
55.33 information center under section 153A.18 must be paid from
55.34 initial application and examination fees, renewal fees,
55.35 penalties, and fines. All fees are nonrefundable. The
55.36 certificate application fee is $280 $165 for audiologists
56.1 registered under section 148.511 and $490 for all others, the
56.2 examination fee is $200 for the written portion and $200 for the
56.3 practical portion each time one or the other is taken, and the
56.4 trainee application fee is $100, except that the certification
56.5 application fee for a registered audiologist is $280 minus the
56.6 audiologist registration fee of $101. In addition, both
56.7 certification and examination fees are subject to
56.8 Notwithstanding the policy set forth in section 16A.1285,
56.9 subdivision 2, a surcharge of $60 $165 for audiologists
56.10 registered under section 148.511 and $330 for all others shall
56.11 be paid at the time of application or renewal until June 30,
56.12 2003, to recover, over a five-year period, the commissioner's
56.13 accumulated direct expenditures for administering the
56.14 requirements of this chapter, but not registration of hearing
56.15 instrument dispensers under section 214.13, before November 1,
56.16 1994. The penalty fee for late submission of a renewal
56.17 application is $70 $200. All fees, penalties, and fines
56.18 received must be deposited in the state government special
56.19 revenue fund. The commissioner may prorate the certification
56.20 fee for new applicants based on the number of quarters remaining
56.21 in the annual certification period.
56.22 Sec. 19. Minnesota Statutes 1996, section 157.15, is
56.23 amended by adding a subdivision to read:
56.24 Subd. 16. [CRITICAL CONTROL POINT.] "Critical control
56.25 point" means a point or procedure in a specific food system
56.26 where loss of control may result in an unacceptable health risk.
56.27 Sec. 20. Minnesota Statutes 1996, section 157.15, is
56.28 amended by adding a subdivision to read:
56.29 Subd. 17. [HACCP PLAN.] "Hazard analysis critical control
56.30 point (HACCP) plan" means a written document that delineates the
56.31 formal procedures for following the HACCP principles developed
56.32 by the National Advisory Committee on Microbiological Criteria
56.33 for Foods.
56.34 Sec. 21. Minnesota Statutes 1996, section 157.15, is
56.35 amended by adding a subdivision to read:
56.36 Subd. 18. [HAZARD.] "Hazard" means any biological,
57.1 chemical, or physical property that may cause an unacceptable
57.2 consumer health risk.
57.3 Sec. 22. Minnesota Statutes 1996, section 157.16,
57.4 subdivision 3, is amended to read:
57.5 Subd. 3. [ESTABLISHMENT FEES; DEFINITIONS.] (a) The
57.6 following fees are required for food and beverage service
57.7 establishments, hotels, motels, lodging establishments, and
57.8 resorts licensed under this chapter. Food and beverage service
57.9 establishments must pay the highest applicable fee under
57.10 paragraph (e), clause (1), (2), (3), or (4), and establishments
57.11 serving alcohol must pay the highest applicable fee under
57.12 paragraph (e), clause (6) or (7).
57.13 (b) All food and beverage service establishments, except
57.14 special event food stands, and all hotels, motels, lodging
57.15 establishments, and resorts shall pay an annual base fee of $100.
57.16 (c) A special event food stand shall pay a flat fee of $60
57.17 annually. "Special event food stand" means a fee category where
57.18 food is prepared or served in conjunction with celebrations,
57.19 county fairs, or special events from a special event food stand
57.20 as defined in section 157.15.
57.21 (d) A special event food stand-limited shall pay a flat fee
57.22 of $30.
57.23 (e) In addition to the base fee in paragraph (b), each food
57.24 and beverage service establishment, other than a special event
57.25 food stand, and each hotel, motel, lodging establishment, and
57.26 resort shall pay an additional annual fee for each fee category
57.27 as specified in this paragraph:
57.28 (1) Limited food menu selection, $30. "Limited food menu
57.29 selection" means a fee category that provides one or more of the
57.30 following:
57.31 (i) prepackaged food that receives heat treatment and is
57.32 served in the package;
57.33 (ii) frozen pizza that is heated and served;
57.34 (iii) a continental breakfast such as rolls, coffee, juice,
57.35 milk, and cold cereal;
57.36 (iv) soft drinks, coffee, or nonalcoholic beverages; or
58.1 (v) cleaning for eating, drinking, or cooking utensils,
58.2 when the only food served is prepared off site.
58.3 (2) Small menu selection with limited equipment
58.4 establishment, including boarding establishments, $55.
58.5 "Small menu selection with limited equipment establishment"
58.6 means a fee category that has no salad bar and meets one or more
58.7 of the following:
58.8 (i) possesses food service equipment that consists of no
58.9 more than a deep fat fryer, a grill, two hot holding containers,
58.10 and one or more microwave ovens;
58.11 (ii) serves dipped ice cream or soft serve frozen desserts;
58.12 (iii) serves breakfast in an owner-occupied bed and
58.13 breakfast establishment; or
58.14 (iv) is a boarding establishment; or
58.15 (v) meets the equipment criteria in clause (3), item (i) or
58.16 (ii), and has a maximum patron seating capacity of not more than
58.17 50.
58.18 (3) Small Medium establishment with full menu selection,
58.19 $150. "Small Medium establishment with full menu selection"
58.20 means a fee category that meets one or more of the following:
58.21 (i) possesses food service equipment that includes a range,
58.22 oven, steam table, salad bar, or salad preparation area;
58.23 (ii) possesses food service equipment that includes more
58.24 than one deep fat fryer, one grill, or two hot holding
58.25 containers; or
58.26 (iii) is an establishment where food is prepared at one
58.27 location and served at one or more separate locations.
58.28 Establishments meeting criteria in clause (2), item (v),
58.29 are not included in this fee category.
58.30 (4) Large establishment with full menu selection, $250.
58.31 "Large establishment with full menu selection" means either:
58.32 (i) a fee category that (A) meets the criteria in clause
58.33 (3), items (i) or (ii), for a small medium establishment with
58.34 full menu selection, (B) seats more than 175 people, and (C)
58.35 offers the full menu selection an average of five or more days a
58.36 week during the weeks of operation; or
59.1 (ii) a fee category that (A) meets the criteria in clause
59.2 (3), item (iii), for a small medium establishment with full menu
59.3 selection, and (B) prepares and serves 500 or more meals per day.
59.4 (5) Other food and beverage service, including food carts,
59.5 mobile food units, seasonal temporary food stands, and seasonal
59.6 permanent food stands, $30.
59.7 (6) Beer or wine table service, $30. "Beer or wine table
59.8 service" means a fee category where the only alcoholic beverage
59.9 service is beer or wine, served to customers seated at tables.
59.10 (7) Alcoholic beverage service, other than beer or wine
59.11 table service, $75.
59.12 "Alcohol beverage service, other than beer or wine table
59.13 service" means a fee category where alcoholic mixed drinks are
59.14 served or where beer or wine are served from a bar.
59.15 (8) Lodging per sleeping accommodation unit, $4, including
59.16 hotels, motels, lodging establishments, and resorts, up to a
59.17 maximum of $400. "Lodging per sleeping accommodation unit"
59.18 means a fee category including the number of guest rooms,
59.19 cottages, or other rental units of a hotel, motel, lodging
59.20 establishment, or resort; or the number of beds in a dormitory.
59.21 (9) First public swimming pool, $100; each additional
59.22 public swimming pool, $50. "Public swimming pool" means a fee
59.23 category that has the meaning given in Minnesota Rules, part
59.24 4717.0250, subpart 8.
59.25 (10) First spa, $50; each additional spa, $25. "Spa pool"
59.26 means a fee category that has the meaning given in Minnesota
59.27 Rules, part 4717.0250, subpart 9.
59.28 (11) Private sewer or water, $30. "Individual private
59.29 water" means a fee category with a water supply other than a
59.30 community public water supply as defined in Minnesota Rules,
59.31 chapter 4720. "Individual private sewer" means a fee category
59.32 with an individual sewage treatment system which uses subsurface
59.33 treatment and disposal.
59.34 (f) A fee is not required for a food and beverage service
59.35 establishment operated by a school as defined in sections 120.05
59.36 and 120.101.
60.1 (g) A fee of $150 for review of the construction plans must
60.2 accompany the initial license application for food and beverage
60.3 service establishments, hotels, motels, lodging establishments,
60.4 or resorts.
60.5 (h) When existing food and beverage service establishments,
60.6 hotels, motels, lodging establishments, or resorts are
60.7 extensively remodeled, a fee of $150 must be submitted with the
60.8 remodeling plans.
60.9 (i) Seasonal temporary food stands, special event food
60.10 stands, and special event food stands-limited are not required
60.11 to submit construction or remodeling plans for review.
60.12 Sec. 23. [157.215] [PILOT PROJECT.]
60.13 The commissioner of health is authorized to issue a request
60.14 for participation to the regulated food and beverage service
60.15 establishment industry and to select up to 25 pilot projects
60.16 utilizing HACCP quality assurance principles for monitoring risk.
60.17 Sec. 24. Minnesota Statutes 1996, section 214.12, is
60.18 amended by adding a subdivision to read:
60.19 Subd. 3. [FETAL ALCOHOL SYNDROME.] The board of medical
60.20 practice and the board of nursing shall require by rule that
60.21 family practitioners, pediatricians, obstetricians and
60.22 gynecologists, and other licensees who have primary
60.23 responsibility for diagnosing and treating fetal alcohol
60.24 syndrome in pregnant women or children receive education on the
60.25 subject of fetal alcohol syndrome and fetal alcohol effects,
60.26 including how to: (1) screen pregnant women for alcohol abuse;
60.27 (2) identify affected children; and (3) provide referral
60.28 information on needed services.
60.29 Sec. 25. Minnesota Statutes 1996, section 256B.0625,
60.30 subdivision 14, is amended to read:
60.31 Subd. 14. [DIAGNOSTIC, SCREENING, AND PREVENTIVE
60.32 SERVICES.] (a) Medical assistance covers diagnostic, screening,
60.33 and preventive services.
60.34 (b) "Preventive services" include services related to
60.35 pregnancy, including:
60.36 (1) services for those conditions which may complicate a
61.1 pregnancy and which may be available to a pregnant woman
61.2 determined to be at risk of poor pregnancy outcome;
61.3 (2) prenatal HIV risk assessment, education, counseling,
61.4 and testing; and
61.5 (3) alcohol abuse assessment, education, and counseling on
61.6 the effects of alcohol usage while pregnant. Preventive
61.7 services available to a woman at risk of poor pregnancy outcome
61.8 may differ in an amount, duration, or scope from those available
61.9 to other individuals eligible for medical assistance.
61.10 (c) "Screening services" include, but are not limited to,
61.11 blood lead tests.
61.12 Sec. 26. Minnesota Statutes 1996, section 256B.69, is
61.13 amended by adding a subdivision to read:
61.14 Subd. 5c. [MEDICAL EDUCATION AND RESEARCH TRUST FUND.] (a)
61.15 Beginning in January 1999 and each year thereafter:
61.16 (1) the commissioner of human services shall transfer an
61.17 amount equal to the reduction in the prepaid medical assistance
61.18 and prepaid general assistance medical care payments resulting
61.19 from clause (2), excluding nursing facility and elderly waiver
61.20 payments, to the medical education and research trust fund
61.21 established under section 62J.69;
61.22 (2) the county medical assistance and general assistance
61.23 medical care capitation base rate prior to plan specific
61.24 adjustments shall be reduced 6.3 percent for Hennepin county,
61.25 two percent for the remaining metropolitan counties, and 1.6
61.26 percent for nonmetropolitan Minnesota counties; and
61.27 (3) the amount calculated under clause (1) shall not be
61.28 adjusted for subsequent changes to the capitation payments for
61.29 periods already paid.
61.30 (b) This subdivision shall be effective upon approval of a
61.31 federal waiver which allows federal financial participation in
61.32 the medical education and research trust fund.
61.33 Sec. 27. [325F.785] [SALES OF HIV HOME COLLECTION KITS AND
61.34 HYPODERMIC SYRINGES AND NEEDLES.]
61.35 Subdivision 1. [INFORMATION TO PURCHASERS.] A seller may
61.36 provide each purchaser of an HIV home collection kit or
62.1 hypodermic syringes and needles as authorized in section 151.40,
62.2 at the time of purchase, with written information about the
62.3 telephone numbers for public HIV counseling and testing sites,
62.4 the state's HIV hotline, disposal of used syringes, and general
62.5 HIV prevention and care.
62.6 Subd. 2. [ASSISTANCE FOR SELLERS.] The commissioner of
62.7 health shall provide technical assistance and materials to
62.8 pharmacies and to sellers related to compliance with sections
62.9 151.40 and 325F.785. The commissioner, in consultation with
62.10 organizations specializing in HIV prevention, shall provide
62.11 printed materials, including the written information described
62.12 under subdivision 1, at no charge to pharmacies that sell
62.13 hypodermic needles or syringes under section 151.40, and sellers
62.14 of HIV home collection kits under this section. A pharmacy or
62.15 seller may request and the commissioner may authorize use of
62.16 other methods for providing written information to purchasers.
62.17 The commissioner may use funds appropriated under section
62.18 145.924, to provide technical assistance and materials.
62.19 Sec. 28. Minnesota Statutes 1996, section 326.37,
62.20 subdivision 1, is amended to read:
62.21 Subdivision 1. [RULES.] The state commissioner of health
62.22 may, by rule, prescribe minimum standards which shall be
62.23 uniform, and which standards shall thereafter be effective for
62.24 all new plumbing installations, including additions, extensions,
62.25 alterations, and replacements connected with any water or sewage
62.26 disposal system owned or operated by or for any municipality,
62.27 institution, factory, office building, hotel, apartment
62.28 building, or any other place of business regardless of location
62.29 or the population of the city or town in which located.
62.30 Notwithstanding the provisions of Minnesota Rules, part
62.31 4715.3130, as they apply to review of plans and specifications,
62.32 the commissioner may allow plumbing construction, alteration, or
62.33 extension to proceed without approval of the plans or
62.34 specifications by the commissioner.
62.35 The commissioner shall administer the provisions of
62.36 sections 326.37 to 326.45 and for such purposes may employ
63.1 plumbing inspectors and other assistants.
63.2 Sec. 29. Minnesota Statutes 1996, section 327.20,
63.3 subdivision 1, is amended to read:
63.4 Subdivision 1. [RULES.] No domestic animals or house pets
63.5 of occupants of manufactured home parks or recreational camping
63.6 areas shall be allowed to run at large, or commit any nuisances
63.7 within the limits of a manufactured home park or recreational
63.8 camping area. Each manufactured home park or recreational
63.9 camping area licensed under the provisions of sections 327.10,
63.10 327.11, 327.14 to 327.28 shall, among other things, provide for
63.11 the following, in the manner hereinafter specified:
63.12 (1) A responsible attendant or caretaker shall be in charge
63.13 of every manufactured home park or recreational camping area at
63.14 all times, who shall maintain the park or area, and its
63.15 facilities and equipment in a clean, orderly and sanitary
63.16 condition. In any manufactured home park containing more than
63.17 50 lots, the attendant, caretaker, or other responsible park
63.18 employee, shall be readily available at all times in case of
63.19 emergency.
63.20 (2) All manufactured home parks shall be well drained and
63.21 be located so that the drainage of the park area will not
63.22 endanger any water supply. No waste water from manufactured
63.23 homes or recreational camping vehicles shall be deposited on the
63.24 surface of the ground. All sewage and other water carried
63.25 wastes shall be discharged into a municipal sewage system
63.26 whenever available. When a municipal sewage system is not
63.27 available, a sewage disposal system acceptable to the state
63.28 commissioner of health shall be provided.
63.29 (3) No manufactured home shall be located closer than three
63.30 feet to the side lot lines of a manufactured home park, if the
63.31 abutting property is improved property, or closer than ten feet
63.32 to a public street or alley. Each individual site shall abut or
63.33 face on a driveway or clear unoccupied space of not less than 16
63.34 feet in width, which space shall have unobstructed access to a
63.35 public highway or alley. There shall be an open space of at
63.36 least ten feet between the sides of adjacent manufactured homes
64.1 including their attachments and at least three feet between
64.2 manufactured homes when parked end to end. The space between
64.3 manufactured homes may be used for the parking of motor vehicles
64.4 and other property, if the vehicle or other property is parked
64.5 at least ten feet from the nearest adjacent manufactured home
64.6 position. The requirements of this paragraph shall not apply to
64.7 recreational camping areas and variances may be granted by the
64.8 state commissioner of health in manufactured home parks when the
64.9 variance is applied for in writing and in the opinion of the
64.10 commissioner the variance will not endanger the health, safety,
64.11 and welfare of manufactured home park occupants.
64.12 (4) An adequate supply of water of safe, sanitary quality
64.13 shall be furnished at each manufactured home park or
64.14 recreational camping area. The source of the water supply shall
64.15 first be approved by the state department of health.
64.16 (5) All plumbing shall be installed in accordance with the
64.17 rules of the state commissioner of health and the provisions of
64.18 the Minnesota plumbing code.
64.19 (6) In the case of a manufactured home park with less than
64.20 ten manufactured homes, a plan for the sheltering or the safe
64.21 evacuation to a safe place of shelter of the residents of the
64.22 park in times of severe weather conditions, such as tornadoes,
64.23 high winds, and floods. The shelter or evacuation plan shall be
64.24 developed with the assistance and approval of the municipality
64.25 where the park is located and shall be posted at conspicuous
64.26 locations throughout the park. The park owner shall provide
64.27 each resident with a copy of the approved shelter or evacuation
64.28 plan, as provided by section 327C.01, subdivision 1c. Nothing
64.29 in this paragraph requires the department of health to review or
64.30 approve any shelter or evacuation plan developed by a park.
64.31 Failure of a municipality to approve a plan submitted by a park
64.32 shall not be grounds for action against the park by the
64.33 department of health if the park has made a good faith effort to
64.34 develop the plan and obtain municipal approval.
64.35 (7) A manufactured home park with ten or more manufactured
64.36 homes, licensed prior to March 1, 1988, shall provide a safe
65.1 place of shelter for park residents or a plan for the evacuation
65.2 of park residents to a safe place of shelter within a reasonable
65.3 distance of the park for use by park residents in times of
65.4 severe weather, including tornadoes and high winds. The shelter
65.5 or evacuation plan must be approved by the municipality by March
65.6 1, 1989. The municipality may require the park owner to
65.7 construct a shelter if it determines that a safe place of
65.8 shelter is not available within a reasonable distance from the
65.9 park. A copy of the municipal approval and the plan shall be
65.10 submitted by the park owner to the department of health. The
65.11 park owner shall provide each resident with a copy of the
65.12 approved shelter or evacuation plan, as provided by section
65.13 327C.01, subdivision 1c.
65.14 (8) A manufactured home park with ten or more manufactured
65.15 homes, receiving a primary license after March 1, 1988, must
65.16 provide the type of shelter required by section 327.205, except
65.17 that for manufactured home parks established as temporary,
65.18 emergency housing in a disaster area declared by the President
65.19 of the United States or the governor, an approved evacuation
65.20 plan may be provided in lieu of a shelter for a period not
65.21 exceeding 18 months.
65.22 (9) For the purposes of this subdivision, "park owner" and
65.23 "resident" have the meaning given them in section 327C.01.
65.24 Sec. 30. [GRANT PROGRAM FOR JUVENILE ASSESSMENT CENTERS.]
65.25 Subdivision 1. [PROGRAM DESCRIBED.] The commissioner of
65.26 health shall administer a pilot project grant program to award
65.27 grants to no more than three judicial districts to develop and
65.28 implement plans to create juvenile assessment centers. A
65.29 juvenile assessment center is a 24-hour centralized receiving,
65.30 processing, and intervention facility for children who are
65.31 accused of committing delinquent acts or status offenses or who
65.32 are alleged to have been victims of abuse or neglect.
65.33 Subd. 2. [WORKING GROUPS AUTHORIZED; PLANS REQUIRED.] The
65.34 chief judge of a judicial district or the judge's designee may
65.35 convene a working group consisting of individuals experienced in
65.36 providing services to children. A working group shall consist
66.1 of, but is not limited to, representatives from substance abuse
66.2 programs, domestic abuse programs, child protection agencies,
66.3 mental health providers, mental health collaboratives, law
66.4 enforcement agencies, schools, health service providers, and
66.5 higher education institutions. The working group shall
66.6 cooperatively develop a plan to create a juvenile assessment
66.7 center in the judicial district. Juvenile assessment centers
66.8 must provide initial screening for children, including intake
66.9 and needs assessments, substance abuse screening, physical and
66.10 mental health screening, fetal alcohol syndrome and fetal
66.11 alcohol exposure screening, and diagnostic educational testing,
66.12 as appropriate. The entities involved in the assessment center
66.13 shall make the resources for the provision of these assessments
66.14 available at the same level to which they are available to the
66.15 general public. The plan must include, but is not limited to,
66.16 recommended screening tools to assess children to determine
66.17 their needs and assets; protocols to determine how children
66.18 should enter the center, what will happen at the center, and
66.19 what will happen after the child leaves the center; methods to
66.20 share information in a manner consistent with existing law; and
66.21 information on how the center will collaborate with a higher
66.22 educational institution that has expertise in the research,
66.23 programming, and evaluation of children's services. The plan
66.24 may also address the provision of services to children.
66.25 Subd. 3. [COOPERATION WITH WORKING GROUPS.] The
66.26 commissioner may provide technical assistance to the working
66.27 groups and judicial districts. If the working groups identify
66.28 any necessary changes in data privacy laws that would facilitate
66.29 the operation of the assessment centers, the commissioner may
66.30 recommend these changes to the legislature.
66.31 Subd. 4. [AWARDING OF GRANTS.] By January 1, 1998, the
66.32 commissioner shall award grants under this section to judicial
66.33 districts to develop plans to create juvenile assessment
66.34 centers. Each district awarded a planning grant shall submit
66.35 its plan to the commissioner. The commissioner shall review the
66.36 plans and award grants to districts whose plans have been
67.1 approved to develop an assessment center.
67.2 Subd. 5. [REPORT.] By January 15, 1999, the commissioner
67.3 shall report to the legislature on the planning and
67.4 implementation grants awarded under this section.
67.5 Sec. 31. [FUNDING SOURCES FOR THE MEDICAL EDUCATION AND
67.6 RESEARCH TRUST FUND.]
67.7 (a) The commissioner of health, in consultation with the
67.8 medical education and research costs advisory committee, shall
67.9 continue to consider additional broad-based funding sources, and
67.10 shall recommend potential sources of funding to the legislature
67.11 by February 15, 1998.
67.12 (b) The commissioner of health, in consultation with the
67.13 commissioner of human services, shall examine the
67.14 appropriateness of transferring an educational component from
67.15 the MinnesotaCare rates to the medical education and research
67.16 trust fund, and the appropriate amount and timing of any such
67.17 transfer. The commissioner shall report recommendations on the
67.18 feasibility of including MinnesotaCare funding in the trust fund
67.19 to the legislature by February 15, 1998.
67.20 Sec. 32. [RULE CHANGE; RADIOGRAPHIC ABSORPTIONMETRY.]
67.21 Upon review and recommendation by the health technology
67.22 advisory committee regarding the impact on patients the
67.23 commissioner of health shall examine the appropriateness of, and
67.24 if appropriate, may amend Minnesota Rules, part 4730.1210,
67.25 subpart 2, item G, to permit the use of direct exposure x-ray
67.26 film in radiographic absorptionmetry for the diagnosis and
67.27 management of osteoporosis. The commissioner may use the
67.28 rulemaking procedures under Minnesota Statutes, section 14.388.
67.29 Sec. 33. [MINORITY HEALTH INITIATIVE.]
67.30 Subdivision 1. [PURPOSE.] The purpose of this section is
67.31 to plan for the expansion and increase of information and
67.32 statistical research on minority health in Minnesota. The plan
67.33 must build upon the recommendations of the 1997 populations of
67.34 color in Minnesota health status report.
67.35 Subd. 2. [REPORT TO THE LEGISLATURE.] (a) The commissioner
67.36 of health, through the office of minority health, shall prepare
68.1 and transmit to the legislature, according to Minnesota
68.2 Statutes, section 3.195, and no later than January 15, 1998, a
68.3 written report addressing the following:
68.4 (1) identifying the legal and administrative barriers that
68.5 hinder the sharing of information on minority health issues
68.6 among executive branch agencies, and recommending remedies to
68.7 these barriers;
68.8 (2) assessing the current database of information on
68.9 minority health issues, evaluating data collection standards and
68.10 procedures in the department of health, identifying minority
68.11 health issues that should be given priority for increased
68.12 research to close the gaps and disparities including cancer
68.13 incidence among populations of color, and recommending methods
68.14 for expanding the current database of information on minority
68.15 health; and
68.16 (3) planning a grant program targeted at supporting
68.17 minority health and wellness programs that focus on prevention
68.18 of illness and disease, health education, and health promotion.
68.19 (b) As part of the report in paragraph (a), the
68.20 commissioner, through the office of minority health, shall study
68.21 how the department of health could be better organized to
68.22 accomplish the tasks specified in paragraph (a) and shall
68.23 propose an organizational structure to accomplish these tasks.
68.24 (c) The commissioner, through the office of minority
68.25 health, may appoint advisory committees as appropriate to
68.26 accomplish the tasks in paragraphs (a) and (b). The terms,
68.27 compensation, and removal of members are governed by Minnesota
68.28 Statutes, section 15.059, except that members do not receive per
68.29 diem compensation.
68.30 Sec. 34. [STUDY OF HIV AND HBV PREVENTION PROGRAM.]
68.31 The commissioner of health shall evaluate the effectiveness
68.32 of the HIV and HBV prevention program established under
68.33 Minnesota Statutes, sections 214.17 to 214.25. The commissioner
68.34 shall evaluate the effectiveness of the program in maintaining
68.35 public confidence in the safety of health care provider
68.36 settings, educating the public about HIV infection risk in such
69.1 settings, prevention of HIV and HBV infections, and fairly and
69.2 efficiently working with affected health care providers. The
69.3 results in Minnesota shall be compared to similar efforts in
69.4 other states. The commissioner shall present recommendations to
69.5 the legislature by January 15, 1998, on whether the program
69.6 should be continued, and whether modifications to the program
69.7 are necessary if a recommendation is made to continue the
69.8 program.
69.9 Sec. 35. [REPORT REQUIRED; CALS PROGRAM.]
69.10 The emergency medical services regulatory board, by
69.11 December 1, 1999, shall report to the chairs of the house health
69.12 and human services finance division and the senate health and
69.13 family security budget division on the implementation of the
69.14 comprehensive advanced life support (CALS) program or similar
69.15 program.
69.16 Sec. 36. [FAMILY PLANNING GRANT REVIEW.]
69.17 The commissioner of health shall conduct a review of the
69.18 family planning special projects grant process and shall report
69.19 the results of its review to the legislature by February 15,
69.20 1998.
69.21 Sec. 37. [REPEALER.]
69.22 Minnesota Statutes 1996, section 145.9256, is repealed.
69.23 Sec. 38. [EFFECTIVE DATE.]
69.24 Sections 4 to 6, 17, and 27, subdivision 1 are effective
69.25 July 1, 1998.
69.26 ARTICLE 3
69.27 LONG-TERM CARE FACILITIES
69.28 Section 1. Minnesota Statutes 1996, section 144A.071,
69.29 subdivision 1, is amended to read:
69.30 Subdivision 1. [FINDINGS.] The legislature declares that a
69.31 moratorium on the licensure and medical assistance certification
69.32 of new nursing home beds and construction projects that exceed
69.33 the lesser of $500,000 or 25 percent of a facility's appraised
69.34 value $750,000 is necessary to control nursing home expenditure
69.35 growth and enable the state to meet the needs of its elderly by
69.36 providing high quality services in the most appropriate manner
70.1 along a continuum of care.
70.2 Sec. 2. Minnesota Statutes 1996, section 144A.071,
70.3 subdivision 2, is amended to read:
70.4 Subd. 2. [MORATORIUM.] The commissioner of health, in
70.5 coordination with the commissioner of human services, shall deny
70.6 each request for new licensed or certified nursing home or
70.7 certified boarding care beds except as provided in subdivision 3
70.8 or 4a, or section 144A.073. "Certified bed" means a nursing
70.9 home bed or a boarding care bed certified by the commissioner of
70.10 health for the purposes of the medical assistance program, under
70.11 United States Code, title 42, sections 1396 et seq.
70.12 The commissioner of human services, in coordination with
70.13 the commissioner of health, shall deny any request to issue a
70.14 license under section 252.28 and chapter 245A to a nursing home
70.15 or boarding care home, if that license would result in an
70.16 increase in the medical assistance reimbursement amount.
70.17 In addition, the commissioner of health must not approve
70.18 any construction project whose cost exceeds $500,000, or 25
70.19 percent of the facility's appraised value, whichever is less,
70.20 $750,000 unless:
70.21 (a) any construction costs exceeding the lesser of $500,000
70.22 or 25 percent of the facility's appraised value $750,000 are not
70.23 added to the facility's appraised value and are not included in
70.24 the facility's payment rate for reimbursement under the medical
70.25 assistance program; or
70.26 (b) the project:
70.27 (1) has been approved through the process described in
70.28 section 144A.073;
70.29 (2) meets an exception in subdivision 3 or 4a;
70.30 (3) is necessary to correct violations of state or federal
70.31 law issued by the commissioner of health;
70.32 (4) is necessary to repair or replace a portion of the
70.33 facility that was damaged by fire, lightning, groundshifts, or
70.34 other such hazards, including environmental hazards, provided
70.35 that the provisions of subdivision 4a, clause (a), are met;
70.36 (5) as of May 1, 1992, the facility has submitted to the
71.1 commissioner of health written documentation evidencing that the
71.2 facility meets the "commenced construction" definition as
71.3 specified in subdivision 1a, clause (d), or that substantial
71.4 steps have been taken prior to April 1, 1992, relating to the
71.5 construction project. "Substantial steps" require that the
71.6 facility has made arrangements with outside parties relating to
71.7 the construction project and include the hiring of an architect
71.8 or construction firm, submission of preliminary plans to the
71.9 department of health or documentation from a financial
71.10 institution that financing arrangements for the construction
71.11 project have been made; or
71.12 (6) is being proposed by a licensed nursing facility that
71.13 is not certified to participate in the medical assistance
71.14 program and will not result in new licensed or certified beds.
71.15 Prior to the final plan approval of any construction
71.16 project, the commissioner of health shall be provided with an
71.17 itemized cost estimate for the project construction costs. If a
71.18 construction project is anticipated to be completed in phases,
71.19 the total estimated cost of all phases of the project shall be
71.20 submitted to the commissioner and shall be considered as one
71.21 construction project. Once the construction project is
71.22 completed and prior to the final clearance by the commissioner,
71.23 the total project construction costs for the construction
71.24 project shall be submitted to the commissioner. If the final
71.25 project construction cost exceeds the dollar threshold in this
71.26 subdivision, the commissioner of human services shall not
71.27 recognize any of the project construction costs or the related
71.28 financing costs in excess of this threshold in establishing the
71.29 facility's property-related payment rate.
71.30 The dollar thresholds for construction projects are as
71.31 follows: for construction projects other than those authorized
71.32 in clauses (1) to (6), the dollar threshold is $500,000 or 25
71.33 percent of appraised value, whichever is less $750,000. For
71.34 projects authorized after July 1, 1993, under clause (1), the
71.35 dollar threshold is the cost estimate submitted with a proposal
71.36 for an exception under section 144A.073, plus inflation as
72.1 calculated according to section 256B.431, subdivision 3f,
72.2 paragraph (a). For projects authorized under clauses (2) to
72.3 (4), the dollar threshold is the itemized estimate project
72.4 construction costs submitted to the commissioner of health at
72.5 the time of final plan approval, plus inflation as calculated
72.6 according to section 256B.431, subdivision 3f, paragraph (a).
72.7 The commissioner of health shall adopt rules to implement
72.8 this section or to amend the emergency rules for granting
72.9 exceptions to the moratorium on nursing homes under section
72.10 144A.073.
72.11 Sec. 3. Minnesota Statutes 1996, section 144A.073,
72.12 subdivision 2, is amended to read:
72.13 Subd. 2. [REQUEST FOR PROPOSALS.] At the authorization by
72.14 the legislature of additional medical assistance expenditures
72.15 for exceptions to the moratorium on nursing homes, the
72.16 interagency committee shall publish in the State Register a
72.17 request for proposals for nursing home projects to be licensed
72.18 or certified under section 144A.071, subdivision 4a, clause
72.19 (c). The public notice of this funding and the request for
72.20 proposals must specify how the approval criteria will be
72.21 prioritized by the advisory review panel, the interagency
72.22 long-term care planning committee, and the commissioner. The
72.23 notice must describe the information that must accompany a
72.24 request and state that proposals must be submitted to the
72.25 interagency committee within 90 days of the date of
72.26 publication. The notice must include the amount of the
72.27 legislative appropriation available for the additional costs to
72.28 the medical assistance program of projects approved under this
72.29 section. If no money is appropriated for a year, the
72.30 interagency committee shall publish a notice to that effect, and
72.31 no proposals shall be requested. If money is appropriated, the
72.32 interagency committee shall initiate the application and review
72.33 process described in this section at least twice each biennium
72.34 and up to four times each biennium, according to dates
72.35 established by rule. Authorized funds shall be allocated
72.36 proportionally to the number of processes. Funds not encumbered
73.1 by an earlier process within a biennium shall carry forward to
73.2 subsequent iterations of the process. Authorization for
73.3 expenditures does not carry forward into the following
73.4 biennium. To be considered for approval, a proposal must
73.5 include the following information:
73.6 (1) whether the request is for renovation, replacement,
73.7 upgrading, conversion, or relocation;
73.8 (2) a description of the problem the project is designed to
73.9 address;
73.10 (3) a description of the proposed project;
73.11 (4) an analysis of projected costs of the nursing facility
73.12 proposal, which are not required to exceed the cost threshold
73.13 referred to in section 144A.071, subdivision 1, to be considered
73.14 under this section, including initial construction and
73.15 remodeling costs; site preparation costs; financing costs,
73.16 including the current estimated long-term financing costs of the
73.17 proposal, which consists of estimates of the amount and sources
73.18 of money, reserves if required under the proposed funding
73.19 mechanism, annual payments schedule, interest rates, length of
73.20 term, closing costs and fees, insurance costs, and any completed
73.21 marketing study or underwriting review; and estimated operating
73.22 costs during the first two years after completion of the
73.23 project;
73.24 (5) for proposals involving replacement of all or part of a
73.25 facility, the proposed location of the replacement facility and
73.26 an estimate of the cost of addressing the problem through
73.27 renovation;
73.28 (6) for proposals involving renovation, an estimate of the
73.29 cost of addressing the problem through replacement;
73.30 (7) the proposed timetable for commencing construction and
73.31 completing the project;
73.32 (8) a statement of any licensure or certification issues,
73.33 such as certification survey deficiencies;
73.34 (9) the proposed relocation plan for current residents if
73.35 beds are to be closed so that the department of human services
73.36 can estimate the total costs of a proposal; and
74.1 (10) other information required by permanent rule of the
74.2 commissioner of health in accordance with subdivisions 4 and 8.
74.3 Sec. 4. Minnesota Statutes 1996, section 144A.073, is
74.4 amended by adding a subdivision to read:
74.5 Subd. 9. [BUDGET REQUEST.] The commissioner of human
74.6 services, in consultation with the commissioner of finance,
74.7 shall include in each biennial budget request a line item for
74.8 the nursing home moratorium exception process. If the
74.9 commissioner of human services does not request funding for this
74.10 item, the commissioner of human services must justify the
74.11 decision in the budget pages.
74.12 Sec. 5. Minnesota Statutes 1996, section 252.28, is
74.13 amended by adding a subdivision to read:
74.14 Subd. 3a. [LICENSING EXCEPTION.] Notwithstanding the
74.15 provisions of subdivision 3, the commissioner may license
74.16 service sites, each accommodating up to six residents moving
74.17 from a 48-bed intermediate care facility for persons with mental
74.18 retardation or related conditions located in Dakota county that
74.19 is closing under section 252.292.
74.20 Sec. 6. Minnesota Statutes 1996, section 256B.421,
74.21 subdivision 1, is amended to read:
74.22 Subdivision 1. [SCOPE.] For the purposes of this section
74.23 and sections 256B.41, 256B.411, 256B.431, 256B.432,
74.24 256B.433, 256B.434, 256B.47, 256B.48, 256B.50, and 256B.502, the
74.25 following terms and phrases shall have the meaning given to them.
74.26 Sec. 7. Minnesota Statutes 1996, section 256B.431,
74.27 subdivision 25, is amended to read:
74.28 Subd. 25. [CHANGES TO NURSING FACILITY REIMBURSEMENT
74.29 BEGINNING JULY 1, 1995.] The nursing facility reimbursement
74.30 changes in paragraphs (a) to (h) shall apply in the sequence
74.31 specified to Minnesota Rules, parts 9549.0010 to 9549.0080, and
74.32 this section, beginning July 1, 1995.
74.33 (a) The eight-cent adjustment to care-related rates in
74.34 subdivision 22, paragraph (e), shall no longer apply.
74.35 (b) For rate years beginning on or after July 1, 1995, the
74.36 commissioner shall limit a nursing facility's allowable
75.1 operating per diem for each case mix category for each rate year
75.2 as in clauses (1) to (3).
75.3 (1) For the rate year beginning July 1, 1995, the
75.4 commissioner shall group nursing facilities into two groups,
75.5 freestanding and nonfreestanding, within each geographic group,
75.6 using their operating cost per diem for the case mix A
75.7 classification. A nonfreestanding nursing facility is a nursing
75.8 facility whose other operating cost per diem is subject to the
75.9 hospital attached, short length of stay, or the rule 80 limits.
75.10 All other nursing facilities shall be considered freestanding
75.11 nursing facilities. The commissioner shall then array all
75.12 nursing facilities in each grouping by their allowable case mix
75.13 A operating cost per diem. In calculating a nursing facility's
75.14 operating cost per diem for this purpose, the commissioner shall
75.15 exclude the raw food cost per diem related to providing special
75.16 diets that are based on religious beliefs, as determined in
75.17 subdivision 2b, paragraph (h). For those nursing facilities in
75.18 each grouping whose case mix A operating cost per diem:
75.19 (i) is at or below the median minus 1.0 standard deviation
75.20 of the array, the commissioner shall limit the nursing
75.21 facility's allowable operating cost per diem for each case mix
75.22 category to the lesser of the prior reporting year's allowable
75.23 operating cost per diems plus the inflation factor as
75.24 established in paragraph (f), clause (2), increased by six
75.25 percentage points, or the current reporting year's corresponding
75.26 allowable operating cost per diem;
75.27 (ii) is between minus .5 standard deviation and minus 1.0
75.28 standard deviation below the median of the array, the
75.29 commissioner shall limit the nursing facility's allowable
75.30 operating cost per diem for each case mix category to the lesser
75.31 of the prior reporting year's allowable operating cost per diems
75.32 plus the inflation factor as established in paragraph (f),
75.33 clause (2), increased by four percentage points, or the current
75.34 reporting year's corresponding allowable operating cost per
75.35 diem; or
75.36 (iii) is equal to or above minus .5 standard deviation
76.1 below the median of the array, the commissioner shall limit the
76.2 nursing facility's allowable operating cost per diem for each
76.3 case mix category to the lesser of the prior reporting year's
76.4 allowable operating cost per diems plus the inflation factor as
76.5 established in paragraph (f), clause (2), increased by three
76.6 percentage points, or the current reporting year's corresponding
76.7 allowable operating cost per diem.
76.8 (2) For the rate year beginning on July 1, 1996, the
76.9 commissioner shall limit the nursing facility's allowable
76.10 operating cost per diem for each case mix category to the lesser
76.11 of the prior reporting year's allowable operating cost per diems
76.12 plus the inflation factor as established in paragraph (f),
76.13 clause (2), increased by one percentage point or the current
76.14 reporting year's corresponding allowable operating cost per
76.15 diems; and
76.16 (3) For rate years beginning on or after July 1, 1997, the
76.17 commissioner shall limit the nursing facility's allowable
76.18 operating cost per diem for each case mix category to the lesser
76.19 of the reporting year prior to the current reporting year's
76.20 allowable operating cost per diems plus the inflation factor as
76.21 established in paragraph (f), clause (2), or the current
76.22 reporting year's corresponding allowable operating cost per
76.23 diems.
76.24 (c) For rate years beginning on July 1, 1995, the
76.25 commissioner shall limit the allowable operating cost per diems
76.26 for high cost nursing facilities. After application of the
76.27 limits in paragraph (b) to each nursing facility's operating
76.28 cost per diems, the commissioner shall group nursing facilities
76.29 into two groups, freestanding or nonfreestanding, within each
76.30 geographic group. A nonfreestanding nursing facility is a
76.31 nursing facility whose other operating cost per diems are
76.32 subject to hospital attached, short length of stay, or rule 80
76.33 limits. All other nursing facilities shall be considered
76.34 freestanding nursing facilities. The commissioner shall then
76.35 array all nursing facilities within each grouping by their
76.36 allowable case mix A operating cost per diems. In calculating a
77.1 nursing facility's operating cost per diem for this purpose, the
77.2 commissioner shall exclude the raw food cost per diem related to
77.3 providing special diets that are based on religious beliefs, as
77.4 determined in subdivision 2b, paragraph (h). For those nursing
77.5 facilities in each grouping whose case mix A operating cost per
77.6 diem exceeds 1.0 standard deviation above the median, the
77.7 commissioner shall reduce their allowable operating cost per
77.8 diems by two percent. For those nursing facilities in each
77.9 grouping whose case mix A operating cost per diem exceeds 0.5
77.10 standard deviation above the median but is less than or equal to
77.11 1.0 standard deviation above the median, the commissioner shall
77.12 reduce their allowable operating cost per diems by one percent.
77.13 (d) For rate years beginning on or after July 1, 1996, the
77.14 commissioner shall limit the allowable operating cost per diems
77.15 for high cost nursing facilities. After application of the
77.16 limits in paragraph (b) to each nursing facility's operating
77.17 cost per diems, the commissioner shall group nursing facilities
77.18 into two groups, freestanding or nonfreestanding, within each
77.19 geographic group. A nonfreestanding nursing facility is a
77.20 nursing facility whose other operating cost per diems are
77.21 subject to hospital attached, short length of stay, or rule 80
77.22 limits. All other nursing facilities shall be considered
77.23 freestanding nursing facilities. The commissioner shall then
77.24 array all nursing facilities within each grouping by their
77.25 allowable case mix A operating cost per diems. In calculating a
77.26 nursing facility's operating cost per diem for this purpose, the
77.27 commissioner shall exclude the raw food cost per diem related to
77.28 providing special diets that are based on religious beliefs, as
77.29 determined in subdivision 2b, paragraph (h). In those nursing
77.30 facilities in each grouping whose case mix A operating cost per
77.31 diem exceeds 1.0 standard deviation above the median, the
77.32 commissioner shall reduce their allowable operating cost per
77.33 diems by three percent. For those nursing facilities in each
77.34 grouping whose case mix A operating cost per diem exceeds 0.5
77.35 standard deviation above the median but is less than or equal to
77.36 1.0 standard deviation above the median, the commissioner shall
78.1 reduce their allowable operating cost per diems by two percent.
78.2 (e) For rate years beginning on or after July 1, 1995, the
78.3 commissioner shall determine a nursing facility's efficiency
78.4 incentive by first computing the allowable difference, which is
78.5 the lesser of $4.50 or the amount by which the facility's other
78.6 operating cost limit exceeds its nonadjusted other operating
78.7 cost per diem for that rate year. The commissioner shall
78.8 compute the efficiency incentive by:
78.9 (1) subtracting the allowable difference from $4.50 and
78.10 dividing the result by $4.50;
78.11 (2) multiplying 0.20 by the ratio resulting from clause
78.12 (1), and then;
78.13 (3) adding 0.50 to the result from clause (2); and
78.14 (4) multiplying the result from clause (3) times the
78.15 allowable difference.
78.16 The nursing facility's efficiency incentive payment shall
78.17 be the lesser of $2.25 or the product obtained in clause (4).
78.18 (f) For rate years beginning on or after July 1, 1995, the
78.19 forecasted price index for a nursing facility's allowable
78.20 operating cost per diems shall be determined under clauses (1)
78.21 to (3) using the change in the Consumer Price Index-All Items
78.22 (United States city average) (CPI-U) or the change in the
78.23 Nursing Home Market Basket, both as forecasted by Data Resources
78.24 Inc., whichever is applicable. The commissioner shall use the
78.25 indices as forecasted in the fourth quarter of the calendar year
78.26 preceding the rate year, subject to subdivision 2l, paragraph
78.27 (c). If, as a result of federal legislative or administrative
78.28 action, the methodology used to calculate the Consumer Price
78.29 Index-All Items (United States city average) (CPI-U) changes,
78.30 the commissioner shall develop a conversion factor or other
78.31 methodology to convert the CPI-U index factor that results from
78.32 the new methodology to an index factor that approximates, as
78.33 closely as possible, the index factor that would have resulted
78.34 from application of the original CPI-U methodology prior to any
78.35 changes in methodology. The commissioner shall use the
78.36 conversion factor or other methodology to calculate an adjusted
79.1 inflation index. The adjusted inflation index must be used to
79.2 calculate payment rates under this section instead of the CPI-U
79.3 index specified in paragraph (d). If the commissioner is
79.4 required to develop an adjusted inflation index, the
79.5 commissioner shall report to the legislature as part of the next
79.6 budget submission the fiscal impact of applying this index.
79.7 (1) The CPI-U forecasted index for allowable operating cost
79.8 per diems shall be based on the 21-month period from the
79.9 midpoint of the nursing facility's reporting year to the
79.10 midpoint of the rate year following the reporting year.
79.11 (2) The Nursing Home Market Basket forecasted index for
79.12 allowable operating costs and per diem limits shall be based on
79.13 the 12-month period between the midpoints of the two reporting
79.14 years preceding the rate year.
79.15 (3) For rate years beginning on or after July 1, 1996, the
79.16 forecasted index for operating cost limits referred to in
79.17 subdivision 21, paragraph (b), shall be based on the CPI-U for
79.18 the 12-month period between the midpoints of the two reporting
79.19 years preceding the rate year.
79.20 (g) After applying these provisions for the respective rate
79.21 years, the commissioner shall index these allowable operating
79.22 costs per diems by the inflation factor provided for in
79.23 paragraph (f), clause (1), and add the nursing facility's
79.24 efficiency incentive as computed in paragraph (e).
79.25 (h)(1) A nursing facility licensed for 302 beds on
79.26 September 30, 1993, that was approved under the moratorium
79.27 exception process in section 144A.073 for a partial replacement,
79.28 and completed the replacement project in December 1994, is
79.29 exempt from paragraphs (b) to (d) for rate years beginning on or
79.30 after July 1, 1995.
79.31 (2) For the rate year beginning July 1, 1997, after
79.32 computing this nursing facility's payment rate according to
79.33 section 256B.434, the commissioner shall make a one-year rate
79.34 adjustment of $8.62 to the facility's contract payment rate for
79.35 the rate effect of operating cost changes associated with the
79.36 facility's 1994 downsizing project.
80.1 (3) For rate years beginning on or after July 1, 1997, the
80.2 commissioner shall add 35 cents to the facility's base property
80.3 related payment rate for the rate effect of reducing its
80.4 licensed capacity to 290 beds from 302 beds and shall add 83
80.5 cents to the facility's real estate tax and special assessment
80.6 payment rate for payments in lieu of real estate taxes. The
80.7 adjustments in this clause shall remain in effect for the
80.8 duration of the facility's contract under section 256B.434.
80.9 (i) Notwithstanding Laws 1996, chapter 451, article 3,
80.10 section 11, paragraph (h), for the rate years beginning on July
80.11 1, 1996, July 1, 1997, and July 1, 1998, a nursing facility
80.12 licensed for 40 beds effective May 1, 1992, with a subsequent
80.13 increase of 20 Medicare/Medicaid certified beds, effective
80.14 January 26, 1993, in accordance with an increase in licensure is
80.15 exempt from paragraphs (b) to (d).
80.16 Sec. 8. Minnesota Statutes 1996, section 256B.431, is
80.17 amended by adding a subdivision to read:
80.18 Subd. 26. [CHANGES TO NURSING FACILITY REIMBURSEMENT
80.19 BEGINNING JULY 1, 1997.] The nursing facility reimbursement
80.20 changes in paragraphs (a) to (f) shall apply in the sequence
80.21 specified in Minnesota Rules, parts 9549.0010 to 9549.0080, and
80.22 this section, beginning July 1, 1997.
80.23 (a) For rate years beginning on or after July 1, 1997, the
80.24 commissioner shall limit a nursing facility's allowable
80.25 operating per diem for each case mix category for each rate year.
80.26 The commissioner shall group nursing facilities into two groups,
80.27 freestanding and nonfreestanding, within each geographic group,
80.28 using their operating cost per diem for the case mix A
80.29 classification. A nonfreestanding nursing facility is a nursing
80.30 facility whose other operating cost per diem is subject to the
80.31 hospital attached, short length of stay, or the rule 80 limits.
80.32 All other nursing facilities shall be considered freestanding
80.33 nursing facilities. The commissioner shall then array all
80.34 nursing facilities in each grouping by their allowable case mix
80.35 A operating cost per diem. In calculating a nursing facility's
80.36 operating cost per diem for this purpose, the commissioner shall
81.1 exclude the raw food cost per diem related to providing special
81.2 diets that are based on religious beliefs, as determined in
81.3 subdivision 2b, paragraph (h). For those nursing facilities in
81.4 each grouping whose case mix A operating cost per diem:
81.5 (1) is at or below the median of the array, the
81.6 commissioner shall limit the nursing facility's allowable
81.7 operating cost per diem for each case mix category to the lesser
81.8 of the prior reporting year's allowable operating cost per diem
81.9 as specified in Laws 1996, chapter 451, article 3, section 11,
81.10 paragraph (h), plus the inflation factor as established in
81.11 paragraph (d), clause (2), increased by two percentage points,
81.12 or the current reporting year's corresponding allowable
81.13 operating cost per diem; or
81.14 (2) is above the median of the array, the commissioner
81.15 shall limit the nursing facility's allowable operating cost per
81.16 diem for each case mix category to the lesser of the prior
81.17 reporting year's allowable operating cost per diem as specified
81.18 in Laws 1996, chapter 451, article 3, section 11, paragraph (h),
81.19 plus the inflation factor as established in paragraph (d),
81.20 clause (2), increased by one percentage point, or the current
81.21 reporting year's corresponding allowable operating cost per diem.
81.22 (b) For rate years beginning on or after July 1, 1997, the
81.23 commissioner shall limit the allowable operating cost per diem
81.24 for high cost nursing facilities. After application of the
81.25 limits in paragraph (a) to each nursing facility's operating
81.26 cost per diem, the commissioner shall group nursing facilities
81.27 into two groups, freestanding or nonfreestanding, within each
81.28 geographic group. A nonfreestanding nursing facility is a
81.29 nursing facility whose other operating cost per diem are subject
81.30 to hospital attached, short length of stay, or rule 80 limits.
81.31 All other nursing facilities shall be considered freestanding
81.32 nursing facilities. The commissioner shall then array all
81.33 nursing facilities within each grouping by their allowable case
81.34 mix A operating cost per diem. In calculating a nursing
81.35 facility's operating cost per diem for this purpose, the
81.36 commissioner shall exclude the raw food cost per diem related to
82.1 providing special diets that are based on religious beliefs, as
82.2 determined in subdivision 2b, paragraph (h). For those nursing
82.3 facilities in each grouping whose case mix A operating cost per
82.4 diem exceeds 1.0 standard deviation above the median, the
82.5 commissioner shall reduce their allowable operating cost per
82.6 diem by three percent. For those nursing facilities in each
82.7 grouping whose case mix A operating cost per diem exceeds 0.5
82.8 standard deviation above the median but is less than or equal to
82.9 1.0 standard deviation above the median, the commissioner shall
82.10 reduce their allowable operating cost per diem by two percent.
82.11 However, in no case shall a nursing facility's operating cost
82.12 per diem be reduced below its grouping's limit established at
82.13 0.5 standard deviations above the median.
82.14 (c) For rate years beginning on or after July 1, 1997, the
82.15 commissioner shall determine a nursing facility's efficiency
82.16 incentive by first computing the allowable difference, which is
82.17 the lesser of $4.50 or the amount by which the facility's other
82.18 operating cost limit exceeds its nonadjusted other operating
82.19 cost per diem for that rate year. The commissioner shall
82.20 compute the efficiency incentive by:
82.21 (1) subtracting the allowable difference from $4.50 and
82.22 dividing the result by $4.50;
82.23 (2) multiplying 0.20 by the ratio resulting from clause
82.24 (1), and then;
82.25 (3) adding 0.50 to the result from clause (2); and
82.26 (4) multiplying the result from clause (3) times the
82.27 allowable difference.
82.28 The nursing facility's efficiency incentive payment shall
82.29 be the lesser of $2.25 or the product obtained in clause (4).
82.30 (d) For rate years beginning on or after July 1, 1997, the
82.31 forecasted price index for a nursing facility's allowable
82.32 operating cost per diem shall be determined under clauses (1)
82.33 and (2) using the change in the Consumer Price Index-All Items
82.34 (United States city average) (CPI-U) as forecasted by Data
82.35 Resources, Inc. The commissioner shall use the indices as
82.36 forecasted in the fourth quarter of the calendar year preceding
83.1 the rate year, subject to subdivision 2l, paragraph (c).
83.2 (1) The CPI-U forecasted index for allowable operating cost
83.3 per diem shall be based on the 21-month period from the midpoint
83.4 of the nursing facility's reporting year to the midpoint of the
83.5 rate year following the reporting year.
83.6 (2) For rate years beginning on or after July 1, 1997, the
83.7 forecasted index for operating cost limits referred to in
83.8 subdivision 21, paragraph (b), shall be based on the CPI-U for
83.9 the 12-month period between the midpoints of the two reporting
83.10 years preceding the rate year.
83.11 (e) After applying these provisions for the respective rate
83.12 years, the commissioner shall index these allowable operating
83.13 cost per diem by the inflation factor provided for in paragraph
83.14 (d), clause (1), and add the nursing facility's efficiency
83.15 incentive as computed in paragraph (c).
83.16 (f) For rate years beginning on or after July 1, 1997, the
83.17 total operating cost payment rates for a nursing facility shall
83.18 be the greater of the total operating cost payment rates
83.19 determined under this section or the total operating cost
83.20 payment rates in effect on June 30, 1997, subject to rate
83.21 adjustments due to field audit or rate appeal resolution. This
83.22 provision shall not apply to subsequent field audit adjustments
83.23 of the nursing facility's operating cost rates for rate years
83.24 beginning on or after July 1, 1997.
83.25 (g) For the rate years beginning on July 1, 1997, and July
83.26 1, 1998, a nursing facility licensed for 40 beds effective May
83.27 1, 1992, with a subsequent increase of 20 Medicare/Medicaid
83.28 certified beds, effective January 26, 1993, in accordance with
83.29 an increase in licensure is exempt from paragraphs (a) and (b).
83.30 (h) For a nursing facility whose construction project was
83.31 authorized according to section 144A.073, subdivision 5,
83.32 paragraph (g), the operating cost payment rates for the third
83.33 location shall be determined based on Minnesota Rules, part
83.34 9549.0057. Paragraphs (a) and (b) shall not apply until the
83.35 second rate year after the settle-up cost report is filed.
83.36 Notwithstanding subdivision 2b, paragraph (g), real estate taxes
84.1 and special assessments payable by the third location, a
84.2 501(c)(3) nonprofit corporation, shall be included in the
84.3 payment rates determined under this subdivision for all
84.4 subsequent rate years.
84.5 (i) For the rate year beginning July 1, 1997, the
84.6 commissioner shall compute the payment rate for a nursing
84.7 facility licensed for 94 beds on September 30, 1996, that
84.8 applied in October 1993 for approval of a total replacement
84.9 under the moratorium exception process in section 144A.073, and
84.10 completed the approved replacement in June 1995, with other
84.11 operating cost spend-up limit under paragraph (a), increased by
84.12 $3.98, and after computing the facility's payment rate according
84.13 to this section, the commissioner shall make a one-year positive
84.14 rate adjustment of $3.19 for operating costs related to the
84.15 newly constructed total replacement, without application of
84.16 paragraphs (a) and (b). The facility's per diem, before the
84.17 $3.19 adjustment, shall be used as the prior reporting year's
84.18 allowable operating cost per diem for payment rate calculation
84.19 for the rate year beginning July 1, 1998. A facility described
84.20 in this paragraph is exempt from paragraph (b) for the rate
84.21 years beginning July 1, 1997, and July 1, 1998.
84.22 (j) For the purpose of applying the limit stated in
84.23 paragraph (a), a nursing facility in Kandiyohi county licensed
84.24 for 86 beds that was granted hospital-attached status on
84.25 December 1, 1994, shall have the prior year's allowable
84.26 care-related per diem increased by $3.207 and the prior year's
84.27 other operating cost per diem increased by $4.777 before adding
84.28 the inflation in paragraph (d), clause (2), for the rate year
84.29 beginning on July 1, 1997.
84.30 (k) For the purpose of applying the limit stated in
84.31 paragraph (a), a 117 bed nursing facility located in Pine county
84.32 shall have the prior year's allowable other operating cost per
84.33 diem increased by $1.50 before adding the inflation in paragraph
84.34 (d), clause (2), for the rate year beginning on July 1, 1997.
84.35 (l) For the purpose of applying the limit under paragraph
84.36 (a), a nursing facility in Hibbing licensed for 192 beds shall
85.1 have the prior year's allowable other operating cost per diem
85.2 increased by $2.67 before adding the inflation in paragraph (d),
85.3 clause (2), for the rate year beginning July 1, 1997.
85.4 Sec. 9. Minnesota Statutes 1996, section 256B.433, is
85.5 amended by adding a subdivision to read:
85.6 Subd. 3a. [EXEMPTION FROM REQUIREMENT FOR SEPARATE THERAPY
85.7 BILLING.] The provisions of subdivision 3 do not apply to
85.8 nursing facilities that are reimbursed according to the
85.9 provisions of section 256B.431 and are located in a county
85.10 participating in the prepaid medical assistance program.
85.11 Sec. 10. Minnesota Statutes 1996, section 256B.434,
85.12 subdivision 3, is amended to read:
85.13 Subd. 3. [DURATION AND TERMINATION OF CONTRACTS.] (a)
85.14 Subject to available resources, the commissioner may begin to
85.15 execute contracts with nursing facilities November 1, 1995.
85.16 (b) All contracts entered into under this section are for a
85.17 term of four years one year. Either party may terminate a
85.18 contract effective July 1 of any year by providing written
85.19 notice to the other party no later than April 1 of that year at
85.20 any time without cause by providing 30 calendar days advance
85.21 written notice to the other party. The decision to terminate a
85.22 contract is not appealable. If neither party provides written
85.23 notice of termination by April 1, the contract is automatically
85.24 renewed for the next rate year the contract shall be
85.25 renegotiated for additional one-year terms, for up to a total of
85.26 four consecutive one-year terms. The provisions of the contract
85.27 shall be renegotiated annually by the parties prior to the
85.28 expiration date of the contract. The parties may voluntarily
85.29 renegotiate the terms of the contract at any time by mutual
85.30 agreement.
85.31 (c) If a nursing facility fails to comply with the terms of
85.32 a contract, the commissioner shall provide reasonable notice
85.33 regarding the breach of contract and a reasonable opportunity
85.34 for the facility to come into compliance. If the facility fails
85.35 to come into compliance or to remain in compliance, the
85.36 commissioner may terminate the contract. If a contract is
86.1 terminated, the contract payment remains in effect for the
86.2 remainder of the rate year in which the contract was terminated,
86.3 but in all other respects the provisions of this section do not
86.4 apply to that facility effective the date the contract is
86.5 terminated. The contract shall contain a provision governing
86.6 the transition back to the cost-based reimbursement system
86.7 established under section 256B.431, subdivision 25, and
86.8 Minnesota Rules, parts 9549.0010 to 9549.0080. A contract
86.9 entered into under this section may be amended by mutual
86.10 agreement of the parties.
86.11 Sec. 11. Minnesota Statutes 1996, section 256B.434,
86.12 subdivision 9, is amended to read:
86.13 Subd. 9. [MANAGED CARE CONTRACTS FOR OTHER SERVICES.]
86.14 Beginning July 1, 1995, the commissioner may contract with
86.15 nursing facilities that have entered into alternative payment
86.16 demonstration project contracts under this section to provide
86.17 medical assistance services other than nursing facility care to
86.18 residents of the facility under a prepaid, managed care payment
86.19 system. For purposes of contracts entered into under this
86.20 subdivision, the commissioner may waive one or more of the
86.21 requirements for payment for ancillary services in section
86.22 256B.433. Managed care contracts for other services may be
86.23 entered into at any time during the duration of a nursing
86.24 facility's alternative payment demonstration project contract,
86.25 and the terms of the managed care contracts need not coincide
86.26 with the terms of the alternative payment demonstration project
86.27 contract.
86.28 Sec. 12. Minnesota Statutes 1996, section 256B.434,
86.29 subdivision 10, is amended to read:
86.30 Subd. 10. [EXEMPTIONS.] (a) To the extent permitted by
86.31 federal law, (1) a facility that has entered into a contract
86.32 under this section is not required to file a cost report, as
86.33 defined in Minnesota Rules, part 9549.0020, subpart 13, for any
86.34 year after the base year that is the basis for the calculation
86.35 of the contract payment rate for the first rate year of the
86.36 alternative payment demonstration project contract; and (2) a
87.1 facility under contract is not subject to audits of historical
87.2 costs or revenues, or paybacks or retroactive adjustments based
87.3 on these costs or revenues, except audits, paybacks, or
87.4 adjustments relating to the cost report that is the basis for
87.5 calculation of the first rate year under the contract.
87.6 (b) A facility that is under contract with the commissioner
87.7 under this section is not subject to the moratorium on licensure
87.8 or certification of new nursing home beds in section 144A.071,
87.9 unless the project results in a net increase in bed capacity or
87.10 involves relocation of beds from one site to another. Contract
87.11 payment rates must not be adjusted to reflect any additional
87.12 costs that a nursing facility incurs as a result of a
87.13 construction project undertaken under this paragraph. In
87.14 addition, as a condition of entering into a contract under this
87.15 section, a nursing facility must agree that any future medical
87.16 assistance payments for nursing facility services will not
87.17 reflect any additional costs attributable to the sale of a
87.18 nursing facility under this section and to construction
87.19 undertaken under this paragraph that otherwise would not be
87.20 authorized under the moratorium in section 144A.073. Nothing in
87.21 this section prevents a nursing facility participating in the
87.22 alternative payment demonstration project under this section
87.23 from seeking approval of an exception to the moratorium through
87.24 the process established in section 144A.073, and if approved the
87.25 facility's rates shall be adjusted to reflect the cost of the
87.26 project.
87.27 (c) Notwithstanding section 256B.48, subdivision 6,
87.28 paragraphs (c), (d), and (e), and pursuant to any terms and
87.29 conditions contained in the facility's contract, a nursing
87.30 facility that is under contract with the commissioner under this
87.31 section is in compliance with section 256B.48, subdivision 6,
87.32 paragraph (b), if the facility is Medicare certified.
87.33 (d) Notwithstanding paragraph (a), if by April 1, 1996, the
87.34 health care financing administration has not approved a required
87.35 waiver, or the health care financing administration otherwise
87.36 requires cost reports to be filed prior to the waiver's
88.1 approval, the commissioner shall require a cost report for the
88.2 rate year.
88.3 (e) A facility that is under contract with the commissioner
88.4 under this section shall be allowed to change therapy
88.5 arrangements from an unrelated vendor to a related vendor during
88.6 the term of the contract. The commissioner may develop
88.7 reasonable requirements designed to prevent an increase in
88.8 therapy utilization for residents enrolled in the medical
88.9 assistance program.
88.10 Sec. 13. Minnesota Statutes 1996, section 256I.05, is
88.11 amended by adding a subdivision to read:
88.12 Subd. 1d. [SUPPLEMENTARY SERVICE RATES FOR CERTAIN
88.13 FACILITIES SERVING PERSONS WITH MENTAL ILLNESS OR CHEMICAL
88.14 DEPENDENCY.] Notwithstanding the provisions of subdivisions 1a
88.15 and 1c for the fiscal year ending June 30, 1998, a county agency
88.16 may negotiate a supplementary service rate in addition to the
88.17 board and lodging rate for facilities licensed and registered by
88.18 the Minnesota department of health under section 157.17 prior to
88.19 December 31, 1994, if the facility meets the following criteria:
88.20 (1) at least 75 percent of the residents have a primary
88.21 diagnosis of mental illness, chemical dependency, or both, and
88.22 have related special needs;
88.23 (2) the facility provides 24-hour, on-site, year-round
88.24 supportive services by qualified staff capable of intervention
88.25 in a crisis of persons with late-state inebriety or mental
88.26 illness who are vulnerable to abuse or neglect;
88.27 (3) the services at the facility include, but are not
88.28 limited to:
88.29 (i) secure central storage of medication;
88.30 (ii) reminders and monitoring of medication for
88.31 self-administration;
88.32 (iii) support for developing an individual medical and
88.33 social service plan, updating the plan, and monitoring
88.34 compliance with the plan; and
88.35 (iv) assistance with setting up meetings, appointments, and
88.36 transportation to access medical, chemical health, and mental
89.1 health service providers;
89.2 (4) each resident has a documented need for at least one of
89.3 the services provided;
89.4 (5) each resident has been offered an opportunity to apply
89.5 for admission to a licensed residential treatment program for
89.6 mental illness, chemical dependency, or both, have refused that
89.7 offer, and the offer and their refusal has been documented to
89.8 writing; and
89.9 (6) the residents are not eligible for home and
89.10 community-based services waivers because of their unique need
89.11 for community support.
89.12 The total supplementary service rate must not exceed $575.
89.13 Sec. 14. Laws 1997, chapter 7, article 1, section 75, is
89.14 amended to read:
89.15 Sec. 75. [REPEALER; SECTION 144A.61, SUBDIVISION 6 NOTE.]
89.16 Laws 1989, chapter 282, article 3, section 28, subdivision
89.17 6, is repealed.
89.18 Sec. 15. Minnesota Statutes 1996, section 144A.071,
89.19 subdivision 4a, as amended by Laws 1997, chapter 105, section 1,
89.20 is amended to read:
89.21 Subd. 4a. [EXCEPTIONS FOR REPLACEMENT BEDS.] It is in the
89.22 best interest of the state to ensure that nursing homes and
89.23 boarding care homes continue to meet the physical plant
89.24 licensing and certification requirements by permitting certain
89.25 construction projects. Facilities should be maintained in
89.26 condition to satisfy the physical and emotional needs of
89.27 residents while allowing the state to maintain control over
89.28 nursing home expenditure growth.
89.29 The commissioner of health in coordination with the
89.30 commissioner of human services, may approve the renovation,
89.31 replacement, upgrading, or relocation of a nursing home or
89.32 boarding care home, under the following conditions:
89.33 (a) to license or certify beds in a new facility
89.34 constructed to replace a facility or to make repairs in an
89.35 existing facility that was destroyed or damaged after June 30,
89.36 1987, by fire, lightning, or other hazard provided:
90.1 (i) destruction was not caused by the intentional act of or
90.2 at the direction of a controlling person of the facility;
90.3 (ii) at the time the facility was destroyed or damaged the
90.4 controlling persons of the facility maintained insurance
90.5 coverage for the type of hazard that occurred in an amount that
90.6 a reasonable person would conclude was adequate;
90.7 (iii) the net proceeds from an insurance settlement for the
90.8 damages caused by the hazard are applied to the cost of the new
90.9 facility or repairs;
90.10 (iv) the new facility is constructed on the same site as
90.11 the destroyed facility or on another site subject to the
90.12 restrictions in section 144A.073, subdivision 5;
90.13 (v) the number of licensed and certified beds in the new
90.14 facility does not exceed the number of licensed and certified
90.15 beds in the destroyed facility; and
90.16 (vi) the commissioner determines that the replacement beds
90.17 are needed to prevent an inadequate supply of beds.
90.18 Project construction costs incurred for repairs authorized under
90.19 this clause shall not be considered in the dollar threshold
90.20 amount defined in subdivision 2;
90.21 (b) to license or certify beds that are moved from one
90.22 location to another within a nursing home facility, provided the
90.23 total costs of remodeling performed in conjunction with the
90.24 relocation of beds does not exceed 25 percent of the appraised
90.25 value of the facility or $500,000, whichever is less $750,000;
90.26 (c) to license or certify beds in a project recommended for
90.27 approval under section 144A.073;
90.28 (d) to license or certify beds that are moved from an
90.29 existing state nursing home to a different state facility,
90.30 provided there is no net increase in the number of state nursing
90.31 home beds;
90.32 (e) to certify and license as nursing home beds boarding
90.33 care beds in a certified boarding care facility if the beds meet
90.34 the standards for nursing home licensure, or in a facility that
90.35 was granted an exception to the moratorium under section
90.36 144A.073, and if the cost of any remodeling of the facility does
91.1 not exceed 25 percent of the appraised value of the facility or
91.2 $500,000, whichever is less $750,000. If boarding care beds are
91.3 licensed as nursing home beds, the number of boarding care beds
91.4 in the facility must not increase beyond the number remaining at
91.5 the time of the upgrade in licensure. The provisions contained
91.6 in section 144A.073 regarding the upgrading of the facilities do
91.7 not apply to facilities that satisfy these requirements;
91.8 (f) to license and certify up to 40 beds transferred from
91.9 an existing facility owned and operated by the Amherst H. Wilder
91.10 Foundation in the city of St. Paul to a new unit at the same
91.11 location as the existing facility that will serve persons with
91.12 Alzheimer's disease and other related disorders. The transfer
91.13 of beds may occur gradually or in stages, provided the total
91.14 number of beds transferred does not exceed 40. At the time of
91.15 licensure and certification of a bed or beds in the new unit,
91.16 the commissioner of health shall delicense and decertify the
91.17 same number of beds in the existing facility. As a condition of
91.18 receiving a license or certification under this clause, the
91.19 facility must make a written commitment to the commissioner of
91.20 human services that it will not seek to receive an increase in
91.21 its property-related payment rate as a result of the transfers
91.22 allowed under this paragraph;
91.23 (g) to license and certify nursing home beds to replace
91.24 currently licensed and certified boarding care beds which may be
91.25 located either in a remodeled or renovated boarding care or
91.26 nursing home facility or in a remodeled, renovated, newly
91.27 constructed, or replacement nursing home facility within the
91.28 identifiable complex of health care facilities in which the
91.29 currently licensed boarding care beds are presently located,
91.30 provided that the number of boarding care beds in the facility
91.31 or complex are decreased by the number to be licensed as nursing
91.32 home beds and further provided that, if the total costs of new
91.33 construction, replacement, remodeling, or renovation exceed ten
91.34 percent of the appraised value of the facility or $200,000,
91.35 whichever is less, the facility makes a written commitment to
91.36 the commissioner of human services that it will not seek to
92.1 receive an increase in its property-related payment rate by
92.2 reason of the new construction, replacement, remodeling, or
92.3 renovation. The provisions contained in section 144A.073
92.4 regarding the upgrading of facilities do not apply to facilities
92.5 that satisfy these requirements;
92.6 (h) to license as a nursing home and certify as a nursing
92.7 facility a facility that is licensed as a boarding care facility
92.8 but not certified under the medical assistance program, but only
92.9 if the commissioner of human services certifies to the
92.10 commissioner of health that licensing the facility as a nursing
92.11 home and certifying the facility as a nursing facility will
92.12 result in a net annual savings to the state general fund of
92.13 $200,000 or more;
92.14 (i) to certify, after September 30, 1992, and prior to July
92.15 1, 1993, existing nursing home beds in a facility that was
92.16 licensed and in operation prior to January 1, 1992;
92.17 (j) to license and certify new nursing home beds to replace
92.18 beds in a facility condemned as part of an economic
92.19 redevelopment plan in a city of the first class, provided the
92.20 new facility is located within one mile of the site of the old
92.21 facility. Operating and property costs for the new facility
92.22 must be determined and allowed under existing reimbursement
92.23 rules;
92.24 (k) to license and certify up to 20 new nursing home beds
92.25 in a community-operated hospital and attached convalescent and
92.26 nursing care facility with 40 beds on April 21, 1991, that
92.27 suspended operation of the hospital in April 1986. The
92.28 commissioner of human services shall provide the facility with
92.29 the same per diem property-related payment rate for each
92.30 additional licensed and certified bed as it will receive for its
92.31 existing 40 beds;
92.32 (l) to license or certify beds in renovation, replacement,
92.33 or upgrading projects as defined in section 144A.073,
92.34 subdivision 1, so long as the cumulative total costs of the
92.35 facility's remodeling projects do not exceed 25 percent of the
92.36 appraised value of the facility or $500,000, whichever is less
93.1 $750,000;
93.2 (m) to license and certify beds that are moved from one
93.3 location to another for the purposes of converting up to five
93.4 four-bed wards to single or double occupancy rooms in a nursing
93.5 home that, as of January 1, 1993, was county-owned and had a
93.6 licensed capacity of 115 beds;
93.7 (n) to allow a facility that on April 16, 1993, was a
93.8 106-bed licensed and certified nursing facility located in
93.9 Minneapolis to layaway all of its licensed and certified nursing
93.10 home beds. These beds may be relicensed and recertified in a
93.11 newly-constructed teaching nursing home facility affiliated with
93.12 a teaching hospital upon approval by the legislature. The
93.13 proposal must be developed in consultation with the interagency
93.14 committee on long-term care planning. The beds on layaway
93.15 status shall have the same status as voluntarily delicensed and
93.16 decertified beds, except that beds on layaway status remain
93.17 subject to the surcharge in section 256.9657. This layaway
93.18 provision expires July 1, 1997 1998;
93.19 (o) to allow a project which will be completed in
93.20 conjunction with an approved moratorium exception project for a
93.21 nursing home in southern Cass county and which is directly
93.22 related to that portion of the facility that must be repaired,
93.23 renovated, or replaced, to correct an emergency plumbing problem
93.24 for which a state correction order has been issued and which
93.25 must be corrected by August 31, 1993;
93.26 (p) to allow a facility that on April 16, 1993, was a
93.27 368-bed licensed and certified nursing facility located in
93.28 Minneapolis to layaway, upon 30 days prior written notice to the
93.29 commissioner, up to 30 of the facility's licensed and certified
93.30 beds by converting three-bed wards to single or double
93.31 occupancy. Beds on layaway status shall have the same status as
93.32 voluntarily delicensed and decertified beds except that beds on
93.33 layaway status remain subject to the surcharge in section
93.34 256.9657, remain subject to the license application and renewal
93.35 fees under section 144A.07 and shall be subject to a $100 per
93.36 bed reactivation fee. In addition, at any time within three
94.1 years of the effective date of the layaway, the beds on layaway
94.2 status may be:
94.3 (1) relicensed and recertified upon relocation and
94.4 reactivation of some or all of the beds to an existing licensed
94.5 and certified facility or facilities located in Pine River,
94.6 Brainerd, or International Falls; provided that the total
94.7 project construction costs related to the relocation of beds
94.8 from layaway status for any facility receiving relocated beds
94.9 may not exceed the dollar threshold provided in subdivision 2
94.10 unless the construction project has been approved through the
94.11 moratorium exception process under section 144A.073;
94.12 (2) relicensed and recertified, upon reactivation of some
94.13 or all of the beds within the facility which placed the beds in
94.14 layaway status, if the commissioner has determined a need for
94.15 the reactivation of the beds on layaway status.
94.16 The property-related payment rate of a facility placing
94.17 beds on layaway status must be adjusted by the incremental
94.18 change in its rental per diem after recalculating the rental per
94.19 diem as provided in section 256B.431, subdivision 3a, paragraph
94.20 (d). The property-related payment rate for a facility
94.21 relicensing and recertifying beds from layaway status must be
94.22 adjusted by the incremental change in its rental per diem after
94.23 recalculating its rental per diem using the number of beds after
94.24 the relicensing to establish the facility's capacity day
94.25 divisor, which shall be effective the first day of the month
94.26 following the month in which the relicensing and recertification
94.27 became effective. Any beds remaining on layaway status more
94.28 than three years after the date the layaway status became
94.29 effective must be removed from layaway status and immediately
94.30 delicensed and decertified;
94.31 (q) to license and certify beds in a renovation and
94.32 remodeling project to convert 13 three-bed wards into 13 two-bed
94.33 rooms and 13 single-bed rooms, expand space, and add
94.34 improvements in a nursing home that, as of January 1, 1994, met
94.35 the following conditions: the nursing home was located in
94.36 Ramsey county; was not owned by a hospital corporation; had a
95.1 licensed capacity of 64 beds; and had been ranked among the top
95.2 15 applicants by the 1993 moratorium exceptions advisory review
95.3 panel. The total project construction cost estimate for this
95.4 project must not exceed the cost estimate submitted in
95.5 connection with the 1993 moratorium exception process;
95.6 (r) to license and certify beds in a renovation and
95.7 remodeling project to convert 12 four-bed wards into 24 two-bed
95.8 rooms, expand space, and add improvements in a nursing home
95.9 that, as of January 1, 1994, met the following conditions: the
95.10 nursing home was located in Ramsey county; had a licensed
95.11 capacity of 154 beds; and had been ranked among the top 15
95.12 applicants by the 1993 moratorium exceptions advisory review
95.13 panel. The total project construction cost estimate for this
95.14 project must not exceed the cost estimate submitted in
95.15 connection with the 1993 moratorium exception process;
95.16 (s) (r) to license and certify up to 117 beds that are
95.17 relocated from a licensed and certified 138-bed nursing facility
95.18 located in St. Paul to a hospital with 130 licensed hospital
95.19 beds located in South St. Paul, provided that the nursing
95.20 facility and hospital are owned by the same or a related
95.21 organization and that prior to the date the relocation is
95.22 completed the hospital ceases operation of its inpatient
95.23 hospital services at that hospital. After relocation, the
95.24 nursing facility's status under section 256B.431, subdivision
95.25 2j, shall be the same as it was prior to relocation. The
95.26 nursing facility's property-related payment rate resulting from
95.27 the project authorized in this paragraph shall become effective
95.28 no earlier than April 1, 1996. For purposes of calculating the
95.29 incremental change in the facility's rental per diem resulting
95.30 from this project, the allowable appraised value of the nursing
95.31 facility portion of the existing health care facility physical
95.32 plant prior to the renovation and relocation may not exceed
95.33 $2,490,000;
95.34 (t) (s) to license and certify two beds in a facility to
95.35 replace beds that were voluntarily delicensed and decertified on
95.36 June 28, 1991;
96.1 (u) (t) to allow 16 licensed and certified beds located on
96.2 July 1, 1994, in a 142-bed nursing home and 21-bed boarding care
96.3 home facility in Minneapolis, notwithstanding the licensure and
96.4 certification after July 1, 1995, of the Minneapolis facility as
96.5 a 147-bed nursing home facility after completion of a
96.6 construction project approved in 1993 under section 144A.073, to
96.7 be laid away upon 30 days' prior written notice to the
96.8 commissioner. Beds on layaway status shall have the same status
96.9 as voluntarily delicensed or decertified beds except that they
96.10 shall remain subject to the surcharge in section 256.9657. The
96.11 16 beds on layaway status may be relicensed as nursing home beds
96.12 and recertified at any time within five years of the effective
96.13 date of the layaway upon relocation of some or all of the beds
96.14 to a licensed and certified facility located in Watertown,
96.15 provided that the total project construction costs related to
96.16 the relocation of beds from layaway status for the Watertown
96.17 facility may not exceed the dollar threshold provided in
96.18 subdivision 2 unless the construction project has been approved
96.19 through the moratorium exception process under section 144A.073.
96.20 The property-related payment rate of the facility placing
96.21 beds on layaway status must be adjusted by the incremental
96.22 change in its rental per diem after recalculating the rental per
96.23 diem as provided in section 256B.431, subdivision 3a, paragraph
96.24 (d). The property-related payment rate for the facility
96.25 relicensing and recertifying beds from layaway status must be
96.26 adjusted by the incremental change in its rental per diem after
96.27 recalculating its rental per diem using the number of beds after
96.28 the relicensing to establish the facility's capacity day
96.29 divisor, which shall be effective the first day of the month
96.30 following the month in which the relicensing and recertification
96.31 became effective. Any beds remaining on layaway status more
96.32 than five years after the date the layaway status became
96.33 effective must be removed from layaway status and immediately
96.34 delicensed and decertified;
96.35 (v) (u) to license and certify beds that are moved within
96.36 an existing area of a facility or to a newly-constructed
97.1 addition which is built for the purpose of eliminating three-
97.2 and four-bed rooms and adding space for dining, lounge areas,
97.3 bathing rooms, and ancillary service areas in a nursing home
97.4 that, as of January 1, 1995, was located in Fridley and had a
97.5 licensed capacity of 129 beds;
97.6 (w) (v) to relocate 36 beds in Crow Wing county and four
97.7 beds from Hennepin county to a 160-bed facility in Crow Wing
97.8 county, provided all the affected beds are under common
97.9 ownership;
97.10 (x) (w) to license and certify a total replacement project
97.11 of up to 49 beds located in Norman county that are relocated
97.12 from a nursing home destroyed by flood and whose residents were
97.13 relocated to other nursing homes. The operating cost payment
97.14 rates for the new nursing facility shall be determined based on
97.15 the interim and settle-up payment provisions of Minnesota Rules,
97.16 part 9549.0057, and the reimbursement provisions of section
97.17 256B.431, except that subdivision 25 26, paragraphs (a) and (b),
97.18 clause (3), and (d), shall not apply until the second rate year
97.19 after the settle-up cost report is filed. Property-related
97.20 reimbursement rates shall be determined under section 256B.431,
97.21 taking into account any federal or state flood-related loans or
97.22 grants provided to the facility; or
97.23 (y) (x) to license and certify a total replacement project
97.24 of up to 129 beds located in Polk county that are relocated from
97.25 a nursing home destroyed by flood and whose residents were
97.26 relocated to other nursing homes. The operating cost payment
97.27 rates for the new nursing facility shall be determined based on
97.28 the interim and settle-up payment provisions of Minnesota Rules,
97.29 part 9549.0057, and the reimbursement provisions of section
97.30 256B.431, except that subdivision 25 26, paragraphs (a) and (b),
97.31 clause (3), and (d), shall not apply until the second rate year
97.32 after the settle-up cost report is filed. Property-related
97.33 reimbursement rates shall be determined under section 256B.431,
97.34 taking into account any federal or state flood-related loans or
97.35 grants provided to the facility; or
97.36 (y) to license and certify beds in a renovation and
98.1 remodeling project to convert 13 three-bed wards into 13 two-bed
98.2 rooms and 13 single-bed rooms, expand space, and add
98.3 improvements in a nursing home that, as of January 1, 1994, met
98.4 the following conditions: the nursing home was located in
98.5 Ramsey county, was not owned by a hospital corporation, had a
98.6 licensed capacity of 64 beds, and had been ranked among the top
98.7 15 applicants by the 1993 moratorium exceptions advisory review
98.8 panel. The total project construction cost estimate for this
98.9 project must not exceed the cost estimate submitted in
98.10 connection with the 1993 moratorium exception process.
98.11 Sec. 16. Laws 1997, chapter 105, section 7, is amended to
98.12 read:
98.13 Sec. 7. [FLOOD-RELATED DISASTER APPROPRIATION.]
98.14 (a) $20,000,000 is appropriated from the budget reserve in
98.15 the general fund to the commissioner of public safety for: (1)
98.16 the state costs associated with the total replacement projects
98.17 in Norman and Polk counties specified in section 1; and (2)
98.18 reimbursements to counties, cities, and towns and to individuals
98.19 or families for individual/family grants which may be used for
98.20 costs related to flooding in 1997. This appropriation is added
98.21 to the $3,000,000 appropriation in Laws 1997, chapter 12, for
98.22 flood-related purposes.
98.23 (b) Of this amount, the commissioner of public safety shall
98.24 transfer to the commissioner of human services the amount needed
98.25 to pay the state costs associated with the projects in Norman
98.26 and Polk counties specified in section 1, not to exceed $492,700.
98.27 Sec. 17. [STUDY OF NURSING FACILITY CONVERSION.]
98.28 The commissioner, in consultation with the commissioner of
98.29 health, shall report to the legislature by January 15, 1998,
98.30 with recommendations for the establishment of a project to
98.31 reduce the number of nursing facilities and the number of
98.32 nursing facility beds in Minnesota. The report shall include:
98.33 (1) goals for the number of facility and bed reductions; (2)
98.34 strategies for voluntary and involuntary bed closures; and (3)
98.35 criteria for selecting nursing facilities as candidates for
98.36 closure. In developing the recommendations, the commissioner
99.1 shall consult with an advisory task force that includes nursing
99.2 industry representatives, nursing facility resident advocates,
99.3 county representatives, and other interested parties.
99.4 Sec. 18. [RATE CLARIFICATION.]
99.5 For the rate years beginning October 1, 1997, and October
99.6 1, 1998, the commissioner of human services shall exempt
99.7 intermediate care facilities for persons with mental retardation
99.8 (ICF/MR) from reductions to the payment rates under Minnesota
99.9 Statutes, section 256B.501, subdivision 5b, paragraph (d),
99.10 clause (6), if the facility:
99.11 (1) has had a settle-up payment rate established in the
99.12 reporting year preceding the rate year for the one-time rate
99.13 adjustment;
99.14 (2) is a newly established facility;
99.15 (3) is an A to B conversion that has been converted under
99.16 Minnesota Statutes, section 252.292, since rate year 1990;
99.17 (4) has a payment rate subject to a community conversion
99.18 project under Minnesota Statutes, section 252.292;
99.19 (5) has a payment rate established under Minnesota
99.20 Statutes, section 245A.12 or 245A.13; or
99.21 (6) is a facility created by the relocation of more than 25
99.22 percent of the capacity of a related facility during the
99.23 reporting year.
99.24 Sec. 19. [ICF/MR REIMBURSEMENT OCTOBER 1, 1997, TO OCTOBER
99.25 1, 1999.]
99.26 (a) Notwithstanding any contrary provision in Minnesota
99.27 Statutes, section 256B.501, for the rate years beginning October
99.28 1, 1997, and October 1, 1998, the commissioner of human services
99.29 shall, for purposes of the spend-up limit, array facilities
99.30 within each grouping established under Minnesota Statutes,
99.31 section 256B.501, subdivision 5b, paragraph (d), clause (4), by
99.32 each facility's cost per resident day. A facility's cost per
99.33 resident day shall be determined by dividing its allowable
99.34 historical general operating cost for the reporting year by the
99.35 facility's resident days for the reporting year. Facilities
99.36 with a cost per resident day at or above the median shall be
100.1 limited to the lesser of:
100.2 (1) the current reporting year's cost per resident day; or
100.3 (2) the prior report year's cost per resident day plus the
100.4 inflation factor established under Minnesota Statutes, section
100.5 256B.501, subdivision 3c, clause (2), increased by three
100.6 percentage points.
100.7 In no case shall the amount of this reduction exceed: three
100.8 percent for a facility with a licensed capacity greater than 16
100.9 beds; two percent for a facility with a licensed capacity of
100.10 nine to 16 beds; and one percent for a facility with a licensed
100.11 capacity of eight or fewer beds.
100.12 (b) The commissioner shall not apply the limits established
100.13 under Minnesota Statutes, section 256B.501, subdivision 5b,
100.14 paragraph (d), clause (8), for the rate years beginning October
100.15 1, 1997, and October 1, 1998.
100.16 Sec. 20. [EFFECTIVE DATE.]
100.17 Section 16 is effective the day following final enactment.
100.18 ARTICLE 4
100.19 HEALTH CARE
100.20 Section 1. Minnesota Statutes 1996, section 62D.04,
100.21 subdivision 5, is amended to read:
100.22 Subd. 5. [PARTICIPATION; GOVERNMENT PROGRAMS.] Health
100.23 maintenance organizations shall, as a condition of receiving and
100.24 retaining a certificate of authority, participate in the medical
100.25 assistance, general assistance medical care, and MinnesotaCare
100.26 programs. A health maintenance organization is required to
100.27 submit proposals in good faith that meet the requirements of the
100.28 request for proposal provided that the requirements can be
100.29 reasonably met by a health maintenance organization to serve
100.30 individuals eligible for the above programs in a geographic
100.31 region of the state if, at the time of publication of a request
100.32 for proposal, the percentage of recipients in the public
100.33 programs in the region who are enrolled in the health
100.34 maintenance organization is less than the health maintenance
100.35 organization's percentage of the total number of individuals
100.36 enrolled in health maintenance organizations in the same
101.1 region. Geographic regions shall be defined by the commissioner
101.2 of human services in the request for proposals.
101.3 Sec. 2. Minnesota Statutes 1996, section 62N.25,
101.4 subdivision 2, is amended to read:
101.5 Subd. 2. [LICENSURE REQUIREMENTS GENERALLY.] To be
101.6 licensed and to operate as a community integrated service
101.7 network, an applicant must satisfy the requirements of chapter
101.8 62D, and all other legal requirements that apply to entities
101.9 licensed under chapter 62D, except as exempted or modified in
101.10 this section. Community networks must, as a condition of
101.11 licensure, comply with rules adopted under section 256B.0644
101.12 that apply to entities governed by chapter 62D section 62D.04,
101.13 subdivision 5. A community integrated service network that
101.14 phases in its net worth over a three-year period is not required
101.15 to respond to requests for proposals under section 256B.0644
101.16 62D.04, subdivision 5, during the first 12 months of licensure.
