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Capital IconMinnesota Legislature

SF 2360

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/26/2021 05:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 2.1
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16
2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31
4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28
4.29
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3
6.4
6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4
7.5
7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13
10.14
10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28
10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15
11.16
11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20
12.21
12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31
12.32
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20
13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24
15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32
16.1 16.2 16.3
16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33
17.1 17.2 17.3
17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25
17.26
17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5
22.6 22.7 22.8
22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30
23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19
24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28
24.29 24.30 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21
26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10
27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29
27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24
29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11
30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19
33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17
34.18
34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14
35.15 35.16 35.17 35.18 35.19
35.20 35.21
35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11
37.12 37.13 37.14
37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21
38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23
39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6
40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18
41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18
44.19 44.20 44.21
44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18
46.19 46.20 46.21 46.22
46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5
47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15
47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22
48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13
50.14 50.15 50.16 50.17 50.18
50.19
50.20 50.21 50.22 50.23
50.24
50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5
51.6
51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3
52.4 52.5 52.6
52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32
54.1 54.2
54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11
54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21
55.22
55.23 55.24 55.25 55.26 55.27
56.1 56.2 56.3 56.4
56.5
56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22
56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 57.1 57.2 57.3
57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12
57.13 57.14 57.15 57.16 57.17 57.18
57.19
57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3
58.4
58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12
58.13 58.14 58.15 58.16 58.17
58.18 58.19 58.20
58.21 58.22
58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2
59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22
60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28
62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24
66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3
72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16
76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18
77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 78.1 78.2 78.3 78.4
78.5
78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9
79.10 79.11 79.12 79.13 79.14 79.16 79.15 79.18 79.17 79.19 79.20 79.21 79.22 79.24 79.23 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 79.36 79.37 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.9 80.8 80.11 80.10 80.12 80.13 80.15 80.14 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 80.36 80.37 80.38 80.39 80.40 80.41 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.14 81.13 81.15 81.16 81.17 81.18 81.19 81.20 81.22 81.21 81.23 81.24 81.26 81.25 81.27 81.28 81.29 81.30 81.31 81.32 81.34 81.33 81.35 81.36 81.37 81.38 81.39 81.40 81.41 81.42 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9
82.10 82.11 82.12 82.13 82.15 82.14 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 82.36 82.37 82.38 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.17 83.16 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 83.36 83.37 83.38 83.39 83.40 84.1 84.2 84.3 84.4 84.5 84.6
84.7 84.8 84.9 84.10 84.11 84.12
84.13 84.14 84.15 84.16 84.17 84.18 84.19
84.20 84.21 84.22 84.23 84.24
84.25 84.26 84.27 84.28 84.29 84.30 84.31 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11
85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26
85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9
86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8
87.9 87.10 87.11 87.12 87.13 87.14 87.15
87.16
87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27
87.28
88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8
88.9
88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20
89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15
90.16
90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14
95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22
97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 99.1 99.2 99.3 99.4 99.5 99.6 99.7
99.8
99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29
99.30 99.31 99.32 99.33
100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8
100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16
100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24
100.25 100.26
100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2
101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19
105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28
106.1 106.2 106.3 106.4 106.5 106.6 106.7
106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33
108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9
108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26
109.27 109.28 109.29 109.30 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 111.1 111.2
111.3 111.4 111.5 111.6 111.7 111.8 111.9
111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25
111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25
112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7
113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15
113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24
113.25 113.26 113.27 113.28 113.29 113.30
114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13
114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 115.1 115.2 115.3 115.4 115.5
115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14
115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24
115.25 115.26 115.27 115.28 115.29
116.1 116.2 116.3 116.4 116.5
116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 119.1 119.2 119.3 119.4 119.5
119.6 119.7 119.8 119.9 119.10
119.11 119.12 119.13
119.14 119.15
119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 121.1 121.2 121.3
121.4
121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22
122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20
123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14
124.15
124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10
125.11
125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22
125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26
126.27
126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9
128.10
128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19
129.20
129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9
130.10
130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19
130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 131.1 131.2 131.3 131.4 131.5 131.6 131.7
131.8
131.9 131.10
131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28
131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9
132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7
133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 134.1 134.2
134.3 134.4
134.5 134.6 134.7 134.8 134.9 134.10
134.11 134.12
134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24
134.25 134.26
134.27 134.28 134.29 134.30 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2
136.3
136.4 136.5 136.6 136.7 136.8
136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22
137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21
138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12
140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30
141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15
141.16
141.17 141.18
141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18
142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13
143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30

A bill for an act
relating to health; modifying provisions governing health care, human services,
and licensing and background studies; establishing a budget for health and human
services; making technical and conforming changes; transferring money;
appropriating money; amending Minnesota Statutes 2020, sections 16A.151,
subdivision 2; 62J.495, subdivisions 1, 2, 3, 4; 62J.498; 62J.4981; 62J.4982;
62J.701; 62J.72, subdivision 3; 62J.84, subdivision 6; 62W.11; 62W.13; 144.05,
by adding a subdivision; 144.057, subdivision 1; 144.1205, subdivisions 2, 4, 8,
9, by adding a subdivision; 144.125, subdivisions 1, 2; 144.1481, subdivision 1;
144.216, by adding subdivisions; 144.218, by adding a subdivision; 144.225,
subdivision 7; 144.226, subdivision 1; 144.551, subdivision 1; 144E.001, by adding
a subdivision; 144E.27; 144E.28, subdivisions 1, 3, 7, 8; 144E.283; 144E.285,
subdivisions 1, 2, 4, by adding subdivisions; 145.902; 148.995, subdivision 2;
148.996, subdivisions 2, 4, by adding a subdivision; 151.01, subdivision 29, by
adding subdivisions; 151.065, subdivisions 1, 3, 7; 151.066, subdivision 3; 151.555,
subdivisions 1, 7, 11, by adding a subdivision; 245C.02, subdivision 4a; 245C.05,
subdivisions 2c, 5; 245C.08, subdivision 1; 245C.32, subdivision 1a; 245F.03;
245G.02, subdivision 2; 245G.06, subdivision 3; 245G.11, subdivision 7; 254B.05,
subdivisions 1, 5, by adding a subdivision; 256.01, subdivision 28, by adding a
subdivision; 256.042, subdivision 4; 256.043, subdivision 4; 256.969, by adding
a subdivision; 256.9695, subdivision 1; 256.983; 256B.055, subdivision 6;
256B.056, subdivision 10; 256B.057, subdivision 3; 256B.06, subdivision 4;
256B.0625, subdivisions 3c, 3d, 3e, 9, 13, 13c, 13e, 13g, by adding subdivisions;
256B.0631, subdivision 1, by adding a subdivision; 256B.0638, subdivisions 3,
5, 6; 256B.0659, subdivision 13; 256B.196, subdivision 2; 256B.69, subdivision
6d, by adding a subdivision; 256B.6928, subdivision 5; 256B.75; 256L.01,
subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision 3a; 256L.15, by
adding a subdivision; 260E.31, subdivision 1; 295.53, subdivision 1; 326.71,
subdivision 4; 326.75, subdivisions 1, 2, 3; proposing coding for new law in
Minnesota Statutes, chapters 62A; 62J; 62Q; 144; 145; 148; 151; 256B; 363A;
repealing Minnesota Statutes 2020, sections 16A.724, subdivision 2; 144E.27,
subdivisions 1, 1a; 151.19, subdivision 3.

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

ARTICLE 1

HEALTH CARE; DEPARTMENT OF HUMAN SERVICES

Section 1.

Minnesota Statutes 2020, section 245F.03, is amended to read:


245F.03 APPLICATION.

(a) This chapter establishes minimum standards for withdrawal management programs
licensed by the commissioner that serve one or more unrelated persons.

(b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.new text begin This chapter does not apply
when a license holder is providing pre-treatment coordination services under section 254B.05,
subdivision 4a.
new text end

(c) Minnesota Rules, parts 9530.6600 to 9530.6655, do not apply to withdrawal
management programs licensed under this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245G.02, subdivision 2, is amended to read:


Subd. 2.

Exemption from license requirement.

This chapter does not apply to a county
or recovery community organization that is providing a service for which the county or
recovery community organization is an eligible vendor under section 254B.05. This chapter
does not apply to an organization whose primary functions are information, referral,
diagnosis, case management, and assessment for the purposes of client placement, education,
support group services, or self-help programs. This chapter does not apply to the activities
of a licensed professional in private practice. A license holder providing the initial set of
substance use disorder services allowable under section 254A.03, subdivision 3, paragraph
(c), to an individual referred to a licensed nonresidential substance use disorder treatment
program after a positive screen for alcohol or substance misuse is exempt from sections
245G.05; 245G.06, subdivisions 1, 2, and 4; 245G.07, subdivisions 1, paragraph (a), clauses
(2) to (4), and 2, clauses (1) to (7); and 245G.17.new text begin This chapter does not apply when a license
holder is providing pretreatment coordination services under section 254B.05, subdivision
4a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:


Subd. 3.

Documentation of treatment servicesnew text begin and pretreatment servicesnew text end; treatment
plan review.

(a) A review of all treatment services must be documented weekly and include
a review of:

(1) deleted text begincaredeleted text endnew text begin treatmentnew text end coordination activitiesnew text begin, including any pretreatment coordination
services
new text end;

(2) medical and other appointments the client attended;

(3) issues related to medications that are not documented in the medication administration
record; and

(4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.

(b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.

(c) A treatment plan review must be entered in a client's file weekly or after each treatment
service, whichever is less frequent, by the staff member providing the service. The review
must indicate the span of time covered by the review and each of the six dimensions listed
in section 245G.05, subdivision 2, paragraph (c). The review must:

(1) indicate the date, type, and amount of each treatment service provided and the client's
response to each service;

(2) address each goal in the treatment plan and whether the methods to address the goals
are effective;

(3) include monitoring of any physical and mental health problems;

(4) document the participation of others;

(5) document staff recommendations for changes in the methods identified in the treatment
plan and whether the client agrees with the change; and

(6) include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.

(d) Each entry in a client's record must be accurate, legible, signed, and dated. A late
entry must be clearly labeled "late entry." A correction to an entry must be made in a way
in which the original entry can still be read.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 245G.11, subdivision 7, is amended to read:


Subd. 7.

Treatment coordination provider qualifications.

(a) Treatment coordination
must be provided by qualified staff. An individual is qualified to provide treatment
coordination if the individual meets the qualifications of an alcohol and drug counselor
under subdivision 5 or if the individual:

(1) is skilled in the process of identifying and assessing a wide range of client needs;

(2) is knowledgeable about local community resources and how to use those resources
for the benefit of the client;

(3) has successfully completed 30 hours of classroom instruction on treatment
coordination for an individual with substance use disorder;

(4) has either:

(i) a bachelor's degree in one of the behavioral sciences or related fields; or

(ii) current certification as an alcohol and drug counselor, level I, by the Upper Midwest
Indian Council on Addictive Disorders; and

(5) has at least 2,000 hours of supervised experience working with individuals with
substance use disorder.

(b) A treatment coordinator must receive at least one hour of supervision regarding
individual service delivery from an alcohol and drug counselor, or a mental health
professional who has substance use treatment and assessments within the scope of their
practice, on a monthly basis.

new text begin (c) County staff who conduct chemical use assessments under Minnesota Rules, part
9530.6615, and are employed as of July 1, 2022, are qualified to provide treatment
coordination under section 245G.07, subdivision 1, paragraph (a), clause (5). County staff
who conduct chemical use assessments under Minnesota Rules, part 9530.6615, and are
employed after July 1, 2021, are qualified to provide treatment coordination under section
245G.07, subdivision 1, paragraph (a), clause (5), if the county staff person completes the
classroom instruction in paragraph (a), clause (3).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 254B.05, subdivision 1, is amended to read:


Subdivision 1.

Licensure required.

(a) Programs licensed by the commissioner are
eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
notwithstanding the provisions of section 245A.03. American Indian programs that provide
substance use disorder treatment, extended care, transitional residence, deleted text beginordeleted text end outpatient treatment
services, and are licensed by tribal government are eligible vendors.new text begin American Indian
programs are eligible vendors of peer support services according to section 245G.07,
subdivision 2, clause (8). An alcohol and drug counselor as defined in section 245G.11,
subdivision 5, must be available to recovery peers for ongoing consultation, as needed.
new text end

(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17
, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
(1) to (6).

(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of deleted text begincaredeleted text endnew text begin treatmentnew text end coordination services when
provided by an individual who meets the staffing credentials of section 245G.11, subdivisions
1
and 7, and provided according to the requirements of section 245G.07, subdivision 1,
paragraph (a), clause (5).new text begin A county is an eligible vendor of peer recovery support services
according to section 245G.07, subdivision 2, clause (8). An alcohol and drug counselor as
defined in section 245G.11, subdivision 5, must be available to recovery peers for ongoing
consultation, as needed.
new text end

(d) new text beginNonresidential programs licensed under chapter 245G, withdrawal management
programs licensed under chapter 245F, American Indian programs described in paragraph
(a), and counties are eligible vendors of pretreatment coordination services as defined under
section 254B.05, subdivision 4a, when the individual providing the services meets the
staffing credentials in section 245G.11, subdivisions 1 and 7.
new text end

new text begin (e) new text endA recovery community organization that meets certification requirements identified
by the commissioner is an eligible vendor of peer support services.

deleted text begin (e)deleted text endnew text begin (f)new text end Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 254B.05, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Pretreatment coordination services. new text end

new text begin (a) An enrolled provider may provide
pretreatment coordination services to an individual prior to the individual's comprehensive
assessment under section 245G.05, to facilitate an individual's access to a comprehensive
assessment. The total pretreatment coordination services must not exceed 36 units per
eligibility determination.
new text end

new text begin (b) An individual providing pretreatment coordination services must meet the staff
qualifications in section 245G.11, subdivision 7. Section 245G.05 and Minnesota Rules,
parts 9530.6600 to 9530.6655, do not apply to pretreatment coordination services.
new text end

new text begin (c) To be eligible for pretreatment coordination services, an individual must screen
positive for alcohol or substance misuse using a screening tool approved by the commissioner.
The provider may bill the screening as a pretreatment coordination service.
new text end

new text begin (d) Pretreatment coordination services include:
new text end

new text begin (1) assisting with connecting an individual with a qualified comprehensive assessment
provider;
new text end

new text begin (2) identifying barriers that might inhibit an individual's ability to participate in a
comprehensive assessment; and
new text end

new text begin (3) assisting with connecting an individual with resources to mitigate an individual's
immediate safety risks.
new text end

new text begin (e) A license holder is authorized to provide up to 36 units of pretreatment coordination
services, excluding travel time, and must document the following information in the client's
case file:
new text end

new text begin (1) the dates, number of units, and description of pretreatment coordination services
provided;
new text end

new text begin (2) identifying an individual's safety concerns and developing a plan to address those
concerns;
new text end

new text begin (3) assisting an individual with scheduling an appointment for a comprehensive
assessment and confirming that the individual and provider keep the appointment; and
new text end

new text begin (4) assisting an individual with accessing resources for obtaining a comprehensive
assessment authorizing substance use disorder treatment services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;

(3) deleted text begincaredeleted text endnew text begin treatmentnew text end coordination services provided according to section 245G.07,
subdivision 1
, paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;

(6) medication-assisted therapy services that are licensed according to sections 245G.01
to 245G.17 and 245G.22, or applicable tribal license;

(7) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (6) and provide nine hours of clinical services each week;

(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;

(9) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;

(10) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;

(11) high-intensity residential treatment services that are licensed according to sections
245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of
clinical services each week provided by a state-operated vendor or to clients who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community; deleted text beginand
deleted text end

(12) room and board facilities that meet the requirements of subdivision 1anew text begin; and
new text end

new text begin (13) pretreatment coordination services provided according to subdivision 4anew text end.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific programs as defined in section 254B.01, subdivision 4a, or
programs or subprograms serving special populations, if the program or subprogram meets
the following requirements:

(i) is designed to address the unique needs of individuals who share a common language,
racial, ethnic, or social background;

(ii) is governed with significant input from individuals of that specific background; and

(iii) employs individuals to provide individual or group therapy, at least 50 percent of
whom are of that specific background, except when the common social background of the
individuals served is a traumatic brain injury or cognitive disability and the program employs
treatment staff who have the necessary professional training, as approved by the
commissioner, to serve clients with the specific disabilities that the program is designed to
serve;

(3) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; and

(4) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined
in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
under the supervision of a licensed alcohol and drug counselor supervisor and licensed
mental health professional, except that no more than 50 percent of the mental health staff
may be students or licensing candidates with time documented to be directly related to
provisions of co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance abuse disorders
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).

(f) Subject to federal approval, chemical dependency services that are otherwise covered
as direct face-to-face services may be provided via two-way interactive video. The use of
two-way interactive video must be medically appropriate to the condition and needs of the
person being served. Reimbursement shall be at the same rates and under the same conditions
that would otherwise apply to direct face-to-face services. The interactive video equipment
and connection must comply with Medicare standards in effect at the time the service is
provided.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 256.01, subdivision 28, is amended to read:


Subd. 28.

Statewide health information exchange.

(a) The commissioner has the
authority to join and participate as a member in a legal entity developing and operating a
statewide health information exchange new text beginor to develop and operate an encounter alerting
service
new text endthat shall meet the following criteria:

(1) the legal entity must meet all constitutional and statutory requirements to allow the
commissioner to participate; and

(2) the commissioner or the commissioner's designated representative must have the
right to participate in the governance of the legal entity under the same terms and conditions
and subject to the same requirements as any other member in the legal entity and in that
role shall act to advance state interests and lessen the burdens of government.

(b) Notwithstanding chapter 16C, the commissioner may pay the state's prorated share
of development-related expenses of the legal entity retroactively from October 29, 2007,
regardless of the date the commissioner joins the legal entity as a member.

Sec. 9.

Minnesota Statutes 2020, section 256.01, is amended by adding a subdivision to
read:


new text begin Subd. 42. new text end

new text begin Expiration of report mandates. new text end

new text begin (a) If the submission of a report by the
commissioner of human services to the legislature is mandated by statute and the enabling
legislation does not include a date for the submission of a final report, the mandate to submit
the report shall expire in accordance with this section.
new text end

new text begin (b) If the mandate requires the submission of an annual report and the mandate was
enacted before January 1, 2021, the mandate shall expire on January 1,2023. If the mandate
requires the submission of a biennial or less frequent report and the mandate was enacted
before January 1, 2021, the mandate shall expire on January 1, 2024.
new text end

new text begin (c) Any reporting mandate enacted on or after January 1, 2021 shall expire three years
after the date of enactment if the mandate requires the submission of an annual report and
shall expire five years after the date of enactment if the mandate requires the submission
of a biennial or less frequent report unless the enacting legislation provides for a different
expiration date.
new text end

new text begin (d) The commissioner shall submit a list to the chairs and ranking minority members of
the legislative committee with jurisdiction over human services by February 15 of each
year, beginning February 15, 2022, of all reports set to expire during the following calendar
year in accordance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 256.042, subdivision 4, is amended to read:


Subd. 4.

Grants.

(a) The commissioner of human services shall submit a report deleted text beginof the
grants proposed by the advisory council to be awarded for the upcoming fiscal year
deleted text end to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance, by March 1 of each year, beginning March
1, 2020new text begin, describing the priorities and specific activities the advisory council intends to
address for the upcoming fiscal year based on the projected funds available for grant
distribution
new text end.

(b) deleted text beginThe commissioner of human services shall award grants from the opiate epidemic
response fund under section 256.043.
deleted text end The grants shall be awarded to proposals selected by
the advisory council that address the priorities in subdivision 1, paragraph (a), clauses (1)
to (4), unless otherwise appropriated by the legislature. new text beginThe advisory council shall determine
grant awards and funding amounts based on the funds appropriated to the commissioner
under section 256.043, subdivision 3, paragraph (e). The commissioner shall award the
grants from the opiate epidemic response fund and administer the grants in compliance with
section 16B.97.
new text endNo more than three percent of the grant amount may be used by a grantee
for administration.

Sec. 11.

Minnesota Statutes 2020, section 256.043, subdivision 4, is amended to read:


Subd. 4.

Settlement; sunset.

(a) If the state receives a total sum of $250,000,000 either
as a result of a settlement agreement or an assurance of discontinuance entered into by the
attorney general of the state, or resulting from a court order in litigation brought by the
attorney general of the state on behalf of the state or a state agency, against one or more
opioid manufacturers or opioid wholesale drug distributors new text beginor consulting firms working for
an opioid manufacturer or opioid wholesale drug distributor
new text endrelated to alleged violations of
consumer fraud laws in the marketing, sale, or distribution of opioids in this state, or other
alleged illegal actions that contributed to the excessive use of opioids, or from the fees
collected under sections 151.065, subdivisions 1 and 3, and 151.066, that are deposited into
the opiate epidemic response fund established in this section, or from a combination of both,
the fees specified in section 151.065, subdivisions 1, clause (16), and 3, clause (14), shall
be reduced to $5,260, and the opiate registration fee in section 151.066, subdivision 3, shall
be repealed.

(b) The commissioner of management and budget shall inform the Board of Pharmacy,
the governor, and the legislature when the amount specified in paragraph (a) has been
reached. The board shall apply the reduced license fee for the next licensure period.

(c) Notwithstanding paragraph (a), the reduction of the license fee in section 151.065,
subdivisions 1
and 3, and the repeal of the registration fee in section 151.066 shall not occur
before July 1, 2024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2020, section 256.969, is amended by adding a subdivision
to read:


new text begin Subd. 2f. new text end

new text begin Alternate inpatient payment rate. new text end

new text begin Effective January 1, 2022, for a hospital
eligible to receive disproportionate share hospital payments under subdivision 9, paragraph
(d), clause (6), the commissioner shall reduce the amount calculated under subdivision 9,
paragraph (d), clause (6), by 99 percent and compute an alternate inpatient payment rate.
The alternate payment rate shall be structured to target a total aggregate reimbursement
amount equal to what the hospital would have received for providing fee-for-service inpatient
services under this section to patients enrolled in medical assistance had the hospital received
the entire amount calculated under subdivision 9, paragraph (d), clause (6).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 13.

Minnesota Statutes 2020, section 256.9695, subdivision 1, is amended to read:


Subdivision 1.

