SF 2115

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2014 08:37am

A bill for an act
relating to civil law; modifying certain exceptions to liability; amending
Minnesota Statutes 2012, section 466.03, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 466.03, is amended by adding a
subdivision to read:

new text begin Subd. 6g. new text end

new text begin Home and community-based services standards. new text end

new text begin A claim against a
county based on the failure of a provider to meet the licensing standards required under
chapter 245D to provide services to a person with developmental disabilities or to a person
pursuant to a home and community-based service waiver for the disabled under chapter
256B or to comply with the requirements of a coordinated service and support plan under
chapter 245D or 256B for such person, unless the county had actual knowledge of a
failure to meet licensing standards that resulted in a dangerous condition that foreseeably
threatened the plaintiff, and the county failed to report that knowledge to the Department
of Human Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to claims arising from incidents occurring on or after that date.
new text end