101.17 These community networks are not prohibited from responding to
101.18 requests for proposals, however, if they choose to do so during
101.19 that time period. After the initial 12 months of licensure,
101.20 these community networks are required to respond to the requests
101.21 for proposals as required under section 256B.0644 62D.04,
101.22 subdivision 5.
101.23 Sec. 3. Minnesota Statutes 1996, section 144.0721,
101.24 subdivision 3, is amended to read:
101.25 Subd. 3. [LEVEL OF CARE CRITERIA; MODIFICATIONS.] The
101.26 commissioner shall seek appropriate federal waivers to implement
101.27 this subdivision. Notwithstanding any laws or rules to the
101.28 contrary, effective July 1, 1996 1998, Minnesota's level of care
101.29 criteria for admission of any person to a nursing facility
101.30 licensed under chapter 144A, or a boarding care home licensed
101.31 under sections 144.50 to 144.56, are modified as follows:
101.32 (1) the resident reimbursement classifications and
101.33 terminology established by rule under sections 256B.41 to
101.34 256B.48 are the basis for applying the level of care criteria
101.35 changes;
101.36 (2) an applicant to a certified nursing facility or
102.1 certified boarding care home who is dependent in zero, one, or
102.2 two case mix activities of daily living, is classified as a case
102.3 mix A, and is independent in orientation and self-preservation,
102.4 is reclassified as a high function class A person and is not
102.5 eligible for admission to Minnesota certified nursing facilities
102.6 or certified boarding care homes;
102.7 (3) applicants in clause (2) who are dependent in one or
102.8 two case mix activities of daily living, who are eligible for
102.9 assistance as determined under sections 256B.055 and 256B.056 or
102.10 meet eligibility criteria for section 256B.0913 are eligible for
102.11 a service allowance under section 256B.0913, subdivision 15, and
102.12 are not eligible for services under sections 256B.0913,
102.13 subdivisions 1 to 14, and 256B.0915. Applicants in clause (2)
102.14 shall have the option of receiving personal care assistant and
102.15 home health aide services under section 256B.0625, if otherwise
102.16 eligible, or of receiving the service allowance option, but not
102.17 both. Applicants in clause (2) shall have the option of
102.18 residing in community settings under sections 256I.01 to
102.19 256I.06, if otherwise eligible, or receiving the services
102.20 allowance option under section 256B.0913, subdivision 15, but
102.21 not both;
102.22 (4) residents of a certified nursing facility or certified
102.23 boarding care home who were admitted before July 1, 1996 1998,
102.24 or individuals receiving services under section 256B.0913,
102.25 subdivisions 1 to 14, or 256B.0915, before July 1, 1996 1998,
102.26 are not subject to the new level of care criteria unless the
102.27 resident is discharged home or to another service setting other
102.28 than a certified nursing facility or certified boarding care
102.29 home and applies for admission to a certified nursing facility
102.30 or certified boarding care home after June 30, 1996 1998;
102.31 (5) the local screening teams under section 256B.0911 shall
102.32 make preliminary determinations concerning may determine the
102.33 existence of extraordinary circumstances which render
102.34 nonadmission to a certified nursing or certified boarding care
102.35 home a serious threat to the health and safety of applicants in
102.36 clause (2) and may authorize an admission for a short-term stay
103.1 at to a certified nursing facility or certified boarding care
103.2 home in accordance with a treatment and discharge plan for up to
103.3 30 days per year; and
103.4 (6) an individual deemed ineligible for admission to
103.5 Minnesota certified nursing facilities is entitled to an appeal
103.6 under section 256.045, subdivision 3.
103.7 If the commissioner determines upon appeal that an
103.8 applicant in clause (2) presents extraordinary circumstances
103.9 including but not limited to the absence or inaccessibility of
103.10 suitable alternatives, contravening family circumstances, and or
103.11 protective service issues, the applicant may be eligible for
103.12 admission to Minnesota certified nursing facilities or certified
103.13 boarding care homes.
103.14 Sec. 4. Minnesota Statutes 1996, section 254A.17,
103.15 subdivision 3, is amended to read:
103.16 Subd. 3. [STATEWIDE DETOXIFICATION TRANSPORTATION
103.17 PROGRAM.] The commissioner shall provide grants to counties,
103.18 Indian reservations, other nonprofit agencies, or local
103.19 detoxification programs for provision of transportation of
103.20 intoxicated individuals to detoxification programs, to open
103.21 shelters, and to secure shelters as defined in section 254A.085
103.22 and, shelters serving intoxicated persons, including long-term
103.23 supportive housing facilities for chronic inebriates, and
103.24 hospital emergency rooms. In state fiscal years 1994, 1995, and
103.25 1996, funds shall be allocated to counties in proportion to each
103.26 county's allocation in fiscal year 1993. In subsequent fiscal
103.27 years, funds shall be allocated among counties annually in
103.28 proportion to each county's average number of detoxification
103.29 admissions for the prior two years, except that no county shall
103.30 receive less than $400. Unless a county has approved a grant of
103.31 funds under this section, the commissioner shall make quarterly
103.32 payments of detoxification funds to a county only after
103.33 receiving an invoice describing the number of persons
103.34 transported and the cost of transportation services for the
103.35 previous quarter. The commissioner shall make an annual payment
103.36 to counties for provision of transportation under this section.
104.1 If appropriations are not sufficient to pay the allowed maximum
104.2 per trip, the commissioner shall reduce the maximum payment per
104.3 trip until payments do not exceed the appropriation. A county
104.4 must make a good faith effort to provide the transportation
104.5 service through the most cost-effective community-based agencies
104.6 or organizations eligible to provide the service. The program
104.7 administrator and all staff of the program must report to the
104.8 office of the ombudsman for mental health and mental retardation
104.9 within 24 hours of its occurrence, any serious injury, as
104.10 defined in section 245.91, subdivision 6, or the death of a
104.11 person admitted to the shelter. The ombudsman shall acknowledge
104.12 in writing the receipt of all reports made to the ombudsman's
104.13 office under this section. Acknowledgment must be mailed to the
104.14 facility and to the county social service agency within five
104.15 working days of the day the report was made. In addition, the
104.16 program administrator and staff of the program must comply with
104.17 all of the requirements of section 626.557, the vulnerable
104.18 adults act.
104.19 Sec. 5. Minnesota Statutes 1996, section 254B.01,
104.20 subdivision 3, is amended to read:
104.21 Subd. 3. [CHEMICAL DEPENDENCY SERVICES.] "Chemical
104.22 dependency services" means a planned program of care for the
104.23 treatment of chemical dependency or chemical abuse to minimize
104.24 or prevent further chemical abuse by the person. Diagnostic,
104.25 evaluation, prevention, referral, detoxification, and aftercare
104.26 services that are not part of a program of care licensable as a
104.27 residential or nonresidential chemical dependency treatment
104.28 program are not chemical dependency services for purposes of
104.29 this section. For pregnant and postpartum women, chemical
104.30 dependency services include halfway house services, after-care
104.31 services, psychological services, and case management.
104.32 Sec. 6. Minnesota Statutes 1996, section 254B.02,
104.33 subdivision 1, is amended to read:
104.34 Subdivision 1. [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.]
104.35 The chemical dependency funds appropriated for allocation shall
104.36 be placed in a special revenue account. For the fiscal year
105.1 beginning July 1, 1987, funds shall be transferred to operate
105.2 the vendor payment, invoice processing, and collections system
105.3 for one year. The commissioner shall annually transfer funds
105.4 from the chemical dependency fund to pay for operation of the
105.5 drug and alcohol abuse normative evaluation system and to pay
105.6 for all costs incurred by adding two positions for licensing of
105.7 chemical dependency treatment and rehabilitation programs
105.8 located in hospitals for which funds are not otherwise
105.9 appropriated. For each year of the biennium ending June 30,
105.10 1999, the commissioner shall allocate funds to the American
105.11 Indian chemical dependency tribal account for treatment of
105.12 American Indians by eligible vendors under section 254B.05,
105.13 equal to the amount allocated in fiscal year 1997. The
105.14 commissioner shall annually divide the money available in the
105.15 chemical dependency fund that is not held in reserve by counties
105.16 from a previous allocation, or allocated to the American Indian
105.17 chemical dependency tribal account. Twelve Six percent of the
105.18 remaining money must be reserved for the nonreservation American
105.19 Indian chemical dependency allocation for treatment of American
105.20 Indians by eligible vendors under section 254B.05, subdivision
105.21 1. The remainder of the money must be allocated among the
105.22 counties according to the following formula, using state
105.23 demographer data and other data sources determined by the
105.24 commissioner:
105.25 (a) For purposes of this formula, American Indians and
105.26 children under age 14 are subtracted from the population of each
105.27 county to determine the restricted population.
105.28 (b) The amount of chemical dependency fund expenditures for
105.29 entitled persons for services not covered by prepaid plans
105.30 governed by section 256B.69 in the previous year is divided by
105.31 the amount of chemical dependency fund expenditures for entitled
105.32 persons for all services to determine the proportion of exempt
105.33 service expenditures for each county.
105.34 (c) The prepaid plan months of eligibility is multiplied by
105.35 the proportion of exempt service expenditures to determine the
105.36 adjusted prepaid plan months of eligibility for each county.
106.1 (d) The adjusted prepaid plan months of eligibility is
106.2 added to the number of restricted population fee for service
106.3 months of eligibility for aid to families with dependent
106.4 children, general assistance, and medical assistance and divided
106.5 by the county restricted population to determine county per
106.6 capita months of covered service eligibility.
106.7 (e) The number of adjusted prepaid plan months of
106.8 eligibility for the state is added to the number of fee for
106.9 service months of eligibility for aid to families with dependent
106.10 children, general assistance, and medical assistance for the
106.11 state restricted population and divided by the state restricted
106.12 population to determine state per capita months of covered
106.13 service eligibility.
106.14 (f) The county per capita months of covered service
106.15 eligibility is divided by the state per capita months of covered
106.16 service eligibility to determine the county welfare caseload
106.17 factor.
106.18 (g) The median married couple income for the most recent
106.19 three-year period available for the state is divided by the
106.20 median married couple income for the same period for each county
106.21 to determine the income factor for each county.
106.22 (h) The county restricted population is multiplied by the
106.23 sum of the county welfare caseload factor and the county income
106.24 factor to determine the adjusted population.
106.25 (i) $15,000 shall be allocated to each county.
106.26 (j) The remaining funds shall be allocated proportional to
106.27 the county adjusted population.
106.28 Sec. 7. Minnesota Statutes 1996, section 254B.04,
106.29 subdivision 1, is amended to read:
106.30 Subdivision 1. [ELIGIBILITY.] (a) Persons eligible for
106.31 benefits under Code of Federal Regulations, title 25, part 20,
106.32 persons eligible for medical assistance benefits under sections
106.33 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6,
106.34 or who meet the income standards of section 256B.056,
106.35 subdivision 4, and persons eligible for general assistance
106.36 medical care under section 256D.03, subdivision 3, are entitled
107.1 to chemical dependency fund services. State money appropriated
107.2 for this paragraph must be placed in a separate account
107.3 established for this purpose.
107.4 (b) A person not entitled to services under paragraph (a),
107.5 but with family income that is less than 60 percent of the state
107.6 median income for a family of like size and composition, shall
107.7 be eligible to receive chemical dependency fund services within
107.8 the limit of funds available after persons entitled to services
107.9 under paragraph (a) have been served. A county may spend money
107.10 from its own sources to serve persons under this paragraph.
107.11 State money appropriated for this paragraph must be placed in a
107.12 separate account established for this purpose.
107.13 (c) Persons whose income is between 60 percent and 115
107.14 percent of the state median income shall be eligible for
107.15 chemical dependency services on a sliding fee basis, within the
107.16 limit of funds available, after persons entitled to services
107.17 under paragraph (a) and persons eligible for services under
107.18 paragraph (b) have been served. Persons eligible under this
107.19 paragraph must contribute to the cost of services according to
107.20 the sliding fee scale established under subdivision 3. A county
107.21 may spend money from its own sources to provide services to
107.22 persons under this paragraph. State money appropriated for this
107.23 paragraph must be placed in a separate account established for
107.24 this purpose.
107.25 (d) Notwithstanding the provisions of paragraphs (b) and
107.26 (c), state funds appropriated to serve persons who are not
107.27 entitled under the provisions of paragraph (a), shall be
107.28 expended for chemical dependency treatment services for
107.29 nonentitled but eligible persons who have children in their
107.30 household, are pregnant, or are younger than 18 years old.
107.31 These persons may have household incomes up to 60 percent of the
107.32 state median income. Any funds in addition to the amounts
107.33 necessary to serve the persons identified in this paragraph
107.34 shall be expended according to the provisions of paragraphs (b)
107.35 and (c).
107.36 Sec. 8. Minnesota Statutes 1996, section 254B.09,
108.1 subdivision 4, is amended to read:
108.2 Subd. 4. [TRIBAL ALLOCATION.] Forty-two and one-half
108.3 Eighty-five percent of the American Indian chemical dependency
108.4 tribal account must be allocated to the federally recognized
108.5 American Indian tribal governing bodies that have entered into
108.6 an agreement under subdivision 2 as follows: $10,000 must be
108.7 allocated to each governing body and the remainder must be
108.8 allocated in direct proportion to the population of the
108.9 reservation according to the most recently available estimates
108.10 from the federal Bureau of Indian Affairs. When a tribal
108.11 governing body has not entered into an agreement with the
108.12 commissioner under subdivision 2, the county may use funds
108.13 allocated to the reservation to pay for chemical dependency
108.14 services for a current resident of the county and of the
108.15 reservation.
108.16 Sec. 9. Minnesota Statutes 1996, section 254B.09,
108.17 subdivision 5, is amended to read:
108.18 Subd. 5. [TRIBAL RESERVE ACCOUNT.] The commissioner shall
108.19 reserve 7.5 15 percent of the American Indian chemical
108.20 dependency tribal account. The reserve must be allocated to
108.21 those tribal units that have used all money allocated under
108.22 subdivision 4 according to agreements made under subdivision 2
108.23 and to counties submitting invoices for American Indians under
108.24 subdivision 1 when all money allocated under subdivision 4 has
108.25 been used. An American Indian tribal governing body or a county
108.26 submitting invoices under subdivision 1 may receive not more
108.27 than 30 percent of the reserve account in a year. The
108.28 commissioner may refuse to make reserve payments for persons not
108.29 eligible under section 254B.04, subdivision 1, if the tribal
108.30 governing body responsible for treatment placement has exhausted
108.31 its allocation. Money must be allocated as invoices are
108.32 received.
108.33 Sec. 10. Minnesota Statutes 1996, section 254B.09,
108.34 subdivision 7, is amended to read:
108.35 Subd. 7. [NONRESERVATION INDIAN ACCOUNT.] Fifty percent of
108.36 The nonreservation American Indian chemical dependency
109.1 allocation must be held in reserve by the commissioner in an
109.2 account for treatment of Indians not residing on lands of a
109.3 reservation receiving money under subdivision 4. This money
109.4 must be used to pay for services certified by county invoice to
109.5 have been provided to an American Indian eligible recipient.
109.6 Money allocated under this subdivision may be used for payments
109.7 on behalf of American Indian county residents only if, in
109.8 addition to other placement standards, the county certifies that
109.9 the placement was appropriate to the cultural orientation of the
109.10 client. Any funds for treatment of nonreservation Indians
109.11 remaining at the end of a fiscal year shall be reallocated under
109.12 section 254B.02.
109.13 Sec. 11. Minnesota Statutes 1996, section 256.045,
109.14 subdivision 7, is amended to read:
109.15 Subd. 7. [JUDICIAL REVIEW.] Except for a prepaid health
109.16 plan, any party who is aggrieved by an order of the commissioner
109.17 of human services, or the commissioner of health in appeals
109.18 within the commissioner's jurisdiction under subdivision 3b, may
109.19 appeal the order to the district court of the county responsible
109.20 for furnishing assistance, or, in appeals under subdivision 3b,
109.21 the county where the maltreatment occurred, by serving a written
109.22 copy of a notice of appeal upon the commissioner and any adverse
109.23 party of record within 30 days after the date the commissioner
109.24 issued the order, the amended order, or order affirming the
109.25 original order, and by filing the original notice and proof of
109.26 service with the court administrator of the district court.
109.27 Service may be made personally or by mail; service by mail is
109.28 complete upon mailing; no filing fee shall be required by the
109.29 court administrator in appeals taken pursuant to this
109.30 subdivision, with the exception of appeals taken under
109.31 subdivision 3b. The commissioner may elect to become a party to
109.32 the proceedings in the district court. Except for appeals under
109.33 subdivision 3b, any party may demand that the commissioner
109.34 furnish all parties to the proceedings with a copy of the
109.35 decision, and a transcript of any testimony, evidence, or other
109.36 supporting papers from the hearing held before the human
110.1 services referee, by serving a written demand upon the
110.2 commissioner within 30 days after service of the notice of
110.3 appeal. Any party aggrieved by the failure of an adverse party
110.4 to obey an order issued by the commissioner under subdivision 5
110.5 may compel performance according to the order in the manner
110.6 prescribed in sections 586.01 to 586.12.
110.7 Sec. 12. Minnesota Statutes 1996, section 256.476,
110.8 subdivision 2, is amended to read:
110.9 Subd. 2. [DEFINITIONS.] For purposes of this section, the
110.10 following terms have the meanings given them:
110.11 (a) "County board" means the county board of commissioners
110.12 for the county of financial responsibility as defined in section
110.13 256G.02, subdivision 4, or its designated representative. When
110.14 a human services board has been established under sections
110.15 402.01 to 402.10, it shall be considered the county board for
110.16 the purposes of this section.
110.17 (b) "Family" means the person's birth parents, adoptive
110.18 parents or stepparents, siblings or stepsiblings, children or
110.19 stepchildren, grandparents, grandchildren, niece, nephew, aunt,
110.20 uncle, or spouse. For the purposes of this section, a family
110.21 member is at least 18 years of age.
110.22 (c) "Functional limitations" means the long-term inability
110.23 to perform an activity or task in one or more areas of major
110.24 life activity, including self-care, understanding and use of
110.25 language, learning, mobility, self-direction, and capacity for
110.26 independent living. For the purpose of this section, the
110.27 inability to perform an activity or task results from a mental,
110.28 emotional, psychological, sensory, or physical disability,
110.29 condition, or illness.
110.30 (d) "Informed choice" means a voluntary decision made by
110.31 the person or the person's legal representative, after becoming
110.32 familiarized with the alternatives to:
110.33 (1) select a preferred alternative from a number of
110.34 feasible alternatives;
110.35 (2) select an alternative which may be developed in the
110.36 future; and
111.1 (3) refuse any or all alternatives.
111.2 (e) "Local agency" means the local agency authorized by the
111.3 county board to carry out the provisions of this section.
111.4 (f) "Person" or "persons" means a person or persons meeting
111.5 the eligibility criteria in subdivision 3.
111.6 (g) "Responsible individual" "Authorized representative"
111.7 means an individual designated by the person or their legal
111.8 representative to act on their behalf. This individual may be a
111.9 family member, guardian, representative payee, or other
111.10 individual designated by the person or their legal
111.11 representative, if any, to assist in purchasing and arranging
111.12 for supports. For the purposes of this section, a responsible
111.13 individual an authorized representative is at least 18 years of
111.14 age.
111.15 (h) "Screening" means the screening of a person's service
111.16 needs under sections 256B.0911 and 256B.092.
111.17 (i) "Supports" means services, care, aids, home
111.18 modifications, or assistance purchased by the person or the
111.19 person's family. Examples of supports include respite care,
111.20 assistance with daily living, and adaptive aids. For the
111.21 purpose of this section, notwithstanding the provisions of
111.22 section 144A.43, supports purchased under the consumer support
111.23 program are not considered home care services.
111.24 (j) "Program of origination" means the program the
111.25 individual transferred from when approved for the consumer
111.26 support grant program.
111.27 Sec. 13. Minnesota Statutes 1996, section 256.476,
111.28 subdivision 3, is amended to read:
111.29 Subd. 3. [ELIGIBILITY TO APPLY FOR GRANTS.] (a) A person
111.30 is eligible to apply for a consumer support grant if the person
111.31 meets all of the following criteria:
111.32 (1) the person is eligible for and has been approved to
111.33 receive services under medical assistance as determined under
111.34 sections 256B.055 and 256B.056 or the person is eligible for and
111.35 has been approved to receive services under alternative care
111.36 services as determined under section 256B.0913 or the person has
112.1 been approved to receive a grant under the developmental
112.2 disability family support program under section 252.32;
112.3 (2) the person is able to direct and purchase the person's
112.4 own care and supports, or the person has a family member, legal
112.5 representative, or other responsible individual authorized
112.6 representative who can purchase and arrange supports on the
112.7 person's behalf;
112.8 (3) the person has functional limitations, requires ongoing
112.9 supports to live in the community, and is at risk of or would
112.10 continue institutionalization without such supports; and
112.11 (4) the person will live in a home. For the purpose of
112.12 this section, "home" means the person's own home or home of a
112.13 person's family member. These homes are natural home settings
112.14 and are not licensed by the department of health or human
112.15 services.
112.16 (b) Persons may not concurrently receive a consumer support
112.17 grant if they are:
112.18 (1) receiving home and community-based services under
112.19 United States Code, title 42, section 1396h(c); personal care
112.20 attendant and home health aide services under section 256B.0625;
112.21 a developmental disability family support grant; or alternative
112.22 care services under section 256B.0913; or
112.23 (2) residing in an institutional or congregate care setting.
112.24 (c) A person or person's family receiving a consumer
112.25 support grant shall not be charged a fee or premium by a local
112.26 agency for participating in the program. A person or person's
112.27 family is not eligible for a consumer support grant if their
112.28 income is at a level where they are required to pay a parental
112.29 fee under sections 252.27, 256B.055, subdivision 12, and 256B.14
112.30 and rules adopted under those sections for medical assistance
112.31 services to a disabled child living with at least one parent.
112.32 (d) The commissioner may limit the participation of nursing
112.33 facility residents, residents of intermediate care facilities
112.34 for persons with mental retardation, and the recipients of
112.35 services from federal waiver programs in the consumer support
112.36 grant program if the participation of these individuals will
113.1 result in an increase in the cost to the state.
113.2 (e) The commissioner shall establish a budgeted
113.3 appropriation each fiscal year for the consumer support grant
113.4 program. The number of individuals participating in the program
113.5 will be adjusted so the total amount allocated to counties does
113.6 not exceed the amount of the budgeted appropriation. The
113.7 budgeted appropriation will be adjusted annually to accommodate
113.8 changes in demand for the consumer support grants.
113.9 Sec. 14. Minnesota Statutes 1996, section 256.476,
113.10 subdivision 4, is amended to read:
113.11 Subd. 4. [SUPPORT GRANTS; CRITERIA AND LIMITATIONS.] (a) A
113.12 county board may choose to participate in the consumer support
113.13 grant program. If a county board chooses to participate in the
113.14 program, the local agency shall establish written procedures and
113.15 criteria to determine the amount and use of support grants.
113.16 These procedures must include, at least, the availability of
113.17 respite care, assistance with daily living, and adaptive aids.
113.18 The local agency may establish monthly or annual maximum amounts
113.19 for grants and procedures where exceptional resources may be
113.20 required to meet the health and safety needs of the person on a
113.21 time-limited basis, however, the total amount awarded to each
113.22 individual may not exceed the limits established in subdivision
113.23 5, paragraph (f).
113.24 (b) Support grants to a person or a person's family may
113.25 will be provided through a monthly subsidy or lump sum payment
113.26 basis and be in the form of cash, voucher, or direct county
113.27 payment to vendor. Support grant amounts must be determined by
113.28 the local agency. Each service and item purchased with a
113.29 support grant must meet all of the following criteria:
113.30 (1) it must be over and above the normal cost of caring for
113.31 the person if the person did not have functional limitations;
113.32 (2) it must be directly attributable to the person's
113.33 functional limitations;
113.34 (3) it must enable the person or the person's family to
113.35 delay or prevent out-of-home placement of the person; and
113.36 (4) it must be consistent with the needs identified in the
114.1 service plan, when applicable.
114.2 (c) Items and services purchased with support grants must
114.3 be those for which there are no other public or private funds
114.4 available to the person or the person's family. Fees assessed
114.5 to the person or the person's family for health and human
114.6 services are not reimbursable through the grant.
114.7 (d) In approving or denying applications, the local agency
114.8 shall consider the following factors:
114.9 (1) the extent and areas of the person's functional
114.10 limitations;
114.11 (2) the degree of need in the home environment for
114.12 additional support; and
114.13 (3) the potential effectiveness of the grant to maintain
114.14 and support the person in the family environment or the person's
114.15 own home.
114.16 (e) At the time of application to the program or screening
114.17 for other services, the person or the person's family shall be
114.18 provided sufficient information to ensure an informed choice of
114.19 alternatives by the person, the person's legal representative,
114.20 if any, or the person's family. The application shall be made
114.21 to the local agency and shall specify the needs of the person
114.22 and family, the form and amount of grant requested, the items
114.23 and services to be reimbursed, and evidence of eligibility for
114.24 medical assistance or alternative care program.
114.25 (f) Upon approval of an application by the local agency and
114.26 agreement on a support plan for the person or person's family,
114.27 the local agency shall make grants to the person or the person's
114.28 family. The grant shall be in an amount for the direct costs of
114.29 the services or supports outlined in the service agreement.
114.30 (g) Reimbursable costs shall not include costs for
114.31 resources already available, such as special education classes,
114.32 day training and habilitation, case management, other services
114.33 to which the person is entitled, medical costs covered by
114.34 insurance or other health programs, or other resources usually
114.35 available at no cost to the person or the person's family.
114.36 (h) The state of Minnesota, the county boards participating
115.1 in the consumer support grant program, or the agencies acting on
115.2 behalf of the county boards in the implementation and
115.3 administration of the consumer support grant program shall not
115.4 be liable for damages, injuries, or liabilities sustained
115.5 through the purchase of support by the individual, the
115.6 individual's family, or the authorized representative under this
115.7 section with funds received through the consumer support grant
115.8 program. Liabilities include but are not limited to: workers'
115.9 compensation liability, the Federal Insurance Contributions Act
115.10 (FICA), or the Federal Unemployment Tax Act (FUTA). For
115.11 purposes of this section, participating county boards and
115.12 agencies acting on behalf of county boards are exempt from the
115.13 provisions of section 268.04.
115.14 Sec. 15. Minnesota Statutes 1996, section 256.476,
115.15 subdivision 5, is amended to read:
115.16 Subd. 5. [REIMBURSEMENT, ALLOCATIONS, AND REPORTING.] (a)
115.17 For the purpose of transferring persons to the consumer support
115.18 grant program from specific programs or services, such as the
115.19 developmental disability family support program and alternative
115.20 care program, personal care attendant, home health aide, or
115.21 nursing facility services, the amount of funds transferred by
115.22 the commissioner between the developmental disability family
115.23 support program account, the alternative care account, the
115.24 medical assistance account, or the consumer support grant
115.25 account shall be based on each county's participation in
115.26 transferring persons to the consumer support grant program from
115.27 those programs and services.
115.28 (b) At the beginning of each fiscal year, county
115.29 allocations for consumer support grants shall be based on:
115.30 (1) the number of persons to whom the county board expects
115.31 to provide consumer supports grants;
115.32 (2) their eligibility for current program and services;
115.33 (3) the amount of nonfederal dollars expended on those
115.34 individuals for those programs and services; or, in situations
115.35 where an individual is unable to obtain the support needed from
115.36 the program of origination due to the unavailability of service
116.1 providers at the time or the location where the supports are
116.2 needed, the allocation will be based on the county's best
116.3 estimate of the nonfederal dollars that would have been expended
116.4 if the services had been available; and
116.5 (4) projected dates when persons will start receiving
116.6 grants. County allocations shall be adjusted periodically by
116.7 the commissioner based on the actual transfer of persons or
116.8 service openings, and the nonfederal dollars associated with
116.9 those persons or service openings, to the consumer support grant
116.10 program.
116.11 (c) The amount of funds transferred by the commissioner
116.12 from the alternative care account and the medical assistance
116.13 account for an individual may be changed if it is determined by
116.14 the county or its agent that the individual's need for support
116.15 has changed.
116.16 (d) The authority to utilize funds transferred to the
116.17 consumer support grant account for the purposes of implementing
116.18 and administering the consumer support grant program will not be
116.19 limited or constrained by the spending authority provided to the
116.20 program of origination.
116.21 (e) The commissioner shall use up to five percent of each
116.22 county's allocation, as adjusted, for payments to that county
116.23 for administrative expenses, to be paid as a proportionate
116.24 addition to reported direct service expenditures.
116.25 (d) (f) Except as provided in this paragraph, the county
116.26 allocation for each individual or individual's family cannot
116.27 exceed 80 percent of the total nonfederal dollars expended on
116.28 the individual by the program of origination except for the
116.29 developmental disabilities family support grant program which
116.30 can be approved up to 100 percent of the nonfederal dollars and
116.31 in situations as described in paragraph (b), clause (3). In
116.32 situations where exceptional need exists or the individual's
116.33 need for support increases, up to 100 percent of the nonfederal
116.34 dollars expended may be allocated to the county. Allocations
116.35 that exceed 80 percent of the nonfederal dollars expended on the
116.36 individual by the program of origination must be approved by the
117.1 commissioner. The remainder of the amount expended on the
117.2 individual by the program of origination will be used in the
117.3 following proportions: half will be made available to the
117.4 consumer support grant program and participating counties for
117.5 consumer training, resource development, and other costs, and
117.6 half will be returned to the state general fund.
117.7 (g) The commissioner may recover, suspend, or withhold
117.8 payments if the county board, local agency, or grantee does not
117.9 comply with the requirements of this section.
117.10 Sec. 16. Minnesota Statutes 1996, section 256.969,
117.11 subdivision 1, is amended to read:
117.12 Subdivision 1. [HOSPITAL COST INDEX.] (a) The hospital
117.13 cost index shall be the change in the Consumer Price Index-All
117.14 Items (United States city average) (CPI-U) forecasted by Data
117.15 Resources, Inc. The commissioner shall use the indices as
117.16 forecasted in the third quarter of the calendar year prior to
117.17 the rate year. The hospital cost index may be used to adjust
117.18 the base year operating payment rate through the rate year on an
117.19 annually compounded basis.
117.20 (b) For fiscal years beginning on or after July 1, 1993,
117.21 the commissioner of human services shall not provide automatic
117.22 annual inflation adjustments for hospital payment rates under
117.23 medical assistance, nor under general assistance medical care,
117.24 except that the inflation adjustments under paragraph (a) for
117.25 medical assistance, excluding general assistance medical care,
117.26 shall apply through calendar year 1997 1999. The commissioner
117.27 of finance shall include as a budget change request in each
117.28 biennial detailed expenditure budget submitted to the
117.29 legislature under section 16A.11 annual adjustments in hospital
117.30 payment rates under medical assistance and general assistance
117.31 medical care, based upon the hospital cost index.
117.32 Sec. 17. Minnesota Statutes 1996, section 256.9695,
117.33 subdivision 1, is amended to read:
117.34 Subdivision 1. [APPEALS.] A hospital may appeal a decision
117.35 arising from the application of standards or methods under
117.36 section 256.9685, 256.9686, or 256.969, if an appeal would
118.1 result in a change to the hospital's payment rate or payments.
118.2 Both overpayments and underpayments that result from the
118.3 submission of appeals shall be implemented. Regardless of any
118.4 appeal outcome, relative values shall not be recalculated. The
118.5 appeal shall be heard by an administrative law judge according
118.6 to sections 14.57 to 14.62, or upon agreement by both parties,
118.7 according to a modified appeals procedure established by the
118.8 commissioner and the office of administrative hearings. In any
118.9 proceeding under this section, the appealing party must
118.10 demonstrate by a preponderance of the evidence that the
118.11 commissioner's determination is incorrect or not according to
118.12 law.
118.13 (a) To appeal a payment rate or payment determination or a
118.14 determination made from base year information, the hospital
118.15 shall file a written appeal request to the commissioner within
118.16 60 days of the date the payment rate determination was mailed.
118.17 The appeal request shall specify: (i) the disputed items; (ii)
118.18 the authority in federal or state statute or rule upon which the
118.19 hospital relies for each disputed item; and (iii) the name and
118.20 address of the person to contact regarding the appeal. Facts to
118.21 be considered in any appeal of base year information are limited
118.22 to those in existence at the time the payment rates of the first
118.23 rate year were established from the base year information. In
118.24 the case of Medicare settled appeals, the 60-day appeal period
118.25 shall begin on the mailing date of the notice by the Medicare
118.26 program or the date the medical assistance payment rate
118.27 determination notice is mailed, whichever is later.
118.28 (b) To appeal a payment rate or payment change that results
118.29 from a difference in case mix between the base year and a rate
118.30 year, the procedures and requirements of paragraph (a) apply.
118.31 However, the appeal must be filed with the commissioner within
118.32 120 days after the end of a rate year. A case mix appeal must
118.33 apply to the cost of services to all medical assistance patients
118.34 that received inpatient services from the hospital during the
118.35 rate year appealed. For case mix appeals filed after January 1,
118.36 1997, the difference in case mix and the corresponding payment
119.1 adjustment must exceed a threshold of five percent.
119.2 Sec. 18. Minnesota Statutes 1996, section 256B.04, is
119.3 amended by adding a subdivision to read:
119.4 Subd. 1a. [COMPREHENSIVE HEALTH SERVICES SYSTEM.] The
119.5 commissioner shall carry out the duties in this section with the
119.6 participation of the boards of county commissioners, and with
119.7 full consideration for the interests of counties, to plan and
119.8 implement a unified, accountable, comprehensive health services
119.9 system that:
119.10 (1) promotes accessible and quality health care for all
119.11 Minnesotans;
119.12 (2) assures provision of adequate health care within
119.13 limited state and county resources;
119.14 (3) avoids shifting funding burdens to county tax
119.15 resources;
119.16 (4) provides statewide eligibility, benefit, and service
119.17 expectations;
119.18 (5) manages care, develops risk management strategies, and
119.19 contains cost in all health and human services; and
119.20 (6) supports effective implementation of publicly funded
119.21 health and human services for all areas of the state.
119.22 Sec. 19. Minnesota Statutes 1996, section 256B.055,
119.23 subdivision 12, is amended to read:
119.24 Subd. 12. [DISABLED CHILDREN.] (a) A person is eligible
119.25 for medical assistance if the person is under age 19 and
119.26 qualifies as a disabled individual under United States Code,
119.27 title 42, section 1382c(a), and would be eligible for medical
119.28 assistance under the state plan if residing in a medical
119.29 institution, and the child requires a level of care provided in
119.30 a hospital, nursing facility, or intermediate care facility for
119.31 persons with mental retardation or related conditions, for whom
119.32 home care is appropriate, provided that the cost to medical
119.33 assistance under this section is not more than the amount that
119.34 medical assistance would pay for if the child resides in an
119.35 institution. After the child is determined to be eligible under
119.36 this section, the commissioner shall review the child's
120.1 disability under United States Code, title 42, section 1382c(a)
120.2 and level of care defined under this section no more often than
120.3 annually and may elect, based on the recommendation of health
120.4 care professionals under contract with the state medical review
120.5 team, to extend the review of disability and level of care up to
120.6 a maximum of four years. The commissioner's decision on the
120.7 frequency of continuing review of disability and level of care
120.8 is not subject to administrative appeal under section 256.045.
120.9 Nothing in this subdivision shall be construed as affecting
120.10 other redeterminations of medical assistance eligibility under
120.11 this chapter and annual cost-effective reviews under this
120.12 section.
120.13 (b) For purposes of this subdivision, "hospital" means an
120.14 institution as defined in section 144.696, subdivision 3,
120.15 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
120.16 licensed pursuant to sections 144.50 to 144.58. For purposes of
120.17 this subdivision, a child requires a level of care provided in a
120.18 hospital if the child is determined by the commissioner to need
120.19 an extensive array of health services, including mental health
120.20 services, for an undetermined period of time, whose health
120.21 condition requires frequent monitoring and treatment by a health
120.22 care professional or by a person supervised by a health care
120.23 professional, who would reside in a hospital or require frequent
120.24 hospitalization if these services were not provided, and the
120.25 daily care needs are more complex than a nursing facility level
120.26 of care.
120.27 A child with serious emotional disturbance requires a level
120.28 of care provided in a hospital if the commissioner determines
120.29 that the individual requires 24-hour supervision because the
120.30 person exhibits recurrent or frequent suicidal or homicidal
120.31 ideation or behavior, recurrent or frequent psychosomatic
120.32 disorders or somatopsychic disorders that may become life
120.33 threatening, recurrent or frequent severe socially unacceptable
120.34 behavior associated with psychiatric disorder, ongoing and
120.35 chronic psychosis or severe, ongoing and chronic developmental
120.36 problems requiring continuous skilled observation, or severe
121.1 disabling symptoms for which office-centered outpatient
121.2 treatment is not adequate, and which overall severely impact the
121.3 individual's ability to function.
121.4 (c) For purposes of this subdivision, "nursing facility"
121.5 means a facility which provides nursing care as defined in
121.6 section 144A.01, subdivision 5, licensed pursuant to sections
121.7 144A.02 to 144A.10, which is appropriate if a person is in
121.8 active restorative treatment; is in need of special treatments
121.9 provided or supervised by a licensed nurse; or has unpredictable
121.10 episodes of active disease processes requiring immediate
121.11 judgment by a licensed nurse. For purposes of this subdivision,
121.12 a child requires the level of care provided in a nursing
121.13 facility if the child is determined by the commissioner to meet
121.14 the requirements of the preadmission screening assessment
121.15 document under section 256B.0911 and the home care independent
121.16 rating document under section 256B.0627, subdivision 5,
121.17 paragraph (f), item (iii), adjusted to address age-appropriate
121.18 standards for children age 18 and under, pursuant to section
121.19 256B.0627, subdivision 5, paragraph (d), clause (2).
121.20 (d) For purposes of this subdivision, "intermediate care
121.21 facility for persons with mental retardation or related
121.22 conditions" or "ICF/MR" means a program licensed to provide
121.23 services to persons with mental retardation under section
121.24 252.28, and chapter 245A, and a physical plant licensed as a
121.25 supervised living facility under chapter 144, which together are
121.26 certified by the Minnesota department of health as meeting the
121.27 standards in Code of Federal Regulations, title 42, part 483,
121.28 for an intermediate care facility which provides services for
121.29 persons with mental retardation or persons with related
121.30 conditions who require 24-hour supervision and active treatment
121.31 for medical, behavioral, or habilitation needs. For purposes of
121.32 this subdivision, a child requires a level of care provided in
121.33 an ICF/MR if the commissioner finds that the child has mental
121.34 retardation or a related condition in accordance with section
121.35 256B.092, is in need of a 24-hour plan of care and active
121.36 treatment similar to persons with mental retardation, and there
122.1 is a reasonable indication that the child will need ICF/MR
122.2 services.
122.3 (e) For purposes of this subdivision, a person requires the
122.4 level of care provided in a nursing facility if the person
122.5 requires 24-hour monitoring or supervision and a plan of mental
122.6 health treatment because of specific symptoms or functional
122.7 impairments associated with a serious mental illness or disorder
122.8 diagnosis, which meet severity criteria for mental health
122.9 established by the commissioner based on standards developed for
122.10 the Wisconsin Katie Beckett program and published in July 1994
122.11 March 1997 as the Minnesota Mental Health Level of Care for
122.12 Children and Adolescents with Severe Emotional Disorders.
122.13 (f) The determination of the level of care needed by the
122.14 child shall be made by the commissioner based on information
122.15 supplied to the commissioner by the parent or guardian, the
122.16 child's physician or physicians, and other professionals as
122.17 requested by the commissioner. The commissioner shall establish
122.18 a screening team to conduct the level of care determinations
122.19 according to this subdivision.
122.20 (g) If a child meets the conditions in paragraph (b), (c),
122.21 (d), or (e), the commissioner must assess the case to determine
122.22 whether:
122.23 (1) the child qualifies as a disabled individual under
122.24 United States Code, title 42, section 1382c(a), and would be
122.25 eligible for medical assistance if residing in a medical
122.26 institution; and
122.27 (2) the cost of medical assistance services for the child,
122.28 if eligible under this subdivision, would not be more than the
122.29 cost to medical assistance if the child resides in a medical
122.30 institution to be determined as follows:
122.31 (i) for a child who requires a level of care provided in an
122.32 ICF/MR, the cost of care for the child in an institution shall
122.33 be determined using the average payment rate established for the
122.34 regional treatment centers that are certified as ICFs/MR;
122.35 (ii) for a child who requires a level of care provided in
122.36 an inpatient hospital setting according to paragraph (b),
123.1 cost-effectiveness shall be determined according to Minnesota
123.2 Rules, part 9505.3520, items F and G; and
123.3 (iii) for a child who requires a level of care provided in
123.4 a nursing facility according to paragraph (c) or (e),
123.5 cost-effectiveness shall be determined according to Minnesota
123.6 Rules, part 9505.3040, except that the nursing facility average
123.7 rate shall be adjusted to reflect rates which would be paid for
123.8 children under age 16. The commissioner may authorize an amount
123.9 up to the amount medical assistance would pay for a child
123.10 referred to the commissioner by the preadmission screening team
123.11 under section 256B.0911.
123.12 (h) Children eligible for medical assistance services under
123.13 section 256B.055, subdivision 12, as of June 30, 1995, must be
123.14 screened according to the criteria in this subdivision prior to
123.15 January 1, 1996. Children found to be ineligible may not be
123.16 removed from the program until January 1, 1996.
123.17 Sec. 20. Minnesota Statutes 1996, section 256B.056,
123.18 subdivision 4, is amended to read:
123.19 Subd. 4. [INCOME.] To be eligible for medical assistance,
123.20 a person must not have, or anticipate receiving, semiannual
123.21 income in excess of 120 percent of the income standards by
123.22 family size used in the aid to families with dependent children
123.23 program, except that families and children may have an income up
123.24 to 133-1/3 percent of the AFDC income standard. In computing
123.25 income to determine eligibility of persons who are not residents
123.26 of long-term care facilities, the commissioner shall disregard
123.27 increases in income as required by Public Law Numbers 94-566,
123.28 section 503; 99-272; and 99-509. Veterans aid and attendance
123.29 benefits and Veterans Administration unusual medical expense
123.30 payments are considered income to the recipient.
123.31 Sec. 21. Minnesota Statutes 1996, section 256B.056,
123.32 subdivision 5, is amended to read:
123.33 Subd. 5. [EXCESS INCOME.] A person who has excess income
123.34 is eligible for medical assistance if the person has expenses
123.35 for medical care that are more than the amount of the person's
123.36 excess income, computed by deducting incurred medical expenses
124.1 from the excess income to reduce the excess to the income
124.2 standard specified in subdivision 4. The person shall elect to
124.3 have the medical expenses deducted at the beginning of a
124.4 one-month budget period or at the beginning of a six-month
124.5 budget period. Until June 30, 1993, or the date the Medicaid
124.6 Management Information System (MMIS) upgrade is implemented,
124.7 whichever occurs last, The commissioner shall allow persons
124.8 eligible for assistance on a one-month spenddown basis under
124.9 this subdivision to elect to pay the monthly spenddown amount in
124.10 advance of the month of eligibility to the local state agency in
124.11 order to maintain eligibility on a continuous basis. If the
124.12 recipient does not pay the spenddown amount on or before
124.13 the 10th 20th of the month, the recipient is ineligible for this
124.14 option for the following month. The local agency must deposit
124.15 spenddown payments into its treasury and issue a monthly payment
124.16 to the state agency with the necessary individual account
124.17 information. The local agency shall code the client eligibility
124.18 Medicaid Management Information System (MMIS) to indicate that
124.19 the spenddown obligation has been satisfied for the month
124.20 paid recipient has elected this option. The state agency shall
124.21 convey this information recipient eligibility information
124.22 relative to the collection of the spenddown to providers through
124.23 eligibility cards which list no remaining spenddown obligation.
124.24 After the implementation of the MMIS upgrade, the Electronic
124.25 Verification System (EVS). A recipient electing advance payment
124.26 must pay the state agency the monthly spenddown amount on or
124.27 before the 10th 20th of the month in order to be eligible for
124.28 this option in the following month.
124.29 Sec. 22. Minnesota Statutes 1996, section 256B.057,
124.30 subdivision 1, is amended to read:
124.31 Subdivision 1. [PREGNANT WOMEN AND INFANTS.] An infant
124.32 less than one year of age or a pregnant woman who has written
124.33 verification of a positive pregnancy test from a physician or
124.34 licensed registered nurse, is eligible for medical assistance if
124.35 countable family income is equal to or less than 275 percent of
124.36 the federal poverty guideline for the same family size. For
125.1 purposes of this subdivision, "countable family income" means
125.2 the amount of income considered available using the methodology
125.3 of the AFDC program, except for the earned income disregard and
125.4 employment deductions. An amount equal to the amount of earned
125.5 income exceeding 275 percent of the federal poverty guideline,
125.6 up to a maximum of the amount by which the combined total of 185
125.7 percent of the federal poverty guideline plus the earned income
125.8 disregards and deductions of the AFDC program exceeds 275
125.9 percent of the federal poverty guideline will be deducted for
125.10 pregnant women and infants less than one year of age.
125.11 Eligibility for a pregnant woman or infant less than one year of
125.12 age under this subdivision must be determined without regard to
125.13 asset standards established in section 256B.056, subdivision 3.
125.14 An infant born on or after January 1, 1991, to a woman who
125.15 was eligible for and receiving medical assistance on the date of
125.16 the child's birth shall continue to be eligible for medical
125.17 assistance without redetermination until the child's first
125.18 birthday, as long as the child remains in the woman's household.
125.19 Sec. 23. Minnesota Statutes 1996, section 256B.057,
125.20 subdivision 1b, is amended to read:
125.21 Subd. 1b. [PREGNANT WOMEN AND INFANTS; EXPANSION.] This
125.22 subdivision supersedes subdivision 1 as long as the Minnesota
125.23 health care reform waiver remains in effect. When the waiver
125.24 expires, the commissioner of human services shall publish a
125.25 notice in the State Register and notify the revisor of
125.26 statutes. An infant less than two years of age or a pregnant
125.27 woman who has written verification of a positive pregnancy test
125.28 from a physician or licensed registered nurse, is eligible for
125.29 medical assistance if countable family income is equal to or
125.30 less than 275 percent of the federal poverty guideline for the
125.31 same family size. For purposes of this subdivision, "countable
125.32 family income" means the amount of income considered available
125.33 using the methodology of the AFDC program, except for the earned
125.34 income disregard and employment deductions. An amount equal to
125.35 the amount of earned income exceeding 275 percent of the federal
125.36 poverty guideline, up to a maximum of the amount by which the
126.1 combined total of 185 percent of the federal poverty guideline
126.2 plus the earned income disregards and deductions of the AFDC
126.3 program exceeds 275 percent of the federal poverty guideline
126.4 will be deducted for pregnant women and infants less than two
126.5 years of age. Eligibility for a pregnant woman or infant less
126.6 than two years of age under this subdivision must be determined
126.7 without regard to asset standards established in section
126.8 256B.056, subdivision 3.
126.9 An infant born on or after January 1, 1991, to a woman who
126.10 was eligible for and receiving medical assistance on the date of
126.11 the child's birth shall continue to be eligible for medical
126.12 assistance without redetermination until the child's second
126.13 birthday, as long as the child remains in the woman's household.
126.14 Sec. 24. Minnesota Statutes 1996, section 256B.057,
126.15 subdivision 2, is amended to read:
126.16 Subd. 2. [CHILDREN.] A child one through five years of age
126.17 in a family whose countable income is less than 133 percent of
126.18 the federal poverty guidelines for the same family size, is
126.19 eligible for medical assistance. A child six through 18 years
126.20 of age, who was born after September 30, 1983, in a family whose
126.21 countable income is less than 100 percent of the federal poverty
126.22 guidelines for the same family size is eligible for medical
126.23 assistance. Eligibility for children under this subdivision
126.24 must be determined without regard to asset standards established
126.25 in section 256B.056, subdivision 3.
126.26 Sec. 25. Minnesota Statutes 1996, section 256B.0625,
126.27 subdivision 13, is amended to read:
126.28 Subd. 13. [DRUGS.] (a) Medical assistance covers drugs,
126.29 except for fertility drugs when specifically used to enhance
126.30 fertility, if prescribed by a licensed practitioner and
126.31 dispensed by a licensed pharmacist, by a physician enrolled in
126.32 the medical assistance program as a dispensing physician, or by
126.33 a physician or a nurse practitioner employed by or under
126.34 contract with a community health board as defined in section
126.35 145A.02, subdivision 5, for the purposes of communicable disease
126.36 control. The commissioner, after receiving recommendations from
127.1 professional medical associations and professional pharmacist
127.2 associations, shall designate a formulary committee to advise
127.3 the commissioner on the names of drugs for which payment is
127.4 made, recommend a system for reimbursing providers on a set fee
127.5 or charge basis rather than the present system, and develop
127.6 methods encouraging use of generic drugs when they are less
127.7 expensive and equally effective as trademark drugs. The
127.8 formulary committee shall consist of nine members, four of whom
127.9 shall be physicians who are not employed by the department of
127.10 human services, and a majority of whose practice is for persons
127.11 paying privately or through health insurance, three of whom
127.12 shall be pharmacists who are not employed by the department of
127.13 human services, and a majority of whose practice is for persons
127.14 paying privately or through health insurance, a consumer
127.15 representative, and a nursing home representative. Committee
127.16 members shall serve three-year terms and shall serve without
127.17 compensation. Members may be reappointed once.
127.18 (b) The commissioner shall establish a drug formulary. Its
127.19 establishment and publication shall not be subject to the
127.20 requirements of the administrative procedure act, but the
127.21 formulary committee shall review and comment on the formulary
127.22 contents. The formulary committee shall review and recommend
127.23 drugs which require prior authorization. The formulary
127.24 committee may recommend drugs for prior authorization directly
127.25 to the commissioner, as long as opportunity for public input is
127.26 provided. Prior authorization may be requested by the
127.27 commissioner based on medical and clinical criteria before
127.28 certain drugs are eligible for payment. Before a drug may be
127.29 considered for prior authorization at the request of the
127.30 commissioner:
127.31 (1) the drug formulary committee must develop criteria to
127.32 be used for identifying drugs; the development of these criteria
127.33 is not subject to the requirements of chapter 14, but the
127.34 formulary committee shall provide opportunity for public input
127.35 in developing criteria;
127.36 (2) the drug formulary committee must hold a public forum
128.1 and receive public comment for an additional 15 days; and
128.2 (3) the commissioner must provide information to the
128.3 formulary committee on the impact that placing the drug on prior
128.4 authorization will have on the quality of patient care and
128.5 information regarding whether the drug is subject to clinical
128.6 abuse or misuse. Prior authorization may be required by the
128.7 commissioner before certain formulary drugs are eligible for
128.8 payment. The formulary shall not include:
128.9 (i) drugs or products for which there is no federal
128.10 funding;
128.11 (ii) over-the-counter drugs, except for antacids,
128.12 acetaminophen, family planning products, aspirin, insulin,
128.13 products for the treatment of lice, vitamins for adults with
128.14 documented vitamin deficiencies, and vitamins for children under
128.15 the age of seven and pregnant or nursing women;, and
128.16 (iii) any other over-the-counter drug identified by the
128.17 commissioner, in consultation with the drug formulary committee,
128.18 as necessary, appropriate, and cost-effective for the treatment
128.19 of certain specified chronic diseases, conditions or disorders,
128.20 and this determination shall not be subject to the requirements
128.21 of chapter 14;
128.22 (iv) (iii) anorectics; and
128.23 (v) (iv) drugs for which medical value has not been
128.24 established.
128.25 The commissioner shall publish conditions for prohibiting
128.26 payment for specific drugs after considering the formulary
128.27 committee's recommendations.
128.28 (c) The basis for determining the amount of payment shall
128.29 be the lower of the actual acquisition costs of the drugs plus a
128.30 fixed dispensing fee; the maximum allowable cost set by the
128.31 federal government or by the commissioner plus the fixed
128.32 dispensing fee; or the usual and customary price charged to the
128.33 public. The pharmacy dispensing fee shall be $3.85 $3.65.
128.34 Actual acquisition cost includes quantity and other special
128.35 discounts except time and cash discounts. The actual
128.36 acquisition cost of a drug shall be estimated by the
129.1 commissioner, at average wholesale price minus nine percent.
129.2 The maximum allowable cost of a multisource drug may be set by
129.3 the commissioner and it shall be comparable to, but no higher
129.4 than, the maximum amount paid by other third-party payors in
129.5 this state who have maximum allowable cost programs.
129.6 Establishment of the amount of payment for drugs shall not be
129.7 subject to the requirements of the administrative procedure
129.8 act. An additional dispensing fee of $.30 may be added to the
129.9 dispensing fee paid to pharmacists for legend drug prescriptions
129.10 dispensed to residents of long-term care facilities when a unit
129.11 dose blister card system, approved by the department, is used.
129.12 Under this type of dispensing system, the pharmacist must
129.13 dispense a 30-day supply of drug. The National Drug Code (NDC)
129.14 from the drug container used to fill the blister card must be
129.15 identified on the claim to the department. The unit dose
129.16 blister card containing the drug must meet the packaging
129.17 standards set forth in Minnesota Rules, part 6800.2700, that
129.18 govern the return of unused drugs to the pharmacy for reuse.
129.19 The pharmacy provider will be required to credit the department
129.20 for the actual acquisition cost of all unused drugs that are
129.21 eligible for reuse. Over-the-counter medications must be
129.22 dispensed in the manufacturer's unopened package. The
129.23 commissioner may permit the drug clozapine to be dispensed in a
129.24 quantity that is less than a 30-day supply. Whenever a
129.25 generically equivalent product is available, payment shall be on
129.26 the basis of the actual acquisition cost of the generic drug,
129.27 unless the prescriber specifically indicates "dispense as
129.28 written - brand necessary" on the prescription as required by
129.29 section 151.21, subdivision 2.
129.30 Sec. 26. Minnesota Statutes 1996, section 256B.0625, is
129.31 amended by adding a subdivision to read:
129.32 Subd. 31a. [AUGMENTATIVE AND ALTERNATIVE COMMUNICATION
129.33 SYSTEMS.] (a) Medical assistance covers augmentative and
129.34 alternative communication systems consisting of electronic or
129.35 nonelectronic devices and the related components necessary to
129.36 enable a person with severe expressive communication limitations
130.1 to produce or transmit messages or symbols in a manner that
130.2 compensates for that disability.
130.3 (b) By January 1, 1998, the commissioner, in cooperation
130.4 with the commissioner of administration, shall establish an
130.5 augmentative and alternative communication system purchasing
130.6 program within a state agency or by contract with a qualified
130.7 private entity. The purpose of this service is to facilitate
130.8 ready availability of the augmentative and alternative
130.9 communication systems needed to meet the needs of persons with
130.10 severe expressive communication limitations in an efficient and
130.11 cost-effective manner. This program shall:
130.12 (1) coordinate purchase and rental of augmentative and
130.13 alternative communication systems;
130.14 (2) negotiate agreements with manufacturers and vendors for
130.15 purchase of components of these systems, for warranty coverage,
130.16 and for repair service;
130.17 (3) when efficient and cost-effective, maintain and
130.18 refurbish if needed, an inventory of components of augmentative
130.19 and alternative communication systems for short- or long-term
130.20 loan to recipients;
130.21 (4) facilitate training sessions for service providers,
130.22 consumers, and families on augmentative and alternative
130.23 communication systems; and
130.24 (5) develop a recycling program for used augmentative and
130.25 alternative communications systems to be reissued and used for
130.26 trials and short-term use, when appropriate.
130.27 The availability of components of augmentative and
130.28 alternative communication systems through this program is
130.29 subject to prior authorization requirements established under
130.30 subdivision 25.
130.31 Reimbursement rates established by this purchasing program
130.32 are not subject to Minnesota Rules, part 9505.0445, item S or T.
130.33 Sec. 27. Minnesota Statutes 1996, section 256B.0626, is
130.34 amended to read:
130.35 256B.0626 [ESTIMATION OF 50TH PERCENTILE OF PREVAILING
130.36 CHARGES.]
131.1 (a) The 50th percentile of the prevailing charge for the
131.2 base year identified in statute must be estimated by the
131.3 commissioner in the following situations:
131.4 (1) there were less than ten five billings in the calendar
131.5 year specified in legislation governing maximum payment rates;
131.6 (2) the service was not available in the calendar year
131.7 specified in legislation governing maximum payment rates;
131.8 (3) the payment amount is the result of a provider appeal;
131.9 (4) the procedure code description has changed since the
131.10 calendar year specified in legislation governing maximum payment
131.11 rates, and, therefore, the prevailing charge information
131.12 reflects the same code but a different procedure description; or
131.13 (5) the 50th percentile reflects a payment which is grossly
131.14 inequitable when compared with payment rates for procedures or
131.15 services which are substantially similar.
131.16 (b) When one of the situations identified in paragraph (a)
131.17 occurs, the commissioner shall use the following methodology to
131.18 reconstruct a rate comparable to the 50th percentile of the
131.19 prevailing rate:
131.20 (1) refer to information which exists for the first nine
131.21 four billings in the calendar year specified in legislation
131.22 governing maximum payment rates; or
131.23 (2) refer to surrounding or comparable procedure codes; or
131.24 (3) refer to the 50th percentile of years subsequent to the
131.25 calendar year specified in legislation governing maximum payment
131.26 rates, and reduce that amount by applying an appropriate
131.27 Consumer Price Index formula; or
131.28 (4) refer to relative value indexes; or
131.29 (5) refer to reimbursement information from other third
131.30 parties, such as Medicare.
131.31 Sec. 28. Minnesota Statutes 1996, section 256B.0627,
131.32 subdivision 5, is amended to read:
131.33 Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance
131.34 payments for home care services shall be limited according to
131.35 this subdivision.
131.36 (a) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A
132.1 recipient may receive the following home care services during a
132.2 calendar year:
132.3 (1) any initial assessment; and
132.4 (2) up to two reassessments per year done to determine a
132.5 recipient's need for personal care services; and
132.6 (3) up to five skilled nurse visits.
132.7 (b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care
132.8 services above the limits in paragraph (a) must receive the
132.9 commissioner's prior authorization, except when:
132.10 (1) the home care services were required to treat an
132.11 emergency medical condition that if not immediately treated
132.12 could cause a recipient serious physical or mental disability,
132.13 continuation of severe pain, or death. The provider must
132.14 request retroactive authorization no later than five working
132.15 days after giving the initial service. The provider must be
132.16 able to substantiate the emergency by documentation such as
132.17 reports, notes, and admission or discharge histories;
132.18 (2) the home care services were provided on or after the
132.19 date on which the recipient's eligibility began, but before the
132.20 date on which the recipient was notified that the case was
132.21 opened. Authorization will be considered if the request is
132.22 submitted by the provider within 20 working days of the date the
132.23 recipient was notified that the case was opened;
132.24 (3) a third-party payor for home care services has denied
132.25 or adjusted a payment. Authorization requests must be submitted
132.26 by the provider within 20 working days of the notice of denial
132.27 or adjustment. A copy of the notice must be included with the
132.28 request;
132.29 (4) the commissioner has determined that a county or state
132.30 human services agency has made an error; or
132.31 (5) the professional nurse determines an immediate need for
132.32 up to 40 skilled nursing or home health aide visits per calendar
132.33 year and submits a request for authorization within 20 working
132.34 days of the initial service date, and medical assistance is
132.35 determined to be the appropriate payer.
132.36 (c) [RETROACTIVE AUTHORIZATION.] A request for retroactive
133.1 authorization will be evaluated according to the same criteria
133.2 applied to prior authorization requests.
133.3 (d) [ASSESSMENT AND SERVICE PLAN.] Assessments under
133.4 section 256B.0627, subdivision 1, paragraph (a), shall be
133.5 conducted initially, and at least annually thereafter, in person
133.6 with the recipient and result in a completed service plan using
133.7 forms specified by the commissioner. Within 30 days of
133.8 recipient or responsible party request for home care services,
133.9 the assessment, the service plan, and other information
133.10 necessary to determine medical necessity such as diagnostic or
133.11 testing information, social or medical histories, and hospital
133.12 or facility discharge summaries shall be submitted to the
133.13 commissioner. For personal care services:
133.14 (1) The amount and type of service authorized based upon
133.15 the assessment and service plan will follow the recipient if the
133.16 recipient chooses to change providers.
133.17 (2) If the recipient's medical need changes, the
133.18 recipient's provider may assess the need for a change in service
133.19 authorization and request the change from the county public
133.20 health nurse. Within 30 days of the request, the public health
133.21 nurse will determine whether to request the change in services
133.22 based upon the provider assessment, or conduct a home visit to
133.23 assess the need and determine whether the change is appropriate.
133.24 (3) To continue to receive personal care services when the
133.25 recipient displays no significant change, the county public
133.26 health nurse has the option to review with the commissioner, or
133.27 the commissioner's designee, the service plan on record and
133.28 receive authorization for up to an additional 12 months at a
133.29 time for up to three years.
133.30 (e) [PRIOR AUTHORIZATION.] The commissioner, or the
133.31 commissioner's designee, shall review the assessment, the
133.32 service plan, and any additional information that is submitted.
133.33 The commissioner shall, within 30 days after receiving a
133.34 complete request, assessment, and service plan, authorize home
133.35 care services as follows:
133.36 (1) [HOME HEALTH SERVICES.] All home health services
134.1 provided by a licensed nurse or a home health aide must be prior
134.2 authorized by the commissioner or the commissioner's designee.
134.3 Prior authorization must be based on medical necessity and
134.4 cost-effectiveness when compared with other care options. When
134.5 home health services are used in combination with personal care
134.6 and private duty nursing, the cost of all home care services
134.7 shall be considered for cost-effectiveness. The commissioner
134.8 shall limit nurse and home health aide visits to no more than
134.9 one visit each per day.
134.10 (2) [PERSONAL CARE SERVICES.] (i) All personal care
134.11 services and registered nurse supervision must be prior
134.12 authorized by the commissioner or the commissioner's designee
134.13 except for the assessments established in paragraph (a). The
134.14 amount of personal care services authorized must be based on the
134.15 recipient's home care rating. A child may not be found to be
134.16 dependent in an activity of daily living if because of the
134.17 child's age an adult would either perform the activity for the
134.18 child or assist the child with the activity and the amount of
134.19 assistance needed is similar to the assistance appropriate for a
134.20 typical child of the same age. Based on medical necessity, the
134.21 commissioner may authorize:
134.22 (A) up to two times the average number of direct care hours
134.23 provided in nursing facilities for the recipient's comparable
134.24 case mix level; or
134.25 (B) up to three times the average number of direct care
134.26 hours provided in nursing facilities for recipients who have
134.27 complex medical needs or are dependent in at least seven
134.28 activities of daily living and need physical assistance with
134.29 eating or have a neurological diagnosis; or
134.30 (C) up to 60 percent of the average reimbursement rate, as
134.31 of July 1, 1991, for care provided in a regional treatment
134.32 center for recipients who have Level I behavior, plus any
134.33 inflation adjustment as provided by the legislature for personal
134.34 care service; or
134.35 (D) up to the amount the commissioner would pay, as of July
134.36 1, 1991, plus any inflation adjustment provided for home care
135.1 services, for care provided in a regional treatment center for
135.2 recipients referred to the commissioner by a regional treatment
135.3 center preadmission evaluation team. For purposes of this
135.4 clause, home care services means all services provided in the
135.5 home or community that would be included in the payment to a
135.6 regional treatment center; or
135.7 (E) up to the amount medical assistance would reimburse for
135.8 facility care for recipients referred to the commissioner by a
135.9 preadmission screening team established under section 256B.0911
135.10 or 256B.092; and
135.11 (F) a reasonable amount of time for the provision of
135.12 nursing supervision of personal care services.
135.13 (ii) The number of direct care hours shall be determined
135.14 according to the annual cost report submitted to the department
135.15 by nursing facilities. The average number of direct care hours,
135.16 as established by May 1, 1992, shall be calculated and
135.17 incorporated into the home care limits on July 1, 1992. These
135.18 limits shall be calculated to the nearest quarter hour.
135.19 (iii) The home care rating shall be determined by the
135.20 commissioner or the commissioner's designee based on information
135.21 submitted to the commissioner by the county public health nurse
135.22 on forms specified by the commissioner. The home care rating
135.23 shall be a combination of current assessment tools developed
135.24 under sections 256B.0911 and 256B.501 with an addition for
135.25 seizure activity that will assess the frequency and severity of
135.26 seizure activity and with adjustments, additions, and
135.27 clarifications that are necessary to reflect the needs and
135.28 conditions of recipients who need home care including children
135.29 and adults under 65 years of age. The commissioner shall
135.30 establish these forms and protocols under this section and shall
135.31 use an advisory group, including representatives of recipients,
135.32 providers, and counties, for consultation in establishing and
135.33 revising the forms and protocols.
135.34 (iv) A recipient shall qualify as having complex medical
135.35 needs if the care required is difficult to perform and because
135.36 of recipient's medical condition requires more time than
136.1 community-based standards allow or requires more skill than
136.2 would ordinarily be required and the recipient needs or has one
136.3 or more of the following:
136.4 (A) daily tube feedings;
136.5 (B) daily parenteral therapy;
136.6 (C) wound or decubiti care;
136.7 (D) postural drainage, percussion, nebulizer treatments,
136.8 suctioning, tracheotomy care, oxygen, mechanical ventilation;
136.9 (E) catheterization;
136.10 (F) ostomy care;
136.11 (G) quadriplegia; or
136.12 (H) other comparable medical conditions or treatments the
136.13 commissioner determines would otherwise require institutional
136.14 care.
136.15 (v) A recipient shall qualify as having Level I behavior if
136.16 there is reasonable supporting evidence that the recipient
136.17 exhibits, or that without supervision, observation, or
136.18 redirection would exhibit, one or more of the following
136.19 behaviors that cause, or have the potential to cause:
136.20 (A) injury to the recipient's own body;
136.21 (B) physical injury to other people; or
136.22 (C) destruction of property.
136.23 (vi) Time authorized for personal care relating to Level I
136.24 behavior in subclause (v), items (A) to (C), shall be based on
136.25 the predictability, frequency, and amount of intervention
136.26 required.
136.27 (vii) A recipient shall qualify as having Level II behavior
136.28 if the recipient exhibits on a daily basis one or more of the
136.29 following behaviors that interfere with the completion of
136.30 personal care services under subdivision 4, paragraph (a):
136.31 (A) unusual or repetitive habits;
136.32 (B) withdrawn behavior; or
136.33 (C) offensive behavior.
136.34 (viii) A recipient with a home care rating of Level II
136.35 behavior in subclause (vii), items (A) to (C), shall be rated as
136.36 comparable to a recipient with complex medical needs under
137.1 subclause (iv). If a recipient has both complex medical needs
137.2 and Level II behavior, the home care rating shall be the next
137.3 complex category up to the maximum rating under subclause (i),
137.4 item (B).
137.5 (3) [PRIVATE DUTY NURSING SERVICES.] All private duty
137.6 nursing services shall be prior authorized by the commissioner
137.7 or the commissioner's designee. Prior authorization for private
137.8 duty nursing services shall be based on medical necessity and
137.9 cost-effectiveness when compared with alternative care options.
137.10 The commissioner may authorize medically necessary private duty
137.11 nursing services in quarter-hour units when:
137.12 (i) the recipient requires more individual and continuous
137.13 care than can be provided during a nurse visit; or
137.14 (ii) the cares are outside of the scope of services that
137.15 can be provided by a home health aide or personal care assistant.
137.16 The commissioner may authorize:
137.17 (A) up to two times the average amount of direct care hours
137.18 provided in nursing facilities statewide for case mix
137.19 classification "K" as established by the annual cost report
137.20 submitted to the department by nursing facilities in May 1992;
137.21 (B) private duty nursing in combination with other home
137.22 care services up to the total cost allowed under clause (2);
137.23 (C) up to 16 hours per day if the recipient requires more
137.24 nursing than the maximum number of direct care hours as
137.25 established in item (A) and the recipient meets the hospital
137.26 admission criteria established under Minnesota Rules, parts
137.27 9505.0500 to 9505.0540.
137.28 The commissioner may authorize up to 16 hours per day of
137.29 medically necessary private duty nursing services or up to 24
137.30 hours per day of medically necessary private duty nursing
137.31 services until such time as the commissioner is able to make a
137.32 determination of eligibility for recipients who are
137.33 cooperatively applying for home care services under the
137.34 community alternative care program developed under section
137.35 256B.49, or until it is determined by the appropriate regulatory
137.36 agency that a health benefit plan is or is not required to pay
138.1 for appropriate medically necessary health care services.
138.2 Recipients or their representatives must cooperatively assist
138.3 the commissioner in obtaining this determination. Recipients
138.4 who are eligible for the community alternative care program may
138.5 not receive more hours of nursing under this section than would
138.6 otherwise be authorized under section 256B.49.
138.7 (4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is
138.8 ventilator-dependent, the monthly medical assistance
138.9 authorization for home care services shall not exceed what the
138.10 commissioner would pay for care at the highest cost hospital
138.11 designated as a long-term hospital under the Medicare program.
138.12 For purposes of this clause, home care services means all
138.13 services provided in the home that would be included in the
138.14 payment for care at the long-term hospital.
138.15 "Ventilator-dependent" means an individual who receives
138.16 mechanical ventilation for life support at least six hours per
138.17 day and is expected to be or has been dependent for at least 30
138.18 consecutive days.
138.19 (f) [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner
138.20 or the commissioner's designee shall determine the time period
138.21 for which a prior authorization shall be effective. If the
138.22 recipient continues to require home care services beyond the
138.23 duration of the prior authorization, the home care provider must
138.24 request a new prior authorization. Under no circumstances,
138.25 other than the exceptions in paragraph (b), shall a prior
138.26 authorization be valid prior to the date the commissioner
138.27 receives the request or for more than 12 months. A recipient
138.28 who appeals a reduction in previously authorized home care
138.29 services may continue previously authorized services, other than
138.30 temporary services under paragraph (h), pending an appeal under
138.31 section 256.045. The commissioner must provide a detailed
138.32 explanation of why the authorized services are reduced in amount
138.33 from those requested by the home care provider.
138.34 (g) [APPROVAL OF HOME CARE SERVICES.] The commissioner or
138.35 the commissioner's designee shall determine the medical
138.36 necessity of home care services, the level of caregiver
139.1 according to subdivision 2, and the institutional comparison
139.2 according to this subdivision, the cost-effectiveness of
139.3 services, and the amount, scope, and duration of home care
139.4 services reimbursable by medical assistance, based on the
139.5 assessment, primary payer coverage determination information as
139.6 required, the service plan, the recipient's age, the cost of
139.7 services, the recipient's medical condition, and diagnosis or
139.8 disability. The commissioner may publish additional criteria
139.9 for determining medical necessity according to section 256B.04.
139.10 (h) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.]
139.11 The agency nurse, the independently enrolled private duty nurse,
139.12 or county public health nurse may request a temporary
139.13 authorization for home care services by telephone. The
139.14 commissioner may approve a temporary level of home care services
139.15 based on the assessment, and service or care plan information,
139.16 and primary payer coverage determination information as required.
139.17 Authorization for a temporary level of home care services
139.18 including nurse supervision is limited to the time specified by
139.19 the commissioner, but shall not exceed 45 days, unless extended
139.20 because the county public health nurse has not completed the
139.21 required assessment and service plan, or the commissioner's
139.22 determination has not been made. The level of services
139.23 authorized under this provision shall have no bearing on a
139.24 future prior authorization.
139.25 (i) [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.]
139.26 Home care services provided in an adult or child foster care
139.27 setting must receive prior authorization by the department
139.28 according to the limits established in paragraph (a).
139.29 The commissioner may not authorize:
139.30 (1) home care services that are the responsibility of the
139.31 foster care provider under the terms of the foster care
139.32 placement agreement and administrative rules. Requests for home
139.33 care services for recipients residing in a foster care setting
139.34 must include the foster care placement agreement and
139.35 determination of difficulty of care;
139.36 (2) personal care services when the foster care license
140.1 holder is also the personal care provider or personal care
140.2 assistant unless the recipient can direct the recipient's own
140.3 care, or case management is provided as required in section
140.4 256B.0625, subdivision 19a;
140.5 (3) personal care services when the responsible party is an
140.6 employee of, or under contract with, or has any direct or
140.7 indirect financial relationship with the personal care provider
140.8 or personal care assistant, unless case management is provided
140.9 as required in section 256B.0625, subdivision 19a;
140.10 (4) home care services when the number of foster care
140.11 residents is greater than four unless the county responsible for
140.12 the recipient's foster placement made the placement prior to
140.13 April 1, 1992, requests that home care services be provided, and
140.14 case management is provided as required in section 256B.0625,
140.15 subdivision 19a; or
140.16 (5) home care services when combined with foster care
140.17 payments, other than room and board payments that exceed the
140.18 total amount that public funds would pay for the recipient's
140.19 care in a medical institution.
140.20 Sec. 29. Minnesota Statutes 1996, section 256B.0627, is
140.21 amended by adding a subdivision to read:
140.22 Subd. 8. [PERSONAL CARE ASSISTANT SERVICES.] Recipients of
140.23 personal care assistant services may share staff and the
140.24 commissioner shall provide a rate system for shared personal
140.25 care assistant services. The rate system shall not exceed 1-1/2
140.26 the amount paid for providing services to one person, and shall
140.27 increase incrementally by one-half the cost of serving a single
140.28 person, for each person served. A personal care assistant may
140.29 not serve more than three children in a single setting.
140.30 Nothing in this subdivision shall be construed to reduce
140.31 the total number of hours authorized for an individual recipient.
140.32 Sec. 30. Minnesota Statutes 1996, section 256B.064,
140.33 subdivision 1a, is amended to read:
140.34 Subd. 1a. [GROUNDS FOR MONETARY RECOVERY AND SANCTIONS
140.35 AGAINST VENDORS.] The commissioner may seek monetary recovery
140.36 and impose sanctions against vendors of medical care for any of
141.1 the following: fraud, theft, or abuse in connection with the
141.2 provision of medical care to recipients of public assistance; a
141.3 pattern of presentment of false or duplicate claims or claims
141.4 for services not medically necessary; a pattern of making false
141.5 statements of material facts for the purpose of obtaining
141.6 greater compensation than that to which the vendor is legally
141.7 entitled; suspension or termination as a Medicare vendor; and
141.8 refusal to grant the state agency access during regular business
141.9 hours to examine all records necessary to disclose the extent of
141.10 services provided to program recipients; and any reason for
141.11 which a vendor could be excluded from participation in the
141.12 Medicare program under section 1128, 1128A, or 1866(b)(2) of the
141.13 Social Security Act. The determination of services not
141.14 medically necessary may be made by the commissioner in
141.15 consultation with a peer advisory task force appointed by the
141.16 commissioner on the recommendation of appropriate professional
141.17 organizations. The task force expires as provided in section
141.18 15.059, subdivision 5.
141.19 Sec. 31. Minnesota Statutes 1996, section 256B.064,
141.20 subdivision 1c, is amended to read:
141.21 Subd. 1c. [METHODS OF MONETARY RECOVERY.] The commissioner
141.22 may obtain monetary recovery for the conduct described in
141.23 subdivision 1a by the following from a vendor who has been
141.24 improperly paid either as a result of conduct described in
141.25 subdivision 1a or as a result of a vendor or department error,
141.26 regardless of whether the error was intentional. The
141.27 commissioner may obtain monetary recovery using methods,
141.28 including but not limited to the following: assessing and
141.29 recovering money erroneously improperly paid and debiting from
141.30 future payments any money erroneously improperly paid, except
141.31 that. Patterns need not be proven as a precondition to monetary
141.32 recovery for of erroneous or false claims, duplicate claims,
141.33 claims for services not medically necessary, or claims based on
141.34 false statements. The commissioner may shall charge interest on
141.35 money to be recovered if the recovery is to be made by
141.36 installment payments or debits, except when the monetary
142.1 recovery is of an overpayment that resulted from a department
142.2 error. The interest charged shall be the rate established by
142.3 the commissioner of revenue under section 270.75.
142.4 Sec. 32. Minnesota Statutes 1996, section 256B.064,
142.5 subdivision 2, is amended to read:
142.6 Subd. 2. [IMPOSITION OF MONETARY RECOVERY AND SANCTIONS.]
142.7 (a) The commissioner shall determine monetary amounts to be
142.8 recovered and the sanction to be imposed upon a vendor of
142.9 medical care for conduct described by subdivision 1a. Except in
142.10 the case of a conviction for conduct described in subdivision 1a
142.11 as provided in paragraph (b), neither a monetary recovery nor a
142.12 sanction will be sought imposed by the commissioner without
142.13 prior notice and an opportunity for a hearing, pursuant
142.14 according to chapter 14, on the commissioner's proposed action,
142.15 provided that the commissioner may suspend or reduce payment to
142.16 a vendor of medical care, except a nursing home or convalescent
142.17 care facility, after notice and prior to the hearing if in the
142.18 commissioner's opinion that action is necessary to protect the
142.19 public welfare and the interests of the program.
142.20 (b) Except for a nursing home or convalescent care
142.21 facility, the commissioner may withhold or reduce payments to a
142.22 vendor of medical care without providing advance notice of such
142.23 withholding or reduction if either of the following occurs:
142.24 (1) the vendor is convicted of a crime involving the
142.25 conduct described in subdivision 1a; or
142.26 (2) the commissioner receives reliable evidence of fraud or
142.27 willful misrepresentation by the vendor.
142.28 (c) The commissioner must send notice of the withholding or
142.29 reduction of payments under paragraph (b) within five days of
142.30 taking such action. The notice must:
142.31 (1) state that payments are being withheld according to
142.32 paragraph (b);
142.33 (2) except in the case of a conviction for conduct
142.34 described in subdivision 1a, state that the withholding is for a
142.35 temporary period and cite the circumstances under which
142.36 withholding will be terminated;
143.1 (3) identify the types of claims to which the withholding
143.2 applies; and
143.3 (4) inform the vendor of the right to submit written
143.4 evidence for consideration by the commissioner.
143.5 The withholding or reduction of payments will not continue
143.6 after the commissioner determines there is insufficient evidence
143.7 of fraud or willful misrepresentation by the vendor, or after
143.8 legal proceedings relating to the alleged fraud or willful
143.9 misrepresentation are completed, unless the commissioner has
143.10 sent notice of intention to impose monetary recovery or
143.11 sanctions under paragraph (a).
143.12 (d) Upon receipt of a notice under paragraph (a) that a
143.13 monetary recovery or sanction is to be imposed, a vendor may
143.14 request a contested case, as defined in section 14.02,
143.15 subdivision 3, by filing with the commissioner a written request
143.16 of appeal. The appeal request must be received by the
143.17 commissioner no later than 30 days after the date the
143.18 notification of monetary recovery or sanction was mailed to the
143.19 vendor. The appeal request must specify:
143.20 (1) each disputed item, the reason for the dispute, and an
143.21 estimate of the dollar amount involved for each disputed item;
143.22 (2) the computation that the vendor believes is correct;
143.23 (3) the authority in statute or rule upon which the vendor
143.24 relies for each disputed item;
143.25 (4) the name and address of the person or entity with whom
143.26 contacts may be made regarding the appeal; and
143.27 (5) other information required by the commissioner.
143.28 Sec. 33. Minnesota Statutes 1996, section 256B.0644, is
143.29 amended to read:
143.30 256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER
143.31 OTHER STATE HEALTH CARE PROGRAMS.]
143.32 A vendor of medical care, as defined in section 256B.02,
143.33 subdivision 7, and a health maintenance organization, as defined
143.34 in chapter 62D, must participate as a provider or contractor in
143.35 the medical assistance program, general assistance medical care
143.36 program, and MinnesotaCare as a condition of participating as a
144.1 provider in health insurance plans and programs or contractor
144.2 for state employees established under section 43A.18, the public
144.3 employees insurance program under section 43A.316, for health
144.4 insurance plans offered to local statutory or home rule charter
144.5 city, county, and school district employees, the workers'
144.6 compensation system under section 176.135, and insurance plans
144.7 provided through the Minnesota comprehensive health association
144.8 under sections 62E.01 to 62E.16. The limitations on insurance
144.9 plans offered to local government employees shall not be
144.10 applicable in geographic areas where provider participation is
144.11 limited by managed care contracts with the department of human
144.12 services. For providers other than health maintenance
144.13 organizations, participation in the medical assistance program
144.14 means that (1) the provider accepts new medical assistance,
144.15 general assistance medical care, and MinnesotaCare patients or,
144.16 (2) for providers other than dental services providers, at least
144.17 20 percent of the provider's patients are covered by medical
144.18 assistance, general assistance medical care, and MinnesotaCare
144.19 as their primary source of coverage, or (3) for dental services
144.20 providers, at least ten percent of the provider's patients are
144.21 covered by medical assistance, general assistance medical care,
144.22 and MinnesotaCare as their primary source of coverage. The
144.23 commissioner shall establish participation requirements for
144.24 health maintenance organizations. The commissioner shall
144.25 provide lists of participating medical assistance providers on a
144.26 quarterly basis to the commissioner of employee relations, the
144.27 commissioner of labor and industry, and the commissioner of
144.28 commerce. Each of the commissioners shall develop and implement
144.29 procedures to exclude as participating providers in the program
144.30 or programs under their jurisdiction those providers who do not
144.31 participate in the medical assistance program. The commissioner
144.32 of employee relations shall implement this section through
144.33 contracts with participating health and dental carriers.
144.34 Sec. 34. Minnesota Statutes 1996, section 256B.0911,
144.35 subdivision 7, is amended to read:
144.36 Subd. 7. [REIMBURSEMENT FOR CERTIFIED NURSING FACILITIES.]
145.1 (a) Medical assistance reimbursement for nursing facilities
145.2 shall be authorized for a medical assistance recipient only if a
145.3 preadmission screening has been conducted prior to admission or
145.4 the local county agency has authorized an exemption. Medical
145.5 assistance reimbursement for nursing facilities shall not be
145.6 provided for any recipient who the local screener has determined
145.7 does not meet the level of care criteria for nursing facility
145.8 placement or, if indicated, has not had a level II PASARR
145.9 evaluation completed unless an admission for a recipient with
145.10 mental illness is approved by the local mental health authority
145.11 or an admission for a recipient with mental retardation or
145.12 related condition is approved by the state mental retardation
145.13 authority. The county preadmission screening team may deny
145.14 certified nursing facility admission using the level of care
145.15 criteria established under section 144.0721 and deny medical
145.16 assistance reimbursement for certified nursing facility care.
145.17 Persons receiving care in a certified nursing facility or
145.18 certified boarding care home who are reassessed by the
145.19 commissioner of health according to section 144.0722 and
145.20 determined to no longer meet the level of care criteria for a
145.21 certified nursing facility or certified boarding care home may
145.22 no longer remain a resident in the certified nursing facility or
145.23 certified boarding care home and must be relocated to the
145.24 community if the persons were admitted on or after July 1, 1996
145.25 1998.
145.26 (b) Persons receiving services under section 256B.0913,
145.27 subdivisions 1 to 14, or 256B.0915 who are reassessed and found
145.28 to not meet the level of care criteria for admission to a
145.29 certified nursing facility or certified boarding care home may
145.30 no longer receive these services if persons were admitted to the
145.31 program on or after July 1, 1996 1998. The commissioner shall
145.32 make a request to the health care financing administration for a
145.33 waiver allowing screening team approval of Medicaid payments for
145.34 certified nursing facility care. An individual has a choice and
145.35 makes the final decision between nursing facility placement and
145.36 community placement after the screening team's recommendation,
146.1 except as provided in paragraphs (b) and (c).
146.2 (b) (c) The local county mental health authority or the
146.3 state mental retardation authority under Public Law Numbers
146.4 100-203 and 101-508 may prohibit admission to a nursing
146.5 facility, if the individual does not meet the nursing facility
146.6 level of care criteria or needs specialized services as defined
146.7 in Public Law Numbers 100-203 and 101-508. For purposes of this
146.8 section, "specialized services" for a person with mental
146.9 retardation or a related condition means "active treatment" as
146.10 that term is defined in Code of Federal Regulations, title 42,
146.11 section 483.440(a)(1).
146.12 (c) (d) Upon the receipt by the commissioner of approval by
146.13 the Secretary of Health and Human Services of the waiver
146.14 requested under paragraph (a), the local screener shall deny
146.15 medical assistance reimbursement for nursing facility care for
146.16 an individual whose long-term care needs can be met in a
146.17 community-based setting and whose cost of community-based home
146.18 care services is less than 75 percent of the average payment for
146.19 nursing facility care for that individual's case mix
146.20 classification, and who is either:
146.21 (i) a current medical assistance recipient being screened
146.22 for admission to a nursing facility; or
146.23 (ii) an individual who would be eligible for medical
146.24 assistance within 180 days of entering a nursing facility and
146.25 who meets a nursing facility level of care.
146.26 (d) (e) Appeals from the screening team's recommendation or
146.27 the county agency's final decision shall be made according to
146.28 section 256.045, subdivision 3.
146.29 Sec. 35. Minnesota Statutes 1996, section 256B.0912, is
146.30 amended by adding a subdivision to read:
146.31 Subd. 3. [RATE CONSOLIDATION AND EQUALIZATION.] (a) The
146.32 commissioner of human services shall use one maximum
146.33 reimbursement rate for personal care services rendered after
146.34 June 30, 1997, regardless of whether the services are provided
146.35 through the medical assistance program, the alternative care
146.36 program, and the elderly, the community alternatives for
147.1 disabled individuals, the community alternative care, and the
147.2 traumatic brain injury waiver programs. The maximum
147.3 reimbursement rate to be paid must be the reimbursement rate
147.4 paid for personal care services received under the medical
147.5 assistance program on June 30, 1997.
147.6 (b) The maximum reimbursement rates for behavior
147.7 programming and cognitive therapy services provided through the
147.8 traumatic brain injury waiver must be equivalent to the medical
147.9 assistance reimbursement rates for mental health services.
147.10 Sec. 36. Minnesota Statutes 1996, section 256B.0913,
147.11 subdivision 7, is amended to read:
147.12 Subd. 7. [CASE MANAGEMENT.] The lead agency shall appoint
147.13 a social worker from the county agency or a registered nurse
147.14 from the county public health nursing service of the local board
147.15 of health to be the case manager for any person receiving
147.16 services funded by the alternative care program. Providers of
147.17 case management services for persons receiving services funded
147.18 by the alternative care program must meet the qualification
147.19 requirements and standards specified in section 256B.0915,
147.20 subdivision 1b. The case manager must ensure the health and
147.21 safety of the individual client and is responsible for the
147.22 cost-effectiveness of the alternative care individual care
147.23 plan. The county may allow a case manager employed by the
147.24 county to delegate certain aspects of the case management
147.25 activity to another individual employed by the county provided
147.26 there is oversight of the individual by the case manager. The
147.27 case manager may not delegate those aspects which require
147.28 professional judgment including assessments, reassessments, and
147.29 care plan development.
147.30 Sec. 37. Minnesota Statutes 1996, section 256B.0913,
147.31 subdivision 10, is amended to read:
147.32 Subd. 10. [ALLOCATION FORMULA.] (a) The alternative care
147.33 appropriation for fiscal years 1992 and beyond shall cover only
147.34 180-day eligible clients.
147.35 (b) Prior to July 1 of each year, the commissioner shall
147.36 allocate to county agencies the state funds available for
148.1 alternative care for persons eligible under subdivision 2. The
148.2 allocation for fiscal year 1992 shall be calculated using a base
148.3 that is adjusted to exclude the medical assistance share of
148.4 alternative care expenditures. The adjusted base is calculated
148.5 by multiplying each county's allocation for fiscal year 1991 by
148.6 the percentage of county alternative care expenditures for
148.7 180-day eligible clients. The percentage is determined based on
148.8 expenditures for services rendered in fiscal year 1989 or
148.9 calendar year 1989, whichever is greater.
148.10 (c) If the county expenditures for 180-day eligible clients
148.11 are 95 percent or more of its adjusted base allocation, the
148.12 allocation for the next fiscal year is 100 percent of the
148.13 adjusted base, plus inflation to the extent that inflation is
148.14 included in the state budget.
148.15 (d) If the county expenditures for 180-day eligible clients
148.16 are less than 95 percent of its adjusted base allocation, the
148.17 allocation for the next fiscal year is the adjusted base
148.18 allocation less the amount of unspent funds below the 95 percent
148.19 level.
148.20 (e) For fiscal year 1992 only, a county may receive an
148.21 increased allocation if annualized service costs for the month
148.22 of May 1991 for 180-day eligible clients are greater than the
148.23 allocation otherwise determined. A county may apply for this
148.24 increase by reporting projected expenditures for May to the
148.25 commissioner by June 1, 1991. The amount of the allocation may
148.26 exceed the amount calculated in paragraph (b). The projected
148.27 expenditures for May must be based on actual 180-day eligible
148.28 client caseload and the individual cost of clients' care plans.
148.29 If a county does not report its expenditures for May, the amount
148.30 in paragraph (c) or (d) shall be used.
148.31 (f) Calculations for paragraphs (c) and (d) are to be made
148.32 as follows: for each county, the determination of expenditures
148.33 shall be based on payments for services rendered from April 1
148.34 through March 31 in the base year, to the extent that claims
148.35 have been submitted by June 1 of that year. Calculations for
148.36 paragraphs (c) and (d) must also include the funds transferred
149.1 to the consumer support grant program for clients who have
149.2 transferred to that program from April 1 through March 31 in the
149.3 base year.