Appeals.

A hospital may appeal a decision arising from the application
of standards or methods under section 256.9685, 256.9686, or 256.969, if an appeal would
result in a change to the hospital's payment rate or payments. Both overpayments and
underpayments that result from the submission of appeals shall be implemented. Regardless
of any appeal outcome, relative values, Medicare wage indexes, Medicare cost-to-charge
ratios, and policy adjusters shall not be changed. The appeal shall be heard by an
administrative law judge according to sections 14.57 to 14.62, or upon agreement by both
parties, according to a modified appeals procedure established by the commissioner and the
Office of Administrative Hearings. In any proceeding under this section, the appealing party
must demonstrate by a preponderance of the evidence that the commissioner's determination
is incorrect or not according to law.

To appeal a payment rate or payment determination or a determination made from base
year information, the hospital shall file a written appeal request to the commissioner within
60 days of the date the preliminary payment rate determination was mailed. The appeal
request shall specify: (i) the disputed items; (ii) the authority in federal or state statute or
rule upon which the hospital relies for each disputed item; and (iii) the name and address
of the person to contact regarding the appeal. Facts to be considered in any appeal of base
year information are limited to those in existence deleted text begin12deleted text endnew text begin 18new text end months after the last day of the
calendar year that is the base year for the payment rates in dispute.

Sec. 14.

Minnesota Statutes 2020, section 256.983, is amended to read:


256.983 FRAUD PREVENTION INVESTIGATIONS.

Subdivision 1.

Programs established.

Within the limits of available appropriations, the
commissioner of human services shall require the maintenance of budget neutral fraud
prevention investigation programs in the counties new text beginor tribal agencies new text endparticipating in the
fraud prevention investigation project established under this section. If funds are sufficient,
the commissioner may also extend fraud prevention investigation programs to other counties
new text begin or tribal agencies new text endprovided the expansion is budget neutral to the state. Under any expansion,
the commissioner has the final authority in decisions regarding the creation and realignment
of individual countynew text begin, tribal agency,new text end or regional operations.

Subd. 2.

County new text beginand tribal agency new text endproposals.

Each participating county new text beginand tribal
new text end agency shall develop and submit an annual staffing and funding proposal to the commissioner
no later than April 30 of each year. Each proposal shall include, but not be limited to, the
staffing and funding of the fraud prevention investigation program, a job description for
investigators involved in the fraud prevention investigation program, and the organizational
structure of the county new text beginor tribal new text endagency unit, training programs for case workers, and the
operational requirements which may be directed by the commissioner. The proposal shall
be approved, to include any changes directed or negotiated by the commissioner, no later
than June 30 of each year.

Subd. 3.

Department responsibilities.

The commissioner shall establish training
programs which shall be attended by all investigative and supervisory staff of the involved
county new text beginand tribal new text endagencies. The commissioner shall also develop the necessary operational
guidelines, forms, and reporting mechanisms, which shall be used by the involved countynew text begin
or tribal
new text end agencies. An individual's application or redetermination form for public assistance
benefits, including child care assistance programs and medical care programs, must include
an authorization for release by the individual to obtain documentation for any information
on that form which is involved in a fraud prevention investigation. The authorization for
release is effective for six months after public assistance benefits have ceased.

Subd. 4.

Funding.

(a) County new text beginand tribal new text endagency reimbursement shall be made through
the settlement provisions applicable to the Supplemental Nutrition Assistance Program
(SNAP), MFIP, child care assistance programs, the medical assistance program, and other
federal and state-funded programs.

(b) The commissioner will maintain program compliance if for any three consecutive
month period, a county new text beginor tribal new text endagency fails to comply with fraud prevention investigation
program guidelines, or fails to meet the cost-effectiveness standards developed by the
commissioner. This result is contingent on the commissioner providing written notice,
including an offer of technical assistance, within 30 days of the end of the third or subsequent
month of noncompliance. The county new text beginor tribal new text endagency shall be required to submit a corrective
action plan to the commissioner within 30 days of receipt of a notice of noncompliance.
Failure to submit a corrective action plan or, continued deviation from standards of more
than ten percent after submission of a corrective action plan, will result in denial of funding
for each subsequent month, or billing the county new text beginor tribal new text endagency for fraud prevention
investigation (FPI) service provided by the commissioner, or reallocation of program grant
funds, or investigative resources, or both, to other countiesnew text begin or tribal agenciesnew text end. The denial of
funding shall apply to the general settlement received by the county new text beginor tribal new text endagency on a
quarterly basis and shall not reduce the grant amount applicable to the FPI project.

Subd. 5.

Child care providers; financial misconduct.

(a) A county or tribal agency
may conduct investigations of financial misconduct by child care providers as described in
chapter 245E. Prior to opening an investigation, a county or tribal agency must contact the
commissioner to determine whether an investigation under this chapter may compromise
an ongoing investigation.

(b) If, upon investigation, a preponderance of evidence shows a provider committed an
intentional program violation, intentionally gave the county or tribe materially false
information on the provider's billing forms, provided false attendance records to a county,
tribe, or the commissioner, or committed financial misconduct as described in section
245E.01, subdivision 8, the county or tribal agency may suspend a provider's payment
pursuant to chapter 245E, or deny or revoke a provider's authorization pursuant to section
119B.13, subdivision 6, paragraph (d), clause (2), prior to pursuing other available remedies.
The countynew text begin or tribenew text end must send notice in accordance with the requirements of section
119B.161, subdivision 2. If a provider's payment is suspended under this section, the payment
suspension shall remain in effect until: (1) the commissioner, county,new text begin tribe,new text end or a law
enforcement authority determines that there is insufficient evidence warranting the action
and a county, tribe, or the commissioner does not pursue an additional administrative remedy
under chapter 119B or 245E, or section 256.046 or 256.98; or (2) all criminal, civil, and
administrative proceedings related to the provider's alleged misconduct conclude and any
appeal rights are exhausted.

(c) For the purposes of this section, an intentional program violation includes intentionally
making false or misleading statements; intentionally misrepresenting, concealing, or
withholding facts; and repeatedly and intentionally violating program regulations under
chapters 119B and 245E.

(d) A provider has the right to administrative review under section 119B.161 if: (1)
payment is suspended under chapter 245E; or (2) the provider's authorization was denied
or revoked under section 119B.13, subdivision 6, paragraph (d), clause (2).

Sec. 15.

Minnesota Statutes 2020, section 256B.055, subdivision 6, is amended to read:


Subd. 6.

Pregnant women; needy unborn child.

Medical assistance may be paid for
a pregnant woman who meets the other eligibility criteria of this section and whose unborn
child would be eligible as a needy child under subdivision 10 if born and living with the
woman. In accordance with Code of Federal Regulations, title 42, section 435.956, the
commissioner must accept self-attestation of pregnancy unless the agency has information
that is not reasonably compatible with such attestation. For purposes of this subdivision, a
woman is considered pregnant for deleted text begin60 daysdeleted text end new text beginsix monthsnew text end postpartum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner shall notify the revisor of statutes when federal
approval has been obtained.
new text end

Sec. 16.

Minnesota Statutes 2020, section 256B.056, subdivision 10, is amended to read:


Subd. 10.

Eligibility verification.

(a) The commissioner shall require women who are
applying for the continuation of medical assistance coverage following the end of the deleted text begin60-daydeleted text endnew text begin
six months
new text end postpartum period to update their income and asset information and to submit
any required income or asset verification.

(b) The commissioner shall determine the eligibility of private-sector health care coverage
for infants less than one year of age eligible under section 256B.055, subdivision 10, or
256B.057, subdivision 1, paragraph (c), and shall pay for private-sector coverage if this is
determined to be cost-effective.

(c) The commissioner shall verify assets and income for all applicants, and for all
recipients upon renewal.

(d) The commissioner shall utilize information obtained through the electronic service
established by the secretary of the United States Department of Health and Human Services
and other available electronic data sources in Code of Federal Regulations, title 42, sections
435.940 to 435.956, to verify eligibility requirements. The commissioner shall establish
standards to define when information obtained electronically is reasonably compatible with
information provided by applicants and enrollees, including use of self-attestation, to
accomplish real-time eligibility determinations and maintain program integrity.

(e) Each person applying for or receiving medical assistance under section 256B.055,
subdivision 7, and any other person whose resources are required by law to be disclosed to
determine the applicant's or recipient's eligibility must authorize the commissioner to obtain
information from financial institutions to identify unreported accounts as required in section
256.01, subdivision 18f. If a person refuses or revokes the authorization, the commissioner
may determine that the applicant or recipient is ineligible for medical assistance. For purposes
of this paragraph, an authorization to identify unreported accounts meets the requirements
of the Right to Financial Privacy Act, United States Code, title 12, chapter 35, and need not
be furnished to the financial institution.

(f) County and tribal agencies shall comply with the standards established by the
commissioner for appropriate use of the asset verification system specified in section 256.01,
subdivision 18f.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner shall notify the revisor of statutes when federal
approval has been obtained.
new text end

Sec. 17.

Minnesota Statutes 2020, section 256B.057, subdivision 3, is amended to read:


Subd. 3.

Qualified Medicare beneficiaries.

new text begin(a) new text endA person deleted text beginwho is entitled to Part A
Medicare benefits, whose income is equal to or less than 100 percent of the federal poverty
guidelines, and whose assets are no more than $10,000 for a single individual and $18,000
for a married couple or family of two or more,
deleted text end is eligible for medical assistance
reimbursement of new text beginMedicare new text endPart A and Part B premiums, Part A and Part B coinsurance
and deductibles, and cost-effective premiums for enrollment with a health maintenance
organization or a competitive medical plan under section 1876 of the Social Security Actdeleted text begin.deleted text endnew text begin
if:
new text end

new text begin (1) the person is entitled to Medicare Part A benefits;
new text end

new text begin (2) the person's income is equal to or less than 100 percent of the federal poverty
guidelines; and
new text end

new text begin (3) the person's assets are no more than (i) $10,000 for a single individual, or (ii) $18,000
for a married couple or family of two or more; or, when the resource limits for eligibility
for the Medicare Part D extra help low income subsidy (LIS) exceed either amount in item
(i) or (ii), the person's assets are no more than the LIS resource limit in United States Code,
title 42, section 1396d, subsection (p).
new text end

new text begin (b)new text end Reimbursement of the Medicare coinsurance and deductibles, when added to the
amount paid by Medicare, must not exceed the total rate the provider would have received
for the same service or services if the person were a medical assistance recipient with
Medicare coverage. Increases in benefits under Title II of the Social Security Act shall not
be counted as income for purposes of this subdivision until July 1 of each year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2020, section 256B.06, subdivision 4, is amended to read:


Subd. 4.

Citizenship requirements.

(a) Eligibility for medical assistance is limited to
citizens of the United States, qualified noncitizens as defined in this subdivision, and other
persons residing lawfully in the United States. Citizens or nationals of the United States
must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality
according to the requirements of the federal Deficit Reduction Act of 2005, Public Law
109-171.

(b) "Qualified noncitizen" means a person who meets one of the following immigration
criteria:

(1) admitted for lawful permanent residence according to United States Code, title 8;

(2) admitted to the United States as a refugee according to United States Code, title 8,
section 1157;

(3) granted asylum according to United States Code, title 8, section 1158;

(4) granted withholding of deportation according to United States Code, title 8, section
1253(h);

(5) paroled for a period of at least one year according to United States Code, title 8,
section 1182(d)(5);

(6) granted conditional entrant status according to United States Code, title 8, section
1153(a)(7);

(7) determined to be a battered noncitizen by the United States Attorney General
according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;

(8) is a child of a noncitizen determined to be a battered noncitizen by the United States
Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
or

(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public
Law 96-422, the Refugee Education Assistance Act of 1980.

(c) All qualified noncitizens who were residing in the United States before August 22,
1996, who otherwise meet the eligibility requirements of this chapter, are eligible for medical
assistance with federal financial participation.

(d) Beginning December 1, 1996, qualified noncitizens who entered the United States
on or after August 22, 1996, and who otherwise meet the eligibility requirements of this
chapter are eligible for medical assistance with federal participation for five years if they
meet one of the following criteria:

(1) refugees admitted to the United States according to United States Code, title 8, section
1157;

(2) persons granted asylum according to United States Code, title 8, section 1158;

(3) persons granted withholding of deportation according to United States Code, title 8,
section 1253(h);

(4) veterans of the United States armed forces with an honorable discharge for a reason
other than noncitizen status, their spouses and unmarried minor dependent children; or

(5) persons on active duty in the United States armed forces, other than for training,
their spouses and unmarried minor dependent children.

Beginning July 1, 2010, children and pregnant women who are noncitizens described
in paragraph (b) or who are lawfully present in the United States as defined in Code of
Federal Regulations, title 8, section 103.12, and who otherwise meet eligibility requirements
of this chapter, are eligible for medical assistance with federal financial participation as
provided by the federal Children's Health Insurance Program Reauthorization Act of 2009,
Public Law 111-3.

(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter are
eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this subdivision,
a "nonimmigrant" is a person in one of the classes listed in United States Code, title 8,
section 1101(a)(15).

(f) Payment shall also be made for care and services that are furnished to noncitizens,
regardless of immigration status, who otherwise meet the eligibility requirements of this
chapter, if such care and services are necessary for the treatment of an emergency medical
condition.

(g) For purposes of this subdivision, the term "emergency medical condition" means a
medical condition that meets the requirements of United States Code, title 42, section
1396b(v).

(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment of
an emergency medical condition are limited to the following:

(i) services delivered in an emergency room or by an ambulance service licensed under
chapter 144E that are directly related to the treatment of an emergency medical condition;

(ii) services delivered in an inpatient hospital setting following admission from an
emergency room or clinic for an acute emergency condition; and

(iii) follow-up services that are directly related to the original service provided to treat
the emergency medical condition and are covered by the global payment made to the
provider.

(2) Services for the treatment of emergency medical conditions do not include:

(i) services delivered in an emergency room or inpatient setting to treat a nonemergency
condition;

(ii) organ transplants, stem cell transplants, and related care;

(iii) services for routine prenatal care;

(iv) continuing care, including long-term care, nursing facility services, home health
care, adult day care, day training, or supportive living services;

(v) elective surgery;

(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as part
of an emergency room visit;

(vii) preventative health care and family planning services;

(viii) rehabilitation services;

(ix) physical, occupational, or speech therapy;

(x) transportation services;

(xi) case management;

(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;

(xiii) dental services;

(xiv) hospice care;

(xv) audiology services and hearing aids;

(xvi) podiatry services;

(xvii) chiropractic services;

(xviii) immunizations;

(xix) vision services and eyeglasses;

(xx) waiver services;

(xxi) individualized education programs; or

(xxii) chemical dependency treatment.

(i) Pregnant noncitizens who are ineligible for federally funded medical assistance
because of immigration status, are not covered by a group health plan or health insurance
coverage according to Code of Federal Regulations, title 42, section 457.310, and who
otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance
through the period of pregnancy, including labor and delivery, and deleted text begin60 daysdeleted text end new text beginsix monthsnew text end
postpartumdeleted text begin, to the extent federal funds are available under title XXI of the Social Security
Act, and the state children's health insurance program
deleted text end.

(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation services
from a nonprofit center established to serve victims of torture and are otherwise ineligible
for medical assistance under this chapter are eligible for medical assistance without federal
financial participation. These individuals are eligible only for the period during which they
are receiving services from the center. Individuals eligible under this paragraph shall not
be required to participate in prepaid medical assistance. The nonprofit center referenced
under this paragraph may establish itself as a provider of mental health targeted case
management services through a county contract under section 256.0112, subdivision 6. If
the nonprofit center is unable to secure a contract with a lead county in its service area, then,
notwithstanding the requirements of section 256B.0625, subdivision 20, the commissioner
may negotiate a contract with the nonprofit center for provision of mental health targeted
case management services. When serving clients who are not the financial responsibility
of their contracted lead county, the nonprofit center must gain the concurrence of the county
of financial responsibility prior to providing mental health targeted case management services
for those clients.

(k) Notwithstanding paragraph (h), clause (2), the following services are covered as
emergency medical conditions under paragraph (f) except where coverage is prohibited
under federal law for services under clauses (1) and (2):

(1) dialysis services provided in a hospital or freestanding dialysis facility;

(2) surgery and the administration of chemotherapy, radiation, and related services
necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission and
requires surgery, chemotherapy, or radiation treatment; and

(3) kidney transplant if the person has been diagnosed with end stage renal disease, is
currently receiving dialysis services, and is a potential candidate for a kidney transplant.

(l) Effective July 1, 2013, recipients of emergency medical assistance under this
subdivision are eligible for coverage of the elderly waiver services provided under chapter
256S, and coverage of rehabilitative services provided in a nursing facility. The age limit
for elderly waiver services does not apply. In order to qualify for coverage, a recipient of
emergency medical assistance is subject to the assessment and reassessment requirements
of section 256B.0911. Initial and continued enrollment under this paragraph is subject to
the limits of available funding.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner shall notify the revisor of statutes when federal
approval has been obtained.
new text end

Sec. 19.

Minnesota Statutes 2020, section 256B.0625, subdivision 3c, is amended to read:


Subd. 3c.

Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end.

(a) The commissioner,
after receiving recommendations from professional physician associations, professional
associations representing licensed nonphysician health care professionals, and consumer
groups, shall establish a deleted text begin13-memberdeleted text endnew text begin 14-membernew text end Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory
Council
new text end, which consists of deleted text begin12deleted text endnew text begin 13new text end voting members and one nonvoting member. The Health
Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end shall advise the commissioner regardingnew text begin (1)new text end
health services pertaining to the administration of health care benefits covered under deleted text beginthe
medical assistance and MinnesotaCare programs
deleted text endnew text begin Minnesota health care programs (MHCP);
and (2) evidence-based decision-making and health care benefit and coverage policies for
MHCP. The Health Services Advisory Council shall consider available evidence regarding
quality, safety, and cost-effectiveness when advising the commissioner
new text end. The Health Services
deleted text begin Policy Committeedeleted text endnew text begin Advisory Councilnew text end shall meet at least quarterly. The Health Services deleted text beginPolicy
Committee
deleted text endnew text begin Advisory Councilnew text end shall annually deleted text beginelectdeleted text endnew text begin selectnew text end a deleted text beginphysiciandeleted text end chair from among its
membersdeleted text begin,deleted text end who shall work directly with the commissioner's medical directordeleted text begin,deleted text end to establish
the agenda for each meeting. The Health Services deleted text beginPolicy Committee shall alsodeleted text endnew text begin Advisory
Council may
new text end recommend criteria for verifying centers of excellence for specific aspects of
medical care where a specific set of combined services, a volume of patients necessary to
maintain a high level of competency, or a specific level of technical capacity is associated
with improved health outcomes.

(b) The commissioner shall establish a dental deleted text beginsubcommitteedeleted text endnew text begin subcouncilnew text end to operate under
the Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end. The dental deleted text beginsubcommitteedeleted text endnew text begin
subcouncil
new text end consists of general dentists, dental specialists, safety net providers, dental
hygienists, health plan company and county and public health representatives, health
researchers, consumers, and a designee of the commissioner of health. The dental
deleted text begin subcommitteedeleted text endnew text begin subcouncilnew text end shall advise the commissioner regarding:

(1) the critical access dental program under section 256B.76, subdivision 4, including
but not limited to criteria for designating and terminating critical access dental providers;

(2) any changes to the critical access dental provider program necessary to comply with
program expenditure limits;

(3) dental coverage policy based on evidence, quality, continuity of care, and best
practices;

(4) the development of dental delivery models; and

(5) dental services to be added or eliminated from subdivision 9, paragraph (b).

deleted text begin (c) The Health Services Policy Committee shall study approaches to making provider
reimbursement under the medical assistance and MinnesotaCare programs contingent on
patient participation in a patient-centered decision-making process, and shall evaluate the
impact of these approaches on health care quality, patient satisfaction, and health care costs.
The committee shall present findings and recommendations to the commissioner and the
legislative committees with jurisdiction over health care by January 15, 2010.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The Health Services deleted text beginPolicy Committee shalldeleted text endnew text begin Advisory Council maynew text end monitor and
track the practice patterns of deleted text beginphysicians providing services to medical assistance and
MinnesotaCare enrollees
deleted text endnew text begin health care providers who serve MHCP recipientsnew text end under
fee-for-service, managed care, and county-based purchasing. The deleted text begincommitteedeleted text endnew text begin monitoring
and tracking
new text end shall focus on services or specialties for which there is a high variation in
utilization new text beginor quality new text endacross deleted text beginphysiciansdeleted text endnew text begin providersnew text end, or which are associated with high medical
costs. The commissioner, based upon the findings of the deleted text begincommitteedeleted text endnew text begin Health Services Advisory
Council
new text end, deleted text beginshall regularlydeleted text endnew text begin maynew text end notify deleted text beginphysiciansdeleted text endnew text begin providersnew text end whose practice patterns indicate
new text begin below average quality or new text endhigher than average utilization or costs. Managed care and
county-based purchasing plans shall provide the commissioner with utilization and cost
data necessary to implement this paragraph, and the commissioner shall make deleted text beginthisdeleted text endnew text begin thesenew text end
data available to the deleted text begincommitteedeleted text endnew text begin Health Services Advisory Councilnew text end.

deleted text begin (e) The Health Services Policy Committee shall review caesarean section rates for the
fee-for-service medical assistance population. The committee may develop best practices
policies related to the minimization of caesarean sections, including but not limited to
standards and guidelines for health care providers and health care facilities.
deleted text end

Sec. 20.

Minnesota Statutes 2020, section 256B.0625, subdivision 3d, is amended to read:


Subd. 3d.

Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end members.