149.4 Sec. 38. Minnesota Statutes 1996, section 256B.0913,
149.5 subdivision 15, is amended to read:
149.6 Subd. 15. [SERVICE ALLOWANCE FUND AVAILABILITY.] (a)
149.7 Effective July 1, 1996 1998, the commissioner may use
149.8 alternative care funds for services to high function class A
149.9 persons as defined in section 144.0721, subdivision 3, clause
149.10 (2). The county alternative care grant allocation will be
149.11 supplemented with a special allocation amount based on the
149.12 projected number of eligible high function class A's and
149.13 computed on the basis of $240 per month per projected eligible
149.14 person. Individual monthly expenditures under the service
149.15 allowance option are permitted to be either greater or less than
149.16 the amount of $240 per month based on individual need. County
149.17 allocations shall be adjusted periodically based on the actual
149.18 provision of services to high function class A persons. The
149.19 allocation will be distributed by a population based formula and
149.20 shall not exceed the proportion of projected savings made
149.21 available under section 144.0721, subdivision 3.
149.22 (b) Counties shall have the option of providing services,
149.23 cash service allowances, vouchers, or a combination of these
149.24 options to high function class A persons defined in section
149.25 144.0721, subdivision 3, clause (2). High function class A
149.26 persons may choose services from among the categories of
149.27 services listed under subdivision 5, except for case management
149.28 services.
149.29 (c) If the special allocation under this section to a
149.30 county is not sufficient to serve all persons who qualify
149.31 for alternative care services the service allowance, the county
149.32 is not required to provide any alternative care services to a
149.33 high function class A person but shall establish a waiting list
149.34 to provide services as special allocation funding becomes
149.35 available.
149.36 Sec. 39. Minnesota Statutes 1996, section 256B.0913, is
150.1 amended by adding a subdivision to read:
150.2 Subd. 16. [CONVERSION OF ENROLLMENT.] Upon approval of the
150.3 elderly waiver amendments described in section 42, persons
150.4 currently receiving services shall have their eligibility for
150.5 the elderly waiver program determined under section 256B.0915.
150.6 Persons currently receiving alternative care services whose
150.7 income is under the special income standard according to Code of
150.8 Federal Regulations, title 42, section 435.236, who are eligible
150.9 for the elderly waiver program shall be transferred to that
150.10 program and shall receive priority access to elderly waiver
150.11 slots for six months after implementation of this subdivision.
150.12 Persons currently enrolled in the alternative care program who
150.13 are not eligible for the elderly waiver program shall continue
150.14 to be eligible for the alternative care program as long as
150.15 continuous eligibility is maintained. Continued eligibility for
150.16 the alternative care program shall be reviewed every six
150.17 months. Persons who apply for the alternative care program
150.18 after approval of the elderly waiver amendments in section 42
150.19 are not eligible for alternative care if they would qualify for
150.20 the elderly waiver, with or without a spenddown.
150.21 Sec. 40. Minnesota Statutes 1996, section 256B.0915,
150.22 subdivision 1b, is amended to read:
150.23 Subd. 1b. [PROVIDER QUALIFICATIONS AND STANDARDS.] The
150.24 commissioner must enroll qualified providers of elderly case
150.25 management services under the home and community-based waiver
150.26 for the elderly under section 1915(c) of the Social Security
150.27 Act. The enrollment process shall ensure the provider's ability
150.28 to meet the qualification requirements and standards in this
150.29 subdivision and other federal and state requirements of this
150.30 service. An elderly case management provider is an enrolled
150.31 medical assistance provider who is determined by the
150.32 commissioner to have all of the following characteristics:
150.33 (1) the legal authority for alternative care program
150.34 administration under section 256B.0913;
150.35 (2) the demonstrated capacity and experience to provide the
150.36 components of case management to coordinate and link community
151.1 resources needed by the eligible population;
151.2 (3) (2) administrative capacity and experience in serving
151.3 the target population for whom it will provide services and in
151.4 ensuring quality of services under state and federal
151.5 requirements;
151.6 (4) the legal authority to provide preadmission screening
151.7 under section 256B.0911, subdivision 4;
151.8 (5) (3) a financial management system that provides
151.9 accurate documentation of services and costs under state and
151.10 federal requirements;
151.11 (6) (4) the capacity to document and maintain individual
151.12 case records under state and federal requirements; and
151.13 (7) (5) the county may allow a case manager employed by the
151.14 county to delegate certain aspects of the case management
151.15 activity to another individual employed by the county provided
151.16 there is oversight of the individual by the case manager. The
151.17 case manager may not delegate those aspects which require
151.18 professional judgment including assessments, reassessments, and
151.19 care plan development.
151.20 Sec. 41. Minnesota Statutes 1996, section 256B.0915, is
151.21 amended by adding a subdivision to read:
151.22 Subd. 1d. [POSTELIGIBILITY TREATMENT OF INCOME AND
151.23 RESOURCES FOR ELDERLY WAIVER.] (a) Notwithstanding the
151.24 provisions of section 256B.056, the commissioner shall make the
151.25 following amendment to the medical assistance elderly waiver
151.26 program effective July 1, 1997, or upon federal approval,
151.27 whichever is later.
151.28 A recipient's maintenance needs will be an amount equal to
151.29 the Minnesota supplemental aid equivalent rate as defined in
151.30 section 256I.03, subdivision 5, plus the medical assistance
151.31 personal needs allowance as defined in section 256B.35,
151.32 subdivision 1, paragraph (a), when applying posteligibility
151.33 treatment of income rules to the gross income of elderly waiver
151.34 recipients, except for individuals whose income is in excess of
151.35 the special income standard according to Code of Federal
151.36 Regulations, title 42, section 435.236.
152.1 (b) The commissioner of human services shall secure
152.2 approval of additional elderly waiver slots sufficient to serve
152.3 persons who will qualify under the revised income standard
152.4 described in paragraph (a) before implementing section
152.5 256B.0913, subdivision 16.
152.6 Sec. 42. Minnesota Statutes 1996, section 256B.0915,
152.7 subdivision 3, is amended to read:
152.8 Subd. 3. [LIMITS OF CASES, RATES, REIMBURSEMENT, AND
152.9 FORECASTING.] (a) The number of medical assistance waiver
152.10 recipients that a county may serve must be allocated according
152.11 to the number of medical assistance waiver cases open on July 1
152.12 of each fiscal year. Additional recipients may be served with
152.13 the approval of the commissioner.
152.14 (b) The monthly limit for the cost of waivered services to
152.15 an individual waiver client shall be the statewide average
152.16 payment rate of the case mix resident class to which the waiver
152.17 client would be assigned under the medical assistance case mix
152.18 reimbursement system. If medical supplies and equipment or
152.19 adaptations are or will be purchased for an elderly waiver
152.20 services recipient, the costs may be prorated on a monthly basis
152.21 throughout the year in which they are purchased. If the monthly
152.22 cost of a recipient's other waivered services exceeds the
152.23 monthly limit established in this paragraph, the annual cost of
152.24 the waivered services shall be determined. In this event, the
152.25 annual cost of waivered services shall not exceed 12 times the
152.26 monthly limit calculated in this paragraph. The statewide
152.27 average payment rate is calculated by determining the statewide
152.28 average monthly nursing home rate, effective July 1 of the
152.29 fiscal year in which the cost is incurred, less the statewide
152.30 average monthly income of nursing home residents who are age 65
152.31 or older, and who are medical assistance recipients in the month
152.32 of March of the previous state fiscal year. The annual cost
152.33 divided by 12 of elderly or disabled waivered services for a
152.34 person who is a nursing facility resident at the time of
152.35 requesting a determination of eligibility for elderly or
152.36 disabled waivered services shall not exceed be the greater of
153.1 the monthly payment for: (i) the resident class assigned under
153.2 Minnesota Rules, parts 9549.0050 to 9549.0059, for that resident
153.3 in the nursing facility where the resident currently resides; or
153.4 (ii) the statewide average payment of the case mix resident
153.5 class to which the resident would be assigned under the medical
153.6 assistance case mix reimbursement system, provided that the
153.7 limit under this clause only applies to persons discharged from
153.8 a nursing facility and found eligible for waivered services on
153.9 or after July 1, 1997. The following costs must be included in
153.10 determining the total monthly costs for the waiver client:
153.11 (1) cost of all waivered services, including extended
153.12 medical supplies and equipment; and
153.13 (2) cost of skilled nursing, home health aide, and personal
153.14 care services reimbursable by medical assistance.
153.15 (c) Medical assistance funding for skilled nursing
153.16 services, private duty nursing, home health aide, and personal
153.17 care services for waiver recipients must be approved by the case
153.18 manager and included in the individual care plan.
153.19 (d) For both the elderly waiver and the nursing facility
153.20 disabled waiver, a county may purchase extended supplies and
153.21 equipment without prior approval from the commissioner when
153.22 there is no other funding source and the supplies and equipment
153.23 are specified in the individual's care plan as medically
153.24 necessary to enable the individual to remain in the community
153.25 according to the criteria in Minnesota Rules, part 9505.0210,
153.26 items A and B. A county is not required to contract with a
153.27 provider of supplies and equipment if the monthly cost of the
153.28 supplies and equipment is less than $250.
153.29 (e) For the fiscal year beginning on July 1, 1993, and for
153.30 subsequent fiscal years, the commissioner of human services
153.31 shall not provide automatic annual inflation adjustments for
153.32 home and community-based waivered services. The commissioner of
153.33 finance shall include as a budget change request in each
153.34 biennial detailed expenditure budget submitted to the
153.35 legislature under section 16A.11, annual adjustments in
153.36 reimbursement rates for home and community-based waivered
154.1 services, based on the forecasted percentage change in the Home
154.2 Health Agency Market Basket of Operating Costs, for the fiscal
154.3 year beginning July 1, compared to the previous fiscal year,
154.4 unless otherwise adjusted by statute. The Home Health Agency
154.5 Market Basket of Operating Costs is published by Data Resources,
154.6 Inc. The forecast to be used is the one published for the
154.7 calendar quarter beginning January 1, six months prior to the
154.8 beginning of the fiscal year for which rates are set. The adult
154.9 foster care rate shall be considered a difficulty of care
154.10 payment and shall not include room and board.
154.11 (f) The adult foster care daily rate for the elderly and
154.12 disabled waivers shall be negotiated between the county agency
154.13 and the foster care provider. The rate established under this
154.14 section shall not exceed the state average monthly nursing home
154.15 payment for the case mix classification to which the individual
154.16 receiving foster care is assigned; the rate must allow for other
154.17 waiver and medical assistance home care services to be
154.18 authorized by the case manager.
154.19 (g) The assisted living and residential care service rates
154.20 for elderly and community alternatives for disabled individuals
154.21 (CADI) waivers shall be made to the vendor as a monthly rate
154.22 negotiated with the county agency. The rate shall not exceed
154.23 the nonfederal share of the greater of either the statewide or
154.24 any of the geographic groups' weighted average monthly medical
154.25 assistance nursing facility payment rate of the case mix
154.26 resident class to which the elderly or disabled client would be
154.27 assigned under Minnesota Rules, parts 9549.0050 to 9549.0059.
154.28 For alternative care assisted living projects established under
154.29 Laws 1988, chapter 689, article 2, section 256, monthly rates
154.30 may not exceed 65 percent of the greater of either the statewide
154.31 or any of the geographic groups' weighted average monthly
154.32 medical assistance nursing facility payment rate for the case
154.33 mix resident class to which the elderly or disabled client would
154.34 be assigned under Minnesota Rules, parts 9549.0050 to
154.35 9549.0059. The rate may not cover direct rent or food costs.
154.36 (h) The county shall negotiate individual rates with
155.1 vendors and may be reimbursed for actual costs up to the greater
155.2 of the county's current approved rate or 60 percent of the
155.3 maximum rate in fiscal year 1994 and 65 percent of the maximum
155.4 rate in fiscal year 1995 for each service within each program.
155.5 (i) On July 1, 1993, the commissioner shall increase the
155.6 maximum rate for home-delivered meals to $4.50 per meal.
155.7 (j) Reimbursement for the medical assistance recipients
155.8 under the approved waiver shall be made from the medical
155.9 assistance account through the invoice processing procedures of
155.10 the department's Medicaid Management Information System (MMIS),
155.11 only with the approval of the client's case manager. The budget
155.12 for the state share of the Medicaid expenditures shall be
155.13 forecasted with the medical assistance budget, and shall be
155.14 consistent with the approved waiver.
155.15 (k) Beginning July 1, 1991, the state shall reimburse
155.16 counties according to the payment schedule in section 256.025
155.17 for the county share of costs incurred under this subdivision on
155.18 or after January 1, 1991, for individuals who are receiving
155.19 medical assistance.
155.20 (l) For the community alternatives for disabled individuals
155.21 waiver, and nursing facility disabled waivers, county may use
155.22 waiver funds for the cost of minor adaptations to a client's
155.23 residence or vehicle without prior approval from the
155.24 commissioner if there is no other source of funding and the
155.25 adaptation:
155.26 (1) is necessary to avoid institutionalization;
155.27 (2) has no utility apart from the needs of the client; and
155.28 (3) meets the criteria in Minnesota Rules, part 9505.0210,
155.29 items A and B.
155.30 For purposes of this subdivision, "residence" means the client's
155.31 own home, the client's family residence, or a family foster
155.32 home. For purposes of this subdivision, "vehicle" means the
155.33 client's vehicle, the client's family vehicle, or the client's
155.34 family foster home vehicle.
155.35 (m) The commissioner shall establish a maximum rate unit
155.36 for baths provided by an adult day care provider that are not
156.1 included in the provider's contractual daily or hourly rate.
156.2 This maximum rate must equal the home health aide extended rate
156.3 and shall be paid for baths provided to clients served under the
156.4 elderly and disabled waivers.
156.5 Sec. 43. Minnesota Statutes 1996, section 256B.0915, is
156.6 amended by adding a subdivision to read:
156.7 Subd. 7. [PREPAID ELDERLY WAIVER SERVICES.] An individual
156.8 for whom a prepaid health plan is liable for nursing home
156.9 services or elderly waiver services according to section
156.10 256B.69, subdivision 6a, is not eligible to receive
156.11 county-administered elderly waiver services under this section.
156.12 Sec. 44. Minnesota Statutes 1996, section 256B.0917,
156.13 subdivision 7, is amended to read:
156.14 Subd. 7. [CONTRACT.] (a) The commissioner of human
156.15 services shall execute a contract with an organization
156.16 experienced in establishing and operating community-based
156.17 programs that have used the principles listed in subdivision 8,
156.18 paragraph (b), in order to meet the independent living and
156.19 health needs of senior citizens aged 65 and over and provide
156.20 community-based long-term care for senior citizens in their
156.21 homes Living at Home/Block Nurse Program, Inc. (LAH/BN, Inc.).
156.22 The organization contract shall require LAH/BN, Inc. to:
156.23 (1) assist the commissioner in developing develop criteria
156.24 for and in awarding award grants to establish community-based
156.25 organizations that will implement living-at-home/block nurse
156.26 programs throughout the state;
156.27 (2) assist the commissioner in awarding award grants to
156.28 enable current living-at-home/block nurse programs to continue
156.29 to implement the combined living-at-home/block nurse program
156.30 model;
156.31 (3) serve as a state technical assistance center to assist
156.32 and coordinate the living-at-home/block nurse programs
156.33 established; and
156.34 (4) develop the implementation plan required by subdivision
156.35 10 manage contracts with individual living-at-home/block nurse
156.36 programs.
157.1 (b) The contract shall be effective July 1, 1997, and
157.2 section 16B.17 shall not apply.
157.3 Sec. 45. Minnesota Statutes 1996, section 256B.0917,
157.4 subdivision 8, is amended to read:
157.5 Subd. 8. [LIVING-AT-HOME/BLOCK NURSE PROGRAM GRANT.] (a)
157.6 The commissioner, in cooperation with the organization awarded
157.7 the contract under subdivision 7, shall develop and administer a
157.8 grant program to establish or expand up to 15 27 community-based
157.9 organizations that will implement living-at-home/block nurse
157.10 programs that are designed to enable senior citizens to live as
157.11 independently as possible in their homes and in their
157.12 communities. At least seven one-half of the programs must be in
157.13 counties outside the seven-county metropolitan area. The
157.14 living-at-home/block nurse program funds shall be available to
157.15 the four to six SAIL projects established under this section.
157.16 Nonprofit organizations and units of local government are
157.17 eligible to apply for grants to establish the community
157.18 organizations that will implement living-at-home/block nurse
157.19 programs. In awarding grants, the commissioner organization
157.20 awarded the contract under subdivision 7 shall give preference
157.21 to nonprofit organizations and units of local government from
157.22 communities that:
157.23 (1) have high nursing home occupancy rates;
157.24 (2) have a shortage of health care professionals; and
157.25 (3) are located in counties adjacent to, or are located in,
157.26 counties with existing living-at-home/block nurse programs; and
157.27 (4) meet other criteria established by the commissioner
157.28 LAH/BN, Inc., in consultation with the organization under
157.29 contract commissioner.
157.30 (b) Grant applicants must also meet the following criteria:
157.31 (1) the local community demonstrates a readiness to
157.32 establish a community model of care, including the formation of
157.33 a board of directors, advisory committee, or similar group, of
157.34 which at least two-thirds is comprised of community citizens
157.35 interested in community-based care for older persons;
157.36 (2) the program has sponsorship by a credible,
158.1 representative organization within the community;
158.2 (3) the program has defined specific geographic boundaries
158.3 and defined its organization, staffing and coordination/delivery
158.4 of services;
158.5 (4) the program demonstrates a team approach to
158.6 coordination and care, ensuring that the older adult
158.7 participants, their families, the formal and informal providers
158.8 are all part of the effort to plan and provide services; and
158.9 (5) the program provides assurances that all community
158.10 resources and funding will be coordinated and that other funding
158.11 sources will be maximized, including a person's own resources.
158.12 (c) Grant applicants must provide a minimum of five percent
158.13 of total estimated development costs from local community
158.14 funding. Grants shall be awarded for two-year four-year
158.15 periods, and the base amount shall not exceed $40,000 $80,000
158.16 per applicant for the grant period. The commissioner, in
158.17 consultation with the organization under contract, may increase
158.18 the grant amount for applicants from communities that have
158.19 socioeconomic characteristics that indicate a higher level of
158.20 need for development assistance. Subject to the availability of
158.21 funding, grants and grant renewals awarded or entered into on or
158.22 after July 1, 1997, shall be renewed by LAH/BN, Inc. every four
158.23 years, unless LAH/BN, Inc. determines that the grant recipient
158.24 has not satisfactorily operated the living-at-home/block nurse
158.25 program in compliance with the requirements of paragraphs (b)
158.26 and (d). Grants provided to living-at-home/block nurse programs
158.27 under this paragraph may be used for both program development
158.28 and the delivery of services.
158.29 (d) Each living-at-home/block nurse program shall be
158.30 designed by representatives of the communities being served to
158.31 ensure that the program addresses the specific needs of the
158.32 community residents. The programs must be designed to:
158.33 (1) incorporate the basic community, organizational, and
158.34 service delivery principles of the living-at-home/block nurse
158.35 program model;
158.36 (2) provide senior citizens with registered nurse directed
159.1 assessment, provision and coordination of health and personal
159.2 care services on a sliding fee basis as an alternative to
159.3 expensive nursing home care;
159.4 (3) provide information, support services, homemaking
159.5 services, counseling, and training for the client and family
159.6 caregivers;
159.7 (4) encourage the development and use of respite care,
159.8 caregiver support, and in-home support programs, such as adult
159.9 foster care and in-home adult day care;
159.10 (5) encourage neighborhood residents and local
159.11 organizations to collaborate in meeting the needs of senior
159.12 citizens in their communities;
159.13 (6) recruit, train, and direct the use of volunteers to
159.14 provide informal services and other appropriate support to
159.15 senior citizens and their caregivers; and
159.16 (7) provide coordination and management of formal and
159.17 informal services to senior citizens and their families using
159.18 less expensive alternatives.
159.19 Sec. 46. Minnesota Statutes 1996, section 256B.431,
159.20 subdivision 3f, is amended to read:
159.21 Subd. 3f. [PROPERTY COSTS AFTER JULY 1, 1988.] (a)
159.22 [INVESTMENT PER BED LIMIT.] For the rate year beginning July 1,
159.23 1988, the replacement-cost-new per bed limit must be $32,571 per
159.24 licensed bed in multiple bedrooms and $48,857 per licensed bed
159.25 in a single bedroom. For the rate year beginning July 1, 1989,
159.26 the replacement-cost-new per bed limit for a single bedroom must
159.27 be $49,907 adjusted according to Minnesota Rules, part
159.28 9549.0060, subpart 4, item A, subitem (1). Beginning January 1,
159.29 1990, the replacement-cost-new per bed limits must be adjusted
159.30 annually as specified in Minnesota Rules, part 9549.0060,
159.31 subpart 4, item A, subitem (1). Beginning January 1, 1991, the
159.32 replacement-cost-new per bed limits will be adjusted annually as
159.33 specified in Minnesota Rules, part 9549.0060, subpart 4, item A,
159.34 subitem (1), except that the index utilized will be the Bureau
159.35 of the Census: Composite fixed-weighted price index as
159.36 published in the Survey of Current Business C30 Report, Value of
160.1 New Construction Put in Place.
160.2 (b) [RENTAL FACTOR.] For the rate year beginning July 1,
160.3 1988, the commissioner shall increase the rental factor as
160.4 established in Minnesota Rules, part 9549.0060, subpart 8, item
160.5 A, by 6.2 percent rounded to the nearest 100th percent for the
160.6 purpose of reimbursing nursing facilities for soft costs and
160.7 entrepreneurial profits not included in the cost valuation
160.8 services used by the state's contracted appraisers. For rate
160.9 years beginning on or after July 1, 1989, the rental factor is
160.10 the amount determined under this paragraph for the rate year
160.11 beginning July 1, 1988.
160.12 (c) [OCCUPANCY FACTOR.] For rate years beginning on or
160.13 after July 1, 1988, in order to determine property-related
160.14 payment rates under Minnesota Rules, part 9549.0060, for all
160.15 nursing facilities except those whose average length of stay in
160.16 a skilled level of care within a nursing facility is 180 days or
160.17 less, the commissioner shall use 95 percent of capacity days.
160.18 For a nursing facility whose average length of stay in a skilled
160.19 level of care within a nursing facility is 180 days or less, the
160.20 commissioner shall use the greater of resident days or 80
160.21 percent of capacity days but in no event shall the divisor
160.22 exceed 95 percent of capacity days.
160.23 (d) [EQUIPMENT ALLOWANCE.] For rate years beginning on
160.24 July 1, 1988, and July 1, 1989, the commissioner shall add ten
160.25 cents per resident per day to each nursing facility's
160.26 property-related payment rate. The ten-cent property-related
160.27 payment rate increase is not cumulative from rate year to rate
160.28 year. For the rate year beginning July 1, 1990, the
160.29 commissioner shall increase each nursing facility's equipment
160.30 allowance as established in Minnesota Rules, part 9549.0060,
160.31 subpart 10, by ten cents per resident per day. For rate years
160.32 beginning on or after July 1, 1991, the adjusted equipment
160.33 allowance must be adjusted annually for inflation as in
160.34 Minnesota Rules, part 9549.0060, subpart 10, item E. For the
160.35 rate period beginning October 1, 1992, the equipment allowance
160.36 for each nursing facility shall be increased by 28 percent. For
161.1 rate years beginning after June 30, 1993, the allowance must be
161.2 adjusted annually for inflation.
161.3 (e) [POST CHAPTER 199 RELATED-ORGANIZATION DEBTS AND
161.4 INTEREST EXPENSE.] For rate years beginning on or after July 1,
161.5 1990, Minnesota Rules, part 9549.0060, subpart 5, item E, shall
161.6 not apply to outstanding related organization debt incurred
161.7 prior to May 23, 1983, provided that the debt was an allowable
161.8 debt under Minnesota Rules, parts 9510.0010 to 9510.0480, the
161.9 debt is subject to repayment through annual principal payments,
161.10 and the nursing facility demonstrates to the commissioner's
161.11 satisfaction that the interest rate on the debt was less than
161.12 market interest rates for similar arms-length transactions at
161.13 the time the debt was incurred. If the debt was incurred due to
161.14 a sale between family members, the nursing facility must also
161.15 demonstrate that the seller no longer participates in the
161.16 management or operation of the nursing facility. Debts meeting
161.17 the conditions of this paragraph are subject to all other
161.18 provisions of Minnesota Rules, parts 9549.0010 to 9549.0080.
161.19 (f) [BUILDING CAPITAL ALLOWANCE FOR NURSING FACILITIES
161.20 WITH OPERATING LEASES.] For rate years beginning on or after
161.21 July 1, 1990, a nursing facility with operating lease costs
161.22 incurred for the nursing facility's buildings shall receive its
161.23 building capital allowance computed in accordance with Minnesota
161.24 Rules, part 9549.0060, subpart 8.
161.25 Sec. 47. Minnesota Statutes 1996, section 256B.49, is
161.26 amended by adding a subdivision to read:
161.27 Subd. 9. [PREVOCATIONAL AND SUPPORTED EMPLOYMENT
161.28 SERVICES.] The commissioner shall seek to amend the community
161.29 alternatives for disabled individuals waivers and the traumatic
161.30 brain injury waivers to include prevocational and supported
161.31 employment services.
161.32 Sec. 48. Minnesota Statutes 1996, section 256B.69,
161.33 subdivision 2, is amended to read:
161.34 Subd. 2. [DEFINITIONS.] For the purposes of this section,
161.35 the following terms have the meanings given.
161.36 (a) "Commissioner" means the commissioner of human services.
162.1 For the remainder of this section, the commissioner's
162.2 responsibilities for methods and policies for implementing the
162.3 project will be proposed by the project advisory committees and
162.4 approved by the commissioner.
162.5 (b) "Demonstration provider" means an individual, agency,
162.6 organization, or group of these entities a health maintenance
162.7 organization or community integrated service network authorized
162.8 and operating under chapter 62D or 62N that participates in the
162.9 demonstration project according to criteria, standards, methods,
162.10 and other requirements established for the project and approved
162.11 by the commissioner. Notwithstanding the above, Itasca county
162.12 may continue to participate as a demonstration provider until
162.13 July 1, 2000.
162.14 (c) "Eligible individuals" means those persons eligible for
162.15 medical assistance benefits as defined in sections 256B.055,
162.16 256B.056, and 256B.06.
162.17 (d) "Limitation of choice" means suspending freedom of
162.18 choice while allowing eligible individuals to choose among the
162.19 demonstration providers.
162.20 (e) This paragraph supersedes paragraph (c) as long as the
162.21 Minnesota health care reform waiver remains in effect. When the
162.22 waiver expires, this paragraph expires and the commissioner of
162.23 human services shall publish a notice in the State Register and
162.24 notify the revisor of statutes. "Eligible individuals" means
162.25 those persons eligible for medical assistance benefits as
162.26 defined in sections 256B.055, 256B.056, and 256B.06.
162.27 Notwithstanding sections 256B.055, 256B.056, and 256B.06, an
162.28 individual who becomes ineligible for the program because of
162.29 failure to submit income reports or recertification forms in a
162.30 timely manner, shall remain enrolled in the prepaid health plan
162.31 and shall remain eligible to receive medical assistance coverage
162.32 through the last day of the month following the month in which
162.33 the enrollee became ineligible for the medical assistance
162.34 program.
162.35 Sec. 49. Minnesota Statutes 1996, section 256B.69,
162.36 subdivision 3a, is amended to read:
163.1 Subd. 3a. [COUNTY AUTHORITY.] (a) The commissioner, when
163.2 implementing the general assistance medical care, or medical
163.3 assistance prepayment program within a county, must include the
163.4 county board in the process of development, approval, and
163.5 issuance of the request for proposals to provide services to
163.6 eligible individuals within the proposed county. County boards
163.7 must be given reasonable opportunity to make recommendations
163.8 regarding the development, issuance, review of responses, and
163.9 changes needed in the request for proposals. The commissioner
163.10 must provide county boards the opportunity to review each
163.11 proposal based on the identification of community needs under
163.12 chapters 145A and 256E and county advocacy activities. If a
163.13 county board finds that a proposal does not address certain
163.14 community needs, the county board and commissioner shall
163.15 continue efforts for improving the proposal and network prior to
163.16 the approval of the contract. The county board shall make
163.17 recommendations regarding the approval of local networks and
163.18 their operations to ensure adequate availability and access to
163.19 covered services. The provider or health plan must respond
163.20 directly to county advocates and the state prepaid medical
163.21 assistance ombudsperson regarding service delivery and must be
163.22 accountable to the state regarding contracts with medical
163.23 assistance and general assistance medical care funds. The
163.24 county board may recommend a maximum number of participating
163.25 health plans after considering the size of the enrolling
163.26 population; ensuring adequate access and capacity; considering
163.27 the client and county administrative complexity; and considering
163.28 the need to promote the viability of locally developed health
163.29 plans. The county board or a single entity representing a group
163.30 of county boards and the commissioner shall mutually select
163.31 health plans for participation at the time of initial
163.32 implementation of the prepaid medical assistance program in that
163.33 county or group of counties and at the time of contract renewal.
163.34 The commissioner shall also seek input for contract requirements
163.35 from the county or single entity representing a group of county
163.36 boards at each contract renewal and incorporate those
164.1 recommendations into the contract negotiation process. The
164.2 commissioner, in conjunction with the county board, shall
164.3 actively seek to develop a mutually agreeable timetable prior to
164.4 the development of the request for proposal, but counties must
164.5 agree to initial enrollment beginning on or before January 1,
164.6 1999, in either the prepaid medical assistance and general
164.7 assistance medical care programs or county-based purchasing
164.8 under section 256B.692. At least 90 days before enrollment in
164.9 the medical assistance and general assistance medical care
164.10 prepaid programs begins in a county in which the prepaid
164.11 programs have not been established, the commissioner shall
164.12 provide a report to the chairs of senate and house committees
164.13 having jurisdiction over state health care programs which
164.14 verifies that the commissioner complied with the requirements
164.15 for county involvement that are specified in this subdivision.
164.16 (b) The commissioner shall seek a federal waiver to allow a
164.17 fee-for-service plan option to MinnesotaCare enrollees. The
164.18 commissioner shall develop an increase of the premium fees
164.19 required under section 256.9356 up to 20 percent of the premium
164.20 fees for the enrollees who elect the fee-for-service option.
164.21 Prior to implementation, the commissioner shall submit this fee
164.22 schedule to the chair and ranking minority member of the senate
164.23 health care committee, the senate health care and family
164.24 services funding division, the house of representatives health
164.25 and human services committee, and the house of representatives
164.26 health and human services finance division.
164.27 (c) At the option of the county board, the board may
164.28 develop contract requirements related to the achievement of
164.29 local public health goals to meet the health needs of medical
164.30 assistance and general assistance medical care enrollees. These
164.31 requirements must be reasonably related to the performance of
164.32 health plan functions and within the scope of the medical
164.33 assistance and general assistance medical care benefit sets. If
164.34 the county board and the commissioner mutually agree to such
164.35 requirements, the department shall include such requirements in
164.36 all health plan contracts governing the prepaid medical
165.1 assistance and general assistance medical care programs in that
165.2 county at initial implementation of the program in that county
165.3 and at the time of contract renewal. The county board may
165.4 participate in the enforcement of the contract provisions
165.5 related to local public health goals.
165.6 (d) For counties in which prepaid medical assistance and
165.7 general assistance medical care programs have not been
165.8 established, the commissioner shall not implement those programs
165.9 if a county board submits acceptable and timely preliminary and
165.10 final proposals under section 256B.692, until county-based
165.11 purchasing is no longer operational in that county. For
165.12 counties in which prepaid medical assistance and general
165.13 assistance medical care programs are in existence on or after
165.14 September 1, 1997, the commissioner must terminate contracts
165.15 with health plans according to section 256B.692, subdivision 5,
165.16 if the county board submits and the commissioner accepts
165.17 preliminary and final proposals according to that subdivision.
165.18 The commissioner is not required to terminate contracts that
165.19 begin on or after September 1, 1997, according to section
165.20 256B.692 until two years have elapsed from the date of initial
165.21 enrollment.
165.22 (e) In the event that a county board or a single entity
165.23 representing a group of county boards and the commissioner
165.24 cannot reach agreement regarding: (i) the selection of
165.25 participating health plans in that county; (ii) contract
165.26 requirements; or (iii) implementation and enforcement of county
165.27 requirements including provisions regarding local public health
165.28 goals, the commissioner shall resolve all disputes after taking
165.29 into account the recommendations of a three-person mediation
165.30 panel. The panel shall be composed of one designee of the
165.31 president of the association of Minnesota counties, one designee
165.32 of the commissioner of human services, and one designee of the
165.33 commissioner of health.
165.34 (f) If a county which elects to implement county-based
165.35 purchasing ceases to implement county-based purchasing, it is
165.36 prohibited from assuming the responsibility of county-based
166.1 purchasing for a period of five years from the date it
166.2 discontinues purchasing.
166.3 Sec. 50. Minnesota Statutes 1996, section 256B.69,
166.4 subdivision 5, is amended to read:
166.5 Subd. 5. [PROSPECTIVE PER CAPITA PAYMENT.] The
166.6 commissioner shall establish the method and amount of payments
166.7 for services. The commissioner shall annually contract with
166.8 demonstration providers to provide services consistent with
166.9 these established methods and amounts for payment.
166.10 Notwithstanding section 62D.02, subdivision 1, payments for
166.11 services rendered as part of the project may be made to
166.12 providers that are not licensed health maintenance organizations
166.13 on a risk-based, prepaid capitation basis.
166.14 If allowed by the commissioner, a demonstration provider
166.15 may contract with an insurer, health care provider, nonprofit
166.16 health service plan corporation, or the commissioner, to provide
166.17 insurance or similar protection against the cost of care
166.18 provided by the demonstration provider or to provide coverage
166.19 against the risks incurred by demonstration providers under this
166.20 section. The recipients enrolled with a demonstration provider
166.21 are a permissible group under group insurance laws and chapter
166.22 62C, the Nonprofit Health Service Plan Corporations Act. Under
166.23 this type of contract, the insurer or corporation may make
166.24 benefit payments to a demonstration provider for services
166.25 rendered or to be rendered to a recipient. Any insurer or
166.26 nonprofit health service plan corporation licensed to do
166.27 business in this state is authorized to provide this insurance
166.28 or similar protection.
166.29 Payments to providers participating in the project are
166.30 exempt from the requirements of sections 256.966 and 256B.03,
166.31 subdivision 2. The commissioner shall complete development of
166.32 capitation rates for payments before delivery of services under
166.33 this section is begun. For payments made during calendar year
166.34 1990 and later years, the commissioner shall contract with an
166.35 independent actuary to establish prepayment rates.
166.36 By January 15, 1996, the commissioner shall report to the
167.1 legislature on the methodology used to allocate to participating
167.2 counties available administrative reimbursement for advocacy and
167.3 enrollment costs. The report shall reflect the commissioner's
167.4 judgment as to the adequacy of the funds made available and of
167.5 the methodology for equitable distribution of the funds. The
167.6 commissioner must involve participating counties in the
167.7 development of the report.
167.8 Sec. 51. Minnesota Statutes 1996, section 256B.69,
167.9 subdivision 5b, is amended to read:
167.10 Subd. 5b. [PROSPECTIVE REIMBURSEMENT RATES.] For prepaid
167.11 medical assistance and general assistance medical care program
167.12 contract rates set by the commissioner under subdivision 5 and
167.13 effective on or after January 1, 1997, through December 31,
167.14 1998, capitation rates for nonmetropolitan counties shall on a
167.15 weighted average be no less than 85 88 percent of the capitation
167.16 rates for metropolitan counties, excluding Hennepin county. The
167.17 commissioner shall make a pro rata adjustment in capitation
167.18 rates paid to counties other than nonmetropolitan counties in
167.19 order to make this provision budget neutral.
167.20 Sec. 52. Minnesota Statutes 1996, section 256B.69, is
167.21 amended by adding a subdivision to read:
167.22 Subd. 5c. [MODIFICATION OF PAYMENT DATES EFFECTIVE JANUARY
167.23 1, 2001.] Effective for services rendered on or after January 1,
167.24 2001, capitation payments under this section and under section
167.25 256D.03 shall be made no earlier than the first day after the
167.26 month of service.
167.27 Sec. 53. Minnesota Statutes 1996, section 256B.69, is
167.28 amended by adding a subdivision to read:
167.29 Subd. 6a. [NURSING HOME SERVICES.] (a) Notwithstanding
167.30 Minnesota Rules, part 9500.1457, subpart 1, item B, nursing
167.31 facility services as defined in section 256B.0625, subdivision
167.32 2, which are provided in a nursing facility certified by the
167.33 Minnesota department of health for services provided and
167.34 eligible for payment under Medicaid, shall be covered under the
167.35 prepaid medical assistance program for individuals who are not
167.36 residing in a nursing facility at the time of enrollment in the
168.1 prepaid medical assistance program. Liability for coverage of
168.2 nursing facility services by a participating health plan is
168.3 limited to 365 days for any person enrolled under the prepaid
168.4 medical assistance program.
168.5 (b) For individuals enrolled in the Minnesota senior health
168.6 options project authorized under subdivision 23, nursing
168.7 facility services shall be covered according to the terms and
168.8 conditions of the federal waiver governing that demonstration
168.9 project.
168.10 Sec. 54. Minnesota Statutes 1996, section 256B.69, is
168.11 amended by adding a subdivision to read:
168.12 Subd. 6b. [ELDERLY WAIVER SERVICES.] Notwithstanding
168.13 Minnesota Rules, part 9500.1457, subpart 1, item C, elderly
168.14 waiver services shall be covered under the prepaid medical
168.15 assistance program for all individuals who are eligible
168.16 according to section 256B.0915. For individuals enrolled in the
168.17 Minnesota senior health options project authorized under
168.18 subdivision 23, elderly waiver services shall be covered
168.19 according to the terms and conditions of the federal waiver
168.20 governing that demonstration project.
168.21 Sec. 55. Minnesota Statutes 1996, section 256B.69, is
168.22 amended by adding a subdivision to read:
168.23 Subd. 24. [ENROLLMENT EXEMPTION.] Persons eligible for
168.24 services under section 256B.0915 who have income in excess of
168.25 the level permitted under section 256B.056 without a spenddown
168.26 but below the MSA equivalent rate as defined in section 256I.03,
168.27 subdivision 5, plus the medical assistance personal needs
168.28 allowance as defined in section 256B.35, subdivision 1,
168.29 paragraph (a), shall be exempt from mandatory enrollment in the
168.30 prepaid medical assistance program under this section unless
168.31 otherwise directed by the legislature, except for those persons
168.32 who were initially enrolled in the prepaid medical assistance
168.33 program while residing in a nursing home or whose income changed
168.34 after initial enrollment in the prepaid medical assistance
168.35 program. Nothing in this subdivision shall require persons who
168.36 are required to enroll in the prepaid medical assistance program
169.1 to disenroll from that program or from the Minnesota senior
169.2 health options project after initial enrollment.
169.3 Sec. 56. [256B.692] [COUNTY-BASED PURCHASING.]
169.4 Subdivision 1. [IN GENERAL.] County boards or groups of
169.5 county boards may elect to purchase or provide health care
169.6 services on behalf of persons eligible for medical assistance
169.7 and general assistance medical care who would otherwise be
169.8 required to or may elect to participate in the prepaid medical
169.9 assistance or prepaid general assistance medical care programs
169.10 according to sections 256B.69 and 256D.03. Counties that elect
169.11 to purchase or provide health care under this section must
169.12 provide all services included in prepaid managed care programs
169.13 according to sections 256B.69, subdivisions 1 to 22, and
169.14 256D.03. County-based purchasing under this section is governed
169.15 by section 256B.69, unless otherwise provided for under this
169.16 section.
169.17 Subd. 2. [DUTIES OF THE COMMISSIONER OF HEALTH.]
169.18 Notwithstanding chapters 62D and 62N, a county that elects to
169.19 purchase medical assistance and general assistance medical care
169.20 in return for a fixed sum without regard to the frequency or
169.21 extent of services furnished to any particular enrollee is not
169.22 required to obtain a certificate of authority under chapter 62D
169.23 or 62N. A county that elects to purchase medical assistance and
169.24 general assistance medical care services under this section must
169.25 satisfy the commissioner of health that the requirements of
169.26 chapter 62D, applicable to health maintenance organizations, or
169.27 chapter 62N, applicable to community integrated service
169.28 networks, will be met. A county must also assure the
169.29 commissioner of health that the requirements of section 72A.201
169.30 will be met. All enforcement and rulemaking powers available
169.31 under chapters 62D and 62N are hereby granted to the
169.32 commissioner of health with respect to counties that purchase
169.33 medical assistance and general assistance medical care services
169.34 under this section.
169.35 Subd. 3. [REQUIREMENTS OF THE COUNTY BOARD.] A county
169.36 board that intends to purchase or provide health care under this
170.1 section, which may include purchasing all or part of these
170.2 services from health plans or individual providers on a
170.3 fee-for-service basis, or providing these services directly,
170.4 must demonstrate the ability to follow and agree to the
170.5 following requirements:
170.6 (1) purchase all covered services for a fixed payment from
170.7 the state that does not exceed the estimated state and federal
170.8 cost that would have occurred under the prepaid medical
170.9 assistance and general assistance medical care programs;
170.10 (2) ensure that covered services are accessible to all
170.11 enrollees and that enrollees have a reasonable choice of
170.12 providers, health plans, or networks when possible. If the
170.13 county is also a provider of service, the county board shall
170.14 develop a process to ensure that providers employed by the
170.15 county are not the sole referral source and are not the sole
170.16 provider of health care services if other providers, which meet
170.17 the same quality and cost requirements are available;
170.18 (3) issue payments to participating vendors or networks in
170.19 a timely manner;
170.20 (4) establish a process to ensure and improve the quality
170.21 of care provided;
170.22 (5) provide appropriate quality and other required data in
170.23 a format required by the state;
170.24 (6) provide a system for advocacy, enrollee protection, and
170.25 complaints and appeals that is independent of care providers or
170.26 other risk bearers and complies with section 256B.69;
170.27 (7) for counties within the seven-county metropolitan area,
170.28 ensure that the implementation and operation of the Minnesota
170.29 senior health options demonstration project, authorized under
170.30 section 256B.69, subdivision 23, will not be impeded;
170.31 (8) ensure that all recipients that are enrolled in the
170.32 prepaid medical assistance or general assistance medical care
170.33 program will be transferred to county-based purchasing without
170.34 utilizing the department's fee-for-service claims payment
170.35 system;
170.36 (9) ensure that all recipients who are required to
171.1 participate in county-based purchasing are given sufficient
171.2 information prior to enrollment in order to make informed
171.3 decisions; and
171.4 (10) ensure that the state and the medical assistance and
171.5 general assistance medical care recipients will be held harmless
171.6 for the payment of obligations incurred by the county if the
171.7 county, or a health plan providing services on behalf of the
171.8 county, or a provider participating in county-based purchasing
171.9 becomes insolvent, and the state has made the payments due to
171.10 the county under this section.
171.11 Subd. 4. [PAYMENTS TO COUNTIES.] The commissioner shall
171.12 pay counties that are purchasing or providing health care under
171.13 this section a per capita payment for all enrolled recipients.
171.14 Payments shall not exceed payments that otherwise would have
171.15 been paid to health plans under medical assistance and general
171.16 assistance medical care for that county or region. This payment
171.17 is in addition to any administrative allocation to counties for
171.18 education, enrollment, and advocacy. The state of Minnesota and
171.19 the United States Department of Health and Human Services are
171.20 not liable for any costs incurred by a county that exceed the
171.21 payments to the county made under this subdivision. A county
171.22 whose costs exceed the payments made by the state, or any
171.23 affected enrollees or creditors of that county, shall have no
171.24 rights under chapter 61B or section 62D.181. A county may
171.25 assign risk for the cost of care to a third party.
171.26 Subd. 5. [COUNTY PROPOSALS.] (a) On or before September 1,
171.27 1997, a county board that wishes to purchase or provide health
171.28 care under this section must submit a preliminary proposal that
171.29 substantially demonstrates the county's ability to meet all the
171.30 requirements of this section in response to criteria for
171.31 proposals issued by the department on or before July 1, 1997.
171.32 Counties submitting preliminary proposals must establish a local
171.33 planning process that involves input from medical assistance and
171.34 general assistance medical care recipients, recipient advocates,
171.35 providers and representatives of local school districts, labor,
171.36 and tribal government to advise on the development of a final
172.1 proposal and its implementation.
172.2 (b) The county board must submit a final proposal on or
172.3 before July 1, 1998, that demonstrates the ability to meet all
172.4 the requirements of this section, including beginning enrollment
172.5 on January 1, 1999.
172.6 (c) After January 1, 1999, for a county in which the
172.7 prepaid medical assistance program is in existence, the county
172.8 board must submit a preliminary proposal at least 15 months
172.9 prior to termination of health plan contracts in that county and
172.10 a final proposal six months prior to the health plan contract
172.11 termination date in order to begin enrollment after the
172.12 termination. Nothing in this section shall impede or delay
172.13 implementation or continuation of the prepaid medical assistance
172.14 and general assistance medical care programs in counties for
172.15 which the board does not submit a proposal, or submits a
172.16 proposal that is not in compliance with this section.
172.17 (d) The commissioner is not required to terminate contracts
172.18 for the prepaid medical assistance and prepaid general
172.19 assistance medical care programs that begin on or after
172.20 September 1, 1997, in a county for which a county board has
172.21 submitted a proposal under this paragraph, until two years have
172.22 elapsed from the date of initial enrollment in the prepaid
172.23 medical assistance and prepaid general assistance medical care
172.24 programs.
172.25 Subd. 6. [COMMISSIONER'S AUTHORITY.] The commissioner may:
172.26 (1) reject any preliminary or final proposal that
172.27 substantially fails to meet the requirements of this section, or
172.28 that the commissioner determines would substantially impair the
172.29 state's ability to purchase health care services in other areas
172.30 of the state, or would substantially impair an enrollee's choice
172.31 of care systems when reasonable choice is possible, or would
172.32 substantially impair the implementation and operation of the
172.33 Minnesota senior health options demonstration project authorized
172.34 under section 256B.69, subdivision 23; and
172.35 (2) assume operation of a county's purchasing of health
172.36 care for enrollees in medical assistance and general assistance
173.1 medical care in the event that the contract with the county is
173.2 terminated.
173.3 Subd. 7. [DISPUTE RESOLUTION.] In the event the
173.4 commissioner rejects a proposal under subdivision 6, the county
173.5 board may request the recommendation of a three-person mediation
173.6 panel. The commissioner shall resolve all disputes after taking
173.7 into account the recommendations of the mediation panel. The
173.8 panel shall be composed of one designee of the president of the
173.9 association of Minnesota counties, one designee of the
173.10 commissioner of human services, and one designee of the
173.11 commissioner of health.
173.12 Subd. 8. [APPEALS.] A county that conducts county-based
173.13 purchasing shall be considered to be a prepaid health plan for
173.14 purposes of section 256.045.
173.15 Subd. 9. [FEDERAL APPROVAL.] The commissioner shall
173.16 request any federal waivers and federal approval required to
173.17 implement this section. County-based purchasing shall not be
173.18 implemented without obtaining all federal approval required to
173.19 maintain federal matching funds in the medical assistance
173.20 program.
173.21 Subd. 10. [REPORT TO THE LEGISLATURE.] The commissioner
173.22 shall submit a report to the legislature by February 1, 1998, on
173.23 the preliminary proposals submitted on or before September 1,
173.24 1997.
173.25 Sec. 57. Minnesota Statutes 1996, section 256D.03,
173.26 subdivision 3, is amended to read:
173.27 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
173.28 (a) General assistance medical care may be paid for any person
173.29 who is not eligible for medical assistance under chapter 256B,
173.30 including eligibility for medical assistance based on a
173.31 spenddown of excess income according to section 256B.056,
173.32 subdivision 5, and:
173.33 (1) who is receiving assistance under section 256D.05, or
173.34 who is having a payment made on the person's behalf under
173.35 sections 256I.01 to 256I.06; or
173.36 (2)(i) who is a resident of Minnesota; and whose equity in
174.1 assets is not in excess of $1,000 per assistance unit. No asset
174.2 test shall be applied to children and their parents living in
174.3 the same household. Exempt assets, the reduction of excess
174.4 assets, and the waiver of excess assets must conform to the
174.5 medical assistance program in chapter 256B, with the following
174.6 exception: the maximum amount of undistributed funds in a trust
174.7 that could be distributed to or on behalf of the beneficiary by
174.8 the trustee, assuming the full exercise of the trustee's
174.9 discretion under the terms of the trust, must be applied toward
174.10 the asset maximum; and
174.11 (ii) who has countable income not in excess of the
174.12 assistance standards established in section 256B.056,
174.13 subdivision 4, or whose excess income is spent down pursuant to
174.14 section 256B.056, subdivision 5, using a six-month budget
174.15 period, except that a one-month budget period must be used for
174.16 recipients residing in a long-term care facility. The method
174.17 for calculating earned income disregards and deductions for a
174.18 person who resides with a dependent child under age 21 shall be
174.19 as specified in section 256.74, subdivision 1 follow section
174.20 256B.056, subdivision 1a. However, if a disregard of $30 and
174.21 one-third of the remainder described in section 256.74,
174.22 subdivision 1, clause (4), has been applied to the wage earner's
174.23 income, the disregard shall not be applied again until the wage
174.24 earner's income has not been considered in an eligibility
174.25 determination for general assistance, general assistance medical
174.26 care, medical assistance, or aid to families with dependent
174.27 children, or MFIP-S for 12 consecutive months. The earned
174.28 income and work expense deductions for a person who does not
174.29 reside with a dependent child under age 21 shall be the same as
174.30 the method used to determine eligibility for a person under
174.31 section 256D.06, subdivision 1, except the disregard of the
174.32 first $50 of earned income is not allowed; or
174.33 (3) who would be eligible for medical assistance except
174.34 that the person resides in a facility that is determined by the
174.35 commissioner or the federal health care financing administration
174.36 to be an institution for mental diseases.
175.1 (b) Eligibility is available for the month of application,
175.2 and for three months prior to application if the person was
175.3 eligible in those prior months. A redetermination of
175.4 eligibility must occur every 12 months.
175.5 (c) General assistance medical care is not available for a
175.6 person in a correctional facility unless the person is detained
175.7 by law for less than one year in a county correctional or
175.8 detention facility as a person accused or convicted of a crime,
175.9 or admitted as an inpatient to a hospital on a criminal hold
175.10 order, and the person is a recipient of general assistance
175.11 medical care at the time the person is detained by law or
175.12 admitted on a criminal hold order and as long as the person
175.13 continues to meet other eligibility requirements of this
175.14 subdivision.
175.15 (d) General assistance medical care is not available for
175.16 applicants or recipients who do not cooperate with the county
175.17 agency to meet the requirements of medical assistance.
175.18 (e) In determining the amount of assets of an individual,
175.19 there shall be included any asset or interest in an asset,
175.20 including an asset excluded under paragraph (a), that was given
175.21 away, sold, or disposed of for less than fair market value
175.22 within the 60 months preceding application for general
175.23 assistance medical care or during the period of eligibility.
175.24 Any transfer described in this paragraph shall be presumed to
175.25 have been for the purpose of establishing eligibility for
175.26 general assistance medical care, unless the individual furnishes
175.27 convincing evidence to establish that the transaction was
175.28 exclusively for another purpose. For purposes of this
175.29 paragraph, the value of the asset or interest shall be the fair
175.30 market value at the time it was given away, sold, or disposed
175.31 of, less the amount of compensation received. For any
175.32 uncompensated transfer, the number of months of ineligibility,
175.33 including partial months, shall be calculated by dividing the
175.34 uncompensated transfer amount by the average monthly per person
175.35 payment made by the medical assistance program to skilled
175.36 nursing facilities for the previous calendar year. The
176.1 individual shall remain ineligible until this fixed period has
176.2 expired. The period of ineligibility may exceed 30 months, and
176.3 a reapplication for benefits after 30 months from the date of
176.4 the transfer shall not result in eligibility unless and until
176.5 the period of ineligibility has expired. The period of
176.6 ineligibility begins in the month the transfer was reported to
176.7 the county agency, or if the transfer was not reported, the
176.8 month in which the county agency discovered the transfer,
176.9 whichever comes first. For applicants, the period of
176.10 ineligibility begins on the date of the first approved
176.11 application.
176.12 (f)(1) Beginning October 1, 1993, an undocumented alien or
176.13 a nonimmigrant is ineligible for general assistance medical care
176.14 other than emergency services. For purposes of this
176.15 subdivision, a nonimmigrant is an individual in one or more of
176.16 the classes listed in United States Code, title 8, section
176.17 1101(a)(15), and an undocumented alien is an individual who
176.18 resides in the United States without the approval or
176.19 acquiescence of the Immigration and Naturalization Service.
176.20 (2) This subdivision does not apply to a child under age
176.21 18, to a Cuban or Haitian entrant as defined in Public Law
176.22 Number 96-422, section 501(e)(1) or (2)(a), or to an alien who
176.23 is aged, blind, or disabled as defined in United States Code,
176.24 title 42, section 1382c(a)(1).
176.25 (3) For purposes of paragraph (f), "emergency services" has
176.26 the meaning given in Code of Federal Regulations, title 42,
176.27 section 440.255(b)(1), except that it also means services
176.28 rendered because of suspected or actual pesticide poisoning.
176.29 Sec. 58. Minnesota Statutes 1996, section 256G.02,
176.30 subdivision 6, is amended to read:
176.31 Subd. 6. [EXCLUDED TIME.] "Excluded time" means:
176.32 (a) any period an applicant spends in a hospital,
176.33 sanitarium, nursing home, shelter other than an emergency
176.34 shelter, halfway house, foster home, semi-independent living
176.35 domicile or services program, residential facility offering
176.36 care, board and lodging facility or other institution for the
177.1 hospitalization or care of human beings, as defined in section
177.2 144.50, 144A.01, or 245A.02, subdivision 14; maternity home,
177.3 battered women's shelter, or correctional facility; or any
177.4 facility based on an emergency hold under sections 253B.05,
177.5 subdivisions 1 and 2, and 253B.07, subdivision 6;
177.6 (b) any period an applicant spends on a placement basis in
177.7 a training and habilitation program, including a rehabilitation
177.8 facility or work or employment program as defined in section
177.9 268A.01; or receiving personal care assistant services pursuant
177.10 to section 256B.0627, subdivision 4; semi-independent living
177.11 services provided under section 252.275, and Minnesota Rules,
177.12 parts 9525.0500 to 9525.0660; day training and habilitation
177.13 programs, and community-based services and assisted living
177.14 services; and
177.15 (c) any placement for a person with an indeterminate
177.16 commitment, including independent living.
177.17 Sec. 59. Minnesota Statutes 1996, section 256G.05,
177.18 subdivision 2, is amended to read:
177.19 Subd. 2. [NON-MINNESOTA RESIDENTS.] State residence is not
177.20 required for receiving emergency assistance in the general
177.21 assistance, general assistance medical care, and Minnesota
177.22 supplemental aid programs only program. The receipt of
177.23 emergency assistance must not be used as a factor in determining
177.24 county or state residence. Non-Minnesota residents are not
177.25 eligible for emergency general assistance medical care, except
177.26 emergency hospital services, and professional services incident
177.27 to the hospital services, for the treatment of acute trauma
177.28 resulting from an accident occurring in Minnesota. To be
177.29 eligible under this subdivision a non-Minnesota resident must
177.30 verify that they are not eligible for coverage under any other
177.31 health care program, including coverage from a program in their
177.32 state of residence.
177.33 Sec. 60. Minnesota Statutes 1996, section 256I.05,
177.34 subdivision 1a, is amended to read:
177.35 Subd. 1a. [SUPPLEMENTARY RATES.] (a) In addition to the
177.36 room and board rate specified in subdivision 1, the county
178.1 agency may negotiate a payment not to exceed $426.37 for other
178.2 services necessary to provide room and board provided by the
178.3 group residence if the residence is licensed by or registered by
178.4 the department of health, or licensed by the department of human
178.5 services to provide services in addition to room and board, and
178.6 if the provider of services is not also concurrently receiving
178.7 funding for services for a recipient under a home and
178.8 community-based waiver under title XIX of the Social Security
178.9 Act; or funding from the medical assistance program under
178.10 section 256B.0627, subdivision 4, for personal care services for
178.11 residents in the setting; or residing in a setting which
178.12 receives funding under Minnesota Rules, parts 9535.2000 to
178.13 9535.3000. If funding is available for other necessary services
178.14 through a home and community-based waiver, or personal care
178.15 services under section 256B.0627, subdivision 4, then the GRH
178.16 rate is limited to the rate set in subdivision 1. The
178.17 registration and licensure requirement does not apply to
178.18 establishments which are exempt from state licensure because
178.19 they are located on Indian reservations and for which the tribe
178.20 has prescribed health and safety requirements. Service payments
178.21 under this section may be prohibited under rules to prevent the
178.22 supplanting of federal funds with state funds. The commissioner
178.23 shall pursue the feasibility of obtaining the approval of the
178.24 Secretary of Health and Human Services to provide home and
178.25 community-based waiver services under title XIX of the Social
178.26 Security Act for residents who are not eligible for an existing
178.27 home and community-based waiver due to a primary diagnosis of
178.28 mental illness or chemical dependency and shall apply for a
178.29 waiver if it is determined to be cost-effective.
178.30 (b) The commissioner is authorized to make cost-neutral
178.31 transfers from the GRH fund for beds under this section to other
178.32 funding programs administered by the department after
178.33 consultation with the county or counties in which the affected
178.34 beds are located. The commissioner may also make cost-neutral
178.35 transfers from the GRH fund to county human service agencies for
178.36 beds permanently removed from the GRH census under a plan
179.1 submitted by the county agency and approved by the
179.2 commissioner. The commissioner shall report the amount of any
179.3 transfers under this provision annually to the legislature.
179.4 (c) The provisions of paragraph (b) do not apply to a
179.5 facility that has its reimbursement rate established under
179.6 section 256B.431, subdivision 4, paragraph (c).
179.7 Sec. 61. Minnesota Statutes 1996, section 469.155,
179.8 subdivision 4, is amended to read:
179.9 Subd. 4. [REFINANCING HEALTH FACILITIES.] It may issue
179.10 revenue bonds to pay, purchase, or discharge all or any part of
179.11 the outstanding indebtedness of a contracting party engaged
179.12 primarily in the operation of one or more nonprofit hospitals or
179.13 nursing homes previously incurred in the acquisition or
179.14 betterment of its existing hospital or nursing home facilities
179.15 to the extent deemed necessary by the governing body of the
179.16 municipality or redevelopment agency; this may include any
179.17 unpaid interest on the indebtedness accrued or to accrue to the
179.18 date on which the indebtedness is finally paid, and any premium
179.19 the governing body of the municipality or redevelopment agency
179.20 determines to be necessary to be paid to pay, purchase, or
179.21 defease the outstanding indebtedness. If revenue bonds are
179.22 issued for this purpose, the refinancing and the existing
179.23 properties of the contracting party shall be deemed to
179.24 constitute a project under section 469.153, subdivision 2,
179.25 clause (d). Revenue bonds may not be issued pursuant to this
179.26 subdivision unless the application for approval of the project
179.27 pursuant to section 469.154 shows that a reduction in debt
179.28 service charges is estimated to result and will be reflected in
179.29 charges to patients and third-party payors. Proceeds of revenue
179.30 bonds issued pursuant to this subdivision may not be used for
179.31 any purpose inconsistent with the provisions of chapter 256B.
179.32 Nothing in this subdivision prohibits the use of revenue bond
179.33 proceeds to pay outstanding indebtedness of a contracting party
179.34 to the extent permitted by law on March 28, 1978.
179.35 Sec. 62. Laws 1995, chapter 207, article 6, section 115,
179.36 is amended to read:
180.1 Sec. 115. [CONTINUATION OF PILOT PROJECTS.]
180.2 The alternative care pilot projects authorized in Laws
180.3 1993, First Special Session chapter 1, article 5, section 133,
180.4 shall not expire on June 30, 1995, but shall continue until June
180.5 30, 1997 2001, except that the three percent rate increases
180.6 authorized in Laws 1993, First Special Session chapter 1,
180.7 article 1, section 2, subdivision 4, and any subsequent rate
180.8 increases shall be incorporated in average monthly cost
180.9 effective July 1, 1995. Beginning July 1, 1997, a county may
180.10 spend up to ten percent of grant funds for needed client
180.11 services that are not listed under Minnesota Statutes, section
180.12 256B.0913, subdivision 5. The commissioner shall allow
180.13 additional counties at their option to implement the alternative
180.14 care program within the parameters established in Laws 1993,
180.15 First Special Session chapter 1, article 5, section 133. If
180.16 more than five counties exercise this option, the commissioner
180.17 may require counties to make this change on a phased schedule if
180.18 necessary in order to implement this provision within the limit
180.19 of available resources. For newly participating counties, the
180.20 previous fiscal year shall be the base year.
180.21 Sec. 63. [NEED FOR NONSTANDARD WHEELCHAIRS.]
180.22 The commissioner of human services, in consultation with
180.23 the System of Technology to Achieve Results (STAR) program,
180.24 shall present a report to the legislature by January 1, 1998, on
180.25 the need for nonstandard wheelchairs for recipients residing in
180.26 long-term care facilities. A standard wheelchair is a manual
180.27 wheelchair that is 16 to 20 inches wide and 18 inches deep with
180.28 sling seat and back upholstery and a seat height of 19-1/2
180.29 inches. The report shall:
180.30 (1) determine how many medical assistance recipients who
180.31 reside in long-term care facilities cannot independently operate
180.32 a standard wheelchair, but can safely and independently operate
180.33 a power or other nonstandard wheelchair;
180.34 (2) determine how many medical assistance recipients who
180.35 reside in long-term care facilities require a wheelchair to be
180.36 permanently modified by the addition of an item to accommodate
181.1 their health needs;
181.2 (3) determine how many medical assistance recipients who
181.3 reside in long-term care facilities have seating or positioning
181.4 needs which cannot be accommodated in a standard wheelchair;
181.5 (4) determine the average cost of a nonstandard wheelchair;
181.6 (5) determine the capability of long-term care facilities
181.7 to provide nonstandard wheelchairs to meet medical assistance
181.8 recipients needs; and
181.9 (6) determine to what extent in the past four years the
181.10 department of health has enforced regulations or rules relating
181.11 to a long-term care facility's obligation to meet the mobility
181.12 needs of residents.
181.13 Sec. 64. [STUDY OF ELDERLY WAIVER EXPANSION.]
181.14 The commissioner of human services shall appoint a task
181.15 force that includes representatives of counties, health plans,
181.16 consumers, and legislators to study the impact of the expansion
181.17 of the elderly waiver program under section 4 and to make
181.18 recommendations for any changes in law necessary to facilitate
181.19 an efficient and equitable relationship between the elderly
181.20 waiver program and the Minnesota senior health options project.
181.21 Based on the results of the task force study, the commissioner
181.22 may seek any federal waivers needed to improve the relationship
181.23 between the elderly waiver and the Minnesota senior health
181.24 options project. The commissioner shall report the results of
181.25 the task force study to the legislature by January 15, 1998.
181.26 Sec. 65. [DEVELOPMENT OF APPEALS PROCESS.]
181.27 The commissioner of human services, in consultation with
181.28 elderly advocates and nursing facility representatives, shall
181.29 develop and present to the legislature by January 15, 1998, an
181.30 appeals process for persons affected by the changes in nursing
181.31 facility level of care criteria scheduled to take effect on July
181.32 1, 1998.
181.33 Sec. 66. [PERSONAL CARE SERVICES STUDY.]
181.34 The commissioner of human services shall formulate
181.35 recommendations on how to allow recipients of medical assistance
181.36 who have been diagnosed with autism or other disabilities to use
182.1 personal care services with more flexibility to meet individual
182.2 client needs and preferences. The commissioner may convene an
182.3 advisory task force as authorized under Minnesota Statutes,
182.4 section 15.014, subdivision 2, to assist in formulating these
182.5 recommendations. If a task force is convened, it shall be
182.6 comprised of department of human services staff from the adult
182.7 mental health, children's mental health, home- and
182.8 community-based services, and developmental disabilities
182.9 divisions, as well as consumers of personal care services,
182.10 advocates, and providers of personal care attendant services. A
182.11 report with recommendations that outlines how consumer-centered
182.12 planning and flexible use of funds can be implemented by July 1,
182.13 1998, must be presented to the legislature by December 15, 1997.
182.14 Sec. 67. [INTEGRATION OF MINNESOTACARE WITH COUNTY-BASED
182.15 PURCHASING.]
182.16 The commissioner of human services shall develop a plan to
182.17 integrate the MinnesotaCare program with county-based purchasing.
182.18 The plan must be designed to provide more choice to
182.19 MinnesotaCare enrollees and to ensure that they have health care
182.20 options in addition to county-based purchasing. The plan must
182.21 permit a county that elects to implement county-based purchasing
182.22 to elect to purchase or provide health services on behalf of
182.23 persons eligible for the MinnesotaCare program. The
182.24 commissioner shall submit the plan to the legislature by
182.25 February 1, 1998.
182.26 Sec. 68. [OMBUDSPERSON SERVICES.]
182.27 The commissioner of human services shall make
182.28 recommendations to the legislature by January 15, 1998, on how
182.29 the ombudsperson services and prepayment coordinator services
182.30 established in Minnesota Statutes, section 256B.69, subdivisions
182.31 20 and 21, could be reorganized to ensure that the ombudsman and
182.32 county prepayment coordinator are independent of the department
182.33 of human services, county authorities, health plans, or other
182.34 health care providers. The commissioner must seek input from
182.35 recipients, advocates, and counties in reorganizing the
182.36 ombudsman and county advocate system.
183.1 Sec. 69. [WAIVER REQUEST.]
183.2 The commissioner of human services shall seek federal
183.3 approval to amend the health care reform waiver to extend the
183.4 postpartum period of medical assistance eligibility for chemical
183.5 dependency after-care services.
183.6 Sec. 70. [WAIVER MODIFICATION.]
183.7 The commissioner of human services shall seek federal
183.8 approval for any modifications to the health care reform waiver
183.9 necessary to implement the asset standard changes in sections 21
183.10 to 23, and 28.
183.11 Sec. 71. [REPORT ON RULE 101 CHANGE.]
183.12 The commissioner shall report to the legislature any
183.13 increase in participation of dental services providers in the
183.14 public assistance programs due to the change in the provider
183.15 participation requirements under the 1997 amendments to
183.16 Minnesota Statutes, section 256B.0644, by January 15, 1999.
183.17 Sec. 72. [SUNSET.]
183.18 The 1997 amendments to Minnesota Statutes, section
183.19 256B.0644, in section 33, expire on June 30, 1999.
183.20 Sec. 73. [REPEALER.]
183.21 (a) Minnesota Statutes 1996, sections 256B.057,
183.22 subdivisions 2a and 2b; and 469.154, subdivision 6, are repealed.
183.23 (b) Minnesota Statutes 1996, section 256B.0625, subdivision
183.24 13b, is repealed the day following final enactment.
183.25 (c) Minnesota Rules, part 9505.1000, is repealed.
183.26 Sec. 74. [EFFECTIVE DATE.]
183.27 (a) Sections 12 to 15, 28, and 37 are effective the day
183.28 following final enactment.
183.29 (b) Sections 43, 53, and 54 are effective July 1, 1999.
183.30 ARTICLE 5
183.31 CHILDREN'S PROGRAMS
183.32 Section 1. Minnesota Statutes 1996, section 245.4882,
183.33 subdivision 5, is amended to read:
183.34 Subd. 5. [SPECIALIZED RESIDENTIAL TREATMENT SERVICES.] The
183.35 commissioner of human services shall continue efforts to further
183.36 interagency collaboration to develop a comprehensive system of
184.1 services, including family community support and specialized
184.2 residential treatment services for children. The services shall
184.3 be designed for children with emotional disturbance who exhibit
184.4 violent or destructive behavior and for whom local treatment
184.5 services are not feasible due to the small number of children
184.6 statewide who need the services and the specialized nature of
184.7 the services required. The services shall be located in
184.8 community settings. If no appropriate services are available in
184.9 Minnesota or within the geographical area in which the residents
184.10 of the county normally do business, the commissioner is
184.11 responsible, effective July 1, 1997, for 50 percent of the
184.12 nonfederal costs of out-of-state treatment of children for whom
184.13 no appropriate resources are available in Minnesota. Counties
184.14 are eligible to receive enhanced state funding under this
184.15 section only if they have established juvenile screening teams
184.16 under section 260.151, subdivision 3, and if the out-of-state
184.17 treatment has been approved by the commissioner. By January 1,
184.18 1995, the commissioners of human services and corrections shall
184.19 jointly develop a plan, including a financing strategy, for
184.20 increasing the in-state availability of treatment within a
184.21 secure setting. By July 1, 1994, the commissioner of human
184.22 services shall also:
184.23 (1) conduct a study and develop a plan to meet the needs of
184.24 children with both a developmental disability and severe
184.25 emotional disturbance; and
184.26 (2) study the feasibility of expanding medical assistance
184.27 coverage to include specialized residential treatment for the
184.28 children described in this subdivision.
184.29 Sec. 2. Minnesota Statutes 1996, section 245.493,
184.30 subdivision 1, is amended to read:
184.31 Subdivision 1. [REQUIREMENTS TO QUALIFY AS A LOCAL
184.32 CHILDREN'S MENTAL HEALTH COLLABORATIVE.] In order to qualify as
184.33 a local children's mental health collaborative and be eligible
184.34 to receive start-up funds, the representatives of the local
184.35 system of care, including entities provided under section
184.36 245.4875, subdivision 6, and nongovernmental entities such as
185.1 parents of children in the target population; parent and
185.2 consumer organizations; community, civic, and religious
185.3 organizations; private and nonprofit mental and physical health
185.4 care providers; culturally specific organizations; local
185.5 foundations; and businesses, or at a minimum one county, one
185.6 school district or special education cooperative, and one mental
185.7 health entity, and, by July 1, 1998, one juvenile justice or
185.8 corrections entity, must agree to the following:
185.9 (1) to establish a local children's mental health
185.10 collaborative and develop an integrated service system; and
185.11 (2) to commit resources to providing services through the
185.12 local children's mental health collaborative.
185.13 Sec. 3. Minnesota Statutes 1996, section 245.493, is
185.14 amended by adding a subdivision to read:
185.15 Subd. 1a. [DUTIES OF CERTAIN COORDINATING BODIES.] By
185.16 mutual agreement of the collaborative and a coordinating body
185.17 listed in this subdivision, a children's mental health
185.18 collaborative or a collaborative established by the merger of a
185.19 children's mental health collaborative and a family services
185.20 collaborative under section 121.8355, may assume the duties of a
185.21 community transition interagency committee established under
185.22 section 120.17, subdivision 16; an interagency early
185.23 intervention committee established under 120.1701, subdivision
185.24 5; a local advisory council established under section 245.4875,
185.25 subdivision 5; or a local coordinating council established under
185.26 section 245.4875, subdivision 6.
185.27 Sec. 4. Minnesota Statutes 1996, section 256.01,
185.28 subdivision 2, is amended to read:
185.29 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
185.30 section 241.021, subdivision 2, the commissioner of human
185.31 services shall:
185.32 (1) Administer and supervise all forms of public assistance
185.33 provided for by state law and other welfare activities or
185.34 services as are vested in the commissioner. Administration and
185.35 supervision of human services activities or services includes,
185.36 but is not limited to, assuring timely and accurate distribution
186.1 of benefits, completeness of service, and quality program
186.2 management. In addition to administering and supervising human
186.3 services activities vested by law in the department, the
186.4 commissioner shall have the authority to:
186.5 (a) require county agency participation in training and
186.6 technical assistance programs to promote compliance with
186.7 statutes, rules, federal laws, regulations, and policies
186.8 governing human services;
186.9 (b) monitor, on an ongoing basis, the performance of county
186.10 agencies in the operation and administration of human services,
186.11 enforce compliance with statutes, rules, federal laws,
186.12 regulations, and policies governing welfare services and promote
186.13 excellence of administration and program operation;
186.14 (c) develop a quality control program or other monitoring
186.15 program to review county performance and accuracy of benefit
186.16 determinations;
186.17 (d) require county agencies to make an adjustment to the
186.18 public assistance benefits issued to any individual consistent
186.19 with federal law and regulation and state law and rule and to
186.20 issue or recover benefits as appropriate;
186.21 (e) delay or deny payment of all or part of the state and
186.22 federal share of benefits and administrative reimbursement
186.23 according to the procedures set forth in section 256.017; and
186.24 (f) make contracts with and grants to public and private
186.25 agencies and organizations, both profit and nonprofit, and
186.26 individuals, using appropriated funds.
186.27 (2) Inform county agencies, on a timely basis, of changes
186.28 in statute, rule, federal law, regulation, and policy necessary
186.29 to county agency administration of the programs.
186.30 (3) Administer and supervise all child welfare activities;
186.31 promote the enforcement of laws protecting handicapped,
186.32 dependent, neglected and delinquent children, and children born
186.33 to mothers who were not married to the children's fathers at the
186.34 times of the conception nor at the births of the children;
186.35 license and supervise child-caring and child-placing agencies
186.36 and institutions; supervise the care of children in boarding and
187.1 foster homes or in private institutions; and generally perform
187.2 all functions relating to the field of child welfare now vested
187.3 in the state board of control.
187.4 (4) Administer and supervise all noninstitutional service
187.5 to handicapped persons, including those who are visually
187.6 impaired, hearing impaired, or physically impaired or otherwise
187.7 handicapped. The commissioner may provide and contract for the
187.8 care and treatment of qualified indigent children in facilities
187.9 other than those located and available at state hospitals when
187.10 it is not feasible to provide the service in state hospitals.
187.11 (5) Assist and actively cooperate with other departments,
187.12 agencies and institutions, local, state, and federal, by
187.13 performing services in conformity with the purposes of Laws
187.14 1939, chapter 431.
187.15 (6) Act as the agent of and cooperate with the federal
187.16 government in matters of mutual concern relative to and in
187.17 conformity with the provisions of Laws 1939, chapter 431,
187.18 including the administration of any federal funds granted to the
187.19 state to aid in the performance of any functions of the
187.20 commissioner as specified in Laws 1939, chapter 431, and
187.21 including the promulgation of rules making uniformly available
187.22 medical care benefits to all recipients of public assistance, at
187.23 such times as the federal government increases its participation
187.24 in assistance expenditures for medical care to recipients of
187.25 public assistance, the cost thereof to be borne in the same
187.26 proportion as are grants of aid to said recipients.
187.27 (7) Establish and maintain any administrative units
187.28 reasonably necessary for the performance of administrative
187.29 functions common to all divisions of the department.
187.30 (8) Act as designated guardian of both the estate and the
187.31 person of all the wards of the state of Minnesota, whether by
187.32 operation of law or by an order of court, without any further
187.33 act or proceeding whatever, except as to persons committed as
187.34 mentally retarded. For children under the guardianship of the
187.35 commissioner whose interests would be best served by adoptive
187.36 placement, the commissioner may contract with a licensed
188.1 child-placing agency to provide adoption services. A contract
188.2 with a licensed child-placing agency must be designed to
188.3 supplement existing county efforts and may not replace existing
188.4 county programs, unless the replacement is agreed to by the
188.5 county board and the appropriate exclusive bargaining
188.6 representative or the commissioner has evidence that child
188.7 placements of the county continue to be substantially below that
188.8 of other counties.
188.9 (9) Act as coordinating referral and informational center
188.10 on requests for service for newly arrived immigrants coming to
188.11 Minnesota.
188.12 (10) The specific enumeration of powers and duties as
188.13 hereinabove set forth shall in no way be construed to be a
188.14 limitation upon the general transfer of powers herein contained.
188.15 (11) Establish county, regional, or statewide schedules of
188.16 maximum fees and charges which may be paid by county agencies
188.17 for medical, dental, surgical, hospital, nursing and nursing
188.18 home care and medicine and medical supplies under all programs
188.19 of medical care provided by the state and for congregate living
188.20 care under the income maintenance programs.
188.21 (12) Have the authority to conduct and administer
188.22 experimental projects to test methods and procedures of
188.23 administering assistance and services to recipients or potential
188.24 recipients of public welfare. To carry out such experimental
188.25 projects, it is further provided that the commissioner of human
188.26 services is authorized to waive the enforcement of existing
188.27 specific statutory program requirements, rules, and standards in
188.28 one or more counties. The order establishing the waiver shall
188.29 provide alternative methods and procedures of administration,
188.30 shall not be in conflict with the basic purposes, coverage, or
188.31 benefits provided by law, and in no event shall the duration of
188.32 a project exceed four years. It is further provided that no
188.33 order establishing an experimental project as authorized by the
188.34 provisions of this section shall become effective until the
188.35 following conditions have been met:
188.36 (a) The proposed comprehensive plan, including estimated
189.1 project costs and the proposed order establishing the waiver,
189.2 shall be filed with the secretary of the senate and chief clerk
189.3 of the house of representatives at least 60 days prior to its
189.4 effective date.
189.5 (b) The secretary of health, education, and welfare of the
189.6 United States has agreed, for the same project, to waive state
189.7 plan requirements relative to statewide uniformity.
189.8 (c) A comprehensive plan, including estimated project
189.9 costs, shall be approved by the legislative advisory commission
189.10 and filed with the commissioner of administration.
189.11 (13) In accordance with federal requirements, establish
189.12 procedures to be followed by local welfare boards in creating
189.13 citizen advisory committees, including procedures for selection
189.14 of committee members.
189.15 (14) Allocate federal fiscal disallowances or sanctions
189.16 which are based on quality control error rates for the aid to
189.17 families with dependent children, medical assistance, or food
189.18 stamp program in the following manner:
189.19 (a) One-half of the total amount of the disallowance shall
189.20 be borne by the county boards responsible for administering the
189.21 programs. For the medical assistance and AFDC programs,
189.22 disallowances shall be shared by each county board in the same
189.23 proportion as that county's expenditures for the sanctioned
189.24 program are to the total of all counties' expenditures for the
189.25 AFDC and medical assistance programs. For the food stamp
189.26 program, sanctions shall be shared by each county board, with 50
189.27 percent of the sanction being distributed to each county in the
189.28 same proportion as that county's administrative costs for food
189.29 stamps are to the total of all food stamp administrative costs
189.30 for all counties, and 50 percent of the sanctions being
189.31 distributed to each county in the same proportion as that
189.32 county's value of food stamp benefits issued are to the total of
189.33 all benefits issued for all counties. Each county shall pay its
189.34 share of the disallowance to the state of Minnesota. When a
189.35 county fails to pay the amount due hereunder, the commissioner
189.36 may deduct the amount from reimbursement otherwise due the
190.1 county, or the attorney general, upon the request of the
190.2 commissioner, may institute civil action to recover the amount
190.3 due.
190.4 (b) Notwithstanding the provisions of paragraph (a), if the
190.5 disallowance results from knowing noncompliance by one or more
190.6 counties with a specific program instruction, and that knowing
190.7 noncompliance is a matter of official county board record, the
190.8 commissioner may require payment or recover from the county or
190.9 counties, in the manner prescribed in paragraph (a), an amount
190.10 equal to the portion of the total disallowance which resulted
190.11 from the noncompliance, and may distribute the balance of the
190.12 disallowance according to paragraph (a).
190.13 (15) Develop and implement special projects that maximize
190.14 reimbursements and result in the recovery of money to the
190.15 state. For the purpose of recovering state money, the
190.16 commissioner may enter into contracts with third parties. Any
190.17 recoveries that result from projects or contracts entered into
190.18 under this paragraph shall be deposited in the state treasury
190.19 and credited to a special account until the balance in the
190.20 account reaches $1,000,000. When the balance in the account
190.21 exceeds $1,000,000, the excess shall be transferred and credited
190.22 to the general fund. All money in the account is appropriated
190.23 to the commissioner for the purposes of this paragraph.
190.24 (16) Have the authority to make direct payments to
190.25 facilities providing shelter to women and their children
190.26 pursuant to section 256D.05, subdivision 3. Upon the written
190.27 request of a shelter facility that has been denied payments
190.28 under section 256D.05, subdivision 3, the commissioner shall
190.29 review all relevant evidence and make a determination within 30
190.30 days of the request for review regarding issuance of direct
190.31 payments to the shelter facility. Failure to act within 30 days
190.32 shall be considered a determination not to issue direct payments.
190.33 (17) Have the authority to establish and enforce the
190.34 following county reporting requirements:
190.35 (a) The commissioner shall establish fiscal and statistical
190.36 reporting requirements necessary to account for the expenditure
191.1 of funds allocated to counties for human services programs.
191.2 When establishing financial and statistical reporting
191.3 requirements, the commissioner shall evaluate all reports, in
191.4 consultation with the counties, to determine if the reports can
191.5 be simplified or the number of reports can be reduced.
191.6 (b) The county board shall submit monthly or quarterly
191.7 reports to the department as required by the commissioner.
191.8 Monthly reports are due no later than 15 working days after the
191.9 end of the month. Quarterly reports are due no later than 30
191.10 calendar days after the end of the quarter, unless the
191.11 commissioner determines that the deadline must be shortened to
191.12 20 calendar days to avoid jeopardizing compliance with federal
191.13 deadlines or risking a loss of federal funding. Only reports
191.14 that are complete, legible, and in the required format shall be
191.15 accepted by the commissioner.
191.16 (c) If the required reports are not received by the
191.17 deadlines established in clause (b), the commissioner may delay
191.18 payments and withhold funds from the county board until the next
191.19 reporting period. When the report is needed to account for the
191.20 use of federal funds and the late report results in a reduction
191.21 in federal funding, the commissioner shall withhold from the
191.22 county boards with late reports an amount equal to the reduction
191.23 in federal funding until full federal funding is received.
191.24 (d) A county board that submits reports that are late,
191.25 illegible, incomplete, or not in the required format for two out
191.26 of three consecutive reporting periods is considered
191.27 noncompliant. When a county board is found to be noncompliant,
191.28 the commissioner shall notify the county board of the reason the
191.29 county board is considered noncompliant and request that the
191.30 county board develop a corrective action plan stating how the
191.31 county board plans to correct the problem. The corrective
191.32 action plan must be submitted to the commissioner within 45 days
191.33 after the date the county board received notice of noncompliance.
191.34 (e) The final deadline for fiscal reports or amendments to
191.35 fiscal reports is one year after the date the report was
191.36 originally due. If the commissioner does not receive a report
192.1 by the final deadline, the county board forfeits the funding
192.2 associated with the report for that reporting period and the
192.3 county board must repay any funds associated with the report
192.4 received for that reporting period.
192.5 (f) The commissioner may not delay payments, withhold
192.6 funds, or require repayment under paragraph (c) or (e) if the
192.7 county demonstrates that the commissioner failed to provide
192.8 appropriate forms, guidelines, and technical assistance to
192.9 enable the county to comply with the requirements. If the
192.10 county board disagrees with an action taken by the commissioner
192.11 under paragraph (c) or (e), the county board may appeal the
192.12 action according to sections 14.57 to 14.69.
192.13 (g) Counties subject to withholding of funds under
192.14 paragraph (c) or forfeiture or repayment of funds under
192.15 paragraph (e) shall not reduce or withhold benefits or services
192.16 to clients to cover costs incurred due to actions taken by the
192.17 commissioner under paragraph (c) or (e).
192.18 (18) Allocate federal fiscal disallowances or sanctions for
192.19 audit exceptions when federal fiscal disallowances or sanctions
192.20 are based on a statewide random sample for the foster care
192.21 program under title IV-E of the Social Security Act, United
192.22 States Code, title 42, in direct proportion to each county's
192.23 title IV-E foster care maintenance claim for that period.
192.24 Sec. 5. Minnesota Statutes 1996, section 256.01, is
192.25 amended by adding a subdivision to read:
192.26 Subd. 14. [CHILD WELFARE REFORM PILOTS.] The commissioner
192.27 of human services shall encourage local reforms in the delivery
192.28 of child welfare services and is authorized to approve local
192.29 pilot programs which focus on reforming the child protection and
192.30 child welfare systems in Minnesota. Authority to approve pilots
192.31 includes authority to waive existing state rules as needed to
192.32 accomplish reform efforts. Notwithstanding section 626.556,
192.33 subdivision 10, 10b, or 10d, the commissioner may authorize
192.34 programs to use alternative methods of investigating and
192.35 assessing reports of child maltreatment, provided that the
192.36 programs comply with the provisions of section 626.556 dealing
193.1 with the rights of individuals who are subjects of reports or
193.2 investigations, including notice and appeal rights and data
193.3 practices requirements. Pilot programs must be required to
193.4 address responsibility for safety and protection of children, be
193.5 time limited, and include evaluation of the pilot program.
193.6 Sec. 6. Minnesota Statutes 1996, section 256.045,
193.7 subdivision 3, is amended to read:
193.8 Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency
193.9 hearings are available for the following: (1) any person
193.10 applying for, receiving or having received public assistance or
193.11 a program of social services granted by the state agency or a
193.12 county agency under sections 252.32, 256.031 to 256.036, and
193.13 256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the
193.14 federal Food Stamp Act whose application for assistance is
193.15 denied, not acted upon with reasonable promptness, or whose
193.16 assistance is suspended, reduced, terminated, or claimed to have
193.17 been incorrectly paid; (2) any patient or relative aggrieved by
193.18 an order of the commissioner under section 252.27; (3) a party
193.19 aggrieved by a ruling of a prepaid health plan; (4) any
193.20 individual or facility determined by a lead agency to have
193.21 maltreated a vulnerable adult under section 626.557 after they
193.22 have exercised their right to administrative reconsideration
193.23 under section 626.557; (5) any person whose claim for foster
193.24 care payment pursuant to a placement of the child resulting from
193.25 a child protection assessment under section 626.556 is denied or
193.26 not acted upon with reasonable promptness, regardless of funding
193.27 source; (6) any person to whom a right of appeal pursuant to
193.28 this section is given by other provision of law; or (7) an
193.29 applicant aggrieved by an adverse decision to an application for
193.30 a hardship waiver under section 256B.15; or (8) an individual or
193.31 facility determined to have maltreated a minor under section
193.32 626.556, after the individual or facility has exercised the
193.33 right to administrative reconsideration under section 626.556.
193.34 The failure to exercise the right to an administrative
193.35 reconsideration shall not be a bar to a hearing under this
193.36 section if federal law provides an individual the right to a
194.1 hearing to dispute a finding of maltreatment. Individuals and
194.2 organizations specified in this section may contest the
194.3 specified action, decision, or final disposition before the
194.4 state agency by submitting a written request for a hearing to
194.5 the state agency within 30 days after receiving written notice
194.6 of the action, decision, or final disposition, or within 90 days
194.7 of such written notice if the applicant, recipient, patient, or
194.8 relative shows good cause why the request was not submitted
194.9 within the 30-day time limit.
194.10 The hearing for an individual or facility under clause (4)
194.11 or (8) is the only administrative appeal to the final lead
194.12 agency disposition determination specifically, including a
194.13 challenge to the accuracy and completeness of data under section
194.14 13.04. Hearings requested under clause (4) apply only to
194.15 incidents of maltreatment that occur on or after October 1,
194.16 1995. Hearings requested by nursing assistants in nursing homes
194.17 alleged to have maltreated a resident prior to October 1, 1995,
194.18 shall be held as a contested case proceeding under the
194.19 provisions of chapter 14. Hearings requested under clause (8)
194.20 apply only to incidents of maltreatment that occur on or after
194.21 July 1, 1997. A hearing for an individual or facility under
194.22 clause (8) is only available when there is no juvenile court or
194.23 adult criminal action pending. If such action is filed in
194.24 either court while an administrative review is pending, the
194.25 administrative review must be suspended until the judicial
194.26 actions are completed. If the juvenile court action or criminal
194.27 charge is dismissed or the criminal action overturned, the
194.28 matter may be considered in an administrative hearing.
194.29 For purposes of this section, bargaining unit grievance
194.30 procedures are not an administrative appeal.
194.31 The scope of hearings involving claims to foster care
194.32 payments under clause (5) shall be limited to the issue of
194.33 whether the county is legally responsible for a child's
194.34 placement under court order or voluntary placement agreement
194.35 and, if so, the correct amount of foster care payment to be made
194.36 on the child's behalf and shall not include review of the
195.1 propriety of the county's child protection determination or
195.2 child placement decision.
195.3 (b) Except for a prepaid health plan, A vendor of medical
195.4 care as defined in section 256B.02, subdivision 7, or a vendor
195.5 under contract with a county agency to provide social services
195.6 under section 256E.08, subdivision 4, is not a party and may not
195.7 request a hearing under this section, except if assisting a
195.8 recipient as provided in subdivision 4.
195.9 (c) An applicant or recipient is not entitled to receive
195.10 social services beyond the services included in the amended
195.11 community social services plan developed under section 256E.081,
195.12 subdivision 3, if the county agency has met the requirements in
195.13 section 256E.081.
195.14 Sec. 7. Minnesota Statutes 1996, section 256.045,
195.15 subdivision 3b, is amended to read:
195.16 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT
195.17 HEARINGS.] The state human services referee shall determine that
195.18 maltreatment has occurred if a preponderance of evidence exists
195.19 to support the final disposition under section sections 626.556
195.20 and 626.557.
195.21 The state human services referee shall recommend an order
195.22 to the commissioner of health or human services, as applicable,
195.23 who shall issue a final order. The commissioner shall affirm,
195.24 reverse, or modify the final disposition. Any order of the
195.25 commissioner issued in accordance with this subdivision is
195.26 conclusive upon the parties unless appeal is taken in the manner
195.27 provided in subdivision 7. In any licensing appeal under
195.28 chapter 245A and sections 144.50 to 144.58 and 144A.02 to
195.29 144A.46, the commissioner's findings determination as to whether
195.30 maltreatment occurred is conclusive.
195.31 Sec. 8. Minnesota Statutes 1996, section 256.045,
195.32 subdivision 4, is amended to read:
195.33 Subd. 4. [CONDUCT OF HEARINGS.] (a) All hearings held
195.34 pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted
195.35 according to the provisions of the federal Social Security Act
195.36 and the regulations implemented in accordance with that act to
196.1 enable this state to qualify for federal grants-in-aid, and
196.2 according to the rules and written policies of the commissioner
196.3 of human services. County agencies shall install equipment
196.4 necessary to conduct telephone hearings. A state human services
196.5 referee may schedule a telephone conference hearing when the
196.6 distance or time required to travel to the county agency offices
196.7 will cause a delay in the issuance of an order, or to promote
196.8 efficiency, or at the mutual request of the parties. Hearings
196.9 may be conducted by telephone conferences unless the applicant,
196.10 recipient, former recipient, person, or facility contesting
196.11 maltreatment objects. The hearing shall not be held earlier
196.12 than five days after filing of the required notice with the
196.13 county or state agency. The state human services referee shall
196.14 notify all interested persons of the time, date, and location of
196.15 the hearing at least five days before the date of the hearing.
196.16 Interested persons may be represented by legal counsel or other
196.17 representative of their choice, including a provider of therapy
196.18 services, at the hearing and may appear personally, testify and
196.19 offer evidence, and examine and cross-examine witnesses. The
196.20 applicant, recipient, former recipient, person, or facility
196.21 contesting maltreatment shall have the opportunity to examine
196.22 the contents of the case file and all documents and records to
196.23 be used by the county or state agency at the hearing at a
196.24 reasonable time before the date of the hearing and during the
196.25 hearing. In cases alleging discharge for maltreatment, In
196.26 hearings under subdivision 3, paragraph (a), clauses (4) and
196.27 (8), either party may subpoena the private data relating to the
196.28 investigation memorandum prepared by the lead agency under
196.29 section 626.556 or 626.557 that is not otherwise accessible
196.30 under section 13.04, provided the name identity of the reporter
196.31 may not be disclosed.
196.32 (b) The private data obtained by subpoena in a hearing
196.33 under subdivision 3, paragraph (a), clause (4) or (8), must be
196.34 subject to a protective order which prohibits its disclosure for
196.35 any other purpose outside the hearing provided for in this
196.36 section without prior order of the district court. Disclosure
197.1 without court order is punishable by a sentence of not more than
197.2 90 days imprisonment or a fine of not more than $700, or both.
197.3 These restrictions on the use of private data do not prohibit
197.4 access to the data under section 13.03, subdivision 6. Except
197.5 for appeals under subdivision 3, paragraph (a), clauses (4),
197.6 (5), and (8), upon request, the county agency shall provide
197.7 reimbursement for transportation, child care, photocopying,
197.8 medical assessment, witness fee, and other necessary and
197.9 reasonable costs incurred by the applicant, recipient, or former
197.10 recipient in connection with the appeal, except in appeals
197.11 brought under subdivision 3b. All evidence, except that
197.12 privileged by law, commonly accepted by reasonable people in the
197.13 conduct of their affairs as having probative value with respect
197.14 to the issues shall be submitted at the hearing and such hearing
197.15 shall not be "a contested case" within the meaning of section
197.16 14.02, subdivision 3. The agency must present its evidence
197.17 prior to or at the hearing, and may not submit evidence after
197.18 the hearing except by agreement of the parties at the hearing,
197.19 provided the recipient petitioner has the opportunity to respond.
197.20 Sec. 9. Minnesota Statutes 1996, section 256.045,
197.21 subdivision 5, is amended to read:
197.22 Subd. 5. [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.]
197.23 This subdivision does not apply to appeals under subdivision
197.24 3b. A state human services referee shall conduct a hearing on
197.25 the appeal and shall recommend an order to the commissioner of
197.26 human services. The recommended order must be based on all
197.27 relevant evidence and must not be limited to a review of the
197.28 propriety of the state or county agency's action. A referee may
197.29 take official notice of adjudicative facts. The commissioner of
197.30 human services may accept the recommended order of a state human
197.31 services referee and issue the order to the county agency and
197.32 the applicant, recipient, former recipient, or prepaid health
197.33 plan. The commissioner on refusing to accept the recommended
197.34 order of the state human services referee, shall notify the
197.35 county petitioner, the agency and the applicant, recipient,
197.36 former recipient, or prepaid health plan of that fact and shall
198.1 state reasons therefor and shall allow each party ten days' time
198.2 to submit additional written argument on the matter. After the
198.3 expiration of the ten-day period, the commissioner shall issue
198.4 an order on the matter to the county petitioner, the agency and
198.5 the applicant, recipient, former recipient, or prepaid health
198.6 plan.
198.7 A party aggrieved by an order of the commissioner may
198.8 appeal under subdivision 7, or request reconsideration by the
198.9 commissioner within 30 days after the date the commissioner
198.10 issues the order. The commissioner may reconsider an order upon
198.11 request of any party or on the commissioner's own motion. A
198.12 request for reconsideration does not stay implementation of the
198.13 commissioner's order. Upon reconsideration, the commissioner
198.14 may issue an amended order or an order affirming the original
198.15 order.
198.16 Any order of the commissioner issued under this subdivision
198.17 shall be conclusive upon the parties unless appeal is taken in
198.18 the manner provided by subdivision 7. Any order of the
198.19 commissioner is binding on the parties and must be implemented
198.20 by the state agency or, a county agency, or a prepaid health
198.21 plan according to subdivision 3a, until the order is reversed by
198.22 the district court, or unless the commissioner or a district
198.23 court orders monthly assistance or aid or services paid or
198.24 provided under subdivision 10.
198.25 Except for a prepaid health plan, A vendor of medical care
198.26 as defined in section 256B.02, subdivision 7, or a vendor under
198.27 contract with a county agency to provide social services under
198.28 section 256E.08, subdivision 4, is not a party and may not
198.29 request a hearing or seek judicial review of an order issued
198.30 under this section, unless assisting a recipient as provided in
198.31 subdivision 4. A prepaid health plan is a party to an appeal
198.32 under subdivision 3a, but cannot seek judicial review of an
198.33 order issued under this section.
198.34 Sec. 10. Minnesota Statutes 1996, section 256.045,
198.35 subdivision 8, is amended to read:
198.36 Subd. 8. [HEARING.] Any party may obtain a hearing at a
199.1 special term of the district court by serving a written notice
199.2 of the time and place of the hearing at least ten days prior to
199.3 the date of the hearing. Except for appeals under subdivision
199.4 3b, The court may consider the matter in or out of chambers, and
199.5 shall take no new or additional evidence unless it determines
199.6 that such evidence is necessary for a more equitable disposition
199.7 of the appeal.
199.8 Sec. 11. Minnesota Statutes 1996, section 256.82, is
199.9 amended by adding a subdivision to read:
199.10 Subd. 5. [DIFFICULTY OF CARE ASSESSMENT PILOT
199.11 PROJECT.] Notwithstanding any law to the contrary, the
199.12 commissioner of human services shall conduct a two-year
199.13 statewide pilot project beginning July 1, 1997, to conduct a
199.14 difficulty of care assessment process which both assesses an
199.15 individual child's current functioning and identifies needs in a
199.16 variety of life situations. The pilot project must take into
199.17 consideration existing difficulty of care payments so that, to
199.18 the extent possible, no child for whom a difficulty of care rate
199.19 is currently established will be adversely affected. The pilot
199.20 project must include an evaluation and an interim report to the
199.21 legislature by January 15, 1999.
199.22 Sec. 12. Minnesota Statutes 1996, section 256F.04,
199.23 subdivision 1, is amended to read:
199.24 Subdivision 1. [FAMILY PRESERVATION FUND.] The
199.25 commissioner shall establish a family preservation fund to
199.26 assist counties in providing placement prevention and family
199.27 reunification services. This fund shall include a basic grant
199.28 for family preservation services, a placement earnings grant
199.29 under section 256.8711, subdivision 6b, paragraph (a), and a
199.30 development grant under section 256.8711, subdivision 6a, to
199.31 assist counties in developing and expanding their family
199.32 preservation core services as defined in section 256F.03,
199.33 subdivision 10. Beginning with calendar year 1998, after each
199.34 annual or quarterly calculation, these three component grants
199.35 shall be added together and treated as a single family
199.36 preservation grant.
200.1 Sec. 13. Minnesota Statutes 1996, section 256F.04,
200.2 subdivision 2, is amended to read:
200.3 Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall
200.4 provide necessary forms and instructions to the counties for
200.5 their community social services plan, as required in section
200.6 256E.09, that incorporate the information necessary to apply for
200.7 a family preservation fund grant, and to exercise county options
200.8 under section 256F.05, subdivisions 7, paragraph (a), or
200.9 subdivision 8, paragraph (c).
200.10 Sec. 14. Minnesota Statutes 1996, section 256F.05,
200.11 subdivision 2, is amended to read:
200.12 Subd. 2. [MONEY AVAILABLE FOR THE BASIC GRANT FAMILY
200.13 PRESERVATION.] Money appropriated for family preservation under
200.14 sections 256F.04 to 256F.07, together with an amount as
200.15 determined by the commissioner of title IV-B funds distributed
200.16 to Minnesota according to the Social Security Act, United States
200.17 Code, title 42, chapter 7, subchapter IV, part B, section 621,
200.18 must be distributed to counties on a calendar year basis
200.19 according to the formula in subdivision 3.
200.20 Sec. 15. Minnesota Statutes 1996, section 256F.05,
200.21 subdivision 3, is amended to read:
200.22 Subd. 3. [BASIC GRANT FORMULA.] (a) The amount of money
200.23 allocated to counties under subdivision 2 shall first be
200.24 allocated in amounts equal to each county's guaranteed floor
200.25 according to paragraph (b), and second, any remaining available
200.26 funds allocated as follows:
200.27 (1) 90 50 percent of the funds shall be allocated based on
200.28 the population of the county under age 19 years as compared to
200.29 the state as a whole as determined by the most recent data from
200.30 the state demographer's office; and
200.31 (2) ten 20 percent of funds shall be allocated based on the
200.32 county's percentage share of the unduplicated number of families
200.33 who received family preservation services under section 256F.03,
200.34 subdivision 5, paragraphs (a), (b), (c), and (e), in the most
200.35 recent calendar year available as determined by the
200.36 commissioner;
201.1 (3) ten percent of the funds shall be allocated based on
201.2 the county's percentage share of the unduplicated number of
201.3 children in substitute care in the most recent calendar year
201.4 available as determined by the commissioner;
201.5 (4) ten percent of the funds shall be allocated based on
201.6 the county's percentage share of the number of determined
201.7 maltreatment reports in the most recent calendar year available
201.8 as determined by the commissioner;
201.9 (5) five percent of the funds shall be allocated based on
201.10 the county's percentage share of the number of American Indian
201.11 children under age 18 residing in the county in the most recent
201.12 calendar year as determined by the commissioner; and
201.13 (6) five percent of the funds shall be allocated based on
201.14 the county's percentage share of the number of minority children
201.15 of color receiving children's case management services as
201.16 defined by the commissioner based on the most recent data as
201.17 determined by the commissioner.
201.18 (b) Each county's basic grant guaranteed floor shall be
201.19 calculated as follows:
201.20 (1) 90 percent of the county's allocation received in the
201.21 preceding calendar year. For calendar year 1996 only, the
201.22 allocation received in the preceding calendar year shall be
201.23 determined by the commissioner based on the funding previously
201.24 distributed as separate grants under sections 256F.04 to 256F.07
201.25 or $25,000, whichever is greater; and
201.26 (2) when the amounts of funds available for allocation is
201.27 less than the amount available in the previous year, each
201.28 county's previous year allocation shall be reduced in proportion
201.29 to the reduction in the statewide funding, for the purpose of
201.30 establishing the guaranteed floor.
201.31 (c) The commissioner shall regularly review the use of
201.32 family preservation fund allocations by county. The
201.33 commissioner may reallocate unexpended or unencumbered money at
201.34 any time among those counties that have expended or are
201.35 projected to expend their full allocation.
201.36 (d) For the period of July 1, 1997, to December 31, 1998,
202.1 only, each county shall receive an 18-month allocation. For the
202.2 purposes of determining the guaranteed floor for this 18-month
202.3 allocation, the allocation received in the preceding calendar
202.4 year shall be determined by the commissioner based on the
202.5 funding previously distributed separately under sections
202.6 256.8711 and 256F.04.
202.7 Sec. 16. Minnesota Statutes 1996, section 256F.05,
202.8 subdivision 4, is amended to read:
202.9 Subd. 4. [PAYMENTS.] The commissioner shall make grant
202.10 payments to each county whose biennial community social services
202.11 plan has been approved under section 256F.04, subdivision 2.
202.12 The basic grant under subdivisions 2 and 3 and the development
202.13 grant under section 256.8711, subdivision 6a, shall be paid to
202.14 counties in four installments per year. The commissioner may
202.15 certify the payments for the first three months of a calendar
202.16 year. Subsequent payments shall be based on reported
202.17 expenditures and may be adjusted for anticipated spending
202.18 patterns. The placement earnings grant under section 256.8711,
202.19 subdivision 6b, paragraph (a), shall be based on earnings and
202.20 coordinated with the other payments. In calendar years 1996 and
202.21 1997, the placement earnings grant and the development grant
202.22 shall be distributed separately from the basic grant, except as
202.23 provided in subdivision 7, paragraph (a). Beginning with
202.24 calendar year 1998, after each annual or quarterly calculation,
202.25 these three component grants shall be added together into a
202.26 single family preservation fund grant and treated as a single
202.27 grant.
202.28 Sec. 17. Minnesota Statutes 1996, section 256F.05,
202.29 subdivision 8, is amended to read:
202.30 Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTS.] For
202.31 both basic grants and single family preservation fund grants:
202.32 (a) A county which has not demonstrated that year that its
202.33 family preservation core services are developed as provided in
202.34 subdivision 1a, must use its family preservation fund grant
202.35 exclusively for family preservation services defined in section
202.36 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e).
203.1 (b) A county which has demonstrated that year that its
203.2 family preservation core services are developed becomes eligible
203.3 either to continue using its family preservation fund grant as
203.4 provided in paragraph (a), or to exercise the expanded service
203.5 option under paragraph (c).
203.6 (c) The expanded service option permits an eligible county
203.7 to use its family preservation fund grant for child welfare
203.8 preventative preventive services as defined in section 256F.10,
203.9 subdivision 7, paragraph (d). For purposes of this section,
203.10 child welfare preventive services are those services directed
203.11 toward a specific child or family that further the goals of
203.12 section 256F.01 and include assessments, family preservation
203.13 services, service coordination, community-based treatment,
203.14 crisis nursery services when the parents retain custody and
203.15 there is no voluntary placement agreement with a child-placing
203.16 agency, respite care except when it is provided under a medical
203.17 assistance waiver, home-based services, and other related
203.18 services. For purposes of this section, child welfare
203.19 preventive services shall not include shelter care or other
203.20 placement services under the authority of the court or public
203.21 agency to address an emergency. To exercise this option, an
203.22 eligible county must notify the commissioner in writing of its
203.23 intention to do so no later than 30 days into the quarter during
203.24 which it intends to begin or in its county plan, as provided in
203.25 section 256F.04, subdivision 2. Effective with the first day of
203.26 that quarter, the county must maintain its base level of
203.27 expenditures for child welfare preventative preventive services
203.28 and use the family preservation fund to expand them. The base
203.29 level of expenditures for a county shall be that established
203.30 under section 256F.10, subdivision 7. For counties which have
203.31 no such base established, a comparable base shall be established
203.32 with the base year being the calendar year ending at least two
203.33 calendar quarters before the first calendar quarter in which the
203.34 county exercises its expanded service option. The commissioner
203.35 shall, at the request of the counties, reduce, suspend, or
203.36 eliminate either or both of a county's obligations to continue
204.1 the base level of expenditures and to expand child welfare
204.2 preventative preventive services based on conditions described
204.3 in section 256F.10, subdivision 7, paragraph (b) or (c) under
204.4 extraordinary circumstances.
204.5 (d) Each county's placement earnings and development grant
204.6 shall be determined under section 256.8711, but after each
204.7 annual or quarterly calculation, if added to that county's basic
204.8 grant, the three component grants shall be treated as a single
204.9 family preservation fund grant.
204.10 Sec. 18. Minnesota Statutes 1996, section 256F.06,
204.11 subdivision 1, is amended to read:
204.12 Subdivision 1. [RESPONSIBILITIES.] A county board may,
204.13 alone or in combination with other county boards, apply for a
204.14 family preservation fund grant as provided in section 256F.04,
204.15 subdivision 2. Upon approval of the grant, the county board may
204.16 contract for or directly provide family-based and other eligible
204.17 services. A county board may contract with or directly provide
204.18 eligible services to children and families through a local
204.19 collaborative.
204.20 Sec. 19. Minnesota Statutes 1996, section 256F.06,
204.21 subdivision 2, is amended to read:
204.22 Subd. 2. [DEVELOPING FAMILY PRESERVATION CORE SERVICES.] A
204.23 county board shall endeavor to develop and expand its family
204.24 preservation core services. When a county can demonstrate that
204.25 its family preservation core services are developed as provided
204.26 in section 256F.05, subdivision 1a, a county board becomes
204.27 eligible to exercise the expanded service option under section
204.28 256F.05, subdivision 8, paragraph (c). For calendar years 1996
204.29 and 1997, the county board also becomes eligible to request that
204.30 its basic, placement earnings, and development grants be added
204.31 into a single grant under section 256F.05, subdivision 7,
204.32 paragraph (a).
204.33 Sec. 20. Minnesota Statutes 1996, section 256F.11,
204.34 subdivision 2, is amended to read:
204.35 Subd. 2. [FUND DISTRIBUTION.] In distributing funds, the
204.36 commissioner shall give priority consideration to agencies and
205.1 organizations with experience in working with abused or
205.2 neglected children and their families, and with children at high
205.3 risk of abuse and neglect and their families, and serve
205.4 communities which demonstrate the greatest need for these
205.5 services. Funds shall be distributed to crisis nurseries
205.6 according to a formula developed by the commissioner in
205.7 consultation with the Minnesota crisis nursery association.
205.8 This formula shall include funding for all existing crisis
205.9 nursery programs that meet program requirements as specified in
205.10 paragraph (a), and consideration of factors reflecting the need
205.11 for services in each service area, including, but not limited
205.12 to, the number of children 18 years of age and under living in
205.13 the service area, the percent of children 18 years of age and
205.14 under living in poverty in the service area, and factors
205.15 reflecting the cost of providing services, including, but not
205.16 limited to, the number of days of service provided in the
205.17 previous year. At least 25 percent of available funds for state
205.18 fiscal year 1998 shall be set aside to accomplish any of the
205.19 following: establish new crisis nursery programs; increase
205.20 statewide availability of crisis nursery services; and enhance
205.21 or expand services at existing crisis nursery programs.
205.22 (a) The crisis nurseries must:
205.23 (1) be available 24 hours a day, seven days a week;
205.24 (2) provide services for children up to three days at any
205.25 one time;
205.26 (3) make referrals for parents to counseling services and
205.27 other community resources to help alleviate the underlying cause
205.28 of the precipitating stress or crisis;
205.29 (4) provide services without a fee for a maximum of 30 days
205.30 in any year;
205.31 (5) provide services to children from birth to 12 years of
205.32 age;
205.33 (6) provide an initial assessment and intake interview
205.34 conducted by a skilled professional who will identify the
205.35 presenting problem and make an immediate referral to an
205.36 appropriate agency or program to prevent maltreatment and
206.1 out-of-home placement of children;
206.2 (7) maintain the clients' confidentiality to the extent
206.3 required by law, and also comply with statutory reporting
206.4 requirements which may mandate a report to child protective
206.5 services;
206.6 (8) contain a volunteer component;
206.7 (9) provide preservice training and ongoing training to
206.8 providers and volunteers;
206.9 (10) evaluate the services provided by documenting use of
206.10 services, the result of family referrals made to community
206.11 resources, and how the services reduced the risk of
206.12 maltreatment;
206.13 (11) provide age appropriate programming;
206.14 (12) provide developmental assessments;
206.15 (13) provide medical assessments as determined by using a
206.16 risk screening tool;
206.17 (14) meet United States Department of Agriculture
206.18 regulations concerning meals and provide three meals a day and
206.19 three snacks during a 24-hour period; and
206.20 (15) provide appropriate sleep and nap arrangements for
206.21 children.
206.22 (b) The crisis nurseries are encouraged to provide:
206.23 (1) on-site support groups for facility model programs, or
206.24 agency sponsored parent support groups for volunteer family
206.25 model programs;
206.26 (2) parent education classes or programs that include
206.27 parent-child interaction; and
206.28 (3) opportunities for parents to volunteer, if appropriate,
206.29 to assist with child care in a supervised setting in order to
206.30 enhance their parenting skills and self-esteem, in addition to
206.31 providing them the opportunity to give something back to the
206.32 program.
206.33 (c) Parents shall retain custody of their children during
206.34 placement in a crisis facility.
206.35 The crisis nurseries are encouraged to include one or more
206.36 parents who have used the crisis nursery services on the
207.1 program's multidisciplinary advisory board.
207.2 Sec. 21. [257.85] [RELATIVE CUSTODY ASSISTANCE.]
207.3 Subdivision 1. [CITATION.] This section may be cited as
207.4 the "Relative Custody Assistance Act."
207.5 Subd. 2. [SCOPE.] The provisions of this section apply to
207.6 those situations in which the legal and physical custody of a
207.7 child is established with a relative according to section
207.8 260.191, subdivision 3b, by a court order issued on or after
207.9 July 1, 1997.
207.10 Subd. 3. [DEFINITIONS.] For purposes of this section, the
207.11 terms defined in this subdivision have the meanings given them.
207.12 (a) "AFDC or MFIP standard" means the monthly standard of
207.13 need used to calculate assistance under the AFDC program, the
207.14 transitional standard used to calculate assistance under the
207.15 MFIP-S program, or, if neither of those is applicable, the
207.16 analogous transitional standard used to calculate assistance
207.17 under the MFIP or MFIP-R programs.
207.18 (b) "Local agency" means the local social service agency
207.19 with legal custody of a child prior to the transfer of permanent
207.20 legal and physical custody to a relative.
207.21 (c) "Permanent legal and physical custody" means permanent
207.22 legal and physical custody ordered by a Minnesota juvenile court
207.23 under section 260.191, subdivision 3b.
207.24 (d) "Relative" means an individual, other than a parent,
207.25 who is related to a child by blood, marriage, or adoption.
207.26 (e) "Relative custodian" means a relative of a child for
207.27 whom the relative has permanent legal and physical custody.
207.28 (f) "Relative custody assistance agreement" means an
207.29 agreement entered into between a local agency and the relative
207.30 of a child who has been or will be awarded permanent legal and
207.31 physical custody of the child.
207.32 (g) "Relative custody assistance payment" means a monthly
207.33 cash grant made to a relative custodian pursuant to a relative
207.34 custody assistance agreement and in an amount calculated under
207.35 subdivision 7.
207.36 (h) "Remains in the physical custody of the relative
208.1 custodian" means that the relative custodian is providing
208.2 day-to-day care for the child and that the child lives with the
208.3 relative custodian; absence from the relative custodian's home
208.4 for a period of more than 120 days raises a presumption that the
208.5 child no longer remains in the physical custody of the relative
208.6 custodian.
208.7 Subd. 4. [DUTIES OF LOCAL AGENCY.] (a) When a local agency
208.8 seeks a court order under section 260.191, subdivision 3b, to
208.9 establish permanent legal and physical custody of a child with a
208.10 relative, or if such an order is issued by the court, the local
208.11 agency shall perform the duties in this subdivision.
208.12 (b) As soon as possible after the local agency determines
208.13 that it will seek to establish permanent legal and physical
208.14 custody of the child with a relative or, if the agency did not
208.15 seek to establish custody, as soon as possible after the
208.16 issuance of the court order establishing custody, the local
208.17 agency shall inform the relative about the relative custody
208.18 assistance program, including eligibility criteria and payment
208.19 levels. Anytime prior to, but not later than seven days after,
208.20 the date the court issues the order establishing permanent legal
208.21 and physical custody of the child with a relative, the local
208.22 agency shall determine whether the eligibility criteria in
208.23 subdivision 6 are met to allow the relative to receive relative
208.24 custody assistance. Not later than seven days after determining
208.25 whether the eligibility criteria are met, the local agency shall
208.26 inform the relative custodian of its determination and of the
208.27 process for appealing that determination under subdivision 9.
208.28 (c) If the local agency determines that the relative
208.29 custodian is eligible to receive relative custody assistance,
208.30 the local agency shall prepare the relative custody assistance
208.31 agreement and ensure that it meets the criteria of subdivision 6.
208.32 (d) The local agency shall make monthly payments to the
208.33 relative as set forth in the relative custody assistance
208.34 agreement. On a quarterly basis and on a form to be provided by
208.35 the commissioner, the local agency shall make claims for
208.36 reimbursement from the commissioner for relative custody
209.1 assistance payments made.
209.2 (e) For a relative custody assistance agreement that is in
209.3 place for longer than one year, and as long as the agreement
209.4 remains in effect, the local agency shall send an annual
209.5 affidavit form to the relative custodian of the eligible child
209.6 within the month before the anniversary date of the agreement.
209.7 The local agency shall monitor whether the annual affidavit is
209.8 returned by the relative custodian within 30 days following the
209.9 anniversary date of the agreement. The local agency shall
209.10 review the affidavit and any other information in its possession
209.11 to ensure continuing eligibility for relative custody assistance
209.12 and that the amount of payment made according to the agreement
209.13 is correct.
209.14 (f) When the local agency determines that a relative
209.15 custody assistance agreement should be terminated or modified,
209.16 it shall provide notice of the proposed termination or
209.17 modification to the relative custodian at least ten days before
209.18 the proposed action along with information about the process for
209.19 appealing the proposed action.
209.20 Subd. 5. [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A
209.21 relative custody assistance agreement will not be effective,
209.22 unless it is signed by the local agency and the relative
209.23 custodian no later than 30 days after the date of the order
209.24 establishing permanent legal and physical custody with the
209.25 relative, except that a local agency may enter into a relative
209.26 custody assistance agreement with a relative custodian more than
209.27 30 days after the date of the order if it certifies that the
209.28 delay in entering the agreement was through no fault of the
209.29 relative custodian. There must be a separate agreement for each
209.30 child for whom the relative custodian is receiving relative
209.31 custody assistance.
209.32 (b) Regardless of when the relative custody assistance
209.33 agreement is signed by the local agency and relative custodian,
209.34 the effective date of the agreement shall be the first day of
209.35 the month following the date of the order establishing permanent
209.36 legal and physical custody or the date that the last party signs
210.1 the agreement, whichever occurs later.
210.2 (c) If MFIP-S is not the applicable program for a child at
210.3 the time that a relative custody assistance agreement is entered
210.4 on behalf of the child, when MFIP-S becomes the applicable
210.5 program, if the relative custodian had been receiving custody
210.6 assistance payments calculated based upon a different program,
210.7 the amount of relative custody assistance payment under
210.8 subdivision 7 shall be recalculated under the MFIP-S program.
210.9 (d) The relative custody assistance agreement shall be in a
210.10 form specified by the commissioner and shall include provisions
210.11 relating to the following:
210.12 (1) the responsibilities of all parties to the agreement;
210.13 (2) the payment terms, including the financial
210.14 circumstances of the relative custodian, the needs of the child,
210.15 the amount and calculation of the relative custody assistance
210.16 payments, and that the amount of the payments shall be
210.17 reevaluated annually;
210.18 (3) the effective date of the agreement, which shall also
210.19 be the anniversary date for the purpose of submitting the annual
210.20 affidavit under subdivision 8;
210.21 (4) that failure to submit the affidavit as required by
210.22 subdivision 8 will be grounds for terminating the agreement;
210.23 (5) the agreement's expected duration, which shall not
210.24 extend beyond the child's eighteenth birthday;
210.25 (6) any specific known circumstances that could cause the
210.26 agreement or payments to be modified, reduced, or terminated and
210.27 the relative custodian's appeal rights under subdivision 9;
210.28 (7) that the relative custodian must notify the local
210.29 agency within 30 days of any of the following:
210.30 (i) a change in the child's status;
210.31 (ii) a change in the relationship between the relative
210.32 custodian and the child;
210.33 (iii) a change in composition or level of income of the
210.34 relative custodian's family;
210.35 (iv) a change in eligibility or receipt of benefits under
210.36 AFDC, MFIP-S, or other assistance program; and
211.1 (v) any other change that could affect eligibility for or
211.2 amount of relative custody assistance;
211.3 (8) that failure to provide notice of a change as required
211.4 by clause (7) will be grounds for terminating the agreement;
211.5 (9) that the amount of relative custody assistance is
211.6 subject to the availability of state funds to reimburse the
211.7 local agency making the payments;
211.8 (10) that the relative custodian may choose to temporarily
211.9 stop receiving payments under the agreement at any time by
211.10 providing 30 days' notice to the local agency and may choose to
211.11 begin receiving payments again by providing the same notice but
211.12 any payments the relative custodian chooses not to receive are
211.13 forfeit; and
211.14 (11) that the local agency will continue to be responsible
211.15 for making relative custody assistance payments under the
211.16 agreement regardless of the relative custodian's place of
211.17 residence.
211.18 Subd. 6. [ELIGIBILITY CRITERIA.] A local agency shall
211.19 enter into a relative custody assistance agreement under
211.20 subdivision 5 if it certifies that the following criteria are
211.21 met:
211.22 (1) the juvenile court has determined or is expected to
211.23 determine that the child, under the former or current custody of
211.24 the local agency, cannot return to the home of the child's
211.25 parents;
211.26 (2) the court, upon determining that it is in the child's
211.27 best interests, has issued or is expected to issue an order
211.28 transferring permanent legal and physical custody of the child
211.29 to the relative; and
211.30 (3) the child either:
211.31 (i) is a member of a sibling group to be placed together;
211.32 or
211.33 (ii) has a physical, mental, emotional, or behavioral
211.34 disability that will require financial support.
211.35 When the local agency bases its certification that the
211.36 criteria in clause (1) or (2) are met upon the expectation that
212.1 the juvenile court will take a certain action, the relative
212.2 custody assistance agreement does not become effective until and
212.3 unless the court acts as expected.
212.4 Subd. 7. [AMOUNT OF RELATIVE CUSTODY ASSISTANCE
212.5 PAYMENTS.] (a) The amount of a monthly relative custody
212.6 assistance payment shall be determined according to the
212.7 provisions of this paragraph.
212.8 (1) The total maximum assistance rate is equal to the base
212.9 assistance rate plus, if applicable, the supplemental assistance
212.10 rate.
212.11 (i) The base assistance rate is equal to the maximum amount
212.12 that could be received as basic maintenance for a child of the
212.13 same age under the adoption assistance program.
212.14 (ii) The local agency shall determine whether the child has
212.15 physical, mental, emotional, or behavioral disabilities that
212.16 require care, supervision, or structure beyond that ordinarily
212.17 provided in a family setting to children of the same age such
212.18 that the child would be eligible for supplemental maintenance
212.19 payments under the adoption assistance program if an adoption
212.20 assistance agreement were entered on the child's behalf. If the
212.21 local agency determines that the child has such a disability,
212.22 the supplemental assistance rate shall be the maximum amount of
212.23 monthly supplemental maintenance payment that could be received
212.24 on behalf of a child of the same age, disabilities, and
212.25 circumstances under the adoption assistance program.
212.26 (2) The net maximum assistance rate is equal to the total
212.27 maximum assistance rate from clause (1) less the following
212.28 offsets:
212.29 (i) if the child is or will be part of an assistance unit
212.30 receiving an AFDC, MFIP-S, or other MFIP grant, the portion of
212.31 the AFDC or MFIP standard relating to the child;
212.32 (ii) Supplemental Security Income payments received by or
212.33 on behalf of the child;
212.34 (iii) veteran's benefits received by or on behalf of the
212.35 child; and
212.36 (iv) any other income of the child, including child support
213.1 payments made on behalf of the child.
213.2 (3) The relative custody assistance payment to be made to
213.3 the relative custodian shall be a percentage of the net maximum
213.4 assistance rate calculated in clause (2) based upon the gross
213.5 income of the relative custodian's family, including the child
213.6 for whom the relative has permanent legal and physical custody.
213.7 In no case shall the amount of the relative custody assistance
213.8 payment exceed that which the child could qualify for under the
213.9 adoption assistance program if an adoption assistance agreement
213.10 were entered on the child's behalf. The relative custody
213.11 assistance payment shall be calculated as follows:
213.12 (i) if the relative custodian's gross family income is less
213.13 than or equal to 200 percent of federal poverty guidelines, the
213.14 relative custody assistance payment shall be the full amount of
213.15 the net maximum assistance rate;
213.16 (ii) if the relative custodian's gross family income is
213.17 greater than 200 percent and less than or equal to 225 percent
213.18 of federal poverty guidelines, the relative custody assistance
213.19 payment shall be 80 percent of the net maximum assistance rate;
213.20 (iii) if the relative custodian's gross family income is
213.21 greater than 225 percent and less than or equal to 250 percent
213.22 of federal poverty guidelines, the relative custody assistance
213.23 payment shall be 60 percent of the net maximum assistance rate;
213.24 (iv) if the relative custodian's gross family income is
213.25 greater than 250 percent and less than or equal to 275 percent
213.26 of federal poverty guidelines, the relative custody assistance
213.27 payment shall be 40 percent of the net maximum assistance rate;
213.28 (v) if the relative custodian's gross family income is
213.29 greater than 275 percent and less than or equal to 300 percent
213.30 of federal poverty guidelines, the relative custody assistance
213.31 payment shall be 20 percent of the net maximum assistance rate;
213.32 or
213.33 (vi) if the relative custodian's gross family income is
213.34 greater than 300 percent of federal poverty guidelines, no
213.35 relative custody assistance payment shall be made.
213.36 (b) This paragraph specifies the provisions pertaining to
214.1 the relationship between relative custody assistance and AFDC,
214.2 MFIP-S, or other MFIP programs:
214.3 (1) the relative custodian of a child for whom the relative
214.4 is receiving relative custody assistance is expected to seek
214.5 whatever assistance is available for the child through the AFDC,
214.6 MFIP-S, or other MFIP programs. If a relative custodian fails
214.7 to apply for assistance through AFDC, MFIP-S, or other MFIP
214.8 program for which the child is eligible, the child's portion of
214.9 the AFDC or MFIP standard will be calculated as if application
214.10 had been made and assistance received;
214.11 (2) the portion of the AFDC or MFIP standard relating to
214.12 each child for whom relative custody assistance is being
214.13 received shall be calculated as follows:
214.14 (i) determine the total AFDC or MFIP standard for the
214.15 assistance unit;
214.16 (ii) determine the amount that the AFDC or MFIP standard
214.17 would have been if the assistance unit had not included the
214.18 children for whom relative custody assistance is being received;
214.19 (iii) subtract the amount determined in item (ii) from the
214.20 amount determined in item (i); and
214.21 (iv) divide the result in item (iii) by the number of
214.22 children for whom relative custody assistance is being received
214.23 that are part of the assistance unit; or
214.24 (3) if a child for whom relative custody assistance is
214.25 being received is not eligible for assistance through the AFDC,
214.26 MFIP-S, or other MFIP programs, the portion of AFDC or MFIP
214.27 standard relating to that child shall be equal to zero.
214.28 Subd. 8. [ANNUAL AFFIDAVIT.] When a relative custody
214.29 assistance agreement remains in effect for more than one year,
214.30 the local agency shall require the relative custodian to
214.31 annually submit an affidavit in a form to be specified by the
214.32 commissioner. The affidavit must be submitted to the local
214.33 agency each year no later than 30 days after the relative
214.34 custody assistance agreement's anniversary date. The affidavit
214.35 shall document the following:
214.36 (1) that the child remains in the physical custody of the
215.1 relative custodian;
215.2 (2) that there is a continuing need for the relative
215.3 custody assistance payments due to the child's physical, mental,
215.4 emotional, or behavioral needs; and
215.5 (3) the current gross income of the relative custodian's
215.6 family.
215.7 The relative custody assistance agreement may be modified
215.8 based on information or documentation presented to the local
215.9 agency under this requirement and as required by annual
215.10 adjustments to the federal poverty guidelines.
215.11 Subd. 9. [RIGHT OF APPEAL.] A relative custodian who
215.12 enters into a relative custody assistance agreement with a local
215.13 agency has the right to appeal to the commissioner according to
215.14 section 256.045 when the local agency establishes, denies,
215.15 terminates, or modifies the agreement. Upon appeal, the
215.16 commissioner may review only:
215.17 (1) whether the local agency has met the legal requirements
215.18 imposed by this chapter for establishing, denying, terminating,
215.19 or modifying the agreement;
215.20 (2) whether the amount of the relative custody assistance
215.21 payment was correctly calculated under the method in subdivision
215.22 7;
215.23 (3) whether the local agency paid for correct time periods
215.24 under the relative custody assistance agreement;
215.25 (4) whether the child remains in the physical custody of
215.26 the relative custodian;
215.27 (5) whether the local agency correctly calculated the
215.28 amount of the supplemental assistance rate based on a change in
215.29 the child's physical, mental, emotional, or behavioral needs,
215.30 the relative custodian's failure to document the continuing need
215.31 for the supplemental assistance rate after the local agency has
215.32 requested such documentation; and
215.33 (6) whether the local agency correctly calculated or
215.34 terminated the amount of relative custody assistance based on
215.35 the relative custodian's failure to provide documentation of the
215.36 gross income of the relative custodian's family after the local
216.1 agency has requested such documentation.
216.2 Subd. 10. [CHILD'S COUNTY OF RESIDENCE.] For the purposes
216.3 of the unitary residency act under chapter 256G, time spent by a
216.4 child in the custody of a relative custodian receiving payments
216.5 under this section is not excluded time. A child is a resident
216.6 of the county where the relative custodian is a resident.
216.7 Subd. 11. [FINANCIAL CONSIDERATIONS.] (a) Payment of
216.8 relative custody assistance under a relative custody assistance
216.9 agreement is subject to the availability of state funds and
216.10 payments may be reduced or suspended on order of the
216.11 commissioner if insufficient funds are available.
216.12 (b) Upon receipt from a local agency of a claim for
216.13 reimbursement, the commissioner shall reimburse the local agency
216.14 in an amount equal to 100 percent of the relative custody
216.15 assistance payments provided to relative custodians. The local
216.16 agency may not seek and the commissioner shall not provide
216.17 reimbursement for the administrative costs associated with
216.18 performing the duties described in subdivision 4.
216.19 (c) For the purposes of determining eligibility or payment
216.20 amounts under the AFDC, MFIP-S, and other MFIP programs,
216.21 relative custody assistance payments shall be considered
216.22 excluded income.
216.23 Sec. 22. Minnesota Statutes 1996, section 393.07,
216.24 subdivision 2, is amended to read:
216.25 Subd. 2. [ADMINISTRATION OF PUBLIC WELFARE.] The local
216.26 social services agency, subject to the supervision of the
216.27 commissioner of human services, shall administer all forms of
216.28 public welfare, both for children and adults, responsibility for
216.29 which now or hereafter may be imposed on the commissioner of
216.30 human services by law, including general assistance, aid to
216.31 dependent children, county supplementation, if any, or state aid
216.32 to recipients of supplemental security income for aged, blind
216.33 and disabled, child welfare services, mental health services,
216.34 and other public assistance or public welfare services, provided
216.35 that the local social services agency shall not employ public
216.36 health nursing or home health service personnel other than
217.1 homemaker-home help aides, but shall contract for or purchase
217.2 the necessary services from existing community agencies. The
217.3 duties of the local social services agency shall be performed in
217.4 accordance with the standards and rules which may be promulgated
217.5 by the commissioner of human services to achieve the purposes
217.6 intended by law and in order to comply with the requirements of
217.7 the federal Social Security Act in respect to public assistance
217.8 and child welfare services, so that the state may qualify for
217.9 grants-in-aid available under that act. To avoid administrative
217.10 penalties under section 256.017, the local social services
217.11 agency must comply with (1) policies established by state law
217.12 and (2) instructions from the commissioner relating (i) to
217.13 public assistance program policies consistent with federal law
217.14 and regulation and state law and rule and (ii) to local agency
217.15 program operations. The commissioner may enforce local social
217.16 services agency compliance with the instructions, and may delay,
217.17 withhold, or deny payment of all or part of the state and
217.18 federal share of benefits and federal administrative
217.19 reimbursement, according to the provisions under section
217.20 256.017. The local social services agency shall supervise wards
217.21 of the commissioner and, when so designated, act as agent of the
217.22 commissioner of human services in the placement of the
217.23 commissioner's wards in adoptive homes or in other foster care
217.24 facilities. The local social services agency shall cooperate as
217.25 needed when the commissioner contracts with a licensed child
217.26 placement agency for adoption services for a child under the
217.27 commissioner's guardianship. The local social services agency
217.28 may contract with a bank or other financial institution to
217.29 provide services associated with the processing of public
217.30 assistance checks and pay a service fee for these services,
217.31 provided the fee charged does not exceed the fee charged to
217.32 other customers of the institution for similar services.
217.33 Sec. 23. Minnesota Statutes 1996, section 466.01,
217.34 subdivision 1, is amended to read:
217.35 Subdivision 1. [MUNICIPALITY.] For the purposes of
217.36 sections 466.01 to 466.15, "municipality" means any city,
218.1 whether organized under home rule charter or otherwise, any
218.2 county, town, public authority, public corporation, nonprofit
218.3 firefighting corporation that has associated with it a relief
218.4 association as defined in section 424A.001, subdivision 4,
218.5 special district, school district, however organized, county
218.6 agricultural society organized pursuant to chapter 38, joint
218.7 powers board or organization created under section 471.59 or
218.8 other statute, public library, regional public library system,
218.9 multicounty multitype library system, family services
218.10 collaborative established under section 121.8355, children's
218.11 mental health collaboratives established under sections 245.491
218.12 to 245.496, or a collaborative established by the merger of a
218.13 children's mental health collaborative and a family services
218.14 collaborative, other political subdivision, or community action
218.15 agency.
218.16 Sec. 24. Minnesota Statutes 1996, section 471.59,
218.17 subdivision 11, is amended to read:
218.18 Subd. 11. [JOINT POWERS BOARD.] (a) Two or more
218.19 governmental units, through action of their governing bodies, by
218.20 adoption of a joint powers agreement that complies with the
218.21 provisions of subdivisions 1 to 5, may establish a joint board
218.22 to issue bonds or obligations under any law by which any of the
218.23 governmental units establishing the joint board may
218.24 independently issue bonds or obligations and may use the
218.25 proceeds of the bonds or obligations to carry out the purposes
218.26 of the law under which the bonds or obligations are issued. A
218.27 joint board established under this section may issue obligations
218.28 and other forms of indebtedness only in accordance with express
218.29 authority granted by the action of the governing bodies of the
218.30 governmental units that established the joint board. Except as
218.31 provided in paragraph (b), the joint board established under
218.32 this subdivision must be composed solely of members of the
218.33 governing bodies of the governmental unit that established the
218.34 joint board. A joint board established under this subdivision
218.35 may not pledge the full faith and credit or taxing power of any
218.36 of the governmental units that established the joint board. The
219.1 obligations or other forms of indebtedness must be obligations
219.2 of the joint board issued on behalf of the governmental units
219.3 creating the joint board. The obligations or other forms of
219.4 indebtedness must be issued in the same manner and subject to
219.5 the same conditions and limitations that would apply if the
219.6 obligations were issued or indebtedness incurred by one of the
219.7 governmental units that established the joint board, provided
219.8 that any reference to a governmental unit in the statute, law,
219.9 or charter provision authorizing the issuance of the bonds or
219.10 the incurring of the indebtedness is considered a reference to
219.11 the joint board.
219.12 (b) Notwithstanding paragraph (a), one school district, one
219.13 county, and one public health entity, through action of their
219.14 governing bodies, may establish a joint board to establish and
219.15 govern a family services collaborative under section 121.8355.
219.16 The school district, county, and public health entity may
219.17 include other governmental entities at their discretion. The
219.18 membership of a board established under this paragraph, in
219.19 addition to members of the governing bodies of the participating
219.20 governmental units, must include the representation required by
219.21 section 121.8355, subdivision 1, paragraph (a), selected in
219.22 accordance with section 121.8355, subdivision 1, paragraph (c).
219.23 (c) Notwithstanding paragraph (a), counties, school
219.24 districts, and mental health entities, through action of their
219.25 governing bodies, may establish a joint board to establish and
219.26 govern a children's mental health collaborative under sections
219.27 245.491 to 245.496, or a collaborative established by the merger
219.28 of a children's mental health collaborative and a family
219.29 services collaborative under section 121.8355. The county,
219.30 school district, and mental health entities may include other
219.31 entities at their discretion. The membership of a board
219.32 established under this paragraph, in addition to members of the
219.33 governing bodies of the participating governmental units, must
219.34 include the representation provided by section 245.493,
219.35 subdivision 1.
219.36 Sec. 25. Minnesota Statutes 1996, section 626.556,
220.1 subdivision 10b, is amended to read:
220.2 Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A
220.3 FACILITY.] (a) The commissioner shall immediately investigate if
220.4 the report alleges that:
220.5 (1) a child who is in the care of a facility as defined in
220.6 subdivision 2 is neglected, physically abused, or sexually
220.7 abused by an individual in that facility, or has been so
220.8 neglected or abused by an individual in that facility within the
220.9 three years preceding the report; or
220.10 (2) a child was neglected, physically abused, or sexually
220.11 abused by an individual in a facility defined in subdivision 2,
220.12 while in the care of that facility within the three years
220.13 preceding the report.
220.14 The commissioner shall arrange for the transmittal to the
220.15 commissioner of reports received by local agencies and may
220.16 delegate to a local welfare agency the duty to investigate
220.17 reports. In conducting an investigation under this section, the
220.18 commissioner has the powers and duties specified for local
220.19 welfare agencies under this section. The commissioner or local
220.20 welfare agency may interview any children who are or have been
220.21 in the care of a facility under investigation and their parents,
220.22 guardians, or legal custodians.
220.23 (b) Prior to any interview, the commissioner or local
220.24 welfare agency shall notify the parent, guardian, or legal
220.25 custodian of a child who will be interviewed in the manner
220.26 provided for in subdivision 10d, paragraph (a). If reasonable
220.27 efforts to reach the parent, guardian, or legal custodian of a
220.28 child in an out-of-home placement have failed, the child may be
220.29 interviewed if there is reason to believe the interview is
220.30 necessary to protect the child or other children in the
220.31 facility. The commissioner or local agency must provide the
220.32 information required in this subdivision to the parent,
220.33 guardian, or legal custodian of a child interviewed without
220.34 parental notification as soon as possible after the interview.
220.35 When the investigation is completed, any parent, guardian, or
220.36 legal custodian notified under this subdivision shall receive
221.1 the written memorandum provided for in subdivision 10d,
221.2 paragraph (c).
221.3 (c) In conducting investigations under this subdivision the
221.4 commissioner or local welfare agency shall obtain access to
221.5 information consistent with subdivision 10, paragraphs (h), (i),
221.6 and (j).
221.7 (d) Except for foster care and family child care, the
221.8 commissioner has the primary responsibility for the
221.9 investigations and notifications required under subdivisions 10d
221.10 and 10f for reports that allege maltreatment related to the care
221.11 provided by or in facilities licensed by the commissioner. The
221.12 commissioner may request assistance from the local social
221.13 service agency.
221.14 Sec. 26. Minnesota Statutes 1996, section 626.556,
221.15 subdivision 10d, is amended to read:
221.16 Subd. 10d. [NOTIFICATION OF NEGLECT OR ABUSE IN A
221.17 FACILITY.] (a) When a report is received that alleges neglect,
221.18 physical abuse, or sexual abuse of a child while in the care of
221.19 a facility required to be licensed pursuant to sections 245A.01
221.20 to 245A.16 chapter 245A, the commissioner or local welfare
221.21 agency investigating the report shall provide the following
221.22 information to the parent, guardian, or legal custodian of a
221.23 child alleged to have been neglected, physically abused, or
221.24 sexually abused: the name of the facility; the fact that a
221.25 report alleging neglect, physical abuse, or sexual abuse of a
221.26 child in the facility has been received; the nature of the
221.27 alleged neglect, physical abuse, or sexual abuse; that the
221.28 agency is conducting an investigation; any protective or
221.29 corrective measures being taken pending the outcome of the
221.30 investigation; and that a written memorandum will be provided
221.31 when the investigation is completed.
221.32 (b) The commissioner or local welfare agency may also
221.33 provide the information in paragraph (a) to the parent,
221.34 guardian, or legal custodian of any other child in the facility
221.35 if the investigative agency knows or has reason to believe the
221.36 alleged neglect, physical abuse, or sexual abuse has occurred.
222.1 In determining whether to exercise this authority, the
222.2 commissioner or local welfare agency shall consider the
222.3 seriousness of the alleged neglect, physical abuse, or sexual
222.4 abuse; the number of children allegedly neglected, physically
222.5 abused, or sexually abused; the number of alleged perpetrators;
222.6 and the length of the investigation. The facility shall be
222.7 notified whenever this discretion is exercised.
222.8 (c) When the commissioner or local welfare agency has
222.9 completed its investigation, every parent, guardian, or legal
222.10 custodian notified of the investigation by the commissioner or
222.11 local welfare agency shall be provided with the following
222.12 information in a written memorandum: the name of the facility
222.13 investigated; the nature of the alleged neglect, physical abuse,
222.14 or sexual abuse; the investigator's name; a summary of the
222.15 investigation findings; a statement whether maltreatment was
222.16 found; and the protective or corrective measures that are being
222.17 or will be taken. The memorandum shall be written in a manner
222.18 that protects the identity of the reporter and the child and
222.19 shall not contain the name, or to the extent possible, reveal
222.20 the identity of the alleged perpetrator or of those interviewed
222.21 during the investigation. The commissioner or local welfare
222.22 agency shall also provide the written memorandum to the parent,
222.23 guardian, or legal custodian of each child in the facility if
222.24 maltreatment is determined to exist.
222.25 Sec. 27. Minnesota Statutes 1996, section 626.556,
222.26 subdivision 10e, is amended to read:
222.27 Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every
222.28 assessment or investigation it conducts, the local welfare
222.29 agency shall make two determinations: first, whether
222.30 maltreatment has occurred; and second, whether child protective
222.31 services are needed. When maltreatment is determined in an
222.32 investigation involving a facility, the investigating agency
222.33 shall also determine whether the facility or individual was
222.34 responsible for the maltreatment using the mitigating factors in
222.35 paragraph (d). Determinations under this subdivision must be
222.36 made based on a preponderance of the evidence.
223.1 (a) For the purposes of this subdivision, "maltreatment"
223.2 means any of the following acts or omissions committed by a
223.3 person responsible for the child's care:
223.4 (1) physical abuse as defined in subdivision 2, paragraph
223.5 (d);
223.6 (2) neglect as defined in subdivision 2, paragraph (c);
223.7 (3) sexual abuse as defined in subdivision 2, paragraph
223.8 (a); or
223.9 (4) mental injury as defined in subdivision 2, paragraph
223.10 (k).
223.11 (b) For the purposes of this subdivision, a determination
223.12 that child protective services are needed means that the local
223.13 welfare agency has documented conditions during the assessment
223.14 or investigation sufficient to cause a child protection worker,
223.15 as defined in section 626.559, subdivision 1, to conclude that a
223.16 child is at significant risk of maltreatment if protective
223.17 intervention is not provided and that the individuals
223.18 responsible for the child's care have not taken or are not
223.19 likely to take actions to protect the child from maltreatment or
223.20 risk of maltreatment.
223.21 (c) This subdivision does not mean that maltreatment has
223.22 occurred solely because the child's parent, guardian, or other
223.23 person responsible for the child's care in good faith selects
223.24 and depends upon spiritual means or prayer for treatment or care
223.25 of disease or remedial care of the child, in lieu of medical
223.26 care. However, if lack of medical care may result in serious
223.27 danger to the child's health, the local welfare agency may
223.28 ensure that necessary medical services are provided to the child.
223.29 (d) When determining whether the facility or individual is
223.30 the responsible party for determined maltreatment in a facility,
223.31 the investigating agency shall consider at least the following
223.32 mitigating factors:
223.33 (1) whether the actions of the facility or the individual
223.34 caregivers were according to, and followed the terms of, an
223.35 erroneous physician order, prescription, individual care plan,
223.36 or directive; however, this is not a mitigating factor when the
224.1 facility or caregiver was responsible for the issuance of the
224.2 erroneous order, prescription, individual care plan, or
224.3 directive or knew or should have known of the errors and took no
224.4 reasonable measures to correct the defect before administering
224.5 care;
224.6 (2) comparative responsibility between the facility, other
224.7 caregivers, and requirements placed upon an employee, including
224.8 the facility's compliance with related regulatory standards and
224.9 the adequacy of facility policies and procedures, facility
224.10 training, an individual's participation in the training, the
224.11 caregiver's supervision, and facility staffing levels and the
224.12 scope of the individual employee's authority and discretion; and
224.13 (3) whether the facility or individual followed
224.14 professional standards in exercising professional judgment.
224.15 Sec. 28. Minnesota Statutes 1996, section 626.556,
224.16 subdivision 10f, is amended to read:
224.17 Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working
224.18 days of the conclusion of an assessment, the local welfare
224.19 agency shall notify the parent or guardian of the child, the
224.20 person determined to be maltreating the child, and if
224.21 applicable, the director of the facility, of the determination
224.22 and a summary of the specific reasons for the determination.
224.23 The notice must also include a certification that the
224.24 information collection procedures under subdivision 10,
224.25 paragraphs (h), (i), and (j), were followed and a notice of the
224.26 right of a data subject to obtain access to other private data
224.27 on the subject collected, created, or maintained under this
224.28 section. In addition, the notice shall include the length of
224.29 time that the records will be kept under subdivision 11c. When
224.30 there is no determination of either maltreatment or a need for
224.31 services, the notice shall also include the alleged
224.32 perpetrator's right to have the records destroyed. The
224.33 investigating agency shall notify the designee of the child who
224.34 is the subject of the report, and any person or facility
224.35 determined to have maltreated a child, of their appeal rights
224.36 under this section.
225.1 Sec. 29. Minnesota Statutes 1996, section 626.556, is
225.2 amended by adding a subdivision to read:
225.3 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF THE FINAL
225.4 DETERMINATION OF MALTREATMENT.] (a) An individual or facility
225.5 that the commissioner or a local social service agency
225.6 determines has maltreated a child, or the child's designee,
225.7 regardless of the determination, who contests the investigating
225.8 agency's final determination regarding maltreatment, may request
225.9 the investigating agency to reconsider its final determination
225.10 regarding maltreatment. The request for reconsideration must be
225.11 submitted in writing to the investigating agency within 15
225.12 calendar days after receipt of notice of the final determination
225.13 regarding maltreatment.
225.14 (b) If the investigating agency denies the request or fails
225.15 to act upon the request within 15 calendar days after receiving
225.16 the request for reconsideration, the person or facility entitled
225.17 to a fair hearing under section 256.045 may submit to the
225.18 commissioner of human services a written request for a hearing
225.19 under that section.
225.20 (c) If, as a result of the reconsideration, the
225.21 investigating agency changes the final determination of
225.22 maltreatment, that agency shall notify the parties specified in
225.23 subdivisions 10b, 10d, and 10f.
225.24 Sec. 30. Minnesota Statutes 1996, section 626.556,
225.25 subdivision 11c, is amended to read:
225.26 Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL
225.27 RECORDS MAINTAINED.] Notwithstanding sections 138.163 and
225.28 138.17, records maintained or records derived from reports of
225.29 abuse by local welfare agencies, court services agencies, or
225.30 schools under this section shall be destroyed as provided in
225.31 paragraphs (a) to (d) by the responsible authority.
225.32 (a) If upon assessment or investigation there is no
225.33 determination of maltreatment or the need for child protective
225.34 services, the records may be maintained for a period of four
225.35 years. After the individual alleged to have maltreated a child
225.36 is notified under subdivision 10f of the determinations at the
226.1 conclusion of the assessment or investigation, upon that
226.2 individual's request, records shall be destroyed within 30
226.3 days or after the appeal rights under subdivision 10i have been
226.4 concluded, whichever is later.
226.5 (b) All records relating to reports which, upon assessment
226.6 or investigation, indicate either maltreatment or a need for
226.7 child protective services shall be maintained for at least ten
226.8 years after the date of the final entry in the case record.
226.9 (c) All records regarding a report of maltreatment,
226.10 including any notification of intent to interview which was
226.11 received by a school under subdivision 10, paragraph (d), shall
226.12 be destroyed by the school when ordered to do so by the agency
226.13 conducting the assessment or investigation. The agency shall
226.14 order the destruction of the notification when other records
226.15 relating to the report under investigation or assessment are
226.16 destroyed under this subdivision.
226.17 (d) Private or confidential data released to a court
226.18 services agency under subdivision 10h must be destroyed by the
226.19 court services agency when ordered to do so by the local welfare
226.20 agency that released the data. The local welfare agency shall
226.21 order destruction of the data when other records relating to the
226.22 assessment or investigation are destroyed under this subdivision.
226.23 Sec. 31. Minnesota Statutes 1996, section 626.558,
226.24 subdivision 1, is amended to read:
226.25 Subdivision 1. [ESTABLISHMENT OF THE TEAM.] A county shall
226.26 establish a multidisciplinary child protection team that may
226.27 include, but not be limited to, the director of the local
226.28 welfare agency or designees, the county attorney or designees,
226.29 the county sheriff or designees, representatives of health and
226.30 education, representatives of mental health or other appropriate
226.31 human service or community-based agencies, and parent groups.
226.32 As used in this section, a "community-based agency" may include,
226.33 but is not limited to, schools, social service agencies, family
226.34 service and mental health collaboratives, early childhood and
226.35 family education programs, Head Start, or other agencies serving
226.36 children and families.
227.1 Sec. 32. Minnesota Statutes 1996, section 626.558,
227.2 subdivision 2, is amended to read:
227.3 Subd. 2. [DUTIES OF TEAM.] A multidisciplinary child
227.4 protection team may provide public and professional education,
227.5 develop resources for prevention, intervention, and treatment,
227.6 and provide case consultation to the local welfare agency to
227.7 better enable the agency to carry out its child protection
227.8 functions under section 626.556 and the community social
227.9 services act. or other interested community-based agencies. The
227.10 community-based agencies may request case consultation from the
227.11 multidisciplinary child protection team regarding a child or
227.12 family for whom the community-based agency is providing
227.13 services. As used in this section, "case consultation" means a
227.14 case review process in which recommendations are made concerning
227.15 services to be provided to the identified children and family.
227.16 Case consultation may be performed by a committee or
227.17 subcommittee of members representing human services, including
227.18 mental health and chemical dependency; law enforcement,
227.19 including probation and parole; the county attorney; health
227.20 care; education; community-based agencies and other necessary
227.21 agencies; and persons directly involved in an individual case as
227.22 designated by other members performing case consultation.
227.23 Sec. 33. Minnesota Statutes 1996, section 626.559,
227.24 subdivision 5, is amended to read:
227.25 Subd. 5. [TRAINING REVENUE.] The commissioner of human
227.26 services shall add the following funds to the funds appropriated
227.27 under section 626.5591, subdivision 2, to develop and support
227.28 training:
227.29 (a) The commissioner of human services shall submit claims
227.30 for federal reimbursement earned through the activities and
227.31 services supported through department of human services child
227.32 protection or child welfare training funds. Federal revenue
227.33 earned must be used to improve and expand training services by
227.34 the department. The department expenditures eligible for
227.35 federal reimbursement under this section must not be made from
227.36 federal funds or funds used to match other federal funds.
228.1 (b) Each year, the commissioner of human services shall
228.2 withhold from funds distributed to each county under Minnesota
228.3 Rules, parts 9550.0300 to 9550.0370, an amount equivalent to 1.5
228.4 percent of each county's annual Title XX allocation under
228.5 section 256E.07. The commissioner must use these funds to
228.6 ensure decentralization of training.
228.7 (c) The federal revenue earned under this subdivision is
228.8 available for these purposes until the funds are expended.
228.9 Sec. 34. [EVALUATION REPORT REQUIRED.]
228.10 The commissioner shall report the results of the evaluation
228.11 required under section 5 to the chairs of the house of
228.12 representatives and senate health and human services policy
228.13 committees by January 15, 1999.
228.14 Sec. 35. [UNIFORM CONTRIBUTION SCHEDULE FOR OUT-OF-HOME
228.15 PLACEMENT; REPORT.]
228.16 The commissioner of human services shall prepare
228.17 recommendations and report to the 1998 legislature regarding a
228.18 uniform relative contribution schedule to reimburse costs
228.19 associated with out-of-home placement. The commissioner shall
228.20 use the child support guidelines in Minnesota Statutes, chapter
228.21 518, as the basis for the uniform contribution schedule. The
228.22 recommendations and report are due December 1, 1997.
228.23 Sec. 36. [MALTREATMENT OF MINORS ADVISORY COMMITTEE.]
228.24 The commissioner of human services, with the cooperation of
228.25 the commissioners of health and children, families, and learning
228.26 and the attorney general, shall establish an advisory committee
228.27 to review the Maltreatment of Minors Act, Minnesota Statutes,
228.28 section 626.556, to determine whether existing state policy and
228.29 procedures for protecting children who are at risk of
228.30 maltreatment in the home, school, or community are effective.
228.31 The committee shall include consumers, advocacy and
228.32 provider organizations, county practitioners and administrators,
228.33 school districts, law enforcement agencies, communities of
228.34 color, professional associations, labor organizations, office of
228.35 the ombudsman for mental health and mental retardation, and the
228.36 commissioners of health, human services, and children, families,
229.1 and learning.
229.2 In making recommendations, the advisory committee shall
229.3 review all services and protections available under existing
229.4 state and federal laws with the focus on eliminating duplication
229.5 of effort among various local, state, and federal agencies and
229.6 minimizing possible conflicts of interest by establishing a
229.7 statewide process of coordination of responsibilities. The
229.8 advisory committee shall submit a report to the legislature by
229.9 February 15, 1998, that includes a detailed plan with specific
229.10 law, rule, or administrative procedure changes to implement the
229.11 recommendations.
229.12 Sec. 37. [TRANSFER TO COMMISSIONER OF CHILDREN, FAMILIES,
229.13 AND LEARNING; REVISOR INSTRUCTION.]
229.14 Effective July 1, 1997, all duties and funding related to
229.15 family visitation centers under Minnesota Statutes, section
229.16 256F.09, are transferred to the commissioner of children,
229.17 families, and learning. In the next edition of Minnesota
229.18 Statutes, the revisor of statutes shall renumber Minnesota
229.19 Statutes, section 256F.09, in Minnesota Statutes, chapter 119A.
229.20 Sec. 38. [REPEALER.]
229.21 Minnesota Statutes 1996, section 256F.05, subdivisions 5
229.22 and 7, are repealed.
229.23 ARTICLE 6
229.24 CHILD SUPPORT ENFORCEMENT
229.25 Section 1. Minnesota Statutes 1996, section 13.46,
229.26 subdivision 2, is amended to read:
229.27 Subd. 2. [GENERAL.] (a) Unless the data is summary data or
229.28 a statute specifically provides a different classification, data
229.29 on individuals collected, maintained, used, or disseminated by
229.30 the welfare system is private data on individuals, and shall not
229.31 be disclosed except:
229.32 (1) pursuant to section 13.05;
229.33 (2) pursuant to court order;
229.34 (3) pursuant to a statute specifically authorizing access
229.35 to the private data;
229.36 (4) to an agent of the welfare system, including a law
230.1 enforcement person, attorney, or investigator acting for it in
230.2 the investigation or prosecution of a criminal or civil
230.3 proceeding relating to the administration of a program;
230.4 (5) to personnel of the welfare system who require the data
230.5 to determine eligibility, amount of assistance, and the need to
230.6 provide services of additional programs to the individual;
230.7 (6) to administer federal funds or programs;
230.8 (7) between personnel of the welfare system working in the
230.9 same program;
230.10 (8) the amounts of cash public assistance and relief paid
230.11 to welfare recipients in this state, including their names,
230.12 social security numbers, income, addresses, and other data as
230.13 required, upon request by the department of revenue to
230.14 administer the property tax refund law, supplemental housing
230.15 allowance, early refund of refundable tax credits, and the
230.16 income tax. "Refundable tax credits" means the dependent care
230.17 credit under section 290.067, the Minnesota working family
230.18 credit under section 290.0671, the property tax refund under
230.19 section 290A.04, and, if the required federal waiver or waivers
230.20 are granted, the federal earned income tax credit under section
230.21 32 of the Internal Revenue Code;
230.22 (9) to the Minnesota department of economic security for
230.23 the purpose of monitoring the eligibility of the data subject
230.24 for reemployment insurance, for any employment or training
230.25 program administered, supervised, or certified by that agency,
230.26 or for the purpose of administering any rehabilitation program,
230.27 whether alone or in conjunction with the welfare system, and to
230.28 verify receipt of energy assistance for the telephone assistance
230.29 plan;
230.30 (10) to appropriate parties in connection with an emergency
230.31 if knowledge of the information is necessary to protect the
230.32 health or safety of the individual or other individuals or
230.33 persons;
230.34 (11) data maintained by residential programs as defined in
230.35 section 245A.02 may be disclosed to the protection and advocacy
230.36 system established in this state pursuant to Part C of Public
231.1 Law Number 98-527 to protect the legal and human rights of
231.2 persons with mental retardation or other related conditions who
231.3 live in residential facilities for these persons if the
231.4 protection and advocacy system receives a complaint by or on
231.5 behalf of that person and the person does not have a legal
231.6 guardian or the state or a designee of the state is the legal
231.7 guardian of the person;
231.8 (12) to the county medical examiner or the county coroner
231.9 for identifying or locating relatives or friends of a deceased
231.10 person;
231.11 (13) data on a child support obligor who makes payments to
231.12 the public agency may be disclosed to the higher education
231.13 services office to the extent necessary to determine eligibility
231.14 under section 136A.121, subdivision 2, clause (5);
231.15 (14) participant social security numbers and names
231.16 collected by the telephone assistance program may be disclosed
231.17 to the department of revenue to conduct an electronic data match
231.18 with the property tax refund database to determine eligibility
231.19 under section 237.70, subdivision 4a;
231.20 (15) the current address of a recipient of aid to families
231.21 with dependent children may be disclosed to law enforcement
231.22 officers who provide the name and social security number of the
231.23 recipient and satisfactorily demonstrate that: (i) the
231.24 recipient is a fugitive felon, including the grounds for this
231.25 determination; (ii) the location or apprehension of the felon is
231.26 within the law enforcement officer's official duties; and (iii)
231.27 the request is made in writing and in the proper exercise of
231.28 those duties;
231.29 (16) the current address of a recipient of general
231.30 assistance, work readiness, or general assistance medical care
231.31 may be disclosed to probation officers and corrections agents
231.32 who are supervising the recipient, and to law enforcement
231.33 officers who are investigating the recipient in connection with
231.34 a felony level offense;
231.35 (17) information obtained from food stamp applicant or
231.36 recipient households may be disclosed to local, state, or
232.1 federal law enforcement officials, upon their written request,
232.2 for the purpose of investigating an alleged violation of the
232.3 food stamp act, in accordance with Code of Federal Regulations,
232.4 title 7, section 272.1(c);
232.5 (18) data on a certain information regarding child support
232.6 obligor obligors who is are in arrears may be disclosed for
232.7 purposes of publishing the data pursuant made public according
232.8 to section 518.575;
232.9 (19) data on child support payments made by a child support
232.10 obligor, data on the enforcement actions undertaken by the
232.11 public authority and the status of those actions, and data on
232.12 the income of the obligor or obligee may be disclosed to the
232.13 obligee other party;
232.14 (20) data in the work reporting system may be disclosed
232.15 under section 256.998, subdivision 7;
232.16 (21) to the department of children, families, and learning
232.17 for the purpose of matching department of children, families,
232.18 and learning student data with public assistance data to
232.19 determine students eligible for free and reduced price meals,
232.20 meal supplements, and free milk pursuant to United States Code,
232.21 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
232.22 produce accurate numbers of students receiving aid to families
232.23 with dependent children as required by section 124.175; and to
232.24 allocate federal and state funds that are distributed based on
232.25 income of the student's family; or
232.26 (22) the current address and telephone number of program
232.27 recipients and emergency contacts may be released to the
232.28 commissioner of health or a local board of health as defined in
232.29 section 145A.02, subdivision 2, when the commissioner or local
232.30 board of health has reason to believe that a program recipient
232.31 is a disease case, carrier, suspect case, or at risk of illness,
232.32 and the data are necessary to locate the person; or
232.33 (23) to other state agencies, statewide systems, and
232.34 political subdivisions of this state, including the attorney
232.35 general, and agencies of other states, interstate information
232.36 networks, federal agencies, and other entities as required by
233.1 federal regulation or law for the administration of the child
233.2 support enforcement program.
233.3 (b) Information on persons who have been treated for drug
233.4 or alcohol abuse may only be disclosed in accordance with the
233.5 requirements of Code of Federal Regulations, title 42, sections
233.6 2.1 to 2.67.
233.7 (c) Data provided to law enforcement agencies under
233.8 paragraph (a), clause (15), (16), or (17), or paragraph (b), are
233.9 investigative data and are confidential or protected nonpublic
233.10 while the investigation is active. The data are private after
233.11 the investigation becomes inactive under section 13.82,
233.12 subdivision 5, paragraph (a) or (b).
233.13 (d) Mental health data shall be treated as provided in
233.14 subdivisions 7, 8, and 9, but is not subject to the access
233.15 provisions of subdivision 10, paragraph (b).
233.16 Sec. 2. Minnesota Statutes 1996, section 13.99, is amended
233.17 by adding a subdivision to read:
233.18 Subd. 101d. [CHILD SUPPORT PARTIES.] Certain data
233.19 regarding the location of parties in connection with child
233.20 support proceedings are governed by sections 256.87, subdivision
233.21 8; 257.70; and 518.005, subdivision 5. Certain data regarding
233.22 the suspension of licenses of persons owing child support are
233.23 governed by section 518.551, subdivision 13a, and certain data
233.24 on newly hired employees maintained by the public authority for
233.25 support enforcement are governed by section 256.998.
233.26 Sec. 3. [13B.06] [CHILD SUPPORT OR MAINTENANCE OBLIGOR
233.27 DATA MATCHES.]
233.28 Subdivision 1. [DEFINITIONS.] The definitions in this
233.29 subdivision apply to this section.
233.30 (a) "Account" means a demand deposit account, checking or
233.31 negotiable withdraw order account, savings account, time deposit
233.32 account, or money market mutual fund.
233.33 (b) "Account information" means the type of account, the
233.34 account number, whether the account is singly or jointly owned,
233.35 and in the case of jointly owned accounts the name and address
233.36 of the nonobligor account owner if available.
234.1 (c) "Financial institution" means any of the following that
234.2 do business within the state:
234.3 (1) federal or state commercial banks and federal or state
234.4 savings banks, including savings and loan associations and
234.5 cooperative banks;
234.6 (2) federal and state chartered credit unions;
234.7 (3) benefit associations;
234.8 (4) life insurance companies;
234.9 (5) safe deposit companies; and
234.10 (6) money market mutual funds.
234.11 (d) "Obligor" means an individual who is in arrears in
234.12 court-ordered child support or maintenance payments, or both, in
234.13 an amount equal to or greater than three times the obligor's
234.14 total monthly support and maintenance payments.
234.15 (e) "Public authority" means the public authority
234.16 responsible for child support enforcement.
234.17 Subd. 2. [DATA MATCH SYSTEM ESTABLISHED.] The commissioner
234.18 of human services shall establish a process for the comparison
234.19 of account information data held by financial institutions with
234.20 the public authority's database of child support obligors. The
234.21 commissioner shall inform the financial industry of the
234.22 requirements of this section and the means by which financial
234.23 institutions can comply. The commissioner may contract for
234.24 services to carry out this section.
234.25 Subd. 3. [DUTY TO PROVIDE DATA.] On written request by a
234.26 public authority, a financial institution shall provide to the
234.27 public authority on a quarterly basis the name, address, social
234.28 security number, tax identification number if known, and all
234.29 account information for each obligor who maintains an account at
234.30 the financial institution.
234.31 Subd. 4. [METHOD TO PROVIDE DATA.] To comply with the
234.32 requirements of this section, a financial institution may either:
234.33 (1) provide to the public authority a list containing only
234.34 the names and other necessary personal identifying information
234.35 of all account holders for the public authority to compare
234.36 against its list of child support obligors for the purpose of
235.1 identifying which obligors maintain an account at the financial
235.2 institution; the names of the obligors who maintain an account
235.3 at the institution shall then be transmitted to the financial
235.4 institution which shall provide the public authority with
235.5 account information on those obligors; or
235.6 (2) obtain a list of child support obligors from the public
235.7 authority and compare that data to the data maintained at the
235.8 financial institution to identify which of the identified
235.9 obligors maintains an account at the financial institution.
235.10 A financial institution shall elect either method in
235.11 writing upon written request of the public authority, and the
235.12 election remains in effect unless the public authority agrees in
235.13 writing to a change.
235.14 Subd. 5. [MEANS TO PROVIDE DATA.] A financial institution
235.15 may provide the required data by submitting electronic media in
235.16 a compatible format, delivering, mailing, or telefaxing a copy
235.17 of the data, or by other means authorized by the commissioner of
235.18 human services that will result in timely reporting.
235.19 Subd. 6. [ACCESS TO DATA.] (a) With regard to account
235.20 information on all account holders provided by a financial
235.21 institution under subdivision 4, clause (1), the commissioner of
235.22 human services shall retain the reported information only until
235.23 the account information is compared against the public
235.24 authority's obligor database. Notwithstanding section 138.17,
235.25 all account information that does not pertain to an obligor
235.26 listed in the public authority's database must be immediately
235.27 discarded, and no retention or publication may be made of that
235.28 data by the public authority. All account information that does
235.29 pertain to an obligor listed in the public authority's database
235.30 must be incorporated into the public authority's database.
235.31 Access to that data is governed by chapter 13.
235.32 (b) With regard to data on obligors provided by the public
235.33 authority to a financial institution under subdivision 4, clause
235.34 (2), the financial institution shall retain the reported
235.35 information only until the financial institution's database is
235.36 compared against the public authority's database. Data that do
236.1 not pertain to an account holder at the financial institution
236.2 must be immediately discarded, and no retention or publication
236.3 may be made of that data by the financial institution.
236.4 Subd. 7. [FEES.] A financial institution may charge and
236.5 collect a fee from the public authority for providing account
236.6 information to the public authority. No financial institution
236.7 shall charge or collect a fee that exceeds its actual costs of
236.8 complying with this section. The commissioner, together with an
236.9 advisory group consisting of representatives of the financial
236.10 institutions in the state, shall determine a fee structure that
236.11 minimizes the cost to the state and reasonably meets the needs
236.12 of the financial institutions, and shall report to the chairs of
236.13 the judiciary committees in the house of representatives and the
236.14 senate by February 1, 1998, a recommended fee structure for
236.15 inclusion in this section.
236.16 Subd. 8. [FAILURE TO RESPOND TO REQUEST FOR
236.17 INFORMATION.] The public authority shall send by certified mail
236.18 a written notice of noncompliance to a financial institution
236.19 that fails to respond to a first written request for information
236.20 under this section. The notice of noncompliance must explain
236.21 the requirements of this section and advise the financial
236.22 institution of the penalty for noncompliance. A financial
236.23 institution that receives a second notice of noncompliance is
236.24 subject to a civil penalty of $1,000 for its failure to comply.
236.25 A financial institution that continues to fail to comply with
236.26 this section is subject to a civil penalty of $5,000 for the
236.27 third and each subsequent failure to comply. These penalties
236.28 may be imposed and collected by the public authority.
236.29 A financial institution that has been served with a notice
236.30 of noncompliance and incurs a second or subsequent notice of
236.31 noncompliance has the right to a contested case hearing under
236.32 chapter 14. A financial institution has 20 days from the date
236.33 of the service of the notice of noncompliance to file a request
236.34 for a contested case hearing with the commissioner. The order
236.35 of the administrative law judge constitutes the final decision
236.36 in the case.
237.1 Subd. 9. [IMMUNITY.] A financial institution that provides
237.2 or reasonably attempts to provide information to the public
237.3 authority in compliance with this section is not liable to any
237.4 person for disclosing the information or for taking any other
237.5 action in good faith as authorized by this section or chapter
237.6 552.
237.7 Subd. 10. [CIVIL ACTION FOR UNAUTHORIZED DISCLOSURE BY
237.8 FINANCIAL INSTITUTION.] (a) An account holder may bring a civil
237.9 action in district court against a financial institution for
237.10 unauthorized disclosure of data received from the public
237.11 authority under subdivision 4, clause (2). A financial
237.12 institution found to have violated this subdivision shall be
237.13 liable as provided in paragraph (b) or (c).
237.14 (b) Any financial institution that willfully and
237.15 maliciously discloses data received from the public authority
237.16 under subdivision 4 is liable to that account holder in an
237.17 amount equal to the sum of:
237.18 (1) any actual damages sustained by the consumer as a
237.19 result of the disclosure; and
237.20 (2) in the case of any successful action to enforce any
237.21 liability under this section, the costs of the action taken plus
237.22 reasonable attorney's fees as determined by the court.
237.23 (c) Any financial institution that negligently discloses
237.24 data received from the public authority under subdivision 4 is
237.25 liable to that account holder in an amount equal to any actual
237.26 damages sustained by the account holder as a result of the
237.27 disclosure.
237.28 (d) A financial institution may not be held liable in any
237.29 action brought under this subdivision if the financial
237.30 institution shows, by a preponderance of evidence, that the
237.31 disclosure was not intentional and resulted from a bona fide
237.32 error notwithstanding the maintenance of procedures reasonably
237.33 adapted to avoid any error.
237.34 Sec. 4. Minnesota Statutes 1996, section 144.223, is
237.35 amended to read:
237.36 144.223 [REPORT OF MARRIAGE.]
238.1 Data relating to certificates of marriage registered shall
238.2 be reported to the state registrar by the local registrars
238.3 pursuant to the rules of the commissioner. The information
238.4 necessary to compile the report shall be furnished by the
238.5 applicant prior to the issuance of the marriage license. The
238.6 report shall contain the following information:
238.7 A. Personal information on bride and groom:
238.8 1. Name;
238.9 2. Residence;
238.10 3. Date and place of birth;
238.11 4. Race;
238.12 5. If previously married, how terminated;
238.13 6. Signature of applicant and date signed, and social
238.14 security number.
238.15 B. Information concerning the marriage:
238.16 1. Date of marriage;
238.17 2. Place of marriage;
238.18 3. Civil or religious ceremony.
238.19 Sec. 5. [256.741] [CHILD SUPPORT AND MAINTENANCE.]
238.20 Subdivision 1. [PUBLIC ASSISTANCE.] (a) The term "public
238.21 assistance" as used in this chapter and chapters 257, 518, and
238.22 518C, includes any form of assistance provided under AFDC, MFIP,
238.23 and MFIP-R under chapter 256, MFIP-S under chapter 256J, and
238.24 work first under chapter 256K; child care assistance provided
238.25 through the child care fund according to chapter 119B; any form
238.26 of medical assistance under chapter 256B; MinnesotaCare under
238.27 chapter 256; and foster care as provided under Title IV-E of the
238.28 Social Security Act.
238.29 (b) The term "child support agency" as used in this section
238.30 refers to the public authority responsible for child support
238.31 enforcement.
238.32 (c) The term "public assistance agency" as used in this
238.33 section refers to a public authority providing public assistance
238.34 to an individual.
238.35 Subd. 2. [ASSIGNMENT OF SUPPORT AND MAINTENANCE
238.36 RIGHTS.] (a) An individual receiving public assistance in the
239.1 form of assistance under AFDC, MFIP-S, MFIP-R, MFIP, and work
239.2 first is considered to have assigned to the state at the time of
239.3 application all rights to child support and maintenance from any
239.4 other person the applicant or recipient may have in the
239.5 individual's own behalf or in the behalf of any other family
239.6 member for whom application for public assistance is made. An
239.7 assistance unit is ineligible for aid to families with dependent
239.8 children or its successor program unless the caregiver assigns
239.9 all rights to child support and spousal maintenance benefits
239.10 according to this section.
239.11 (1) An assignment made according to this section is
239.12 effective as to:
239.13 (i) any current child support and current spousal
239.14 maintenance; and
239.15 (ii) any accrued child support and spousal maintenance
239.16 arrears.
239.17 (2) An assignment made after September 30, 1997, is
239.18 effective as to:
239.19 (i) any current child support and current spousal
239.20 maintenance;
239.21 (ii) any accrued child support and spousal maintenance
239.22 arrears collected before October 1, 2000, or the date the
239.23 individual terminates assistance, whichever is later; and
239.24 (iii) any accrued child support and spousal maintenance
239.25 arrears collected under federal tax intercept.
239.26 (b) An individual receiving public assistance in the form
239.27 of medical assistance, including MinnesotaCare, is considered to
239.28 have assigned to the state at the time of application all rights
239.29 to medical support from any other person the individual may have
239.30 in the individual's own behalf or in the behalf of any other
239.31 family member for whom medical assistance is provided.
239.32 An assignment made after September 30, 1997, is effective
239.33 as to any medical support accruing after the date of medical
239.34 assistance or MinnesotaCare eligibility.
239.35 (c) An individual receiving public assistance in the form
239.36 of child care assistance under the child care fund pursuant to
240.1 chapter 119B is considered to have assigned to the state at the
240.2 time of application all rights to child care support from any
240.3 other person the individual may have in the individual's own
240.4 behalf or in the behalf of any other family member for whom
240.5 child care assistance is provided.
240.6 An assignment made according to this paragraph is effective
240.7 as to:
240.8 (1) any current child care support and any child care
240.9 support arrears assigned and accruing after the effective date
240.10 of this section that are collected before October 1, 2000; and
240.11 (2) any accrued child care support arrears collected under
240.12 federal tax intercept.
240.13 Subd. 3. [EXISTING ASSIGNMENTS.] Assignments based on the
240.14 receipt of public assistance in existence prior to the effective
240.15 date of this section are permanently assigned to the state.
240.16 Subd. 4. [EFFECT OF ASSIGNMENT.] Assignments in this
240.17 section take effect upon a determination that the applicant is
240.18 eligible for public assistance. The amount of support assigned
240.19 under this subdivision may not exceed the total amount of public
240.20 assistance issued or the total support obligation, whichever is
240.21 less.
240.22 Subd. 5. [COOPERATION WITH CHILD SUPPORT
240.23 ENFORCEMENT.] After notification from a public assistance agency
240.24 that an individual has applied for or is receiving any form of
240.25 public assistance, the child support agency shall determine
240.26 whether the party is cooperating with the agency in establishing
240.27 paternity, child support, modification of an existing child
240.28 support order, or enforcement of an existing child support
240.29 order. The public assistance agency shall notify each applicant
240.30 or recipient in writing of the right to claim a good cause
240.31 exemption from cooperating with the requirements in this
240.32 section. A copy of the notice must be furnished to the
240.33 applicant or recipient, and the applicant or recipient and a
240.34 representative from the public authority shall acknowledge
240.35 receipt of the notice by signing and dating a copy of the
240.36 notice. The individual shall cooperate with the child support
241.1 agency by:
241.2 (1) providing all known information regarding the alleged
241.3 father or obligor, including name, address, social security
241.4 number, telephone number, place of employment or school, and the
241.5 names and addresses of any relatives;
241.6 (2) appearing at interviews, hearings and legal
241.7 proceedings;
241.8 (3) submitting to genetic tests including genetic testing
241.9 of the child, under a judicial or administrative order; and
241.10 (4) providing additional information known by the
241.11 individual as necessary for cooperating in good faith with the
241.12 child support agency.
241.13 The caregiver of a minor child must cooperate with the
241.14 efforts of the public authority to collect support according to
241.15 this subdivision. A caregiver must forward to the public
241.16 authority all support the caregiver receives during the period
241.17 the assignment of support required under subdivision 2 is in
241.18 effect. Support received by a caregiver and not forwarded to
241.19 the public authority must be repaid to the child support
241.20 enforcement unit for any month following the date on which
241.21 initial eligibility is determined, except as provided under
241.22 subdivision 8, paragraph (b), clause (4).
241.23 Subd. 6. [DETERMINATION.] If the individual cannot provide
241.24 the information required in subdivision 5, before making a
241.25 determination that the individual is cooperating, the child
241.26 support agency shall make a finding that the individual could
241.27 not reasonably be expected to provide the information. In
241.28 making this finding, the child support agency shall consider:
241.29 (1) the age of the child for whom support is being sought;
241.30 (2) the circumstances surrounding the conception of the
241.31 child;
241.32 (3) the age and mental capacity of the parent or caregiver
241.33 of the child for whom support is being sought;
241.34 (4) the time period that has expired since the parent or
241.35 caregiver of the child for whom support is sought last had
241.36 contact with the alleged father or obligor, or the person's
242.1 relatives; and
242.2 (5) statements from the applicant or recipient or other
242.3 individuals that show evidence of an inability to provide
242.4 correct information about the alleged father or obligor because
242.5 of deception by the alleged father or obligor.
242.6 Subd. 7. [NONCOOPERATION.] Unless good cause is found to
242.7 exist under subdivision 10, upon a determination of
242.8 noncooperation by the child support agency, the agency shall
242.9 promptly notify the individual and each public assistance agency
242.10 providing public assistance to the individual that the
242.11 individual is not cooperating with the child support agency.
242.12 Upon notice of noncooperation, the individual shall be
242.13 sanctioned in the amount determined according to the public
242.14 assistance agency responsible for enforcing the sanction.
242.15 Subd. 8. [REFUSAL TO COOPERATE WITH SUPPORT
242.16 REQUIREMENTS.] (a) Failure by a caregiver to satisfy any of the
242.17 requirements of subdivision 5 constitutes refusal to cooperate,
242.18 and the sanctions under paragraph (b) apply. The IV-D agency
242.19 must determine whether a caregiver has refused to cooperate
242.20 according to subdivision 5.
242.21 (b) Determination by the IV-D agency that a caregiver has
242.22 refused to cooperate has the following effects:
242.23 (1) a caregiver is subject to the applicable sanctions
242.24 under section 256J.46;
242.25 (2) a caregiver who is not a parent of a minor child in an
242.26 assistance unit may choose to remove the child from the
242.27 assistance unit unless the child is required to be in the
242.28 assistance unit;
242.29 (3) a parental caregiver who refuses to cooperate is
242.30 ineligible for medical assistance; and
242.31 (4) direct support retained by a caregiver must be counted
242.32 as unearned income when determining the amount of the assistance
242.33 payment.
242.34 Subd. 9. [GOOD CAUSE EXEMPTION FROM COOPERATING WITH
242.35 SUPPORT REQUIREMENTS.] The IV-A or IV-D agency must notify the
242.36 caregiver that the caregiver may claim a good cause exemption
243.1 from cooperating with the requirements in subdivision 5. Good
243.2 cause may be claimed and exemptions determined according to
243.3 subdivisions 10 to 13.
243.4 Subd. 10. [GOOD CAUSE EXEMPTION.] (a) Cooperation with the
243.5 child support agency under subdivision 5 is not necessary if the
243.6 individual asserts, and both the child support agency and the
243.7 public assistance agency find, good cause exists under this
243.8 subdivision for failing to cooperate. An individual may request
243.9 a good cause exemption by filing a written claim with the public
243.10 assistance agency on a form provided by the commissioner of
243.11 human services. Upon notification of a claim for good cause
243.12 exemption, the child support agency shall cease all child
243.13 support enforcement efforts until the claim for good cause
243.14 exemption is reviewed and the validity of the claim is
243.15 determined. Designated representatives from public assistance
243.16 agencies and at least one representative from the child support
243.17 enforcement agency shall review each claim for a good cause
243.18 exemption and determine its validity.
243.19 (b) Good cause exists when an individual documents that
243.20 pursuit of child support enforcement services could reasonably
243.21 result in:
243.22 (1) physical or emotional harm to the child for whom
243.23 support is sought;
243.24 (2) physical harm to the parent or caregiver with whom the
243.25 child is living that would reduce the ability to adequately care
243.26 for the child; or
243.27 (3) emotional harm to the parent or caregiver with whom the
243.28 child is living, of such nature or degree that it would reduce
243.29 the person's ability to adequately care for the child.
243.30 Physical and emotional harm under this paragraph must be of
243.31 a serious nature in order to justify a finding of good cause
243.32 exemption. A finding of good cause exemption based on emotional
243.33 harm may only be based upon a demonstration of emotional
243.34 impairment that substantially affects the individual's ability
243.35 to function.
243.36 (c) Good cause also exists when the designated
244.1 representatives in this subdivision believe that pursuing child
244.2 support enforcement would be detrimental to the child for whom
244.3 support is sought and the individual applicant or recipient
244.4 documents any of the following:
244.5 (1) the child for whom child support enforcement is sought
244.6 was conceived as a result of incest or rape;
244.7 (2) legal proceedings for the adoption of the child are
244.8 pending before a court of competent jurisdiction; or
244.9 (3) the parent or caregiver of the child is currently being
244.10 assisted by a public or licensed private social service agency
244.11 to resolve the issues of whether to keep the child or place the
244.12 child for adoption.