(a) The
Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end consists of:

(1) deleted text beginsevendeleted text endnew text begin sixnew text end voting members who are licensed physicians actively engaged in the practice
of medicine in Minnesota, deleted text beginone of whom must be actively engaged in the treatment of persons
with mental illness, and
deleted text end three of whom must represent health plans currently under contract
to serve deleted text beginmedical assistancedeleted text endnew text begin MHCPnew text end recipients;

(2) two voting members who are new text beginlicensed new text endphysician specialists actively practicing their
specialty in Minnesota;

(3) two voting members who are nonphysician health care professionals licensed or
registered in their profession and actively engaged in their practice of their profession in
Minnesota;

new text begin (4) one voting member who is a health care or mental health professional licensed or
registered in the member's profession, actively engaged in the practice of the member's
profession in Minnesota, and actively engaged in the treatment of persons with mental
illness;
new text end

deleted text begin (4) one consumerdeleted text endnew text begin (5) two consumersnew text end who shall serve as deleted text beginadeleted text end voting deleted text beginmemberdeleted text endnew text begin membersnew text end; and

deleted text begin (5)deleted text endnew text begin (6)new text end the commissioner's medical director who shall serve as a nonvoting member.

(b) Members of the Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end shall not be
employed by the deleted text beginDepartment of Human Servicesdeleted text endnew text begin state of Minnesotanew text end, except for the medical
director.new text begin A quorum shall comprise a simple majority of the voting members. Vacant seats
shall not count toward a quorum.
new text end

Sec. 21.

Minnesota Statutes 2020, section 256B.0625, subdivision 3e, is amended to read:


Subd. 3e.

Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory Councilnew text end terms and
compensation.

deleted text beginCommitteedeleted text end Members shall serve staggered three-year terms, with one-third
of the voting members' terms expiring annually. Members may be reappointed by the
commissioner. The commissioner may require more frequent Health Services deleted text beginPolicy
Committee
deleted text endnew text begin Advisory Councilnew text end meetings as needed. An honorarium of $200 per meeting and
reimbursement for mileage and parking shall be paid to each deleted text begincommitteedeleted text endnew text begin councilnew text end member
in attendance except the medical director. The Health Services deleted text beginPolicy Committeedeleted text endnew text begin Advisory
Council
new text end does not expire as provided in section 15.059, subdivision 6.

Sec. 22.

Minnesota Statutes 2020, section 256B.0625, subdivision 9, is amended to read:


Subd. 9.

Dental services.

(a) Medical assistance covers dental services.

(b) Medical assistance dental coverage for nonpregnant adults is limited to the following
services:

(1) comprehensive exams, limited to once every five years;

(2) periodic exams, limited to one per year;

(3) limited exams;

(4) bitewing x-rays, limited to one per year;

(5) periapical x-rays;

(6) panoramic x-rays, limited to one every five years except (1) when medically necessary
for the diagnosis and follow-up of oral and maxillofacial pathology and trauma or (2) once
every two years for patients who cannot cooperate for intraoral film due to a developmental
disability or medical condition that does not allow for intraoral film placement;

(7) prophylaxis, limited to one per year;

(8) application of fluoride varnish, limited to one per year;

(9) posterior fillings, all at the amalgam rate;

(10) anterior fillings;

(11) endodontics, limited to root canals on the anterior and premolars only;

(12) removable prostheses, each dental arch limited to one every six years;

(13) oral surgery, limited to extractions, biopsies, and incision and drainage of abscesses;

(14) palliative treatment and sedative fillings for relief of pain; deleted text beginand
deleted text end

(15) full-mouth debridement, limited to one every five yearsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (16) nonsurgical treatment for periodontal disease, including scaling and root planing
once every two years for each quadrant, and routine periodontal maintenance procedures.
new text end

(c) In addition to the services specified in paragraph (b), medical assistance covers the
following services for adults, if provided in an outpatient hospital setting or freestanding
ambulatory surgical center as part of outpatient dental surgery:

(1) periodontics, limited to periodontal scaling and root planing once every two years;

(2) general anesthesia; and

(3) full-mouth survey once every five years.

(d) Medical assistance covers medically necessary dental services for children and
pregnant women. The following guidelines apply:

(1) posterior fillings are paid at the amalgam rate;

(2) application of sealants are covered once every five years per permanent molar for
children only;

(3) application of fluoride varnish is covered once every six months; and

(4) orthodontia is eligible for coverage for children only.

(e) In addition to the services specified in paragraphs (b) and (c), medical assistance
covers the following services for adults:

(1) house calls or extended care facility calls for on-site delivery of covered services;

(2) behavioral management when additional staff time is required to accommodate
behavioral challenges and sedation is not used;

(3) oral or IV sedation, if the covered dental service cannot be performed safely without
it or would otherwise require the service to be performed under general anesthesia in a
hospital or surgical center; and

(4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
no more than four times per year.

(f) The commissioner shall not require prior authorization for the services included in
paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based purchasing
plans from requiring prior authorization for the services included in paragraph (e), clauses
(1) to (3), when provided under sections 256B.69, 256B.692, and 256L.12.

Sec. 23.

Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 9c. new text end

new text begin Uniform prior authorization for dental services. new text end

new text begin (a) For purposes of this
subdivision, "dental benefits administrator" means an organization licensed under chapter
62C or 62D that contracts with a managed care plan or county-based purchasing plan to
provide covered dental care services to enrollees of the plan.
new text end

new text begin (b) By January 1, 2022, the commissioner, in consultation with interested stakeholders,
shall develop uniform prior authorization criteria for all dental services requiring prior
authorization. The commissioner shall publish a list of the dental services requiring prior
authorization and the process for obtaining prior authorization on the department's website.
Dental services on the list and the process for obtaining prior authorization approval must
be consistent. The commissioner shall require that dental providers, managed care plans,
county-based purchasing plans, and dental benefit administrators use the dental services on
the list regardless of whether the services are provided through a fee-for-service system or
through a prepaid medical assistance program.
new text end

new text begin (c) Managed care plans and county-based purchasing plans may require prior
authorization for additional dental services not on the list described in paragraph (b) if a
uniform process for obtaining prior approvals is applied, including a process for
reconsideration when a prior approval request is denied that can be utilized by both the
patient and the patient's dental provider.
new text end

Sec. 24.

Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 9d. new text end

new text begin Uniform credentialing process. new text end

new text begin (a) For purposes of this subdivision, "dental
benefits administrator" has the meaning given in subdivision 9c.
new text end

new text begin (b) By January 1, 2022, the commissioner, in consultation with interested stakeholders,
shall develop a uniform credentialing process for dental providers. Upon federal approval,
the credentialing process must be accepted by all managed care plans, county-based
purchasing plans, and dental benefits administrators that contract with the commissioner or
subcontract with plans to provide dental services to medical assistance or MinnesotaCare
enrollees.
new text end

new text begin (c) The process developed in this subdivision must include a uniform credentialing
application that must be available in electronic format and accessible on the department's
website. The process developed under this subdivision must include an option to submit a
completed application electronically. The uniform credentialing application must be available
to providers for free.
new text end

new text begin (d) If applicable, a managed care plan, county-based purchasing plan, dental benefits
administrator, contractor, or vendor that reviews and approves a credentialing application
must notify a provider regarding a deficiency on a submitted credentialing application form
no later than 30 business days after receiving the application form from the provider.
new text end

Sec. 25.

Minnesota Statutes 2020, section 256B.0625, subdivision 13, is amended to read:


Subd. 13.

Drugs.

(a) Medical assistance covers drugs, except for fertility drugs when
specifically used to enhance fertility, if prescribed by a licensed practitioner and dispensed
by a licensed pharmacist, by a physician enrolled in the medical assistance program as a
dispensing physician, or by a physician, a physician assistant, or an advanced practice
registered nurse employed by or under contract with a community health board as defined
in section 145A.02, subdivision 5, for the purposes of communicable disease control.

(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply,
unless authorized by the commissionerdeleted text begin.deleted text endnew text begin or the drug appears on the 90-day supply list
published by the commissioner. The 90-day supply list shall be published by the
commissioner on the department's website. The commissioner may add to, delete from, and
otherwise modify the 90-day supply list after providing public notice and the opportunity
for a 15-day public comment period. The 90-day supply list may include cost-effective
generic drugs and shall not include controlled substances.
new text end

(c) For the purpose of this subdivision and subdivision 13d, an "active pharmaceutical
ingredient" is defined as a substance that is represented for use in a drug and when used in
the manufacturing, processing, or packaging of a drug becomes an active ingredient of the
drug product. An "excipient" is defined as an inert substance used as a diluent or vehicle
for a drug. The commissioner shall establish a list of active pharmaceutical ingredients and
excipients which are included in the medical assistance formulary. Medical assistance covers
selected active pharmaceutical ingredients and excipients used in compounded prescriptions
when the compounded combination is specifically approved by the commissioner or when
a commercially available product:

(1) is not a therapeutic option for the patient;

(2) does not exist in the same combination of active ingredients in the same strengths
as the compounded prescription; and

(3) cannot be used in place of the active pharmaceutical ingredient in the compounded
prescription.

(d) Medical assistance covers the following over-the-counter drugs when prescribed by
a licensed practitioner or by a licensed pharmacist who meets standards established by the
commissioner, in consultation with the board of pharmacy: antacids, acetaminophen, family
planning products, aspirin, insulin, products for the treatment of lice, vitamins for adults
with documented vitamin deficiencies, vitamins for children under the age of seven and
pregnant or nursing women, and any other over-the-counter drug identified by the
commissioner, in consultation with the Formulary Committee, as necessary, appropriate,
and cost-effective for the treatment of certain specified chronic diseases, conditions, or
disorders, and this determination shall not be subject to the requirements of chapter 14. A
pharmacist may prescribe over-the-counter medications as provided under this paragraph
for purposes of receiving reimbursement under Medicaid. When prescribing over-the-counter
drugs under this paragraph, licensed pharmacists must consult with the recipient to determine
necessity, provide drug counseling, review drug therapy for potential adverse interactions,
and make referrals as needed to other health care professionals.

(e) Effective January 1, 2006, medical assistance shall not cover drugs that are coverable
under Medicare Part D as defined in the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), for individuals eligible
for drug coverage as defined in the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, Public Law 108-173, section 1860D-1(a)(3)(A). For these
individuals, medical assistance may cover drugs from the drug classes listed in United States
Code, title 42, section 1396r-8(d)(2), subject to this subdivision and subdivisions 13a to
13g, except that drugs listed in United States Code, title 42, section 1396r-8(d)(2)(E), shall
not be covered.

(f) Medical assistance covers drugs acquired through the federal 340B Drug Pricing
Program and dispensed by 340B covered entities and ambulatory pharmacies under common
ownership of the 340B covered entity. Medical assistance does not cover drugs acquired
through the federal 340B Drug Pricing Program and dispensed by 340B contract pharmacies.

(g) Notwithstanding paragraph (a), medical assistance covers self-administered hormonal
contraceptives prescribed and dispensed by a licensed pharmacist in accordance with section
151.37, subdivision 14; nicotine replacement medications prescribed and dispensed by a
licensed pharmacist in accordance with section 151.37, subdivision 15; and opiate antagonists
used for the treatment of an acute opiate overdose prescribed and dispensed by a licensed
pharmacist in accordance with section 151.37, subdivision 16.

Sec. 26.

Minnesota Statutes 2020, section 256B.0625, subdivision 13c, is amended to
read:


Subd. 13c.

Formulary Committee.

The commissioner, after receiving recommendations
from professional medical associations and professional pharmacy associations, and consumer
groups shall designate a Formulary Committee to carry out duties as described in subdivisions
13 to 13g. The Formulary Committee shall be comprised of four licensed physicians actively
engaged in the practice of medicine in Minnesotanew text begin,new text end one of whom must be actively engaged
in the treatment of persons with mental illness; at least three licensed pharmacists actively
engaged in the practice of pharmacy in Minnesota; and one consumer representative; the
remainder to be made up of health care professionals who are licensed in their field and
have recognized knowledge in the clinically appropriate prescribing, dispensing, and
monitoring of covered outpatient drugs. Members of the Formulary Committee shall not
be employed by the Department of Human Services, but the committee shall be staffed by
an employee of the department who shall serve as an ex officio, nonvoting member of the
committee. The department's medical director shall also serve as an ex officio, nonvoting
member for the committee. Committee members shall serve three-year terms and may be
reappointed by the commissioner. The Formulary Committee shall meet at least twice per
year. The commissioner may require more frequent Formulary Committee meetings as
needed. An honorarium of $100 per meeting and reimbursement for mileage shall be paid
to each committee member in attendance. The Formulary Committee deleted text beginexpires June 30, 2022deleted text end
new text begin does not expire as provided in section 15.059, subdivision 6new text end.

Sec. 27.

Minnesota Statutes 2020, section 256B.0625, subdivision 13e, is amended to
read:


Subd. 13e.

Payment rates.

(a) The basis for determining the amount of payment shall
be the lower of the ingredient costs of the drugs plus the professional dispensing fee; or the
usual and customary price charged to the public. The usual and customary price means the
lowest price charged by the provider to a patient who pays for the prescription by cash,
check, or charge account and includes prices the pharmacy charges to a patient enrolled in
a prescription savings club or prescription discount club administered by the pharmacy or
pharmacy chain. The amount of payment basis must be reduced to reflect all discount
amounts applied to the charge by any third-party provider/insurer agreement or contract for
submitted charges to medical assistance programs. The net submitted charge may not be
greater than the patient liability for the service. The professional dispensing fee shall be
deleted text begin $10.48deleted text endnew text begin $10.77new text end for prescriptions filled with legend drugs meeting the definition of "covered
outpatient drugs" according to United States Code, title 42, section 1396r-8(k)(2). The
dispensing fee for intravenous solutions that must be compounded by the pharmacist shall
be deleted text begin$10.48deleted text endnew text begin $10.77new text end per deleted text beginbagdeleted text endnew text begin claimnew text end. The professional dispensing fee for prescriptions filled
with over-the-counter drugs meeting the definition of covered outpatient drugs shall be
deleted text begin $10.48deleted text endnew text begin $10.77new text end for dispensed quantities equal to or greater than the number of units contained
in the manufacturer's original package. The professional dispensing fee shall be prorated
based on the percentage of the package dispensed when the pharmacy dispenses a quantity
less than the number of units contained in the manufacturer's original package. The pharmacy
dispensing fee for prescribed over-the-counter drugs not meeting the definition of covered
outpatient drugs shall be $3.65 for quantities equal to or greater than the number of units
contained in the manufacturer's original package and shall be prorated based on the
percentage of the package dispensed when the pharmacy dispenses a quantity less than the
number of units contained in the manufacturer's original package. The National Average
Drug Acquisition Cost (NADAC) shall be used to determine the ingredient cost of a drug.
For drugs for which a NADAC is not reported, the commissioner shall estimate the ingredient
cost at the wholesale acquisition cost minus two percent. The ingredient cost of a drug for
a provider participating in the federal 340B Drug Pricing Program shall be either the 340B
Drug Pricing Program ceiling price established by the Health Resources and Services
Administration or NADAC, whichever is lower. Wholesale acquisition cost is defined as
the manufacturer's list price for a drug or biological to wholesalers or direct purchasers in
the United States, not including prompt pay or other discounts, rebates, or reductions in
price, for the most recent month for which information is available, as reported in wholesale
price guides or other publications of drug or biological pricing data. The maximum allowable
cost of a multisource drug may be set by the commissioner and it shall be comparable to
the actual acquisition cost of the drug product and no higher than the NADAC of the generic
product. Establishment of the amount of payment for drugs shall not be subject to the
requirements of the Administrative Procedure Act.

(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using
an automated drug distribution system meeting the requirements of section 151.58, or a
packaging system meeting the packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ
retrospective billing for prescription drugs dispensed to long-term care facility residents. A
retrospectively billing pharmacy must submit a claim only for the quantity of medication
used by the enrolled recipient during the defined billing period. A retrospectively billing
pharmacy must use a billing period not less than one calendar month or 30 days.

(c) A pharmacy provider using packaging that meets the standards set forth in Minnesota
Rules, part 6800.2700, is required to credit the department for the actual acquisition cost
of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective
billing. The commissioner may permit the drug clozapine to be dispensed in a quantity that
is less than a 30-day supply.

(d) If a pharmacy dispenses a multisource drug, the ingredient cost shall be the NADAC
of the generic product or the maximum allowable cost established by the commissioner
unless prior authorization for the brand name product has been granted according to the
criteria established by the Drug Formulary Committee as required by subdivision 13f,
paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in
a manner consistent with section 151.21, subdivision 2.

(e) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider, 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost
set by the commissioner. If average sales price is unavailable, the amount of payment must
be lower of the usual and customary cost submitted by the provider, the wholesale acquisition
cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.
The commissioner shall discount the payment rate for drugs obtained through the federal
340B Drug Pricing Program by 28.6 percent. The payment for drugs administered in an
outpatient setting shall be made to the administering facility or practitioner. A retail or
specialty pharmacy dispensing a drug for administration in an outpatient setting is not
eligible for direct reimbursement.

(f) The commissioner may establish maximum allowable cost rates for specialty pharmacy
products that are lower than the ingredient cost formulas specified in paragraph (a). The
commissioner may require individuals enrolled in the health care programs administered
by the department to obtain specialty pharmacy products from providers with whom the
commissioner has negotiated lower reimbursement rates. Specialty pharmacy products are
defined as those used by a small number of recipients or recipients with complex and chronic
diseases that require expensive and challenging drug regimens. Examples of these conditions
include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C,
growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of
cancer. Specialty pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that
require complex care. The commissioner shall consult with the Formulary Committee to
develop a list of specialty pharmacy products subject to maximum allowable cost
reimbursement. In consulting with the Formulary Committee in developing this list, the
commissioner shall take into consideration the population served by specialty pharmacy
products, the current delivery system and standard of care in the state, and access to care
issues. The commissioner shall have the discretion to adjust the maximum allowable cost
to prevent access to care issues.

(g) Home infusion therapy services provided by home infusion therapy pharmacies must
be paid at rates according to subdivision 8d.

(h) The commissioner shall contract with a vendor to conduct a cost of dispensing survey
for all pharmacies that are physically located in the state of Minnesota that dispense outpatient
drugs under medical assistance. The commissioner shall ensure that the vendor has prior
experience in conducting cost of dispensing surveys. Each pharmacy enrolled with the
department to dispense outpatient prescription drugs to fee-for-service members must
respond to the cost of dispensing survey. The commissioner may sanction a pharmacy under
section 256B.064 for failure to respond. The commissioner shall require the vendor to
measure a single statewide cost of dispensing for new text beginspecialty prescription drugs and a single
statewide cost of dispensing for nonspecialty prescription drugs for
new text endall responding pharmacies
to measure the mean, mean weighted by total prescription volume, mean weighted by
medical assistance prescription volume, median, median weighted by total prescription
volume, and median weighted by total medical assistance prescription volume. The
commissioner shall post a copy of the final cost of dispensing survey report on the
department's website. The initial survey must be completed no later than January 1, 2021,
and repeated every three years. The commissioner shall provide a summary of the results
of each cost of dispensing survey and provide recommendations for any changes to the
dispensing fee to the chairs and ranking members of the legislative committees with
jurisdiction over medical assistance pharmacy reimbursement.

(i) The commissioner shall increase the ingredient cost reimbursement calculated in
paragraphs (a) and (f) by 1.8 percent for prescription and nonprescription drugs subject to
the wholesale drug distributor tax under section 295.52.

Sec. 28.

Minnesota Statutes 2020, section 256B.0625, subdivision 13g, is amended to
read:


Subd. 13g.

Preferred drug list.

(a) The commissioner shall adopt and implement a
preferred drug list by January 1, 2004. The commissioner may enter into a contract with a
vendor for the purpose of participating in a preferred drug list and supplemental rebate
program. The commissioner shall ensure that any contract meets all federal requirements
and maximizes federal financial participation. The commissioner shall publish the preferred
drug list annually in the State Register and shall maintain an accurate and up-to-date list on
the agency website.

(b) The commissioner may add to, delete from, and otherwise modify the preferred drug
list, after consulting with the Formulary Committee and appropriate medical specialists and
providing public notice and the opportunity for public comment.

(c) The commissioner shall adopt and administer the preferred drug list as part of the
administration of the supplemental drug rebate program. Reimbursement for prescription
drugs not on the preferred drug list may be subject to prior authorization.

(d) For purposes of this subdivision, "preferred drug list" means a list of prescription
drugs within designated therapeutic classes selected by the commissioner, for which prior
authorization based on the identity of the drug or class is not required.

(e) The commissioner shall seek any federal waivers or approvals necessary to implement
this subdivision.

new text begin (f) Notwithstanding paragraph (b), before the commissioner may delete a drug from the
preferred drug list or modify the inclusion of a drug on the preferred drug list, the
commissioner, in consultation with the commissioner of health, shall consider any
implications the deletion or modification may have on state public health policies or
initiatives and any impact the deletion or modification may have on increasing health
disparities in the state. Prior to deleting a drug or modifying the inclusion of a drug, the
commissioner shall also conduct a public hearing. The commissioner shall provide adequate
notice to the public prior to the hearing that specifies the drug the commissioner is proposing
to delete or modify, any medical or clinical analysis that the commissioner has relied on in
proposing the deletion or modification, and evidence that the commissioner has consulted
with the commissioner of health and has evaluated the impact of the proposed deletion or
modification on public health and health disparities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29.

Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 13k. new text end

new text begin Eligible providers. new text end

new text begin (a) To be eligible to dispense prescription drugs under
this section as an enrolled dispensing provider, the dispensing provider must be a:
new text end

new text begin (1) pharmacy located within the state that is licensed by the Board of Pharmacy under
chapter 151;
new text end

new text begin (2) physician located in a service area where there is no medical assistance enrolled
pharmacy; or
new text end

new text begin (3) physician or advanced practice registered nurse employed by or under contract with
a community health board for communicable disease control.
new text end

new text begin (b) A licensed out-of-state pharmacy may be enrolled as a dispensing provider under
paragraph (a) if the pharmacy is:
new text end

new text begin (1) a retail pharmacy located within 50 miles of the Minnesota border that serves walk-in
medical assistance enrollees and whose walk-in customers represent at least 75 percent of
the pharmacy's prescription volume;
new text end

new text begin (2) a retail pharmacy serving foster children enrolled in medical assistance and living
outside of Minnesota;
new text end

new text begin (3) serving enrollees receiving preapproved organ transplants who require medication
during after-care while residing outside of Minnesota; or
new text end

new text begin (4) providing products with limited or exclusive distribution channels for which there
is no potential dispensing provider located within the state.
new text end

new text begin (c) A dispensing provider must attest that they meet the requirements in paragraphs (a)
and (b) before enrolling as a dispensing provider in the medical assistance program. If a
provider is found to be out of compliance with the requirements in paragraphs (a) and (b),
any funds paid to that provider during the time they were out of compliance shall be recovered
under section 256B.064.
new text end

Sec. 30.