244.13 The parent or caregiver's right to claim a good cause
244.14 exemption based solely on this paragraph expires if the
244.15 assistance lasts more than 90 days.
244.16 (d) The public authority shall consider the best interests
244.17 of the child in determining good cause.
244.18 Subd. 11. [PROOF OF GOOD CAUSE.] (a) An individual seeking
244.19 a good cause exemption has 20 days from the date the good cause
244.20 claim was provided to the public assistance agency to supply
244.21 evidence supporting the claim. The public assistance agency may
244.22 extend the time period in this section if it believes the
244.23 individual is cooperating and needs additional time to submit
244.24 the evidence required by this section. Failure to provide this
244.25 evidence shall result in the child support agency resuming child
244.26 support enforcement efforts.
244.27 (b) Evidence supporting a good cause claim includes, but is
244.28 not limited to:
244.29 (1) a birth certificate or medical or law enforcement
244.30 records indicating that the child was conceived as the result of
244.31 incest or rape;
244.32 (2) court documents or other records indicating that legal
244.33 proceedings for adoption are pending before a court of competent
244.34 jurisdiction;
244.35 (3) court, medical, criminal, child protective services,
244.36 social services, domestic violence advocate services,
245.1 psychological, or law enforcement records indicating that the
245.2 alleged father or obligor might inflict physical or emotional
245.3 harm on the child, parent, or caregiver;
245.4 (4) medical records or written statements from a licensed
245.5 medical professional indicating the emotional health history or
245.6 status of the custodial parent, child, or caregiver, or
245.7 indicating a diagnosis or prognosis concerning their emotional
245.8 health;
245.9 (5) a written statement from a public or licensed private
245.10 social services agency that the individual is deciding whether
245.11 to keep the child or place the child for adoption; or
245.12 (6) sworn statements from individuals other than the
245.13 applicant or recipient that provide evidence supporting the good
245.14 cause claim.
245.15 (c) The child support agency and the public assistance
245.16 agency shall assist an individual in obtaining the evidence in
245.17 this section upon request of the individual.
245.18 Subd. 12. [DECISION.] A good cause exemption must be
245.19 granted if the individual's claim and the investigation of the
245.20 supporting evidence satisfy the investigating agencies that the
245.21 individual has good cause for refusing to cooperate.
245.22 Subd. 13. [DURATION.] (a) A good cause exemption may not
245.23 continue for more than one year without redetermination of
245.24 cooperation and good cause pursuant to this section. The child
245.25 support agency may redetermine cooperation and the designated
245.26 representatives in subdivision 10 may redetermine the granting
245.27 of a good cause exemption before the one year expiration in this
245.28 subdivision.
245.29 (b) A good cause exemption must be allowed under subsequent
245.30 applications and redeterminations without additional evidence
245.31 when the factors that led to the exemption continue to exist. A
245.32 good cause exemption must end when the factors that led to the
245.33 exemption have changed.
245.34 Subd. 14. [TRAINING.] The commissioner shall establish
245.35 domestic violence and sexual abuse training programs for child
245.36 support agency employees. The training programs must be
246.1 developed in consultation with experts on domestic violence and
246.2 sexual assault. To the extent possible, representatives of the
246.3 child support agency involved in making a determination of
246.4 cooperation under subdivision 6 or reviewing a claim for good
246.5 cause exemption under subdivision 9 shall receive training in
246.6 accordance with this subdivision.
246.7 Sec. 6. Minnesota Statutes 1996, section 256.87,
246.8 subdivision 1, is amended to read:
246.9 Subdivision 1. [ACTIONS AGAINST PARENTS FOR ASSISTANCE
246.10 FURNISHED.] A parent of a child is liable for the amount
246.11 of public assistance, as defined in section 256.741, furnished
246.12 under sections 256.031 to 256.0361, 256.72 to 256.87, or under
246.13 Title IV-E of the Social Security Act or medical assistance
246.14 under chapter 256, 256B, or 256D to and for the benefit of the
246.15 child, including any assistance furnished for the benefit of the
246.16 caretaker of the child, which the parent has had the ability to
246.17 pay. Ability to pay must be determined according to chapter
246.18 518. The parent's liability is limited to the two years
246.19 immediately preceding the commencement of the action, except
246.20 that where child support has been previously ordered, the state
246.21 or county agency providing the assistance, as assignee of the
246.22 obligee, shall be entitled to judgments for child support
246.23 payments accruing within ten years preceding the date of the
246.24 commencement of the action up to the full amount of assistance
246.25 furnished. The action may be ordered by the state agency or
246.26 county agency and shall be brought in the name of the county by
246.27 the county attorney of the county in which the assistance was
246.28 granted, or by in the name of the state agency against the
246.29 parent for the recovery of the amount of assistance granted,
246.30 together with the costs and disbursements of the action.
246.31 Sec. 7. Minnesota Statutes 1996, section 256.87,
246.32 subdivision 1a, is amended to read:
246.33 Subd. 1a. [CONTINUING SUPPORT CONTRIBUTIONS.] In addition
246.34 to granting the county or state agency a money judgment, the
246.35 court may, upon a motion or order to show cause, order
246.36 continuing support contributions by a parent found able to
247.1 reimburse the county or state agency. The order shall be
247.2 effective for the period of time during which the recipient
247.3 receives public assistance from any county or state agency and
247.4 thereafter. The order shall require support according to
247.5 chapter 518. An order for continuing contributions is
247.6 reinstated without further hearing upon notice to the parent by
247.7 any county or state agency that public assistance, as defined in
247.8 section 256.741, is again being provided for the child of the
247.9 parent under sections 256.031 to 256.0361, 256.72 to 256.87, or
247.10 under Title IV-E of the Social Security Act or medical
247.11 assistance under chapter 256, 256B, or 256D. The notice shall
247.12 be in writing and shall indicate that the parent may request a
247.13 hearing for modification of the amount of support or maintenance.
247.14 Sec. 8. Minnesota Statutes 1996, section 256.87,
247.15 subdivision 3, is amended to read:
247.16 Subd. 3. [CONTINUING CONTRIBUTIONS TO FORMER RECIPIENT.]
247.17 The order for continuing support contributions shall remain in
247.18 effect following the period after public assistance, as defined
247.19 in section 256.741, granted under sections 256.72 to 256.87 is
247.20 terminated unless the former recipient files an affidavit with
247.21 the court requesting termination of the order.
247.22 Sec. 9. Minnesota Statutes 1996, section 256.87,
247.23 subdivision 5, is amended to read:
247.24 Subd. 5. [CHILD NOT RECEIVING ASSISTANCE.] A person or
247.25 entity having physical custody of a dependent child not
247.26 receiving public assistance under sections 256.031 to 256.0361,
247.27 or 256.72 to 256.87 as defined in section 256.741 has a cause of
247.28 action for child support against the child's absent noncustodial
247.29 parents. Upon a motion served on the absent noncustodial
247.30 parent, the court shall order child support payments, including
247.31 medical support and child care support, from the
247.32 absent noncustodial parent under chapter 518. The absent A
247.33 noncustodial parent's liability may include up to the two years
247.34 immediately preceding the commencement of the action. This
247.35 subdivision applies only if the person or entity has physical
247.36 custody with the consent of a custodial parent or approval of
248.1 the court.
248.2 Sec. 10. Minnesota Statutes 1996, section 256.87, is
248.3 amended by adding a subdivision to read:
248.4 Subd. 8. [DISCLOSURE PROHIBITED.] Notwithstanding
248.5 statutory or other authorization for the public authority to
248.6 release private data on the location of a party to the action,
248.7 information on the location of one party may not be released to
248.8 the other party by the public authority if:
248.9 (1) the public authority has knowledge that a protective
248.10 order with respect to the other party has been entered; or
248.11 (2) the public authority has reason to believe that the
248.12 release of the information may result in physical or emotional
248.13 harm to the other party.
248.14 Sec. 11. Minnesota Statutes 1996, section 256.978,
248.15 subdivision 1, is amended to read:
248.16 Subdivision 1. [REQUEST FOR INFORMATION.] (a) The
248.17 commissioner of human services public authority responsible for
248.18 child support in this state or any other state, in order to
248.19 locate a person to establish paternity, and child support or to
248.20 modify or enforce child support, or to enforce a child support
248.21 obligation in arrears, may request information reasonably
248.22 necessary to the inquiry from the records of all departments,
248.23 boards, bureaus, or other agencies of this state, which shall,
248.24 notwithstanding the provisions of section 268.12, subdivision
248.25 12, or any other law to the contrary, provide the information
248.26 necessary for this purpose. Employers, utility companies,
248.27 insurance companies, financial institutions, and labor
248.28 associations doing business in this state shall provide
248.29 information as provided under subdivision 2 upon written or
248.30 electronic request by an agency responsible for child support
248.31 enforcement regarding individuals owing or allegedly owing a
248.32 duty to support within 30 days of the receipt service of the
248.33 written request made by the public authority. Information
248.34 requested and used or transmitted by the commissioner pursuant
248.35 according to the authority conferred by this section may be made
248.36 available only to public officials and agencies of this state
249.1 and its political subdivisions and other states of the union and
249.2 their political subdivisions who are seeking to enforce the
249.3 support liability of parents or to locate parents. The
249.4 commissioner may not release the information to an agency or
249.5 political subdivision of another state unless the agency or
249.6 political subdivision is directed to maintain the data
249.7 consistent with its classification in this state. Information
249.8 obtained under this section may not be released except to the
249.9 extent necessary for the administration of the child support
249.10 enforcement program or when otherwise authorized by law. to
249.11 other agencies, statewide systems, and political subdivisions of
249.12 this state, and agencies of other states, interstate information
249.13 networks, federal agencies, and other entities as required by
249.14 federal regulation or law for the administration of the child
249.15 support enforcement program.
249.16 (b) For purposes of this section, "state" includes the
249.17 District of Columbia, Puerto Rico, the United States Virgin
249.18 Islands, and any territory or insular possession subject to the
249.19 jurisdiction of the United States.
249.20 Sec. 12. Minnesota Statutes 1996, section 256.978,
249.21 subdivision 2, is amended to read:
249.22 Subd. 2. [ACCESS TO INFORMATION.] (a) A written request
249.23 for information by the public authority responsible for child
249.24 support of this state or any other state may be made to:
249.25 (1) employers when there is reasonable cause to believe
249.26 that the subject of the inquiry is or was an employee or
249.27 independent contractor of the employer. Information to be
249.28 released by employers is limited to place of residence,
249.29 employment status, wage or payment information, benefit
249.30 information, and social security number;
249.31 (2) utility companies when there is reasonable cause to
249.32 believe that the subject of the inquiry is or was a retail
249.33 customer of the utility company. Customer information to be
249.34 released by utility companies is limited to place of residence,
249.35 home telephone, work telephone, source of income, employer and
249.36 place of employment, and social security number;
250.1 (3) insurance companies when there is an arrearage of child
250.2 support and there is reasonable cause to believe that the
250.3 subject of the inquiry is or was receiving funds either in the
250.4 form of a lump sum or periodic payments. Information to be
250.5 released by insurance companies is limited to place of
250.6 residence, home telephone, work telephone, employer, social
250.7 security number, and amounts and type of payments made to the
250.8 subject of the inquiry;
250.9 (4) labor organizations when there is reasonable cause to
250.10 believe that the subject of the inquiry is or was a member of
250.11 the labor association. Information to be released by labor
250.12 associations is limited to place of residence, home telephone,
250.13 work telephone, social security number, and current and past
250.14 employment information; and
250.15 (5) financial institutions when there is an arrearage of
250.16 child support and there is reasonable cause to believe that the
250.17 subject of the inquiry has or has had accounts, stocks, loans,
250.18 certificates of deposits, treasury bills, life insurance
250.19 policies, or other forms of financial dealings with the
250.20 institution. Information to be released by the financial
250.21 institution is limited to place of residence, home telephone,
250.22 work telephone, identifying information on the type of financial
250.23 relationships, social security number, current value of
250.24 financial relationships, and current indebtedness of the subject
250.25 with the financial institution.
250.26 (b) For purposes of this subdivision, utility companies
250.27 include telephone companies, radio common carriers, and
250.28 telecommunications carriers as defined in section 237.01, and
250.29 companies that provide electrical, telephone, natural gas,
250.30 propane gas, oil, coal, or cable television services to retail
250.31 customers. The term financial institution includes banks,
250.32 savings and loans, credit unions, brokerage firms, mortgage
250.33 companies, and insurance companies., benefit associations, safe
250.34 deposit companies, money market mutual funds, or similar
250.35 entities authorized to do business in the state.
250.36 Sec. 13. Minnesota Statutes 1996, section 256.9792,
251.1 subdivision 1, is amended to read:
251.2 Subdivision 1. [ARREARAGE COLLECTIONS.] Arrearage
251.3 collection projects are created to increase the revenue to the
251.4 state and counties, reduce AFDC public assistance expenditures
251.5 for former public assistance cases, and increase payments of
251.6 arrearages to persons who are not receiving public assistance by
251.7 submitting cases for arrearage collection to collection
251.8 entities, including but not limited to, the department of
251.9 revenue and private collection agencies.
251.10 Sec. 14. Minnesota Statutes 1996, section 256.9792,
251.11 subdivision 2, is amended to read:
251.12 Subd. 2. [DEFINITIONS.] (a) The definitions in this
251.13 subdivision apply to this section:
251.14 (b) "Public assistance arrearage case" means a case where
251.15 current support may be due, no payment, with the exception of
251.16 tax offset, has been made within the last 90 days, and the
251.17 arrearages are assigned to the public agency pursuant according
251.18 to section 256.74, subdivision 5 256.741.
251.19 (c) "Public authority" means the public authority
251.20 responsible for child support enforcement.
251.21 (d) "Nonpublic assistance arrearage case" means a support
251.22 case where arrearages have accrued that have not been assigned
251.23 pursuant according to section 256.74, subdivision 5 256.741.
251.24 Sec. 15. Minnesota Statutes 1996, section 256.998,
251.25 subdivision 1, is amended to read:
251.26 Subdivision 1. [DEFINITIONS.] (a) The definitions in this
251.27 subdivision apply to this section.
251.28 (b) "Date of hiring" means the earlier of: (1) the first
251.29 day for which an employee is owed compensation by an employer;
251.30 or (2) the first day that an employee reports to work or
251.31 performs labor or services for an employer.
251.32 (c) "Earnings" means payment owed by an employer for labor
251.33 or services rendered by an employee.
251.34 (d) "Employee" means a person who resides or works in
251.35 Minnesota and, performs services for compensation, in whatever
251.36 form, for an employer and satisfies the criteria of an employee
252.1 under chapter 24 of the Internal Revenue Code. Employee does
252.2 not include:
252.3 (1) persons hired for domestic service in the private home
252.4 of the employer, as defined in the Federal Tax Code.; or
252.5 (2) an employee of the federal or state agency performing
252.6 intelligence or counterintelligence functions, if the head of
252.7 such agency has determined that reporting according to this law
252.8 would endanger the safety of the employee or compromise an
252.9 ongoing investigation or intelligence mission.
252.10 (e) "Employer" means a person or entity located or doing
252.11 business in this state that employs one or more employees for
252.12 payment, and satisfies the criteria of an employer under chapter
252.13 24 of the Internal Revenue Code. Employer includes a labor
252.14 organization as defined in paragraph (g). Employer also
252.15 includes the state, political or other governmental subdivisions
252.16 of the state, and the federal government.
252.17 (f) "Hiring" means engaging a person to perform services
252.18 for compensation and includes the reemploying or return to work
252.19 of any previous employee who was laid off, furloughed,
252.20 separated, granted a leave without pay, or terminated from
252.21 employment when a period of 90 days elapses from the date of
252.22 layoff, furlough, separation, leave, or termination to the date
252.23 of the person's return to work.
252.24 (g) "Labor organization" means entities located or doing
252.25 business in this state that meet the criteria of labor
252.26 organization under section 2(5) of the National Labor Relations
252.27 Act. This includes any entity, that may also be known as a
252.28 hiring hall, used to carry out requirements described in chapter
252.29 7 of the National Labor Relations Act.
252.30 (h) "Payor" means a person or entity located or doing
252.31 business in Minnesota who pays money to an independent
252.32 contractor according to an agreement for the performance of
252.33 services.
252.34 Sec. 16. Minnesota Statutes 1996, section 256.998,
252.35 subdivision 6, is amended to read:
252.36 Subd. 6. [SANCTIONS.] If an employer fails to report under
253.1 this section, the commissioner of human services, by certified
253.2 mail, shall send the employer a written notice of noncompliance
253.3 requesting that the employer comply with the reporting
253.4 requirements of this section. The notice of noncompliance must
253.5 explain the reporting procedure under this section and advise
253.6 the employer of the penalty for noncompliance. An employer who
253.7 has received a notice of noncompliance and later incurs a second
253.8 violation is subject to a civil penalty of $50 $25 for each
253.9 intentionally unreported employee. An employer who has received
253.10 a notice of noncompliance and later incurs a third or subsequent
253.11 violation is subject to a civil penalty of $500 for each
253.12 intentionally unreported employee, if noncompliance is the
253.13 result of a conspiracy between an employer and an employee not
253.14 to supply the required report or to supply a false or incomplete
253.15 report. These penalties may be imposed and collected by the
253.16 commissioner of human services. An employer who has been served
253.17 with a notice of noncompliance and incurs a second or subsequent
253.18 violation resulting in a civil penalty, has the right to a
253.19 contested case hearing under chapter 14. An employer has 20
253.20 days from the date of service of the notice, to file a request
253.21 for a contested case hearing with the commissioner. The order
253.22 of the administrative law judge constitutes the final decision
253.23 in the case.
253.24 Sec. 17. Minnesota Statutes 1996, section 256.998,
253.25 subdivision 7, is amended to read:
253.26 Subd. 7. [ACCESS TO DATA.] The commissioner of human
253.27 services shall retain the information reported to the work
253.28 reporting system for a period of six months. Data in the work
253.29 reporting system may be disclosed to the public authority
253.30 responsible for child support enforcement, federal agencies, and
253.31 state and local agencies of other states for the purposes of
253.32 enforcing state and federal laws governing child support, and
253.33 agencies responsible for the administration of programs under
253.34 Title IV-A of the Social Security Act, the department of
253.35 economic security, and the department of labor and industry.
253.36 Sec. 18. Minnesota Statutes 1996, section 256.998, is
254.1 amended by adding a subdivision to read:
254.2 Subd. 10. [USE OF WORK REPORTING SYSTEM INFORMATION IN
254.3 DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.] The
254.4 commissioner of human services is authorized to use information
254.5 from the work reporting system to determine eligibility for
254.6 applicants and recipients of public assistance programs
254.7 administered by the department of human services. Data
254.8 including names, dates of birth, and social security numbers of
254.9 people applying for or receiving public assistance benefits will
254.10 be compared to the work reporting system information to
254.11 determine if applicants or recipients of public assistance are
254.12 employed. County agencies will be notified of discrepancies in
254.13 information obtained from the work reporting system.
254.14 Sec. 19. Minnesota Statutes 1996, section 256.998, is
254.15 amended by adding a subdivision to read:
254.16 Subd. 11. [ACTION ON INFORMATION.] Upon receipt of the
254.17 discrepant information, county agencies will notify clients of
254.18 the information and request verification of employment status
254.19 and earnings. County agencies must attempt to resolve the
254.20 discrepancy within 45 days of receipt of the information.
254.21 Sec. 20. Minnesota Statutes 1996, section 256.998, is
254.22 amended by adding a subdivision to read:
254.23 Subd. 12. [CLIENT NOTIFICATION.] Persons applying for
254.24 public assistance programs administered by the department of
254.25 human services will be notified at the time of application that
254.26 data including their name, date of birth, and social security
254.27 number will be shared with the work reporting system to
254.28 determine possible employment. All current public assistance
254.29 recipients will be notified of this provision prior to its
254.30 implementation.
254.31 Sec. 21. Minnesota Statutes 1996, section 257.62,
254.32 subdivision 1, is amended to read:
254.33 Subdivision 1. [BLOOD OR GENETIC TESTS REQUIRED.] (a) The
254.34 court or public authority may, and upon request of a party
254.35 shall, require the child, mother, or alleged father to submit to
254.36 blood or genetic tests. A mother or alleged father requesting
255.1 the tests shall file with the court an affidavit either alleging
255.2 or denying paternity and setting forth facts that establish the
255.3 reasonable possibility that there was, or was not, the requisite
255.4 sexual contact between the parties.
255.5 (b) A copy of the test results must be served on the
255.6 parties as provided in section 543.20 each party by first class
255.7 mail to the party's last known address. Any objection to the
255.8 results of blood or genetic tests must be made in writing no
255.9 later than 15 days prior to a hearing at which time those test
255.10 results may be introduced into evidence 30 days after service of
255.11 the results. Test results served upon a party must include
255.12 notice of this right to object.
255.13 (c) If the alleged father is dead, the court may, and upon
255.14 request of a party shall, require the decedent's parents or
255.15 brothers and sisters or both to submit to blood or genetic
255.16 tests. However, in a case involving these relatives of an
255.17 alleged father, who is deceased, the court may refuse to order
255.18 blood or genetic tests if the court makes an express finding
255.19 that submitting to the tests presents a danger to the health of
255.20 one or more of these relatives that outweighs the child's
255.21 interest in having the tests performed. Unless the person gives
255.22 consent to the use, the results of any blood or genetic tests of
255.23 the decedent's parents, brothers, or sisters may be used only to
255.24 establish the right of the child to public assistance including
255.25 but not limited to social security and veterans' benefits. The
255.26 tests shall be performed by a qualified expert appointed by the
255.27 court.
255.28 Sec. 22. Minnesota Statutes 1996, section 257.62,
255.29 subdivision 2, is amended to read:
255.30 Subd. 2. The court, upon reasonable request by a party,
255.31 shall order that independent tests be performed by other
255.32 qualified experts. Unless otherwise agreed by the parties, a
255.33 party wanting additional testing must first contest the original
255.34 tests in subdivision 1, paragraph (b), and must pay in advance
255.35 for the additional testing. The additional testing must be
255.36 performed by another qualified expert.
256.1 Sec. 23. Minnesota Statutes 1996, section 257.66,
256.2 subdivision 3, is amended to read:
256.3 Subd. 3. [JUDGMENT; ORDER.] The judgment or order shall
256.4 contain provisions concerning the duty of support, the custody
256.5 of the child, the name of the child, the social security number
256.6 of the mother, father, and child, if known at the time of
256.7 adjudication, visitation privileges with the child, the
256.8 furnishing of bond or other security for the payment of the
256.9 judgment, or any other matter in the best interest of the
256.10 child. Custody and visitation and all subsequent motions
256.11 related to them shall proceed and be determined under section
256.12 257.541. The remaining matters and all subsequent motions
256.13 related to them shall proceed and be determined in accordance
256.14 with chapter 518. The judgment or order may direct the
256.15 appropriate party to pay all or a proportion of the reasonable
256.16 expenses of the mother's pregnancy and confinement, after
256.17 consideration of the relevant facts, including the relative
256.18 financial means of the parents; the earning ability of each
256.19 parent; and any health insurance policies held by either parent,
256.20 or by a spouse or parent of the parent, which would provide
256.21 benefits for the expenses incurred by the mother during her
256.22 pregnancy and confinement. Pregnancy and confinement expenses
256.23 and genetic testing costs, submitted by the public authority,
256.24 are admissible as evidence without third-party foundation
256.25 testimony and constitute prima facie evidence of the amounts
256.26 incurred for those services or for the genetic testing.
256.27 Remedies available for the collection and enforcement of child
256.28 support apply to confinement costs and are considered additional
256.29 child support.
256.30 Sec. 24. Minnesota Statutes 1996, section 257.66, is
256.31 amended by adding a subdivision to read:
256.32 Subd. 6. [REQUIRED INFORMATION.] Upon entry of judgment or
256.33 order, each parent who is a party in a paternity proceeding
256.34 shall:
256.35 (1) file with the public authority responsible for child
256.36 support enforcement the party's social security number,
257.1 residential and mailing address, telephone number, driver's
257.2 license number, and name, address, and telephone number of any
257.3 employer if the party is receiving services from the public
257.4 authority or begins receiving services from the public
257.5 authority;
257.6 (2) file the information in clause (1) with the district
257.7 court; and
257.8 (3) notify the court and, if applicable, the public
257.9 authority responsible for child support enforcement of any
257.10 change in the information required under this section within ten
257.11 days of the change.
257.12 Sec. 25. Minnesota Statutes 1996, section 257.70, is
257.13 amended to read:
257.14 257.70 [HEARINGS AND RECORDS; CONFIDENTIALITY.]
257.15 (a) Notwithstanding any other law concerning public
257.16 hearings and records, any hearing or trial held under sections
257.17 257.51 to 257.74 shall be held in closed court without
257.18 admittance of any person other than those necessary to the
257.19 action or proceeding. All papers and records, other than the
257.20 final judgment, pertaining to the action or proceeding, whether
257.21 part of the permanent record of the court or of a file in the
257.22 state department of human services or elsewhere, are subject to
257.23 inspection only upon consent of the court and all interested
257.24 persons, or in exceptional cases only upon an order of the court
257.25 for good cause shown.
257.26 (b) In all actions under this chapter in which public
257.27 assistance is assigned under section 256.741 or the public
257.28 authority provides services to a party or parties to the action,
257.29 notwithstanding statutory or other authorization for the public
257.30 authority to release private data on the location of a party to
257.31 the action, information on the location of one party may not be
257.32 released by the public authority to the other party if:
257.33 (1) the public authority has knowledge that a protective
257.34 order with respect to the other party has been entered; or
257.35 (2) the public authority has reason to believe that the
257.36 release of the information may result in physical or emotional
258.1 harm to the other party.
258.2 Sec. 26. Minnesota Statutes 1996, section 257.75,
258.3 subdivision 2, is amended to read:
258.4 Subd. 2. [REVOCATION OF RECOGNITION.] A recognition may be
258.5 revoked in a writing signed by the mother or father before a
258.6 notary public and filed with the state registrar of vital
258.7 statistics within the earlier of 30 days after the recognition
258.8 is executed or the date of an administrative or judicial hearing
258.9 relating to the child in which the revoking party is a party to
258.10 the related action. A joinder in a recognition may be revoked
258.11 in a writing signed by the man who executed the joinder and
258.12 filed with the state registrar of vital statistics within 30
258.13 days after the joinder is executed. Upon receipt of a
258.14 revocation of the recognition of parentage or joinder in a
258.15 recognition, the state registrar of vital statistics shall
258.16 forward a copy of the revocation to the nonrevoking parent, or,
258.17 in the case of a joinder in a recognition, to the mother and
258.18 father who executed the recognition.
258.19 Sec. 27. Minnesota Statutes 1996, section 257.75,
258.20 subdivision 3, is amended to read:
258.21 Subd. 3. [EFFECT OF RECOGNITION.] Subject to subdivision 2
258.22 and section 257.55, subdivision 1, paragraph (g) or (h), the
258.23 recognition has the force and effect of a judgment or order
258.24 determining the existence of the parent and child relationship
258.25 under section 257.66. If the conditions in section 257.55,
258.26 subdivision 1, paragraph (g) or (h), exist, the recognition
258.27 creates only a presumption of paternity for purposes of sections
258.28 257.51 to 257.74. Once a recognition has been properly executed
258.29 and filed with the state registrar of vital statistics, if there
258.30 are no competing presumptions of paternity, a judicial or
258.31 administrative court may not allow further action to determine
258.32 parentage regarding the signator of the recognition. Until an
258.33 order is entered granting custody to another, the mother has
258.34 sole custody. The recognition is:
258.35 (1) a basis for bringing an action to award custody or
258.36 visitation rights to either parent, establishing a child support
259.1 obligation which may include up to the two years immediately
259.2 preceding the commencement of the action, ordering a
259.3 contribution by a parent under section 256.87, or ordering a
259.4 contribution to the reasonable expenses of the mother's
259.5 pregnancy and confinement, as provided under section 257.66,
259.6 subdivision 3, or ordering reimbursement for the costs of blood
259.7 or genetic testing, as provided under section 257.69,
259.8 subdivision 2;
259.9 (2) determinative for all other purposes related to the
259.10 existence of the parent and child relationship; and
259.11 (3) entitled to full faith and credit in other
259.12 jurisdictions.
259.13 Sec. 28. Minnesota Statutes 1996, section 257.75,
259.14 subdivision 4, is amended to read:
259.15 Subd. 4. [ACTION TO VACATE RECOGNITION.] (a) An action to
259.16 vacate a recognition of paternity may be brought by the mother,
259.17 father, husband or former husband who executed a joinder, or the
259.18 child. A mother, father, or husband or former husband who
259.19 executed a joinder must bring the action within one year of the
259.20 execution of the recognition or within six months after the
259.21 person bringing the action obtains the results of blood or
259.22 genetic tests that indicate that the man who executed the
259.23 recognition is not the father of the child. A child must bring
259.24 an action to vacate within six months after the child obtains
259.25 the result of blood or genetic tests that indicate that the man
259.26 who executed the recognition is not the father of the child, or
259.27 within one year of reaching the age of majority, whichever is
259.28 later. If the court finds a prima facie basis for vacating the
259.29 recognition, the court shall order the child, mother, father,
259.30 and husband or former husband who executed a joinder to submit
259.31 to blood tests. If the court issues an order for the taking of
259.32 blood tests, the court shall require the party seeking to vacate
259.33 the recognition to make advance payment for the costs of the
259.34 blood tests. If the party fails to pay for the costs of the
259.35 blood tests, the court shall dismiss the action to vacate with
259.36 prejudice. The court may also order the party seeking to vacate
260.1 the recognition to pay the other party's reasonable attorney
260.2 fees, costs, and disbursements. If the results of the blood
260.3 tests establish that the man who executed the recognition is not
260.4 the father, the court shall vacate the recognition. If a
260.5 recognition is vacated, any joinder in the recognition under
260.6 subdivision 1a is also vacated. The court shall terminate the
260.7 obligation of a party to pay ongoing child support based on the
260.8 recognition. A modification of child support based on a
260.9 recognition may be made retroactive with respect to any period
260.10 during which the moving party has pending a motion to vacate the
260.11 recognition but only from the date of service of notice of the
260.12 motion on the responding party.
260.13 (b) The burden of proof in an action to vacate the
260.14 recognition is on the moving party. The moving party must
260.15 request the vacation on the basis of fraud, duress, or material
260.16 mistake of fact. The legal responsibilities in existence at the
260.17 time of an action to vacate, including child support
260.18 obligations, may not be suspended during the proceeding, except
260.19 for good cause shown.
260.20 Sec. 29. Minnesota Statutes 1996, section 257.75,
260.21 subdivision 5, is amended to read:
260.22 Subd. 5. [RECOGNITION FORM.] The commissioner of human
260.23 services shall prepare a form for the recognition of parentage
260.24 under this section. In preparing the form, the commissioner
260.25 shall consult with the individuals specified in subdivision 6.
260.26 The recognition form must be drafted so that the force and
260.27 effect of the recognition, the alternatives to executing a
260.28 recognition, and the benefits and responsibilities of
260.29 establishing paternity are clear and understandable. The form
260.30 must include a notice regarding the finality of a recognition
260.31 and the revocation procedure under subdivision 2. The form must
260.32 include a provision for each parent to verify that the parent
260.33 has read or viewed the educational materials prepared by the
260.34 commissioner of human services describing the recognition of
260.35 paternity. The individual providing the form to the parents for
260.36 execution shall provide oral notice of the rights,
261.1 responsibilities, and alternatives to executing the
261.2 recognition. Notice may be provided by audiotape, videotape, or
261.3 similar means. Each parent must receive a copy of the
261.4 recognition.
261.5 Sec. 30. Minnesota Statutes 1996, section 257.75,
261.6 subdivision 7, is amended to read:
261.7 Subd. 7. [HOSPITAL AND DEPARTMENT OF HEALTH DISTRIBUTION
261.8 OF EDUCATIONAL MATERIALS; RECOGNITION FORM.] Hospitals that
261.9 provide obstetric services and the state registrar of vital
261.10 statistics shall distribute the educational materials and
261.11 recognition of parentage forms prepared by the commissioner of
261.12 human services to new parents and shall assist parents in
261.13 understanding the recognition of parentage form, including
261.14 following the provisions for notice under subdivision 5. On and
261.15 after January 1, 1994, hospitals may not distribute the
261.16 declaration of parentage forms.
261.17 Sec. 31. Minnesota Statutes 1996, section 299C.46,
261.18 subdivision 3, is amended to read:
261.19 Subd. 3. [AUTHORIZED USE, FEE.] (a) The data
261.20 communications network shall be used exclusively by:
261.21 (1) criminal justice agencies in connection with the
261.22 performance of duties required by law;
261.23 (2) agencies investigating federal security clearances of
261.24 individuals for assignment or retention in federal employment
261.25 with duties related to national security, as required by Public
261.26 Law Number 99-1691; and
261.27 (3) other agencies to the extent necessary to provide for
261.28 protection of the public or property in an emergency or disaster
261.29 situation; and
261.30 (4) the public authority responsible for child support
261.31 enforcement in connection with the performance of its duties.
261.32 (b) The commissioner of public safety shall establish a
261.33 monthly network access charge to be paid by each participating
261.34 criminal justice agency. The network access charge shall be a
261.35 standard fee established for each terminal, computer, or other
261.36 equipment directly addressable by the criminal justice data
262.1 communications network, as follows: January 1, 1984 to December
262.2 31, 1984, $40 connect fee per month; January 1, 1985 and
262.3 thereafter, $50 connect fee per month.
262.4 (c) The commissioner of public safety is authorized to
262.5 arrange for the connection of the data communications network
262.6 with the criminal justice information system of the federal
262.7 government, any adjacent state, or Canada.
262.8 Sec. 32. Minnesota Statutes 1996, section 508.63, is
262.9 amended to read:
262.10 508.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS;
262.11 JUDGMENTS.]
262.12 No judgment requiring the payment of money shall be a lien
262.13 upon registered land, except as herein provided. Any person
262.14 claiming such lien shall file with the registrar a certified
262.15 copy of the judgment, together with a written statement
262.16 containing a description of each parcel of land in which the
262.17 judgment debtor has a registered interest and upon which the
262.18 lien is claimed, and a proper reference to the certificate or
262.19 certificates of title to such land. Upon filing such copy and
262.20 statement, the registrar shall enter a memorial of such judgment
262.21 upon each certificate designated in such statement, and the
262.22 judgment shall thereupon be and become a lien upon the judgment
262.23 debtor's interest in the land described in such certificate or
262.24 certificates. At any time after filing the certified copy of
262.25 such judgment, any person claiming the lien may, by filing a
262.26 written statement, as herein provided, cause a memorial of such
262.27 judgment to be entered upon any certificate of title to land in
262.28 which the judgment debtor has a registered interest and not
262.29 described in any previous statement and the judgment shall
262.30 thereupon be and become a lien upon the judgment debtor's
262.31 interest in such land. The public authority for child support
262.32 enforcement may present for filing a notice of judgment lien
262.33 under section 548.091 with identifying information for a parcel
262.34 of real property. Upon receipt of the notice of judgment lien,
262.35 the registrar shall enter a memorial of it upon each certificate
262.36 which can reasonably be identified as owned by the judgment
263.1 debtor on the basis of the information provided. The judgment
263.2 shall survive and the lien thereof shall continue for a period
263.3 of ten years from the date of the judgment and no longer, and
263.4 the registrar of titles shall not carry forward to a new
263.5 certificate of title the memorial of the judgment after that
263.6 period. In every case where an instrument of any description,
263.7 or a copy of any writ, order, or decree, is required by law to
263.8 be filed or recorded in order to create or preserve any lien,
263.9 writ, or attachment upon unregistered land, such instrument or
263.10 copy, if intended to affect registered land, shall, in lieu of
263.11 recording, be filed and registered with the registrar. In
263.12 addition to any facts required by law to be stated in such
263.13 instruments to entitle them to be filed or recorded, they shall
263.14 also contain a reference to the number of the certificate of
263.15 title of the land to be affected, and, if the attachment,
263.16 charge, or lien is not claimed on all the land described in any
263.17 certificate of title, such instrument shall contain a
263.18 description sufficient to identify the land.
263.19 Sec. 33. Minnesota Statutes 1996, section 508A.63, is
263.20 amended to read:
263.21 508A.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS;
263.22 JUDGMENTS.]
263.23 No judgment requiring the payment of money shall be a lien
263.24 upon land registered under sections 508A.01 to 508A.85, except
263.25 as herein provided. Any person claiming a lien shall file with
263.26 the registrar a certified copy of the judgment, together with a
263.27 written statement containing a description of each parcel of
263.28 land in which the judgment debtor has a registered interest and
263.29 upon which the lien is claimed, and a proper reference to the
263.30 CPT or CPTs to the land. Upon filing the copy and statement,
263.31 the registrar shall enter a memorial of the judgment upon each
263.32 CPT designated in the statement, and the judgment shall then be
263.33 and become a lien upon the judgment debtor's interest in the
263.34 land described in CPT or CPTs. At any time after filing the
263.35 certified copy of the judgment, any person claiming the lien
263.36 may, by filing a written statement, as herein provided, cause a
264.1 memorial of the judgment to be entered upon any CPT to land in
264.2 which the judgment debtor has a registered interest and not
264.3 described in any previous statement and the judgment shall then
264.4 be and become a lien upon the judgment debtor's interest in the
264.5 land. The public authority for child support enforcement may
264.6 present for filing a notice of judgment lien under section
264.7 548.091 with identifying information for a parcel of real
264.8 property. Upon receipt of the notice of judgment lien, the
264.9 registrar shall enter a memorial of it upon each certificate of
264.10 possessory title which reasonably can be identified as owned by
264.11 the judgment debtor on the basis of the information provided.
264.12 The judgment shall survive and the lien thereof shall continue
264.13 for a period of ten years from the date of the judgment and no
264.14 longer; and the registrar shall not carry forward to a new
264.15 certificate of title the memorial of the judgment after that
264.16 period. In every case where an instrument of any description,
264.17 or a copy of any writ, order, or decree, is required by law to
264.18 be filed or recorded in order to create or preserve any lien,
264.19 writ, or attachment upon unregistered land, the instrument or
264.20 copy, if intended to affect registered land, shall, in lieu of
264.21 recording, be filed and registered with the registrar. In
264.22 addition to any facts required by law to be stated in the
264.23 instruments to entitle them to be filed or recorded, they shall
264.24 also contain a reference to the number of the CPT of the land to
264.25 be affected. If the attachment, charge, or lien is not claimed
264.26 on all the land described in any CPT, the instrument shall
264.27 contain a description sufficient to identify the land.
264.28 Sec. 34. Minnesota Statutes 1996, section 517.08,
264.29 subdivision 1a, is amended to read:
264.30 Subd. 1a. Application for a marriage license shall be made
264.31 upon a form provided for the purpose and shall contain the
264.32 following information:
264.33 the full names of the parties,
264.34 their post office addresses and county and state of
264.35 residence,
264.36 their full ages,
265.1 if either party has previously been married, the party's
265.2 married name, and the date, place and court in which the
265.3 marriage was dissolved or annulled or the date and place of
265.4 death of the former spouse,
265.5 if either party is a minor, the name and address of the
265.6 minor's parents or guardian,
265.7 whether the parties are related to each other, and, if so,
265.8 their relationship,
265.9 the name and date of birth of any child of which both
265.10 parties are parents, born before the making of the application,
265.11 unless their parental rights and the parent and child
265.12 relationship with respect to the child have been terminated,
265.13 address of the bride and groom after the marriage to which
265.14 the court administrator shall send a certified copy of the
265.15 marriage certificate,
265.16 and the full names the parties will have after marriage and
265.17 the parties' social security numbers. The social security
265.18 numbers must be collected for the application but must not
265.19 appear on the marriage license.
265.20 Sec. 35. Minnesota Statutes 1996, section 518.005, is
265.21 amended by adding a subdivision to read:
265.22 Subd. 5. [PROHIBITED DISCLOSURE.] In all proceedings under
265.23 this chapter in which public assistance is assigned under
265.24 section 256.741 or the public authority provides services to a
265.25 party or parties to the proceedings, notwithstanding statutory
265.26 or other authorization for the public authority to release
265.27 private data on the location of a party to the action,
265.28 information on the location of one party may not be released by
265.29 the public authority to the other party if:
265.30 (1) the public authority has knowledge that a protective
265.31 order with respect to the other party has been entered; or
265.32 (2) the public authority has reason to believe that the
265.33 release of the information may result in physical or emotional
265.34 harm to the other party.
265.35 Sec. 36. Minnesota Statutes 1996, section 518.10, is
265.36 amended to read:
266.1 518.10 [REQUISITES OF PETITION.]
266.2 The petition for dissolution of marriage or legal
266.3 separation shall state and allege:
266.4 (a) The name and, address, and, in circumstances in which
266.5 child support or spousal maintenance will be addressed, social
266.6 security number of the petitioner and any prior or other name
266.7 used by the petitioner;
266.8 (b) The name and, if known, the address and, in
266.9 circumstances in which child support or spousal maintenance will
266.10 be addressed, social security number of the respondent and any
266.11 prior or other name used by the respondent and known to the
266.12 petitioner;
266.13 (c) The place and date of the marriage of the parties;
266.14 (d) In the case of a petition for dissolution, that either
266.15 the petitioner or the respondent or both:
266.16 (1) Has resided in this state for not less than 180 days
266.17 immediately preceding the commencement of the proceeding, or
266.18 (2) Has been a member of the armed services and has been
266.19 stationed in this state for not less than 180 days immediately
266.20 preceding the commencement of the proceeding, or
266.21 (3) Has been a domiciliary of this state for not less than
266.22 180 days immediately preceding the commencement of the
266.23 proceeding;
266.24 (e) The name at the time of the petition and any prior or
266.25 other name, age and date of birth of each living minor or
266.26 dependent child of the parties born before the marriage or born
266.27 or adopted during the marriage and a reference to, and the
266.28 expected date of birth of, a child of the parties conceived
266.29 during the marriage but not born;
266.30 (f) Whether or not a separate proceeding for dissolution,
266.31 legal separation, or custody is pending in a court in this state
266.32 or elsewhere;
266.33 (g) In the case of a petition for dissolution, that there
266.34 has been an irretrievable breakdown of the marriage
266.35 relationship;
266.36 (h) In the case of a petition for legal separation, that
267.1 there is a need for a decree of legal separation; and
267.2 (i) Any temporary or permanent maintenance, child support,
267.3 child custody, disposition of property, attorneys' fees, costs
267.4 and disbursements applied for without setting forth the amounts.
267.5 The petition shall be verified by the petitioner or
267.6 petitioners, and its allegations established by competent
267.7 evidence.
267.8 Sec. 37. Minnesota Statutes 1996, section 518.148,
267.9 subdivision 2, is amended to read:
267.10 Subd. 2. [REQUIRED INFORMATION.] The certificate shall
267.11 include the following information:
267.12 (1) the full caption and file number of the case and the
267.13 title "Certificate of Dissolution";
267.14 (2) the names and any prior or other names of the parties
267.15 to the dissolution;
267.16 (3) the names of any living minor or dependent children as
267.17 identified in the judgment and decree;
267.18 (4) that the marriage of the parties is dissolved; and
267.19 (5) the date of the judgment and decree; and
267.20 (6) the social security number of the parties to the
267.21 dissolution and the social security number of any living minor
267.22 or dependent children identified in the judgment and decree.
267.23 Sec. 38. Minnesota Statutes 1996, section 518.171,
267.24 subdivision 1, is amended to read:
267.25 Subdivision 1. [ORDER.] Compliance with this section
267.26 constitutes compliance with a qualified medical child support
267.27 order as described in the federal Employee Retirement Income
267.28 Security Act of 1974 (ERISA) as amended by the federal Omnibus
267.29 Budget Reconciliation Act of 1993 (OBRA).
267.30 (a) Every child support order must:
267.31 (1) expressly assign or reserve the responsibility for
267.32 maintaining medical insurance for the minor children and the
267.33 division of uninsured medical and dental costs; and
267.34 (2) contain the names and, last known addresses, if any and
267.35 social security number of the custodial parent and noncustodial
267.36 parent, of the dependents unless the court prohibits the
268.1 inclusion of an address or social security number and orders the
268.2 custodial parent to provide the address and social security
268.3 number to the administrator of the health plan. The court shall
268.4 order the party with the better group dependent health and
268.5 dental insurance coverage or health insurance plan to name the
268.6 minor child as beneficiary on any health and dental insurance
268.7 plan that is available to the party on:
268.8 (i) a group basis;
268.9 (ii) through an employer or union; or
268.10 (iii) through a group health plan governed under the ERISA
268.11 and included within the definitions relating to health plans
268.12 found in section 62A.011, 62A.048, or 62E.06, subdivision 2.
268.13 "Health insurance" or "health insurance coverage" as used in
268.14 this section means coverage that is comparable to or better than
268.15 a number two qualified plan as defined in section 62E.06,
268.16 subdivision 2. "Health insurance" or "health insurance
268.17 coverage" as used in this section does not include medical
268.18 assistance provided under chapter 256, 256B, or 256D.
268.19 (b) If the court finds that dependent health or dental
268.20 insurance is not available to the obligor or obligee on a group
268.21 basis or through an employer or union, or that group insurance
268.22 is not accessible to the obligee, the court may require the
268.23 obligor (1) to obtain other dependent health or dental
268.24 insurance, (2) to be liable for reasonable and necessary medical
268.25 or dental expenses of the child, or (3) to pay no less than $50
268.26 per month to be applied to the medical and dental expenses of
268.27 the children or to the cost of health insurance dependent
268.28 coverage.
268.29 (c) If the court finds that the available dependent health
268.30 or dental insurance does not pay all the reasonable and
268.31 necessary medical or dental expenses of the child, including any
268.32 existing or anticipated extraordinary medical expenses, and the
268.33 court finds that the obligor has the financial ability to
268.34 contribute to the payment of these medical or dental expenses,
268.35 the court shall require the obligor to be liable for all or a
268.36 portion of the medical or dental expenses of the child not
269.1 covered by the required health or dental plan. Medical and
269.2 dental expenses include, but are not limited to, necessary
269.3 orthodontia and eye care, including prescription lenses.
269.4 (d) Unless otherwise agreed by the parties and approved by
269.5 the court, if the court finds that the obligee is not receiving
269.6 public assistance for the child and has the financial ability to
269.7 contribute to the cost of medical and dental expenses for the
269.8 child, including the cost of insurance, the court shall order
269.9 the obligee and obligor to each assume a portion of these
269.10 expenses based on their proportionate share of their total net
269.11 income as defined in section 518.54, subdivision 6.
269.12 (e) Payments ordered under this section are subject to
269.13 section 518.611. An obligee who fails to apply payments
269.14 received to the medical expenses of the dependents may be found
269.15 in contempt of this order.
269.16 Sec. 39. Minnesota Statutes 1996, section 518.171,
269.17 subdivision 4, is amended to read:
269.18 Subd. 4. [EFFECT OF ORDER.] (a) The order is binding on
269.19 the employer or union and the health and dental insurance plan
269.20 when service under subdivision 3 has been made. In the case of
269.21 an obligor who changes employment and is required to provide
269.22 health coverage for the child, a new employer that provides
269.23 health care coverage shall enroll the child in the obligor's
269.24 health plan upon receipt of an order or notice for health
269.25 insurance, unless the obligor contests the enrollment. The
269.26 obligor may contest the enrollment on the limited grounds that
269.27 the enrollment is improper due to mistake of fact or that the
269.28 enrollment meets the requirements of section 518.64, subdivision
269.29 2. If the obligor chooses to contest the enrollment, the
269.30 obligor must do so no later than 15 days after the employer
269.31 notifies the obligor of the enrollment, by doing all of the
269.32 following:
269.33 (1) filing a request for contested hearing according to
269.34 section 518.5511, subdivision 3a;
269.35 (2) serving a copy of the request for contested hearing
269.36 upon the public authority and the obligee; and
270.1 (3) securing a date for the contested hearing no later than
270.2 45 days after the notice of enrollment.
270.3 (b) The enrollment must remain in place during the time
270.4 period in which the obligor contests the withholding.
270.5 An employer or union that is included under ERISA may not deny
270.6 enrollment based on exclusionary clauses described in section
270.7 62A.048. Upon receipt of the order, or upon application of the
270.8 obligor pursuant according to the order or notice, the employer
270.9 or union and its health and dental insurance plan shall enroll
270.10 the minor child as a beneficiary in the group insurance plan and
270.11 withhold any required premium from the obligor's income or
270.12 wages. If more than one plan is offered by the employer or
270.13 union, the child shall be enrolled in the least costly health
270.14 insurance plan otherwise available to the obligor that is
270.15 comparable to a number two qualified plan. If the obligor is
270.16 not enrolled in a health insurance plan, the employer or union
270.17 shall also enroll the obligor in the chosen plan if enrollment
270.18 of the obligor is necessary in order to obtain dependent
270.19 coverage under the plan. Enrollment of dependents and the
270.20 obligor shall be immediate and not dependent upon open
270.21 enrollment periods. Enrollment is not subject to the
270.22 underwriting policies described in section 62A.048.
270.23 (b) (c) An employer or union that willfully fails to comply
270.24 with the order is liable for any health or dental expenses
270.25 incurred by the dependents during the period of time the
270.26 dependents were eligible to be enrolled in the insurance
270.27 program, and for any other premium costs incurred because the
270.28 employer or union willfully failed to comply with the order. An
270.29 employer or union that fails to comply with the order is subject
270.30 to contempt under section 518.615 and is also subject to a fine
270.31 of $500 to be paid to the obligee or public authority. Fines
270.32 paid to the public authority are designated for child support
270.33 enforcement services.
270.34 (c) (d) Failure of the obligor to execute any documents
270.35 necessary to enroll the dependent in the group health and dental
270.36 insurance plan will not affect the obligation of the employer or
271.1 union and group health and dental insurance plan to enroll the
271.2 dependent in a plan. Information and authorization provided by
271.3 the public authority responsible for child support enforcement,
271.4 or by the custodial parent or guardian, is valid for the
271.5 purposes of meeting enrollment requirements of the health plan.
271.6 The insurance coverage for a child eligible under subdivision 5
271.7 shall not be terminated except as authorized in subdivision 5.
271.8 Sec. 40. Minnesota Statutes 1996, section 518.54, is
271.9 amended by adding a subdivision to read:
271.10 Subd. 4a. [SUPPORT ORDER.] "Support order" means a
271.11 judgment, decree, or order, whether temporary, final, or subject
271.12 to modification, issued by a court or administrative agency of
271.13 competent jurisdiction, for the support and maintenance of a
271.14 child, including a child who has attained the age of majority
271.15 under the law of the issuing state, or a child and the parent
271.16 with whom the child is living, that provides for monetary
271.17 support, child care, medical support including expenses for
271.18 confinement and pregnancy, arrearages, or reimbursement, and
271.19 that may include related costs and fees, interest and penalties,
271.20 income withholding, and other relief. This definition applies to
271.21 orders issued under this chapter and chapters 256, 257, and 518C.
271.22 Sec. 41. Minnesota Statutes 1996, section 518.54,
271.23 subdivision 6, is amended to read:
271.24 Subd. 6. [INCOME.] (a) "Income" means any form of periodic
271.25 payment to an individual including, but not limited to, wages,
271.26 salaries, payments to an independent contractor, workers'
271.27 compensation, reemployment insurance, annuity, military and
271.28 naval retirement, pension and disability payments. Benefits
271.29 received under sections 256.72 to 256.87 and chapter 256D Title
271.30 IV-A of the Social Security Act are not income under this
271.31 section.
271.32 (b) Income also includes nonperiodic distributions of
271.33 workers' compensation claims, reemployment claims, personal
271.34 injury recoveries for lost wages or salary, proceeds from a
271.35 lawsuit for lost wages or salary, severance pay, and bonuses.
271.36 Sec. 42. Minnesota Statutes 1996, section 518.551,
272.1 subdivision 12, is amended to read:
272.2 Subd. 12. [OCCUPATIONAL LICENSE SUSPENSION.] (a) Upon
272.3 motion of an obligee, if the court finds that the obligor is or
272.4 may be licensed by a licensing board listed in section 214.01 or
272.5 other state, county, or municipal agency or board that issues an
272.6 occupational license and the obligor is in arrears in
272.7 court-ordered child support or maintenance payments or both in
272.8 an amount equal to or greater than three times the obligor's
272.9 total monthly support and maintenance payments and is not in
272.10 compliance with a written payment agreement regarding both
272.11 current support and arrearages approved by the court, an
272.12 administrative law judge, or the public authority, the
272.13 administrative law judge, or the court shall direct the
272.14 licensing board or other licensing agency to suspend the license
272.15 under section 214.101. The court's order must be stayed for 90
272.16 days in order to allow the obligor to execute a written payment
272.17 agreement regarding both current support and arrearages. The
272.18 payment agreement must be approved by either the court or the
272.19 public authority responsible for child support enforcement. If
272.20 the obligor has not executed or is not in compliance with a
272.21 written payment agreement regarding both current support and
272.22 arrearages after the 90 days expires, the court's order becomes
272.23 effective. If the obligor is a licensed attorney, the court
272.24 shall report the matter to the lawyers professional
272.25 responsibility board for appropriate action in accordance with
272.26 the rules of professional conduct. The remedy under this
272.27 subdivision is in addition to any other enforcement remedy
272.28 available to the court.
272.29 (b) If a public authority responsible for child support
272.30 enforcement finds that the obligor is or may be licensed by a
272.31 licensing board listed in section 214.01 or other state, county,
272.32 or municipal agency or board that issues an occupational license
272.33 and the obligor is in arrears in court-ordered child support or
272.34 maintenance payments or both in an amount equal to or greater
272.35 than three times the obligor's total monthly support and
272.36 maintenance payments and is not in compliance with a written
273.1 payment agreement regarding both current support and arrearages
273.2 approved by the court, an administrative law judge, or the
273.3 public authority, the court, an administrative law judge, or the
273.4 public authority shall direct the licensing board or other
273.5 licensing agency to suspend the license under section 214.101.
273.6 If the obligor is a licensed attorney, the public authority may
273.7 report the matter to the lawyers professional responsibility
273.8 board for appropriate action in accordance with the rules of
273.9 professional conduct. The remedy under this subdivision is in
273.10 addition to any other enforcement remedy available to the public
273.11 authority.
273.12 (c) At least 90 days before notifying a licensing authority
273.13 or the lawyers professional responsibility board under paragraph
273.14 (b), the public authority shall mail a written notice to the
273.15 license holder addressed to the license holder's last known
273.16 address that the public authority intends to seek license
273.17 suspension under this subdivision and that the license holder
273.18 must request a hearing within 30 days in order to contest the
273.19 suspension. If the license holder makes a written request for a
273.20 hearing within 30 days of the date of the notice, either a court
273.21 hearing or a contested administrative proceeding must be held
273.22 under section 518.5511, subdivision 4. Notwithstanding any law
273.23 to the contrary, the license holder must be served with 14 days'
273.24 notice in writing specifying the time and place of the hearing
273.25 and the allegations against the license holder. The notice may
273.26 be served personally or by mail. If the public authority does
273.27 not receive a request for a hearing within 30 days of the date
273.28 of the notice, and the obligor does not execute a written
273.29 payment agreement regarding both current support and arrearages
273.30 approved by the court, an administrative law judge or the public
273.31 authority within 90 days of the date of the notice, the public
273.32 authority shall direct the licensing board or other licensing
273.33 agency to suspend the obligor's license under paragraph (b), or
273.34 shall report the matter to the lawyers professional
273.35 responsibility board.
273.36 (d) The administrative law judge, on behalf of the public
274.1 authority, or the court shall notify the lawyers professional
274.2 responsibility board for appropriate action in accordance with
274.3 the rules of professional responsibility conduct or order the
274.4 licensing board or licensing agency to suspend the license if
274.5 the judge finds that:
274.6 (1) the person is licensed by a licensing board or other
274.7 state agency that issues an occupational license;
274.8 (2) the person has not made full payment of arrearages
274.9 found to be due by the public authority; and
274.10 (3) the person has not executed or is not in compliance
274.11 with a payment plan approved by the court, an administrative law
274.12 judge, or the public authority.
274.13 (e) Within 15 days of the date on which the obligor either
274.14 makes full payment of arrearages found to be due by the court or
274.15 public authority or executes and initiates good faith compliance
274.16 with a written payment plan approved by the court, an
274.17 administrative law judge, or the public authority, the court, an
274.18 administrative law judge, or the public authority responsible
274.19 for child support enforcement shall notify the licensing board
274.20 or licensing agency or the lawyers professional responsibility
274.21 board that the obligor is no longer ineligible for license
274.22 issuance, reinstatement, or renewal under this subdivision.
274.23 (f) In addition to the criteria established under this
274.24 section for the suspension of an obligor's occupational license,
274.25 a court, an administrative law judge, or the public authority
274.26 may direct the licensing board or other licensing agency to
274.27 suspend the license of a party who has failed, after receiving
274.28 notice, to comply with a subpoena relating to a paternity or
274.29 child support proceeding.
274.30 (g) The license of an obligor who fails to remain in
274.31 compliance with an approved payment agreement may be suspended.
274.32 Notice to the obligor of an intent to suspend under this
274.33 paragraph must be served by first class mail at the obligor's
274.34 last known address and must include a notice of hearing. The
274.35 notice must be served upon the obligor not less than ten days
274.36 before the date of the hearing. If the obligor appears at the
275.1 hearing and the judge determines that the obligor has failed to
275.2 comply with an approved payment agreement, the judge shall
275.3 notify the occupational licensing board or agency to suspend the
275.4 obligor's license under paragraph (c). If the obligor fails to
275.5 appear at the hearing, the public authority may notify the
275.6 occupational or licensing board to suspend the obligor's license
275.7 under paragraph (c).
275.8 Sec. 43. Minnesota Statutes 1996, section 518.551,
275.9 subdivision 13, is amended to read:
275.10 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion
275.11 of an obligee, which has been properly served on the obligor and
275.12 upon which there has been an opportunity for hearing, if a court
275.13 finds that the obligor has been or may be issued a driver's
275.14 license by the commissioner of public safety and the obligor is
275.15 in arrears in court-ordered child support or maintenance
275.16 payments, or both, in an amount equal to or greater than three
275.17 times the obligor's total monthly support and maintenance
275.18 payments and is not in compliance with a written payment
275.19 agreement regarding both current support and arrearages approved
275.20 by the court, an administrative law judge, or the public
275.21 authority, the court shall order the commissioner of public
275.22 safety to suspend the obligor's driver's license. The court's
275.23 order must be stayed for 90 days in order to allow the obligor
275.24 to execute a written payment agreement regarding both current
275.25 support and arrearages, which payment agreement must be approved
275.26 by either the court or the public authority responsible for
275.27 child support enforcement. If the obligor has not executed or
275.28 is not in compliance with a written payment agreement regarding
275.29 both current support and arrearages after the 90 days expires,
275.30 the court's order becomes effective and the commissioner of
275.31 public safety shall suspend the obligor's driver's license. The
275.32 remedy under this subdivision is in addition to any other
275.33 enforcement remedy available to the court. An obligee may not
275.34 bring a motion under this paragraph within 12 months of a denial
275.35 of a previous motion under this paragraph.
275.36 (b) If a public authority responsible for child support
276.1 enforcement determines that the obligor has been or may be
276.2 issued a driver's license by the commissioner of public safety
276.3 and the obligor is in arrears in court-ordered child support or
276.4 maintenance payments or both in an amount equal to or greater
276.5 than three times the obligor's total monthly support and
276.6 maintenance payments and not in compliance with a written
276.7 payment agreement regarding both current support and arrearages
276.8 approved by the court, an administrative law judge, or the
276.9 public authority, the public authority shall direct the
276.10 commissioner of public safety to suspend the obligor's driver's
276.11 license. The remedy under this subdivision is in addition to
276.12 any other enforcement remedy available to the public authority.
276.13 (c) At least 90 days prior to notifying the commissioner of
276.14 public safety pursuant according to paragraph (b), the public
276.15 authority must mail a written notice to the obligor at the
276.16 obligor's last known address, that it intends to seek suspension
276.17 of the obligor's driver's license and that the obligor must
276.18 request a hearing within 30 days in order to contest the
276.19 suspension. If the obligor makes a written request for a
276.20 hearing within 30 days of the date of the notice, either a court
276.21 hearing or a contested administrative proceeding must be held
276.22 under section 518.5511, subdivision 4. Notwithstanding any law
276.23 to the contrary, the obligor must be served with 14 days' notice
276.24 in writing specifying the time and place of the hearing and the
276.25 allegations against the obligor. The notice may be served
276.26 personally or by mail. If the public authority does not receive
276.27 a request for a hearing within 30 days of the date of the
276.28 notice, and the obligor does not execute a written payment
276.29 agreement regarding both current support and arrearages approved
276.30 by the court, an administrative law judge, or the public
276.31 authority within 90 days of the date of the notice, the public
276.32 authority shall direct the commissioner of public safety to
276.33 suspend the obligor's driver's license under paragraph (b).
276.34 (d) At a hearing requested by the obligor under paragraph
276.35 (c), and on finding that the obligor is in arrears in
276.36 court-ordered child support or maintenance payments or both in
277.1 an amount equal to or greater than three times the obligor's
277.2 total monthly support and maintenance payments, the district
277.3 court or the administrative law judge shall order the
277.4 commissioner of public safety to suspend the obligor's driver's
277.5 license or operating privileges unless the court or
277.6 administrative law judge determines that the obligor has
277.7 executed and is in compliance with a written payment agreement
277.8 regarding both current support and arrearages approved by the
277.9 court, an administrative law judge, or the public authority.
277.10 (e) An obligor whose driver's license or operating
277.11 privileges are suspended may provide proof to the court or the
277.12 public authority responsible for child support enforcement that
277.13 the obligor is in compliance with all written payment agreements
277.14 regarding both current support and arrearages. Within 15 days
277.15 of the receipt of that proof, the court or public authority
277.16 shall inform the commissioner of public safety that the
277.17 obligor's driver's license or operating privileges should no
277.18 longer be suspended.
277.19 (f) On January 15, 1997, and every two years after that,
277.20 the commissioner of human services shall submit a report to the
277.21 legislature that identifies the following information relevant
277.22 to the implementation of this section:
277.23 (1) the number of child support obligors notified of an
277.24 intent to suspend a driver's license;
277.25 (2) the amount collected in payments from the child support
277.26 obligors notified of an intent to suspend a driver's license;
277.27 (3) the number of cases paid in full and payment agreements
277.28 executed in response to notification of an intent to suspend a
277.29 driver's license;
277.30 (4) the number of cases in which there has been
277.31 notification and no payments or payment agreements;
277.32 (5) the number of driver's licenses suspended; and
277.33 (6) the cost of implementation and operation of the
277.34 requirements of this section.
277.35 (g) In addition to the criteria established under this
277.36 section for the suspension of an obligor's driver's license, a
278.1 court, an administrative law judge, or the public authority may
278.2 direct the commissioner of public safety to suspend the license
278.3 of a party who has failed, after receiving notice, to comply
278.4 with a subpoena relating to a paternity or child support
278.5 proceeding. Notice to an obligor of intent to suspend must be
278.6 served by first class mail at the obligor's last known address.
278.7 The notice must inform the obligor of the right to request a
278.8 hearing. If the obligor makes a written request within ten days
278.9 of the date of the hearing, a contested administrative
278.10 proceeding must be held under section 518.5511, subdivision 4.
278.11 At the hearing, the only issues to be considered are mistake of
278.12 fact and whether the obligor received the subpoena.
278.13 (h) The license of an obligor who fails to remain in
278.14 compliance with an approved payment agreement may be suspended.
278.15 Notice to the obligor of an intent to suspend under this
278.16 paragraph must be served by first class mail at the obligor's
278.17 last known address and must include a notice of hearing. The
278.18 notice must be served upon the obligor not less than ten days
278.19 before the date of the hearing. If the obligor appears at the
278.20 hearing and the judge determines that the obligor has failed to
278.21 comply with an approved payment agreement, the judge shall
278.22 notify the department of public safety to suspend the obligor's
278.23 license under paragraph (c). If the obligor fails to appear at
278.24 the hearing, the public authority may notify the department of
278.25 public safety to suspend the obligor's license under paragraph
278.26 (c).
278.27 Sec. 44. Minnesota Statutes 1996, section 518.5512,
278.28 subdivision 2, is amended to read:
278.29 Subd. 2. [PATERNITY.] (a) After service of the notice and
278.30 proposed order, a nonattorney employee of the public authority
278.31 may request an administrative law judge or the district court to
278.32 order the child, mother, or alleged father to submit to blood or
278.33 genetic tests. The order is effective when signed by an
278.34 administrative law judge or the district court. Failure to
278.35 comply with the order for blood or genetic tests may result in a
278.36 default determination of parentage.
279.1 (b) If parentage is contested at the administrative
279.2 hearing, the administrative law judge may order temporary child
279.3 support under section 257.62, subdivision 5, and shall refer the
279.4 case to the district court.
279.5 (c) The district court may appoint counsel for an indigent
279.6 alleged father only after the return of the blood or genetic
279.7 test results from the testing laboratory.
279.8 Sec. 45. Minnesota Statutes 1996, section 518.5512, is
279.9 amended by adding a subdivision to read:
279.10 Subd. 6. [ADMINISTRATIVE AUTHORITY.] (a) In each case in
279.11 which support rights are assigned under section 256.741,
279.12 subdivision 2, or where the public authority is providing
279.13 services under an application for child support services, a
279.14 nonattorney employee of the public authority may, without
279.15 requirement of a court order:
279.16 (1) recognize and enforce orders of child support agencies
279.17 of other states;
279.18 (2) compel by subpoena the production of all papers, books,
279.19 records, documents, or other evidentiary material needed to
279.20 establish a parentage or child support order or to modify or
279.21 enforce a child support order;
279.22 (3) change the payee to the appropriate person,
279.23 organization, or agency authorized to receive or collect child
279.24 support or any other person or agency designated as the
279.25 caretaker of the child by agreement of the legal custodian or by
279.26 court order;
279.27 (4) order income withholding of child support under section
279.28 518.6111;
279.29 (5) secure assets to satisfy the debt or arrearage in cases
279.30 in which there is a support debt or arrearage by: (i)
279.31 intercepting or seizing periodic or lump sum payments from state
279.32 or local agencies, including reemployment insurance, workers'
279.33 compensation payments, judgments, settlements, and lotteries;
279.34 (ii) attaching and seizing assets of the obligor held in
279.35 financial institutions or public or private retirement funds;
279.36 and (iii) imposing liens and, in appropriate cases, forcing the
280.1 sale of property and the distribution of proceeds; and
280.2 (6) increase the amount of the monthly support payments to
280.3 include amounts for debts or arrearages for the purpose of
280.4 securing overdue support.
280.5 (b) Subpoenas may be served anywhere within the state and
280.6 served outside the state in the same manner as prescribed by law
280.7 for service of process of subpoenas issued by the district court
280.8 of this state. When a subpoena under this subdivision is served
280.9 on a third-party recordkeeper, written notice of the subpoena
280.10 shall be mailed to the person who is the subject of the
280.11 subpoenaed material at the person's last known address within
280.12 three days of the day the subpoena is served. This notice
280.13 provision does not apply if there is reasonable cause to believe
280.14 the giving of the notice may lead to interference with the
280.15 production of the subpoenaed documents.
280.16 (c) A person served with a subpoena may make a written
280.17 objection to the public authority or court before the time
280.18 specified in the subpoena for compliance. The public authority
280.19 or the court shall cancel or modify the subpoena, if
280.20 appropriate. The public authority shall pay the reasonable
280.21 costs of producing the documents, if requested.
280.22 (d) Subpoenas shall be enforceable in the same manner as
280.23 subpoenas of the district court, in proceedings initiated by
280.24 complaint of the public authority in the district court.
280.25 Sec. 46. Minnesota Statutes 1996, section 518.5512, is
280.26 amended by adding a subdivision to read:
280.27 Subd. 7. [CONTROLLING ORDER DETERMINATION.] The public
280.28 authority or a party may request the office of administrative
280.29 hearings to determine a controlling order according to section
280.30 518C.207, paragraph (c).
280.31 Sec. 47. Minnesota Statutes 1996, section 518.575, is
280.32 amended to read:
280.33 518.575 [PUBLICATION OF NAMES OF DELINQUENT CHILD SUPPORT
280.34 OBLIGORS.]
280.35 Subdivision 1. [PUBLICATION OF MAKING NAMES PUBLIC.] Twice
280.36 each year, At least once each year, the commissioner of human
281.1 services, in consultation with the attorney general, shall
281.2 publish a list of the names and last known addresses of each
281.3 person and other identifying information of no more than 25
281.4 persons who (1) is a are child support obligor obligors,
281.5 (2) is are at least $3,000 $10,000 in arrears, and (3) is
281.6 not in compliance with a written payment agreement regarding
281.7 both current support and arrearages approved by the court, an
281.8 administrative law judge, or the public authority. The
281.9 commissioner of human services shall publish the name of each
281.10 obligor in the newspaper or newspapers of widest circulation in
281.11 the area where the obligor is most likely to be residing. For
281.12 each publication, the commissioner shall release the list of all
281.13 names being published not earlier than the first day on which
281.14 names appear in any newspaper. An obligor's name may not be
281.15 published if the obligor claims in writing, and the commissioner
281.16 of human services determines, there is good cause for the
281.17 nonpayment of child support. Good cause includes the
281.18 following: (i) there is a mistake in the obligor's identity or
281.19 the amount of the obligor's arrears; (ii) arrears are reserved
281.20 by the court or there is a pending legal action concerning the
281.21 unpaid child support; or (iii) other circumstances as determined
281.22 by the commissioner. The list must be based on the best
281.23 information available to the state at the time of
281.24 publication are not in compliance with a written payment
281.25 agreement regarding both current support and arrearages approved
281.26 by the court, an administrative law judge, or the public
281.27 authority, (4) cannot currently be located by the public
281.28 authority for the purposes of enforcing a support order, and (5)
281.29 have not made a support payment except tax intercept payments,
281.30 in the preceding 12 months.
281.31 Identifying information may include the obligor's name,
281.32 last known address, amount owed, date of birth, photograph, the
281.33 number of children for whom support is owed, and any additional
281.34 information about the obligor that would assist in identifying
281.35 or locating the obligor. The commissioner and attorney general
281.36 may use posters, media presentations, electronic technology, and
282.1 other means that the commissioner and attorney general determine
282.2 are appropriate for dissemination of the information, including
282.3 publication on the Internet. The commissioner and attorney
282.4 general may make any or all of the identifying information
282.5 regarding these persons public. Information regarding an
282.6 obligor who meets the criteria in this subdivision will only be
282.7 made public subsequent to that person's selection by the
282.8 commissioner and attorney general.
282.9 Before publishing making public the name of the obligor,
282.10 the department of human services shall send a notice to the
282.11 obligor's last known address which states the department's
282.12 intention to publish the obligor's name and the amount of child
282.13 support the obligor owes make public information on the
282.14 obligor. The notice must also provide an opportunity to have
282.15 the obligor's name removed from the list by paying the arrearage
282.16 or by entering into an agreement to pay the arrearage, and or by
282.17 providing information to the public authority that there is good
282.18 cause not to make the information public. The notice must
282.19 include the final date when the payment or agreement can be
282.20 accepted.
282.21 The department of human services shall insert with the
282.22 notices sent to the obligee, a notice stating the intent to
282.23 publish the obligor's name, and the criteria used to determine
282.24 the publication of the obligor's name obtain the written consent
282.25 of the obligee to make the name of the obligor public.
282.26 Subd. 2. [NAMES PUBLISHED IN ERROR.] If the
282.27 commissioner publishes makes public a name under subdivision 1
282.28 which is in error, the commissioner must also offer to publish a
282.29 printed retraction and a public apology acknowledging that the
282.30 name was published made public in error. If the person whose
282.31 name was made public in error elects the public retraction and
282.32 apology, the retraction and apology must appear in each
282.33 publication that included the same medium and the same format as
282.34 the original notice with the name listed in error, and it must
282.35 appear in the same type size and appear the same number of times
282.36 as the original notice. In addition to the right of a public
283.1 retraction and apology, a person whose name was made public in
283.2 error has a civil action for damages caused by the error.
283.3 Sec. 48. [518.6111] [INCOME WITHHOLDING.]
283.4 Subdivision 1. [DEFINITIONS.] (a) For the purpose of this
283.5 section, the following terms have the meanings provided in this
283.6 subdivision unless otherwise stated.
283.7 (b) "Payor of funds" means any person or entity that
283.8 provides funds to an obligor, including an employer as defined
283.9 under chapter 24 of the Internal Revenue Code, section 3401(d),
283.10 an independent contractor, payor of worker's compensation
283.11 benefits or reemployment insurance, or a financial institution
283.12 as defined in section 13B.06.
283.13 (c) "Business day" means a day on which state offices are
283.14 open for regular business.
283.15 (d) "Arrears" means amounts owed under a support order that
283.16 are past due.
283.17 Subd. 2. [APPLICATION.] This section applies to all
283.18 support orders issued by a court or an administrative tribunal
283.19 and orders for or notices of withholding issued by the public
283.20 authority according to section 518.5512, subdivision 6,
283.21 paragraph (a), clause (4).
283.22 Subd. 3. [ORDER.] Every support order must address income
283.23 withholding. Whenever a support order is initially entered or
283.24 modified, the full amount of the support order must be withheld
283.25 from the income of the obligor and forwarded to the public
283.26 authority. Every order for support or maintenance shall provide
283.27 for a conspicuous notice of the provisions of this section that
283.28 complies with section 518.68, subdivision 2. An order without
283.29 this notice remains subject to this section. This section
283.30 applies regardless of the source of income of the person
283.31 obligated to pay the support or maintenance.
283.32 A payor of funds shall implement income withholding
283.33 according to this section upon receipt of an order for or notice
283.34 of withholding. The notice of withholding shall be on a form
283.35 provided by the commissioner of human services.
283.36 Subd. 4. [COLLECTION SERVICES.] The commissioner of human
284.1 services shall prepare and make available to the courts a notice
284.2 of services that explains child support and maintenance
284.3 collection services available through the public authority,
284.4 including income withholding. Upon receiving a petition for
284.5 dissolution of marriage or legal separation, the court
284.6 administrator shall promptly send the notice of services to the
284.7 petitioner and respondent at the addresses stated in the
284.8 petition.
284.9 Upon receipt of a support order requiring income
284.10 withholding, a petitioner or respondent, who is not a recipient
284.11 of public assistance and does not receive child support services
284.12 from the public authority, shall apply to the public authority
284.13 for either full child support collection services or for income
284.14 withholding only services.
284.15 For those persons applying for income withholding only
284.16 services, a monthly service fee of $15 must be charged to the
284.17 obligor. This fee is in addition to the amount of the support
284.18 order and shall be withheld through income withholding. The
284.19 public authority shall explain the service options in this
284.20 section to the affected parties and encourage the application
284.21 for full child support collection services.
284.22 Subd. 5. [PAYOR OF FUNDS RESPONSIBILITIES.] (a) An order
284.23 for or notice of withholding is binding on a payor of funds upon
284.24 receipt. Withholding must begin no later than the first pay
284.25 period that occurs after 14 days following the date of receipt
284.26 of the order for or notice of withholding. In the case of a
284.27 financial institution, preauthorized transfers must occur in
284.28 accordance with a court-ordered payment schedule.
284.29 (b) A payor of funds shall withhold from the income payable
284.30 to the obligor the amount specified in the order or notice of
284.31 withholding and amounts specified under subdivisions 6 and 9 and
284.32 shall remit the amounts withheld to the public authority within
284.33 seven business days of the date the obligor is paid the
284.34 remainder of the income. The payor of funds shall include with
284.35 the remittance the social security number of the obligor, the
284.36 case type indicator as provided by the public authority and the
285.1 date the obligor is paid the remainder of the income. The
285.2 obligor is considered to have paid the amount withheld as of the
285.3 date the obligor received the remainder of the income. A payor
285.4 of funds may combine all amounts withheld from one pay period
285.5 into one payment to each public authority, but shall separately
285.6 identify each obligor making payment.
285.7 (c) A payor of funds shall not discharge, or refuse to
285.8 hire, or otherwise discipline an employee as a result of wage or
285.9 salary withholding authorized by this section. A payor of funds
285.10 shall be liable to the obligee for any amounts required to be
285.11 withheld. A payor of funds that fails to withhold or transfer
285.12 funds in accordance with this section is also liable to the
285.13 obligee for interest on the funds at the rate applicable to
285.14 judgments under section 549.09, computed from the date the funds
285.15 were required to be withheld or transferred. A payor of funds
285.16 is liable for reasonable attorney fees of the obligee or public
285.17 authority incurred in enforcing the liability under this
285.18 paragraph. A payor of funds that has failed to comply with the
285.19 requirements of this section is subject to contempt sanctions
285.20 under section 518.615. If the payor of funds is an employer or
285.21 independent contractor and violates this subdivision, a court
285.22 may award the obligor twice the wages lost as a result of this
285.23 violation. If a court finds a payor of funds violated this
285.24 subdivision, the court shall impose a civil fine of not less
285.25 than $500.
285.26 (d) If a single employee is subject to multiple withholding
285.27 orders or multiple notices of withholding for the support of
285.28 more than one child, the payor of funds shall comply with all of
285.29 the orders or notices to the extent that the total amount
285.30 withheld from the obligor's income does not exceed the limits
285.31 imposed under the Consumer Credit Protection Act, Chapter 15 of
285.32 the United States Code section 1637(b), giving priority to
285.33 amounts designated in each order or notice as current support as
285.34 follows:
285.35 (1) if the total of the amounts designated in the orders
285.36 for or notices of withholding as current support exceeds the
286.1 amount available for income withholding, the payor of funds
286.2 shall allocate to each order or notice an amount for current
286.3 support equal to the amount designated in that order or notice
286.4 as current support, divided by the total of the amounts
286.5 designated in the orders or notices as current support,
286.6 multiplied by the amount of the income available for income
286.7 withholding; and
286.8 (2) if the total of the amounts designated in the orders
286.9 for or notices of withholding as current support does not exceed
286.10 the amount available for income withholding, the payor of funds
286.11 shall pay the amounts designated as current support, and shall
286.12 allocate to each order or notice an amount for past due support,
286.13 equal to the amount designated in that order or notice as past
286.14 due support, divided by the total of the amounts designated in
286.15 the orders or notices as past due support, multiplied by the
286.16 amount of income remaining available for income withholding
286.17 after the payment of current support.
286.18 (e) When an order for or notice of withholding is in effect
286.19 and the obligor's employment is terminated, the obligor and the
286.20 payor of funds shall notify the public authority of the
286.21 termination within ten days of the termination date. The
286.22 termination notice shall include the obligor's home address and
286.23 the name and address of the obligor's new payor of funds, if
286.24 known.
286.25 (f) A payor of funds may deduct one dollar from the
286.26 obligor's remaining salary for each payment made pursuant to an
286.27 order for or notice of withholding under this section to cover
286.28 the expenses of withholding.
286.29 Subd. 6. [FINANCIAL INSTITUTIONS.] (a) If income
286.30 withholding is ineffective due to the obligor's method of
286.31 obtaining income, the court shall order the obligor to identify
286.32 a child support deposit account owned solely by the obligor, or
286.33 to establish an account, in a financial institution located in
286.34 this state for the purpose of depositing court-ordered child
286.35 support payments. The court shall order the obligor to execute
286.36 an agreement with the appropriate public authority for
287.1 preauthorized transfers from the obligor's child support account
287.2 payable to an account of the public authority. The court shall
287.3 order the obligor to disclose to the court all deposit accounts
287.4 owned by the obligor in whole or in part in any financial
287.5 institution. The court may order the obligor to disclose to the
287.6 court the opening or closing of any deposit account owned in
287.7 whole or in part by the obligor within 30 days of the opening or
287.8 closing. The court may order the obligor to execute an
287.9 agreement with the appropriate public authority for
287.10 preauthorized transfers from any deposit account owned in whole
287.11 or in part by the obligor to the obligor's child support deposit
287.12 account if necessary to satisfy court-ordered child support
287.13 payments. The court may order a financial institution to
287.14 disclose to the court the account number and any other
287.15 information regarding accounts owned in whole or in part by the
287.16 obligor. An obligor who fails to comply with this subdivision,
287.17 fails to deposit funds in at least one deposit account
287.18 sufficient to pay court-ordered child support, or stops payment
287.19 or revokes authorization of any preauthorized transfer is
287.20 subject to contempt of court procedures under chapter 588.
287.21 (b) A financial institution shall execute preauthorized
287.22 transfers for the deposit accounts of the obligor in the amount
287.23 specified in the order and amounts required under this section
287.24 as directed by the public authority. A financial institution is
287.25 liable to the obligee if funds in any of the obligor's deposit
287.26 accounts identified in the court order equal the amount stated
287.27 in the preauthorization agreement but are not transferred by the
287.28 financial institution in accordance with the agreement.
287.29 Subd. 7. [SUBSEQUENT INCOME WITHHOLDING.] (a) This
287.30 subdivision applies to support orders that do not contain
287.31 provisions for income withholding.
287.32 (b) For cases in which the public authority is providing
287.33 child support enforcement services to the parties, the income
287.34 withholding under this subdivision shall take effect without
287.35 prior judicial notice to the obligor and without the need for
287.36 judicial or administrative hearing. Withholding shall result
288.1 when:
288.2 (1) the obligor requests it in writing to the public
288.3 authority;
288.4 (2) the obligee or obligor serves on the public authority a
288.5 copy of the notice of income withholding, a copy of the court's
288.6 order, an application, and the fee to use the public authority's
288.7 collection services; or
288.8 (3) the public authority commences withholding according to
288.9 section 518.5512, subdivision 6, paragraph (a), clause (4).
288.10 (c) For cases in which the public authority is not
288.11 providing child support services to the parties, income
288.12 withholding under this subdivision shall take effect when an
288.13 obligee requests it by making a written motion to the court and
288.14 the court finds that previous support has not been paid on a
288.15 timely consistent basis or that the obligor has threatened
288.16 expressly or otherwise to stop or reduce payments;
288.17 (d) Within two days after the public authority commences
288.18 withholding under this subdivision, the public authority shall
288.19 send to the obligor at the obligor's last known address, notice
288.20 that withholding has commenced. The notice shall include the
288.21 information provided to the payor of funds in the notice of
288.22 withholding.
288.23 Subd. 8. [CONTEST.] (a) The obligor may contest
288.24 withholding under subdivision 7 on the limited grounds that the
288.25 withholding or the amount withheld is improper due to mistake of
288.26 fact. If the obligor chooses to contest the withholding, the
288.27 obligor must do so no later than 15 days after the employer
288.28 commences withholding, by doing all of the following:
288.29 (1) file a request for contested hearing according to
288.30 section 518.5511, subdivision 4, and include in the request the
288.31 alleged mistake of fact;
288.32 (2) serve a copy of the request for contested hearing upon
288.33 the public authority and the obligee; and
288.34 (3) secure a date for the contested hearing no later than
288.35 45 days after receiving notice that withholding has commenced.
288.36 (b) The income withholding must remain in place while the
289.1 obligor contests the withholding.
289.2 (c) If the court finds a mistake in the amount of the
289.3 arrearage to be withheld, the court shall continue the income
289.4 withholding, but it shall correct the amount of the arrearage to
289.5 be withheld.
289.6 Subd. 9. [PRIORITY.] (a) An order for or notice of
289.7 withholding under this section or execution or garnishment upon
289.8 a judgment for child support arrearage or preadjudicated
289.9 expenses shall have priority over an attachment, execution,
289.10 garnishment, or wage assignment and shall not be subject to the
289.11 statutory limitations on amounts levied against the income of
289.12 the obligor. Amounts withheld from an employee's income must
289.13 not exceed the maximum permitted under the Consumer Credit
289.14 Protection Act, title 15 of the United States Code, section
289.15 1673(b).
289.16 (b) If more than one order for or notice of withholding
289.17 exists involving the same obligor and child, the public
289.18 authority shall enforce the most current order or notice. An
289.19 order for or notice of withholding that was previously
289.20 implemented according to this section shall end as of the date
289.21 of the most current order. The public authority shall notify
289.22 the payor of funds to withhold under the most current
289.23 withholding order or notice.
289.24 Subd. 10. [ARREARAGE ORDER.] (a) This section does not
289.25 prevent the court from ordering the payor of funds to withhold
289.26 amounts to satisfy the obligor's previous arrearage in support
289.27 order payments. This remedy shall not operate to exclude
289.28 availability of other remedies to enforce judgments. The
289.29 employer or payor of funds shall withhold from the obligor's
289.30 income an additional amount equal to 20 percent of the monthly
289.31 child support or maintenance obligation until the arrearage is
289.32 paid.
289.33 (b) Notwithstanding any law to the contrary, funds from
289.34 income sources included in section 518.54, subdivision 6,
289.35 whether periodic or lump sum, are not exempt from attachment or
289.36 execution upon a judgment for child support arrearage.
290.1 (c) Absent an order to the contrary, if an arrearage exists
290.2 at the time a support order would otherwise terminate, income
290.3 withholding shall continue in effect or may be implemented in an
290.4 amount equal to the support order plus an additional 20 percent
290.5 of the monthly child support obligation, until all arrears have
290.6 been paid in full.
290.7 Subd. 11. [LUMP-SUM PAYMENTS.] Before transmittal to the
290.8 obligor of a lump-sum payment of $500 or more including, but not
290.9 limited to, severance pay, accumulated sick pay, vacation pay,
290.10 bonuses, commissions, or other pay or benefits, a payor of funds:
290.11 (1) who has been served with an order for or notice of
290.12 income withholding under this section shall:
290.13 (i) notify the public authority of the lump-sum payment
290.14 that is to be paid to the obligor;
290.15 (ii) hold the lump-sum payment for 30 days after the date
290.16 on which the lump-sum payment would otherwise have been paid to
290.17 the obligor, notwithstanding sections 176.221, 176.225, 176.521,
290.18 181.08, 181.101, 181.11, 181.13, and 181.145, and Minnesota
290.19 Rules, part 1415.2000, subpart 10; and
290.20 (iii) upon order of the court, and after a showing of past
290.21 willful nonpayment of support, pay any specified amount of the
290.22 lump-sum payment to the public authority for future support; or
290.23 (2) shall pay the lessor of the amount of the lump-sum
290.24 payment or the total amount of the judgment and arrearages upon
290.25 service by United States mail of a sworn affidavit from the
290.26 public authority or a court order that includes the following
290.27 information:
290.28 (i) that a judgment entered pursuant to section 548.091,
290.29 subdivision 1a, exists against the obligor, or that other
290.30 support arrearages exist;
290.31 (ii) the current balance of the judgment or arrearage; and
290.32 (iii) that a portion of the judgment or arrearage remains
290.33 unpaid.
290.34 The Consumer Credit Protection Act, title 15 of the United
290.35 States Code, section 1673(b), does not apply to lump-sum
290.36 payments.
291.1 Subd. 12. [INTERSTATE INCOME WITHHOLDING.] (a) Upon
291.2 receipt of an order for support entered in another state and the
291.3 specified documentation from an authorized agency, the public
291.4 authority shall implement income withholding. A payor of funds
291.5 in this state shall withhold income under court orders for
291.6 withholding issued by other states or territories.
291.7 (b) An employer receiving an income withholding notice from
291.8 another state shall withhold and distribute the funds as
291.9 directed in the withholding notice and shall apply the law of
291.10 the obligor's principal place of employment when determining:
291.11 (1) the employer's fee for processing an income withholding
291.12 notice;
291.13 (2) the maximum amount permitted to be withheld from the
291.14 obligor's income; and
291.15 (3) deadlines for implementing and forwarding the child
291.16 support payment.
291.17 (c) An obligor may contest withholding under this
291.18 subdivision pursuant to section 518C.506.
291.19 Subd. 13. [ORDER TERMINATING INCOME WITHHOLDING.] (a) An
291.20 order terminating income withholding must specify the effective
291.21 date of the order and reference the initial order or decree that
291.22 establishes the support obligation and shall be entered once the
291.23 following conditions have been met:
291.24 (1) the obligor serves written notice of the application
291.25 for termination of income withholding by mail upon the obligee
291.26 at the obligee's last known mailing address, and a duplicate
291.27 copy of the application is served on the public authority;
291.28 (2) the application for termination of income withholding
291.29 specifies the event that terminates the support obligation, the
291.30 effective date of the termination of the support obligation, and
291.31 the applicable provisions of the order or decree that
291.32 established the support obligation; and
291.33 (3) the application includes the complete name of the
291.34 obligor's payor of funds, the business mailing address, the
291.35 court action and court file number, and the support and
291.36 collections file number, if known.
292.1 (b) After receipt of the application for termination of
292.2 income withholding, the obligee or the public authority fails
292.3 within 20 days to request a contested hearing on the issue of
292.4 whether income withholding of support should continue clearly
292.5 specifying the basis for the continued support obligation and,
292.6 ex parte, to stay the service of the order terminating income
292.7 withholding upon the obligor's payor of funds, pending the
292.8 outcome of the contest hearing.
292.9 Subd. 14. [TERMINATION BY THE PUBLIC AUTHORITY.] If the
292.10 public authority determines that income withholding is no longer
292.11 applicable, the public authority shall notify the obligee and
292.12 the obligor of intent to terminate income withholding.
292.13 Five days following notification to the obligee and
292.14 obligor, the public authority shall issue a notice to the payor
292.15 of funds terminating income withholding, without a requirement
292.16 for a court order unless the obligee has requested a contested
292.17 hearing under section 518.5511, subdivision 4.
292.18 Subd. 15. [CONTRACT FOR SERVICE.] To carry out the
292.19 provisions of this section, the public authority responsible for
292.20 child support enforcement may contract for services, including
292.21 the use of electronic funds transfer.