Minnesota Statutes 2020, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 67. new text end

new text begin Pretreatment coordination services. new text end

new text begin Effective January 1, 2022, or upon
federal approval, whichever is later, medical assistance covers pretreatment coordination
services provided according to section 254B.05, subdivision 4a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021. The commissioner of human
services shall notify the revisor of statutes when federal approval is obtained or denied.
new text end

Sec. 31.

Minnesota Statutes 2020, section 256B.0631, subdivision 1, is amended to read:


Subdivision 1.

Cost-sharing.

(a) Except as provided in subdivision 2, the medical
assistance benefit plan shall include the following cost-sharing for all recipients, effective
for services provided on or after September 1, 2011:

(1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes of this
subdivision, a visit means an episode of service deleted text beginwhichdeleted text endnew text begin thatnew text end is required because of a recipient's
symptoms, diagnosis, or established illness, and deleted text beginwhichdeleted text endnew text begin thatnew text end is delivered in an ambulatory
setting by a physician or physician assistant, chiropractor, podiatrist, nurse midwife, advanced
practice nurse, audiologist, optician, or optometristnew text begin. Co-payments must not apply to visits
that involve tobacco cessation treatments or services
new text end;

(2) $3.50 for nonemergency visits to a hospital-based emergency room, except that this
co-payment shall be increased to $20 upon federal approval;

(3) $3 per brand-name drug prescription and $1 per generic drug prescription, subject
to a $12 per month maximum for prescription drug co-payments. deleted text beginNodeleted text end Co-payments deleted text beginshalldeleted text endnew text begin
must not
new text end apply to antipsychotic drugs when used for the treatment of mental illnessnew text begin or to
drugs used for tobacco cessation
new text end;

(4) a family deductible equal to $2.75 per month per family and adjusted annually by
the percentage increase in the medical care component of the CPI-U for the period of
September to September of the preceding calendar year, rounded to the next higher five-cent
increment; and

(5) total monthly cost-sharing must not exceed five percent of family income. For
purposes of this paragraph, family income is the total earned and unearned income of the
individual and the individual's spouse, if the spouse is enrolled in medical assistance and
also subject to the five percent limit on cost-sharing. This paragraph does not apply to
premiums charged to individuals described under section 256B.057, subdivision 9.

(b) Recipients of medical assistance are responsible for all co-payments and deductibles
in this subdivision.

(c) Notwithstanding paragraph (b), the commissioner, through the contracting process
under sections 256B.69 and 256B.692, may allow managed care plans and county-based
purchasing plans to waive the family deductible under paragraph (a), clause (4). The value
of the family deductible shall not be included in the capitation payment to managed care
plans and county-based purchasing plans. Managed care plans and county-based purchasing
plans shall certify annually to the commissioner the dollar value of the family deductible.

(d) Notwithstanding paragraph (b), the commissioner may waive the collection of the
family deductible described under paragraph (a), clause (4), from individuals and allow
long-term care and waivered service providers to assume responsibility for payment.

(e) Notwithstanding paragraph (b), the commissioner, through the contracting process
under section 256B.0756 shall allow the pilot program in Hennepin County to waive
co-payments. The value of the co-payments shall not be included in the capitation payment
amount to the integrated health care delivery networks under the pilot program.

Sec. 32.

Minnesota Statutes 2020, section 256B.0631, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Tobacco abstinence cost-sharing exception. new text end

new text begin In addition to the cost-sharing
exemptions listed under subdivision 2, the co-payments and deductibles described in
subdivision 1 must be waived for nontobacco users, and must only apply to tobacco users.
For purposes of this subdivision, "tobacco user" means an individual who uses, four or more
times per week within the past six months, any tobacco product. Tobacco products include
cigarettes, cigars, pipe tobacco, chewing tobacco, or snuff. Tobacco products do not include
the use of tobacco by an American Indian who meets the requirements in Code of Federal
Regulations, title 42, sections 447.51 and 447.56, as part of a traditional Native American
spiritual or cultural ceremony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 33.

Minnesota Statutes 2020, section 256B.0638, subdivision 3, is amended to read:


Subd. 3.

Opioid prescribing work group.

(a) The commissioner of human services, in
consultation with the commissioner of health, shall appoint the following voting members
to an opioid prescribing work group:

(1) two consumer members who have been impacted by an opioid abuse disorder or
opioid dependence disorder, either personally or with family members;

(2) one member who is a licensed physician actively practicing in Minnesota and
registered as a practitioner with the DEA;

(3) one member who is a licensed pharmacist actively practicing in Minnesota and
registered as a practitioner with the DEA;

(4) one member who is a licensed nurse practitioner actively practicing in Minnesota
and registered as a practitioner with the DEA;

(5) one member who is a licensed dentist actively practicing in Minnesota and registered
as a practitioner with the DEA;

(6) two members who are nonphysician licensed health care professionals actively
engaged in the practice of their profession in Minnesota, and their practice includes treating
pain;

(7) one member who is a mental health professional who is licensed or registered in a
mental health profession, who is actively engaged in the practice of that profession in
Minnesota, and whose practice includes treating patients with chemical dependency or
substance abuse;

(8) one member who is a medical examiner for a Minnesota county;

(9) one member of the Health Services Policy Committee established under section
256B.0625, subdivisions 3c to 3e;

(10) one member who is a medical director of a health plan company doing business in
Minnesota;

(11) one member who is a pharmacy director of a health plan company doing business
in Minnesota; deleted text beginand
deleted text end

(12) one member representing Minnesota law enforcementdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (13) two consumer members who are Minnesota residents and who have used or are
using opioids to manage chronic pain.
new text end

(b) In addition, the work group shall include the following nonvoting members:

(1) the medical director for the medical assistance program;

(2) a member representing the Department of Human Services pharmacy unit; deleted text beginand
deleted text end

(3) the medical director for the Department of Labor and Industrydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) a member representing the Department of Health.
new text end

(c) An honorarium of $200 per meeting and reimbursement for mileage and parking
shall be paid to each voting member in attendance.

Sec. 34.

Minnesota Statutes 2020, section 256B.0638, subdivision 5, is amended to read:


Subd. 5.

Program implementation.

(a) The commissioner shall implement the programs
within the Minnesota health care program to improve the health of and quality of care
provided to Minnesota health care program enrollees. The commissioner shall annually
collect and report tonew text begin provider groups the sentinel measures of data showing individualnew text end opioid
deleted text begin prescribers data showing the sentinel measures of theirdeleted text endnew text begin prescribers'new text end opioid prescribing
patterns compared to their anonymized peers.new text begin Provider groups shall distribute data to their
affiliated, contracted, or employed opioid prescribers.
new text end

(b) The commissioner shall notify an opioid prescriber and all provider groups with
which the opioid prescriber is employed or affiliated when the opioid prescriber's prescribing
pattern exceeds the opioid quality improvement standard thresholds. An opioid prescriber
and any provider group that receives a notice under this paragraph shall submit to the
commissioner a quality improvement plan for review and approval by the commissioner
with the goal of bringing the opioid prescriber's prescribing practices into alignment with
community standards. A quality improvement plan must include:

(1) components of the program described in subdivision 4, paragraph (a);

(2) internal practice-based measures to review the prescribing practice of the opioid
prescriber and, where appropriate, any other opioid prescribers employed by or affiliated
with any of the provider groups with which the opioid prescriber is employed or affiliated;
and

(3) appropriate use of the prescription monitoring program under section 152.126.

(c) If, after a year from the commissioner's notice under paragraph (b), the opioid
prescriber's prescribing practices do not improve so that they are consistent with community
standards, the commissioner shall take one or more of the following steps:

(1) monitor prescribing practices more frequently than annually;

(2) monitor more aspects of the opioid prescriber's prescribing practices than the sentinel
measures; or

(3) require the opioid prescriber to participate in additional quality improvement efforts,
including but not limited to mandatory use of the prescription monitoring program established
under section 152.126.

(d) The commissioner shall terminate from Minnesota health care programs all opioid
prescribers and provider groups whose prescribing practices fall within the applicable opioid
disenrollment standards.

Sec. 35.

Minnesota Statutes 2020, section 256B.0638, subdivision 6, is amended to read:


Subd. 6.

Data practices.

(a) Reports and data identifying an opioid prescriber are private
data on individuals as defined under section 13.02, subdivision 12, until an opioid prescriber
is subject to termination as a medical assistance provider under this section. Notwithstanding
this data classification, the commissioner shall share with all of the provider groups with
which an opioid prescriber is employednew text begin, contracted,new text end or affiliated, deleted text begina report identifying an
opioid prescriber who is subject to quality improvement activities
deleted text endnew text begin the datanew text end under subdivision
5, paragraphnew text begin (a),new text end (b)new text begin,new text end or (c).

(b) Reports and data identifying a provider group are nonpublic data as defined under
section 13.02, subdivision 9, until the provider group is subject to termination as a medical
assistance provider under this section.

(c) Upon termination under this section, reports and data identifying an opioid prescriber
or provider group are public, except that any identifying information of Minnesota health
care program enrollees must be redacted by the commissioner.

Sec. 36.

Minnesota Statutes 2020, section 256B.0659, subdivision 13, is amended to read:


Subd. 13.

Qualified professional; qualifications.

(a) The qualified professional must
work for a personal care assistance provider agency, meet the definition of qualified
professional under section 256B.0625, subdivision 19c, deleted text beginand enroll with the department as
a qualified professional after clearing
deleted text endnew text begin clearnew text end a background studynew text begin, and meet provider training
requirements
new text end. Before a qualified professional provides services, the personal care assistance
provider agency must initiate a background study on the qualified professional under chapter
245C, and the personal care assistance provider agency must have received a notice from
the commissioner that the qualified professional:

(1) is not disqualified under section 245C.14; or

(2) is disqualified, but the qualified professional has received a set aside of the
disqualification under section 245C.22.

(b) The qualified professional shall perform the duties of training, supervision, and
evaluation of the personal care assistance staff and evaluation of the effectiveness of personal
care assistance services. The qualified professional shall:

(1) develop and monitor with the recipient a personal care assistance care plan based on
the service plan and individualized needs of the recipient;

(2) develop and monitor with the recipient a monthly plan for the use of personal care
assistance services;

(3) review documentation of personal care assistance services provided;

(4) provide training and ensure competency for the personal care assistant in the individual
needs of the recipient; and

(5) document all training, communication, evaluations, and needed actions to improve
performance of the personal care assistants.

(c) deleted text beginEffective July 1, 2011,deleted text end The qualified professional shall complete the provider training
with basic information about the personal care assistance program approved by the
commissioner. Newly hired qualified professionals must complete the training within six
months of the date hired by a personal care assistance provider agency. Qualified
professionals who have completed the required training as a worker from a personal care
assistance provider agency do not need to repeat the required training if they are hired by
another agency, if they have completed the training within the last three years. The required
training must be available with meaningful access according to title VI of the Civil Rights
Act and federal regulations adopted under that law or any guidance from the United States
Health and Human Services Department. The required training must be available online or
by electronic remote connection. The required training must provide for competency testing
to demonstrate an understanding of the content without attending in-person training. A
qualified professional is allowed to be employed and is not subject to the training requirement
until the training is offered online or through remote electronic connection. A qualified
professional employed by a personal care assistance provider agency certified for
participation in Medicare as a home health agency is exempt from the training required in
this subdivision. When available, the qualified professional working for a Medicare-certified
home health agency must successfully complete the competency test. The commissioner
shall ensure there is a mechanism in place to verify the identity of persons completing the
competency testing electronically.

Sec. 37.

Minnesota Statutes 2020, section 256B.196, subdivision 2, is amended to read:


Subd. 2.

Commissioner's duties.

(a) For the purposes of this subdivision and subdivision
3, the commissioner shall determine the fee-for-service outpatient hospital services upper
payment limit for nonstate government hospitals. The commissioner shall then determine
the amount of a supplemental payment to Hennepin County Medical Center and Regions
Hospital for these services that would increase medical assistance spending in this category
to the aggregate upper payment limit for all nonstate government hospitals in Minnesota.
In making this determination, the commissioner shall allot the available increases between
Hennepin County Medical Center and Regions Hospital based on the ratio of medical
assistance fee-for-service outpatient hospital payments to the two facilities. The commissioner
shall adjust this allotment as necessary based on federal approvals, the amount of
intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors,
in order to maximize the additional total payments. The commissioner shall inform Hennepin
County and Ramsey County of the periodic intergovernmental transfers necessary to match
federal Medicaid payments available under this subdivision in order to make supplementary
medical assistance payments to Hennepin County Medical Center and Regions Hospital
equal to an amount that when combined with existing medical assistance payments to
nonstate governmental hospitals would increase total payments to hospitals in this category
for outpatient services to the aggregate upper payment limit for all hospitals in this category
in Minnesota. Upon receipt of these periodic transfers, the commissioner shall make
supplementary payments to Hennepin County Medical Center and Regions Hospital.

(b) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for physicians and other billing professionals affiliated
with Hennepin County Medical Center and with Regions Hospital. The upper payment limit
shall be based on the average commercial rate or be determined using another method
acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall
inform Hennepin County and Ramsey County of the periodic intergovernmental transfers
necessary to match the federal Medicaid payments available under this subdivision in order
to make supplementary payments to physicians and other billing professionals affiliated
with Hennepin County Medical Center and to make supplementary payments to physicians
and other billing professionals affiliated with Regions Hospital through HealthPartners
Medical Group equal to the difference between the established medical assistance payment
for physician and other billing professional services and the upper payment limit. Upon
receipt of these periodic transfers, the commissioner shall make supplementary payments
to physicians and other billing professionals affiliated with Hennepin County Medical Center
and shall make supplementary payments to physicians and other billing professionals
affiliated with Regions Hospital through HealthPartners Medical Group.

(c) Beginning January 1, 2010, deleted text beginHennepin County anddeleted text end Ramsey County may make monthly
voluntary intergovernmental transfers to the commissioner in amounts not to exceed
deleted text begin $12,000,000 per year from Hennepin County anddeleted text end $6,000,000 per year deleted text beginfrom Ramsey Countydeleted text end.
The commissioner shall increase the medical assistance capitation payments to any licensed
health plan under contract with the medical assistance program that agrees to make enhanced
payments to deleted text beginHennepin County Medical Center ordeleted text end Regions Hospital. The increase shall be
in an amount equal to the annual value of the monthly transfers plus federal financial
participation, with each health plan receiving its pro rata share of the increase based on the
pro rata share of medical assistance admissions to deleted text beginHennepin County Medical Center anddeleted text end
Regions Hospital by those plans. For the purposes of this paragraph, "the base amount"
means the total annual value of increased medical assistance capitation payments, including
the voluntary intergovernmental transfers, under this paragraph in calendar year 2017. For
managed care contracts beginning on or after January 1, 2018, the commissioner shall reduce
the total annual value of increased medical assistance capitation payments under this
paragraph by an amount equal to ten percent of the base amount, and by an additional ten
percent of the base amount for each subsequent contract year until December 31, 2025.
Upon the request of the commissioner, health plans shall submit individual-level cost data
for verification purposes. The commissioner may ratably reduce these payments on a pro
rata basis in order to satisfy federal requirements for actuarial soundness. If payments are
reduced, transfers shall be reduced accordingly. Any licensed health plan that receives
increased medical assistance capitation payments under the intergovernmental transfer
described in this paragraph shall increase its medical assistance payments to deleted text beginHennepin
County Medical Center and
deleted text end Regions Hospital by the same amount as the increased payments
received in the capitation payment described in this paragraph. This paragraph expires
January 1, 2026.

(d) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for ambulance services affiliated with Hennepin County
Medical Center and the city of St. Paul, and ambulance services owned and operated by
another governmental entity that chooses to participate by requesting the commissioner to
determine an upper payment limit. The upper payment limit shall be based on the average
commercial rate or be determined using another method acceptable to the Centers for
Medicare and Medicaid Services. The commissioner shall inform Hennepin County, the
city of St. Paul, and other participating governmental entities of the periodic
intergovernmental transfers necessary to match the federal Medicaid payments available
under this subdivision in order to make supplementary payments to Hennepin County
Medical Center, the city of St. Paul, and other participating governmental entities equal to
the difference between the established medical assistance payment for ambulance services
and the upper payment limit. Upon receipt of these periodic transfers, the commissioner
shall make supplementary payments to Hennepin County Medical Center, the city of St.
Paul, and other participating governmental entities. A tribal government that owns and
operates an ambulance service is not eligible to participate under this subdivision.

(e) For the purposes of this subdivision and subdivision 3, the commissioner shall
determine an upper payment limit for physicians, dentists, and other billing professionals
affiliated with the University of Minnesota and University of Minnesota Physicians. The
upper payment limit shall be based on the average commercial rate or be determined using
another method acceptable to the Centers for Medicare and Medicaid Services. The
commissioner shall inform the University of Minnesota Medical School and University of
Minnesota School of Dentistry of the periodic intergovernmental transfers necessary to
match the federal Medicaid payments available under this subdivision in order to make
supplementary payments to physicians, dentists, and other billing professionals affiliated
with the University of Minnesota and the University of Minnesota Physicians equal to the
difference between the established medical assistance payment for physician, dentist, and
other billing professional services and the upper payment limit. Upon receipt of these periodic
transfers, the commissioner shall make supplementary payments to physicians, dentists,
and other billing professionals affiliated with the University of Minnesota and the University
of Minnesota Physicians.

(f) The commissioner shall inform the transferring governmental entities on an ongoing
basis of the need for any changes needed in the intergovernmental transfers in order to
continue the payments under paragraphs (a) to (e), at their maximum level, including
increases in upper payment limits, changes in the federal Medicaid match, and other factors.

(g) The payments in paragraphs (a) to (e) shall be implemented independently of each
other, subject to federal approval and to the receipt of transfers under subdivision 3.

(h) All of the data and funding transactions related to the payments in paragraphs (a) to
(e) shall be between the commissioner and the governmental entities.

(i) For purposes of this subdivision, billing professionals are limited to physicians, nurse
practitioners, nurse midwives, clinical nurse specialists, physician assistants,
anesthesiologists, certified registered nurse anesthetists, dentists, dental hygienists, and
dental therapists.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 31, 2021, or upon federal
approval, whichever is later. The commissioner of human services shall inform the revisor
of statutes when federal approval is obtained.
new text end

Sec. 38.

new text begin [256B.1973] DIRECTED PAYMENT ARRANGEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Billing professionals" means physicians, nurse practitioners, nurse midwives, clinical
nurse specialists, physician assistants, anesthesiologists, and certified registered anesthetists,
and may include dentists, individually enrolled dental hygienists, and dental therapists.
new text end

new text begin (c) "Health plan" means a managed care or county-based purchasing plan that is under
contract with the commissioner to deliver services to medical assistance enrollees under
section 256B.69.
new text end

new text begin (d) "High medical assistance utilization" means a medical assistance utilization rate
equal to the standard established in section 256.969, subdivision 9, paragraph (d), clause
(6).
new text end

new text begin Subd. 2. new text end

new text begin Federal approval required. new text end

new text begin Each directed payment arrangement under this
section is contingent on federal approval and must conform with the requirements for
permissible directed managed care organization expenditures under section 256B.6928,
subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Eligible providers. new text end

new text begin Eligible providers under this section are nonstate government
teaching hospitals with high medical assistance utilization and a level 1 trauma center and
the hospital's affiliated billing professionals, ambulance services, and clinics.
new text end

new text begin Subd. 4. new text end

new text begin Voluntary intergovernmental transfers. new text end

new text begin A nonstate governmental entity that
is eligible to perform intergovernmental transfers may make voluntary intergovernmental
transfers to the commissioner. The commissioner shall inform the nonstate governmental
entity of the intergovernmental transfers necessary to maximize the allowable directed
payments.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner's duties; state-directed fee schedule requirement. new text end

new text begin (a) For
each federally approved directed payment arrangement that is a state-directed fee schedule
requirement, the commissioner shall determine a uniform adjustment factor to be applied
to each claim submitted by an eligible provider to a health plan. The commissioner shall
ensure that the application of the uniform adjustment factor maximizes the allowable directed
payments and does not result in payments exceeding federal limits, and may use a settle-up
process no less than annually to adjust health plan payments to comply with this requirement.
The commissioner shall apply the uniform adjustment to each submitted claim.
new text end

new text begin (b) For each federally approved directed payment arrangement that is a state-directed
fee schedule requirement, the commissioner must ensure that the total annual amount of
payments equals at least the sum of the annual value of the voluntary intergovernmental
transfers to the commissioner under subdivision 4 and federal financial participation.
new text end

new text begin (c) For each federally approved directed payment arrangement that is a state-directed
fee schedule requirement, the commissioner shall develop a plan for the initial
implementation of the state-directed fee schedule requirement to ensure that the eligible
provider receives the entire permissible value of the federally approved directed payment
arrangement. If federal approval of a directed payment arrangement under this subdivision
is retroactive, the commissioner shall make a onetime pro rata increase to the uniform
adjustment factor and the initial payments in order to include claims submitted between the
retroactive federal approval date and the period captured by the initial payments.
new text end

new text begin Subd. 6. new text end

new text begin Health plan duties; submission of claims. new text end

new text begin In accordance with its contract,
each health plan shall submit to the commissioner payment information for each claim paid
to an eligible provider for services provided to a medical assistance enrollee.
new text end

new text begin Subd. 7. new text end

new text begin Health plan duties; directed payments. new text end

new text begin In accordance with its contract, each
health plan shall make directed payments to the eligible provider in an amount equal to the
payment amounts the plan received from the commissioner.
new text end

new text begin Subd. 8. new text end

new text begin State quality goals. new text end

new text begin The directed payment arrangement and state-directed fee
schedule requirement must align the state quality goals to Hennepin Healthcare medical
assistance patients, including unstably housed individuals, those with higher levels of social
and clinical risk, limited English proficiency patients, adults with serious chronic conditions,
or individuals of color. The directed payment arrangement will maintain quality and access
to a full range of health care delivery mechanisms for these patients, such as behavioral
health, emergent care, preventive care, hospitalization, transportation, interpretation, and
pharmaceutical. In partnership with the Department of Human Services, the Centers for
Medicare and Medicaid Services, and Hennepin Healthcare, mutually agreed upon measures
to demonstrate access to care must be identified and measured.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, or upon federal approval,
whichever is later, unless the federal approval provides for an effective date after July 1,
2021, but before the date of federal approval, in which case the federally approved effective
date applies.
new text end

Sec. 39.

Minnesota Statutes 2020, section 256B.69, subdivision 6d, is amended to read:


Subd. 6d.

Prescription drugs.

new text begin(a)new text end The commissioner may exclude or modify coverage
for prescription drugs from the prepaid managed care contracts entered into under this
section in order to increase savings to the state by collecting additional prescription drug
rebates. The contracts must maintain incentives for the managed care plan to manage drug
costs and utilization and may require that the managed care plans maintain an open drug
formulary. In order to manage drug costs and utilization, the contracts may authorize the
managed care plans to use preferred drug lists and prior authorization. This subdivision is
contingent on federal approval of the managed care contract changes and the collection of
additional prescription drug rebates.

new text begin (b) Managed care plans and county-based purchasing plans or the plan's subcontractor
if the plan subcontracts with a third party to administer pharmacy services, including a
pharmacy benefit manager, must comply with section 256B.0625, subdivision 13k, for
purposes of contracting with dispensing providers to provide pharmacy services to medical
assistance and MinnesotaCare enrollees.
new text end

Sec. 40.

Minnesota Statutes 2020, section 256B.69, is amended by adding a subdivision
to read:


new text begin Subd. 6f. new text end

new text begin Dental fee schedules. new text end

new text begin (a) A managed care plan, county-based purchasing plan,
or dental benefits administrator as defined under section 256B.0625, subdivision 9c,
paragraph (a), must provide individual dental providers, upon request, the applicable fee
schedules for covered dental services provided under the contract between the dental provider
and the managed care plan, county-based purchasing plan, or dental benefits administrator.
new text end

new text begin (b) A managed care plan, county-based purchasing plan, or dental benefits administrator
may fulfill this requirement by making the applicable fee schedules available through a
secure web portal for the contracted dental provider to access.
new text end

Sec. 41.

Minnesota Statutes 2020, section 256B.6928, subdivision 5, is amended to read:


Subd. 5.

Direction of managed care organization expenditures.

(a) The commissioner
shall not direct managed care organizations expenditures under the managed care contract,
except deleted text beginindeleted text endnew text begin as permitted under Code of Federal Regulations, part 42, section 438.6(c). The
exception under this paragraph includes
new text end the following situations:

(1) implementation of a value-based purchasing model for provider reimbursement,
including pay-for-performance arrangements, bundled payments, or other service payments
intended to recognize value or outcomes over volume of services;

(2) participation in a multipayer or medical assistance-specific delivery system reform
or performance improvement initiative; or

(3) implementation of a minimum or maximum fee schedule, or a uniform dollar or
percentage increase for network providers that provide a particular service. The maximum
fee schedule must allow the managed care organization the ability to reasonably manage
risk and provide discretion in accomplishing the goals of the contract.

(b) Any managed care contract that directs managed care organization expenditures as
permitted under paragraph (a), clauses (1) to (3), must be developed in accordance with
Code of Federal Regulations, part 42, sections 438.4 and 438.5; comply with actuarial
soundness and generally accepted actuarial principles and practices; and have written
approval from the Centers for Medicare and Medicaid Services before implementation. To
obtain approval, the commissioner shall demonstrate in writing that the contract arrangement:

(1) is based on the utilization and delivery of services;

(2) directs expenditures equally, using the same terms of performance for a class of
providers providing service under the contract;

(3) is intended to advance at least one of the goals and objectives in the commissioner's
quality strategy;

(4) has an evaluation plan that measures the degree to which the arrangement advances
at least one of the goals in the commissioner's quality strategy;

(5) does not condition network provider participation on the network provider entering
into or adhering to an intergovernmental transfer agreement; and

(6) is not renewed automatically.

(c) For contract arrangements identified in paragraph (a), clauses (1) and (2), the
commissioner shall:

(1) make participation in the value-based purchasing model, special delivery system
reform, or performance improvement initiative available, using the same terms of
performance, to a class of providers providing services under the contract related to the
model, reform, or initiative; and

(2) use a common set of performance measures across all payers and providers.

(d) The commissioner shall not set the amount or frequency of the expenditures or recoup
from the managed care organization any unspent funds allocated for these arrangements.

Sec. 42.

Minnesota Statutes 2020, section 256B.75, is amended to read:


256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.

(a) For outpatient hospital facility fee payments for services rendered on or after October
1, 1992, the commissioner of human services shall pay the lower of (1) submitted charge,
or (2) 32 percent above the rate in effect on June 30, 1992, except for those services for
which there is a federal maximum allowable payment. Effective for services rendered on
or after January 1, 2000, payment rates for nonsurgical outpatient hospital facility fees and
emergency room facility fees shall be increased by eight percent over the rates in effect on
December 31, 1999, except for those services for which there is a federal maximum allowable
payment. Services for which there is a federal maximum allowable payment shall be paid
at the lower of (1) submitted charge, or (2) the federal maximum allowable payment. Total
aggregate payment for outpatient hospital facility fee services shall not exceed the Medicare
upper limit. If it is determined that a provision of this section conflicts with existing or
future requirements of the United States government with respect to federal financial
participation in medical assistance, the federal requirements prevail. The commissioner
may, in the aggregate, prospectively reduce payment rates to avoid reduced federal financial
participation resulting from rates that are in excess of the Medicare upper limitations.

(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and ambulatory
surgery hospital facility fee services for critical access hospitals designated under section
144.1483, clause (9), shall be paid on a cost-based payment system that is based on the
cost-finding methods and allowable costs of the Medicare program. Effective for services
provided on or after July 1, 2015, rates established for critical access hospitals under this
paragraph for the applicable payment year shall be the final payment and shall not be settled
to actual costs. Effective for services delivered on or after the first day of the hospital's fiscal
year ending in 2017, the rate for outpatient hospital services shall be computed using
information from each hospital's Medicare cost report as filed with Medicare for the year
that is two years before the year that the rate is being computed. Rates shall be computed
using information from Worksheet C series until the department finalizes the medical
assistance cost reporting process for critical access hospitals. After the cost reporting process
is finalized, rates shall be computed using information from Title XIX Worksheet D series.
The outpatient rate shall be equal to ancillary cost plus outpatient cost, excluding costs
related to rural health clinics and federally qualified health clinics, divided by ancillary
charges plus outpatient charges, excluding charges related to rural health clinics and federally
qualified health clinics.

(c) Effective for services provided on or after July 1, 2003, rates that are based on the
Medicare outpatient prospective payment system shall be replaced by a budget neutral
prospective payment system that is derived using medical assistance data. The commissioner
shall provide a proposal to the 2003 legislature to define and implement this provision.new text begin
When implementing prospective payment methodologies, the commissioner shall use general
methods and rate calculation parameters similar to the applicable Medicare prospective
payment systems for services delivered in outpatient hospital and ambulatory surgical center
settings unless other payment methodologies for these services are specified in this chapter.
new text end

(d) For fee-for-service services provided on or after July 1, 2002, the total payment,
before third-party liability and spenddown, made to hospitals for outpatient hospital facility
services is reduced by .5 percent from the current statutory rate.

(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service
services provided on or after July 1, 2003, made to hospitals for outpatient hospital facility
services before third-party liability and spenddown, is reduced five percent from the current
statutory rates. Facilities defined under section 256.969, subdivision 16, are excluded from
this paragraph.

(f) In addition to the reductions in paragraphs (d) and (e), the total payment for
fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is reduced three percent
from the current statutory rates. Mental health services and facilities defined under section
256.969, subdivision 16, are excluded from this paragraph.

Sec. 43.

Minnesota Statutes 2020, section 256L.01, subdivision 5, is amended to read:


Subd. 5.

Income.

"Income" has the meaning given for modified adjusted gross income,
as defined in Code of Federal Regulations, title 26, section 1.36B-1, and means a household's
deleted text begin current income, or if income fluctuates month to month, the income for the 12-month
eligibility period
deleted text endnew text begin projected annual income for the applicable tax yearnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 44.

Minnesota Statutes 2020, section 256L.04, subdivision 7b, is amended to read:


Subd. 7b.

Annual income limits adjustment.

The commissioner shall adjust the income
limits under this section annually deleted text begineach July 1deleted text endnew text begin on January 1new text end as deleted text begindescribed in section 256B.056,
subdivision 1c
deleted text endnew text begin provided in Code of Federal Regulations, title 26, section 1.36B-1(h)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45.

Minnesota Statutes 2020, section 256L.05, subdivision 3a, is amended to read:


Subd. 3a.

Redetermination of eligibility.

(a) An enrollee's eligibility must be
redetermined on an annual basisdeleted text begin, in accordance with Code of Federal Regulations, title 42,
section 435.916 (a). The 12-month eligibility period begins the month of application.
Beginning July 1, 2017, the commissioner shall adjust the eligibility period for enrollees to
implement renewals throughout the year according to guidance from the Centers for Medicare
and Medicaid Services
deleted text end.new text begin The period of eligibility is the entire calendar year following the
year in which eligibility is redetermined. Eligibility redeterminations shall occur during the
open enrollment period for qualified health plans as specified in Code of Federal Regulations,
title 45, section 155.410(e)(3).
new text end

(b) Each new period of eligibility must take into account any changes in circumstances
that impact eligibility and premium amount. Coverage begins as provided in section 256L.06.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46.

Minnesota Statutes 2020, section 256L.15, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Tobacco use premium surcharge. new text end

new text begin (a) An enrollee who uses tobacco products
as defined in paragraph (e) and is not actively participating in a tobacco cessation program
must pay a tobacco premium surcharge in an amount that is equal to ten percent of the
enrollee's monthly premium. The tobacco use premium surcharge must be calculated on a
monthly basis and paid in accordance with section 256L.06, rounded up to the nearest dollar
amount. Nonpayment of the surcharge may result in disenrollment.
new text end

new text begin (b) Enrollees who initially apply or renew enrollment in the MinnesotaCare program on
or after July 1, 2021, must attest as part of the application or renewal process whether the
enrollee is using tobacco products and if so, whether the enrollee is actively participating
in a tobacco cessation program. Upon request of the commissioner, the enrollee must provide
documentation verifying that the enrollee is actively participating in tobacco cessation.
new text end

new text begin (c) If an enrollee indicates on the initial application or at renewal that the enrollee does
not use tobacco or is using tobacco products but is actively participating in a tobacco
cessation program, and it is determined that the enrollee was using tobacco products and
was not actively participating in a tobacco cessation program during the period of enrollment,
the enrollee must pay the total amount of the tobacco use premium surcharge that the enrollee
would have been required to pay as a tobacco user during that enrollment period. If the
enrollee fails to pay the surcharge amount due, the enrollee may be disenrolled and the
unpaid amount may be subject to recovery by the commissioner.
new text end

new text begin (d) Nonpayment of the surcharge amount owed by the enrollee under paragraph (a) or
(c) shall result in disenrollment effective for the calendar month following the month for
which the surcharge was due. Disenrollment for nonpayment of the surcharge must meet
the requirements in section 256L.06, subdivision 3, paragraphs (d) and (e).
new text end

new text begin (e) For purposes of this subdivision, the use of tobacco products means the use of a
tobacco product four or more times per week within the past six months. Tobacco products
include the use of cigarettes, cigars, pipe tobacco, chewing tobacco, or snuff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 47.

Minnesota Statutes 2020, section 295.53, subdivision 1, is amended to read:


Subdivision 1.

Exclusions and exemptions.

(a) The following payments are excluded
from the gross revenues subject to the hospital, surgical center, or health care provider taxes
under sections 295.50 to 295.59:

(1) payments received by a health care provider or the wholly owned subsidiary of a
health care provider for care provided outside Minnesota;

(2) government payments received by the commissioner of human services for
state-operated services;

(3) payments received by a health care provider for hearing aids and related equipment
or prescription eyewear delivered outside of Minnesota; and

(4) payments received by an educational institution from student tuition, student activity
fees, health care service fees, government appropriations, donations, or grants, and for
services identified in and provided under an individualized education program as defined
in section 256B.0625 or Code of Federal Regulations, chapter 34, section 300.340(a). Fee
for service payments and payments for extended coverage are taxable.

(b) The following payments are exempted from the gross revenues subject to hospital,
surgical center, or health care provider taxes under sections 295.50 to 295.59:

(1) payments received for services provided under the Medicare program, including
payments received from the government and organizations governed by sections 1833,
1853, and 1876 of title XVIII of the federal Social Security Act, United States Code, title
42, section 1395; and enrollee deductibles, co-insurance, and co-payments, whether paid
by the Medicare enrollee, by Medicare supplemental coverage as described in section
62A.011, subdivision 3, clause (10), or by Medicaid payments under title XIX of the federal
Social Security Act. Payments for services not covered by Medicare are taxable;

(2) payments received for home health care services;

(3) payments received from hospitals or surgical centers for goods and services on which
liability for tax is imposed under section 295.52 or the source of funds for the payment is
exempt under clause (1), (6), (9), (10), or (11);

(4) payments received from the health care providers for goods and services on which
liability for tax is imposed under this chapter or the source of funds for the payment is
exempt under clause (1), (6), (9), (10), or (11);

(5) amounts paid for legend drugs to a wholesale drug distributor who is subject to tax
under section 295.52, subdivision 3, reduced by reimbursement received for legend drugs
otherwise exempt under this chapter;

(6) payments received from the chemical dependency fund under chapter 254B;

(7) payments received in the nature of charitable donations that are not designated for
providing patient services to a specific individual or group;

(8) payments received for providing patient services incurred through a formal program
of health care research conducted in conformity with federal regulations governing research
on human subjects. Payments received from patients or from other persons paying on behalf
of the patients are subject to tax;

(9) payments received from any governmental agency for services benefiting the public,
not including payments made by the government in its capacity as an employer or insurer
or payments made by the government for services provided under the MinnesotaCare
program or the medical assistance program governed by title XIX of the federal Social
Security Act, United States Code, title 42, sections 1396 to 1396v;

(10) payments received under the federal Employees Health Benefits Act, United States
Code, title 5, section 8909(f), as amended by the Omnibus Reconciliation Act of 1990.
Enrollee deductibles, co-insurance, and co-payments are subject to tax;

(11) payments received under the federal Tricare program, Code of Federal Regulations,
title 32, section 199.17(a)(7). Enrollee deductibles, co-insurance, and co-payments are
subject to tax; and

(12) supplemental deleted text beginordeleted text endnew text begin,new text end enhancednew text begin, or directednew text end payments authorized under section 256B.196
deleted text begin ordeleted text endnew text begin,new text end 256B.197new text begin, or 256B.1973new text end.

(c) Payments received by wholesale drug distributors for legend drugs sold directly to
veterinarians or veterinary bulk purchasing organizations are excluded from the gross
revenues subject to the wholesale drug distributor tax under sections 295.50 to 295.59.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December
31, 2020.
new text end

Sec. 48. new text beginCAPITATION PAYMENT DELAY.
new text end

new text begin (a) The commissioner of human services shall delay the medical assistance capitation
payment to managed care plans and county-based purchasing plans due in May 2023 until
July 1, 2023. The payment shall be made no earlier than July 1, 2023, and no later than July
31, 2023.
new text end

new text begin (b) The commissioner of human services shall delay the medical assistance capitation
payment to managed care plans and county-based purchasing plans due in May 2025 until
July 1, 2025. The payment shall be made no earlier than July 1, 2025, and no later than July
31, 2025.
new text end

Sec. 49. new text beginDENTAL HOME DEMONSTRATION PROJECT PLAN.
new text end

new text begin (a) The commissioner of human services shall develop a plan to implement a dental
home demonstration project. The demonstration project must create dental homes to provide
incentives to dental providers for the provision of patient-centered, high quality,
comprehensive, and coordinated dental care to medical assistance and MinnesotaCare
enrollees. The demonstration project must be designed to establish and evaluate alternative
models of delivery systems and payment methods that:
new text end

new text begin (1) emphasize, enhance, and encourage access to primary dental care by using dental
teams that include dentists, dental hygienists, dental therapists, advanced dental therapists,
and dental assistants;
new text end

new text begin (2) ensure enrollees with a consistent and ongoing contact with a dental provider or
dental team and coordination with the enrollee's medical care;
new text end

new text begin (3) decrease administrative burdens and create greater transparency and accountability;
new text end

new text begin (4) incorporate outcome measures on access, quality, cost of care and patient experience;
and
new text end

new text begin (5) establish value-based incentives to:
new text end

new text begin (i) provide flexibility in enrollment criteria in order to increase the number of dental
providers currently serving medical assistance and MinnesotaCare enrollees;
new text end

new text begin (ii) reduce disparities in access to dental services for high risk and medically and socially
complex patients; and
new text end

new text begin (iii) increase overall access to quality dental services.
new text end

new text begin (b) The commissioner shall develop outcome measures for the demonstration projects
that include measurements for access to preventive care, follow-up care after an oral health
evaluation, patient satisfaction, and administrative costs for delivering dental services.
new text end

new text begin (c) In developing the dental home demonstration project, the commissioner shall consult
with interested stakeholders including but not limited to representatives of:
new text end

new text begin (1) private practice dental clinics for which medical assistance and MinnesotaCare
enrollees comprise more than 25 percent of the clinic's patient load;
new text end

new text begin (2) nonprofit dental clinics with a primary focus on serving Indigenous communities
and other communities of color;
new text end

new text begin (3) nonprofit dental clinics with a primary focus on providing eldercare;
new text end

new text begin (4) nonprofit dental clinics with a primary focus on serving children;
new text end

new text begin (5) nonprofit dental clinics providing services in the seven-county metropolitan area;
new text end

new text begin (6) nonprofit dental clinics providing services outside of the seven-county metropolitan
area;
new text end

new text begin (7) multispecialty hospital-based dental clinics; and
new text end

new text begin (8) educational institutions operating dental programs.
new text end

new text begin (d) The commissioner of human services shall submit recommendations for the
establishment of a dental home demonstration project to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by February 1, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 50. new text beginENHANCED FEDERAL MEDICAL ASSISTANCE PERCENTAGE.
new text end

new text begin Notwithstanding Minnesota Statutes, section 256.011, subdivision 3, beginning January
1, 2022, any amount attributable to the enhanced Federal Medical Assistance Percentage
(FMAP) under section 6008 of the Families First Coronavirus Response Act shall be
deposited in the health care access fund.
new text end

Sec. 51. new text beginFEDERAL APPROVAL; EXTENSION OF POSTPARTUM COVERAGE.
new text end

new text begin The commissioner of human services shall seek all necessary federal waivers and
approvals necessary to extend medical assistance postpartum coverage, as provided in
Minnesota Statutes, section 256B.055, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 52. new text beginOVERPAYMENTS FOR DURABLE MEDICAL EQUIPMENT,
PROSTHETICS, ORTHOTICS, OR SUPPLIES.
new text end

new text begin (a) Notwithstanding any other law to the contrary, providers who received payment for
durable medical equipment, prosthetics, orthotics, or supplies between January 1, 2018, and
June 30, 2019, that were subject to the upper payment limits under United States Code, title
42, section 1396b(i)(27), shall not be required to repay any amount received in excess of
the allowable amount to either the state or the Centers for Medicare and Medicaid Services.
new text end

new text begin (b) The state shall repay with state funds any amount owed to the Centers for Medicare
and Medicaid Services for the federal financial participation amount received by the state
for payments identified in paragraph (a) in excess of the amount allowed effective January
1, 2018, and the state shall hold harmless the providers who received these payments from
recovery of both the state and federal share of the amount determined to have exceeded the
Medicare upper payment limit.
new text end

new text begin (c) Nothing in this section shall be construed to prohibit the commissioner from recouping
past overpayments due to false claims or for reasons other than exceeding the Medicare
upper payment limits or from recouping future overpayments including the recoupment of
payments that exceed the upper Medicare payment limits.
new text end

Sec. 53. new text beginPROPOSED FORMULARY COMMITTEE.
new text end

new text begin By March 1, 2022, the commissioner of human services, in consultation with relevant
professional associations and consumer groups, shall submit to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services a proposed reorganization of the Formulary Committee under Minnesota Statutes,
section 256B.0625, subdivision 13c, that includes:
new text end

new text begin (1) the proposed membership of the committee, including adequate representation of
consumers and health care professionals with expertise in clinical prescribing; and
new text end

new text begin (2) proposed policies and procedures for the operation of the committee that ensures
public input, including providing public notice and gathering public comments on the
committee's recommendations and proposed actions.
new text end

Sec. 54. new text beginOPIATE EPIDEMIC RESPONSE ADVISORY COUNCIL; INITIAL
MEMBERSHIP TERMS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 256.042, subdivision 2, paragraph (c), the
initial term for members of the Opiate Epidemic Response Advisory Council established
under Minnesota Statutes, section 256.042, identified in Minnesota Statutes, section 256.042,
subdivision 2, paragraph (a), clauses (1), (3), (5), (7), (9), (11), (13), (15), and (17), ends
September 30, 2022. The initial term for members identified under Minnesota Statutes,
section 256.042, subdivision 2, paragraph (a), clauses (2), (4), (6), (8), (10), (12), (14), and
(16), ends September 30, 2023.
new text end

Sec. 55. new text beginDIRECTION TO COMMISSIONER; DIRECTED PAYMENT
APPLICATION.
new text end

new text begin The commissioner of human services, in consultation with Hennepin Healthcare System,
shall submit Section 438.6(c) Preprint to the Centers for Medicare and Medicaid Services
no later than July 31, 2021. The commissioner shall request from the Centers for Medicare
and Medicaid Services an effective date of January 1, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 56. new text beginDIRECTIONS TO COMMISSIONER; SCREENING TOOL; SUBSTANCE
USE DISORDER REFORM EVALUATION; SUBSTANCE USE DISORDER
REFORM EDUCATION.
new text end

new text begin (a) By July 1, 2022, the commissioner of human services shall develop or authorize a
tool for screening individuals for pretreatment coordination services and a template to
document an individual's screening result.
new text end

new text begin (b) By July 1, 2022, the commissioner of human services shall, in consultation with
counties and substance use disorder treatment providers, develop a tool to evaluate the
effects of substance use disorder treatment reform proposals enacted during the 2019 and
2021 legislative sessions, including access to services, appropriateness of services, and
accuracy of billing service units.
new text end

new text begin (c) By July 1, 2022, the commissioner of human services shall, in consultation with
counties and substance use disorder treatment providers, develop educational materials for
county staff, providers, and the general public regarding the content and timing of changes
for implementation pursuant to substance use disorder treatment reform proposals enacted
during the 2019 and 2021 legislative sessions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 57. new text beginFUNDING RECOMMENDATIONS FOR PRETREATMENT
COORDINATION SERVICES.
new text end

new text begin If federal approval is not obtained for pretreatment coordination services under Minnesota
Statutes, section 256B.0625, subdivision 67, the commissioner of human services, in
consultation with the counties, shall submit recommendations on a funding mechanism for
pretreatment coordination services to the chairs and ranking minority members of the
legislative committees with jurisdiction over health hand human services policy and finance
by March 15, 2022.
new text end

Sec. 58. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the term "Health Services Policy Committee" to
"Health Services Advisory Council" wherever the term appears in Minnesota Statutes and
may make any necessary changes to grammar or sentence structure to preserve the meaning
of the text.
new text end

Sec. 59. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 16A.724, subdivision 2, new text end new text begin is repealed effective July 1,
2024.
new text end

ARTICLE 2

HEALTH DEPARTMENT

Section 1.