292.22 Subd. 16. [WAIVER.] (a) If child support or maintenance is
292.23 not assigned under section 256.741, the court may waive the
292.24 requirements of this section if the court finds there is no
292.25 arrearage in child support and maintenance as of the date of the
292.26 hearing and:
292.27 (1) one party demonstrates and the court finds there is
292.28 good cause to waive the requirements of this section or to
292.29 terminate an order for or notice of income withholding
292.30 previously entered under this section; or
292.31 (2) all parties reach an agreement and the agreement is
292.32 approved by the court after a finding that the agreement is
292.33 likely to result in regular and timely payments. The court's
292.34 findings waiving the requirements of this paragraph shall
292.35 include a written explanation of the reasons why income
292.36 withholding would not be in the best interests of the child.
293.1 In addition to the other requirements in this subdivision,
293.2 if the case involves a modification of support, the court shall
293.3 make a finding that support has been timely made.
293.4 (b) If the court waives income withholding, the obligee or
293.5 obligor may at any time request income withholding under
293.6 subdivision 7.
293.7 Subd. 17. [NONLIABILITY; PAYOR OF FUNDS.] A payor of funds
293.8 who complies with an income withholding order or notice of
293.9 withholding according to this chapter or chapter 518C, that
293.10 appears regular on its face shall not be subject to civil
293.11 liability to any individual or agency for taking action in
293.12 compliance with the order or notice.
293.13 Subd. 18. [ELECTRONIC TRANSMISSION.] Orders or notices for
293.14 withholding under this section may be transmitted for
293.15 enforcement purposes by electronic means.
293.16 Sec. 49. Minnesota Statutes 1996, section 518.68,
293.17 subdivision 2, is amended to read:
293.18 Subd. 2. [CONTENTS.] The required notices must be
293.19 substantially as follows:
293.20 IMPORTANT NOTICE
293.21 1. PAYMENTS TO PUBLIC AGENCY
293.22 Pursuant According to Minnesota Statutes, section 518.551,
293.23 subdivision 1, payments ordered for maintenance and support
293.24 must be paid to the public agency responsible for child
293.25 support enforcement as long as the person entitled to
293.26 receive the payments is receiving or has applied for public
293.27 assistance or has applied for support and maintenance
293.28 collection services. MAIL PAYMENTS TO:
293.29 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
293.30 FELONY
293.31 A person may be charged with a felony who conceals a minor
293.32 child or takes, obtains, retains, or fails to return a
293.33 minor child from or to the child's parent (or person with
293.34 custodial or visitation rights), pursuant according to
293.35 Minnesota Statutes, section 609.26. A copy of that section
293.36 is available from any district court clerk.
294.1 3. RULES OF SUPPORT, MAINTENANCE, VISITATION
294.2 (a) Payment of support or spousal maintenance is to be as
294.3 ordered, and the giving of gifts or making purchases of
294.4 food, clothing, and the like will not fulfill the
294.5 obligation.
294.6 (b) Payment of support must be made as it becomes due, and
294.7 failure to secure or denial of rights of visitation is NOT
294.8 an excuse for nonpayment, but the aggrieved party must seek
294.9 relief through a proper motion filed with the court.
294.10 (c) Nonpayment of support is not grounds to deny
294.11 visitation. The party entitled to receive support may
294.12 apply for support and collection services, file a contempt
294.13 motion, or obtain a judgment as provided in Minnesota
294.14 Statutes, section 548.091.
294.15 (d) The payment of support or spousal maintenance takes
294.16 priority over payment of debts and other obligations.
294.17 (e) A party who accepts additional obligations of support
294.18 does so with the full knowledge of the party's prior
294.19 obligation under this proceeding.
294.20 (f) Child support or maintenance is based on annual income,
294.21 and it is the responsibility of a person with seasonal
294.22 employment to budget income so that payments are made
294.23 throughout the year as ordered.
294.24 (g) If there is a layoff or a pay reduction, support may be
294.25 reduced as of the time of the layoff or pay reduction if a
294.26 motion to reduce the support is served and filed with the
294.27 court at that time, but any such reduction must be ordered
294.28 by the court. The court is not permitted to reduce support
294.29 retroactively, except as provided in Minnesota Statutes,
294.30 section 518.64, subdivision 2, paragraph (c).
294.31 4. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
294.32 SUBDIVISION 3
294.33 Unless otherwise provided by the Court:
294.34 (a) Each party has the right of access to, and to receive
294.35 copies of, school, medical, dental, religious training, and
294.36 other important records and information about the minor
295.1 children. Each party has the right of access to
295.2 information regarding health or dental insurance available
295.3 to the minor children. Presentation of a copy of this
295.4 order to the custodian of a record or other information
295.5 about the minor children constitutes sufficient
295.6 authorization for the release of the record or information
295.7 to the requesting party.
295.8 (b) Each party shall keep the other informed as to the name
295.9 and address of the school of attendance of the minor
295.10 children. Each party has the right to be informed by
295.11 school officials about the children's welfare, educational
295.12 progress and status, and to attend school and parent
295.13 teacher conferences. The school is not required to hold a
295.14 separate conference for each party.
295.15 (c) In case of an accident or serious illness of a minor
295.16 child, each party shall notify the other party of the
295.17 accident or illness, and the name of the health care
295.18 provider and the place of treatment.
295.19 (d) Each party has the right of reasonable access and
295.20 telephone contact with the minor children.
295.21 5. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
295.22 Child support and/or spousal maintenance may be withheld
295.23 from income, with or without notice to the person obligated
295.24 to pay, when the conditions of Minnesota Statutes, sections
295.25 518.611 and 518.613, have been met. A copy of those
295.26 sections is available from any district court clerk.
295.27 6. CHANGE OF ADDRESS OR RESIDENCE
295.28 Unless otherwise ordered, the person responsible to make
295.29 support or maintenance payments each party shall notify the
295.30 person entitled to receive the payment other party, the
295.31 court, and the public authority responsible for collection,
295.32 if applicable, of a change of address or residence the
295.33 following information within 60 ten days of the address or
295.34 residence change any change: the residential and mailing
295.35 address, telephone number, driver's license number, social
295.36 security number, and name, address, and telephone number of
296.1 the employer.
296.2 7. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
296.3 Child support and/or spousal maintenance may be adjusted
296.4 every two years based upon a change in the cost of living
296.5 (using Department of Labor Consumer Price Index ..........,
296.6 unless otherwise specified in this order) when the
296.7 conditions of Minnesota Statutes, section 518.641, are met.
296.8 Cost of living increases are compounded. A copy of
296.9 Minnesota Statutes, section 518.641, and forms necessary to
296.10 request or contest a cost of living increase are available
296.11 from any district court clerk.
296.12 8. JUDGMENTS FOR UNPAID SUPPORT
296.13 If a person fails to make a child support payment, the
296.14 payment owed becomes a judgment against the person
296.15 responsible to make the payment by operation of law on or
296.16 after the date the payment is due, and the person entitled
296.17 to receive the payment or the public agency may obtain
296.18 entry and docketing of the judgment WITHOUT NOTICE to the
296.19 person responsible to make the payment under Minnesota
296.20 Statutes, section 548.091. Interest begins to accrue on a
296.21 payment or installment of child support whenever the unpaid
296.22 amount due is greater than the current support due,
296.23 pursuant according to Minnesota Statutes, section 548.091,
296.24 subdivision 1a.
296.25 9. JUDGMENTS FOR UNPAID MAINTENANCE
296.26 A judgment for unpaid spousal maintenance may be entered
296.27 when the conditions of Minnesota Statutes, section 548.091,
296.28 are met. A copy of that section is available from any
296.29 district court clerk.
296.30 10. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
296.31 SUPPORT
296.32 A judgment for attorney fees and other collection costs
296.33 incurred in enforcing a child support order will be entered
296.34 against the person responsible to pay support when the
296.35 conditions of section 518.14, subdivision 2, are met. A
296.36 copy of section 518.14 and forms necessary to request or
297.1 contest these attorney fees and collection costs are
297.2 available from any district court clerk.
297.3 11. VISITATION EXPEDITOR PROCESS
297.4 On request of either party or on its own motion, the court
297.5 may appoint a visitation expeditor to resolve visitation
297.6 disputes under Minnesota Statutes, section 518.1751. A
297.7 copy of that section and a description of the expeditor
297.8 process is available from any district court clerk.
297.9 12. VISITATION REMEDIES AND PENALTIES
297.10 Remedies and penalties for the wrongful denial of
297.11 visitation rights are available under Minnesota Statutes,
297.12 section 518.175, subdivision 6. These include compensatory
297.13 visitation; civil penalties; bond requirements; contempt;
297.14 and reversal of custody. A copy of that subdivision and
297.15 forms for requesting relief are available from any district
297.16 court clerk.
297.17 Sec. 50. Minnesota Statutes 1996, section 518C.101, is
297.18 amended to read:
297.19 518C.101 [DEFINITIONS.]
297.20 In this chapter:
297.21 (a) "Child" means an individual, whether over or under the
297.22 age of majority, who is or is alleged to be owed a duty of
297.23 support by the individual's parent or who is or is alleged to be
297.24 the beneficiary of a support order directed to the parent.
297.25 (b) "Child support order" means a support order for a
297.26 child, including a child who has attained the age of majority
297.27 under the law of the issuing state.
297.28 (c) "Duty of support" means an obligation imposed or
297.29 imposable by law to provide support for a child, spouse, or
297.30 former spouse, including an unsatisfied obligation to provide
297.31 support.
297.32 (d) "Home state" means the state in which a child lived
297.33 with a parent or a person acting as parent for at least six
297.34 consecutive months immediately preceding the time of filing of a
297.35 petition or comparable pleading for support and, if a child is
297.36 less than six months old, the state in which the child lived
298.1 from birth with any of them. A period of temporary absence of
298.2 any of them is counted as part of the six-month or other period.
298.3 (e) "Income" includes earnings or other periodic
298.4 entitlements to money from any source and any other property
298.5 subject to withholding for support under the law of this state.
298.6 (f) "Income-withholding order" means an order or other
298.7 legal process directed to an obligor's employer or other debtor
298.8 under section 518.611 or 518.613, to withhold support from the
298.9 income of the obligor.
298.10 (g) "Initiating state" means a state in from which a
298.11 proceeding is forwarded or in which a proceeding is filed for
298.12 forwarding to a responding state under this chapter or a law or
298.13 procedure substantially similar to this chapter, or under a law
298.14 or procedure substantially similar to the uniform reciprocal
298.15 enforcement of support act, or the revised uniform reciprocal
298.16 enforcement of support act is filed for forwarding to a
298.17 responding state.
298.18 (h) "Initiating tribunal" means the authorized tribunal in
298.19 an initiating state.
298.20 (i) "Issuing state" means the state in which a tribunal
298.21 issues a support order or renders a judgment determining
298.22 parentage.
298.23 (j) "Issuing tribunal" means the tribunal that issues a
298.24 support order or renders a judgment determining parentage.
298.25 (k) "Law" includes decisional and statutory law and rules
298.26 and regulations having the force of law.
298.27 (l) "Obligee" means:
298.28 (1) an individual to whom a duty of support is or is
298.29 alleged to be owed or in whose favor a support order has been
298.30 issued or a judgment determining parentage has been rendered;
298.31 (2) a state or political subdivision to which the rights
298.32 under a duty of support or support order have been assigned or
298.33 which has independent claims based on financial assistance
298.34 provided to an individual obligee; or
298.35 (3) an individual seeking a judgment determining parentage
298.36 of the individual's child.
299.1 (m) "Obligor" means an individual, or the estate of a
299.2 decedent:
299.3 (1) who owes or is alleged to owe a duty of support;
299.4 (2) who is alleged but has not been adjudicated to be a
299.5 parent of a child; or
299.6 (3) who is liable under a support order.
299.7 (n) "Petition" means a petition or comparable pleading used
299.8 pursuant to section 518.5511.
299.9 (o) "Register" means to file a support order or judgment
299.10 determining parentage in the office of the court administrator.
299.11 (p) (o) "Registering tribunal" means a tribunal in which a
299.12 support order is registered.
299.13 (q) (p) "Responding state" means a state to in which a
299.14 proceeding is filed or to which a proceeding is forwarded for
299.15 filing from an initiating state under this chapter or a law or
299.16 procedure substantially similar to this chapter, or under a law
299.17 or procedure substantially similar to the uniform reciprocal
299.18 enforcement of support act, or the revised uniform reciprocal
299.19 enforcement of support act.
299.20 (r) (q) "Responding tribunal" means the authorized tribunal
299.21 in a responding state.
299.22 (s) (r) "Spousal support order" means a support order for a
299.23 spouse or former spouse of the obligor.
299.24 (t) (s) "State" means a state of the United States, the
299.25 District of Columbia, the Commonwealth of Puerto Rico, the
299.26 United States Virgin Islands, or any territory or insular
299.27 possession subject to the jurisdiction of the United States.
299.28 "State" includes:
299.29 (1) an Indian tribe; and
299.30 (2) a foreign jurisdiction that has enacted a law or
299.31 established procedures for issuance and enforcement of support
299.32 orders that are substantially similar to the procedures under
299.33 this chapter or the procedures under the uniform reciprocal
299.34 enforcement of support act or the revised uniform reciprocal
299.35 enforcement of support act.
299.36 (u) (t) "Support enforcement agency" means a public
300.1 official or agency authorized to:
300.2 (1) seek enforcement of support orders or laws relating to
300.3 the duty of support;
300.4 (2) seek establishment or modification of child support;
300.5 (3) seek determination of parentage; or
300.6 (4) locate obligors or their assets.
300.7 (v) (u) "Support order" means a judgment, decree, or order,
300.8 whether temporary, final, or subject to modification, for the
300.9 benefit of a child, spouse, or former spouse, which provides for
300.10 monetary support, health care, arrearages, or reimbursement, and
300.11 may include related costs and fees, interest, income
300.12 withholding, attorney's fees, and other relief.
300.13 (w) (v) "Tribunal" means a court, administrative agency, or
300.14 quasi-judicial entity authorized to establish, enforce, or
300.15 modify support orders or to determine parentage.
300.16 Sec. 51. Minnesota Statutes 1996, section 518C.205, is
300.17 amended to read:
300.18 518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.]
300.19 (a) A tribunal of this state issuing a support order
300.20 consistent with the law of this state has continuing, exclusive
300.21 jurisdiction over a child support order:
300.22 (1) as long as this state remains the residence of the
300.23 obligor, the individual obligee, or the child for whose benefit
300.24 the support order is issued; or
300.25 (2) until each individual party has all of the parties who
300.26 are individuals have filed written consent consents with the
300.27 tribunal of this state for a tribunal of another state to modify
300.28 the order and assume continuing, exclusive jurisdiction.
300.29 (b) A tribunal of this state issuing a child support order
300.30 consistent with the law of this state may not exercise its
300.31 continuing jurisdiction to modify the order if the order has
300.32 been modified by a tribunal of another state pursuant to this
300.33 chapter or a law substantially similar to this chapter.
300.34 (c) If a child support order of this state is modified by a
300.35 tribunal of another state pursuant to this chapter or a law
300.36 substantially similar to this chapter, a tribunal of this state
301.1 loses its continuing, exclusive jurisdiction with regard to
301.2 prospective enforcement of the order issued in this state, and
301.3 may only:
301.4 (1) enforce the order that was modified as to amounts
301.5 accruing before the modification;
301.6 (2) enforce nonmodifiable aspects of that order; and
301.7 (3) provide other appropriate relief for violations of that
301.8 order which occurred before the effective date of the
301.9 modification.
301.10 (d) A tribunal of this state shall recognize the
301.11 continuing, exclusive jurisdiction of a tribunal of another
301.12 state which has issued a child support order pursuant to this
301.13 chapter or a law substantially similar to this chapter.
301.14 (e) A temporary support order issued ex parte or pending
301.15 resolution of a jurisdictional conflict does not create
301.16 continuing, exclusive jurisdiction in the issuing tribunal.
301.17 (f) A tribunal of this state issuing a support order
301.18 consistent with the law of this state has continuing, exclusive
301.19 jurisdiction over a spousal support order throughout the
301.20 existence of the support obligation. A tribunal of this state
301.21 may not modify a spousal support order issued by a tribunal of
301.22 another state having continuing, exclusive jurisdiction over
301.23 that order under the law of that state.
301.24 Sec. 52. Minnesota Statutes 1996, section 518C.207, is
301.25 amended to read:
301.26 518C.207 [RECOGNITION OF CONTROLLING CHILD SUPPORT ORDERS
301.27 ORDER.]
301.28 (a) If a proceeding is brought under this chapter and only
301.29 one tribunal has issued a child support order, the order of that
301.30 tribunal is controlling and must be recognized.
301.31 (b) If a proceeding is brought under this chapter, and one
301.32 two or more child support orders have been issued in by
301.33 tribunals of this state or another state with regard to an the
301.34 same obligor and a child, a tribunal of this state shall apply
301.35 the following rules in determining which order to recognize for
301.36 purposes of continuing, exclusive jurisdiction:
302.1 (1) If only one tribunal has issued a child support order,
302.2 the order of that tribunal must be recognized.
302.3 (2) If two or more tribunals have issued child support
302.4 orders for the same obligor and child, and only one of the
302.5 tribunals would have continuing, exclusive jurisdiction under
302.6 this chapter, the order of that tribunal is controlling and must
302.7 be recognized.
302.8 (3) (2) If two or more tribunals have issued child support
302.9 orders for the same obligor and child, and more than one of the
302.10 tribunals would have continuing, exclusive jurisdiction under
302.11 this chapter, an order issued by a tribunal in the current home
302.12 state of the child must be recognized, but if an order has not
302.13 been issued in the current home state of the child, the order
302.14 most recently issued is controlling and must be recognized.
302.15 (4) (3) If two or more tribunals have issued child support
302.16 orders for the same obligor and child, and none of the tribunals
302.17 would have continuing, exclusive jurisdiction under this
302.18 chapter, the tribunal of this state may having jurisdiction over
302.19 the parties shall issue a child support order, which is
302.20 controlling and must be recognized.
302.21 (c) If two or more child support orders have been issued
302.22 for the same obligor and child and if the obligor or the
302.23 individual obligee resides in this state, a party may request a
302.24 tribunal of this state to determine which order controls and
302.25 must be recognized under paragraph (b). The request must be
302.26 accompanied by a certified copy of every support order in effect.
302.27 The requesting party shall give notice of the request to each
302.28 party whose rights may be affected by the determination.
302.29 (b) (d) The tribunal that has issued an the order that
302.30 must be recognized as controlling under paragraph (a) (b) or (c)
302.31 is the tribunal having that has continuing, exclusive
302.32 jurisdiction in accordance with section 518C.205.
302.33 (e) A tribunal of this state which determines by order the
302.34 identity of the controlling child support order under paragraph
302.35 (b), clause (1) or (2), or which issues a new controlling child
302.36 support order under paragraph (b), clause (3), shall include in
303.1 that order the basis upon which the tribunal made its
303.2 determination.
303.3 (f) Within 30 days after issuance of the order determining
303.4 the identity of the controlling order, the party obtaining that
303.5 order shall file a certified copy of it with each tribunal that
303.6 had issued or registered an earlier order of child support. A
303.7 party who obtains the order and fails to file a certified copy
303.8 is subject to appropriate sanctions by a tribunal in which the
303.9 issue of failure to file arises. The failure to file does not
303.10 affect the validity or enforceability of the controlling order.
303.11 Sec. 53. Minnesota Statutes 1996, section 518C.304, is
303.12 amended to read:
303.13 518C.304 [DUTIES OF INITIATING TRIBUNAL.]
303.14 (a) Upon the filing of a petition authorized by this
303.15 chapter, an initiating tribunal of this state shall forward
303.16 three copies of the petition and its accompanying documents:
303.17 (1) to the responding tribunal or appropriate support
303.18 enforcement agency in the responding state; or
303.19 (2) if the identity of the responding tribunal is unknown,
303.20 to the state information agency of the responding state with a
303.21 request that they be forwarded to the appropriate tribunal and
303.22 that receipt be acknowledged.
303.23 (b) If a responding state has not enacted this chapter or a
303.24 law or procedure substantially similar to this chapter, a
303.25 tribunal of this state may issue a certificate or other
303.26 documents and make findings required by the law of the
303.27 responding state. If the responding state is a foreign
303.28 jurisdiction, the tribunal may specify the amount of support
303.29 sought and provide other documents necessary to satisfy the
303.30 requirements of the responding state.
303.31 Sec. 54. Minnesota Statutes 1996, section 518C.305, is
303.32 amended to read:
303.33 518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.]
303.34 (a) When a responding tribunal of this state receives a
303.35 petition or comparable pleading from an initiating tribunal or
303.36 directly pursuant to section 518C.301, paragraph (c), it shall
304.1 cause the petition or pleading to be filed and notify the
304.2 petitioner by first class mail where and when it was filed.
304.3 (b) A responding tribunal of this state, to the extent
304.4 otherwise authorized by law, may do one or more of the following:
304.5 (1) issue or enforce a support order, modify a child
304.6 support order, or render a judgment to determine parentage;
304.7 (2) order an obligor to comply with a support order,
304.8 specifying the amount and the manner of compliance;
304.9 (3) order income withholding;
304.10 (4) determine the amount of any arrearages, and specify a
304.11 method of payment;
304.12 (5) enforce orders by civil or criminal contempt, or both;
304.13 (6) set aside property for satisfaction of the support
304.14 order;
304.15 (7) place liens and order execution on the obligor's
304.16 property;
304.17 (8) order an obligor to keep the tribunal informed of the
304.18 obligor's current residential address, telephone number,
304.19 employer, address of employment, and telephone number at the
304.20 place of employment;
304.21 (9) issue a bench warrant for an obligor who has failed
304.22 after proper notice to appear at a hearing ordered by the
304.23 tribunal and enter the bench warrant in any local and state
304.24 computer systems for criminal warrants;
304.25 (10) order the obligor to seek appropriate employment by
304.26 specified methods;
304.27 (11) award reasonable attorney's fees and other fees and
304.28 costs; and
304.29 (12) grant any other available remedy.
304.30 (c) A responding tribunal of this state shall include in a
304.31 support order issued under this chapter, or in the documents
304.32 accompanying the order, the calculations on which the support
304.33 order is based.
304.34 (d) A responding tribunal of this state may not condition
304.35 the payment of a support order issued under this chapter upon
304.36 compliance by a party with provisions for visitation.
305.1 (e) If a responding tribunal of this state issues an order
305.2 under this chapter, the tribunal shall send a copy of the order
305.3 by first class mail to the petitioner and the respondent and to
305.4 the initiating tribunal, if any.
305.5 Sec. 55. Minnesota Statutes 1996, section 518C.310, is
305.6 amended to read:
305.7 518C.310 [DUTIES OF STATE INFORMATION AGENCY.]
305.8 (a) The unit within the department of human services that
305.9 receives and disseminates incoming interstate actions under
305.10 title IV-D of the Social Security Act from section 518C.02,
305.11 subdivision 1a, is the state information agency under this
305.12 chapter.
305.13 (b) The state information agency shall:
305.14 (1) compile and maintain a current list, including
305.15 addresses, of the tribunals in this state which have
305.16 jurisdiction under this chapter and any support enforcement
305.17 agencies in this state and transmit a copy to the state
305.18 information agency of every other state;
305.19 (2) maintain a register of tribunals and support
305.20 enforcement agencies received from other states;
305.21 (3) forward to the appropriate tribunal in the place in
305.22 this state in which the individual obligee or the obligor
305.23 resides, or in which the obligor's property is believed to be
305.24 located, all documents concerning a proceeding under this
305.25 chapter received from an initiating tribunal or the state
305.26 information agency of the initiating state; and
305.27 (4) obtain information concerning the location of the
305.28 obligor and the obligor's property within this state not exempt
305.29 from execution, by such means as postal verification and federal
305.30 or state locator services, examination of telephone directories,
305.31 requests for the obligor's address from employers, and
305.32 examination of governmental records, including, to the extent
305.33 not prohibited by other law, those relating to real property,
305.34 vital statistics, law enforcement, taxation, motor vehicles,
305.35 driver's licenses, and social security; and
305.36 (5) determine which foreign jurisdictions and Indian tribes
306.1 have substantially similar procedures for issuance and
306.2 enforcement of support orders. The state information agency
306.3 shall compile and maintain a list, including addresses, of all
306.4 these foreign jurisdictions and Indian tribes. The state
306.5 information agency shall make this list available to all state
306.6 tribunals and all support enforcement agencies.
306.7 Sec. 56. Minnesota Statutes 1996, section 518C.401, is
306.8 amended to read:
306.9 518C.401 [PETITION TO ESTABLISH SUPPORT ORDER.]
306.10 (a) If a support order entitled to recognition under this
306.11 chapter has not been issued, a responding tribunal of this state
306.12 may issue a support order if:
306.13 (1) the individual seeking the order resides in another
306.14 state; or
306.15 (2) the support enforcement agency seeking the order is
306.16 located in another state.
306.17 (b) The tribunal may issue a temporary child support order
306.18 if:
306.19 (1) the respondent has signed a verified statement
306.20 acknowledging parentage;
306.21 (2) the respondent has been determined by or pursuant to
306.22 law to be the parent; or
306.23 (3) there is other clear and convincing evidence that the
306.24 respondent is the child's parent.
306.25 (c) Upon a finding, after notice and opportunity to be
306.26 heard, that an obligor owes a duty of support, the tribunal
306.27 shall issue a support order directed to the obligor and may
306.28 issue other orders pursuant according to section 518C.305.
306.29 Sec. 57. Minnesota Statutes 1996, section 518C.501, is
306.30 amended to read:
306.31 518C.501 [RECOGNITION EMPLOYER'S RECEIPT OF
306.32 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.]
306.33 (a) An income-withholding order issued in another state may
306.34 be sent by first class mail to the person or entity defined as
306.35 the obligor's employer under section 518.611 or 518.613 without
306.36 first filing a petition or comparable pleading or registering
307.1 the order with a tribunal of this state. Upon receipt of the
307.2 order, the employer shall:
307.3 (1) treat an income-withholding order issued in another
307.4 state which appears regular on its face as if it had been issued
307.5 by a tribunal of this state;
307.6 (2) immediately provide a copy of the order to the obligor;
307.7 and
307.8 (3) distribute the funds as directed in the withholding
307.9 order.
307.10 (b) An obligor may contest the validity or enforcement of
307.11 an income-withholding order issued in another state in the same
307.12 manner as if the order had been issued by a tribunal of this
307.13 state. Section 518C.604 applies to the contest. The obligor
307.14 shall give notice of the contest to any support enforcement
307.15 agency providing services to the obligee and to:
307.16 (1) the person or agency designated to receive payments in
307.17 the income-withholding order; or
307.18 (2) if no person or agency is designated, the obligee.
307.19 Sec. 58. [518C.5025] [EMPLOYER'S COMPLIANCE WITH
307.20 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.]
307.21 (a) Upon receipt of an income-withholding order, the
307.22 obligor's employer shall immediately provide a copy of the order
307.23 to the obligor.
307.24 (b) The employer shall treat an income-withholding order
307.25 issued in another state which appears regular on its face as if
307.26 it had been issued by a tribunal of this state.
307.27 (c) Except as provided by paragraph (d) and section
307.28 518C.503, the employer shall withhold and distribute the funds
307.29 as directed in the withholding order by complying with the terms
307.30 of the order, as applicable, that specify:
307.31 (1) the duration and the amount of periodic payments of
307.32 current child support, stated as a sum certain;
307.33 (2) the person or agency designated to receive payments and
307.34 the address to which the payments are to be forwarded;
307.35 (3) medical support, whether in the form of periodic cash
307.36 payment, stated as a sum certain, or ordering the obligor to
308.1 provide health insurance coverage for the child under a policy
308.2 available through the obligor's employment;
308.3 (4) the amount of periodic payments of fees and costs for a
308.4 support enforcement agency, the issuing tribunal, and the
308.5 obligee's attorney, stated as sums certain; and
308.6 (5) the amount of periodic payments of arrears and interest
308.7 on arrears, stated as sums certain.
308.8 (d) The employer shall comply with the law of the state of
308.9 the obligor's principal place of employment for withholding from
308.10 income with respect to:
308.11 (1) the employer's fee for processing an income-withholding
308.12 order;
308.13 (2) the maximum amount permitted to be withheld from the
308.14 obligor's income; and
308.15 (3) the time periods within which the employer must
308.16 implement the withholding order and forward the child support
308.17 payment.
308.18 Sec. 59. [518C.503] [COMPLIANCE WITH MULTIPLE
308.19 INCOME-WITHHOLDING ORDERS.]
308.20 If the obligor's employer receives multiple orders to
308.21 withhold support from the earnings of the same obligor, the
308.22 employer satisfies the terms of the multiple orders if the
308.23 employer complies with the law of the state of the obligor's
308.24 principal place of employment to establish the priorities for
308.25 withholding and allocating income withheld for multiple child
308.26 support obligees.
308.27 Sec. 60. [518C.504] [IMMUNITY FROM CIVIL LIABILITY.]
308.28 An employer who complies with an income-withholding order
308.29 issued in another state in accordance with this chapter is not
308.30 subject to civil liability to any individual or agency with
308.31 regard to the employer's withholding child support from the
308.32 obligor's income.
308.33 Sec. 61. [518C.505] [PENALTIES FOR NONCOMPLIANCE.]
308.34 An employer who willfully fails to comply with an
308.35 income-withholding order issued by another state and received
308.36 for enforcement is subject to the same penalties that may be
309.1 imposed for noncompliance with an order issued by a tribunal of
309.2 this state.
309.3 Sec. 62. [518C.506] [CONTEST BY OBLIGOR.]
309.4 (a) An obligor may contest the validity or enforcement of
309.5 an income-withholding order issued in another state and received
309.6 directly by an employer in this state in the same manner as if
309.7 the order had been issued by a tribunal of this state. Section
309.8 518C.604 applies to the contest.
309.9 (b) The obligor shall give notice of the contest to:
309.10 (1) a support enforcement agency providing services to the
309.11 obligee;
309.12 (2) each employer which has directly received an
309.13 income-withholding order; and
309.14 (3) the person or agency designated to receive payments in
309.15 the income-withholding order or, if no person or agency is
309.16 designated, to the obligee.
309.17 Sec. 63. [518C.508] [ADMINISTRATIVE ENFORCEMENT OF
309.18 ORDERS.]
309.19 (a) A party seeking to enforce a support order or an
309.20 income-withholding order, or both, issued by a tribunal of
309.21 another state may send the documents required for registering
309.22 the order to a support enforcement agency of this state.
309.23 (b) Upon receipt of the documents, the support enforcement
309.24 agency, without initially seeking to register the order, shall
309.25 consider and may use any administrative procedure authorized by
309.26 the laws of this state to enforce a support order or an
309.27 income-withholding order, or both. If the obligor does not
309.28 contest administrative enforcement, the order need not be
309.29 registered. If the obligor contests the validity or
309.30 administrative enforcement of the order, the support enforcement
309.31 agency shall register the order under this chapter.
309.32 Sec. 64. Minnesota Statutes 1996, section 518C.603, is
309.33 amended to read:
309.34 518C.603 [EFFECT OF REGISTRATION FOR ENFORCEMENT.]
309.35 (a) A support order or income-withholding order issued in
309.36 another state is registered when the order is filed in the
310.1 registering tribunal of this state.
310.2 (b) A registered order issued in another state is
310.3 enforceable in the same manner and is subject to the same
310.4 procedures as an order issued by a tribunal of this state.
310.5 (c) Except as otherwise provided in sections 518C.601 to
310.6 518C.612 this chapter, a tribunal of this state shall recognize
310.7 and enforce, but may not modify, a registered order if the
310.8 issuing tribunal had jurisdiction.
310.9 Sec. 65. Minnesota Statutes 1996, section 518C.605, is
310.10 amended to read:
310.11 518C.605 [NOTICE OF REGISTRATION OF ORDER.]
310.12 (a) When a support order or income-withholding order issued
310.13 in another state is registered, the registering tribunal shall
310.14 notify the nonregistering party. Notice must be given by
310.15 certified or registered mail or by any means of personal service
310.16 authorized by the law of this state. The notice must be
310.17 accompanied by a copy of the registered order and the documents
310.18 and relevant information accompanying the order.
310.19 (b) The notice must inform the nonregistering party:
310.20 (1) that a registered order is enforceable as of the date
310.21 of registration in the same manner as an order issued by a
310.22 tribunal of this state;
310.23 (2) that a hearing to contest the validity or enforcement
310.24 of the registered order must be requested within 20 days after
310.25 the date of mailing or personal service of the notice;
310.26 (3) that failure to contest the validity or enforcement of
310.27 the registered order in a timely manner will result in
310.28 confirmation of the order and enforcement of the order and the
310.29 alleged arrearages and precludes further contest of that order
310.30 with respect to any matter that could have been asserted; and
310.31 (4) of the amount of any alleged arrearages.
310.32 (c) Upon registration of an income-withholding order for
310.33 enforcement, the registering tribunal shall notify the obligor's
310.34 employer pursuant to section 518.611 or 518.613.
310.35 Sec. 66. Minnesota Statutes 1996, section 518C.608, is
310.36 amended to read:
311.1 518C.608 [CONFIRMED ORDER.]
311.2 If a contesting party has received notice of registration
311.3 under section 518C.605, Confirmation of a registered order,
311.4 whether by operation of law or after notice and hearing,
311.5 precludes further contest of the order based upon facts that
311.6 were known by the contesting party at the time of registration
311.7 with respect to any matter that could have been asserted at the
311.8 time of registration with respect to any matter that could have
311.9 been asserted at the time of registration.
311.10 Sec. 67. Minnesota Statutes 1996, section 518C.611, is
311.11 amended to read:
311.12 518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
311.13 STATE.]
311.14 (a) After a child support order issued in another state has
311.15 been registered in this state, the responding tribunal of this
311.16 state may modify that order only if, section 518C.613 does not
311.17 apply and after notice and hearing, it finds that:
311.18 (1) the following requirements are met:
311.19 (i) the child, the individual obligee, and the obligor do
311.20 not reside in the issuing state;
311.21 (ii) a petitioner who is a nonresident of this state seeks
311.22 modification; and
311.23 (iii) the respondent is subject to the personal
311.24 jurisdiction of the tribunal of this state; or
311.25 (2) an individual party or the child, or a party who is an
311.26 individual, is subject to the personal jurisdiction of the
311.27 tribunal of this state and all of the individual parties who are
311.28 individuals have filed a written consent consents in the issuing
311.29 tribunal providing that for a tribunal of this state may to
311.30 modify the support order and assume continuing, exclusive
311.31 jurisdiction over the order. However, if the issuing state is a
311.32 foreign jurisdiction that has not enacted a law or established
311.33 procedures substantially similar to the procedures in this
311.34 chapter, the consent otherwise required of an individual
311.35 residing in this state is not required for the tribunal to
311.36 assume jurisdiction to modify the child support order.
312.1 (b) Modification of a registered child support order is
312.2 subject to the same requirements, procedures, and defenses that
312.3 apply to the modification of an order issued by a tribunal of
312.4 this state and the order may be enforced and satisfied in the
312.5 same manner.
312.6 (c) A tribunal of this state may not modify any aspect of a
312.7 child support order that may not be modified under the law of
312.8 the issuing state. If two or more tribunals have issued child
312.9 support orders for the same obligor and child, the order that
312.10 controls and must be recognized under section 518C.207
312.11 establishes the aspects of the support order which are
312.12 nonmodifiable.
312.13 (d) On issuance of an order modifying a child support order
312.14 issued in another state, a tribunal of this state becomes the
312.15 tribunal of continuing, exclusive jurisdiction.
312.16 (e) Within 30 days after issuance of a modified child
312.17 support order, the party obtaining the modification shall file a
312.18 certified copy of the order with the issuing tribunal which had
312.19 continuing, exclusive jurisdiction over the earlier order, and
312.20 in each tribunal in which the party knows that earlier order has
312.21 been registered.
312.22 Sec. 68. Minnesota Statutes 1996, section 518C.612, is
312.23 amended to read:
312.24 518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.]
312.25 A tribunal of this state shall recognize a modification of
312.26 its earlier child support order by a tribunal of another state
312.27 which assumed jurisdiction pursuant according to this chapter or
312.28 a law substantially similar to this chapter and, upon request,
312.29 except as otherwise provided in this chapter, shall:
312.30 (1) enforce the order that was modified only as to amounts
312.31 accruing before the modification;
312.32 (2) enforce only nonmodifiable aspects of that order;
312.33 (3) provide other appropriate relief only for violations of
312.34 that order which occurred before the effective date of the
312.35 modification; and
312.36 (4) recognize the modifying order of the other state, upon
313.1 registration, for the purpose of enforcement.
313.2 Sec. 69. [518C.613] [JURISDICTION TO MODIFY SUPPORT ORDER
313.3 OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.]
313.4 (a) If all of the parties who are individuals reside in
313.5 this state and the child does not reside in the issuing state, a
313.6 tribunal of this state has jurisdiction to enforce and to modify
313.7 the issuing state's child support order in a proceeding to
313.8 register that order.
313.9 (b) A tribunal of this state exercising jurisdiction as
313.10 provided in this section shall apply sections 518C.101 to
313.11 518C.209 and 518C.601 to 518C.614 to the enforcement or
313.12 modification proceeding. Sections 518C.301 to 518C.507 and
313.13 518C.701 to 518C.802 do not apply and the tribunal shall apply
313.14 the procedural and substantive law of this state.
313.15 Sec. 70. [518C.614] [NOTICE TO ISSUING TRIBUNAL OF
313.16 MODIFICATION.]
313.17 Within 30 days after issuance of a modified child support
313.18 order, the party obtaining the modification shall file a
313.19 certified copy of the order with the issuing tribunal that had
313.20 continuing, exclusive jurisdiction over the earlier order, and
313.21 in each tribunal in which the party knows the earlier order has
313.22 been registered. A party who obtains the order and fails to
313.23 file a certified copy is subject to appropriate sanctions by a
313.24 tribunal in which the issue of failure to file arises. The
313.25 failure to file does not affect the validity or enforceability
313.26 of the modified order of the new tribunal having continuing,
313.27 exclusive jurisdiction.
313.28 Sec. 71. Minnesota Statutes 1996, section 518C.701, is
313.29 amended to read:
313.30 518C.701 [PROCEEDING TO DETERMINE PARENTAGE.]
313.31 (a) A tribunal of this state may serve as an initiating or
313.32 responding tribunal in a proceeding brought under this chapter
313.33 or a law or procedure substantially similar to this chapter, or
313.34 under a law or procedure substantially similar to the uniform
313.35 reciprocal enforcement of support act, or the revised uniform
313.36 reciprocal enforcement of support act to determine that the
314.1 petitioner is a parent of a particular child or to determine
314.2 that a respondent is a parent of that child.
314.3 (b) In a proceeding to determine parentage, a responding
314.4 tribunal of this state shall apply the parentage act, sections
314.5 257.51 to 257.74, and the rules of this state on choice of law.
314.6 Sec. 72. Minnesota Statutes 1996, section 548.091,
314.7 subdivision 1a, is amended to read:
314.8 Subd. 1a. [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.]
314.9 (a) Any payment or installment of support required by a judgment
314.10 or decree of dissolution or legal separation, determination of
314.11 parentage, an order under chapter 518C, an order under section
314.12 256.87, or an order under section 260.251, that is not paid or
314.13 withheld from the obligor's income as required under section
314.14 518.611 or 518.613, or which is ordered as child support by
314.15 judgment, decree, or order by a court in any other state, is a
314.16 judgment by operation of law on and after the date it is due and
314.17 is entitled to full faith and credit in this state and any other
314.18 state. Except as otherwise provided by paragraph (b), interest
314.19 accrues from the date the unpaid amount due is greater than the
314.20 current support due at the annual rate provided in section
314.21 549.09, subdivision 1, plus two percent, not to exceed an annual
314.22 rate of 18 percent. A payment or installment of support that
314.23 becomes a judgment by operation of law between the date on which
314.24 a party served notice of a motion for modification under section
314.25 518.64, subdivision 2, and the date of the court's order on
314.26 modification may be modified under that subdivision.
314.27 (b) Notwithstanding the provisions of section 549.09, upon
314.28 motion to the court and upon proof by the obligor of 36
314.29 consecutive months of complete and timely payments of both
314.30 current support and court-ordered paybacks of a child support
314.31 debt or arrearage, the court may order interest on the remaining
314.32 debt or arrearage to stop accruing. Timely payments are those
314.33 made in the month in which they are due. If, after that time,
314.34 the obligor fails to make complete and timely payments of both
314.35 current support and court-ordered paybacks of child support debt
314.36 or arrearage, the public authority or the obligee may move the
315.1 court for the reinstatement of interest as of the month in which
315.2 the obligor ceased making complete and timely payments.
315.3 The court shall provide copies of all orders issued under
315.4 this section to the public authority. The commissioner of human
315.5 services shall prepare and make available to the court and the
315.6 parties forms to be submitted by the parties in support of a
315.7 motion under this paragraph.
315.8 Sec. 73. Minnesota Statutes 1996, section 548.091,
315.9 subdivision 2a, is amended to read:
315.10 Subd. 2a. [DOCKETING OF CHILD SUPPORT JUDGMENT.] On or
315.11 after the date an unpaid amount becomes a judgment by operation
315.12 of law under subdivision 1a, the obligee or the public authority
315.13 may file with the court administrator, either electronically or
315.14 by other means:
315.15 (1) a statement identifying, or a copy of, the judgment or
315.16 decree of dissolution or legal separation, determination of
315.17 parentage, order under chapter 518C, an order under section
315.18 256.87, or an order under section 260.251, or judgment, decree,
315.19 or order for child support by a court in any other state, which
315.20 provides for installment or periodic payments installments of
315.21 child support, or a judgment or notice of attorney fees and
315.22 collection costs under section 518.14, subdivision 2;
315.23 (2) an affidavit of default. The affidavit of default must
315.24 state the full name, occupation, place of residence, and last
315.25 known post office address of the obligor, the name and post
315.26 office address of the obligee, the date or dates payment was due
315.27 and not received and judgment was obtained by operation of law,
315.28 and the total amount of the judgments to the date of filing, and
315.29 the amount and frequency of the periodic installments of child
315.30 support that will continue to become due and payable subsequent
315.31 to the date of filing; and
315.32 (3) an affidavit of service of a notice of entry of
315.33 judgment or notice of intent to docket judgment and to recover
315.34 attorney fees and collection costs on the obligor, in person or
315.35 by mail at the obligor's last known post office address.
315.36 Service is completed upon mailing in the manner designated.
316.1 Where applicable, a notice of interstate lien in the form
316.2 promulgated under United States Code, title 42, section 652(a),
316.3 is sufficient to satisfy the requirements of clauses (1) and (2).
316.4 Sec. 74. Minnesota Statutes 1996, section 548.091,
316.5 subdivision 3a, is amended to read:
316.6 Subd. 3a. [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT
316.7 JUDGMENT.] Upon receipt of the documents filed under subdivision
316.8 2a, the court administrator shall enter and docket the judgment
316.9 in the amount of the default specified in the affidavit of
316.10 default unpaid obligation identified in the affidavit of default
316.11 and note the amount and frequency of the periodic installments
316.12 of child support that will continue to become due and payable
316.13 after the date of docketing. From the time of docketing, the
316.14 judgment is a lien upon all the real property in the county
316.15 owned by the judgment debtor, but it is not a lien on registered
316.16 land unless the obligee or the public authority causes a notice
316.17 of judgment lien or certified copy of the judgment to be
316.18 memorialized on the certificate of title or certificate of
316.19 possessory title under section 508.63 or 508A.63. The judgment
316.20 survives and the lien continues for ten years after the date the
316.21 judgment was docketed. Child support judgments may be renewed
316.22 by service of notice upon the debtor. Service shall be by
316.23 certified mail at the last known address of the debtor or in the
316.24 manner provided for the service of civil process. Upon the
316.25 filing of the notice and proof of service the court
316.26 administrator shall renew the judgment for child support without
316.27 any additional filing fee.
316.28 Sec. 75. Minnesota Statutes 1996, section 548.091, is
316.29 amended by adding a subdivision to read:
316.30 Subd. 5. [AUTOMATIC INCREASES; SATISFACTION.] After
316.31 docketing and until satisfied by the obligee, public authority,
316.32 or the court administrator, the amount of the docketed judgment
316.33 automatically increases by the total amount of periodic
316.34 installments of child support that became due and payable
316.35 subsequent to the date of docketing, plus attorney's fees and
316.36 collection costs incurred by the public authority, and less any
317.1 payment made by the obligor to partially satisfy the docketed
317.2 judgment. The court administrator shall not satisfy any child
317.3 support judgment without first obtaining a written judgment
317.4 payoff statement from the public authority or obligee. If no
317.5 such statement can be obtained within two business days, the
317.6 court administrator shall only satisfy the judgment if the
317.7 amount paid to the court administrator equals the judgment
317.8 amount plus interest and costs, and the amount of the periodic
317.9 installment times the number of payments due since the date of
317.10 docketing of the judgment.
317.11 Sec. 76. Minnesota Statutes 1996, section 548.091, is
317.12 amended by adding a subdivision to read:
317.13 Subd. 6. [NOTE ON JUDGMENT ROLL.] The court administrator
317.14 shall note on the judgment roll which judgments are filed
317.15 pursuant to this section and the amount and frequency of the
317.16 periodic installment of child support that will continue to
317.17 become due and payable after the date of docketing.
317.18 Sec. 77. Minnesota Statutes 1996, section 548.091, is
317.19 amended by adding a subdivision to read:
317.20 Subd. 7. [FEES.] The public authority is exempt from
317.21 payment of fees when a judgment is docketed or a certified copy
317.22 of a judgment is issued by a court administrator, or a notice of
317.23 judgment lien or a certified copy of a judgment is presented to
317.24 a registrar of titles for recording. If a notice or certified
317.25 copy is recorded by the public authority under this subdivision,
317.26 the registrar of titles may collect from a party presenting for
317.27 recording a satisfaction or release of the notice or certified
317.28 copy the fees for recording and memorializing both the notice or
317.29 certified copy and the satisfaction or release.
317.30 Sec. 78. Minnesota Statutes 1996, section 548.091, is
317.31 amended by adding a subdivision to read:
317.32 Subd. 8. [REGISTERED LAND.] If requested by the public
317.33 authority and upon the public authority's providing a notice of
317.34 judgment lien or a certified copy of a judgment for child
317.35 support debt, together with a street address, tax parcel
317.36 identifying number, or a legal description for a parcel of real
318.1 property, the county recorder shall search the registered land
318.2 records in that county and cause the notice of judgment lien or
318.3 certified copy of the judgment to be memorialized on every
318.4 certificate of title or certificate of possessory title of
318.5 registered land in that county that can be reasonably identified
318.6 as owned by the obligor who is named on a docketed judgment.
318.7 The fees for memorializing the lien or judgment must be paid in
318.8 the manner prescribed by subdivision 7. The county recorders
318.9 and their employees and agents are not liable for any loss or
318.10 damages arising from failure to identify a parcel of registered
318.11 land owned by the obligor who is named on the docketed judgment.
318.12 Sec. 79. Minnesota Statutes 1996, section 548.091, is
318.13 amended by adding a subdivision to read:
318.14 Subd. 9. [PAYOFF STATEMENT.] The public authority shall
318.15 issue to the obligor, attorneys, lenders, and closers, or their
318.16 agents, a payoff statement setting forth conclusively the amount
318.17 necessary to satisfy the lien. Payoff statements must be issued
318.18 within three business days after receipt of a request by mail,
318.19 personal delivery, telefacsimile, or e-mail transmission, and
318.20 must be delivered to the requester by telefacsimile or e-mail
318.21 transmission if requested and if appropriate technology is
318.22 available to the public authority.
318.23 Sec. 80. Minnesota Statutes 1996, section 548.091, is
318.24 amended by adding a subdivision to read:
318.25 Subd. 10. [RELEASE OF LIEN.] Upon payment of the amount
318.26 due under subdivision 5, the public authority shall execute and
318.27 deliver a satisfaction of the judgment lien within five business
318.28 days.
318.29 Sec. 81. Minnesota Statutes 1996, section 548.091, is
318.30 amended by adding a subdivision to read:
318.31 Subd. 11. [SPECIAL PROCEDURES.] The public authority shall
318.32 negotiate a release of lien on specific property for less than
318.33 the full amount due where the proceeds of a sale or financing,
318.34 less reasonable and necessary closing expenses, are not
318.35 sufficient to satisfy all encumbrances on the liened property.
318.36 Partial releases do not release the obligor's personal liability
319.1 for the amount unpaid.
319.2 Sec. 82. Minnesota Statutes 1996, section 548.091, is
319.3 amended by adding a subdivision to read:
319.4 Subd. 12. [CORRECTING ERRORS.] The public authority shall
319.5 maintain a process to review the identity of the obligor and to
319.6 issue releases of lien in cases of misidentification. The
319.7 public authority shall maintain a process to review the amount
319.8 of child support determined to be delinquent and to issue
319.9 amended notices of judgment lien in cases of incorrectly
319.10 docketed judgments.
319.11 Sec. 83. Minnesota Statutes 1996, section 548.091, is
319.12 amended by adding a subdivision to read:
319.13 Subd. 13. [FORMS.] The department of human services, after
319.14 consultation with registrars of title, shall prescribe the
319.15 notice of judgment lien. These forms are not subject to chapter
319.16 14.
319.17 Sec. 84. Minnesota Statutes 1996, section 550.37,
319.18 subdivision 24, is amended to read:
319.19 Subd. 24. [EMPLOYEE BENEFITS.] (a) The debtor's right to
319.20 receive present or future payments, or payments received by the
319.21 debtor, under a stock bonus, pension, profit sharing, annuity,
319.22 individual retirement account, individual retirement annuity,
319.23 simplified employee pension, or similar plan or contract on
319.24 account of illness, disability, death, age, or length of service:
319.25 (1) to the extent the plan or contract is described in
319.26 section 401(a), 403, 408, or 457 of the Internal Revenue Code of
319.27 1986, as amended, or payments under the plan or contract are or
319.28 will be rolled over as provided in section 402(a)(5), 403(b)(8),
319.29 or 408(d)(3) of the Internal Revenue Code of 1986, as amended;
319.30 or
319.31 (2) to the extent of the debtor's aggregate interest under
319.32 all plans and contracts up to a present value of $30,000 and
319.33 additional amounts under all the plans and contracts to the
319.34 extent reasonably necessary for the support of the debtor and
319.35 any spouse or dependent of the debtor.
319.36 (b) The exemptions in paragraph (a) do not apply when the
320.1 debt is owed under a support order as defined in section 518.54,
320.2 subdivision 4a.
320.3 Sec. 85. [552.01] [DEFINITIONS.]
320.4 Subdivision 1. [SCOPE.] For the purposes of this chapter,
320.5 the terms defined in this section have the meanings given them.
320.6 Subd. 2. [PUBLIC AUTHORITY.] "Public authority" means the
320.7 public authority responsible for child support enforcement.
320.8 Subd. 3. [JUDGMENT DEBTOR.] "Judgment debtor" means a
320.9 party against whom the public authority has a judgment for the
320.10 recovery of money owed pursuant to a support order as defined in
320.11 section 518.54.
320.12 Subd. 4. [THIRD PARTY.] "Third party" means the person or
320.13 entity upon whom the execution levy is served.
320.14 Subd. 5. [CLAIM.] "Claim" means the unpaid balance of the
320.15 public authority's judgment against the judgment debtor,
320.16 including all lawful interest and costs incurred.
320.17 Subd. 6. [FINANCIAL INSTITUTION.] "Financial institution"
320.18 means all entities identified in section 13B.06.
320.19 Sec. 86. [552.02] [PUBLIC AUTHORITY'S SUMMARY EXECUTION OF
320.20 SUPPORT JUDGMENT DEBTS; WHEN AUTHORIZED.]
320.21 The public authority may execute on a money judgment
320.22 resulting from money owed pursuant to a support order by levying
320.23 under this chapter on indebtedness owed to the judgment debtor
320.24 by a third party. The public authority may execute under this
320.25 chapter upon service of a notice of support judgment levy for
320.26 which the seal of the court is not required.
320.27 Sec. 87. [552.03] [SCOPE OF GENERAL AND SPECIFIC
320.28 PROVISIONS.]
320.29 General provisions relating to the public authority's
320.30 summary execution as authorized in this chapter are set forth in
320.31 section 552.04. Specific provisions relating to summary
320.32 execution on funds at a financial institution are set forth in
320.33 section 552.05. When the public authority levies against funds
320.34 at a financial institution, the specific provisions of section
320.35 552.05 must be complied with in addition to the general
320.36 provisions of section 552.04. Provisions contained in the
321.1 statutory forms are incorporated in this chapter and have the
321.2 same force of law as any other provisions in this chapter.
321.3 Sec. 88. [552.04] [GENERAL PROVISIONS.]
321.4 Subdivision 1. [RULES OF CIVIL PROCEDURE.] Unless this
321.5 chapter specifically provides otherwise, the Minnesota Rules of
321.6 Civil Procedure for the District Courts and section 518.511
321.7 apply in all proceedings under this chapter.
321.8 Subd. 2. [PROPERTY ATTACHABLE BY SERVICE OF LEVY.] Subject
321.9 to the exemptions provided by subdivision 3 and section 550.37,
321.10 and any other applicable statute, to the extent the exemptions
321.11 apply in cases of child support enforcement, the service by the
321.12 public authority of a notice of support judgment levy under this
321.13 chapter attaches all nonexempt indebtedness or money due or
321.14 belonging to the judgment debtor and owing by the third party or
321.15 in the possession or under the control of the third party at the
321.16 time of service of the notice of support judgment levy, whether
321.17 or not the indebtedness or money has become payable. The third
321.18 party shall not be compelled to pay or deliver the same before
321.19 the time specified by any agreement unless the agreement was
321.20 fraudulently contracted to defeat an execution levy or other
321.21 collection remedy.
321.22 Subd. 3. [PROPERTY NOT ATTACHABLE.] The following property
321.23 is not subject to attachment by a notice of support judgment
321.24 levy served under this chapter:
321.25 (1) any indebtedness or money due to the judgment debtor,
321.26 unless at the time of the service of the notice of support
321.27 judgment levy the same is due absolutely or does not depend upon
321.28 any contingency;
321.29 (2) any judgment owing by the third party to the judgment
321.30 debtor, if the third party or the third party's property is
321.31 liable on an execution levy upon the judgment;
321.32 (3) any debt owing by the third party to the judgment
321.33 debtor for which any negotiable instrument has been issued or
321.34 endorsed by the third party;
321.35 (4) any indebtedness or money due to the judgment debtor
321.36 with a cumulative value of less than $10; and
322.1 (5) any disposable earnings, indebtedness, or money that is
322.2 exempt under state or federal law to the extent the exemptions
322.3 apply in cases of child support enforcement.
322.4 Subd. 4. [SERVICE OF THIRD PARTY LEVY; NOTICE AND
322.5 DISCLOSURE FORMS.] When levying upon money owed to the judgment
322.6 debtor by a third party, the public authority shall serve a copy
322.7 of the notice of support judgment levy upon the third party
322.8 either by registered or certified mail, or by personal service.
322.9 Along with a copy of the notice of support judgment levy, the
322.10 public authority shall serve upon the third party a notice of
322.11 support judgment levy and disclosure form that must be
322.12 substantially in the form set forth below.
322.13 OFFICE OF ADMINISTRATIVE HEARINGS
322.14 File No. ...........
322.15 ........ (Public authority)
322.16 against NOTICE OF SUPPORT JUDGMENT
322.17 ........ (Judgment Debtor) LEVY AND DISCLOSURE
322.18 and (OTHER THAN EARNINGS)
322.19 ........ (Third Party)
322.20 PLEASE TAKE NOTICE that pursuant to Minnesota Statutes,
322.21 chapters 518 and 522, the undersigned, as representative of the
322.22 public authority responsible for child support enforcement,
322.23 makes demand and levies execution upon all money due and owing
322.24 by you to the judgment debtor for the amount of the judgment
322.25 specified below. A copy of the notice of support judgment levy
322.26 is enclosed. The unpaid judgment balance is $......
322.27 In responding to this levy, you are to complete the
322.28 attached disclosure form and mail it to the public authority,
322.29 together with your check payable to the public authority, for
322.30 the nonexempt amount owed by you to the judgment debtor or for
322.31 which you are obligated to the judgment debtor, within the time
322.32 limits in chapter 552.
322.33 Public Authority
322.34 Address
322.35 (........)
322.36 Phone number
322.37
322.38 DISCLOSURE
322.39 On the ... day of ......, 19..., the time of service of the
322.40 execution levy herein, there was due and owing the judgment
323.1 debtor from the third party the following:
323.2 (1) Money. Enter on the line below any amounts due and
323.3 owing the judgment debtor, except earnings, from the third party.
323.4 .........................
323.5 (2) Setoff. Enter on the line below the amount of any
323.6 setoff, defense, lien, or claim which the third party claims
323.7 against the amount set forth on line (1). State the facts by
323.8 which the setoff, defense, lien, or claim is claimed. (Any
323.9 indebtedness to you incurred by the judgment debtor within ten
323.10 days prior to the receipt of the first execution levy on a debt
323.11 may not be claimed as a setoff, defense, lien, or claim against
323.12 the amount set forth on line (1).)
323.13 .........................
323.14 (3) Exemption. Enter on the line below any amounts or
323.15 property claimed by the judgment debtor to be exempt from
323.16 execution.
323.17 .........................
323.18 (4) Adverse Interest. Enter on the line below any amounts
323.19 claimed by other persons by reason of ownership or interest in
323.20 the judgment debtor's property.
323.21 .........................
323.22 (5) Enter on the line below the total of lines (2), (3),
323.23 and (4).
323.24 .........................
323.25 (6) Enter on the line below the difference obtained (never
323.26 less than zero when line (5) is subtracted from the amount on
323.27 line (1)).
323.28 .........................
323.29 (7) Enter on the line below 100 percent of the amount of
323.30 the public authority 's claim which remains unpaid.
323.31 .........................
323.32 (8) Enter on the line below the lesser of line (6) and line
323.33 (7). You are instructed to remit this amount only if it is $10
323.34 or more.
323.35 .........................
323.36 AFFIRMATION
324.1 I, .......... (person signing Affirmation), am the third
324.2 party or I am authorized by the third party to complete this
324.3 nonearnings disclosure, and have done so truthfully and to the
324.4 best of my knowledge.
324.5 Dated:.......... Signature
324.6 ..........
324.7 Title
324.8 ..........
324.9 Telephone Number
324.10 Subd. 5. [THIRD PARTY DISCLOSURE AND REMITTANCE.] Within
324.11 15 days after receipt of the notice of support judgment levy,
324.12 unless governed by section 552.05, the third party shall
324.13 disclose and remit to the public authority as much of the amount
324.14 due as the third party's own debt equals to the judgment debtor.
324.15 Subd. 6. [ORAL DISCLOSURE.] Before or after the service of
324.16 a written disclosure by a third party under subdivision 5, upon
324.17 a showing by affidavit upon information and belief that an oral
324.18 examination of the third party would provide a complete
324.19 disclosure of relevant facts, any party to the execution
324.20 proceedings may obtain an ex parte order requiring the third
324.21 party, or a representative of the third party designated by name
324.22 or by title, to appear for oral examination before the court or
324.23 a referee appointed by the court. Notice of the examination
324.24 must be given to all parties.
324.25 Subd. 7. [SUPPLEMENTAL COMPLAINT.] If a third party holds
324.26 property, money, earnings, or other indebtedness by a title that
324.27 is void as to the judgment debtor's creditors, the property may
324.28 be levied on although the judgment debtor would be barred from
324.29 maintaining an action to recover the property, money, earnings,
324.30 or other indebtedness. In this and all other cases where the
324.31 third party denies liability, the public authority may move the
324.32 court at any time before the third party is discharged, on
324.33 notice to both the judgment debtor and the third party for an
324.34 order making the third party a party to supplemental action and
324.35 granting the public authority leave to file a supplemental
324.36 complaint against the third party and the judgment debtor. The
324.37 supplemental complaint shall set forth the facts upon which the
324.38 public authority claims to charge the third party. If probable
325.1 cause is shown, the motion shall be granted. The supplemental
325.2 complaint shall be served upon the third party and the judgment
325.3 debtor and any other parties. The parties served shall answer
325.4 or respond pursuant to the Minnesota Rules of Civil Procedure
325.5 for the district courts, and if they fail to do so, judgment by
325.6 default may be entered against them.
325.7 Subd. 8. [JUDGMENT AGAINST THIRD PARTY UPON FAILURE TO
325.8 DISCLOSE OR REMIT.] Judgment may be entered against a third
325.9 party who has been served with a notice of support judgment levy
325.10 and fails to disclose or remit the levied funds as required in
325.11 this chapter. Upon order to show cause served on the third
325.12 party and notice of motion supported by affidavit of facts and
325.13 affidavit of service upon both the judgment debtor and third
325.14 party, the court may render judgment against the third party for
325.15 an amount not exceeding 100 percent of the amount claimed in the
325.16 execution. Judgment against the third party under this section
325.17 shall not bar the public authority from further remedies under
325.18 this chapter as a result of any subsequent defaults by the third
325.19 party. The court upon good cause shown may remove the default
325.20 and permit the third party to disclose or remit on just terms.
325.21 Subd. 9. [SATISFACTION.] Upon expiration, the public
325.22 authority making the execution may file a partial satisfaction
325.23 by amount or, if applicable, shall file the total satisfaction
325.24 with the court administrator without charge.
325.25 Subd. 10. [THIRD PARTY GOOD FAITH REQUIREMENT.] The third
325.26 party is not liable to the judgment debtor, public authority, or
325.27 other person for wrongful retention if the third party retains
325.28 or remits disposable earnings, indebtedness, or money of the
325.29 judgment debtor or any other person, pending the third party's
325.30 disclosure or consistent with the disclosure the third party
325.31 makes, if the third party has a good faith belief that the
325.32 property retained or remitted is subject to the execution. In
325.33 addition, the third party may, at any time before or after
325.34 disclosure, proceed under Rule 67 of the Minnesota rules of
325.35 civil procedure to make deposit into court. No third party is
325.36 liable for damages if the third party complies with the
326.1 provisions of this chapter.
326.2 Subd. 11. [BAD FAITH CLAIM.] If, in a proceeding brought
326.3 under section 552.05, subdivision 9, or a similar proceeding
326.4 under this chapter to determine a claim of exemption, the claim
326.5 of exemption is not upheld, and the court finds that it was
326.6 asserted in bad faith, the public authority shall be awarded
326.7 actual damages, costs, reasonable attorney's fees resulting from
326.8 the additional proceedings, and an amount not to exceed $100.
326.9 If the claim of exemption is upheld, and the court finds that
326.10 the public authority disregarded the claim of exemption in bad
326.11 faith, the judgment debtor shall be awarded actual damages,
326.12 costs, reasonable attorney's fees resulting from the additional
326.13 proceedings, and an amount not to exceed $100. The underlying
326.14 judgment shall be modified to reflect assessment of damages,
326.15 costs, and attorney's fees. However, if the party in whose
326.16 favor a penalty assessment is made is not actually indebted to
326.17 that party's attorney for fees, the attorney's fee award shall
326.18 be made directly to the attorney, and if not paid, an
326.19 appropriate judgment in favor of the attorney shall be entered.
326.20 Any action by a public authority made in bad faith and in
326.21 violation of this chapter renders the execution levy void and
326.22 the public authority liable to the judgment debtor named in the
326.23 execution levy in the amount of $100, actual damages, and
326.24 reasonable attorney's fees and costs.
326.25 Subd. 12. [DISCHARGE OF A THIRD PARTY.] Subject to
326.26 subdivisions 6 and 13, the third party, after disclosure, shall
326.27 be discharged of any further obligation to the public authority
326.28 when one of the following conditions is met:
326.29 (a) The third party discloses that the third party is not
326.30 indebted to the judgment debtor or does not possess any
326.31 earnings, property, money, or indebtedness belonging to the
326.32 judgment debtor that is attachable as defined in subdivision 2.
326.33 The disclosure is conclusive against the public authority and
326.34 discharges the third party from any further obligation to the
326.35 public authority other than to retain and remit all nonexempt
326.36 disposable earnings, property, indebtedness, or money of the
327.1 judgment debtor which was disclosed.
327.2 (b) The third party discloses that the third party is
327.3 indebted to the judgment debtor as indicated on the execution
327.4 disclosure form. The disclosure is conclusive against the
327.5 public authority and discharges the third party from any further
327.6 obligation to the public authority other than to retain and
327.7 remit all nonexempt disposable earnings, property, indebtedness,
327.8 or money of the judgment debtor that was disclosed.
327.9 (c) The court may, upon motion of an interested person,
327.10 discharge the third party as to any disposable earnings, money,
327.11 property, or indebtedness in excess of the amount that may be
327.12 required to satisfy the public authority's claim.
327.13 Subd. 13. [EXCEPTIONS TO DISCHARGE OF A THIRD PARTY.] The
327.14 third party is not discharged if:
327.15 (a) Within 20 days of the service of the third party's
327.16 disclosure, an interested person serves a motion relating to the
327.17 execution levy. The hearing on the motion must be scheduled to
327.18 be heard within 30 days of the service of the motion.
327.19 (b) The public authority moves the court for leave to file
327.20 a supplemental complaint against the third party, as provided
327.21 for in subdivision 7, and the court upon proper showing vacates
327.22 the discharge of the third party.
327.23 Subd. 14. [JOINDER AND INTERVENTION BY PERSONS IN
327.24 INTEREST.] If it appears that a person, who is not a party to
327.25 the action, has or claims an interest in any of the disposable
327.26 earnings, other indebtedness, or money, the court shall permit
327.27 that person to intervene or join in the execution proceeding
327.28 under this chapter. If that person does not appear, the court
327.29 may summon that person to appear or order the claim barred. The
327.30 person so appearing or summoned shall be joined as a party and
327.31 be bound by the judgment.
327.32 Subd. 15. [APPEAL.] A party to an execution proceeding
327.33 aggrieved by an order or final judgment may appeal as allowed by
327.34 law.
327.35 Subd. 16. [PRIORITY OF LEVY.] Notwithstanding section
327.36 52.12, a levy by the public authority made under this section on
328.1 an obligor's funds on deposit in a financial institution located
328.2 in this state has priority over any unexercised right of setoff
328.3 of the financial institution to apply the levied funds toward
328.4 the balance of an outstanding loan or loans owed by the obligor
328.5 to the financial institution. A claim by the financial
328.6 institution that it exercised its right to setoff prior to the
328.7 levy by the public authority must be substantiated by evidence
328.8 of the date of the setoff and must be verified by the sworn
328.9 statement of a responsible corporate officer of the financial
328.10 institution. For purposes of determining the priority of a levy
328.11 made under this section, the levy must be treated as if it were
328.12 an execution made under chapter 550.
328.13 Sec. 89. [552.05] [SUMMARY EXECUTION UPON FUNDS AT A
328.14 FINANCIAL INSTITUTION.]
328.15 Subdivision 1. [PROCEDURE.] In addition to the provisions
328.16 of section 552.04, when levying upon funds at a financial
328.17 institution, the public authority must comply with this
328.18 section. If the notice of support judgment levy is being used
328.19 by the public authority to levy funds of a judgment debtor who
328.20 is a natural person and if the funds to be levied are held on
328.21 deposit at any financial institution, in lieu of service the
328.22 public authority shall send with the notice of support judgment
328.23 levy and disclosure required by section 552.04, subdivision 4,
328.24 one copy of an exemption and right to hearing notice. The
328.25 notice must be substantially in the form determined by the
328.26 commissioner in accordance with section 552.05, subdivision 10.
328.27 Failure of the public authority to send the notice renders the
328.28 execution levy void, and the financial institution shall take no
328.29 action. Upon receipt of the notice of support judgment levy and
328.30 exemption and right to hearing notice, the financial institution
328.31 shall retain as much of the amount due as the financial
328.32 institution has on deposit owing to the judgment debtor, but not
328.33 more than 100 percent of the amount remaining due on the
328.34 judgment until directed by the public authority or the court to
328.35 release the funds to the public authority or the judgment debtor
328.36 in accordance with this chapter.
329.1 Subd. 2. [DUTIES OF FINANCIAL INSTITUTION.] Within two
329.2 business days after receipt of the execution levy and exemption
329.3 and right to hearing notice, the financial institution shall
329.4 serve upon the judgment debtor the exemption and right to
329.5 hearing notice. The financial institution shall serve the
329.6 notice by first class mail to the last known address of the
329.7 judgment debtor. If no claim of exemption or request for
329.8 hearing is received by the public authority within 14 days after
329.9 the notice is mailed to the judgment debtor, the public
329.10 authority shall notify the financial institution within seven
329.11 days that the funds remain subject to the execution levy and
329.12 shall be remitted to the public authority. If a claim of
329.13 exemption or a request for hearing is received by the public
329.14 authority within 14 days after the exemption notice is mailed to
329.15 the judgment debtor, the public authority shall within seven
329.16 days notify the financial institution either to release the
329.17 funds to the judgment debtor or that the funds remain subject to
329.18 the execution levy pending the determination of an
329.19 administrative law judge at a requested contested case
329.20 proceeding. When notified by the public authority to release
329.21 the funds, the financial institution shall release the funds to
329.22 the public authority or to the judgment debtor, as directed by
329.23 the public authority, within two business days.
329.24 Subd. 3. [PROCESS TO CLAIM EXEMPTION.] If the judgment
329.25 debtor elects to claim an exemption, the judgment debtor shall
329.26 complete the applicable portion of the exemption and right to
329.27 hearing notice, sign it under penalty of perjury, and deliver
329.28 one copy to the public authority within 14 days of the date
329.29 postmarked on the correspondence mailed to the judgment debtor
329.30 containing the exemption and right to hearing notice. Failure
329.31 of the judgment debtor to deliver the executed exemption and
329.32 right to hearing notice does not constitute a waiver of any
329.33 claimed right to an exemption. Upon timely receipt of a claim
329.34 of exemption, funds not claimed to be exempt by the judgment
329.35 debtor remain subject to the execution levy. Within seven days
329.36 after the date postmarked on the envelope containing the
330.1 executed exemption and right to hearing notice mailed to the
330.2 public authority, or the date of personal delivery of the
330.3 executed exemption and right to hearing notice to the public
330.4 authority, the public authority shall either notify the
330.5 financial institution to release the exempt portion of the funds
330.6 to the judgment debtor or schedule a contested administrative
330.7 proceeding pursuant to subdivision 5.
330.8 Subd. 4. [PROCESS TO REQUEST HEARING.] If the judgment
330.9 debtor elects to request a hearing on any issue specified in
330.10 subdivision 6, the judgment debtor shall complete the applicable
330.11 portion of the exemption and right to hearing notice, sign it
330.12 under penalty of perjury, and deliver one copy to the public
330.13 authority within 14 days of the date postmarked on the
330.14 correspondence mailed to the judgment debtor containing the
330.15 exemption and right to hearing notice. Upon timely receipt of a
330.16 request for hearing, funds not claimed to be exempt by the
330.17 judgment debtor remain subject to the execution levy. Within
330.18 seven days after the date postmarked on the envelope containing
330.19 the executed request for hearing mailed to the public authority,
330.20 or the date of personal delivery of the executed request for
330.21 hearing to the public authority, the public authority shall
330.22 either notify the financial institution to release the exempt
330.23 portion of the funds to the judgment debtor or schedule a
330.24 contested administrative proceeding under section 518.5511 and
330.25 notify the judgment debtor of the time and place of the
330.26 scheduled hearing.
330.27 Subd. 5. [DUTIES OF PUBLIC AUTHORITY IF HEARING IS
330.28 REQUESTED.] Within seven days of the receipt of a request for
330.29 hearing or a claim of exemption to which the public authority
330.30 does not consent, the public authority shall schedule a
330.31 contested administrative proceeding under section 518.5511. The
330.32 hearing must be scheduled to occur within five business days.
330.33 The public authority shall send written notice of the hearing
330.34 date, time, and place to the judgment debtor by first class
330.35 mail. The hearing may be conducted by telephone, audiovisual
330.36 means or other electronic means, at the discretion of the
331.1 administrative law judge. If the hearing is to be conducted by
331.2 telephone, audiovisual means, or other electronic means, the
331.3 public authority shall provide reasonable assistance to the
331.4 judgment debtor to facilitate the submission of all necessary
331.5 documentary evidence to the administrative law judge, including
331.6 access to the public authority's facsimile transmission machine.
331.7 Subd. 6. [ISSUES RELEVANT AT HEARING.] At any hearing
331.8 requested by the judgment debtor under this chapter, the only
331.9 issues to be determined are whether:
331.10 (1) the public authority complied with the process required
331.11 by this chapter;
331.12 (2) the amount stated in the notice of support judgment
331.13 levy is owed by the judgment debtor;
331.14 (3) the amount stated in the notice of support judgment
331.15 levy is correct; or
331.16 (4) any of the funds levied upon are exempt.
331.17 Subd. 7. [NOTICE OF ORDER.] Within one business day of
331.18 receipt of the order of the administrative law judge, the public
331.19 authority shall send a copy of the order to the judgment debtor
331.20 at the judgment debtor's last known address and to the financial
331.21 institution.
331.22 Subd. 8. [RELEASE OF FUNDS.] At any time during the
331.23 procedure specified in this section, the judgment debtor or the
331.24 public authority may direct the financial institution to release
331.25 the funds in question to the other party. Upon receipt of a
331.26 release, the financial institution shall release the funds as
331.27 directed.
331.28 Subd. 9. [SUBSEQUENT PROCEEDINGS; BAD FAITH CLAIM.] If in
331.29 subsequent proceedings brought by the judgment debtor or the
331.30 public authority, the claim of exemption is not upheld, and the
331.31 office of administrative hearings finds that it was asserted in
331.32 bad faith, the public authority shall be awarded actual damages,
331.33 costs, and reasonable attorney fees resulting from the
331.34 additional proceedings, and an amount not to exceed $100. The
331.35 underlying judgment must be modified to reflect assessment of
331.36 damages, costs, and attorney fees. However, if the party in
332.1 whose favor a penalty assessment is made is not actually
332.2 indebted to the party's attorney for fees, the attorney's fee
332.3 award shall be made directly to the attorney and if not paid, an
332.4 appropriate judgment in favor of the attorney shall be entered.
332.5 Upon motion of any party in interest, on notice, the office of
332.6 administrative hearings shall determine the validity of any
332.7 claim of exemption, and may make any order necessary to protect
332.8 the rights of those interested. No financial institution is
332.9 liable for damages for complying with this section. The
332.10 financial institution may rely on the date of mailing or
332.11 delivery of a notice to it in computing any time periods in this
332.12 section.
332.13 Subd. 10. [FORMS.] The commissioner of human services
332.14 shall develop statutory forms for use as required under this
332.15 chapter. In developing these forms, the commissioner shall
332.16 consult with the attorney general, representatives of financial
332.17 institutions, and legal services. The commissioner shall report
332.18 back to the legislature by February 1, 1998, with recommended
332.19 forms to be included in this chapter.
332.20 Sec. 90. [CHILD SUPPORT ENFORCEMENT PROGRAM; SERVICES
332.21 DELIVERY STUDY.]
332.22 The commissioner of human services, in consultation with
332.23 the commissioner's advisory committee, shall conduct a study of
332.24 the overall state child support enforcement delivery system and
332.25 shall recommend to the legislature a program design that will
332.26 best meet the following goals:
332.27 (1) comply with all state and federal laws and regulations;
332.28 (2) deliver child support and paternity services in a
332.29 timely manner;
332.30 (3) meet federal performance criteria;
332.31 (4) provide respectful and efficient service to custodial
332.32 and noncustodial parents;
332.33 (5) make efficient use of public money funding the program;
332.34 and
332.35 (6) provide a consistent level of services throughout the
332.36 state.
333.1 The study may make specific recommendations regarding
333.2 staffing, training, program administration, customer access to
333.3 services, use of technology, and other features of a successful
333.4 child support program. The commissioner may contract with a
333.5 private vendor to complete the study. The commissioner shall
333.6 provide the study and recommendations to the legislature by July
333.7 1, 1998.
333.8 Sec. 91. [AGENCY CONSULTATION ON SUSPENDING RECREATIONAL
333.9 LICENSES.]
333.10 The commissioner shall consult with other state agencies to
333.11 obtain recommendations for establishing procedures to meet
333.12 federal requirements to suspend recreational licenses of child
333.13 support obligors who fail to pay child support. The procedures
333.14 must impose the fewest restrictions on recreational licenses
333.15 consistent with federal law. No procedure may be implemented
333.16 until approved by the legislature and enacted into law.
333.17 Sec. 92. [INSTRUCTION TO REVISOR.]
333.18 The revisor shall delete the references to sections 518.611
333.19 and 518.613 and insert a reference to section 518.6111 wherever
333.20 the occur in Minnesota Statutes and Minnesota Rules.
333.21 Sec. 93. [REPEALER.]
333.22 (a) Minnesota Statutes 1996, sections 518C.9011; and
333.23 609.375, subdivisions 3, 4, and 6, are repealed.
333.24 (b) Minnesota Statutes 1996, section 256.74, subdivisions 5
333.25 and 7, are repealed March 31, 1998.
333.26 (c) Minnesota Statutes 1996, sections 256.979, subdivision
333.27 9; 518.5511, subdivisions 5, 6, 7, 8, and 9; 518.611; 518.613;
333.28 and 518.645, are repealed effective July 1, 1997.
333.29 Sec. 94. [EFFECTIVE DATES.]
333.30 (a) Section 1 is effective the day following final
333.31 enactment.
333.32 (b) Section 3 is effective July 1, 1998.
333.33 (c) Sections 72 to 83 are effective July 1, 1998.
333.34 (d) Section 75 applies only to judgments docketed on or
333.35 after July 1, 1998.
333.36 (e) Sections 85 to 89 are effective July 1, 1998.
334.1 ARTICLE 7
334.2 CONTINUING CARE FOR DISABLED PERSONS
334.3 Section 1. Minnesota Statutes 1996, section 62E.14, is
334.4 amended by adding a subdivision to read:
334.5 Subd. 4e. [WAIVER OF PREEXISTING CONDITIONS; PERSONS
334.6 COVERED BY PUBLICLY FUNDED HEALTH PROGRAMS.] A person may enroll
334.7 in the comprehensive plan with a waiver of the preexisting
334.8 condition limitation in subdivision 3, provided that:
334.9 (1) the person was formerly enrolled in the medical
334.10 assistance, general assistance medical care, or MinnesotaCare
334.11 program;
334.12 (2) the person is a Minnesota resident; and
334.13 (3) the person applies within 90 days of termination from
334.14 medical assistance, general assistance medical care, or
334.15 MinnesotaCare program.
334.16 Sec. 2. Minnesota Statutes 1996, section 245.652,
334.17 subdivision 1, is amended to read:
334.18 Subdivision 1. [PURPOSE.] The regional treatment centers
334.19 shall provide services designed to end a person's reliance on
334.20 chemical use or a person's chemical abuse and increase effective
334.21 and chemical-free functioning. Clinically effective programs
334.22 must be provided in accordance with section 246.64. Services
334.23 may be offered on the regional center campus or at sites
334.24 elsewhere in the catchment area served by the regional treatment
334.25 center.
334.26 Sec. 3. Minnesota Statutes 1996, section 245.652,
334.27 subdivision 2, is amended to read:
334.28 Subd. 2. [SERVICES OFFERED.] Services provided must may
334.29 include, but are not limited to, the following:
334.30 (1) primary and extended residential care, including
334.31 residential treatment programs of varied duration intended to
334.32 deal with a person's chemical dependency or chemical abuse
334.33 problems;
334.34 (2) follow-up care to persons discharged from regional
334.35 treatment center programs or other chemical dependency programs;
334.36 (3) outpatient treatment programs; and
335.1 (4) other treatment services, as appropriate and as
335.2 provided under contract or shared service agreements.
335.3 Sec. 4. Minnesota Statutes 1996, section 245A.11,
335.4 subdivision 2a, is amended to read:
335.5 Subd. 2a. [ADULT FOSTER CARE LICENSE CAPACITY.] An adult
335.6 foster care license holder may have a maximum license capacity
335.7 of five if all persons in care are age 60 or over and do not
335.8 have a serious and persistent mental illness or a developmental
335.9 disability. The commissioner may grant variances to this
335.10 subdivision to allow the use of a fifth bed for emergency crisis
335.11 services for a person with serious and persistent mental illness
335.12 or a developmental disability, regardless of age, provided the
335.13 variance complies with the provisions in section 245A.04,
335.14 subdivision 9, and approval of the variance is recommended by
335.15 the county in which the licensed foster care provider is located.
335.16 Sec. 5. Minnesota Statutes 1996, section 246.02,
335.17 subdivision 2, is amended to read:
335.18 Subd. 2. The commissioner of human services shall act with
335.19 the advice of the medical policy directional committee on mental
335.20 health in the appointment and removal of the chief executive
335.21 officers of the following institutions: Anoka-Metro Regional
335.22 Treatment Center, Ah-Gwah-Ching Center, Fergus Falls Regional
335.23 Treatment Center, St. Peter Regional Treatment Center and
335.24 Minnesota Security Hospital, Willmar Regional Treatment Center,
335.25 Faribault Regional Center, Cambridge Regional Human Services
335.26 Center, Brainerd Regional Human Services Center, and until June
335.27 30, 1995, Moose Lake Regional Treatment Center, and after June
335.28 30, 1995, Minnesota Sexual Psychopathic Personality Treatment
335.29 Center and until June 30, 1998, Faribault Regional Center.
335.30 Sec. 6. Minnesota Statutes 1996, section 246.18, is
335.31 amended by adding a subdivision to read:
335.32 Subd. 2a. [DISPOSITION OF INTEREST FOR CHEMICAL DEPENDENCY
335.33 FUNDS.] Beginning July 1, 1991, interest earned on cash balances
335.34 on deposit with the state treasurer derived from receipts from
335.35 chemical dependency programs affiliated with state-operated
335.36 facilities under the commissioner of human services must be
336.1 deposited in the state treasury and credited to a chemical
336.2 dependency account under subdivision 2. Any interest earned is
336.3 appropriated to the commissioner to operate chemical dependency
336.4 programs according to subdivision 2.
336.5 Sec. 7. Minnesota Statutes 1996, section 252.025,
336.6 subdivision 1, is amended to read:
336.7 Subdivision 1. [REGIONAL TREATMENT CENTERS.] State
336.8 hospitals for persons with mental retardation shall be
336.9 established and maintained at Faribault until June 30, 1998,
336.10 Cambridge and Brainerd, and notwithstanding any provision to the
336.11 contrary they shall be respectively known as the Faribault
336.12 regional center, the Cambridge regional human services center,
336.13 and the Brainerd regional human services center. Each of the
336.14 foregoing state hospitals shall also be known by the name of
336.15 regional center at the discretion of the commissioner of human
336.16 services. The terms "human services" or "treatment" may be
336.17 included in the designation.
336.18 Sec. 8. Minnesota Statutes 1996, section 252.025,
336.19 subdivision 4, is amended to read:
336.20 Subd. 4. [STATE-PROVIDED SERVICES.] (a) It is the policy
336.21 of the state to capitalize and recapitalize the regional
336.22 treatment centers as necessary to prevent depreciation and
336.23 obsolescence of physical facilities and to ensure they retain
336.24 the physical capability to provide residential programs.
336.25 Consistent with that policy and with section 252.50, and within
336.26 the limits of appropriations made available for this purpose,
336.27 the commissioner may establish, by June 30, 1991, the following
336.28 state-operated, community-based programs for the least
336.29 vulnerable regional treatment center residents: at Brainerd
336.30 regional services center, two residential programs and two day
336.31 programs; at Cambridge regional treatment center, four
336.32 residential programs and two day programs; at Faribault regional
336.33 treatment center, ten residential programs and six day programs;
336.34 at Fergus Falls regional treatment center, two residential
336.35 programs and one day program; at Moose Lake regional treatment
336.36 center, four residential programs and two day programs; and at
337.1 Willmar regional treatment center, two residential programs and
337.2 one day program.
337.3 (b) By January 15, 1991, the commissioner shall report to
337.4 the legislature a plan to provide continued regional treatment
337.5 center capacity and state-operated, community-based residential
337.6 and day programs for persons with developmental disabilities at
337.7 Brainerd, Cambridge, Faribault, Fergus Falls, St. Peter, and
337.8 Willmar, as follows:
337.9 (1) by July 1, 1998, continued regional treatment center
337.10 capacity to serve 350 persons with developmental disabilities as
337.11 follows: at Brainerd, 80 persons; at Cambridge, 12 persons; at
337.12 Faribault, 110 persons; at Fergus Falls, 60 persons; at St.
337.13 Peter, 35 persons; at Willmar, 25 persons; and up to 16 crisis
337.14 beds in the Twin Cities metropolitan area; and
337.15 (2) by July 1, 1999, continued regional treatment center
337.16 capacity to serve 254 persons with developmental disabilities as
337.17 follows: at Brainerd, 57 persons; at Cambridge, 12 persons; at
337.18 Faribault, 80 persons; at Fergus Falls, 35 persons; at St.
337.19 Peter, 30 persons; at Willmar, 12 persons, and up to 16 crisis
337.20 beds in the Twin Cities metropolitan area. In addition, the
337.21 plan shall provide for the capacity to provide residential
337.22 services to 570 persons with developmental disabilities in 95
337.23 state-operated, community-based residential programs.
337.24 The commissioner is subject to a mandamus action under
337.25 chapter 586 for any failure to comply with the provisions of
337.26 this subdivision.
337.27 Sec. 9. Minnesota Statutes 1996, section 252.025, is
337.28 amended by adding a subdivision to read:
337.29 Subd. 7. [MINNESOTA EXTENDED TREATMENT OPTIONS.] The
337.30 commissioner shall develop by July 1, 1997, the Minnesota
337.31 extended treatment options to serve Minnesotans who have mental
337.32 retardation and exhibit severe behaviors which present a risk to
337.33 public safety. This program must provide specialized
337.34 residential services on the Cambridge campus and an array of
337.35 community support services statewide.
337.36 Sec. 10. Minnesota Statutes 1996, section 252.32,
338.1 subdivision 1a, is amended to read:
338.2 Subd. 1a. [SUPPORT GRANTS.] (a) Provision of support
338.3 grants must be limited to families who require support and whose
338.4 dependents are under the age of 22 and who have mental
338.5 retardation or who have a related condition and who have been
338.6 determined by a screening team established under section
338.7 256B.092 to be at risk of institutionalization. Families who
338.8 are receiving home and community-based waivered services for
338.9 persons with mental retardation or related conditions are not
338.10 eligible for support grants. Families whose annual adjusted
338.11 gross income is $60,000 or more are not eligible for support
338.12 grants except in cases where extreme hardship is demonstrated.
338.13 Beginning in state fiscal year 1994, the commissioner shall
338.14 adjust the income ceiling annually to reflect the projected
338.15 change in the average value in the United States Department of
338.16 Labor Bureau of Labor Statistics consumer price index (all
338.17 urban) for that year.
338.18 (b) Support grants may be made available as monthly subsidy
338.19 grants and lump sum grants.
338.20 (c) Support grants may be issued in the form of cash,
338.21 voucher, and direct county payment to a vendor.
338.22 (d) Applications for the support grant shall be made by the
338.23 legal guardian to the county social service agency to the
338.24 department of human services. The application shall specify the
338.25 needs of the families, the form of the grant requested by the
338.26 families, and that the families have agreed to use the support
338.27 grant for items and services within the designated reimbursable
338.28 expense categories and recommendations of the county.
338.29 (e) Families who were receiving subsidies on the date of
338.30 implementation of the $60,000 income limit in paragraph (a)
338.31 continue to be eligible for a family support grant until
338.32 December 31, 1991, if all other eligibility criteria are met.
338.33 After December 31, 1991, these families are eligible for a grant
338.34 in the amount of one-half the grant they would otherwise
338.35 receive, for as long as they remain eligible under other
338.36 eligibility criteria.
339.1 Sec. 11. Minnesota Statutes 1996, section 252.32,
339.2 subdivision 3, is amended to read:
339.3 Subd. 3. [AMOUNT OF SUPPORT GRANT; USE.] Support grant
339.4 amounts shall be determined by the commissioner of human
339.5 services county social service agency. Each service and item
339.6 purchased with a support grant must:
339.7 (1) be over and above the normal costs of caring for the
339.8 dependent if the dependent did not have a disability;
339.9 (2) be directly attributable to the dependent's disabling
339.10 condition; and
339.11 (3) enable the family to delay or prevent the out-of-home
339.12 placement of the dependent.
339.13 The design and delivery of services and items purchased
339.14 under this section must suit the dependent's chronological age
339.15 and be provided in the least restrictive environment possible,
339.16 consistent with the needs identified in the individual service
339.17 plan.
339.18 Items and services purchased with support grants must be
339.19 those for which there are no other public or private funds
339.20 available to the family. Fees assessed to parents for health or
339.21 human services that are funded by federal, state, or county
339.22 dollars are not reimbursable through this program.
339.23 The maximum monthly amount shall be $250 per eligible
339.24 dependent, or $3,000 per eligible dependent per state fiscal
339.25 year, within the limits of available funds. During fiscal year
339.26 1992 and 1993, the maximum monthly grant awarded to families who
339.27 are eligible for medical assistance shall be $200, except in
339.28 cases where extreme hardship is demonstrated. The commissioner
339.29 county social service agency may consider the dependent's
339.30 supplemental security income in determining the amount of the
339.31 support grant. A variance The county social service agency may
339.32 be granted by the commissioner to exceed $3,000 per state fiscal
339.33 year per eligible dependent for emergency circumstances in cases
339.34 where exceptional resources of the family are required to meet
339.35 the health, welfare-safety needs of the child. The commissioner
339.36 county social service agency may set aside up to five percent of
340.1 the appropriation its allocation to fund emergency situations.