Minnesota Statutes 2020, section 62J.495, subdivision 1, is amended to read:


Subdivision 1.

Implementation.

The commissioner of health, in consultation with the
e-Health Advisory Committee, shall develop uniform standards to be used for the
interoperable electronic health records system for sharing and synchronizing patient data
across systems. The standards must be compatible with federal efforts. The uniform standards
must be developed by January 1, 2009, and updated on an ongoing basis. deleted text beginThe commissioner
shall include an update on standards development as part of an annual report to the legislature.
deleted text end
Individual health care providers in private practice with no other providers and health care
providers that do not accept reimbursement from a group purchaser, as defined in section
62J.03, subdivision 6, are excluded from the requirements of this section.

Sec. 2.

Minnesota Statutes 2020, section 62J.495, subdivision 2, is amended to read:


Subd. 2.

E-Health Advisory Committee.

(a) The commissioner shall establish an
e-Health Advisory Committee governed by section 15.059 to advise the commissioner on
the following matters:

(1) assessment of the adoption and effective use of health information technology by
the state, licensed health care providers and facilities, and local public health agencies;

(2) recommendations for implementing a statewide interoperable health information
infrastructure, to include estimates of necessary resources, and for determining standards
for clinical data exchange, clinical support programs, patient privacy requirements, and
maintenance of the security and confidentiality of individual patient data;

(3) recommendations for encouraging use of innovative health care applications using
information technology and systems to improve patient care and reduce the cost of care,
including applications relating to disease management and personal health management
that enable remote monitoring of patients' conditions, especially those with chronic
conditions; and

(4) other related issues as requested by the commissioner.

(b) The members of the e-Health Advisory Committee shall include the commissioners,
or commissioners' designees, of health, human services, administration, and commerce and
additional members to be appointed by the commissioner to include persons representing
Minnesota's local public health agencies, licensed hospitals and other licensed facilities and
providers, private purchasers, the medical and nursing professions, health insurers and health
plans, the state quality improvement organization, academic and research institutions,
consumer advisory organizations with an interest and expertise in health information
technology, and other stakeholders as identified by the commissioner to fulfill the
requirements of section 3013, paragraph (g), of the HITECH Act.

(c) deleted text beginThe commissioner shall prepare and issue an annual report not later than January 30
of each year outlining progress to date in implementing a statewide health information
infrastructure and recommending action on policy and necessary resources to continue the
promotion of adoption and effective use of health information technology.
deleted text end

deleted text begin (d)deleted text end This subdivision expires June 30, 2021.

Sec. 3.

Minnesota Statutes 2020, section 62J.495, subdivision 3, is amended to read:


Subd. 3.

Interoperable electronic health record requirements.

(a) Hospitals and health
care providers must meet the following criteria when implementing an interoperable
electronic health records system within their hospital system or clinical practice setting.

(b) The electronic health record must be a qualified electronic health record.

(c) The electronic health record must be certified by the Office of the National
Coordinator pursuant to the HITECH Act. This criterion only applies to hospitals and health
care providers if a certified electronic health record product for the provider's particular
practice setting is available. This criterion shall be considered met if a hospital or health
care provider is using an electronic health records system that has been certified within the
last three years, even if a more current version of the system has been certified within the
three-year period.

(d) The electronic health record must meet the standards established according to section
3004 of the HITECH Act as applicable.

(e) The electronic health record must have the ability to generate information on clinical
quality measures and other measures reported under sections 4101, 4102, and 4201 of the
HITECH Act.

(f) The electronic health record system must be connected to a state-certified health
information organization either directly or through a connection facilitated by a deleted text beginstate-certifieddeleted text end
health data intermediary as defined in section 62J.498.

(g) A health care provider who is a prescriber or dispenser of legend drugs must have
an electronic health record system that meets the requirements of section 62J.497.

Sec. 4.

Minnesota Statutes 2020, section 62J.495, subdivision 4, is amended to read:


Subd. 4.

Coordination with national HIT activities.

(a) The commissioner, in
consultation with the e-Health Advisory Committee, shall update the statewide
implementation plan required under subdivision 2 and released June 2008, to be consistent
with the updated federal deleted text beginHIT Strategic Plan released by the Office of the National Coordinator
in accordance with section 3001 of the HITECH Act. The statewide plan shall meet the
requirements for a plan required under section 3013 of the HITECH Act
deleted text endnew text begin plansnew text end.

(b) The commissioner, in consultation with the e-Health Advisory Committee, shall
work to ensure coordination between state, regional, and national efforts to support and
accelerate efforts to effectively use health information technology to improve the quality
and coordination of health care and the continuity of patient care among health care providers,
to reduce medical errors, to improve population health, to reduce health disparities, and to
reduce chronic disease. The commissioner's coordination efforts shall include but not be
limited to:

deleted text begin (1) assisting in the development and support of health information technology regional
extension centers established under section 3012(c) of the HITECH Act to provide technical
assistance and disseminate best practices;
deleted text end

deleted text begin (2) providing supplemental information to the best practices gathered by regional centers
to ensure that the information is relayed in a meaningful way to the Minnesota health care
community;
deleted text end

deleted text begin (3)deleted text endnew text begin (1)new text end providing financial and technical support to Minnesota health care providers to
encourage implementation of admission, discharge and transfer alerts, and care summary
document exchange transactions and to evaluate the impact of health information technology
on cost and quality of care. Communications about available financial and technical support
shall include clear information about the interoperable health record requirements in
subdivision 1, including a separate statement in bold-face type clarifying the exceptions to
those requirements;

deleted text begin (4)deleted text endnew text begin (2)new text end providing educational resources and technical assistance to health care providers
and patients related to state and national privacy, security, and consent laws governing
clinical health information, including the requirements in sections 144.291 to 144.298. In
carrying out these activities, the commissioner's technical assistance does not constitute
legal advice;

deleted text begin (5)deleted text endnew text begin (3)new text end assessing Minnesota's legal, financial, and regulatory framework for health
information exchange, including the requirements in sections 144.291 to 144.298, and
making recommendations for modifications that would strengthen the ability of Minnesota
health care providers to securely exchange data in compliance with patient preferences and
in a way that is efficient and financially sustainable; and

deleted text begin (6)deleted text endnew text begin (4)new text end seeking public input on both patient impact and costs associated with requirements
related to patient consent for release of health records for the purposes of treatment, payment,
and health care operations, as required in section 144.293, subdivision 2. The commissioner
shall provide a report to the legislature on the findings of this public input process no later
than February 1, 2017.

(c) The commissioner, in consultation with the e-Health Advisory Committee, shall
monitor national activity related to health information technology and shall coordinate
statewide input on policy development. The commissioner shall coordinate statewide
responses to proposed federal health information technology regulations in order to ensure
that the needs of the Minnesota health care community are adequately and efficiently
addressed in the proposed regulations. The commissioner's responses may include, but are
not limited to:

(1) reviewing and evaluating any standard, implementation specification, or certification
criteria proposed by the national HIT standards deleted text begincommitteedeleted text endnew text begin committeesnew text end;

(2) reviewing and evaluating policy proposed by deleted text beginthedeleted text end national HIT policy deleted text begincommitteedeleted text endnew text begin
committees
new text end relating to the implementation of a nationwide health information technology
infrastructure;new text begin and
new text end

(3) deleted text beginmonitoring and responding to activity related to the development of quality measures
and other measures as required by section 4101 of the HITECH Act. Any response related
to quality measures shall consider and address the quality efforts required under chapter
62U; and
deleted text end

deleted text begin (4)deleted text end monitoring and responding to national activity related to privacy, security, and data
stewardship of electronic health information and individually identifiable health information.

(d) To the extent that the state is either required or allowed to apply, or designate an
entity to apply for or carry out activities and programs deleted text beginunder section 3013 of the HITECH
Act
deleted text end, the commissioner of health, in consultation with the e-Health Advisory Committee
and the commissioner of human services, shall be the lead applicant or sole designating
authority. The commissioner shall make such designations consistent with the goals and
objectives of sections 62J.495 to 62J.497 and 62J.50 to 62J.61.

(e) The commissioner of human services shall apply for funding necessary to administer
the incentive payments to providers authorized under title IV of the American Recovery
and Reinvestment Act.

deleted text begin (f) The commissioner shall include in the report to the legislature information on the
activities of this subdivision and provide recommendations on any relevant policy changes
that should be considered in Minnesota.
deleted text end

Sec. 5.

Minnesota Statutes 2020, section 62J.498, is amended to read:


62J.498 HEALTH INFORMATION EXCHANGE.

Subdivision 1.

Definitions.

(a) The following definitions apply to sections 62J.498 to
62J.4982:

(b) "Clinical data repository" means a real time database that consolidates data from a
variety of clinical sources to present a unified view of a single patient and is used by a
deleted text begin state-certifieddeleted text end health information exchange service provider to enable health information
exchange among health care providers that are not related health care entities as defined in
section 144.291, subdivision 2, paragraph (k). This does not include clinical data that are
submitted to the commissioner for public health purposes required or permitted by law,
including any rules adopted by the commissioner.

(c) "Clinical transaction" means any meaningful use transaction or other health
information exchange transaction that is not covered by section 62J.536.

(d) "Commissioner" means the commissioner of health.

(e) "Health care provider" or "provider" means a health care provider or provider as
defined in section 62J.03, subdivision 8.

(f) "Health data intermediary" means an entity that provides the technical capabilities
or related products and services to enable health information exchange among health care
providers that are not related health care entities as defined in section 144.291, subdivision
2, paragraph (k). This includes but is not limited to health information service providers
(HISP), electronic health record vendors, and pharmaceutical electronic data intermediaries
as defined in section 62J.495.

(g) "Health information exchange" means the electronic transmission of health-related
information between organizations according to nationally recognized standards.

(h) "Health information exchange service provider" means a health data intermediary
or health information organization.

(i) "Health information organization" means an organization that oversees, governs, and
facilitates health information exchange among health care providers that are not related
health care entities as defined in section 144.291, subdivision 2, paragraph (k), to improve
coordination of patient care and the efficiency of health care delivery.

deleted text begin (j) "HITECH Act" means the Health Information Technology for Economic and Clinical
Health Act as defined in section 62J.495.
deleted text end

deleted text begin (k)deleted text endnew text begin (j)new text end "Major participating entity" means:

(1) a participating entity that receives compensation for services that is greater than 30
percent of the health information organization's gross annual revenues from the health
information exchange service provider;

(2) a participating entity providing administrative, financial, or management services to
the health information organization, if the total payment for all services provided by the
participating entity exceeds three percent of the gross revenue of the health information
organization; and

(3) a participating entity that nominates or appoints 30 percent or more of the board of
directors or equivalent governing body of the health information organization.

deleted text begin (l)deleted text endnew text begin (k)new text end "Master patient index" means an electronic database that holds unique identifiers
of patients registered at a care facility and is used by a deleted text beginstate-certifieddeleted text end health information
exchange service provider to enable health information exchange among health care providers
that are not related health care entities as defined in section 144.291, subdivision 2, paragraph
(k). This does not include data that are submitted to the commissioner for public health
purposes required or permitted by law, including any rules adopted by the commissioner.

deleted text begin (m) "Meaningful use" means use of certified electronic health record technology to
improve quality, safety, and efficiency and reduce health disparities; engage patients and
families; improve care coordination and population and public health; and maintain privacy
and security of patient health information as established by the Centers for Medicare and
Medicaid Services and the Minnesota Department of Human Services pursuant to sections
4101, 4102, and 4201 of the HITECH Act.
deleted text end

deleted text begin (n) "Meaningful use transaction" means an electronic transaction that a health care
provider must exchange to receive Medicare or Medicaid incentives or avoid Medicare
penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
deleted text end

deleted text begin (o)deleted text endnew text begin (l)new text end "Participating entity" means any of the following persons, health care providers,
companies, or other organizations with which a health information organization deleted text beginor health
data intermediary
deleted text end has contracts or other agreements for the provision of health information
exchange services:

(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home
licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise
licensed under the laws of this state or registered with the commissioner;

(2) a health care provider, and any other health care professional otherwise licensed
under the laws of this state or registered with the commissioner;

(3) a group, professional corporation, or other organization that provides the services of
individuals or entities identified in clause (2), including but not limited to a medical clinic,
a medical group, a home health care agency, an urgent care center, and an emergent care
center;

(4) a health plan as defined in section 62A.011, subdivision 3; and

(5) a state agency as defined in section 13.02, subdivision 17.

deleted text begin (p)deleted text endnew text begin (m)new text end "Reciprocal agreement" means an arrangement in which two or more health
information exchange service providers agree to share in-kind services and resources to
allow for the pass-through of clinical transactions.

deleted text begin (q) "State-certified health data intermediary" means a health data intermediary that has
been issued a certificate of authority to operate in Minnesota.
deleted text end

deleted text begin (r)deleted text endnew text begin (n)new text end "State-certified health information organization" means a health information
organization that has been issued a certificate of authority to operate in Minnesota.

Subd. 2.

Health information exchange oversight.

(a) The commissioner shall protect
the public interest on matters pertaining to health information exchange. The commissioner
shall:

(1) review and act on applications from deleted text beginhealth data intermediaries anddeleted text end health information
organizations for certificates of authority to operate in Minnesota;

new text begin (2) require information to be provided as needed from health information exchange
service providers in order to meet requirements established under sections 62J.498 to
62J.4982;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end provide ongoing monitoring to ensure compliance with criteria established under
sections 62J.498 to 62J.4982;

deleted text begin (3)deleted text endnew text begin (4)new text end respond to public complaints related to health information exchange services;

deleted text begin (4)deleted text endnew text begin (5)new text end take enforcement actions as necessary, including the imposition of fines,
suspension, or revocation of certificates of authority as outlined in section 62J.4982;

deleted text begin (5)deleted text endnew text begin (6)new text end provide a biennial report on the status of health information exchange services
that includes but is not limited to:

(i) recommendations on actions necessary to ensure that health information exchange
services are adequate to meet the needs of Minnesota citizens and providers statewide;

(ii) recommendations on enforcement actions to ensure that health information exchange
service providers act in the public interest without causing disruption in health information
exchange services;

(iii) recommendations on updates to criteria for obtaining certificates of authority under
this section; and

(iv) recommendations on standard operating procedures for health information exchange,
including but not limited to the management of consumer preferences; and

deleted text begin (6)deleted text endnew text begin (7)new text end other duties necessary to protect the public interest.

(b) As part of the application review process for certification under paragraph (a), prior
to issuing a certificate of authority, the commissioner shall:

(1) make all portions of the application classified as public data available to the public
for at least ten days while an application is under consideration. At the request of the
commissioner, the applicant shall participate in a public hearing by presenting an overview
of their application and responding to questions from interested parties; and

(2) consult with hospitals, physicians, and other providers prior to issuing a certificate
of authority.

(c) When the commissioner is actively considering a suspension or revocation of a
certificate of authority as described in section 62J.4982, subdivision 3, all investigatory data
that are collected, created, or maintained related to the suspension or revocation are classified
as confidential data on individuals and as protected nonpublic data in the case of data not
on individuals.

(d) The commissioner may disclose data classified as protected nonpublic or confidential
under paragraph (c) if disclosing the data will protect the health or safety of patients.

(e) After the commissioner makes a final determination regarding a suspension or
revocation of a certificate of authority, all minutes, orders for hearing, findings of fact,
conclusions of law, and the specification of the final disciplinary action, are classified as
public data.

Sec. 6.

Minnesota Statutes 2020, section 62J.4981, is amended to read:


62J.4981 CERTIFICATE OF AUTHORITY TO PROVIDE HEALTH
INFORMATION EXCHANGE SERVICES.

Subdivision 1.

Authority to require organizations to apply.

The commissioner shall
require deleted text begina health data intermediary ordeleted text end a health information organization to apply for a
certificate of authority under this section. An applicant may continue to operate until the
commissioner acts on the application. If the application is denied, the applicant is considered
a health information exchange service provider whose certificate of authority has been
revoked under section 62J.4982, subdivision 2, paragraph (d).

deleted text begin Subd. 2. deleted text end

deleted text begin Certificate of authority for health data intermediaries. deleted text end

deleted text begin (a) A health data
intermediary must be certified by the state and comply with requirements established in this
section.
deleted text end

deleted text begin (b) Notwithstanding any law to the contrary, any corporation organized to do so may
apply to the commissioner for a certificate of authority to establish and operate as a health
data intermediary in compliance with this section. No person shall establish or operate a
health data intermediary in this state, nor sell or offer to sell, or solicit offers to purchase
or receive advance or periodic consideration in conjunction with a health data intermediary
contract unless the organization has a certificate of authority or has an application under
active consideration under this section.
deleted text end

deleted text begin (c) In issuing the certificate of authority, the commissioner shall determine whether the
applicant for the certificate of authority has demonstrated that the applicant meets the
following minimum criteria:
deleted text end

deleted text begin (1) hold reciprocal agreements with at least one state-certified health information
organization to access patient data, and for the transmission and receipt of clinical
transactions. Reciprocal agreements must meet the requirements established in subdivision
5; and
deleted text end

deleted text begin (2) participate in statewide shared health information exchange services as defined by
the commissioner to support interoperability between state-certified health information
organizations and state-certified health data intermediaries.
deleted text end

Subd. 3.

Certificate of authority for health information organizations.

(a) A health
information organization must obtain a certificate of authority from the commissioner and
demonstrate compliance with the criteria in paragraph (c).

(b) Notwithstanding any law to the contrary, an organization may apply for a certificate
of authority to establish and operate a health information organization under this section.
No person shall establish or operate a health information organization in this state, nor sell
or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in
conjunction with a health information organization or health information contract unless
the organization has a certificate of authority under this section.

(c) In issuing the certificate of authority, the commissioner shall determine whether the
applicant for the certificate of authority has demonstrated that the applicant meets the
following minimum criteria:

(1) the entity is a legally established organization;

(2) appropriate insurance, including liability insurance, for the operation of the health
information organization is in place and sufficient to protect the interest of the public and
participating entities;

(3) strategic and operational plans address governance, technical infrastructure, legal
and policy issues, finance, and business operations in regard to how the organization will
expand to support providers in achieving health information exchange goals over time;

(4) the entity addresses the parameters to be used with participating entities and other
health information exchange service providers for clinical transactions, compliance with
Minnesota law, and interstate health information exchange trust agreements;

(5) the entity's board of directors or equivalent governing body is composed of members
that broadly represent the health information organization's participating entities and
consumers;

(6) the entity maintains a professional staff responsible to the board of directors or
equivalent governing body with the capacity to ensure accountability to the organization's
mission;

(7) the organization is compliant with national certification and accreditation programs
designated by the commissioner;

(8) the entity maintains the capability to query for patient information based on national
standards. The query capability may utilize a master patient index, clinical data repository,
or record locator service as defined in section 144.291, subdivision 2, paragraph (j). The
entity must be compliant with the requirements of section 144.293, subdivision 8, when
conducting clinical transactions;

(9) the organization demonstrates interoperability with all other state-certified health
information organizations using nationally recognized standards;

(10) the organization demonstrates compliance with all privacy and security requirements
required by state and federal law; and

(11) the organization uses financial policies and procedures consistent with generally
accepted accounting principles and has an independent audit of the organization's financials
on an annual basis.

(d) Health information organizations that have obtained a certificate of authority must:

(1) meet the requirements established for connecting to the National eHealth Exchange;

(2) annually submit strategic and operational plans for review by the commissioner that
address:

(i) progress in achieving objectives included in previously submitted strategic and
operational plans across the following domains: business and technical operations, technical
infrastructure, legal and policy issues, finance, and organizational governance;

(ii) plans for ensuring the necessary capacity to support clinical transactions;

(iii) approach for attaining financial sustainability, including public and private financing
strategies, and rate structures;

(iv) rates of adoption, utilization, and transaction volume, and mechanisms to support
health information exchange; and

(v) an explanation of methods employed to address the needs of community clinics,
critical access hospitals, and free clinics in accessing health information exchange services;

(3) enter into reciprocal agreements with all other state-certified health information
organizations deleted text beginand state-certified health data intermediariesdeleted text end to enable access to patient data,
and for the transmission and receipt of clinical transactions. Reciprocal agreements must
meet the requirements in subdivision 5;

(4) participate in statewide shared health information exchange services as defined by
the commissioner to support interoperability deleted text beginbetween state-certified health information
organizations and state-certified health data intermediaries
deleted text end; and

(5) comply with additional requirements for the certification or recertification of health
information organizations that may be established by the commissioner.

Subd. 4.

Application for certificate of authority for health information deleted text beginexchange
service providers
deleted text endnew text begin organizationsnew text end.

(a) Each application for a certificate of authority shall
be in a form prescribed by the commissioner and verified by an officer or authorized
representative of the applicant. Each application shall include the following in addition to
information described in the criteria in deleted text beginsubdivisions 2 anddeleted text endnew text begin subdivisionnew text end 3:

(1) deleted text beginfor health information organizations only,deleted text end a copy of the basic organizational document,
if any, of the applicant and of each major participating entity, such as the articles of
incorporation, or other applicable documents, and all amendments to it;

(2) deleted text beginfor health information organizations only,deleted text end a list of the names, addresses, and official
positions of the following:

(i) all members of the board of directors or equivalent governing body, and the principal
officers and, if applicable, shareholders of the applicant organization; and

(ii) all members of the board of directors or equivalent governing body, and the principal
officers of each major participating entity and, if applicable, each shareholder beneficially
owning more than ten percent of any voting stock of the major participating entity;

(3) deleted text beginfor health information organizations only,deleted text end the name and address of each participating
entity and the agreed-upon duration of each contract or agreement if applicable;

(4) a copy of each standard agreement or contract intended to bind the participating
entities and the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end. Contractual
provisions shall be consistent with the purposes of this section, in regard to the services to
be performed under the standard agreement or contract, the manner in which payment for
services is determined, the nature and extent of responsibilities to be retained by the health
information organization, and contractual termination provisions;

(5) a statement generally describing the health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end, its health information exchange contracts, facilities, and personnel, including
a statement describing the manner in which the applicant proposes to provide participants
with comprehensive health information exchange services;

(6) a statement reasonably describing the geographic area or areas to be served and the
type or types of participants to be served;

(7) a description of the complaint procedures to be used as required under this section;

(8) a description of the mechanism by which participating entities will have an opportunity
to participate in matters of policy and operation;

(9) a copy of any pertinent agreements between the health information organization and
insurers, including liability insurers, demonstrating coverage is in place;

(10) a copy of the conflict of interest policy that applies to all members of the board of
directors or equivalent governing body and the principal officers of the health information
organization; and

(11) other information as the commissioner may reasonably require to be provided.

(b) Within 45 days after the receipt of the application for a certificate of authority, the
commissioner shall determine whether or not the application submitted meets the
requirements for completion in paragraph (a), and notify the applicant of any further
information required for the application to be processed.

(c) Within 90 days after the receipt of a complete application for a certificate of authority,
the commissioner shall issue a certificate of authority to the applicant if the commissioner
determines that the applicant meets the minimum criteria requirements of subdivision 2 deleted text beginfor
health data intermediaries or subdivision 3 for health information organizations
deleted text end. If the
commissioner determines that the applicant is not qualified, the commissioner shall notify
the applicant and specify the reasons for disqualification.

(d) Upon being granted a certificate of authority to operate as a state-certified health
information organization deleted text beginor state-certified health data intermediarydeleted text end, the organization must
operate in compliance with the provisions of this section. Noncompliance may result in the
imposition of a fine or the suspension or revocation of the certificate of authority according
to section 62J.4982.

Subd. 5.

Reciprocal agreements between health information deleted text beginexchange entitiesdeleted text endnew text begin
organizations
new text end.

(a) Reciprocal agreements between two health information organizations
deleted text begin or between a health information organization and a health data intermediarydeleted text end must include
a fair and equitable model for charges between the entities that:

(1) does not impede the secure transmission of clinical transactions;

(2) does not charge a fee for the exchange of deleted text beginmeaningful usedeleted text end transactions transmitted
according to nationally recognized standards where no additional value-added service is
rendered to the sending or receiving health information organization deleted text beginor health data
intermediary
deleted text end either directly or on behalf of the client;

(3) is consistent with fair market value and proportionately reflects the value-added
services accessed as a result of the agreement; and

(4) prevents health care stakeholders from being charged multiple times for the same
service.

(b) Reciprocal agreements must include comparable quality of service standards that
ensure equitable levels of services.

(c) Reciprocal agreements are subject to review and approval by the commissioner.

(d) Nothing in this section precludes a state-certified health information organization deleted text beginor
state-certified health data intermediary
deleted text end from entering into contractual agreements for the
provision of value-added services deleted text beginbeyond meaningful use transactionsdeleted text end.

Sec. 7.

Minnesota Statutes 2020, section 62J.4982, is amended to read:


62J.4982 ENFORCEMENT AUTHORITY; COMPLIANCE.

Subdivision 1.

Penalties and enforcement.

(a) The commissioner may, for any violation
of statute or rule applicable to a health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end,
levy an administrative penalty in an amount up to $25,000 for each violation. In determining
the level of an administrative penalty, the commissioner shall consider the following factors:

(1) the number of participating entities affected by the violation;

(2) the effect of the violation on participating entities' access to health information
exchange services;

(3) if only one participating entity is affected, the effect of the violation on the patients
of that entity;

(4) whether the violation is an isolated incident or part of a pattern of violations;

(5) the economic benefits derived by the health information organization deleted text beginor a health data
intermediary
deleted text end by virtue of the violation;

(6) whether the violation hindered or facilitated an individual's ability to obtain health
care;

(7) whether the violation was intentional;

(8) whether the violation was beyond the direct control of the health information deleted text beginexchange
service provider
deleted text endnew text begin organizationnew text end;

(9) any history of prior compliance with the provisions of this section, including
violations;

(10) whether and to what extent the health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end attempted to correct previous violations;

(11) how the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end responded to
technical assistance from the commissioner provided in the context of a compliance effort;
and

(12) the financial condition of the health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end whether the health information deleted text beginexchange service
provider
deleted text endnew text begin organizationnew text end had financial difficulties that affected its ability to comply or whether
the imposition of an administrative monetary penalty would jeopardize the ability of the
health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end to continue to deliver health
information exchange services.

The commissioner shall give reasonable notice in writing to the health information
deleted text begin exchange service providerdeleted text endnew text begin organizationnew text end of the intent to levy the penalty and the reasons for
it. A health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end may have 15 days within
which to contest whether the facts found constitute a violation of sections 62J.4981 and
62J.4982, according to the contested case and judicial review provisions of sections 14.57
to 14.69.

(b) If the commissioner has reason to believe that a violation of section 62J.4981 or
62J.4982 has occurred or is likely, the commissioner may confer with the persons involved
before commencing action under subdivision 2. The commissioner may notify the health
information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end and the representatives, or other persons
who appear to be involved in the suspected violation, to arrange a voluntary conference
with the alleged violators or their authorized representatives. The purpose of the conference
is to attempt to learn the facts about the suspected violation and, if it appears that a violation
has occurred or is threatened, to find a way to correct or prevent it. The conference is not
governed by any formal procedural requirements, and may be conducted as the commissioner
considers appropriate.

(c) The commissioner may issue an order directing a health information deleted text beginexchange service
provider
deleted text endnew text begin organizationnew text end or a representative of a health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end to cease and desist from engaging in any act or practice in violation of sections
62J.4981 and 62J.4982.

(d) Within 20 days after service of the order to cease and desist, a health information
deleted text begin exchange service providerdeleted text endnew text begin organizationnew text end may contest whether the facts found constitute a
violation of sections 62J.4981 and 62J.4982 according to the contested case and judicial
review provisions of sections 14.57 to 14.69.

(e) In the event of noncompliance with a cease and desist order issued under this
subdivision, the commissioner may institute a proceeding to obtain injunctive relief or other
appropriate relief in Ramsey County District Court.

Subd. 2.

Suspension or revocation of certificates of authority.

(a) The commissioner
may suspend or revoke a certificate of authority issued to a deleted text beginhealth data intermediary ordeleted text end
health information organization under section 62J.4981 if the commissioner finds that:

(1) the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end is operating
significantly in contravention of its basic organizational document, or in a manner contrary
to that described in and reasonably inferred from any other information submitted under
section 62J.4981, unless amendments to the submissions have been filed with and approved
by the commissioner;

(2) the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end is unable to fulfill its
obligations to furnish comprehensive health information exchange services as required
under its health information exchange contract;

(3) the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end is no longer financially
solvent or may not reasonably be expected to meet its obligations to participating entities;

(4) the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end has failed to implement
the complaint system in a manner designed to reasonably resolve valid complaints;

(5) the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end, or any person acting
with its sanction, has advertised or merchandised its services in an untrue, misleading,
deceptive, or unfair manner;

(6) the continued operation of the health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end would be hazardous to its participating entities or the patients served by the
participating entities; or

(7) the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end has otherwise failed
to substantially comply with section 62J.4981 or with any other statute or administrative
rule applicable to health information exchange service providers, or has submitted false
information in any report required under sections 62J.498 to 62J.4982.

(b) A certificate of authority shall be suspended or revoked only after meeting the
requirements of subdivision 3.

(c) If the certificate of authority of a health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end is suspended, the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end
shall not, during the period of suspension, enroll any additional participating entities, and
shall not engage in any advertising or solicitation.

(d) If the certificate of authority of a health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end is revoked, the organization shall proceed, immediately following the effective
date of the order of revocation, to wind up its affairs, and shall conduct no further business
except as necessary to the orderly conclusion of the affairs of the organization. The
organization shall engage in no further advertising or solicitation. The commissioner may,
by written order, permit further operation of the organization as the commissioner finds to
be in the best interest of participating entities, to the end that participating entities will be
given the greatest practical opportunity to access continuing health information exchange
services.

Subd. 3.

Denial, suspension, and revocation; administrative procedures.

(a) When
the commissioner has cause to believe that grounds for the denial, suspension, or revocation
of a certificate of authority exist, the commissioner shall notify the health information
deleted text begin exchange service providerdeleted text endnew text begin organizationnew text end in writing stating the grounds for denial, suspension,
or revocation and setting a time within 20 days for a hearing on the matter.

(b) After a hearing before the commissioner at which the health information deleted text beginexchange
service provider
deleted text endnew text begin organizationnew text end may respond to the grounds for denial, suspension, or
revocation, or upon the failure of the health information deleted text beginexchange service providerdeleted text endnew text begin
organization
new text end to appear at the hearing, the commissioner shall take action as deemed necessary
and shall issue written findings and mail them to the health information deleted text beginexchange service
provider
deleted text endnew text begin organizationnew text end.

(c) If suspension, revocation, or administrative penalty is proposed according to this
section, the commissioner must deliver, or send by certified mail with return receipt
requested, to the health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end written notice
of the commissioner's intent to impose a penalty. This notice of proposed determination
must include:

(1) a reference to the statutory basis for the penalty;

(2) a description of the findings of fact regarding the violations with respect to which
the penalty is proposed;

(3) the nature and amount of the proposed penalty;

(4) any circumstances described in subdivision 1, paragraph (a), that were considered
in determining the amount of the proposed penalty;

(5) instructions for responding to the notice, including a statement of the health
information deleted text beginexchange service provider'sdeleted text endnew text begin organization'snew text end right to a contested case proceeding
and a statement that failure to request a contested case proceeding within 30 calendar days
permits the imposition of the proposed penalty; and

(6) the address to which the contested case proceeding request must be sent.

Subd. 4.

Coordination.

The commissioner shall, to the extent possible, seek the advice
of the Minnesota e-Health Advisory Committee, in the review and update of criteria for the
certification and recertification of health information deleted text beginexchange service providersdeleted text endnew text begin
organizations
new text end when implementing sections 62J.498 to 62J.4982.

Subd. 5.

Fees and monetary penalties.

(a) The commissioner shall assess fees on every
health information deleted text beginexchange service providerdeleted text endnew text begin organizationnew text end subject to sections 62J.4981 and
62J.4982 as follows:

(1) filing an application for certificate of authority to operate as a health information
organization, $7,000;new text begin and
new text end

(2) deleted text beginfiling an application for certificate of authority to operate as a health data intermediary,
$7,000;
deleted text end

deleted text begin (3)deleted text end annual health information organization certificate fee, $7,000deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (4) annual health data intermediary certificate fee, $7,000.
deleted text end

(b) Fees collected under this section shall be deposited in the state treasury and credited
to the state government special revenue fund.

(c) Administrative monetary penalties imposed under this subdivision shall be credited
to an account in the special revenue fund and are appropriated to the commissioner for the
purposes of sections 62J.498 to 62J.4982.

Sec. 8.

Minnesota Statutes 2020, section 62J.84, subdivision 6, is amended to read:


Subd. 6.

Public posting of prescription drug price information.

(a) The commissioner
shall post on the department's website, or may contract with a private entity or consortium
that satisfies the standards of section 62U.04, subdivision 6, to meet this requirement, the
following information:

(1) a list of the prescription drugs reported under subdivisions 3, 4, and 5, and the
manufacturers of those prescription drugs; and

(2) information reported to the commissioner under subdivisions 3, 4, and 5.

(b) The information must be published in an easy-to-read format and in a manner that
identifies the information that is disclosed on a per-drug basis and must not be aggregated
in a manner that prevents the identification of the prescription drug.

(c) The commissioner shall not post to the department's website or a private entity
contracting with the commissioner shall not post any information described in this section
if the information is not public data under section 13.02, subdivision 8a; or is trade secret
information under section 13.37, subdivision 1, paragraph (b); or is trade secret information
pursuant to the Defend Trade Secrets Act of 2016, United States Code, title 18, section
1836, as amended. If a manufacturer believes information should be withheld from public
disclosure pursuant to this paragraph, the manufacturer must clearly and specifically identify
that information and describe the legal basis in writing when the manufacturer submits the
information under this section. If the commissioner disagrees with the manufacturer's request
to withhold information from public disclosure, the commissioner shall provide the
manufacturer written notice that the information will be publicly posted 30 days after the
date of the notice.

(d) If the commissioner withholds any information from public disclosure pursuant to
this subdivision, the commissioner shall post to the department's website a report describing
the nature of the information and the commissioner's basis for withholding the information
from disclosure.

new text begin (e) To the extent the information required to be posted under this subdivision is collected
and made available to the public by another state, by the University of Minnesota, or through
an online drug pricing reference and analytical tool, the commissioner may reference the
availability of this drug price data from another source including, within existing
appropriations, creating the ability of the public to access the data from the source for
purposes of meeting the reporting requirements of this subdivision.
new text end

Sec. 9.

Minnesota Statutes 2020, section 144.05, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Expiration of report mandates. new text end

new text begin (a) If the submission of a report by the
commissioner of health to the legislature is mandated by statute and the enabling legislation
does not include a date for the submission of a final report, the mandate to submit the report
shall expire in accordance with this section.
new text end

new text begin (b) If the mandate requires the submission of an annual report and the mandate was
enacted before January 1, 2021, the mandate shall expire on January 1,2023. If the mandate
requires the submission of a biennial or less frequent report and the mandate was enacted
before January 1, 2021, the mandate shall expire on January 1, 2024.
new text end

new text begin (c) Any reporting mandate enacted on or after January 1, 2021 shall expire three years
after the date of enactment if the mandate requires the submission of an annual report and
shall expire five years after the date of enactment if the mandate requires the submission
of a biennial or less frequent report, unless the enacting legislation provides for a difference
expiration date.
new text end

new text begin (d) The commissioner shall submit a list to the chairs and ranking minority members of
the legislative committee with jurisdiction over health by February 15 of each year, beginning
February 15, 2022, of all reports set to expire during the following calendar year in
accordance with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

new text begin [144.064] THE VIVIAN ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section shall be known and may be cited as the "Vivian
Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings
given them:
new text end

new text begin (1) "commissioner" means the commissioner of health;
new text end

new text begin (2) "health care practitioner" means a medical professional that provides prenatal or
postnatal care;
new text end

new text begin (3) "CMV" means the human herpesvirus cytomegalovirus, also called HCMV, human
herpesvirus 5, and HHV-5; and
new text end

new text begin (4) "congenital CMV" means the transmission of a CMV infection from a pregnant
mother to her fetus.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner duties. new text end

new text begin (a) The commissioner shall make available to health
care practitioners, women who may become pregnant, expectant parents, and parents of
infants up-to-date and evidence-based information about congenital CMV that has been
reviewed by experts with knowledge of the disease. The information shall include the
following:
new text end

new text begin (1) the recommendation to consider testing for congenital CMV if the parent or legal
guardian of the infant elected not to have newborn screening performed under section
144.125, and the infant failed a newborn hearing screening or pregnancy history suggests
increased risk for congenital CMV infection;
new text end

new text begin (2) the incidence of CMV;
new text end

new text begin (3) the transmission of CMV to pregnant women and women who may become pregnant;
new text end

new text begin (4) birth defects caused by congenital CMV;
new text end

new text begin (5) available preventative measures to avoid the infection of women who are pregnant
or may become pregnant; and
new text end

new text begin (6) resources available for families of children born with congenital CMV.
new text end

new text begin (b) The commissioner shall follow existing department practice, inclusive of community
engagement, to ensure that the information in paragraph (a) is culturally and linguistically
appropriate for all recipients.
new text end

new text begin (c) The department shall establish an outreach program to:
new text end

new text begin (1) educate women who may become pregnant, expectant parents, and parents of infants
about CMV; and
new text end

new text begin (2) raise awareness for CMV among health care providers who provide care to expectant
mothers or infants.
new text end

Sec. 11.

Minnesota Statutes 2020, section 144.1205, subdivision 2, is amended to read:


Subd. 2.

new text beginInitial and new text endannual fee.

new text begin (a) A licensee must pay an initial fee that is equivalent
to the annual fee upon issuance of the initial license.
new text end

new text begin (b) new text endA licensee must pay an annual fee at least 60 days before the anniversary date of the
issuance of the license. The annual fee is as follows:

TYPE
deleted text begin ANNUALdeleted text endnew text begin
LICENSE
new text end FEE
Academic broad scope - type Anew text begin, B, or C
new text end
deleted text begin $19,920 deleted text end new text begin
$25,896
new text end
deleted text begin Academic broad scope - type B
deleted text end
deleted text begin 19,920
deleted text end
deleted text begin Academic broad scope - type C
deleted text end
deleted text begin 19,920
deleted text end
new text begin Academic broad scope - type A, B, or C (4-8 locations)
new text end
new text begin $31,075
new text end
new text begin Academic broad scope - type A, B, or C (9 or more locations)
new text end
new text begin $36,254
new text end
Medical broad scope - type A
deleted text begin 19,920 deleted text end new text begin
$25,896
new text end
new text begin Medical broad scope- type A (4-8 locations)
new text end
new text begin $31,075
new text end
new text begin Medical broad scope- type A (9 or more locations)
new text end
new text begin $36,254
new text end
deleted text begin Medical institution - diagnostic and therapeutic
deleted text end
deleted text begin 3,680
deleted text end
new text begin Medical - diagnostic, diagnostic and therapeutic, mobile nuclear
medicine, eye applicators, high dose rate afterloaders, and
medical therapy emerging technologies
new text end
new text begin $4,784
new text end
new text begin Medical - diagnostic, diagnostic and therapeutic, mobile nuclear
medicine, eye applicators, high dose rate afterloaders, and
medical therapy emerging technologies (4-8 locations)
new text end
new text begin $5,740
new text end
new text begin Medical - diagnostic, diagnostic and therapeutic, mobile nuclear
medicine, eye applicators, high dose rate afterloaders, and
medical therapy emerging technologies (9 or more locations)
new text end
new text begin $6,697
new text end
deleted text begin Medical institution - diagnostic (no written directives)
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin Medical private practice - diagnostic and therapeutic
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin Medical private practice - diagnostic (no written directives)
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin Eye applicators
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin Nuclear medical vans
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin High dose rate afterloader
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin Mobile high dose rate afterloader
deleted text end
deleted text begin 3,680
deleted text end
deleted text begin Medical therapy - other emerging technology
deleted text end
deleted text begin 3,680
deleted text end
Teletherapy
deleted text begin 8,960 deleted text end new text begin
$11,648
new text end
Gamma knife
deleted text begin 8,960 deleted text end new text begin
$11,648
new text end
Veterinary medicine
deleted text begin 2,000 deleted text end new text begin $2,600
new text end
In vitro testing lab
deleted text begin 2,000 deleted text end new text begin $2,600
new text end
Nuclear pharmacy
deleted text begin 8,800 deleted text end new text begin
$11,440
new text end
new text begin Nuclear pharmacy (5 or more locations)
new text end
new text begin $13,728
new text end
Radiopharmaceutical distribution (10 CFR 32.72)
deleted text begin 3,840 deleted text end new text begin $4,992
new text end
Radiopharmaceutical processing and distribution (10 CFR
32.72)
deleted text begin 8,800 deleted text end new text begin
$11,440
new text end
new text begin Radiopharmaceutical processing and distribution (10 CFR
32.72) (5 or more locations)
new text end
new text begin $13,728
new text end
Medical sealed sources - distribution (10 CFR 32.74)
deleted text begin 3,840 deleted text end new text begin $4,992
new text end
Medical sealed sources - processing and distribution (10 CFR
32.74)
deleted text begin 8,800 deleted text end new text begin
$11,440
new text end
new text begin Medical sealed sources - processing and distribution (10 CFR
32.74) (5 or more locations)
new text end
new text begin $13,728
new text end
Well logging - sealed sources
deleted text begin 3,760 deleted text end new text begin $4,888
new text end
Measuring systems - new text begin(new text endfixed gaugenew text begin, portable gauge, gas
chromatograph, other)
new text end
deleted text begin 2,000 deleted text end new text begin $2,600
new text end
deleted text begin Measuring systems - portable gauge
deleted text end
deleted text begin 2,000
deleted text end
new text begin Measuring systems - (fixed gauge, portable gauge, gas
chromatograph, other) (4-8 locations)
new text end
new text begin $3,120
new text end
new text begin Measuring systems - (fixed gauge, portable gauge, gas
chromatograph, other) (9 or more locations)
new text end
new text begin $3,640
new text end
X-ray fluorescent analyzer
deleted text begin 1,520 deleted text end new text begin $1,976
new text end
deleted text begin Measuring systems - gas chromatograph
deleted text end
deleted text begin 2,000
deleted text end
deleted text begin Measuring systems - other
deleted text end
deleted text begin 2,000
deleted text end
deleted text begin Broad scopedeleted text end Manufacturing and distribution - type Anew text begin broad
scope
new text end
deleted text begin 19,920 deleted text end new text begin
$25,896
new text end
new text begin Manufacturing and distribution - type A broad scope (4-8
locations)
new text end
new text begin $31,075
new text end
new text begin Manufacturing and distribution - type A broad scope (9 or more
locations)
new text end
new text begin $36,254
new text end
deleted text begin Broad scopedeleted text end Manufacturing and distribution - type Bnew text begin or C broad
scope
new text end
deleted text begin 17,600 deleted text end new text begin
$22,880
new text end
deleted text begin Broad scope Manufacturing and distribution - type C
deleted text end
deleted text begin 17,600
deleted text end
new text begin Manufacturing and distribution - type B or C broad scope (4-8
locations)
new text end
new text begin $27,456
new text end
new text begin Manufacturing and distribution - type B or C broad scope (9
or more locations)
new text end
new text begin $32,032
new text end
Manufacturing and distribution - other
deleted text begin 5,280 deleted text end new text begin $6,864
new text end
new text begin Manufacturing and distribution - other (4-8 locations)
new text end
new text begin $8,236
new text end
new text begin Manufacturing and distribution - other (9 or more locations)
new text end
new text begin $9,609
new text end
Nuclear laundry
deleted text begin 18,640 deleted text end new text begin
$24,232
new text end
Decontamination services
deleted text begin 4,960 deleted text end new text begin $6,448
new text end
Leak test services only
deleted text begin 2,000 deleted text end new text begin $2,600
new text end
Instrument calibration service onlydeleted text begin, less than 100 curies
deleted text end
deleted text begin 2,000 deleted text end new text begin $2,600
new text end
deleted text begin Instrument calibration service only, 100 curies or more
deleted text end
deleted text begin 2,000
deleted text end
Service, maintenance, installation, source changes, etc.
deleted text begin 4,960 deleted text end new text begin $6,448
new text end
Waste disposal service, prepackaged only
deleted text begin 6,000 deleted text end new text begin $7,800
new text end
Waste disposal
deleted text begin 8,320 deleted text end new text begin
$10,816
new text end
Distribution - general licensed devices (sealed sources)
deleted text begin 1,760 deleted text end new text begin $2,288
new text end
Distribution - general licensed material (unsealed sources)
deleted text begin 1,120 deleted text end new text begin $1,456
new text end
Industrial radiography - fixednew text begin or temporarynew text end location
deleted text begin 9,840 deleted text end new text begin
$12,792
new text end
deleted text begin Industrial radiography - temporary job sites
deleted text end
deleted text begin 9,840
deleted text end
new text begin Industrial radiography - fixed or temporary location (5 or more
locations)
new text end
new text begin $16,629
new text end
Irradiators, self-shieldingdeleted text begin, less than 10,000 curies
deleted text end
deleted text begin 2,880 deleted text end new text begin $3,744
new text end
Irradiators, other, less than 10,000 curies
deleted text begin 5,360 deleted text end new text begin $6,968
new text end
deleted text begin Irradiators, self-shielding, 10,000 curies or more
deleted text end
deleted text begin 2,880
deleted text end
Research and development - type Anew text begin, B, or Cnew text end broad scope
deleted text begin 9,520 deleted text end new text begin
$12,376
new text end
deleted text begin Research and development - type B broad scope
deleted text end
deleted text begin 9,520
deleted text end
deleted text begin Research and development - type C broad scope
deleted text end
deleted text begin 9,520
deleted text end
new text begin Research and development - type A, B, or C broad scope (4-8
locations)
new text end
new text begin $14,851
new text end
new text begin Research and development - type A, B, or C broad scope (9 or
more locations)
new text end
new text begin $17,326
new text end
Research and development - other
deleted text begin 4,480 deleted text end new text begin $5,824
new text end
Storage - no operations
deleted text begin 2,000 deleted text end new text begin $2,600
new text end
Source material - shielding
deleted text begin 584 deleted text end new text begin $759
new text end
Special nuclear material plutonium - neutron source in device
deleted text begin 3,680 deleted text end new text begin $4,784
new text end
Pacemaker by-product and/or special nuclear material - medical
(institution)
deleted text begin 3,680 deleted text end new text begin $4,784
new text end
Pacemaker by-product and/or special nuclear material -
manufacturing and distribution
deleted text begin 5,280 deleted text end new text begin $6,864
new text end
Accelerator-produced radioactive material
deleted text begin 3,840 deleted text end new text begin $4,992
new text end
Nonprofit educational institutions
deleted text begin 300 deleted text end new text begin $500
new text end
deleted text begin General license registration
deleted text end
deleted text begin 150
deleted text end