340.2 Effective July 1, 1997, county social service agencies
340.3 shall continue to provide funds to families receiving state
340.4 grants on June 30, 1997, if eligibility criteria continue to be
340.5 met. Any adjustments to their monthly grant amount must be
340.6 based on the needs of the family and funding availability.
340.7 Sec. 12. Minnesota Statutes 1996, section 252.32,
340.8 subdivision 3a, is amended to read:
340.9 Subd. 3a. [REPORTS AND REIMBURSEMENT ALLOCATIONS.] (a) The
340.10 commissioner shall specify requirements for quarterly fiscal and
340.11 annual program reports according to section 256.01, subdivision
340.12 2, paragraph (17). Program reports shall include data which
340.13 will enable the commissioner to evaluate program effectiveness
340.14 and to audit compliance. The commissioner shall reimburse
340.15 county costs on a quarterly basis.
340.16 (b) Beginning January 1, 1998, the commissioner shall
340.17 allocate state funds made available under this section to county
340.18 social service agencies on a calendar year basis. The
340.19 commissioner shall allocate to each county first in amounts
340.20 equal to each county's guaranteed floor as described in clause
340.21 (1), and second, any remaining funds, after the allocation of
340.22 funds to the newly participating counties as provided for in
340.23 clause (3), shall be allocated in proportion to each county's
340.24 total number of families receiving a grant on July 1 of the most
340.25 recent calendar year.
340.26 (1) Each county's guaranteed floor shall be calculated as
340.27 follows:
340.28 (i) 95 percent of the county's allocation received in the
340.29 preceding calendar year. For the calendar year 1998 allocation,
340.30 the preceding calendar year shall be considered to be double the
340.31 six-month allocation as provided in clause (2);
340.32 (ii) when the amount of funds available for allocation is
340.33 less than the amount available in the preceding year, each
340.34 county's previous year allocation shall be reduced in proportion
340.35 to the reduction in statewide funding, for the purpose of
340.36 establishing the guaranteed floor.
341.1 (2) For the period July 1, 1997, to December 31, 1997, the
341.2 commissioner shall allocate to each county an amount equal to
341.3 the actual, state approved grants issued to the families for the
341.4 month of January 1997, multiplied by six. This six-month
341.5 allocation shall be combined with the calendar year 1998
341.6 allocation and be administered as an 18-month allocation.
341.7 (3) At the commissioner's discretion, funds may be
341.8 allocated to any nonparticipating county that requests an
341.9 allocation under this section. Allocations to newly
341.10 participating counties are dependent upon the availability of
341.11 funds, as determined by the actual expenditure amount of the
341.12 participating counties for the most recently completed calendar
341.13 year.
341.14 (4) The commissioner shall regularly review the use of
341.15 family support fund allocations by county. The commissioner may
341.16 reallocate unexpended or unencumbered money at any time to those
341.17 counties that have a demonstrated need for additional funding.
341.18 (c) County allocations under this section will be adjusted
341.19 for transfers that occur according to section 256.476 or when
341.20 the county of financial responsibility changes according to
341.21 chapter 256G for eligible recipients.
341.22 Sec. 13. Minnesota Statutes 1996, section 252.32,
341.23 subdivision 3c, is amended to read:
341.24 Subd. 3c. [COUNTY BOARD RESPONSIBILITIES.] County boards
341.25 receiving funds under this section shall:
341.26 (1) determine the needs of families for services in
341.27 accordance with section 256B.092 or 256E.08 and any rules
341.28 adopted under those sections;
341.29 (2) determine the eligibility of all persons proposed for
341.30 program participation;
341.31 (3) recommend for approval all approve a plan for items and
341.32 services to be reimbursed and inform families of
341.33 the commissioner's county's approval decision;
341.34 (4) issue support grants directly to, or on behalf of,
341.35 eligible families;
341.36 (5) inform recipients of their right to appeal under
342.1 subdivision 3e;
342.2 (6) submit quarterly financial reports under subdivision 3b
342.3 and indicate on the screening documents the annual grant level
342.4 for each family, the families denied grants, and the families
342.5 eligible but waiting for funding; and
342.6 (7) coordinate services with other programs offered by the
342.7 county.
342.8 Sec. 14. Minnesota Statutes 1996, section 252.32,
342.9 subdivision 5, is amended to read:
342.10 Subd. 5. [COMPLIANCE.] If a county board or grantee does
342.11 not comply with this section and the rules adopted by the
342.12 commissioner of human services, the commissioner may recover,
342.13 suspend, or withhold payments.
342.14 Sec. 15. Minnesota Statutes 1996, section 254.04, is
342.15 amended to read:
342.16 254.04 [TREATMENT OF CHEMICALLY DEPENDENT PERSONS.]
342.17 The commissioner of human services is hereby authorized to
342.18 continue the treatment of chemically dependent persons at
342.19 Ah-Gwah-Ching and Moose Lake area programs as well as at the
342.20 regional treatment centers located at Anoka, Brainerd, Fergus
342.21 Falls, Moose Lake, St. Peter, and Willmar as specified in
342.22 section 245.652. During the year ending June 30, 1994, the
342.23 commissioner shall relocate, in the catchment area served by the
342.24 Moose Lake regional treatment center, two state-operated
342.25 off-campus programs designed to serve patients who are relocated
342.26 from the Moose Lake regional treatment center. One program
342.27 shall be a 35-bed program for women who are chemically
342.28 dependent; the other shall be a 25-bed program for men who are
342.29 chemically dependent. The facility space housing the Liberalis
342.30 chemical dependency program (building C-35) and the men's
342.31 chemical dependency program (4th floor main) may not be vacated
342.32 until suitable off-campus space for the women's chemical
342.33 dependency program of 35 beds and the men's chemical dependency
342.34 program of 25 beds is located and clients and staff are
342.35 relocated.
342.36 Sec. 16. Minnesota Statutes 1996, section 254B.02,
343.1 subdivision 3, is amended to read:
343.2 Subd. 3. [RESERVE ACCOUNT.] The commissioner shall
343.3 allocate money from the reserve account to counties that, during
343.4 the current fiscal year, have met or exceeded the base level of
343.5 expenditures for eligible chemical dependency services from
343.6 local money. The commissioner shall establish the base level
343.7 for fiscal year 1988 as the amount of local money used for
343.8 eligible services in calendar year 1986. In later years, the
343.9 base level must be increased in the same proportion as state
343.10 appropriations to implement Laws 1986, chapter 394, sections 8
343.11 to 20, are increased. The base level must be decreased if the
343.12 fund balance from which allocations are made under section
343.13 254B.02, subdivision 1, is decreased in later years. The local
343.14 match rate for the reserve account is the same rate as applied
343.15 to the initial allocation. Reserve account payments must not be
343.16 included when calculating the county adjustments made according
343.17 to subdivision 2. For counties providing medical assistance or
343.18 general assistance medical care through managed care plans on
343.19 January 1, 1996, the base year is fiscal year 1995. For
343.20 counties beginning provision of managed care after January 1,
343.21 1996, the base year is the most recent fiscal year before
343.22 enrollment in managed care begins. For counties providing
343.23 managed care, the base level will be increased or decreased in
343.24 proportion to changes in the fund balance from which allocations
343.25 are made under subdivision 2, but will be additionally increased
343.26 or decreased in proportion to the change in county adjusted
343.27 population made in subdivision 1, paragraphs (b) and (c).
343.28 Sec. 17. Minnesota Statutes 1996, section 254B.03,
343.29 subdivision 1, is amended to read:
343.30 Subdivision 1. [LOCAL AGENCY DUTIES.] (a) Every local
343.31 agency shall provide chemical dependency services to persons
343.32 residing within its jurisdiction who meet criteria established
343.33 by the commissioner for placement in a chemical dependency
343.34 residential or nonresidential treatment service. Chemical
343.35 dependency money must be administered by the local agencies
343.36 according to law and rules adopted by the commissioner under
344.1 sections 14.001 to 14.69.
344.2 (b) In order to contain costs, the county board shall, with
344.3 the approval of the commissioner of human services, select
344.4 eligible vendors of chemical dependency services who can provide
344.5 economical and appropriate treatment. Unless the local agency
344.6 is a social services department directly administered by a
344.7 county or human services board, the local agency shall not be an
344.8 eligible vendor under section 254B.05. The commissioner may
344.9 approve proposals from county boards to provide services in an
344.10 economical manner or to control utilization, with safeguards to
344.11 ensure that necessary services are provided. If a county
344.12 implements a demonstration or experimental medical services
344.13 funding plan, the commissioner shall transfer the money as
344.14 appropriate. If a county selects a vendor located in another
344.15 state, the county shall ensure that the vendor is in compliance
344.16 with the rules governing licensure of programs located in the
344.17 state.
344.18 (c) For the biennium ending June 30, 1999, the rate for
344.19 vendors may not increase more than three percent above the rate
344.20 approved on January 1, 1997.
344.21 (c) (d) A culturally specific vendor that provides
344.22 assessments under a variance under Minnesota Rules, part
344.23 9530.6610, shall be allowed to provide assessment services to
344.24 persons not covered by the variance.
344.25 Sec. 18. [256B.095] [THREE-YEAR QUALITY ASSURANCE PILOT
344.26 PROJECT ESTABLISHED.]
344.27 Effective July 1, 1998, an alternative quality assurance
344.28 licensing system pilot project for programs for persons with
344.29 developmental disabilities is established in Dodge, Fillmore,
344.30 Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, Steele,
344.31 Wabasha, and Winona counties for the purpose of improving the
344.32 quality of services provided to persons with developmental
344.33 disabilities. A county, at its option, may choose to have all
344.34 programs for persons with developmental disabilities located
344.35 within the county licensed under chapter 245A using standards
344.36 determined under the alternative quality assurance licensing
345.1 system pilot project or may continue regulation of these
345.2 programs under the licensing system operated by the
345.3 commissioner. The pilot project expires on June 30, 2001.
345.4 Sec. 19. [256B.0951] [QUALITY ASSURANCE COMMISSION.]
345.5 Subdivision 1. [MEMBERSHIP.] The region 10 quality
345.6 assurance commission is established. The commission consists of
345.7 at least 13 but not more than 20 members as follows: at least
345.8 three but not more than five members representing advocacy
345.9 organizations; at least three but not more than five members
345.10 representing consumers, families, and their legal
345.11 representatives; at least three but not more than five members
345.12 representing service providers; and at least three but not more
345.13 than five members representing counties. Initial membership of
345.14 the commission shall be recruited and approved by the region 10
345.15 stakeholders group. Prior to approving the commission's
345.16 membership, the stakeholders group shall provide to the
345.17 commissioner a list of the membership in the stakeholders group,
345.18 as of February 1, 1997, a brief summary of meetings held by the
345.19 group since July 1, 1996, and copies of any materials prepared
345.20 by the group for public distribution. The first commission
345.21 shall establish membership guidelines for the transition and
345.22 recruitment of membership for the commission's ongoing
345.23 existence. Members of the commission who do not receive a
345.24 salary or wages from an employer for time spent on commission
345.25 duties may receive a per diem payment when performing commission
345.26 duties and functions. All members may be reimbursed for
345.27 expenses related to commission activities. Notwithstanding the
345.28 provisions of section 15.059, subdivision 5, the commission
345.29 expires on June 30, 2001.
345.30 Subd. 2. [AUTHORITY TO HIRE STAFF.] The commission may
345.31 hire staff to perform the duties assigned in this section.
345.32 Subd. 3. [COMMISSION DUTIES.] (a) By October 1, 1997, the
345.33 commission, in cooperation with the commissioners of human
345.34 services and health, shall do the following: (1) approve an
345.35 alternative quality assurance licensing system based on the
345.36 evaluation of outcomes; (2) approve measurable outcomes in the
346.1 areas of health and safety, consumer evaluation, education and
346.2 training, providers, and systems that shall be evaluated during
346.3 the alternative licensing process; and (3) establish variable
346.4 licensure periods not to exceed three years based on outcomes
346.5 achieved. For purposes of this subdivision, "outcome" means the
346.6 behavior, action, or status of a person that can be observed or
346.7 measured and can be reliably and validly determined.
346.8 (b) By January 15, 1998, the commission shall approve, in
346.9 cooperation with the commissioner of human services, a training
346.10 program for members of the quality assurance teams established
346.11 under section 256B.0952, subdivision 4.
346.12 Subd. 4. [COMMISSION'S AUTHORITY TO RECOMMEND VARIANCES OF
346.13 LICENSING STANDARDS.] The commission may recommend to the
346.14 commissioners of human services and health variances from the
346.15 standards governing licensure of programs for persons with
346.16 developmental disabilities in order to improve the quality of
346.17 services by implementing an alternative developmental
346.18 disabilities licensing system if the commission determines that
346.19 the alternative licensing system does not affect the health or
346.20 safety of persons being served by the licensed program nor
346.21 compromise the qualifications of staff to provide services.
346.22 Subd. 5. [VARIANCE OF CERTAIN STANDARDS PROHIBITED.] The
346.23 safety standards, rights, or procedural protections under
346.24 sections 245.825; 245.91 to 245.97; 245A.04, subdivisions 3, 3a,
346.25 3b, and 3c; 245A.09, subdivision 2, paragraph (c), clauses (2)
346.26 and (5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092,
346.27 subdivisions 1b, clause (7), and 10; 626.556; 626.557, and
346.28 procedures for the monitoring of psychotropic medications shall
346.29 not be varied under the alternative licensing system pilot
346.30 project. The commission may make recommendations to the
346.31 commissioners of human services and health or to the legislature
346.32 regarding alternatives to or modifications of the rules
346.33 referenced in this subdivision.
346.34 Subd. 6. [PROGRESS REPORT.] The commission shall submit a
346.35 progress report to the legislature on pilot project development
346.36 by January 15, 1998. The report shall include recommendations
347.1 on any legislative changes necessary to improve cooperation
347.2 between the commission and the commissioners of human services
347.3 and health.
347.4 Sec. 20. [256B.0952] [COUNTY DUTIES; QUALITY ASSURANCE
347.5 TEAMS.]
347.6 Subdivision 1. [NOTIFICATION.] By January 15, 1998, each
347.7 affected county shall notify the commission and the
347.8 commissioners of human services and health as to whether it
347.9 chooses to implement on July 1, 1998, the alternative licensing
347.10 system for the pilot project. A county that does not implement
347.11 the alternative licensing system on July 1, 1998, may give
347.12 notice to the commission and the commissioners by January 15,
347.13 1999, or January 15, 2000, that it will implement the
347.14 alternative licensing system on the following July 1. A county
347.15 that implements the alternative licensing system commits to
347.16 participate until June 30, 2001.
347.17 Subd. 2. [APPOINTMENT OF REVIEW COUNCIL; DUTIES OF
347.18 COUNCIL.] A county or group of counties that chooses to
347.19 participate in the alternative licensing system shall appoint a
347.20 quality assurance review council comprised of advocates;
347.21 consumers, families, and their legal representatives; providers;
347.22 and county staff. The council shall:
347.23 (1) review summary reports from quality assurance team
347.24 reviews and make recommendations to counties regarding program
347.25 licensure;
347.26 (2) make recommendations to the commission regarding the
347.27 alternative licensing system and quality assurance process; and
347.28 (3) resolve complaints between the quality assurance teams,
347.29 counties, providers, and consumers, families, and their legal
347.30 representatives.
347.31 Subd. 3. [NOTICE TO COMMISSIONERS.] The county, based on
347.32 reports from quality assurance managers and recommendations from
347.33 the quality assurance review council regarding the findings of
347.34 quality assurance teams, shall notify the commissioners of human
347.35 services and health regarding whether facilities, programs, or
347.36 services have met the outcome standards for licensure and are
348.1 eligible for payment.
348.2 Subd. 4. [APPOINTMENT OF QUALITY ASSURANCE MANAGER.] (a) A
348.3 county or group of counties that chooses to participate in the
348.4 alternative licensing system shall designate a quality assurance
348.5 manager and shall establish quality assurance teams in
348.6 accordance with subdivision 5. The manager shall recruit,
348.7 train, and assign duties to the quality assurance team members.
348.8 In assigning team members to conduct the quality assurance
348.9 process at a facility, program, or service, the manager shall
348.10 take into account the size of the service provider, the number
348.11 of services to be reviewed, the skills necessary for team
348.12 members to complete the process, and other relevant factors.
348.13 The manager shall ensure that no team member has a financial,
348.14 personal, or family relationship with the facility, program, or
348.15 service being reviewed or with any clients of the facility,
348.16 program, or service.
348.17 (b) Quality assurance teams shall report the findings of
348.18 their quality assurance reviews to the quality assurance manager.
348.19 The quality assurance manager shall provide the report from the
348.20 quality assurance team to the county and commissioners of human
348.21 services and health and a summary of the report to the quality
348.22 assurance review council.
348.23 Subd. 5. [QUALITY ASSURANCE TEAMS.] Quality assurance
348.24 teams shall be comprised of county staff; providers; consumers,
348.25 families, and their legal representatives; members of advocacy
348.26 organizations; and other involved community members. Team
348.27 members must satisfactorily complete the training program
348.28 approved by the commission and must demonstrate
348.29 performance-based competency. Team members are not considered
348.30 to be county employees for purposes of workers' compensation,
348.31 unemployment compensation, or state retirement laws solely on
348.32 the basis of participation on a quality assurance team. The
348.33 county may pay a per diem to team members who do not receive a
348.34 salary or wages from an employer for time spent on alternative
348.35 quality assurance process matters. All team members may be
348.36 reimbursed for expenses related to their participation in the
349.1 alternative process.
349.2 Subd. 6. [LICENSING FUNCTIONS.] Participating counties
349.3 shall perform licensing functions and activities as delegated by
349.4 the commissioner of human services in accordance with section
349.5 245A.16.
349.6 Sec. 21. [256B.0953] [QUALITY ASSURANCE PROCESS.]
349.7 Subdivision 1. [PROCESS COMPONENTS.] (a) The quality
349.8 assurance licensing process consists of an evaluation by a
349.9 quality assurance team of the facility, program, or service
349.10 according to outcome-based measurements. The process must
349.11 include an evaluation of a random sample of program consumers.
349.12 The sample must be representative of each service provided. The
349.13 sample size must be at least five percent of consumers but not
349.14 less than three consumers.
349.15 (b) All consumers must be given the opportunity to be
349.16 included in the quality assurance process in addition to those
349.17 chosen for the random sample.
349.18 Subd. 2. [LICENSURE PERIODS.] (a) In order to be licensed
349.19 under the alternative quality assurance process, a facility,
349.20 program, or service must satisfy the health and safety outcomes
349.21 approved for the pilot project.
349.22 (b) Licensure shall be approved for periods of one to three
349.23 years for a facility, program, or service that satisfies the
349.24 requirements of paragraph (a) and achieves the outcome
349.25 measurements in the categories of consumer evaluation, education
349.26 and training, providers, and systems.
349.27 Subd. 3. [APPEALS PROCESS.] A facility, program, or
349.28 service may contest a licensing decision of the quality
349.29 assurance team as permitted under chapter 245A.
349.30 Sec. 22. [256B.0954] [CERTAIN PERSONS DEFINED AS MANDATED
349.31 REPORTERS.]
349.32 Members of the quality assurance commission established
349.33 under section 256B.0951, members of quality assurance review
349.34 councils established under section 256B.0952, quality assurance
349.35 managers appointed under section 256B.0952, and members of
349.36 quality assurance teams established under section 256B.0952 are
350.1 mandated reporters as that term is defined in sections 626.556,
350.2 subdivision 3, and 626.5572, subdivision 16.
350.3 Sec. 23. [256B.0955] [DUTIES OF THE COMMISSIONER OF HUMAN
350.4 SERVICES.]
350.5 (a) Effective July 1, 1998, the commissioner of human
350.6 services shall delegate authority to perform licensing functions
350.7 and activities, in accordance with section 245A.16, to counties
350.8 participating in the alternative licensing system. The
350.9 commissioner shall not license or reimburse a facility, program,
350.10 or service for persons with developmental disabilities in a
350.11 county that participates in the alternative licensing system if
350.12 the commissioner has received from the appropriate county
350.13 notification that the facility, program, or service has been
350.14 reviewed by a quality assurance team and has failed to qualify
350.15 for licensure.
350.16 (b) The commissioner may conduct random licensing
350.17 inspections based on outcomes adopted under section 256B.0951 at
350.18 facilities, programs, and services governed by the alternative
350.19 licensing system. The role of such random inspections shall be
350.20 to verify that the alternative licensing system protects the
350.21 safety and well-being of consumers and maintains the
350.22 availability of high-quality services for persons with
350.23 developmental disabilities.
350.24 (c) The commissioner shall provide technical assistance and
350.25 support or training to the alternative licensing system pilot
350.26 project.
350.27 (d) The commissioner and the commission shall establish an
350.28 ongoing evaluation process for the alternative licensing system.
350.29 (e) The commissioner shall contract with an independent
350.30 entity to conduct a financial review of the alternative
350.31 licensing system, including an evaluation of possible budgetary
350.32 savings within the department of human services and the
350.33 department of health as a result of implementation of the
350.34 alternative quality assurance licensing system. This review
350.35 must be completed by December 15, 2000.
350.36 (f) The commissioner and the commission shall submit a
351.1 report to the legislature by January 15, 2001, on the results of
351.2 the evaluation process of the alternative licensing system, a
351.3 summary of the results of the independent financial review, and
351.4 a recommendation on whether the pilot project should be extended
351.5 beyond June 30, 2001.
351.6 Sec. 24. Minnesota Statutes 1996, section 256B.49,
351.7 subdivision 1, is amended to read:
351.8 Subdivision 1. [STUDY; WAIVER APPLICATION.] The
351.9 commissioner shall authorize a study to assess the need for home
351.10 and community-based waivers for chronically ill children who
351.11 have been and will continue to be hospitalized without a waiver,
351.12 and for disabled individuals under the age of 65 who are likely
351.13 to reside in an acute care or nursing home facility in the
351.14 absence of a waiver. If a need for these waivers can be
351.15 demonstrated, the commissioner shall apply for federal waivers
351.16 necessary to secure, to the extent allowed by law, federal
351.17 participation under United States Code, title 42, sections
351.18 1396-1396p, as amended through December 31, 1982, for the
351.19 provision of home and community-based services to chronically
351.20 ill children who, in the absence of such a waiver, would remain
351.21 in an acute care setting, and to disabled individuals under the
351.22 age of 65 who, in the absence of a waiver, would reside in an
351.23 acute care or nursing home setting. If the need is
351.24 demonstrated, the commissioner shall request a waiver under
351.25 United States Code, title 42, sections 1396-1396p, to allow
351.26 medicaid eligibility for blind or disabled children with
351.27 ineligible parents where income deemed from the parents would
351.28 cause the applicant to be ineligible for supplemental security
351.29 income if the family shared a household and to furnish necessary
351.30 services in the home or community to disabled individuals under
351.31 the age of 65 who would be eligible for medicaid if
351.32 institutionalized in an acute care or nursing home setting.
351.33 These waivers are requested to furnish necessary services in the
351.34 home and community setting to children or disabled adults under
351.35 age 65 who are medicaid eligible when institutionalized in an
351.36 acute care or nursing home setting. The commissioner shall
352.1 assure that the cost of home and community-based care will not
352.2 be more than the cost of care if the eligible child or disabled
352.3 adult under age 65 were to remain institutionalized. The
352.4 average monthly limit for the cost of home and community-based
352.5 services to a community alternative care waiver client,
352.6 determined on a 12-month basis, shall not exceed the statewide
352.7 average medical assistance adjusted base year operating cost for
352.8 nursing and accommodation services under sections 256.9685 to
352.9 256.969 for the diagnostic category to which the waiver client
352.10 would be assigned except the admission and outlier rates shall
352.11 be converted to an overall per diem. The average monthly limit
352.12 for the cost of services to a traumatic brain injury
352.13 neurobehavioral hospital waiver client, determined on a 12-month
352.14 basis, shall not exceed the statewide average medical assistance
352.15 adjusted base-year operating cost for nursing and accommodation
352.16 services of neurobehavioral rehabilitation programs in Medicare
352.17 designated long-term hospitals under sections 256.9685 to
352.18 256.969. The following costs must be included in determining
352.19 the total average monthly costs for a waiver client:
352.20 (1) cost of all waivered services; and
352.21 (2) cost of skilled nursing, private duty nursing, home
352.22 health aide, and personal care services reimbursable by medical
352.23 assistance.
352.24 The commissioner of human services shall seek federal
352.25 waivers as necessary to implement the average monthly limit.
352.26 The commissioner shall seek to amend the federal waivers
352.27 obtained under this section to apply criteria to protect against
352.28 spousal impoverishment as authorized under United States Code,
352.29 title 42, section 1396r-5, and as implemented in sections
352.30 256B.0575, 256B.058, and 256B.059, except that the amendment
352.31 shall seek to add to the personal needs allowance permitted in
352.32 section 256B.0575, an amount equivalent to the group residential
352.33 housing rate as set by section 256I.03, subdivision 5.
352.34 Sec. 25. Laws 1995, chapter 207, article 8, section 41,
352.35 subdivision 2, is amended to read:
352.36 Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] (a) The
353.1 pilot projects shall be established to design, plan, and improve
353.2 the mental health service delivery system for adults with
353.3 serious and persistent mental illness that would:
353.4 (1) provide an expanded array of services from which
353.5 clients can choose services appropriate to their needs;
353.6 (2) be based on purchasing strategies that improve access
353.7 and coordinate services without cost shifting;
353.8 (3) incorporate existing state facilities and resources
353.9 into the community mental health infrastructure through creative
353.10 partnerships with local vendors; and
353.11 (4) utilize existing categorical funding streams and
353.12 reimbursement sources in combined and creative ways, except
353.13 appropriations to regional treatment centers and all funds that
353.14 are attributable to the operation of state-operated services are
353.15 excluded unless appropriated specifically by the legislature for
353.16 a purpose consistent with this section.
353.17 (b) All projects funded by January 1, 1997, must complete
353.18 their the planning phase and be operational by June 30, 1997;
353.19 all projects funded by January 1, 1998, must be operational by
353.20 June 30, 1998.
353.21 Sec. 26. [NAMES REQUIRED ON GRAVES.]
353.22 Unless the individual's family indicates otherwise to the
353.23 appropriate authority, the commissioner of human services with
353.24 assistance of the communities in which regional treatment
353.25 centers are located and in consultation with the state council
353.26 on disability shall replace numbers with the names of
353.27 individuals whose graves are located at regional treatment
353.28 centers operated by the commissioner or formerly operated by the
353.29 commissioner. The commissioner and the state council on
353.30 disability shall develop a plan to accomplish this
353.31 systematically over a five-year period. The individual names
353.32 may be placed on a central marker or memorial for a designated
353.33 cemetery.
353.34 Sec. 27. [WAIVER AMENDMENT.]
353.35 By July 15, 1997, the commissioner of human services shall
353.36 submit proposed amendments to the Health Care Financing
354.1 Administration for changes in the home and community-based
354.2 waiver for persons with mental retardation or a related
354.3 condition that maximize the number of persons served within the
354.4 limits of appropriations and divert persons from institutional
354.5 placement. The commissioner shall monitor county utilization of
354.6 allocated resources and, as appropriate, reassign resources not
354.7 utilized. Priority consideration for the reassignment of
354.8 resources shall be given to counties who enter into written
354.9 agreements with other counties to jointly plan, request
354.10 resources, and develop services for persons with mental
354.11 retardation or a related condition who are screened and waiting
354.12 for waivered services. In addition to the priorities listed in
354.13 Minnesota Rules, part 9525.1880, the commissioner shall also
354.14 give priority consideration to persons whose living situations
354.15 are unstable due to the age or incapacity of the primary
354.16 caregiver. The commissioner shall report to the chairs of the
354.17 senate health and family security budget division and the house
354.18 health and human services finance division by March 1, 1998, on
354.19 the results of the waiver amendment, the authorization and
354.20 utilization of waivered services for persons with mental
354.21 retardation or a related condition, including crisis respite
354.22 services, plans to increase the number of counties working
354.23 together, additional persons served by the reassignment of
354.24 resources, and options which would allow an increased number of
354.25 persons to be served within the existing appropriation.
354.26 Sec. 28. [REQUEST FOR WAIVER.]
354.27 By January 1, 1998, the commissioner of human services or
354.28 health shall request a waiver from the federal Department of
354.29 Health and Human Services to permit the use of the alternative
354.30 quality assurance system to license and certify intermediate
354.31 care facilities for persons with mental retardation.
354.32 Sec. 29. [REPEALER.]
354.33 Minnesota Statutes 1996, sections 252.32, subdivision 4;
354.34 and 256B.501, subdivision 5c, are repealed.
354.35 Sec. 30. [EFFECTIVE DATE.]
354.36 Sections 2, 3, 6, 9, 15, and 27 are effective the day
355.1 following final enactment.
355.2 ARTICLE 8
355.3 DEMONSTRATION PROJECT FOR PERSONS WITH DISABILITIES
355.4 Section 1. [256B.77] [COORDINATED SERVICE DELIVERY SYSTEM
355.5 FOR PEOPLE WITH DISABILITIES.]
355.6 Subdivision 1. [DEMONSTRATION PROJECT FOR PEOPLE WITH
355.7 DISABILITIES.] (a) The commissioner of human services, in
355.8 cooperation with county authorities, shall develop and implement
355.9 a demonstration project to create a coordinated service delivery
355.10 system in which the full medical assistance benefit set for
355.11 disabled persons eligible for medical assistance is provided and
355.12 funded on a capitated basis. The demonstration period shall be
355.13 a minimum of three years.
355.14 (b) Each demonstration site shall, under county authority,
355.15 establish a local group to assist the commissioner in planning,
355.16 designing, implementing, and evaluating the coordinated service
355.17 delivery system in their area. This local group shall include
355.18 county agencies, providers, consumers, family members,
355.19 advocates, tribal governments, a local representative of labor,
355.20 and advocacy organizations, and may include health plan
355.21 companies. Consumers, families, and consumer representatives
355.22 must be involved in the planning, implementation, and evaluation
355.23 processes for the demonstration project.
355.24 Subd. 2. [DEFINITIONS.] For the purposes of this section,
355.25 the following terms have the meanings given:
355.26 (a) "Acute care" means hospital, physician, and other
355.27 health and dental services covered in the medical assistance
355.28 benefit set that are not specified in the intergovernmental
355.29 contract or service delivery contract as continuing care
355.30 services.
355.31 (b) "Additional services" means services developed and
355.32 provided through the county administrative entity or service
355.33 delivery organization, which are in addition to the medical
355.34 assistance benefit set.
355.35 (c) "Advocate" means an individual who:
355.36 (1) has been authorized by the enrollee or the enrollee's
356.1 legal representative to help the enrollee understand information
356.2 presented and to speak on the enrollee's behalf, based on
356.3 directions and decisions by the enrollee or the enrollee's legal
356.4 representative; and
356.5 (2) represents only the enrollee and the enrollee's legal
356.6 representative.
356.7 (d) "Advocacy organization" means an organization whose
356.8 primary purpose is to advocate for the needs of persons with
356.9 disabilities.
356.10 (e) "Alternative services" means services developed and
356.11 provided through the county administrative entity or service
356.12 delivery organization that are not part of the medical
356.13 assistance benefit set.
356.14 (f) "Commissioner" means the commissioner of human services.
356.15 (g) "Continuing care" means any services, including
356.16 long-term support services, covered in the medical assistance
356.17 benefit set that are not specified in the intergovernmental
356.18 contract or service delivery contract as acute care.
356.19 (h) "County administrative entity" means the county
356.20 administrative structure defined and designated by the county
356.21 authority to implement the demonstration project under the
356.22 direction of the county authority.
356.23 (i) "County authority" means the board of county
356.24 commissioners or a single entity representing multiple boards of
356.25 county commissioners.
356.26 (j) "Demonstration period" means the period of time during
356.27 which county administrative entities or service delivery
356.28 organizations will provide services to enrollees.
356.29 (k) "Demonstration site" means the geographic area in which
356.30 eligible individuals may be included in the demonstration
356.31 project.
356.32 (l) "Department" means the department of human services.
356.33 (m) "Emergency" means a condition that if not immediately
356.34 treated could cause a person serious physical or mental
356.35 disability, continuation of severe pain, or death. Labor and
356.36 delivery is an emergency if it meets this definition.
357.1 (n) "Enrollee" means an eligible individual who is enrolled
357.2 in the demonstration project.
357.3 (o) "Informed choice" means a voluntary decision made by
357.4 the enrollee or the enrollee's legal representative, after
357.5 becoming familiar with the alternatives, and having been
357.6 provided sufficient relevant written and oral information at an
357.7 appropriate comprehension level and in a manner consistent with
357.8 the enrollee's or the enrollee's legal representative's primary
357.9 mode of communication.
357.10 (p) "Informed consent" means the written agreement, or an
357.11 agreement as documented in the record, by a competent enrollee,
357.12 or an enrollee's legal representative, who:
357.13 (1) has the capacity to make reasoned decisions based on
357.14 relevant information;
357.15 (2) is making decisions voluntarily and without coercion;
357.16 and
357.17 (3) has knowledge to make informed choice.
357.18 (q) "Intergovernmental contract" means the agreement
357.19 between the commissioner and the county authority.
357.20 (r) "Legal representative" means an individual who is
357.21 legally authorized to provide informed consent or make informed
357.22 choices on a person's behalf. A legal representative may be one
357.23 of the following individuals:
357.24 (1) the parent of a minor who has not been emancipated;
357.25 (2) a court-appointed guardian or conservator of a person
357.26 who is 18 years of age or older, in areas where legally
357.27 authorized to make decisions;
357.28 (3) a guardian ad litem or special guardian or conservator,
357.29 in areas where legally authorized to make decisions;
357.30 (4) legal counsel if so specified by the person; or
357.31 (5) any other legally authorized individual.
357.32 The county administrative entity is prohibited from acting as
357.33 legal representative for any enrollee, as long as the provisions
357.34 of subdivision 15 are funded.
357.35 (s) "Life domain areas" include, but are not limited to:
357.36 home, family, education, employment, social environment,
358.1 psychological and emotional health, self-care, independence,
358.2 physical health, need for legal representation and legal needs,
358.3 financial needs, safety, and cultural identification and
358.4 spiritual needs.
358.5 (t) "Medical assistance benefit set" means the services
358.6 covered under this chapter and accompanying rules which are
358.7 provided according to the definition of medical necessity in
358.8 Minnesota Rules, part 9505.0175, subpart 25.
358.9 (u) "Outcome" means the targeted behavior, action, or
358.10 status of the enrollee that can be observed and or measured.
358.11 (v) "Personal support plan" means a document agreed to and
358.12 signed by the enrollee and the enrollee's legal representative,
358.13 if any, which describes:
358.14 (1) the assessed needs and strengths of the enrollee;
358.15 (2) the outcomes chosen by the enrollee or their legal
358.16 representative;
358.17 (3) the amount, type, setting, start date, duration, and
358.18 frequency of services and supports authorized by the county
358.19 administrative entity or service delivery organization to
358.20 achieve the chosen outcomes;
358.21 (4) a description of needed services and supports that are
358.22 not the responsibility of the county administrative entity or
358.23 service delivery organization and plans for addressing those
358.24 needs;
358.25 (5) plans for referring to and coordinating between all
358.26 agencies or individuals providing needed services and supports;
358.27 (6) the use of regulated treatment; and
358.28 (7) the transition of a child to the adult service system.
358.29 (w) "Regulated treatment" means any behaviorally altering
358.30 medication of any classification or any aversive or deprivation
358.31 procedure as defined in rules or statutes applicable to eligible
358.32 individuals.
358.33 (x) "Service delivery contract" means the agreement between
358.34 the commissioner or the county authority and the service
358.35 delivery organization in those areas in which the county
358.36 authority has provided written approval.
359.1 (y) "Service delivery organization" means an entity that is
359.2 licensed as a health maintenance organization under chapter 62D
359.3 or a community integrated service network under chapter 62N and
359.4 is under contract with the commissioner or a county authority to
359.5 participate in the demonstration project. If authorized in
359.6 contract by the commissioner or the county authority, a service
359.7 delivery organization participating in the demonstration project
359.8 shall have the duties, responsibilities, and obligations defined
359.9 under subdivisions 8, 9, 18, and 19.
359.10 (z) "Urgent situation" means circumstances in which care is
359.11 needed as soon as possible, usually with 24 hours, to protect
359.12 the health of an enrollee.
359.13 Subd. 3. [ASSURANCES TO THE COMMISSIONER OF HEALTH.] A
359.14 county authority that elects to participate in a demonstration
359.15 project for people with disabilities under this section is not
359.16 required to obtain a certificate of authority under chapter 62D
359.17 or 62N. A county authority that elects to participate in a
359.18 demonstration project for people with disabilities under this
359.19 section must assure the commissioner of health that the
359.20 requirements of chapters 62D and 62N are met. All enforcement
359.21 and rulemaking powers available under chapters 62D and 62N are
359.22 granted to the commissioner of health with respect to the county
359.23 authorities that contract with the commissioner to purchase
359.24 services in a demonstration project for people with disabilities
359.25 under this section.
359.26 Subd. 4. [FEDERAL WAIVERS.] The commissioner, in
359.27 consultation with county authorities, shall request any
359.28 authority from the United States Department of Health and Human
359.29 Services that is necessary to implement the demonstration
359.30 project under the medical assistance program; and authority to
359.31 combine Medicaid and Medicare funding for service delivery to
359.32 eligible individuals who are also eligible for Medicare, only if
359.33 this authority does not preclude county authority participation
359.34 under the waiver. Implementation of these programs may begin
359.35 without authority to include medicare funding. The commissioner
359.36 may authorize county authorities to begin enrollment of eligible
360.1 individuals upon federal approval but no earlier than July 1,
360.2 1998.
360.3 Subd. 5. [DEMONSTRATION SITES.] The commissioner shall
360.4 designate up to two demonstration sites with the approval of the
360.5 county authority. Demonstration sites may include one county or
360.6 a multicounty group. At least one of the sites shall implement
360.7 a model specifically addressing the needs of eligible
360.8 individuals with physical disabilities. By February 1, 1998,
360.9 the commissioner and the county authorities shall submit to the
360.10 chairs of the senate committee on health and family security and
360.11 the house committee on health and human services a phased
360.12 enrollment plan to ensure an orderly transition which protects
360.13 the health and safety of enrollees and ensures continuity of
360.14 services.
360.15 Subd. 6. [RESPONSIBILITIES OF THE COUNTY AUTHORITY.] (a)
360.16 The commissioner may execute an intergovernmental contract with
360.17 any county authority that demonstrates the ability to arrange
360.18 for and coordinate services for enrollees covered under this
360.19 section according to the terms and conditions specified by the
360.20 commissioner. With the written consent of the county authority,
360.21 the commissioner may issue a request for proposals for service
360.22 delivery organizations to provide portions of the medical
360.23 assistance benefit set not contracted for by the county
360.24 authority. County authorities that do not contract for the full
360.25 medical assistance benefit set must ensure coordination with the
360.26 entities responsible for the remainder of the covered services.
360.27 (b) No less than 90 days before the intergovernmental
360.28 contract is executed, the county authority shall submit to the
360.29 commissioner an initial proposal on how it will address the
360.30 areas listed in this subdivision and subdivisions 1, 7, 8, 9,
360.31 12, 18, and 19. The county authority shall submit to the
360.32 commissioner annual reports describing its progress in
360.33 addressing these areas.
360.34 (c) Each county authority shall develop policies to address
360.35 conflicts of interest, including public guardianship and
360.36 representative payee issues.
361.1 (d) Each county authority shall annually evaluate the
361.2 effectiveness of the service coordination provided according to
361.3 subdivision 12 and shall take remedial or corrective action if
361.4 the service coordination does not fulfill the requirements of
361.5 that subdivision.
361.6 Subd. 7. [ELIGIBILITY AND ENROLLMENT.] The commissioner,
361.7 in consultation with the county authority, shall develop a
361.8 process for enrolling eligible individuals in the demonstration
361.9 project. A county or counties may limit enrollment in the
361.10 demonstration project to one or more of the disability
361.11 populations described in subdivision 7a, paragraph (b).
361.12 Enrollment into county administrative entities and service
361.13 delivery organizations shall be conducted according to the terms
361.14 of the federal waiver. Enrollment of eligible individuals under
361.15 the demonstration project may be phased in with approval of the
361.16 commissioner. The commissioner shall ensure that eligibility
361.17 for medical assistance and enrollment for the person are
361.18 determined by individuals outside of the county administrative
361.19 entity.
361.20 Subd. 7a. [ELIGIBLE INDIVIDUALS.] (a) Persons are eligible
361.21 for the demonstration project as provided in this subdivision.
361.22 (b) "Eligible individuals" means those persons living in
361.23 the demonstration site who are eligible for medical assistance
361.24 and are disabled based on a disability determination under
361.25 section 256B.055, subdivisions 7 and 12, or who are eligible for
361.26 medical assistance and have been diagnosed as having:
361.27 (1) serious and persistent mental illness as defined in
361.28 section 245.462, subdivision 20;
361.29 (2) severe emotional disturbance as defined in section
361.30 245.487, subdivision 6; or
361.31 (3) mental retardation or a related condition as defined in
361.32 section 252.27, subdivision 1a.
361.33 Other individuals may be included at the option of the county
361.34 authority based on agreement with the commissioner.
361.35 (c) Eligible individuals residing on a federally recognized
361.36 Indian reservation may be excluded from participation in the
362.1 demonstration project at the discretion of the tribal government
362.2 based on agreement with the commissioner, in consultation with
362.3 the county authority.
362.4 (d) Eligible individuals include individuals in excluded
362.5 time status, as defined in chapter 256G. Enrollees in excluded
362.6 time at the time of enrollment shall remain in excluded time
362.7 status as long as they live in the demonstration site and shall
362.8 be eligible for 90 days after placement outside the
362.9 demonstration site if they move to excluded time status in a
362.10 county within Minnesota other than their county of financial
362.11 responsibility.
362.12 (e) A person who is a sexual psychopathic personality as
362.13 defined in section 253B.02, subdivision 18a, or a sexually
362.14 dangerous person as defined in section 253B.02, subdivision 18b,
362.15 is excluded from enrollment in the demonstration project.
362.16 Subd. 8. [RESPONSIBILITIES OF THE COUNTY ADMINISTRATIVE
362.17 ENTITY.] (a) The county administrative entity shall meet the
362.18 requirements of this subdivision, unless the county authority or
362.19 the commissioner, with written approval of the county authority,
362.20 enters into a service delivery contract with a service delivery
362.21 organization for any or all of the requirements contained in
362.22 this subdivision.
362.23 (b) The county administrative entity shall enroll eligible
362.24 individuals regardless of health or disability status.
362.25 (c) The county administrative entity shall provide all
362.26 enrollees timely access to the medical assistance benefit set.
362.27 Alternative services and additional services are available to
362.28 enrollees at the option of the county administrative entity and
362.29 may be provided if specified in the personal support plan.
362.30 County authorities are not required to seek prior authorization
362.31 from the department as required by the laws and rules governing
362.32 medical assistance.
362.33 (d) The county administrative entity shall cover necessary
362.34 services as a result of an emergency without prior
362.35 authorization, even if the services were rendered outside of the
362.36 provider network.
363.1 (e) The county administrative entity shall authorize
363.2 necessary and appropriate services when needed and requested by
363.3 the enrollee or the enrollee's legal representative in response
363.4 to an urgent situation. Enrollees shall have 24-hour access to
363.5 urgent care services coordinated by experienced disability
363.6 providers who have information about enrollees' needs and
363.7 conditions.
363.8 (f) The county administrative entity shall accept the
363.9 capitation payment from the commissioner in return for the
363.10 provision of services for enrollees.
363.11 (g) The county administrative entity shall maintain
363.12 internal grievance and complaint procedures, including an
363.13 expedited informal complaint process in which the county
363.14 administrative entity must respond to verbal complaints within
363.15 ten calendar days, and a formal grievance process, in which the
363.16 county administrative entity must respond to written complaints
363.17 within 30 calendar days.
363.18 (h) The county administrative entity shall provide a
363.19 certificate of coverage, upon enrollment, to each enrollee and
363.20 the enrollee's legal representative, if any, which describes the
363.21 benefits covered by the county administrative entity, any
363.22 limitations on those benefits, and information about providers
363.23 and the service delivery network. This information must also be
363.24 made available to prospective enrollees. This certificate must
363.25 be approved by the commissioner.
363.26 (i) The county administrative entity shall present evidence
363.27 of an expedited process to approve exceptions to benefits,
363.28 provider network restrictions, and other plan limitations under
363.29 appropriate circumstances.
363.30 (j) The county administrative entity shall provide
363.31 enrollees or their legal representatives with written notice of
363.32 their appeal rights under subdivision 16, and of ombudsman and
363.33 advocacy programs under subdivisions 13 and 14, at the following
363.34 times: upon enrollment, upon submission of a written complaint,
363.35 when a service is reduced, denied, or terminated, or when
363.36 renewal of authorization for ongoing service is refused.
364.1 (k) The county administrative entity shall determine
364.2 immediate needs, including services, support, and assessments,
364.3 within 30 calendar days of enrollment, or within a shorter time
364.4 frame if specified in the intergovernmental contract.
364.5 (l) The county administrative entity shall assess the need
364.6 for services of new enrollees within 60 calendar days of
364.7 enrollment, or within a shorter time frame if specified in the
364.8 intergovernmental contract, and periodically reassess the need
364.9 for services for all enrollees.
364.10 (m) The county administrative entity shall ensure the
364.11 development of a personal support plan for each person within 60
364.12 calendar days of enrollment, or within a shorter time frame if
364.13 specified in the intergovernmental contract, unless otherwise
364.14 agreed to by the enrollee and the enrollee's legal
364.15 representative, if any. Until a personal support plan is
364.16 developed and agreed to by the enrollee, enrollees must have
364.17 access to the same amount, type, setting, duration, and
364.18 frequency of covered services that they had at the time of
364.19 enrollment unless other covered services are needed. For an
364.20 enrollee who is not receiving covered services at the time of
364.21 enrollment and for enrollees whose personal support plan is
364.22 being revised, access to the medical assistance benefit set must
364.23 be assured until a personal support plan is developed or
364.24 revised. The personal support plan must be based on choices,
364.25 preferences, and assessed needs and strengths of the enrollee.
364.26 The service coordinator shall develop the personal support plan,
364.27 in consultation with the enrollee or the enrollee's legal
364.28 representative and other individuals requested by the enrollee.
364.29 The personal support plan must be updated as needed or as
364.30 requested by the enrollee. Enrollees may choose not to have a
364.31 personal support plan.
364.32 (n) The county administrative entity shall ensure timely
364.33 authorization, arrangement, and continuity of needed and covered
364.34 supports and services.
364.35 (o) The county administrative entity shall offer service
364.36 coordination that fulfills the responsibilities under
365.1 subdivision 12 and is appropriate to the enrollee's needs,
365.2 choices, and preferences, including a choice of service
365.3 coordinator.
365.4 (p) The county administrative entity shall contract with
365.5 schools and other agencies as appropriate to provide otherwise
365.6 covered medically necessary medical assistance services as
365.7 described in an enrollee's individual family support plan, as
365.8 described in section 120.1701, or individual education plan, as
365.9 described in chapter 120.
365.10 (q) The county administrative entity shall develop and
365.11 implement strategies, based on consultation with affected
365.12 groups, to respect diversity and ensure culturally competent
365.13 service delivery in a manner that promotes the physical, social,
365.14 psychological, and spiritual well-being of enrollees and
365.15 preserves the dignity of individuals, families, and their
365.16 communities.
365.17 (r) When an enrollee changes county authorities, county
365.18 administrative entities shall ensure coordination with the
365.19 entity that is assuming responsibility for administering the
365.20 medical assistance benefit set to ensure continuity of supports
365.21 and services for the enrollee.
365.22 (s) The county administrative entity shall comply with
365.23 additional requirements as specified in the intergovernmental
365.24 contract.
365.25 (t) To the extent that alternatives are approved under
365.26 subdivision 17, county administrative entities must provide for
365.27 the health and safety of enrollees and protect the rights to
365.28 privacy and to provide informed consent.
365.29 Subd. 9. [CONSUMER CHOICE AND SAFEGUARDS.] (a) The
365.30 commissioner may require all eligible individuals to obtain
365.31 services covered under this chapter through county authorities.
365.32 Enrollees shall be given choices among a range of available
365.33 providers with expertise in serving persons of their age and
365.34 with their category of disability. If the county authority is
365.35 also a provider of services covered under the demonstration
365.36 project, other than service coordination, the enrollee shall be
366.1 given the choice of at least one other provider of that
366.2 service. The commissioner shall ensure that all enrollees have
366.3 continued access to medically necessary covered services.
366.4 (b) The commissioner must ensure that a set of enrollee
366.5 safeguards in the categories of access, choice, comprehensive
366.6 benefits, access to specialist care, disclosure of financial
366.7 incentives to providers, prohibition of exclusive provider
366.8 contracting and gag clauses, legal representation, guardianship,
366.9 representative payee, quality, rights and appeals, privacy, data
366.10 collection, and confidentiality are in place prior to enrollment
366.11 of eligible individuals.
366.12 (c) If multiple service delivery organizations are offered
366.13 for acute or continuing care within a demonstration site,
366.14 enrollees shall be given a choice of these organizations. A
366.15 choice is required if the county authority operates its own
366.16 health maintenance organization, community integrated service
366.17 network, or similar plan. Enrollees shall be given
366.18 opportunities to change enrollment in these organizations within
366.19 12 months following initial enrollment into the demonstration
366.20 project and shall also be offered an annual open enrollment
366.21 period, during which they are permitted to change their service
366.22 delivery organization.
366.23 (d) Enrollees shall have the option to change their primary
366.24 care provider once per month.
366.25 (e) The commissioner may waive the choice of provider
366.26 requirements in paragraph (a) or the choice of service delivery
366.27 organization requirements in paragraph (c) if the county
366.28 authority can demonstrate that, despite reasonable efforts, no
366.29 other provider of the service or service delivery organization
366.30 can be made available within the cost and quality requirements
366.31 of the demonstration project.
366.32 Subd. 10. [CAPITATION PAYMENT.] (a) The commissioner shall
366.33 pay a capitation payment to the county authority and, when
366.34 applicable under subdivision 6, paragraph (a), to the service
366.35 delivery organization for each medical assistance eligible
366.36 enrollee. The commissioner shall develop capitation payment
367.1 rates for the initial contract period for each demonstration
367.2 site in consultation with an independent actuary, to ensure that
367.3 the cost of services under the demonstration project does not
367.4 exceed the estimated cost for medical assistance services for
367.5 the covered population under the fee-for-service system for the
367.6 demonstration period. For each year of the demonstration
367.7 project, the capitation payment rate shall be based on 96
367.8 percent of the projected per person costs that would otherwise
367.9 have been paid under medical assistance fee-for-service during
367.10 each of those years. Rates shall be adjusted within the limits
367.11 of the available risk adjustment technology, as mandated by
367.12 section 62Q.03. In addition, the commissioner shall implement
367.13 appropriate risk and savings sharing provisions with county
367.14 administrative entities and, when applicable under subdivision
367.15 6, paragraph (a), service delivery organizations within the
367.16 projected budget limits. Any savings beyond those allowed for
367.17 the county authority, county administrative entity, or service
367.18 delivery organization shall be first used to meet the unmet
367.19 needs of eligible individuals. Payments to providers
367.20 participating in the project are exempt from the requirements of
367.21 sections 256.966 and 256B.03, subdivision 2.
367.22 (b) The commissioner shall monitor and evaluate annually
367.23 the effect of the discount on consumers, the county authority,
367.24 and providers of disability services. Findings shall be
367.25 reported and recommendations made, as appropriate, to ensure
367.26 that the discount effect does not adversely affect the ability
367.27 of the county administrative entity or providers of services to
367.28 provide appropriate services to eligible individuals, and does
367.29 not result in cost shifting of eligible individuals to the
367.30 county authority.
367.31 Subd. 11. [INTEGRATION OF FUNDING SOURCES.] The county
367.32 authority may integrate other local, state, and federal funding
367.33 sources with medical assistance funding. The commissioner's
367.34 approval is required for integration of state and federal funds
367.35 but not for local funds. During the demonstration project
367.36 period, county authorities must maintain the level of local
368.1 funds expended during the previous calendar year for populations
368.2 covered in the demonstration project. Excluding the state share
368.3 of Medicaid payments, state appropriations for state-operated
368.4 services shall not be integrated unless specifically approved by
368.5 the legislature. The commissioner may approve integration of
368.6 other state and federal funding if the intergovernmental
368.7 contract includes assurances that the people who would have been
368.8 served by these funds will receive comparable or better
368.9 services. The commissioner may withdraw approval for
368.10 integration of state and federal funds if the county authority
368.11 does not comply with these assurances. If the county authority
368.12 chooses to integrate funding, it must comply with the reporting
368.13 requirements of the commissioner, as specified in the
368.14 intergovernmental contract, to account for federal and state
368.15 Medicaid expenditures and expenditures of local funds. The
368.16 commissioner, upon the request and concurrence of a county
368.17 authority, may transfer state grant funds that would otherwise
368.18 be made available to the county authority to provide continuing
368.19 care for enrollees to the medical assistance account and, within
368.20 the limits of federal authority and available federal funding,
368.21 the commissioner shall adjust the capitation based on the amount
368.22 of this transfer.
368.23 Subd. 12. [SERVICE COORDINATION.] (a) For purposes of this
368.24 section, "service coordinator" means an individual selected by
368.25 the enrollee or the enrollee's legal representative and
368.26 authorized by the county administrative entity or service
368.27 delivery organization to work in partnership with the enrollee
368.28 to develop, coordinate, and in some instances, provide supports
368.29 and services identified in the personal support plan. Service
368.30 coordinators may only provide services and supports if the
368.31 enrollee is informed of potential conflicts of interest, is
368.32 given alternatives, and gives informed consent. Eligible
368.33 service coordinators are individuals age 18 or older who meet
368.34 the qualifications as described in paragraph (b). Enrollees,
368.35 their legal representatives, or their advocates are eligible to
368.36 be service coordinators if they have the capabilities to perform
369.1 the activities and functions outlined in paragraph (b).
369.2 Providers licensed under chapter 245A to provide residential
369.3 services, or providers who are providing residential services
369.4 covered under the group residential housing program may not act
369.5 as service coordinator for enrollees for whom they provide
369.6 residential services. This does not apply to providers of
369.7 short-term detoxification services. Each county administrative
369.8 entity or service delivery organization may develop further
369.9 criteria for eligible vendors of service coordination during the
369.10 demonstration period and shall determine whom it contracts with
369.11 or employs to provide service coordination. County
369.12 administrative entities and service delivery organizations may
369.13 pay enrollees or their advocates or legal representatives for
369.14 service coordination activities.
369.15 (b) The service coordinator shall act as a facilitator,
369.16 working in partnership with the enrollee to ensure that their
369.17 needs are identified and addressed. The level of involvement of
369.18 the service coordinator shall depend on the needs and desires of
369.19 the enrollee. The service coordinator shall have the knowledge,
369.20 skills, and abilities to, and is responsible for:
369.21 (1) arranging for an initial assessment, and periodic
369.22 reassessment as necessary, of supports and services based on the
369.23 enrollee's strengths, needs, choices, and preferences in life
369.24 domain areas;
369.25 (2) developing and updating the personal support plan based
369.26 on relevant ongoing assessment;
369.27 (3) arranging for and coordinating the provisions of
369.28 supports and services, including knowledgeable and skilled
369.29 specialty services and prevention and early intervention
369.30 services, within the limitations negotiated with the county
369.31 administrative entity or service delivery organization;
369.32 (4) assisting the enrollee and the enrollee's legal
369.33 representative, if any, to maximize informed choice of and
369.34 control over services and supports and to exercise the
369.35 enrollee's rights and advocate on behalf of the enrollee;
369.36 (5) monitoring the progress toward achieving the enrollee's
370.1 outcomes in order to evaluate and adjust the timeliness and
370.2 adequacy of the implementation of the personal support plan;
370.3 (6) facilitating meetings and effectively collaborating
370.4 with a variety of agencies and persons, including attending
370.5 individual family service plan and individual education plan
370.6 meetings when requested by the enrollee or the enrollee's legal
370.7 representative;
370.8 (7) soliciting and analyzing relevant information;
370.9 (8) communicating effectively with the enrollee and with
370.10 other individuals participating in the enrollee's plan;
370.11 (8) educating and communicating effectively with the
370.12 enrollee about good health care practices and risk to the
370.13 enrollee's health with certain behaviors;
370.14 (10) having knowledge of basic enrollee protection
370.15 requirements, including data privacy;
370.16 (11) informing, educating, and assisting the enrollee in
370.17 identifying available service providers and accessing needed
370.18 resources and services beyond the limitations of the medical
370.19 assistance benefit set covered services; and
370.20 (12) providing other services as identified in the person
370.21 support plan.
370.22 (c) For the demonstration project, the qualifications and
370.23 standards for service coordination in this section shall replace
370.24 comparable existing provisions of existing statutes and rules
370.25 governing case management for eligible individuals.
370.26 (d) The provisions of this subdivision apply only to the
370.27 demonstration sites that begin implementation on July 1, 1998.
370.28 Subd. 13. [OMBUDSMAN.] Enrollees shall have access to
370.29 ombudsman services established in section 256B.031, subdivision
370.30 6, and advocacy services provided by the ombudsman for mental
370.31 health and mental retardation established in sections 245.91 to
370.32 245.97. The managed care ombudsman and the ombudsman for mental
370.33 health and mental retardation shall coordinate services provided
370.34 to avoid duplication of services. For purposes of the
370.35 demonstration project, the powers and responsibilities of the
370.36 office of the ombudsman for mental health and mental
371.1 retardation, as provided in sections 245.91 to 245.97 are
371.2 expanded to include all eligible individuals, health plan
371.3 companies, agencies, and providers participating in the
371.4 demonstration project.
371.5 Subd. 14. [EXTERNAL ADVOCACY.] In addition to ombudsman
371.6 services, enrollees shall have access to advocacy services on a
371.7 local or regional basis. The purpose of external advocacy
371.8 includes providing individual advocacy services for enrollees
371.9 who have complaints or grievances with the county administrative
371.10 entity, service delivery organization, or a service provider;
371.11 assisting enrollees to understand the service delivery system
371.12 and select providers and, if applicable, a service delivery
371.13 organization; and understand and exercise their rights as an
371.14 enrollee. External advocacy contractors must demonstrate that
371.15 they have the expertise to advocate on behalf of all categories
371.16 of eligible individuals and are independent of the commissioner,
371.17 county authority, county administrative entity, service delivery
371.18 organization, or any service provider within the demonstration
371.19 project.
371.20 These advocacy services shall be provided through the
371.21 ombudsman for mental health and mental retardation directly, or
371.22 under contract with private, nonprofit organizations, with
371.23 funding provided through the demonstration project. The funding
371.24 shall be provided annually to the ombudsman's office based on
371.25 0.1 percent of the projected per person costs that would
371.26 otherwise have been paid under medical assistance
371.27 fee-for-service during those years. Funding for external
371.28 advocacy shall be provided for each year of the demonstration
371.29 period. This funding is in addition to the capitation payment
371.30 available under subdivision 10.
371.31 Subd. 15. [PUBLIC GUARDIANSHIP ALTERNATIVES.] Each county
371.32 authority with enrollees under public guardianship shall develop
371.33 a plan to discharge all those public guardianships and establish
371.34 appropriate private alternatives during the demonstration period.
371.35 The commissioner shall provide county authorities with
371.36 funding for public guardianship alternatives during the first
372.1 year of the demonstration project based on a proposal to
372.2 establish private alternatives for a specific number of
372.3 enrollees under public guardianship. Funding in subsequent
372.4 years shall be based on the county authority's performance in
372.5 achieving discharges of public guardianship and establishing
372.6 appropriate alternatives. The commissioner may establish fiscal
372.7 incentives to encourage county activity in this area. For each
372.8 year of the demonstration period, an appropriation is available
372.9 to the commissioner based on 0.2 percent of the projected per
372.10 person costs that would otherwise have been paid under medical
372.11 assistance fee-for-service for that year. This funding is in
372.12 addition to the capitation payment available under subdivision
372.13 10.
372.14 Subd. 16. [APPEALS.] Enrollees have the appeal rights
372.15 specified in section 256.045. Enrollees may request the
372.16 conciliation process as outlined under section 256.045,
372.17 subdivision 4a. If an enrollee appeals in writing to the state
372.18 agency on or before the latter of the effective day of the
372.19 proposed action or the tenth day after they have received the
372.20 decision of the county administrative entity or service delivery
372.21 organization to reduce, suspend, terminate, or deny continued
372.22 authorization for ongoing services which the enrollee had been
372.23 receiving, the county administrative entity or service delivery
372.24 organization must continue to authorize services at a level
372.25 equal to the level it previously authorized until the state
372.26 agency renders its decision.
372.27 Subd. 17. [APPROVAL OF ALTERNATIVES.] The commissioner may
372.28 approve alternatives to administrative rules if the commissioner
372.29 determines that appropriate alternative measures are in place to
372.30 protect the health, safety, and rights of enrollees and to
372.31 assure that services are of sufficient quality to produce the
372.32 outcomes described in the personal support plans. Prior
372.33 approved waivers, if needed by the demonstration project, shall
372.34 be extended. The commissioner shall not waive the rights or
372.35 procedural protections under sections 245.825; 245.91 to 245.97;
372.36 252.41, subdivision 9; 256B.092, subdivision 10; 626.556; and
373.1 626.557; or procedures for the monitoring of psychotropic
373.2 medications. Prohibited practices as defined in statutes and
373.3 rules governing service delivery to eligible individuals are
373.4 applicable to services delivered under this demonstration
373.5 project.
373.6 Subd. 18. [REPORTING.] Each county authority and service
373.7 delivery organization, and their contracted providers, shall
373.8 submit information as required by the commissioner in the
373.9 intergovernmental contract or service delivery contract,
373.10 including information about complaints, appeals, outcomes,
373.11 costs, including spending on services, service utilization,
373.12 identified unmet needs, services provided, rates of out-of-home
373.13 placement of children, institutionalization, commitments, number
373.14 of public guardianships discharged and alternatives to public
373.15 guardianship established, the use of emergency services, and
373.16 enrollee satisfaction. This information must be made available
373.17 to enrollees and the public. A county authority under an
373.18 intergovernmental contract and a service delivery organization
373.19 under a service delivery contract to provide services must
373.20 provide the most current listing of the providers who are
373.21 participating in the plan. This listing must be provided to
373.22 enrollees and be made available to the public. The
373.23 commissioner, county authorities, and service delivery
373.24 organizations shall also made all contracts and subcontracts
373.25 related to the demonstration project available to the public.
373.26 Subd. 19. [QUALITY MANAGEMENT AND EVALUATION.] County
373.27 authorities and service delivery organizations participating in
373.28 this demonstration project shall provide information to the
373.29 department as specified in the intergovernmental contract or
373.30 service delivery contract for the purpose of project evaluation.
373.31 This information may include both process and outcome evaluation
373.32 measures across areas that shall include enrollee satisfaction,
373.33 service delivery, service coordination, individual outcomes, and
373.34 costs. An independent evaluation of each demonstration site
373.35 shall be conducted prior to expansion of the demonstration
373.36 project to other sites.
374.1 Subd. 20. [LIMITATION ON REIMBURSEMENT.] The county
374.2 administrative entity or service delivery organization may limit
374.3 any reimbursement to providers not employed by or under contract
374.4 with the county administrative entity or service delivery
374.5 organization to the medical assistance rates paid by the
374.6 commissioner of human services to providers for services to
374.7 recipients not participating in the demonstration project.
374.8 Subd. 21. [COUNTY SOCIAL SERVICES OBLIGATIONS.] For
374.9 services that are outside of the medical assistance benefit set
374.10 for enrollees in excluded time status, the county of financial
374.11 responsibility must negotiate the provisions and payment of
374.12 services with the county of service prior to the provision of
374.13 services.
374.14 Subd. 22. [MINNESOTA COMMITMENT ACT SERVICES.] The county
374.15 administrative entity or service delivery organization is
374.16 financially responsible for all services for enrollees covered
374.17 by the medical assistance benefit set and ordered by the court
374.18 under the Minnesota Commitment Act, chapter 253B. The county
374.19 authority shall seek input from the county administrative entity
374.20 or service delivery organization in giving the court information
374.21 about services the enrollee needs and least restrictive
374.22 alternatives. The court order for services is deemed to comply
374.23 with the definition of medical necessity in Minnesota Rules,
374.24 part 9505.0175. The financial responsibility of the county
374.25 administrative entity or service delivery organization for
374.26 regional treatment center services to an enrollee while
374.27 committed to the regional treatment center is limited to 45 days
374.28 following commitment. Voluntary hospitalization for enrollees
374.29 at regional treatment centers must be covered by the county
374.30 administrative entity or service delivery organization if deemed
374.31 medically necessary by the county administrative entity or
374.32 service delivery organization. The regional treatment center
374.33 shall not accept a voluntary admission of an enrollee without
374.34 the authorization of the county administrative entity or service
374.35 delivery organization. An enrollee will maintain enrollee
374.36 status while receiving treatment under the Minnesota Commitment
375.1 Act or voluntary services in a regional treatment center. For
375.2 enrollees committed to the regional treatment center longer than
375.3 45 days, the commissioner may adjust the aggregate capitation
375.4 payments, as specified in the intergovernmental contract or
375.5 service delivery contract.
375.6 Subd. 23. [STAKEHOLDER COMMITTEE.] The commissioner shall
375.7 appoint a stakeholder committee to review and provide
375.8 recommendations on specifications for demonstration projects;
375.9 intergovernmental contracts; service delivery contracts;
375.10 alternatives to administrative rules proposed under subdivision
375.11 17; specific recommendations for legislation required for the
375.12 implementation of this project, including changes to statutes;
375.13 waivers of choice granted under subdivision 9, paragraph (e);
375.14 and other demonstration project policies and procedures as
375.15 requested by the commissioner. The stakeholder committee shall
375.16 include representatives from the following stakeholders:
375.17 consumers and their family members, advocates, advocacy
375.18 organizations, service providers, state government, counties,
375.19 and health plan companies. This stakeholder committee shall be
375.20 in operation for the demonstration period. The county
375.21 authorities shall continue to meet with state government to
375.22 develop the intergovernmental partnership.
375.23 Subd. 24. [REPORT TO THE LEGISLATURE.] (a) By February 15
375.24 of each year of the demonstration project, the commissioner
375.25 shall report to the legislature on the progress of the
375.26 demonstration project, including enrollee outcomes, enrollee
375.27 satisfaction, fiscal information, other information as described
375.28 in subdivision 18, recommendations from the stakeholder
375.29 committee, and descriptions of any rules or other administrative
375.30 procedures waived.
375.31 (b) The commissioner, in consultation with the counties and
375.32 the stakeholder committee, shall study and define the county
375.33 government function of service coordination and make
375.34 recommendations to the legislature in the report due February
375.35 15, 1998.
375.36 Subd. 25. [SEVERABILITY.] If any subdivision of this
376.1 section is not approved by the United States Department of
376.2 Health and Human Services, the commissioner, with the approval
376.3 of the county authority, retains the authority to implement the
376.4 remaining subdivisions.
376.5 Subd. 26. [SOUTHERN MINNESOTA HEALTH INITIATIVE PILOT
376.6 PROJECT.] When the commissioner contracts under subdivisions 1
376.7 and 6, paragraph (a), with the joint powers board for the
376.8 southern Minnesota health initiative (SMHI) to participate in
376.9 the demonstration project for persons with disabilities under
376.10 subdivision 5, the commissioner shall also require health plans
376.11 serving counties participating in the southern Minnesota health
376.12 initiative under this section to contract with the southern
376.13 Minnesota health initiative joint powers board to provide
376.14 covered mental health and chemical dependency services for the
376.15 nonelderly/nondisabled persons who reside in one of the counties
376.16 and who are required or elect to participate in the prepaid
376.17 medical assistance and general assistance medical care
376.18 programs. Enrollees may obtain covered mental health and
376.19 chemical dependency services through the SMHI or through other
376.20 health plan contractors. Participation of the
376.21 nonelderly/nondisabled with the SMHI is voluntary. The
376.22 commissioner shall identify a monthly per capita payment amount
376.23 that health plans are required to pay to the SMHI for all
376.24 nonelderly/nondisabled recipients who choose the SMHI for their
376.25 mental health and chemical dependency services.
376.26 ARTICLE 9
376.27 MISCELLANEOUS
376.28 Section 1. Minnesota Statutes 1996, section 16A.124,
376.29 subdivision 4b, is amended to read:
376.30 Subd. 4b. [HEALTH CARE PAYMENTS.] (a) The commissioner of
376.31 human services must pay or deny a valid vendor obligation for
376.32 health services under the medical assistance, general assistance
376.33 medical care, or MinnesotaCare program within 30 days after
376.34 receipt. A "valid vendor obligation" means a clean claim
376.35 submitted directly to the commissioner by an eligible health
376.36 care provider for health services provided to an eligible
377.1 recipient. A "clean claim" means an original paper or
377.2 electronic claim with correct data elements, prepared in
377.3 accordance with the commissioner's published specifications for
377.4 claim preparation, that does not require an attachment or text
377.5 information to pay or deny the claim. Adjustment claims, claims
377.6 with attachments and text information, and claims submitted to
377.7 the commissioner as the secondary or tertiary payer, that have
377.8 been prepared in accordance with the commissioner's published
377.9 specifications, must be adjudicated within 90 days after receipt.
377.10 For purposes of this subdivision, paragraphs (b) and (c)
377.11 apply.
377.12 (b) The agency is not required to make an interest penalty
377.13 payment on claims for which payment has been delayed for
377.14 purposes of reviewing potentially fraudulent or abusive billing
377.15 practices, if there is an eventual finding by the agency of
377.16 fraud or abuse.
377.17 (c) The agency is not required to make an interest penalty
377.18 payment of less than $2.
377.19 Sec. 2. Minnesota Statutes 1996, section 245.03,
377.20 subdivision 2, is amended to read:
377.21 Subd. 2. [MISSION; EFFICIENCY.] It is part of the
377.22 department's mission that within the department's resources the
377.23 commissioner shall endeavor to:
377.24 (1) prevent the waste or unnecessary spending of public
377.25 money;
377.26 (2) use innovative fiscal and human resource practices to
377.27 manage the state's resources and operate the department as
377.28 efficiently as possible, including the authority to consolidate
377.29 different nonentitlement grant programs, having similar
377.30 functions or serving similar populations, as may be determined
377.31 by the commissioner, while protecting the original purposes of
377.32 the programs. Nonentitlement grant funds consolidated by the
377.33 commissioner shall be reflected in the department's biennial
377.34 budget. With approval of the commissioner, vendors who are
377.35 eligible for funding from any of the commissioner's granting
377.36 authority under section 256.01, subdivision 2, paragraph (1),
378.1 clause (f), may submit a single application for a grant
378.2 agreement including multiple awards;
378.3 (3) coordinate the department's activities wherever
378.4 appropriate with the activities of other governmental agencies;
378.5 (4) use technology where appropriate to increase agency
378.6 productivity, improve customer service, increase public access
378.7 to information about government, and increase public
378.8 participation in the business of government;
378.9 (5) utilize constructive and cooperative labor-management
378.10 practices to the extent otherwise required by chapters 43A and
378.11 179A;
378.12 (6) include specific objectives in the performance report
378.13 required under section 15.91 to increase the efficiency of
378.14 agency operations, when appropriate; and
378.15 (7) recommend to the legislature, in the performance report
378.16 of the department required under section 15.91, appropriate
378.17 changes in law necessary to carry out the mission of the
378.18 department.
378.19 Sec. 3. Minnesota Statutes 1996, section 245.98, is
378.20 amended by adding a subdivision to read:
378.21 Subd. 5. [STANDARDS.] The commissioner shall create
378.22 standards for treatment and provider qualifications for the
378.23 treatment component of the compulsive gambling program.
378.24 Sec. 4. [252.294] [CRITERIA FOR DOWNSIZING OF FACILITIES.]
378.25 The commissioner of human services shall develop a process
378.26 to evaluate and rank proposals for the voluntary downsizing or
378.27 closure of intermediate care facilities for persons with mental
378.28 retardation or related conditions using the following guidelines:
378.29 (1) the extent to which the option matches overall policy
378.30 direction of the department;
378.31 (2) the extent to which the option demonstrates respect for
378.32 individual needs and allows implementation of individual choice;
378.33 (3) the extent to which the option addresses safety,
378.34 privacy, and other programmatic issues;
378.35 (4) the extent to which the option appropriately redesigns
378.36 the overall community capacity; and
379.1 (5) the cost of each option.
379.2 The process shall, to the extent feasible, be modeled on
379.3 the nursing home moratorium exception process, including
379.4 procedures for administrative evaluation and approval of
379.5 projects within the limit of appropriations made available by
379.6 the legislature.
379.7 Sec. 5. Minnesota Statutes 1996, section 256.045,
379.8 subdivision 10, is amended to read:
379.9 Subd. 10. [PAYMENTS PENDING APPEAL.] If the commissioner
379.10 of human services or district court orders monthly assistance or
379.11 aid or services paid or provided in any proceeding under this
379.12 section, it shall be paid or provided pending appeal to the
379.13 commissioner of human services, district court, court of
379.14 appeals, or supreme court. The human services referee may order
379.15 the local human services agency to reduce or terminate medical
379.16 assistance or general assistance medical care to a recipient
379.17 before a final order is issued under this section if: (1) the
379.18 human services referee determines at the hearing that the sole
379.19 issue on appeal is one of a change in state or federal law; and
379.20 (2) the commissioner or the local agency notifies the recipient
379.21 before the action. The state or county agency has a claim for
379.22 food stamps, cash payments, medical assistance, general
379.23 assistance medical care, and MinnesotaCare program payments made
379.24 to or on behalf of a recipient or former recipient while an
379.25 appeal is pending if the recipient or former recipient is
379.26 determined ineligible for the food stamps, cash payments,
379.27 medical assistance, general assistance medical care, or
379.28 MinnesotaCare as a result of the appeal, except for medical
379.29 assistance and general assistance medical care made on behalf of
379.30 a recipient pursuant to a court order. In enforcing a claim on
379.31 MinnesotaCare program payments, the state or county agency shall
379.32 reduce the claim amount by the value of any premium payments
379.33 made by a recipient or former recipient during the period for
379.34 which the recipient or former recipient has been determined to
379.35 be ineligible. Provision of a health care service by the state
379.36 agency under medical assistance, general assistance medical
380.1 care, or MinnesotaCare pending appeal shall not render moot the
380.2 state agency's position in a court of law.
380.3 Sec. 6. Minnesota Statutes 1996, section 256.9742, is
380.4 amended to read:
380.5 256.9742 [DUTIES AND POWERS OF THE OFFICE.]
380.6 Subdivision 1. [DUTIES.] The ombudsman ombudsman's program
380.7 shall:
380.8 (1) gather information and evaluate any act, practice,
380.9 policy, procedure, or administrative action of a long-term care
380.10 facility, acute care facility, home care service provider, or
380.11 government agency that may adversely affect the health, safety,
380.12 welfare, or rights of any client;
380.13 (2) mediate or advocate on behalf of clients;
380.14 (3) monitor the development and implementation of federal,
380.15 state, or local laws, rules, regulations, and policies affecting
380.16 the rights and benefits of clients;
380.17 (4) comment on and recommend to the legislature and public
380.18 and private agencies regarding laws, rules, regulations, and
380.19 policies affecting clients;
380.20 (5) inform public agencies about the problems of clients;
380.21 (6) provide for training of volunteers and promote the
380.22 development of citizen participation in the work of the office;
380.23 (7) conduct public forums to obtain information about and
380.24 publicize issues affecting clients;
380.25 (8) provide public education regarding the health, safety,
380.26 welfare, and rights of clients; and
380.27 (9) collect and analyze data relating to complaints,
380.28 conditions, and services.
380.29 Subd. 1a. [DESIGNATION; LOCAL OMBUDSMAN REPRESENTATIVES
380.30 STAFF AND VOLUNTEERS.] (a) In designating an individual to
380.31 perform duties under this section, the ombudsman must determine
380.32 that the individual is qualified to perform the duties required
380.33 by this section.
380.34 (b) An individual designated as ombudsman staff under this
380.35 section must successfully complete an orientation training
380.36 conducted under the direction of the ombudsman or approved by
381.1 the ombudsman. Orientation training shall be at least 20 hours
381.2 and will consist of training in: investigation, dispute
381.3 resolution, health care regulation, confidentiality, resident
381.4 and patients' rights, and health care reimbursement.
381.5 (c) The ombudsman shall develop and implement a continuing
381.6 education program for individuals designated as ombudsman staff
381.7 under this section. The continuing education program shall be
381.8 at least 60 hours annually.
381.9 (d) An individual designated as an ombudsman volunteer
381.10 under this section must successfully complete an approved
381.11 orientation training course with a minimum curriculum including
381.12 federal and state bills of rights for long-term care residents,
381.13 acute hospital patients and home care clients, the Vulnerable
381.14 Adults Act, confidentiality, and the role of the ombudsman.
381.15 (e) The ombudsman shall develop and implement a continuing
381.16 education program for ombudsman volunteers which will provide a
381.17 minimum of 12 hours of continuing education per year.
381.18 (f) The ombudsman may withdraw an individual's designation
381.19 if the individual fails to perform duties of this section or
381.20 meet continuing education requirements. The individual may
381.21 request a reconsideration of such action by the board on aging
381.22 whose decision shall be final.
381.23 Subd. 2. [IMMUNITY FROM LIABILITY.] The ombudsman or
381.24 designee including staff and volunteers under this section is
381.25 immune from civil liability that otherwise might result from the
381.26 person's actions or omissions if the person's actions are in
381.27 good faith, are within the scope of the person's
381.28 responsibilities as an ombudsman or designee, and do not
381.29 constitute willful or reckless misconduct.
381.30 Subd. 3. [POSTING.] Every long-term care facility and
381.31 acute care facility shall post in a conspicuous place the
381.32 address and telephone number of the office. A home care service
381.33 provider shall provide all recipients, including those in
381.34 elderly housing with services under chapter 144D, with the
381.35 address and telephone number of the office. Counties shall
381.36 provide clients receiving a consumer support grant or a service
382.1 allowance with the name, address, and telephone number of the
382.2 office. The posting or notice is subject to approval by the
382.3 ombudsman.
382.4 Subd. 4. [ACCESS TO LONG-TERM CARE AND ACUTE CARE
382.5 FACILITIES AND CLIENTS.] The ombudsman or designee may:
382.6 (1) enter any long-term care facility without notice at any
382.7 time;
382.8 (2) enter any acute care facility without notice during
382.9 normal business hours;
382.10 (3) enter any acute care facility without notice at any
382.11 time to interview a patient or observe services being provided
382.12 to the patient as part of an investigation of a matter that is
382.13 within the scope of the ombudsman's authority, but only if the
382.14 ombudsman's or designee's presence does not intrude upon the
382.15 privacy of another patient or interfere with routine hospital
382.16 services provided to any patient in the facility;
382.17 (4) communicate privately and without restriction with any
382.18 client in accordance with section 144.651, as long as the
382.19 ombudsman has the client's consent for such communication;
382.20 (5) inspect records of a long-term care facility, home care
382.21 service provider, or acute care facility that pertain to the
382.22 care of the client according to sections 144.335 and 144.651;
382.23 and
382.24 (6) with the consent of a client or client's legal
382.25 guardian, the ombudsman or designated staff shall have access to
382.26 review records pertaining to the care of the client according to
382.27 sections 144.335 and 144.651. If a client cannot consent and
382.28 has no legal guardian, access to the records is authorized by
382.29 this section.
382.30 A person who denies access to the ombudsman or designee in
382.31 violation of this subdivision or aids, abets, invites, compels,
382.32 or coerces another to do so is guilty of a misdemeanor.
382.33 Subd. 5. [ACCESS TO STATE RECORDS.] The ombudsman or
382.34 designee, excluding volunteers, has access to data of a state
382.35 agency necessary for the discharge of the ombudsman's duties,
382.36 including records classified confidential or private under
383.1 chapter 13, or any other law. The data requested must be
383.2 related to a specific case and is subject to section 13.03,
383.3 subdivision 4. If the data concerns an individual, the
383.4 ombudsman or designee shall first obtain the individual's
383.5 consent. If the individual cannot consent and has no legal
383.6 guardian, then access to the data is authorized by this section.
383.7 Each state agency responsible for licensing, regulating,
383.8 and enforcing state and federal laws and regulations concerning
383.9 long-term care, home care service providers, and acute care
383.10 facilities shall forward to the ombudsman on a quarterly basis,
383.11 copies of all correction orders, penalty assessments, and
383.12 complaint investigation reports, for all long-term care
383.13 facilities, acute care facilities, and home care service
383.14 providers.
383.15 Subd. 6. [PROHIBITION AGAINST DISCRIMINATION OR
383.16 RETALIATION.] (a) No entity shall take discriminatory,
383.17 disciplinary, or retaliatory action against an employee or
383.18 volunteer, or a patient, resident, or guardian or family member
383.19 of a patient, resident, or guardian for filing in good faith a
383.20 complaint with or providing information to the ombudsman or
383.21 designee including volunteers. A person who violates this
383.22 subdivision or who aids, abets, invites, compels, or coerces
383.23 another to do so is guilty of a misdemeanor.
383.24 (b) There shall be a rebuttable presumption that any
383.25 adverse action, as defined below, within 90 days of report, is
383.26 discriminatory, disciplinary, or retaliatory. For the purpose
383.27 of this clause, the term "adverse action" refers to action taken
383.28 by the entity involved in a report against the person making the
383.29 report or the person with respect to whom the report was made
383.30 because of the report, and includes, but is not limited to:
383.31 (1) discharge or transfer from a facility;
383.32 (2) termination of service;
383.33 (3) restriction or prohibition of access to the facility or
383.34 its residents;
383.35 (4) discharge from or termination of employment;
383.36 (5) demotion or reduction in remuneration for services; and
384.1 (6) any restriction of rights set forth in section 144.651
384.2 or 144A.44.
384.3 Sec. 7. Minnesota Statutes 1996, section 256.9744,
384.4 subdivision 2, is amended to read:
384.5 Subd. 2. [RELEASE.] Data maintained by the office that
384.6 does not relate to the identity of a complainant, a client
384.7 receiving home-care services, or a resident of a long-term
384.8 facility may be released at the discretion of the ombudsman
384.9 responsible for maintaining the data. Data relating to the
384.10 identity of a complainant, a client receiving home-care
384.11 services, or a resident of a long-term facility may be released
384.12 only with the consent of the complainant, the client or resident
384.13 or by court order.
384.14 Sec. 8. [256.9772] [HEALTH CARE CONSUMER ASSISTANCE GRANT
384.15 PROGRAM.]
384.16 The board on aging shall award grants to area agencies on
384.17 aging to develop projects to provide information about health
384.18 coverage and to provide assistance to individuals in obtaining
384.19 public and private health care benefits. Projects must:
384.20 (1) train and support staff and volunteers to work in
384.21 partnership to provide one-on-one information and assistance
384.22 services;
384.23 (2) provide individual consumers with assistance in
384.24 understanding the terms of a certificate, contract, or policy of
384.25 health coverage, including, but not limited to, terms relating
384.26 to covered services, limitations on services, limitations on
384.27 access to providers, and enrollee complaint and appeal
384.28 procedures;
384.29 (3) assist individuals to understand medical bills and to
384.30 process health care claims and appeals to obtain health care
384.31 benefits;
384.32 (4) coordinate with existing health insurance counseling
384.33 programs serving Medicare eligible individuals or establish
384.34 programs to serve all consumers;
384.35 (5) target those individuals determined to be in greatest
384.36 social and economic need for counseling services; and
385.1 (6) operate according to United States Code, title 42,
385.2 section 1395b-4, if serving Medicare beneficiaries.
385.3 Sec. 9. Minnesota Statutes 1996, section 256B.037,
385.4 subdivision 1a, is amended to read:
385.5 Subd. 1a. [MULTIPLE DENTAL PLAN AREAS.] After the
385.6 department has executed contracts with dental plans to provide
385.7 covered dental care services in a multiple dental plan area, the
385.8 department shall:
385.9 (1) inform applicants and recipients, in writing, of
385.10 available dental plans, when written notice of dental plan
385.11 selection must be submitted to the department, and when dental
385.12 plan participation begins;
385.13 (2) randomly assign to a dental plan recipients who fail to
385.14 notify the department in writing of their dental plan choice;
385.15 and
385.16 (3) notify recipients, in writing, of their assigned dental
385.17 plan before the effective date of the recipient's dental plan
385.18 participation.
385.19 Sec. 10. Minnesota Statutes 1996, section 256B.0911,
385.20 subdivision 2, is amended to read:
385.21 Subd. 2. [PERSONS REQUIRED TO BE SCREENED; EXEMPTIONS.]
385.22 All applicants to Medicaid certified nursing facilities must be
385.23 screened prior to admission, regardless of income, assets, or
385.24 funding sources, except the following:
385.25 (1) patients who, having entered acute care facilities from
385.26 certified nursing facilities, are returning to a certified
385.27 nursing facility;
385.28 (2) residents transferred from other certified nursing
385.29 facilities located within the state of Minnesota;
385.30 (3) individuals who have a contractual right to have their
385.31 nursing facility care paid for indefinitely by the veteran's
385.32 administration;
385.33 (4) individuals who are enrolled in the Ebenezer/Group
385.34 Health social health maintenance organization project, or
385.35 enrolled in a demonstration project under section 256B.69,
385.36 subdivision 18, at the time of application to a nursing home; or
386.1 (5) individuals previously screened and currently being
386.2 served under the alternative care program or under a home and
386.3 community-based services waiver authorized under section 1915(c)
386.4 of the Social Security Act; or
386.5 (6) individuals who are admitted to a certified nursing
386.6 facility for a short-term stay, which, based upon a physician's
386.7 certification, is expected to be 14 days or less in duration,
386.8 and who have been screened and approved for nursing facility
386.9 admission within the previous six months. This exemption
386.10 applies only if the screener determines at the time of the
386.11 initial screening of the six-month period that it is appropriate
386.12 to use the nursing facility for short-term stays and that there
386.13 is an adequate plan of care for return to the home or
386.14 community-based setting. If a stay exceeds 14 days, the
386.15 individual must be referred no later than the first county
386.16 working day following the 14th resident day for a screening,
386.17 which must be completed within five working days of the
386.18 referral. Payment limitations in subdivision 7 will apply to an
386.19 individual found at screening to meet the level of care criteria
386.20 for admission to a certified nursing facility.
386.21 Regardless of the exemptions in clauses (2) to (4) (6),
386.22 persons who have a diagnosis or possible diagnosis of mental
386.23 illness, mental retardation, or a related condition must be
386.24 screened receive a preadmission screening before admission
386.25 unless the admission prior to screening is authorized by the
386.26 local mental health authority or the local developmental
386.27 disabilities case manager, or unless authorized by the county
386.28 agency according to Public Law Number 101-508.
386.29 Before admission to a Medicaid certified nursing home or
386.30 boarding care home, all persons must be screened and approved
386.31 for admission through an assessment process. The nursing
386.32 facility is authorized to conduct case mix assessments which are
386.33 not conducted by the county public health nurse under Minnesota
386.34 Rules, part 9549.0059. The designated county agency is
386.35 responsible for distributing the quality assurance and review
386.36 form for all new applicants to nursing homes.
387.1 Other persons who are not applicants to nursing facilities
387.2 must be screened if a request is made for a screening.
387.3 Sec. 11. Minnesota Statutes 1996, section 256B.434,
387.4 subdivision 2, is amended to read:
387.5 Subd. 2. [REQUESTS FOR PROPOSALS.] (a) No later than
387.6 August 1, 1995, At least twice annually the commissioner shall
387.7 publish in the State Register a request for proposals to provide
387.8 nursing facility services according to this section. The
387.9 commissioner shall issue two additional requests for proposals
387.10 prior to July 1, 1997, based upon a timetable established by the
387.11 commissioner. The commissioner must respond to all proposals in
387.12 a timely manner.
387.13 (b) The commissioner may reject any proposal if, in the
387.14 judgment of the commissioner, a contract with a particular
387.15 facility is not in the best interests of the residents of the
387.16 facility or the state of Minnesota. The commissioner may accept
387.17 up to the number of proposals that can be adequately supported
387.18 with available state resources, as determined by the
387.19 commissioner, except that the commissioner shall not contract
387.20 with more than 40 nursing facilities as part of any request for
387.21 proposals. The commissioner may accept proposals from a single
387.22 nursing facility or from a group of facilities through a
387.23 managing entity. The commissioner shall seek to ensure that
387.24 nursing facilities under contract are located in all geographic
387.25 areas of the state. The commissioner shall present
387.26 recommendations to the legislature by February 1, 1996, on the
387.27 number of nursing facility contracts that may be entered into by
387.28 the commissioner as a result of a request for proposals.
387.29 (c) In issuing the request for proposals, the commissioner
387.30 may develop reasonable requirements which, in the judgment of
387.31 the commissioner, are necessary to protect residents or ensure
387.32 that the contractual alternative payment demonstration project
387.33 furthers the interest of the state of Minnesota. The request
387.34 for proposals may include, but need not be limited to, the
387.35 following:
387.36 (1) a requirement that a nursing facility make reasonable
388.1 efforts to maximize Medicare payments on behalf of eligible
388.2 residents;
388.3 (2) requirements designed to prevent inappropriate or
388.4 illegal discrimination against residents enrolled in the medical
388.5 assistance program as compared to private paying residents;
388.6 (3) requirements designed to ensure that admissions to a
388.7 nursing facility are appropriate and that reasonable efforts are
388.8 made to place residents in home and community-based settings
388.9 when appropriate;
388.10 (4) a requirement to agree to participate in a project to
388.11 develop data collection systems and outcome-based standards for
388.12 managed care contracting for long-term care services. Among
388.13 other requirements specified by the commissioner, each facility
388.14 entering into a contract may be required to pay an annual fee in
388.15 an amount determined by the commissioner not to exceed $50 per
388.16 bed. Revenue generated from the fees is appropriated to the
388.17 commissioner and must be used to contract with a qualified
388.18 consultant or contractor to develop data collection systems and
388.19 outcome-based contracting standards;
388.20 (5) a requirement that contractors agree to maintain
388.21 Medicare cost reports and to submit them to the commissioner
388.22 upon request or at times specified by the commissioner;
388.23 (6) a requirement for demonstrated willingness and ability
388.24 to develop and maintain data collection and retrieval systems to
388.25 be used in measuring outcomes; and
388.26 (7) a requirement to provide all information and assurances
388.27 required by the terms and conditions of the federal waiver or
388.28 federal approval.
388.29 (d) In addition to the information and assurances contained
388.30 in the submitted proposals, the commissioner may consider the
388.31 following in determining whether to accept or deny a proposal:
388.32 (1) the facility's history of compliance with federal and
388.33 state laws and rules;, except that a facility deemed to be in
388.34 substantial compliance with federal and state laws and rules is
388.35 eligible to respond to a request for proposal. A facility's
388.36 compliance history shall not be the sole determining factor in
389.1 situations where the facility has been sold and the new owners
389.2 have submitted a proposal;
389.3 (2) whether the facility has a record of excessive
389.4 licensure fines or sanctions or fraudulent cost reports;
389.5 (3) financial history and solvency; and
389.6 (4) other factors identified by the commissioner that the
389.7 commissioner deems relevant to a determination that a contract
389.8 with a particular facility is not in the best interests of the
389.9 residents of the facility or the state of Minnesota.
389.10 (e) If the commissioner rejects the proposal of a nursing
389.11 facility, the commissioner shall provide written notice to the
389.12 facility of the reason for the rejection, including the factors
389.13 and evidence upon which the rejection was based.
389.14 Sec. 12. Minnesota Statutes 1996, section 256B.434,
389.15 subdivision 4, is amended to read:
389.16 Subd. 4. [ALTERNATE RATES FOR NURSING FACILITIES.] (a) For
389.17 nursing facilities which have their payment rates determined
389.18 under this section rather than section 256B.431, subdivision 25,
389.19 the commissioner shall establish a rate under this subdivision.
389.20 The nursing facility must enter into a written contract with the
389.21 commissioner.
389.22 (b) A nursing facility's case mix payment rate for the
389.23 first rate year of a facility's contract under this section is
389.24 the payment rate the facility would have received under section
389.25 256B.431, subdivision 25.
389.26 (c) A nursing facility's case mix payment rates for the
389.27 second and subsequent years of a facility's contract under this
389.28 section are the previous rate year's contract payment rates plus
389.29 an inflation adjustment. The index for the inflation adjustment
389.30 must be based on the change in the Consumer Price Index-All
389.31 Items (United States City average) (CPI-U) forecasted by Data
389.32 Resources, Inc., as forecasted in the fourth quarter of the
389.33 calendar year preceding the rate year. The inflation adjustment
389.34 must be based on the 12-month period from the midpoint of the
389.35 previous rate year to the midpoint of the rate year for which
389.36 the rate is being determined.
390.1 (d) The commissioner may shall develop additional
390.2 incentive-based payments of up to five percent above the
390.3 standard contract rate for achieving outcomes specified in each
390.4 contract. The incentive system may be implemented for contract
390.5 rate years beginning on or after July 1, 1996. The specified
390.6 facility-specific outcomes must be measurable and must be based
390.7 on criteria to be developed and approved by the commissioner.
390.8 The commissioner may establish, for each contract, various
390.9 levels of achievement within an outcome. After the outcomes
390.10 have been specified the commissioner shall assign various levels
390.11 of payment associated with achieving the outcome. Any
390.12 incentive-based payment cancels if there is a termination of the
390.13 contract. In establishing the specified outcomes and related
390.14 criteria the commissioner shall consider the following state
390.15 policy objectives:
390.16 (1) improved cost effectiveness and quality of life as
390.17 measured by improved clinical outcomes;
390.18 (2) successful diversion or discharge to community
390.19 alternatives;
390.20 (3) decreased acute care costs;
390.21 (4) improved consumer satisfaction;
390.22 (5) the achievement of quality; or
390.23 (6) any additional outcomes proposed by a nursing facility
390.24 that the commissioner finds desirable.
390.25 Sec. 13. [256B.693] [STATE-OPERATED SERVICES; MANAGED
390.26 CARE.]
390.27 Subdivision 1. [PROPOSALS FOR MANAGED CARE; ROLE OF STATE
390.28 OPERATED SERVICES.] Any proposal integrating state-operated
390.29 services with managed care systems for persons with disabilities
390.30 shall identify the specific role to be assumed by state-operated
390.31 services and the funding arrangement in which state-operated
390.32 services shall effectively operate within the managed care
390.33 initiative. The commissioner shall not approve or implement the
390.34 initiative that consolidates funding appropriated for
390.35 state-operated services with funding for managed care
390.36 initiatives for persons with disabilities.
391.1 Subd. 2. [STUDY BY THE COMMISSIONER.] To help identify
391.2 appropriate state-operated services for managed care systems,
391.3 the commissioner of human services shall study the integration
391.4 of state-operated services into public managed care systems and
391.5 make recommendations to the legislature. The commissioner's
391.6 study and recommendations shall include, but shall not be
391.7 limited to, the following:
391.8 (1) identification of persons with disabilities on waiting
391.9 lists for services, which could be provided by state-operated
391.10 services;
391.11 (2) availability of crisis services to persons with
391.12 disabilities;
391.13 (3) unmet service needs, which could be met by
391.14 state-operated services; and
391.15 (4) deficiencies in managed care contracts and services,
391.16 which hinder the placement and maintenance of persons with
391.17 disabilities in community settings.
391.18 In conducting this study, the commissioner shall survey
391.19 counties concerning their interest in and need for services that
391.20 could be provided by state-operated services. The commissioner
391.21 shall also consult with the appropriate exclusive bargaining
391.22 unit representatives. The commissioner shall report findings to
391.23 the legislature by February 1, 1998.
391.24 Sec. 14. Minnesota Statutes 1996, section 256E.06, is
391.25 amended by adding a subdivision to read:
391.26 Subd. 2b. [COUNTY SOCIAL SERVICE GRANTS FOR FORMER GRH
391.27 RECIPIENTS.] (a) Notwithstanding subdivisions 1 and 2, and
391.28 notwithstanding the provision in Laws 1995, chapter 207, article
391.29 1, section 2, subdivision 3, that authorized the commissioner to
391.30 transfer funds from the group residential housing account to
391.31 community social services aids to counties, beginning July 1,
391.32 1995, money used to provide continuous funding for assistance to
391.33 persons who are no longer eligible for assistance under the
391.34 group residential housing program under chapter 256I, as
391.35 specified in paragraph (b), is added to the community social
391.36 services aid amount for the county in which the group
392.1 residential housing setting for which the person is no longer
392.2 eligible is located. Notwithstanding the provision in Laws
392.3 1995, chapter 207, article 1, section 2, subdivision 3, that
392.4 required the increased community social services act
392.5 appropriations to be used to proportionately increase each
392.6 county's aid, this money must not be apportioned to any other
392.7 county or counties.
392.8 (b) Former group residential housing recipients for whom
392.9 money is added to a county's aid amount under paragraph (a)
392.10 include:
392.11 (1) persons receiving services in Hennepin county from a
392.12 provider that on August 1, 1984, was licensed under Minnesota
392.13 Rules, parts 9525.0520 to 9525.0660, but was funded as a group
392.14 residence under the general assistance or Minnesota supplemental
392.15 aid programs;
392.16 (2) persons residing in a setting with a semi-independent
392.17 living services license under Minnesota Rules, parts 9525.0900
392.18 to 9525.1020; and
392.19 (3) persons residing in family foster care settings who
392.20 have become ineligible for group residential housing assistance
392.21 because they receive services through the medical assistance
392.22 community-based waiver for persons with mental retardation or
392.23 related conditions under section 256B.0916.
392.24 Sec. 15. [256J.03] [TANF RESERVE ACCOUNT.]
392.25 The Minnesota family investment program-statewide/TANF
392.26 reserve account is created in the state treasury. Funds
392.27 designated by the legislature and earnings available from the
392.28 federal TANF block grant appropriated to the commissioner but
392.29 not expended in the biennium beginning July 1, 1997, shall be
392.30 retained in the reserve account to be expended for the Minnesota
392.31 family investment program-statewide in fiscal year 2000 and
392.32 subsequent fiscal years.
392.33 Sec. 16. Minnesota Statutes 1996, section 518.17,
392.34 subdivision 1, is amended to read:
392.35 Subdivision 1. [THE BEST INTERESTS OF THE CHILD.] (a) "The
392.36 best interests of the child" means all relevant factors to be
393.1 considered and evaluated by the court including:
393.2 (1) the wishes of the child's parent or parents as to
393.3 custody;
393.4 (2) the reasonable preference of the child, if the court
393.5 deems the child to be of sufficient age to express preference;
393.6 (3) the child's primary caretaker;
393.7 (4) the intimacy of the relationship between each parent
393.8 and the child;
393.9 (5) the interaction and interrelationship of the child with
393.10 a parent or parents, siblings, and any other person who may
393.11 significantly affect the child's best interests;
393.12 (6) the child's adjustment to home, school, and community;
393.13 (7) the length of time the child has lived in a stable,
393.14 satisfactory environment and the desirability of maintaining
393.15 continuity;
393.16 (8) the permanence, as a family unit, of the existing or
393.17 proposed custodial home;
393.18 (9) the mental and physical health of all individuals
393.19 involved; except that a disability, as defined in section
393.20 363.01, of a proposed custodian or the child shall not be
393.21 determinative of the custody of the child, unless the proposed
393.22 custodial arrangement is not in the best interest of the child;
393.23 (10) the capacity and disposition of the parties to give
393.24 the child love, affection, and guidance, and to continue
393.25 educating and raising the child in the child's culture and
393.26 religion or creed, if any;
393.27 (11) the child's cultural background;
393.28 (12) the effect on the child of the actions of an abuser,
393.29 if related to domestic abuse, as defined in section 518B.01,
393.30 that has occurred between the parents or between a parent and
393.31 another individual, whether or not the individual alleged to
393.32 have committed domestic abuse is or ever was a family or
393.33 household member of the parent; and
393.34 (13) except in cases in which a finding of domestic abuse
393.35 as defined in section 518B.01 has been made, the disposition of
393.36 each parent to encourage and permit frequent and continuing
394.1 contact by the other parent with the child.
394.2 The court may not use one factor to the exclusion of all
394.3 others. The primary caretaker factor may not be used as a
394.4 presumption in determining the best interests of the child. The
394.5 court must make detailed findings on each of the factors and
394.6 explain how the factors led to its conclusions and to the
394.7 determination of the best interests of the child.
394.8 (b) The court shall not consider conduct of a proposed
394.9 custodian that does not affect the custodian's relationship to
394.10 the child.
394.11 Sec. 17. [DOMESTIC VIOLENCE; TRAINING PROGRAMS.]
394.12 The commissioner of human services shall establish
394.13 mandatory domestic violence and sexual abuse training programs
394.14 for county financial workers and child support agency employees
394.15 who screen and work with applicants and recipients. In order to
394.16 provide this training, the commissioner shall establish a
394.17 request for proposals and contract with experts in domestic
394.18 violence and sexual abuse issues to do the actual training.
394.19 Where feasible, the commissioner shall integrate training on
394.20 domestic violence and sexual abuse issues with retraining of
394.21 county employees on implementation of the new TANF program, and
394.22 with the training required under Minnesota Statutes 1996,
394.23 section 256.741, subdivision 14, in order to contain costs. To
394.24 the extent possible, the state or local agency shall not refer
394.25 applicants or recipients to any employee who has not been
394.26 trained in dealing with issues related to domestic violence and
394.27 sexual abuse.
394.28 Sec. 18. [VETERANS HOMES IMPROVEMENTS.]
394.29 (a) The veterans homes board of directors may make and
394.30 maintain the following improvements to the indicated veterans
394.31 homes using money donated for those purposes:
394.32 (1) at the Hastings veterans home, an outdoor bus shelter
394.33 and smoking area for residents and a pole barn for storage of
394.34 residents' property;
394.35 (2) at the Luverne veterans home, a garage, picnic shelter,
394.36 and three-season porch; and
395.1 (3) at the Silver Bay veterans home, a garage, maintenance,
395.2 and storage building, a three-season porch at the east entrance,
395.3 and landscaping as follows:
395.4 (i) walking and wheelchair trails;
395.5 (ii) stationary benches along trails;
395.6 (iii) flag pole relocation;
395.7 (iv) a gazebo in the dementia wander area; and
395.8 (v) two patio areas.
395.9 (b) Money donated for these improvements must be accounted
395.10 for according to Minnesota Statutes, section 198.161.
395.11 Sec. 19. [TRANSITION FOR THE COMPULSIVE GAMBLING TREATMENT
395.12 PROGRAM.]
395.13 The commissioner of human services shall conduct a
395.14 transition of treatment programs for compulsive gambling from
395.15 the treatment center model to a model in which reimbursement for
395.16 treatment of an individual compulsive gambler from an approved
395.17 provider is on a fee-for-service basis on the following schedule:
395.18 (1) one-third of compulsive gamblers treated through the
395.19 program must receive services paid for from the individual
395.20 treatment reimbursement model beginning October 1, 1997;
395.21 (2) two-thirds of compulsive gamblers treated through the
395.22 program must receive services paid for from the individual
395.23 treatment reimbursement model beginning July 1, 1998; and
395.24 (3) 100 percent of compulsive gamblers treated through the
395.25 program must receive treatment paid for from the individual
395.26 treatment reimbursement model beginning July 1, 1999.
395.27 Sec. 20. [JOBS-PLUS PILOT PROJECT.]
395.28 Subdivision 1. [PROJECT AUTHORIZED.] A three-year
395.29 jobs-plus pilot project administered by the Manpower
395.30 Demonstration Research Corporation is authorized in Ramsey
395.31 county. The commissioner of human services shall cooperate with
395.32 the St. Paul public housing authority, Ramsey county, the St.
395.33 Paul workforce development center, and the Manpower
395.34 Demonstration Research Corporation to develop and implement the
395.35 project.
395.36 Subd. 2. [PROJECT DESCRIPTION.] (a) Jobs-plus shall offer
396.1 intensive employment-related services and activities to
396.2 working-age family residents of the Mt. Airy Homes public
396.3 housing development. McDonough Homes and Roosevelt Homes public
396.4 housing developments shall be used as comparison sites. The
396.5 project shall incorporate community support for work, work
396.6 incentives, and best practices in preparing people for sustained
396.7 employment and in linking residents with jobs.
396.8 (b) The Mt. Airy community center shall serve as a hub for
396.9 delivery of pilot project services, delivery of related
396.10 services, and promotion of community support for work. The
396.11 center shall provide space for economic development and
396.12 supportive services programming and for activities that best
396.13 respond to diverse resident needs, including expanded child
396.14 care, computer technology access, employment-related and
396.15 workforce literacy training, job clubs, job fairs, special
396.16 workshops, and life skills training.
396.17 (c) The pilot project shall promote the involvement of Mt.
396.18 Airy Homes residents in the development and implementation of
396.19 the pilot project through community meetings, celebrations and
396.20 recognition events, and the inclusion of resident
396.21 representatives in planning and implementation activities.
396.22 (d) The commissioner may authorize work incentives that
396.23 exceed the incentives provided to participants in the Minnesota
396.24 family investment program-statewide (MFIP-S).
396.25 (e) The commissioner of human services, the St. Paul public
396.26 housing authority, Ramsey county, the St. Paul workforce
396.27 development center, and the Manpower Development Research
396.28 Corporation may negotiate changes as necessary in the program
396.29 outlined in paragraphs (a) to (d) in order to develop an
396.30 effective jobs-plus project.
396.31 Subd. 3. [PROJECT FUNDING.] The commissioner of human
396.32 services may authorize work incentives that are different from
396.33 the incentives provided under the MFIP-S program only if
396.34 nonstate funding is available to defray the additional costs
396.35 associated with utilizing the different work incentives.
396.36 Subd. 4. [RELEASE OF DATA.] Notwithstanding the provisions
397.1 of Minnesota Statutes, chapter 13, Ramsey county and the
397.2 relevant state agencies shall, upon request, release to the
397.3 Manpower Demonstration Research Corporation data on public
397.4 assistance benefits received, wages earned, and unemployment
397.5 insurance benefits received by residents of the Mt. Airy Homes,
397.6 McDonough Homes, and Roosevelt Homes public housing developments
397.7 in St. Paul during the period from 1992 to 2002 for the purposes
397.8 of complying with the research and evaluation requirements of
397.9 the jobs-plus program.
397.10 Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
397.11 (a) Beginning July 1, 1999, the following persons will be
397.12 ineligible for general assistance and general assistance medical
397.13 care under Minnesota Statutes, chapter 256D, group residential
397.14 housing under Minnesota Statutes, chapter 256I, and MFIP-S
397.15 assistance under Minnesota Statutes, chapter 256J, funded with
397.16 state money:
397.17 (1) persons who are terminated from or denied Supplemental
397.18 Security Income due to the 1996 changes in the federal law
397.19 making persons whose alcohol or drug addiction is a material
397.20 factor contributing to the person's disability ineligible for
397.21 Supplemental Security Income, and are eligible for general
397.22 assistance under Minnesota Statutes, section 256D.05,
397.23 subdivision 1, paragraph (a), clause (17), general assistance
397.24 medical care under Minnesota Statutes, chapter 256D, or group
397.25 residential housing under Minnesota Statutes, chapter 256I;
397.26 (2) legal noncitizens who are ineligible for Supplemental
397.27 Security Income due to the 1996 changes in federal law making
397.28 certain noncitizens ineligible for these programs due to their
397.29 noncitizen status; and
397.30 (3) legal noncitizens who are eligible for MFIP-S
397.31 assistance, either the cash assistance portion or the food
397.32 assistance portion, funded entirely with state money.
397.33 (b) State money that remains unspent on June 30, 1999, due
397.34 to changes in federal law enacted after May 12, 1997, that
397.35 reduce state spending for legal noncitizens or for persons whose
397.36 alcohol or drug addiction is a material factor contributing to
398.1 the person's disability shall not cancel and shall be deposited
398.2 in the TANF reserve account.
398.3 Sec. 22. [ALTERNATIVE GRANT APPLICATION PROCESS FOR SMALL
398.4 COUNTIES.]
398.5 Subdivision 1. [AUTHORIZATION FOR PROGRAM.] Pine county
398.6 and up to four additional counties with a population of less
398.7 than 30,000 selected by the children's cabinet may use a letter
398.8 of intent in lieu of completing an application for social
398.9 service and employment service grants, including family services
398.10 collaboratives grants. For competitive grants, the departments
398.11 of human services; children, families, and learning; and
398.12 economic security may develop an alternate grantee selection
398.13 process that is based primarily on documented need.
398.14 If the county's request for funding is accepted by the
398.15 commissioners of the departments of human services; children,
398.16 families, and learning; or economic security, the appropriate
398.17 commissioner shall distribute the amount of funds requested by
398.18 the county up to the amount of the county's allocation or an
398.19 amount consistent with the grant and proportionate to that
398.20 county.
398.21 The county board shall approve the letter of intent. The
398.22 letter of intent shall include: an agreement to use the funds
398.23 for the purpose intended by the grant; a brief description of
398.24 the services to be provided; the outcomes, indicators, and
398.25 measures the services are intended to provide; and assurances
398.26 that the county will follow all applicable laws and rules
398.27 associated with the use of the grant funds.
398.28 Subd. 2. [FUTURE FUNDING.] The commissioners of the
398.29 departments of human services; children, families, and learning;
398.30 and economic security may withhold future funding if a
398.31 determination is made that the county has not met the
398.32 requirements of the program funded by the alternative funding
398.33 process. The commissioners shall first provide the county with
398.34 an appeal process and a 60-day notice of intent to reduce or end
398.35 funding received under subdivision 1.
398.36 Subd. 3. [REPORT.] The children's cabinet shall provide to
399.1 the legislature a report by January 15, 1999, on the feasibility
399.2 of using the alternative funding process for counties with less
399.3 than 30,000 population.
399.4 Subd. 4. [SERVICE DELIVERY PLAN.] Pine county and the
399.5 other counties using this alternative application process for
399.6 grants may annually update their service delivery plan to
399.7 reflect changes in the approved budget or services delivered in
399.8 lieu of submitting a biennial community social services plan, a
399.9 local service unit plan, a family services collaborative plan,
399.10 or a grant application, and other plan document requirements of
399.11 the departments of human services; children, families, and
399.12 learning; and economic security. The service delivery plan must
399.13 be an ongoing planning document that incorporates the major
399.14 requirements of the plans it replaces.
399.15 Subd. 5. [SUNSET.] This section expires on June 30, 2001.
399.16 Sec. 23. [REPORT; ALTERNATE RATES FOR NURSING FACILITIES.]
399.17 Before implementing any incentive-based payments under
399.18 section 12, the commissioner shall report to the chairs of the
399.19 senate health and family security committee and the house health
399.20 and human services committee by January 15, 1998, on the plan to
399.21 develop additional incentive-based payments for nursing
399.22 facilities under the 1997 amendments to Minnesota Statutes,
399.23 section 256B.434, subdivision 4.
399.24 Sec. 24. [EFFECTIVE DATE.]
399.25 Section 16, amending Minnesota Statutes 1996, section
399.26 518.17, subdivision 1, is effective the day following final
399.27 enactment.
399.28 ARTICLE 10
399.29 MARRIAGE PROVISIONS
399.30 Section 1. Minnesota Statutes 1996, section 517.01, is
399.31 amended to read:
399.32 517.01 [MARRIAGE A CIVIL CONTRACT.]
399.33 Marriage, so far as its validity in law is concerned, is a
399.34 civil contract between a man and a woman, to which the consent
399.35 of the parties, capable in law of contracting, is essential.
399.36 Lawful marriage may be contracted only between persons of the
400.1 opposite sex and only when a license has been obtained as
400.2 provided by law and when the marriage is contracted in the
400.3 presence of two witnesses and solemnized by one authorized, or
400.4 whom one or both of the parties in good faith believe to be
400.5 authorized, so to do. Marriages subsequent to April 26, 1941,
400.6 not so contracted shall be null and void.
400.7 Sec. 2. Minnesota Statutes 1996, section 517.03, is
400.8 amended to read:
400.9 517.03 [PROHIBITED MARRIAGES.]
400.10 Subdivision 1. [GENERAL.] (a) The following marriages are
400.11 prohibited:
400.12 (a) (1) a marriage entered into before the dissolution of
400.13 an earlier marriage of one of the parties becomes final, as
400.14 provided in section 518.145 or by the law of the jurisdiction
400.15 where the dissolution was granted;
400.16 (b) (2) a marriage between an ancestor and a descendant, or
400.17 between a brother and a sister, whether the relationship is by
400.18 the half or the whole blood or by adoption;
400.19 (c) (3) a marriage between an uncle and a niece, between an
400.20 aunt and a nephew, or between first cousins, whether the
400.21 relationship is by the half or the whole blood, except as to
400.22 marriages permitted by the established customs of aboriginal
400.23 cultures; provided, however, that and
400.24 (4) a marriage between persons of the same sex.
400.25 (b) A marriage entered into by persons of the same sex,
400.26 either under common law or statute, that is recognized by
400.27 another state or foreign jurisdiction is void in this state and
400.28 contractual rights granted by virtue of the marriage or its
400.29 termination are unenforceable in this state.
400.30 Subd. 2. [MENTALLY RETARDED PERSONS; CONSENT BY
400.31 COMMISSIONER OF HUMAN SERVICES.] Mentally retarded persons
400.32 committed to the guardianship of the commissioner of human
400.33 services and mentally retarded persons committed to the
400.34 conservatorship of the commissioner of human services in which
400.35 the terms of the conservatorship limit the right to marry, may
400.36 marry on receipt of written consent of the commissioner. The
401.1 commissioner shall grant consent unless it appears from the
401.2 commissioner's investigation that the marriage is not in the
401.3 best interest of the ward or conservatee and the public. The
401.4 court administrator of the district court in the county where
401.5 the application for a license is made by the ward or conservatee
401.6 shall not issue the license unless the court administrator has
401.7 received a signed copy of the consent of the commissioner of
401.8 human services.
401.9 Sec. 3. Minnesota Statutes 1996, section 517.08,
401.10 subdivision 1a, is amended to read:
401.11 Subd. 1a. Application for a marriage license shall be made
401.12 upon a form provided for the purpose and shall contain the
401.13 following information:
401.14 (1) the full names of the parties, and the sex of each
401.15 party;
401.16 (2) their post office addresses and county and state of
401.17 residence,;
401.18 (3) their full ages,;
401.19 (4) if either party has previously been married, the
401.20 party's married name, and the date, place and court in which the
401.21 marriage was dissolved or annulled or the date and place of
401.22 death of the former spouse,;
401.23 (5) if either party is a minor, the name and address of the
401.24 minor's parents or guardian,;
401.25 (6) whether the parties are related to each other, and, if
401.26 so, their relationship,;
401.27 (7) the name and date of birth of any child of which both
401.28 parties are parents, born before the making of the application,
401.29 unless their parental rights and the parent and child
401.30 relationship with respect to the child have been terminated,;
401.31 (8) address of the bride and groom after the marriage to
401.32 which the court administrator shall send a certified copy of the
401.33 marriage certificate,; and
401.34 (9) the full names the parties will have after marriage.
401.35 Sec. 4. Minnesota Statutes 1996, section 517.20, is
401.36 amended to read:
402.1 517.20 [APPLICATION.]
402.2 Except as provided in section 517.03, subdivision 1,
402.3 paragraph (b), all marriages contracted within this state prior
402.4 to March 1, 1979 or outside this state that were valid at the
402.5 time of the contract or subsequently validated by the laws of
402.6 the place in which they were contracted or by the domicile of
402.7 the parties are valid in this state.
402.8 Sec. 5. [EFFECTIVE DATE.]
402.9 Sections 1, 2, and 4 are effective the day following final
402.10 enactment. Section 3 is effective July 1, 1997. Section 2,
402.11 subdivision 1, paragraph (b), and section 4 apply to all
402.12 marriages entered into in other jurisdictions before, on, or
402.13 after the effective date of those sections.
402.14 ARTICLE 11
402.15 ACCELERATING STATE PAYMENTS
402.16 Section 1. Minnesota Statutes 1996, section 256.025,
402.17 subdivision 2, is amended to read:
402.18 Subd. 2. [COVERED PROGRAMS AND SERVICES.] The procedures
402.19 in this section govern payment of county agency expenditures for
402.20 benefits and services distributed under the following programs:
402.21 (1) aid to families with dependent children under sections
402.22 256.82, subdivision 1, and 256.935, subdivision 1, for
402.23 assistance costs incurred prior to July 1, 1997;
402.24 (2) medical assistance under sections 256B.041, subdivision
402.25 5, and 256B.19, subdivision 1;
402.26 (3) general assistance medical care under section 256D.03,
402.27 subdivision 6, for assistance costs incurred prior to July 1,
402.28 1997;
402.29 (4) general assistance under section 256D.03, subdivision
402.30 2, for assistance costs incurred prior to July 1, 1997;
402.31 (5) work readiness under section 256D.03, subdivision 2,
402.32 for assistance costs incurred prior to July 1, 1995;
402.33 (6) emergency assistance under section 256.871, subdivision
402.34 6, for assistance costs incurred prior to July 1, 1997;
402.35 (7) Minnesota supplemental aid under section 256D.36,
402.36 subdivision 1, for assistance costs incurred prior to July 1,
403.1 1997;
403.2 (8) preadmission screening and alternative care grants for
403.3 assistance costs incurred prior to July 1, 1997;
403.4 (9) work readiness services under section 256D.051 for
403.5 employment and training services costs incurred prior to July 1,
403.6 1995;
403.7 (10) case management services under section 256.736,
403.8 subdivision 13, for case management service costs incurred prior
403.9 to July 1, 1995;
403.10 (11) general assistance claims processing, medical
403.11 transportation and related costs for costs incurred prior to
403.12 July 1, 1997;
403.13 (12) medical assistance, medical transportation and related
403.14 costs for transportation and related costs incurred prior to
403.15 July 1, 1997; and
403.16 (13) group residential housing under section 256I.05,
403.17 subdivision 8, transferred from programs in clauses (4) and (7),
403.18 for assistance costs incurred prior to July 1, 1997.
403.19 Sec. 2. Minnesota Statutes 1996, section 256.025,
403.20 subdivision 4, is amended to read:
403.21 Subd. 4. [PAYMENT SCHEDULE.] Except as provided for in
403.22 subdivision 3, beginning July 1, 1991, the state will reimburse
403.23 counties, according to the following payment schedule, for the
403.24 county share of county agency expenditures for the programs
403.25 specified in subdivision 2.
403.26 (a) Beginning July 1, 1991, the state will reimburse or pay
403.27 the county share of county agency expenditures according to the
403.28 reporting cycle as established by the commissioner, for the
403.29 programs identified in subdivision 2. Payments for the period
403.30 of January 1 through July 31, for calendar years 1991, 1992,
403.31 1993, 1994, and 1995 shall be made on or before July 10 in each
403.32 of those years. Payments for the period August through December
403.33 for calendar years 1991, 1992, 1993, 1994, and 1995 shall be
403.34 made on or before the third of each month thereafter through
403.35 December 31 in each of those years.
403.36 (b) Payment for 1/24 of the base amount and the January
404.1 1996 county share of county agency expenditures growth amount
404.2 for the programs identified in subdivision 2 shall be made on or
404.3 before January 3, 1996. For the period of February 1, 1996
404.4 through July 31, 1996, payment of the base amount shall be made
404.5 on or before July 10, 1996, and payment of the growth amount
404.6 over the base amount shall be made on or before July 10, 1996.
404.7 Payments for the period August 1996 through December 1996 shall
404.8 be made on or before the third of each month thereafter through
404.9 December 31, 1996.
404.10 (c) Payment for the county share of county agency
404.11 expenditures during January 1997 shall be made on or before
404.12 January 3, 1997. Payment for 1/24 of the base amount and the
404.13 February 1997 county share of county agency expenditures growth
404.14 amount for the programs identified in subdivision 2 shall be
404.15 made on or before February 3, 1997. For the period of March 1,
404.16 1997 through July 31, 1997, payment of the base amount shall be
404.17 made on or before July 10, 1997, and payment of the growth
404.18 amount over the base amount shall be made on or before July 10,
404.19 1997. Payments for the period August 1997 through December 1997
404.20 shall be made on or before the third of each month thereafter
404.21 through December 31, 1997.
404.22 (d) Monthly payments for the county share of county agency
404.23 expenditures from January 1998 through February March 1998 shall
404.24 be made on or before the third of each month through February
404.25 March 1998. Payment for 1/24 of the base amount and the March
404.26 1998 county share of county agency expenditures growth amount
404.27 for the programs identified in subdivision 2 shall be made on or
404.28 before March 1998. For the period of April 1, 1998 through July
404.29 31, 1998, payment of the base amount shall be made on or before
404.30 July 10, 1998, and payment of the growth amount over the base
404.31 amount shall be made on or before July 10, 1998. Payments for
404.32 the period August 1998 through December 1998 shall be made on or
404.33 before the third of each month thereafter through December 31,
404.34 1998.
404.35 (e) Monthly payments for the county share of county agency
404.36 expenditures from January 1999 through March April 1999 shall be
405.1 made on or before the third of each month through March April
405.2 1999. Payment for 1/24 of the base amount and the April 1999
405.3 county share of county agency expenditures growth amount for the
405.4 programs identified in subdivision 2 shall be made on or before
405.5 April 3, 1999. For the period of May 1, 1999 through July 31,
405.6 1999, payment of the base amount shall be made on or before July
405.7 10, 1999, and payment of the growth amount over the base amount
405.8 shall be made on or before July 10, 1999. Payments for the
405.9 period August 1999 through December 1999 shall be made on or
405.10 before the third of each month thereafter through December 31,
405.11 1999.
405.12 (f) Monthly payments for the county share of county agency
405.13 expenditures from January 2000 through April May 2000 shall be
405.14 made on or before the third of each month through April May 2000.
405.15 Payment for 1/24 of the base amount and the May 2000 county
405.16 share of county agency expenditures growth amount for the
405.17 programs identified in subdivision 2 shall be made on or before
405.18 May 3, 2000. For the period of June 1, 2000 through July 31,
405.19 2000, payment of the base amount shall be made on or before July
405.20 10, 2000, and payment of the growth amount over the base amount
405.21 shall be made on or before July 10, 2000. Payments for the
405.22 period August 2000 through December 2000 shall be made on or
405.23 before the third of each month thereafter through December 31,
405.24 2000.
405.25 (g) Monthly payments for the county share of county agency
405.26 expenditures from January 2001 through May 2001 shall be made on
405.27 or before the third of each month through May 2001. Payment for
405.28 1/24 of the base amount and the June 2001 county share of county
405.29 agency expenditures growth amount for the programs identified in
405.30 subdivision 2 shall be made on or before June 3, 2001. Payments
405.31 for the period July 2001 through December 2001 shall be made on
405.32 or before the third of each month thereafter through December
405.33 31, 2001.
405.34 (h) Effective January 1, 2002 2001, monthly payments for
405.35 the county share of county agency expenditures shall be made
405.36 subsequent to the first of each month.
406.1 Payments under this subdivision are subject to the
406.2 provisions of section 256.017.
406.3 Sec. 3. Minnesota Statutes 1996, section 256.82,
406.4 subdivision 1, is amended to read:
406.5 Subdivision 1. [DIVISION OF COSTS AND PAYMENTS.] Based
406.6 upon estimates submitted by the county agency to the state
406.7 agency, which shall state the estimated required expenditures
406.8 for the succeeding month, upon the direction of the state
406.9 agency, payment shall be made monthly in advance by the state to
406.10 the counties of all federal funds available for that purpose for
406.11 such succeeding month. The state share of the nonfederal
406.12 portion of county agency expenditures shall be 85 100 percent.
406.13 and the county share shall be 15 percent. Benefits shall be
406.14 issued to recipients by the state or county and funded according
406.15 to section 256.025, subdivision 3, subject to provisions of
406.16 section 256.017. Beginning July 1, 1991, the state will
406.17 reimburse counties according to the payment schedule in section
406.18 256.025 for the county share of county agency expenditures under
406.19 this subdivision from January 1, 1991, on. Payment to counties
406.20 under this subdivision is subject to the provisions of section
406.21 256.017. Adjustment of any overestimate or underestimate made
406.22 by any county shall be paid upon the direction of the state
406.23 agency in any succeeding month.
406.24 Sec. 4. Minnesota Statutes 1996, section 256.871,
406.25 subdivision 6, is amended to read:
406.26 Subd. 6. [REPORTS OF ESTIMATED EXPENDITURES; PAYMENTS.]
406.27 The county agency shall submit to the state agency reports
406.28 required under section 256.01, subdivision 2, paragraph (17).
406.29 Fiscal reports shall estimate expenditures for each succeeding
406.30 month in such form as required by the state agency. The state
406.31 share of the nonfederal portion of eligible expenditures shall
406.32 be ten 100 percent and the county share shall be 90 percent.
406.33 Benefits shall be issued to recipients by the state or county
406.34 and funded according to section 256.025, subdivision 3, subject
406.35 to provisions of section 256.017. Beginning July 1, 1991, the
406.36 state will reimburse counties according to the payment schedule
407.1 set forth in section 256.025 for the county share of county
407.2 agency expenditures made under this subdivision from January 1,
407.3 1991, on. Payment under this subdivision is subject to the
407.4 provisions of section 256.017. Adjustment of any overestimate
407.5 or underestimate made by any county shall be paid upon the
407.6 direction of the state agency in any succeeding month.
407.7 Sec. 5. Minnesota Statutes 1996, section 256.935, is
407.8 amended to read:
407.9 256.935 [FUNERAL EXPENSES, PAYMENT BY COUNTY AGENCY.]
407.10 Subdivision 1. On the death of any person receiving public
407.11 assistance through aid to dependent children, the county agency
407.12 shall pay an amount for funeral expenses not exceeding the
407.13 amount paid for comparable services under section 261.035 plus
407.14 actual cemetery charges. No funeral expenses shall be paid if
407.15 the estate of the deceased is sufficient to pay such expenses or
407.16 if the spouse, who was legally responsible for the support of
407.17 the deceased while living, is able to pay such expenses;
407.18 provided, that the additional payment or donation of the cost of
407.19 cemetery lot, interment, religious service, or for the
407.20 transportation of the body into or out of the community in which
407.21 the deceased resided, shall not limit payment by the county
407.22 agency as herein authorized. Freedom of choice in the selection
407.23 of a funeral director shall be granted to persons lawfully
407.24 authorized to make arrangements for the burial of any such
407.25 deceased recipient. In determining the sufficiency of such
407.26 estate, due regard shall be had for the nature and marketability
407.27 of the assets of the estate. The county agency may grant
407.28 funeral expenses where the sale would cause undue loss to the
407.29 estate. Any amount paid for funeral expenses shall be a prior
407.30 claim against the estate, as provided in section 524.3-805, and
407.31 any amount recovered shall be reimbursed to the agency which
407.32 paid the expenses. The commissioner shall specify requirements
407.33 for reports, including fiscal reports, according to section
407.34 256.01, subdivision 2, paragraph (17). The state share shall
407.35 pay the entire amount of county agency expenditures shall be 50
407.36 percent and the county share shall be 50 percent. Benefits
408.1 shall be issued to recipients by the state or county and funded
408.2 according to section 256.025, subdivision 3, subject to
408.3 provisions of section 256.017.
408.4 Beginning July 1, 1991, the state will reimburse counties
408.5 according to the payment schedule set forth in section 256.025
408.6 for the county share of county agency expenditures made under
408.7 this subdivision from January 1, 1991, on. Payment under this
408.8 subdivision is subject to the provisions of section 256.017.
408.9 Sec. 6. Minnesota Statutes 1996, section 256B.0913,
408.10 subdivision 14, is amended to read:
408.11 Subd. 14. [REIMBURSEMENT AND RATE ADJUSTMENTS.] (a)
408.12 Reimbursement for expenditures for the alternative care services
408.13 as approved by the client's case manager shall be through the
408.14 invoice processing procedures of the department's Medicaid
408.15 Management Information System (MMIS). To receive reimbursement,
408.16 the county or vendor must submit invoices within 12 months
408.17 following the date of service. The county agency and its
408.18 vendors under contract shall not be reimbursed for services
408.19 which exceed the county allocation.
408.20 (b) If a county collects less than 50 percent of the client
408.21 premiums due under subdivision 12, the commissioner may withhold
408.22 up to three percent of the county's final alternative care
408.23 program allocation determined under subdivisions 10 and 11.
408.24 (c) Beginning July 1, 1991, the state will reimburse
408.25 counties, up to the limits of state appropriations, according to
408.26 the payment schedule in section 256.025 for the county share of
408.27 costs incurred under this subdivision on or after January 1,
408.28 1991, for individuals who would be eligible for medical
408.29 assistance within 180 days of admission to a nursing home.
408.30 (d) (c) For fiscal years beginning on or after July 1,
408.31 1993, the commissioner of human services shall not provide
408.32 automatic annual inflation adjustments for alternative care
408.33 services. The commissioner of finance shall include as a budget
408.34 change request in each biennial detailed expenditure budget
408.35 submitted to the legislature under section 16A.11 annual
408.36 adjustments in reimbursement rates for alternative care services
409.1 based on the forecasted percentage change in the Home Health
409.2 Agency Market Basket of Operating Costs, for the fiscal year
409.3 beginning July 1, compared to the previous fiscal year, unless
409.4 otherwise adjusted by statute. The Home Health Agency Market
409.5 Basket of Operating Costs is published by Data Resources, Inc.
409.6 The forecast to be used is the one published for the calendar
409.7 quarter beginning January 1, six months prior to the beginning
409.8 of the fiscal year for which rates are set.
409.9 (e) (d) The county shall negotiate individual rates with
409.10 vendors and may be reimbursed for actual costs up to the greater
409.11 of the county's current approved rate or 60 percent of the
409.12 maximum rate in fiscal year 1994 and 65 percent of the maximum
409.13 rate in fiscal year 1995 for each alternative care service.
409.14 Notwithstanding any other rule or statutory provision to the
409.15 contrary, the commissioner shall not be authorized to increase
409.16 rates by an annual inflation factor, unless so authorized by the
409.17 legislature.
409.18 (f) (e) On July 1, 1993, the commissioner shall increase
409.19 the maximum rate for home delivered meals to $4.50 per meal.
409.20 Sec. 7. Minnesota Statutes 1996, section 256B.19,
409.21 subdivision 2a, is amended to read:
409.22 Subd. 2a. [DIVISION OF COSTS.] Beginning July 1, 1991, the
409.23 state shall reimburse counties according to the payment schedule
409.24 in section 256.025 for the nonfederal share of costs incurred
409.25 for medical assistance common carrier transportation and related
409.26 travel expenses provided for medical purposes to medical
409.27 assistance recipients from January 1, 1991, on. For purposes of
409.28 this subdivision, transportation shall have the meaning given it
409.29 in Code of Federal Regulations, title 42, section 440.170(a), as
409.30 amended through October 1, 1987, and travel expenses shall have
409.31 the meaning given in Code of Federal Regulations, title 42,
409.32 section 440.170(a)(3), as amended through October 1, 1987.
409.33 The county shall ensure that only the least costly, most
409.34 appropriate transportation and travel expenses are used. The
409.35 state may enter into volume purchase contracts, or use a
409.36 competitive bidding process, whenever feasible, to minimize the
410.1 costs of transportation services. If the state has entered into
410.2 a volume purchase contract or used the competitive bidding
410.3 procedures of chapter 16B to arrange for transportation
410.4 services, the county may be required to use such arrangements to
410.5 be eligible for state reimbursement of the 50 percent county
410.6 share of medical assistance common carrier transportation and
410.7 related travel expenses provided for medical purposes.
410.8 Sec. 8. Minnesota Statutes 1996, section 256D.03,
410.9 subdivision 2, is amended to read:
410.10 Subd. 2. After December 31, 1980, State aid shall be paid
410.11 for 75 percent of all general assistance and grants up to the
410.12 standards of section 256D.01, subdivision 1a, and according to
410.13 procedures established by the commissioner, except as provided
410.14 for under section 256.017. Benefits shall be issued to
410.15 recipients by the state or county and funded according to
410.16 section 256.025, subdivision 3.
410.17 Beginning July 1, 1991, the state will reimburse counties
410.18 according to the payment schedule in section 256.025 for the
410.19 county share of county agency expenditures made under this
410.20 subdivision from January 1, 1991, on. Payment to counties under
410.21 this subdivision is subject to the provisions of section 256.017.
410.22 Sec. 9. Minnesota Statutes 1996, section 256D.03,
410.23 subdivision 2a, is amended to read:
410.24 Subd. 2a. [COUNTY AGENCY OPTIONS.] Any county agency may,
410.25 from its own resources, make payments of general assistance: (a)
410.26 at a standard higher than that established by the commissioner
410.27 without reference to the standards of section 256D.01,
410.28 subdivision 1; or (b) to persons not meeting the eligibility
410.29 standards set forth in section 256D.05, subdivision 1, but for
410.30 whom the aid would further the purposes established in the
410.31 general assistance program in accordance with according to rules
410.32 adopted by the commissioner pursuant according to the
410.33 administrative procedure act. The Minnesota department of human
410.34 services may maintain client records and issue these payments,
410.35 providing the cost of benefits is paid by the counties to the
410.36 department of human services in accordance with
411.1 sections according to section 256.01 and 256.025, subdivision 3.
411.2 Sec. 10. Minnesota Statutes 1996, section 256D.03,
411.3 subdivision 6, is amended to read:
411.4 Subd. 6. [DIVISION OF COSTS.] The state share of county
411.5 agency expenditures for general assistance medical care shall be
411.6 90 100 percent and the county share shall be ten percent.
411.7 Payments made under this subdivision shall be made in accordance
411.8 with according to sections 256B.041, subdivision 5 and 256B.19,
411.9 subdivision 1. In counties where a pilot or demonstration
411.10 project is operated for general assistance medical care
411.11 services, the state may pay 100 percent of the costs of
411.12 administering the pilot or demonstration project. Reimbursement
411.13 for these costs is subject to section 256.025.
411.14 Beginning July 1, 1991, the state will reimburse counties
411.15 according to the payment schedule in section 256.025 for the
411.16 county share of costs incurred under this subdivision from
411.17 January 1, 1991, on. Payment to counties under this subdivision
411.18 is subject to the provisions of section 256.017.
411.19 Notwithstanding any provision to the contrary, beginning
411.20 July 1, 1991, the state shall pay 100 percent of the costs for
411.21 centralized claims processing by the department of
411.22 administration relative to claims beginning January 1, 1991, and
411.23 submitted on behalf of general assistance medical care
411.24 recipients by vendors in the general assistance medical care
411.25 program.
411.26 Beginning July 1, 1991, the state shall reimburse counties
411.27 up to the limit of state appropriations for general assistance
411.28 medical care common carrier transportation and related travel
411.29 expenses provided for medical purposes after December 31, 1990.
411.30 Reimbursement shall be provided according to the payment
411.31 schedule set forth in section 256.025. For purposes of this
411.32 subdivision, transportation shall have the meaning given it in
411.33 Code of Federal Regulations, title 42, section 440.170(a), as
411.34 amended through October 1, 1987, and travel expenses shall have
411.35 the meaning given in Code of Federal Regulations, title 42,
411.36 section 440.170(a)(3), as amended through October 1, 1987.
412.1 The county shall ensure that only the least costly most
412.2 appropriate transportation and travel expenses are used. The
412.3 state may enter into volume purchase contracts, or use a
412.4 competitive bidding process, whenever feasible, to minimize the
412.5 costs of transportation services. If the state has entered into
412.6 a volume purchase contract or used the competitive bidding
412.7 procedures of chapter 16B to arrange for transportation
412.8 services, the county may be required to use such arrangements to
412.9 be eligible for state reimbursement for general assistance
412.10 medical care common carrier transportation and related travel
412.11 expenses provided for medical purposes.
412.12 In counties where prepaid health plans are under contract
412.13 to the commissioner to provide services to general assistance
412.14 medical care recipients, the cost of court ordered treatment
412.15 that does not include diagnostic evaluation, recommendation, or
412.16 referral for treatment by the prepaid health plan is the
412.17 responsibility of the county of financial responsibility.
412.18 Sec. 11. Minnesota Statutes 1996, section 256D.36, is
412.19 amended to read:
412.20 256D.36 [STATE PARTICIPATION.]
412.21 Subdivision 1. [STATE PARTICIPATION.] The state share of
412.22 aid paid shall be 85 100 percent. and the county share shall be
412.23 15 percent. Benefits shall be issued to recipients by the state
412.24 or county and funded according to section 256.025, subdivision
412.25 3, subject to provisions of section 256.017.
412.26 Beginning July 1, 1991, the state will reimburse counties
412.27 according to the payment schedule in section 256.025 for the
412.28 county share of county agency expenditures for financial
412.29 benefits to individuals under this subdivision from January 1,
412.30 1991, on. Payment to counties under this subdivision is subject
412.31 to the provisions of section 256.017.
412.32 Sec. 12. [COUNTY TREASURER DUTIES RELATED TO COUNTY
412.33 EXPENDITURES; 1998.]
412.34 On or before June 10, 1998, and on or before June 10, 1999,
412.35 2000, and 2001, the county treasurer shall pay to the
412.36 commissioner for deposit in the state treasury an amount equal
413.1 to 1/24 of the county's base amount as defined in Minnesota
413.2 Statutes, section 256.025, subdivision 1, for the programs and
413.3 services identified in Minnesota Statutes, section 256.025,
413.4 subdivision 2, clause (2).
413.5 Sec. 13. [REPEALER.]
413.6 Minnesota Statutes 1996, sections 256.026; and 256.82,
413.7 subdivision 1, are repealed.
413.8 ARTICLE 12
413.9 WELFARE REFORM AMENDMENTS
413.10 Section 1. Minnesota Statutes 1996, section 256.9354,
413.11 subdivision 8, as added by Laws 1997, chapter 85, article 3,
413.12 section 9, is amended to read:
413.13 Subd. 8. [SPONSOR'S INCOME AND RESOURCES DEEMED
413.14 AVAILABLE.] When determining eligibility for any federal or
413.15 state benefits under sections 256.9351 to 256.9363 and 256.9366
413.16 to 256.9369, the income and resources of all noncitizens whose
413.17 sponsor signed an affidavit of support as defined under the
413.18 United State States Code, title 8, section 1183a, shall be
413.19 deemed to include their sponsors' income and resources as
413.20 defined in the Personal Responsibility and Work Opportunity
413.21 Reconciliation Act of 1996, title IV, Public Law Number 104-193,
413.22 sections 421 and 422, and subsequently set out in federal rules.
413.23 Sec. 2. Minnesota Statutes 1996, section 256B.06,
413.24 subdivision 5, as added by Laws 1997, chapter 85, article 3,
413.25 section 20, is amended to read:
413.26 Subd. 5. [DEEMING OF SPONSOR INCOME AND RESOURCES.] When
413.27 determining eligibility for any federal or state funded medical
413.28 assistance under this section, the income and resources of all
413.29 noncitizens shall be deemed to include their sponsors' income
413.30 and resources as required under the Personal Responsibility and
413.31 Work Opportunity Reconciliation Act of 1996, title IV, Public
413.32 Law Number 104-193, sections 421 and 422, and subsequently set
413.33 out in federal rules. This section is effective the day
413.34 following final enactment.
413.35 Sec. 3. Minnesota Statutes 1996, section 256D.02,
413.36 subdivision 12a, as amended by Laws 1997, chapter 85, article 3,
414.1 section 27, is amended to read:
414.2 Subd. 12a. [RESIDENT.] (a) For purposes of eligibility for
414.3 general assistance and general assistance medical care, a person
414.4 must be a resident of this state.
414.5 (b) A "resident" is a person living in the state for at
414.6 least 30 days with the intention of making the person's home
414.7 here and not for any temporary purpose. Time spent in a shelter
414.8 for battered women shall count toward satisfying the 30-day
414.9 residency requirement. All applicants for these programs are
414.10 required to demonstrate the requisite intent and can do so in
414.11 any of the following ways:
414.12 (1) by showing that the applicant maintains a residence at
414.13 a verified address, other than a place of public accommodation.
414.14 An applicant may verify a residence address by presenting a
414.15 valid state driver's license, a state identification card, a
414.16 voter registration card, a rent receipt, a statement by the
414.17 landlord, apartment manager, or homeowner verifying that the
414.18 individual is residing at the address, or other form of
414.19 verification approved by the commissioner; or
414.20 (2) by verifying residence according to Minnesota Rules,
414.21 part 9500.1219, subpart 3, item C.
414.22 (c) For general assistance medical care, a county agency
414.23 shall waive the 30-day residency requirement in cases of medical
414.24 emergencies. For general assistance, a county shall waive the
414.25 30-day residency requirement where unusual hardship would result
414.26 from denial of general assistance. For purposes of this
414.27 subdivision, "unusual hardship" means the applicant is without
414.28 shelter or is without available resources for food.
414.29 The county agency must report to the commissioner within 30
414.30 days on any waiver granted under this section. The county shall
414.31 not deny an application solely because the applicant does not
414.32 meet at least one of the criteria in this subdivision, but shall
414.33 continue to process the application and leave the application
414.34 pending until the residency requirement is met or until
414.35 eligibility or ineligibility is established.
414.36 (d) For purposes of paragraph (c), the following
415.1 definitions apply (1) "metropolitan statistical area" is as
415.2 defined by the U.S. Census Bureau; (2) "shelter" includes any
415.3 shelter that is located within the metropolitan statistical area
415.4 containing the county and for which the applicant is eligible,
415.5 provided the applicant does not have to travel more than 20
415.6 miles to reach the shelter and has access to transportation to
415.7 the shelter. Clause (2) does not apply to counties in the
415.8 Minneapolis-St. Paul metropolitan statistical area.
415.9 (e) Migrant workers as defined in section 256J.08 and,
415.10 until March 31, 1998, their immediate families are exempt from
415.11 the 30-day residency requirement requirements of this section,
415.12 provided the migrant worker provides verification that the
415.13 migrant family worked in this state within the last 12 months
415.14 and earned at least $1,000 in gross wages during the time the
415.15 migrant worker worked in this state.
415.16 (f) For purposes of eligibility for emergency general
415.17 assistance, the 30-day residency requirement in paragraph
415.18 (b) under this section shall not be waived.
415.19 (g) If any provision of this subdivision is enjoined from
415.20 implementation or found unconstitutional by any court of
415.21 competent jurisdiction, the remaining provisions shall remain
415.22 valid and shall be given full effect.
415.23 Sec. 4. Minnesota Statutes 1996, section 256D.03,
415.24 subdivision 3, as amended by Laws 1997, chapter 85, article 3,
415.25 section 29, is amended to read:
415.26 Subd. 3. [GENERAL ASSISTANCE MEDICAL CARE; ELIGIBILITY.]
415.27 (a) General assistance medical care may be paid for any person
415.28 who is not eligible for medical assistance under chapter 256B,
415.29 including eligibility for medical assistance based on a
415.30 spenddown of excess income according to section 256B.056,
415.31 subdivision 5, and:
415.32 (1) who is receiving assistance under section 256D.05, or
415.33 who is having a payment made on the person's behalf under
415.34 sections 256I.01 to 256I.06; or
415.35 (2)(i) who is a resident of Minnesota; and whose equity in
415.36 assets is not in excess of $1,000 per assistance unit. No asset
416.1 test shall be applied to children and their parents living in
416.2 the same household. Exempt assets, the reduction of excess
416.3 assets, and the waiver of excess assets must conform to the
416.4 medical assistance program in chapter 256B, with the following
416.5 exception: the maximum amount of undistributed funds in a trust
416.6 that could be distributed to or on behalf of the beneficiary by
416.7 the trustee, assuming the full exercise of the trustee's
416.8 discretion under the terms of the trust, must be applied toward
416.9 the asset maximum; and
416.10 (ii) who has countable income not in excess of the
416.11 assistance standards established in section 256B.056,
416.12 subdivision 4, or whose excess income is spent down according to
416.13 section 256B.056, subdivision 5, using a six-month budget
416.14 period, except that a one-month budget period must be used for
416.15 recipients residing in a long-term care facility. The method
416.16 for calculating earned income disregards and deductions for a
416.17 person who resides with a dependent child under age 21 shall
416.18 follow section 256B.056. However, if a disregard of $30 and
416.19 one-third of the remainder described in section 256.74,
416.20 subdivision 1, clause (4), has been applied to the wage earner's
416.21 income, the disregard shall not be applied again until the wage
416.22 earner's income has not been considered in an eligibility
416.23 determination for general assistance, general assistance medical
416.24 care, medical assistance, aid to families with dependent
416.25 children or MFIP-S for 12 consecutive months. The earned income
416.26 and work expense deductions for a person who does not reside
416.27 with a dependent child under age 21 shall be the same as the
416.28 method used to determine eligibility for a person under section
416.29 256D.06, subdivision 1, except the disregard of the first $50 of
416.30 earned income is not allowed; or
416.31 (3) who would be eligible for medical assistance except
416.32 that the person resides in a facility that is determined by the
416.33 commissioner or the federal health care financing administration
416.34 to be an institution for mental diseases.
416.35 (b) Eligibility is available for the month of application,
416.36 and for three months prior to application if the person was
417.1 eligible in those prior months. A redetermination of
417.2 eligibility must occur every 12 months.
417.3 (c) General assistance medical care is not available for a
417.4 person in a correctional facility unless the person is detained
417.5 by law for less than one year in a county correctional or
417.6 detention facility as a person accused or convicted of a crime,
417.7 or admitted as an inpatient to a hospital on a criminal hold
417.8 order, and the person is a recipient of general assistance
417.9 medical care at the time the person is detained by law or
417.10 admitted on a criminal hold order and as long as the person
417.11 continues to meet other eligibility requirements of this
417.12 subdivision.
417.13 (d) General assistance medical care is not available for
417.14 applicants or recipients who do not cooperate with the county
417.15 agency to meet the requirements of medical assistance.
417.16 (e) In determining the amount of assets of an individual,
417.17 there shall be included any asset or interest in an asset,
417.18 including an asset excluded under paragraph (a), that was given
417.19 away, sold, or disposed of for less than fair market value
417.20 within the 60 months preceding application for general
417.21 assistance medical care or during the period of eligibility.
417.22 Any transfer described in this paragraph shall be presumed to
417.23 have been for the purpose of establishing eligibility for
417.24 general assistance medical care, unless the individual furnishes
417.25 convincing evidence to establish that the transaction was
417.26 exclusively for another purpose. For purposes of this
417.27 paragraph, the value of the asset or interest shall be the fair
417.28 market value at the time it was given away, sold, or disposed
417.29 of, less the amount of compensation received. For any
417.30 uncompensated transfer, the number of months of ineligibility,
417.31 including partial months, shall be calculated by dividing the
417.32 uncompensated transfer amount by the average monthly per person
417.33 payment made by the medical assistance program to skilled
417.34 nursing facilities for the previous calendar year. The
417.35 individual shall remain ineligible until this fixed period has
417.36 expired. The period of ineligibility may exceed 30 months, and
418.1 a reapplication for benefits after 30 months from the date of
418.2 the transfer shall not result in eligibility unless and until
418.3 the period of ineligibility has expired. The period of
418.4 ineligibility begins in the month the transfer was reported to
418.5 the county agency, or if the transfer was not reported, the
418.6 month in which the county agency discovered the transfer,
418.7 whichever comes first. For applicants, the period of
418.8 ineligibility begins on the date of the first approved
418.9 application.
418.10 (f) When determining eligibility for any state benefits
418.11 under this subdivision, the income and resources of all
418.12 noncitizens shall be deemed to include their sponsor's income
418.13 and resources as defined in the Personal Responsibility and Work
418.14 Opportunity Reconciliation Act of 1996, title IV, Public Law
418.15 Number 104-193, sections 421 and 422, and subsequently set out
418.16 in federal rules.
418.17 (g)(1) An undocumented noncitizen or a nonimmigrant is
418.18 ineligible for general assistance medical care other than
418.19 emergency services. For purposes of this subdivision, a
418.20 nonimmigrant is an individual in one or more of the classes
418.21 listed in United States Code, title 8, section 1101(a)(15), and
418.22 an undocumented noncitizen is an individual who resides in the
418.23 United States without the approval or acquiescence of the
418.24 Immigration and Naturalization Service.
418.25 (2) This paragraph does not apply to a child under age 18,
418.26 to a Cuban or Haitian entrant as defined in Public Law Number
418.27 96-422, section 501(e)(1) or (2)(a), or to a noncitizen who is
418.28 aged, blind, or disabled as defined in Code of Federal
418.29 Regulations, title 42, sections 435.520, 435.530, 435.531,
418.30 435.540, and 435.541, who cooperates with the Immigration and
418.31 Naturalization Service to pursue any applicable immigration
418.32 status, including citizenship, that would qualify the individual
418.33 for medical assistance with federal financial participation.
418.34 (3) For purposes of paragraph (f), "emergency services" has
418.35 the meaning given in Code of Federal Regulations, title 42,
418.36 section 440.255(b)(1), except that it also means services
419.1 rendered because of suspected or actual pesticide poisoning.
419.2 (4) Notwithstanding any other provision of law, a
419.3 noncitizen who is ineligible for medical assistance due to the
419.4 deeming of a sponsor's income and resources, is ineligible for
419.5 general assistance medical care.
419.6 Sec. 5. Minnesota Statutes 1996, section 256D.05,
419.7 subdivision 1, as amended by Laws 1997, chapter 85, article 3,
419.8 section 30, is amended to read:
419.9 Subdivision 1. [ELIGIBILITY.] (a) Each assistance unit
419.10 with income and resources less than the standard of assistance
419.11 established by the commissioner and with a member who is a
419.12 resident of the state shall be eligible for and entitled to
419.13 general assistance if the assistance unit is:
419.14 (1) a person who is suffering from a professionally
419.15 certified permanent or temporary illness, injury, or incapacity
419.16 which is expected to continue for more than 30 days and which
419.17 prevents the person from obtaining or retaining employment;
419.18 (2) a person whose presence in the home on a substantially
419.19 continuous basis is required because of the professionally
419.20 certified illness, injury, incapacity, or the age of another
419.21 member of the household;
419.22 (3) a person who has been placed in, and is residing in, a
419.23 licensed or certified facility for purposes of physical or
419.24 mental health or rehabilitation, or in an approved chemical
419.25 dependency domiciliary facility, if the placement is based on
419.26 illness or incapacity and is according to a plan developed or
419.27 approved by the county agency through its director or designated
419.28 representative;
419.29 (4) a person who resides in a shelter facility described in
419.30 subdivision 3;
419.31 (5) a person not described in clause (1) or (3) who is
419.32 diagnosed by a licensed physician, psychological practitioner,
419.33 or other qualified professional, as mentally retarded or
419.34 mentally ill, and that condition prevents the person from
419.35 obtaining or retaining employment;
419.36 (6) a person who has an application pending for, or is
420.1 appealing termination of benefits from, the social security
420.2 disability program or the program of supplemental security
420.3 income for the aged, blind, and disabled, provided the person
420.4 has a professionally certified permanent or temporary illness,
420.5 injury, or incapacity which is expected to continue for more
420.6 than 30 days and which prevents the person from obtaining or
420.7 retaining employment;
420.8 (7) a person who is unable to obtain or retain employment
420.9 because advanced age significantly affects the person's ability
420.10 to seek or engage in substantial work;
420.11 (8) a person who has been assessed by a vocational
420.12 specialist and, in consultation with the county agency, has been
420.13 determined to be unemployable for purposes of this clause; a
420.14 person is considered employable if there exist positions of
420.15 employment in the local labor market, regardless of the current
420.16 availability of openings for those positions, that the person is
420.17 capable of performing. The person's eligibility under this
420.18 category must be reassessed at least annually. The county
420.19 agency must provide notice to the person not later than 30 days
420.20 before annual eligibility under this item ends, informing the
420.21 person of the date annual eligibility will end and the need for
420.22 vocational assessment if the person wishes to continue
420.23 eligibility under this clause. For purposes of establishing
420.24 eligibility under this clause, it is the applicant's or
420.25 recipient's duty to obtain any needed vocational assessment;
420.26 (9) a person who is determined by the county agency,
420.27 according to permanent rules adopted by the commissioner, to be
420.28 learning disabled, provided that if a rehabilitation plan for
420.29 the person is developed or approved by the county agency, the
420.30 person is following the plan;
420.31 (10) a child under the age of 18 who is not living with a
420.32 parent, stepparent, or legal custodian, and only if: the child
420.33 is legally emancipated or living with an adult with the consent
420.34 of an agency acting as a legal custodian; the child is at least
420.35 16 years of age and the general assistance grant is approved by
420.36 the director of the county agency or a designated representative
421.1 as a component of a social services case plan for the child; or
421.2 the child is living with an adult with the consent of the
421.3 child's legal custodian and the county agency. For purposes of
421.4 this clause, "legally emancipated" means a person under the age
421.5 of 18 years who: (i) has been married; (ii) is on active duty
421.6 in the uniformed services of the United States; (iii) has been
421.7 emancipated by a court of competent jurisdiction; or (iv) is
421.8 otherwise considered emancipated under Minnesota law, and for
421.9 whom county social services has not determined that a social
421.10 services case plan is necessary, for reasons other than the
421.11 child has failed or refuses to cooperate with the county agency
421.12 in developing the plan;
421.13 (11) until March 31, 1998, a woman in the last trimester of
421.14 pregnancy who does not qualify for aid to families with
421.15 dependent children. A woman who is in the last trimester of
421.16 pregnancy who is currently receiving aid to families with
421.17 dependent children may be granted emergency general assistance
421.18 to meet emergency needs;
421.19 (12) a person who is eligible for displaced homemaker
421.20 services, programs, or assistance under section 268.96, but only
421.21 if that person is enrolled as a full-time student;
421.22 (13) a person who lives more than four hours round-trip
421.23 traveling time from any potential suitable employment;
421.24 (14) a person who is involved with protective or
421.25 court-ordered services that prevent the applicant or recipient
421.26 from working at least four hours per day;
421.27 (15)(i) until March 31, 1998, a family as defined in
421.28 section 256D.02, subdivision 5, which is ineligible for the aid
421.29 to families with dependent children program.
421.30 (ii) unless exempt under section 256D.051, subdivision 3a,
421.31 each adult in the unit must participate in and cooperate with
421.32 the food stamp employment and training program under section
421.33 256D.051 each month that the unit receives general assistance
421.34 benefits. The recipient's participation must begin no later
421.35 than the first day of the first full month following the
421.36 determination of eligibility for general assistance benefits.
422.1 To the extent of available resources, and with the county
422.2 agency's consent, the recipient may voluntarily continue to
422.3 participate in food stamp employment and training services for
422.4 up to three additional consecutive months immediately following
422.5 termination of general assistance benefits in order to complete
422.6 the provisions of the recipient's employability development
422.7 plan. If an adult member fails without good cause to
422.8 participate in or cooperate with the food stamp employment and
422.9 training program, the county agency shall concurrently terminate
422.10 that person's eligibility for general assistance and food stamps
422.11 using the notice, good cause, conciliation and termination
422.12 procedures specified in section 256D.051; or
422.13 (16) a person over age 18 whose primary language is not
422.14 English and who is attending high school at least half time; or
422.15 (17) a person whose alcohol and drug addiction is a
422.16 material factor that contributes to the person's disability;
422.17 applicants who assert this clause as a basis for eligibility
422.18 must be assessed by the county agency to determine if they are
422.19 amenable to treatment; if the applicant is determined to be not
422.20 amenable to treatment, but is otherwise eligible for benefits,
422.21 then general assistance must be paid in vendor form, up to the
422.22 limit of for the individual's shelter costs up to the limit of
422.23 the grant amount, with the residual, if any, paid according to
422.24 section 256D.09, subdivision 2a; if the applicant is determined
422.25 to be amenable to treatment, then in order to receive benefits,
422.26 the applicant must be in a treatment program or on a waiting
422.27 list and the benefits must be paid in vendor form, up to the
422.28 limit of for the individual's shelter costs, up to the limit of
422.29 the grant amount, with the residual, if any, paid according to
422.30 section 256D.09, subdivision 2a.
422.31 (b) As a condition of eligibility under paragraph (a),
422.32 clauses (1), (3), (5), (8), and (9), the recipient must complete
422.33 an interim assistance agreement and must apply for other
422.34 maintenance benefits as specified in section 256D.06,
422.35 subdivision 5, and must comply with efforts to determine the
422.36 recipient's eligibility for those other maintenance benefits.
423.1 (c) The burden of providing documentation for a county
423.2 agency to use to verify eligibility for general assistance or
423.3 for exemption from the food stamp employment and training
423.4 program is upon the applicant or recipient. The county agency
423.5 shall use documents already in its possession to verify
423.6 eligibility, and shall help the applicant or recipient obtain
423.7 other existing verification necessary to determine eligibility
423.8 which the applicant or recipient does not have and is unable to
423.9 obtain.
423.10 Sec. 6. Minnesota Statutes 1996, section 256D.05,
423.11 subdivision 8, as amended by Laws 1997, chapter 85, article 3,
423.12 section 34, is amended to read:
423.13 Subd. 8. [CITIZENSHIP.] (a) Effective July 1, 1997,
423.14 citizenship requirements for applicants and recipients under
423.15 sections 256D.01 to 256D.03, subdivision 2, and 256D.04 to
423.16 256D.21 shall be determined the same as under section 256J.11,
423.17 except that legal noncitizens who are applicants or recipients
423.18 must have been residents of Minnesota on March 1, 1997. Legal
423.19 noncitizens who arrive in Minnesota after March 1, 1997, and
423.20 become elderly or disabled after that date, and are otherwise
423.21 eligible for general assistance can receive benefits under this
423.22 section. The income and assets of sponsors of noncitizens shall
423.23 be deemed available to general assistance applicants and
423.24 recipients according to the Personal Responsibility and Work
423.25 Opportunity Reconciliation Act of 1996, Public Law Number
423.26 104-193, Title IV, sections 421 and 422, and subsequently set
423.27 out in federal rules.
423.28 (b) As a condition of eligibility, each legal adult
423.29 noncitizen in the assistance unit who has resided in the country
423.30 for four years or more and who is under 70 years of age must:
423.31 (1) be enrolled in a literacy class, English as a second
423.32 language class, or a citizen class;
423.33 (2) be applying for admission to a literacy class, English
423.34 as a second language class, and is on a waiting list;
423.35 (3) be in the process of applying for a waiver from the
423.36 Immigration and Naturalization Service of the English language
424.1 or civics requirements of the citizenship test;
424.2 (4) have submitted an application for citizenship to the
424.3 Immigration and Naturalization Service and is waiting for a
424.4 testing date or a subsequent swearing in ceremony; or
424.5 (5) have been denied citizenship due to a failure to pass
424.6 the test after two attempts or because of an inability to
424.7 understand the rights and responsibilities of becoming a United
424.8 States citizen, as documented by the Immigration and
424.9 Naturalization Service or the county.
424.10 If the county social service agency determines that a legal
424.11 noncitizen subject to the requirements of this subdivision will
424.12 require more than one year of English language training, then
424.13 the requirements of clause (1) or (2) shall be imposed after the
424.14 legal noncitizen has resided in the country for three years.
424.15 Individuals who reside in a facility licensed under chapter
424.16 144A, 144D, 245A, or 256I are exempt from the requirements of
424.17 this section.
424.18 Sec. 7. Laws 1997, chapter 85, article 1, section 7,
424.19 subdivision 2, is amended to read:
424.20 Subd. 2. [NONCITIZENS; MFIP-S FOOD PORTION.] For the
424.21 period January September 1, 1998 1997, to June 30, 1998,
424.22 noncitizens who do not meet one of the exemptions in section 412
424.23 of the Personal Responsibility and Work Opportunity
424.24 Reconciliation Act of 1996, but were residing in this state as
424.25 of July 1, 1997, are eligible for the 6/10 of the average value
424.26 of food stamps for the same family size and composition until
424.27 MFIP-S is operative in the noncitizen's county of financial
424.28 responsibility and thereafter, the 6/10 of the food portion of
424.29 MFIP-S. However, federal food stamp dollars cannot be used to
424.30 fund the food portion of MFIP-S benefits for an individual under
424.31 this subdivision.
424.32 Sec. 8. Laws 1997, chapter 85, article 1, section 8,
424.33 subdivision 2, is amended to read:
424.34 Subd. 2. [EXCEPTIONS.] (a) A county shall waive the 30-day
424.35 residency requirement where unusual hardship would result from
424.36 denial of assistance.
425.1 (b) For purposes of this section, unusual hardship means a
425.2 family:
425.3 (1) is without alternative shelter; or
425.4 (2) is without available resources for food.
425.5 (c) For purposes of this subdivision, the following
425.6 definitions apply (1) "metropolitan statistical area" is as
425.7 defined by the U.S. Census Bureau; (2) "alternative shelter"
425.8 includes any shelter that is located within the metropolitan
425.9 statistical area containing the county and for which the family
425.10 is eligible, provided the family does not have to travel more
425.11 than 20 miles to reach the shelter and has access to
425.12 transportation to the shelter. Clause (2) does not apply to
425.13 counties in the Minneapolis-St. Paul metropolitan statistical
425.14 area.
425.15 (d) Subd. 2a. [MIGRANT WORKERS.] Migrant workers, as
425.16 defined in section 256J.08, and their immediate families are
425.17 exempt from the 30-day residency requirement requirements of
425.18 subdivisions 1 and 1a, provided the migrant worker provides
425.19 verification that the migrant family worked in this state within
425.20 the last 12 months and earned at least $1,000 in gross wages
425.21 during the time the migrant worker worked in this state.
425.22 Sec. 9. Laws 1997, chapter 85, article 1, section 12,
425.23 subdivision 3, is amended to read:
425.24 Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for
425.25 MFIP-S, the equity value of all nonexcluded real and personal
425.26 property of the assistance unit must not exceed $2,000 for
425.27 applicants and $5,000 for ongoing recipients. The value of
425.28 clauses (1) to (18) must be excluded when determining the equity
425.29 value of real and personal property:
425.30 (1) licensed vehicles up to a total market value of less
425.31 than or equal to $7,500. The county agency shall apply any
425.32 excess market value to the asset limit described in this
425.33 section. If the assistance unit owns more than one licensed
425.34 vehicle, the county agency shall determine the vehicle with the
425.35 highest market value and count only the market value over
425.36 $7,500. The county agency shall count the market value of all
426.1 other vehicles and apply this amount to the asset limit
426.2 described in this section. The value of special equipment for a
426.3 handicapped member of the assistance unit is excluded. To
426.4 establish the market value of vehicles, a county agency must use
426.5 the N.A.D.A. Official Used Car Guide, Midwest Edition, for newer
426.6 model cars. The N.A.D.A. Official Used Car Guide, Midwest
426.7 Edition, is incorporated by reference. When a vehicle is not
426.8 listed in the guidebook, or when the applicant or participant
426.9 disputes the value listed in the guidebook as unreasonable given
426.10 the condition of the particular vehicle, the county agency may
426.11 require the applicant or participant to document the value by
426.12 securing a written statement from a motor vehicle dealer
426.13 licensed under section 168.27, stating the amount that the
426.14 dealer would pay to purchase the vehicle. The county agency
426.15 shall reimburse the applicant or participant for the cost of a
426.16 written statement that documents a lower value;
426.17 (2) the value of life insurance policies for members of the
426.18 assistance unit;
426.19 (3) one burial plot per member of an assistance unit;
426.20 (4) the value of personal property needed to produce earned
426.21 income, including tools, implements, farm animals, inventory,
426.22 business loans, business checking and savings accounts used
426.23 exclusively for the operation of a self-employment business, and
426.24 any motor vehicles if the vehicles are essential for the
426.25 self-employment business;
426.26 (5) the value of personal property not otherwise specified
426.27 which is commonly used by household members in day-to-day living
426.28 such as clothing, necessary household furniture, equipment, and
426.29 other basic maintenance items essential for daily living;
426.30 (6) the value of real and personal property owned by a
426.31 recipient of Social Supplemental Security Income or Minnesota
426.32 supplemental aid;
426.33 (7) the value of corrective payments, but only for the
426.34 month in which the payment is received and for the following
426.35 month;
426.36 (8) a mobile home used by an applicant or participant as
427.1 the applicant's or participant's home;
427.2 (9) money in a separate escrow account that is needed to
427.3 pay real estate taxes or insurance and that is used for this
427.4 purpose;
427.5 (10) money held in escrow to cover employee FICA, employee
427.6 tax withholding, sales tax withholding, employee worker
427.7 compensation, business insurance, property rental, property
427.8 taxes, and other costs that are paid at least annually, but less
427.9 often than monthly;
427.10 (11) monthly assistance and emergency assistance payments
427.11 for the current month's needs;
427.12 (12) the value of school loans, grants, or scholarships for
427.13 the period they are intended to cover;
427.14 (13) payments listed in section 256J.21, subdivision 2,
427.15 clause (9), which are held in escrow for a period not to exceed
427.16 three months to replace or repair personal or real property;
427.17 (14) income received in a budget month through the end of
427.18 the budget month;
427.19 (15) savings of a minor child or a minor parent that are
427.20 set aside in a separate account designated specifically for
427.21 future education or employment costs;
427.22 (16) the earned income tax credit and Minnesota working
427.23 family credit in the month received and the following month;
427.24 (17) payments excluded under federal law as long as those
427.25 payments are held in a separate account from any nonexcluded
427.26 funds; and
427.27 (18) money received by a participant of the corps to career
427.28 program under section 84.0887, subdivision 2, paragraph (b), as
427.29 a postservice benefit under the federal Americorps Act.
427.30 Sec. 10. Laws 1997, chapter 85, article 1, section 16,
427.31 subdivision 1, is amended to read:
427.32 Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a)
427.33 Applicants or recipients who have been convicted of a drug
427.34 offense after July 1, 1997, may, if otherwise eligible, receive
427.35 AFDC or MFIP-S benefits subject to the following conditions:
427.36 (1) benefits for the entire assistance unit must be paid in
428.1 vendor form for shelter and utilities during any time the
428.2 applicant is part of the assistance unit;
428.3 (2) the convicted applicant or recipient shall be subject
428.4 to random drug testing as a condition of continued eligibility
428.5 and is subject to sanctions under section 256J.46 following any
428.6 positive test for an illegal controlled substance, except that
428.7 the grant must continue to be vendor paid under clause (1).
428.8 This subdivision also applies to persons who receive food
428.9 stamps under section 115 of the Personal Responsibility and Work
428.10 Opportunity Reconciliation Act of 1996.
428.11 (b) For the purposes of this subdivision, "drug offense"
428.12 means a conviction that occurred after July 1, 1997, of sections
428.13 152.021 to 152.025, 152.0261, or 152.096. Drug offense also
428.14 means a conviction in another jurisdiction of the possession,
428.15 use, or distribution of a controlled substance, or conspiracy to
428.16 commit any of these offenses, if the offense occurred after July
428.17 1, 1997, and the conviction is a felony offense in that
428.18 jurisdiction, or in the case of New Jersey, a high misdemeanor.
428.19 Sec. 11. Laws 1997, chapter 85, article 1, section 26,
428.20 subdivision 2, is amended to read:
428.21 Subd. 2. [DEEMED INCOME AND ASSETS OF SPONSOR OF
428.22 NONCITIZENS.] All income and assets of a sponsor, or sponsor's
428.23 spouse, who executed an affidavit of support for a noncitizen
428.24 must be deemed to be unearned income of the noncitizen as
428.25 specified in the Personal Responsibility and Work Opportunity
428.26 Reconciliation Act of 1996, title IV, Public Law Number 104-193,
428.27 sections 421 and 422, and subsequently set out in federal rules.
428.28 Sec. 12. Laws 1997, chapter 85, article 1, section 32,
428.29 subdivision 5, is amended to read:
428.30 Subd. 5. [EXEMPTION FOR CERTAIN FAMILIES.] (a) Any cash
428.31 assistance received by an assistance unit does not count toward
428.32 the 60-month limit on assistance during a month in which the
428.33 parental caregiver is in the category in section 256J.56, clause
428.34 (1). The exemption applies for the period of time the caregiver
428.35 belongs to one of the categories specified in this subdivision.
428.36 (b) From July 1, 1997, until the date MFIP-S is operative
429.1 in the caregiver's county of financial responsibility, any cash
429.2 assistance received by a caregiver who is complying with
429.3 sections 256.73, subdivision 5a, and 256.736, if applicable,
429.4 does not count toward the 60-month limit on assistance.
429.5 Thereafter, any cash assistance received by a caregiver who is
429.6 complying with the requirements of sections 256J.14 and 256J.54,
429.7 if applicable, does not count towards the 60-month limit on
429.8 assistance.
429.9 Sec. 13. Laws 1997, chapter 85, article 1, section 33, is
429.10 amended to read:
429.11 Sec. 33. [256J.43] [INTERSTATE PAYMENT STANDARDS.]
429.12 (a) Effective July 1, 1997, the amount of assistance paid
429.13 to an eligible family in which all members have resided in this
429.14 state for fewer than 12 consecutive calendar months immediately
429.15 preceding the date of application shall be the lesser of either
429.16 the payment standard that would have been received by the family
429.17 from the state of immediate prior residence, or the amount
429.18 calculated in accordance with AFDC or MFIP-S standards. The
429.19 lesser payment must continue until the family meets the 12-month
429.20 requirement. Payment must be calculated by applying this
429.21 state's budgeting policies, and the unit's net income must be
429.22 deducted from the payment standard in the other state or in this
429.23 state, whichever is lower. Payment shall be made in vendor form
429.24 for rent and utilities, up to the limit of the grant amount, and
429.25 residual amounts, if any, shall be paid directly to the
429.26 assistance unit.
429.27 (b) During the first 12 months a family resides in this
429.28 state, the number of months that a family is eligible to receive
429.29 AFDC or MFIP-S benefits is limited to the number of months the
429.30 family would have been eligible to receive similar benefits in
429.31 the state of immediate prior residence.
429.32 (c) This policy applies whether or not the family received
429.33 similar benefits while residing in the state of previous
429.34 residence.
429.35 (d) When a family moves to this state from another state
429.36 where the family has exhausted that state's time limit for
430.1 receiving benefits under that state's TANF program, the family
430.2 will not be eligible to receive any AFDC or MFIP-S benefits in
430.3 this state for 12 months from the date the family moves here.
430.4 (e) For the purposes of this section, "state of immediate
430.5 prior residence" means:
430.6 (1) the state in which the applicant declares the applicant
430.7 spent the most time in the 30 days prior to moving to this
430.8 state; or
430.9 (2) the state in which an applicant who is a migrant worker
430.10 maintains a home.
430.11 (f) The commissioner shall annually verify and update all
430.12 other states' payment standards as they are to be in effect in
430.13 July of each year.
430.14 (g) Applicants must provide verification of their state of
430.15 immediate prior residence, in the form of tax statements, a
430.16 driver's license, automobile registration, rent receipts, or
430.17 other forms of verification approved by the commissioner.
430.18 (h) Migrant workers, as defined in section 256J.08, and
430.19 their immediate families are exempt from this section, provided
430.20 the migrant worker provides verification that the migrant family
430.21 worked in this state within the last 12 months and earned at
430.22 least $1,000 in gross wages during the time the migrant worker
430.23 worked in this state.
430.24 Sec. 14. Laws 1997, chapter 85, article 1, section 75, is
430.25 amended to read:
430.26 Sec. 75. [EFFECTIVE DATE.]
430.27 (a) Sections 2, 7, 8, 16, 32, 33, 39, subdivisions 2 and
430.28 11, 60, 61, and 64 are effective July 1, 1997.
430.29 (b) The remaining provisions of this article are effective
430.30 January 1, 1998, unless otherwise specified in the section.
430.31 Sec. 15. Laws 1997, chapter 85, article 3, section 28,
430.32 subdivision 1, is amended to read:
430.33 Subdivision 1. [PERSON CONVICTED OF DRUG OFFENSES.] (a) If
430.34 an applicant or recipient has been convicted of a drug offense
430.35 after July 1, 1997, the assistance unit is ineligible for
430.36 benefits under this chapter until five years after the applicant
431.1 has completed terms of the court-ordered sentence, unless the
431.2 person is participating in a drug treatment program, has
431.3 successfully completed a drug treatment program, or has been
431.4 assessed by the county and determined not to be in need of a
431.5 drug treatment program. Persons subject to the limitations of
431.6 this subdivision who become eligible for assistance under this
431.7 chapter shall be subject to random drug testing as a condition
431.8 of continued eligibility and shall lose eligibility for benefits
431.9 for five years beginning the month following:
431.10 (1) any positive test result for an illegal controlled
431.11 substance; or (2) discharge of sentence after conviction for
431.12 another drug felony.
431.13 (b) For the purposes of this subdivision, "drug offense"
431.14 means a conviction that occurred after July 1, 1997, of sections
431.15 152.021 to 152.025, 152.0261, or 152.096. Drug offense also
431.16 means a conviction in another jurisdiction of the possession,
431.17 use, or distribution of a controlled substance, or conspiracy to
431.18 commit any of these offenses, if the offense occurred after July
431.19 1, 1997, and the conviction is a felony offense in that
431.20 jurisdiction, or in the case of New Jersey, a high misdemeanor.
431.21 Sec. 16. Laws 1997, chapter 85, article 3, section 42, is
431.22 amended to read:
431.23 Sec. 42. [256D.057] [SUPPLEMENT FOR CERTAIN NONCITIZENS.]
431.24 (a) For the period from July 1, 1997, to June 30, 1998, for
431.25 an assistance unit receiving general assistance that contains an
431.26 adult or a minor legal noncitizen who was residing in this state
431.27 as of July 1, 1997, and lost eligibility for the federal food
431.28 stamp and Supplemental Security Income programs under the
431.29 provisions of title IV of Public Law Number 104-193, the
431.30 standard is shall include an additional $87 for each legal
431.31 noncitizen under this section. To be eligible for benefits
431.32 under this section, each legal adult noncitizen in the
431.33 assistance unit who has resided in the country for four years or
431.34 more and is under 70 years of age must:
431.35 (1) be enrolled in a literacy class, English as a second
431.36 language class, or a citizenship class;
432.1 (2) be applying for admission to a literacy class, English
432.2 as a second language class, or a citizenship class, and is
432.3 enrolled within 60 days of receiving the increased grant amount
432.4 under this paragraph on a waiting list;
432.5 (3) be in the process of applying for a waiver from the
432.6 Immigration and Naturalization Service of the English language
432.7 or civics requirement of the citizenship test;
432.8 (4) have submitted an application for citizenship to the
432.9 Immigration and Naturalization Service and is waiting for a
432.10 testing date or a subsequent swearing in ceremony; or
432.11 (5) have been denied citizenship due to a failure to pass
432.12 the test after two attempts or due to a denial of the
432.13 application for naturalization because of an inability to
432.14 understand the rights and responsibilities of becoming a
432.15 citizen, as documented by the Immigration and Naturalization
432.16 Service or the county.
432.17 If the county social service agency determines that a legal
432.18 noncitizen subject to the requirements of this subdivision will
432.19 require more than one year of English language training, then
432.20 the requirements of clause (1) or (2) shall be imposed after the
432.21 legal noncitizen has resided in the country for three years.
432.22 Individuals who reside in a facility licensed under chapter
432.23 144A, 144D, 245A, or 256I are exempt from the requirements of
432.24 this section.
432.25 (b) The assistance provided under this section, which is
432.26 designated as a supplement to replace lost benefits under the
432.27 food stamp program, must be disregarded as income in federal and
432.28 state housing subsidy programs, low-income home energy
432.29 assistance programs, and other programs that do not count food
432.30 stamps as income.
432.31 Sec. 17. [TEMPORARY SAFETY PLAN UNDER MFIP-S EMPLOYMENT
432.32 AND TRAINING COMPONENT.]
432.33 Effective July 1, 1997, and for the period of July 1, 1997,
432.34 to March 31, 1998, a participant who is a victim of domestic
432.35 violence and who agrees to develop or has developed a safety
432.36 plan meeting the definition under this section is exempt from
433.1 the 60-month time limit under Minnesota Statutes, section
433.2 256J.42, for a period of three months from the date the safety
433.3 plan is approved by the county agency. A participant deferred
433.4 under this section must submit a safety plan status report to
433.5 the county agency on a quarterly basis. Based on a review of
433.6 the status report, the county agency may approve or renew the
433.7 participant's deferral each quarter, provided the personal
433.8 safety of the participant is still at risk and the participant
433.9 is complying with the plan. A participant who is deferred under
433.10 this section and Minnesota Statutes, section 256J.52,
433.11 subdivision 6, may be deferred for a total of 12 months under a
433.12 safety plan, provided the individual is complying with the terms
433.13 of the plan. For purposes of this section, "safety plan" means
433.14 a plan developed by a victim of domestic violence or a person
433.15 continuing to be at risk of domestic violence with the
433.16 assistance of a public agency or a private nonprofit agency,
433.17 including agencies that receive designation by the department of
433.18 corrections to provide emergency shelter services or support
433.19 services under Minnesota Statutes, section 611A.32. A safety
433.20 plan shall not include a provision that automatically requires a
433.21 domestic violence victim to seek an order of protection, or to
433.22 attend counseling, as part of the safety plan.
433.23 Sec. 18. [RESTORATION OF FEDERAL BENEFITS.]
433.24 (a) Notwithstanding Laws 1997, chapter 85, if at any time
433.25 federal benefits are restored for legal noncitizens who are
433.26 receiving any of the following benefits funded entirely with
433.27 state money:
433.28 (1) MFIP-S (TANF) under Minnesota Statutes, section
433.29 256J.11;
433.30 (2) medical assistance under Minnesota Statutes, section
433.31 256B.06; or
433.32 (3) general assistance and the food supplement authorized
433.33 by Minnesota Statutes, section 256D.057, in lieu of federal
433.34 Supplemental Security Income (SSI) and food stamp benefits;
433.35 then the commissioner shall immediately direct the county social
433.36 service agencies to:
434.1 (i) redetermine the eligibility of those legal noncitizens
434.2 for federally funded benefits under TANF, medical assistance,
434.3 Supplemental Security Income, and the federal food stamp
434.4 program; and
434.5 (ii) convert all legal noncitizens eligible for federally
434.6 funded benefits to the appropriate federal program and utilize
434.7 available federal funds for those eligible clients.
434.8 (b) Legal noncitizens who are converted to federal benefit
434.9 status are not eligible for state-only benefits under Minnesota
434.10 Statutes, section 256J.11, 256B.06, or 256D.057. Legal
434.11 noncitizens who apply for assistance subsequent to the date that
434.12 the federal government restores benefits to legal noncitizens
434.13 under any federal program must first be screened for federal
434.14 benefit eligibility.
434.15 Sec. 19. [EFFECTIVE DATE.]
434.16 (a) Section 2 is effective the day following final
434.17 enactment.
434.18 (b) Sections 9 and 11 are effective January 1, 1998.