Sec. 12.

Minnesota Statutes 2020, section 144.1205, subdivision 4, is amended to read:


Subd. 4.

new text beginInitial and renewal new text endapplication fee.

A licensee must pay an new text begininitial and a
renewal
new text endapplication fee deleted text beginas follows:deleted text endnew text begin according to this subdivision.
new text end

TYPE
APPLICATION FEE
Academic broad scope - type Anew text begin, B, or C
new text end
deleted text begin $ 5,920 deleted text end new text begin
$6,808
new text end
deleted text begin Academic broad scope - type B
deleted text end
deleted text begin 5,920
deleted text end
deleted text begin Academic broad scope - type C
deleted text end
deleted text begin 5,920
deleted text end
Medical broad scope - type A
deleted text begin 3,920 deleted text end new text begin $4,508
new text end
new text begin Medical - diagnostic, diagnostic and therapeutic, mobile nuclear
medicine, eye applicators, high dose rate afterloaders, and
medical therapy emerging technologies
new text end
new text begin $1,748
new text end
deleted text begin Medical institution - diagnostic and therapeutic
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Medical institution - diagnostic (no written directives)
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Medical private practice - diagnostic and therapeutic
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Medical private practice - diagnostic (no written directives)
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Eye applicators
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Nuclear medical vans
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin High dose rate afterloader
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Mobile high dose rate afterloader
deleted text end
deleted text begin 1,520
deleted text end
deleted text begin Medical therapy - other emerging technology
deleted text end
deleted text begin 1,520
deleted text end
Teletherapy
deleted text begin 5,520 deleted text end new text begin $6,348
new text end
Gamma knife
deleted text begin 5,520 deleted text end new text begin $6,348
new text end
Veterinary medicine
deleted text begin 960 deleted text end new text begin $1,104
new text end
In vitro testing lab
deleted text begin 960 deleted text end new text begin $1,104
new text end
Nuclear pharmacy
deleted text begin 4,880 deleted text end new text begin $5,612
new text end
Radiopharmaceutical distribution (10 CFR 32.72)
deleted text begin 2,160 deleted text end new text begin $2,484
new text end
Radiopharmaceutical processing and distribution (10 CFR
32.72)
deleted text begin 4,880 deleted text end new text begin $5,612
new text end
Medical sealed sources - distribution (10 CFR 32.74)
deleted text begin 2,160 deleted text end new text begin $2,484
new text end
Medical sealed sources - processing and distribution (10 CFR
32.74)
deleted text begin 4,880 deleted text end new text begin $5,612
new text end
Well logging - sealed sources
deleted text begin 1,600 deleted text end new text begin $1,840
new text end
Measuring systems - new text begin(new text endfixed gaugenew text begin, portable gauge, gas
chromatograph, other)
new text end
deleted text begin 960 deleted text end new text begin $1,104
new text end
deleted text begin Measuring systems - portable gauge
deleted text end
deleted text begin 960
deleted text end
X-ray fluorescent analyzer
deleted text begin 584 deleted text end new text begin $671
new text end
deleted text begin Measuring systems - gas chromatograph
deleted text end
deleted text begin 960
deleted text end
deleted text begin Measuring systems - other
deleted text end
deleted text begin 960
deleted text end
deleted text begin Broad scopedeleted text end Manufacturing and distribution - type Anew text begin, B, and
C broad scope
new text end
deleted text begin 5,920 deleted text end new text begin $6,854
new text end
deleted text begin Broad scope manufacturing and distribution - type B
deleted text end
deleted text begin 5,920
deleted text end
deleted text begin Broad scope manufacturing and distribution - type C
deleted text end
deleted text begin 5,920
deleted text end
Manufacturing and distribution - other
deleted text begin 2,320 deleted text end new text begin $2,668
new text end
Nuclear laundry
deleted text begin 10,080 deleted text end new text begin
$11,592
new text end
Decontamination services
deleted text begin 2,640 deleted text end new text begin $3,036
new text end
Leak test services only
deleted text begin 960 deleted text end new text begin $1,104
new text end
Instrument calibration service onlydeleted text begin, less than 100 curies
deleted text end
deleted text begin 960 deleted text end new text begin $1,104
new text end
deleted text begin Instrument calibration service only, 100 curies or more
deleted text end
deleted text begin 960
deleted text end
Service, maintenance, installation, source changes, etc.
deleted text begin 2,640 deleted text end new text begin $3,036
new text end
Waste disposal service, prepackaged only
deleted text begin 2,240 deleted text end new text begin $2,576
new text end
Waste disposal
deleted text begin 1,520 deleted text end new text begin $1,748
new text end
Distribution - general licensed devices (sealed sources)
deleted text begin 880 deleted text end new text begin $1,012
new text end
Distribution - general licensed material (unsealed sources)
deleted text begin 520 deleted text end new text begin $598
new text end
Industrial radiography - fixed new text beginor temporary new text endlocation
deleted text begin 2,640 deleted text end new text begin $3,036
new text end
deleted text begin Industrial radiography - temporary job sites
deleted text end
deleted text begin 2,640
deleted text end
Irradiators, self-shieldingdeleted text begin, less than 10,000 curies
deleted text end
deleted text begin 1,440 deleted text end new text begin $1,656
new text end
Irradiators, other, less than 10,000 curies
deleted text begin 2,960 deleted text end new text begin $3,404
new text end
deleted text begin Irradiators, self-shielding, 10,000 curies or more
deleted text end
deleted text begin 1,440
deleted text end
Research and development - type Anew text begin, B, or Cnew text end broad scope
deleted text begin 4,960 deleted text end new text begin $5,704
new text end
deleted text begin Research and development - type B broad scope
deleted text end
deleted text begin 4,960
deleted text end
deleted text begin Research and development - type C broad scope
deleted text end
deleted text begin 4,960
deleted text end
Research and development - other
deleted text begin 2,400 deleted text end new text begin $2,760
new text end
Storage - no operations
deleted text begin 960 deleted text end new text begin $1,104
new text end
Source material - shielding
deleted text begin 136 deleted text end new text begin $156
new text end
Special nuclear material plutonium - neutron source in device
deleted text begin 1,200 deleted text end new text begin $1,380
new text end
Pacemaker by-product and/or special nuclear material - medical
(institution)
deleted text begin 1,200 deleted text end new text begin $1,380
new text end
Pacemaker by-product and/or special nuclear material -
manufacturing and distribution
deleted text begin 2,320 deleted text end new text begin $2,668
new text end
Accelerator-produced radioactive material
deleted text begin 4,100 deleted text end new text begin $4,715
new text end
Nonprofit educational institutions
deleted text begin 300 deleted text end new text begin $345
new text end
deleted text begin General license registration
deleted text end
deleted text begin 0
deleted text end
deleted text begin Industrial radiographer certification
deleted text end
deleted text begin 150
deleted text end

Sec. 13.

Minnesota Statutes 2020, section 144.1205, subdivision 8, is amended to read:


Subd. 8.

Reciprocity fee.

A licensee submitting an application for reciprocal recognition
of a materials license issued by another agreement state or the United States Nuclear
Regulatory Commission for a period of 180 days or less during a calendar year must pay
deleted text begin $1,200deleted text endnew text begin $2,400new text end. For a period of 181 days or more, the licensee must obtain a license under
subdivision 4.

Sec. 14.

Minnesota Statutes 2020, section 144.1205, subdivision 9, is amended to read:


Subd. 9.

Fees for license amendments.

A licensee must pay a fee of deleted text begin$300deleted text endnew text begin $600new text end to
amend a license as follows:

(1) to amend a license requiring review including, but not limited to, addition of isotopes,
procedure changes, new authorized users, or a new radiation safety officer; and

(2) to amend a license requiring review and a site visit including, but not limited to,
facility move or addition of processes.

Sec. 15.

Minnesota Statutes 2020, section 144.1205, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Fees for general license registrations. new text end

new text begin A person required to register generally
licensed devices according to Minnesota Rules, part 4731.3215, must pay an annual
registration fee of $450.
new text end

Sec. 16.

Minnesota Statutes 2020, section 144.125, subdivision 1, is amended to read:


Subdivision 1.

Duty to perform testing.

(a) It is the duty of (1) the administrative officer
or other person in charge of each institution caring for infants 28 days or less of age, (2) the
person required in pursuance of the provisions of section 144.215, to register the birth of a
child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have
administered to every infant or child in its care tests for heritable and congenital disorders
according to subdivision 2 and rules prescribed by the state commissioner of health.

(b) Testing, recording of test results, reporting of test results, and follow-up of infants
with heritable congenital disorders, including hearing loss detected through the early hearing
detection and intervention program in section 144.966, shall be performed at the times and
in the manner prescribed by the commissioner of health.

(c) The fee to support the newborn screening program, including tests administered
under this section and section 144.966, shall be deleted text begin$135deleted text endnew text begin $177new text end per specimen. This fee amount
shall be deposited in the state treasury and credited to the state government special revenue
fund.

(d) The fee to offset the cost of the support services provided under section 144.966,
subdivision 3a, shall be $15 per specimen. This fee shall be deposited in the state treasury
and credited to the general fund.

Sec. 17.

Minnesota Statutes 2020, section 144.125, subdivision 2, is amended to read:


Subd. 2.

Determination of tests to be administered.

new text begin(a) new text endThe commissioner shall
periodically revise the list of tests to be administered for determining the presence of a
heritable or congenital disorder. Revisions to the list shall reflect advances in medical
science, new and improved testing methods, or other factors that will improve the public
health. In determining whether a test must be administered, the commissioner shall take
into consideration the adequacy of analytical methods to detect the heritable or congenital
disorder, the ability to treat or prevent medical conditions caused by the heritable or
congenital disorder, and the severity of the medical conditions caused by the heritable or
congenital disorder. The list of tests to be performed may be revised if the changes are
recommended by the advisory committee established under section 144.1255, approved by
the commissioner, and published in the State Register. The revision is exempt from the
rulemaking requirements in chapter 14, and sections 14.385 and 14.386 do not apply.

new text begin (b) Notwithstanding paragraph (a), a test to detect congenital human herpesvirus
cytomegalovirus shall be added to the list of tests to be administered under this section.
new text end

Sec. 18.

new text begin [144.1461] PREGNANCY AND CHILDBIRTH; MIDWIFE AND DOULA
CARE.
new text end

new text begin In order to improve maternal and infant health as well as improving birth outcomes in
groups with the most significant disparities that include Black, Indigenous, and other
communities of color; rural communities; and people with low incomes, the commissioner
of health in partnership with patient groups and culturally based community organizations
shall, within existing appropriations:
new text end

new text begin (1) develop procedures and services designed for making midwife and doula services
available to groups with the most maternal and infant mortality and morbidity disparities;
new text end

new text begin (2) promote racial, ethnic, and language diversity in the midwife and doula workforce
that better aligns with the childbearing population in groups with the most significant
maternal and infant mortality and morbidity disparities; and
new text end

new text begin (3) ensure that midwife and doula training and education is tailored to the specific needs
of groups with the most significant maternal and infant mortality and morbidity disparities,
including trauma-informed care, maternal mood disorders, intimate partner violence, and
systemic racism.
new text end

Sec. 19.

Minnesota Statutes 2020, section 144.1481, subdivision 1, is amended to read:


Subdivision 1.

Establishment; membership.

The commissioner of health shall establish
a deleted text begin15-memberdeleted text endnew text begin 16-membernew text end Rural Health Advisory Committee. The committee shall consist
of the following members, all of whom must reside outside the seven-county metropolitan
area, as defined in section 473.121, subdivision 2:

(1) two members from the house of representatives of the state of Minnesota, one from
the majority party and one from the minority party;

(2) two members from the senate of the state of Minnesota, one from the majority party
and one from the minority party;

(3) a volunteer member of an ambulance service based outside the seven-county
metropolitan area;

(4) a representative of a hospital located outside the seven-county metropolitan area;

(5) a representative of a nursing home located outside the seven-county metropolitan
area;

(6) a medical doctor or doctor of osteopathic medicine licensed under chapter 147;

(7) new text begina dentist licensed under chapter 150A;
new text end

new text begin (8) new text enda midlevel practitioner;

deleted text begin (8)deleted text endnew text begin (9)new text end a registered nurse or licensed practical nurse;

deleted text begin (9)deleted text endnew text begin (10)new text end a licensed health care professional from an occupation not otherwise represented
on the committee;

deleted text begin (10)deleted text endnew text begin (11)new text end a representative of an institution of higher education located outside the
seven-county metropolitan area that provides training for rural health care providers; and

deleted text begin (11)deleted text endnew text begin (12)new text end three consumers, at least one of whom must be an advocate for persons who
are mentally ill or developmentally disabled.

The commissioner will make recommendations for committee membership. Committee
members will be appointed by the governor. In making appointments, the governor shall
ensure that appointments provide geographic balance among those areas of the state outside
the seven-county metropolitan area. The chair of the committee shall be elected by the
members. The advisory committee is governed by section 15.059, except that the members
do not receive per diem compensation.

Sec. 20.

Minnesota Statutes 2020, section 144.216, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Reporting safe place newborn births. new text end

new text begin A hospital that receives a safe place
newborn under section 145.902 shall report the birth of the newborn to the Office of Vital
Records within five days after receiving the newborn. The state registrar must register
information about the safe place newborn according to Minnesota Rules, part 4601.0600,
subpart 4, item C.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 21.

Minnesota Statutes 2020, section 144.216, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Status of safe place birth registrations. new text end

new text begin (a) Information about the safe place
newborn registered under subdivision 3 shall constitute the record of birth for the child. The
birth record for the child is confidential data on individuals as defined in section 13.02,
subdivision 3. Information about the child's birth record or a child's birth certificate issued
from the child's birth record shall be disclosed only to the responsible social services agency
as defined in section 260C.007, subdivision 27a, or pursuant to court order.
new text end

new text begin (b) Pursuant to section 144.218, subdivision 6, if the safe place newborn was born in a
hospital and it is known that the child's record of birth was registered, the Office of Vital
Records shall replace the original birth record registered under section 144.215.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 22.

Minnesota Statutes 2020, section 144.218, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Safe place newborns. new text end

new text begin If a hospital receives a safe place newborn under section
145.902 and it is known that the child's record of birth was registered, the hospital shall
report the newborn to the Office of Vital Records and identify the child's birth record. The
state registrar shall issue a replacement birth record for the child that is free of information
that identifies a parent. The prior vital record is confidential data on individuals as defined
in section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 23.

Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:


Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance office
shall issue a certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided by the
commissioner and payment of the required fee:

(1) to a person who deleted text beginhas a tangible interest in the requested vital record. A person who
has a tangible interest
deleted text end is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

deleted text begin (vii) the party responsible for filing the vital record;
deleted text end

deleted text begin (viii)deleted text endnew text begin (vii)new text end the legal custodian, guardian or conservator, or health care agent of the subject;

deleted text begin (ix)deleted text endnew text begin (viii)new text end a personal representative, by sworn affidavit of the fact that the certified copy
is required for administration of the estate;

deleted text begin (x)deleted text endnew text begin (ix)new text end a successor of the subject, as defined in section 524.1-201, if the subject is
deceased, by sworn affidavit of the fact that the certified copy is required for administration
of the estate;

deleted text begin (xi)deleted text endnew text begin (x)new text end if the requested record is a death record, a trustee of a trust by sworn affidavit
of the fact that the certified copy is needed for the proper administration of the trust;

deleted text begin (xii)deleted text endnew text begin (xi)new text end a person or entity who demonstrates that a certified vital record is necessary
for the determination or protection of a personal or property right, pursuant to rules adopted
by the commissioner; or

deleted text begin (xiii)deleted text endnew text begin (xii)new text end an adoption agency in order to complete confidential postadoption searches
as required by section 259.83;

(2) to any local, state, tribal, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney new text beginrepresenting the subject of the vital record or another person listed in
clause (1),
new text endupon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes
of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to
an individual described in paragraph (a), clause (1), items (ii) to deleted text begin(viii)deleted text endnew text begin (xi)new text end, if, on behalf of
the individual, a licensed mortician furnishes the registrar with a properly completed
attestation in the form provided by the commissioner within 180 days of the time of death
of the subject of the death record. This paragraph is not subject to the requirements specified
in Minnesota Rules, part 4601.2600, subpart 5, item B.

Sec. 24.

Minnesota Statutes 2020, section 144.226, subdivision 1, is amended to read:


Subdivision 1.

Which services are for fee.

(a) The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(b) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable.

(c) The fee for processing a request for the replacement of a birth record for all events,
except new text beginfor safe place newborns pursuant to section 144.218, subdivision 6, and new text endwhen filing
a recognition of parentage pursuant to section 257.73, subdivision 1, is $40. The fee is
payable at the time of application and is nonrefundable.

(d) The fee for administrative review and processing of a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of
application and is nonrefundable.

(e) The fee for administrative review and processing of a request for the amendment of
any vital record is $40. The fee is payable at the time of application and is nonrefundable.

(f) The fee for administrative review and processing of a request for the verification of
information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

(g) The fee for administrative review and processing of a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a related document
cannot be found is $9. The fee is payable at the time of application and is nonrefundable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 25.

Minnesota Statutes 2020, section 144.551, subdivision 1, is amended to read:


Subdivision 1.

Restricted construction or modification.

(a) The following construction
or modification may not be commenced:

(1) any erection, building, alteration, reconstruction, modernization, improvement,
extension, lease, or other acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one physical facility, complex, or site
to another, or otherwise results in an increase or redistribution of hospital beds within the
state; and

(2) the establishment of a new hospital.

(b) This section does not apply to:

(1) construction or relocation within a county by a hospital, clinic, or other health care
facility that is a national referral center engaged in substantial programs of patient care,
medical research, and medical education meeting state and national needs that receives more
than 40 percent of its patients from outside the state of Minnesota;

(2) a project for construction or modification for which a health care facility held an
approved certificate of need on May 1, 1984, regardless of the date of expiration of the
certificate;

(3) a project for which a certificate of need was denied before July 1, 1990, if a timely
appeal results in an order reversing the denial;

(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200,
section 2;

(5) a project involving consolidation of pediatric specialty hospital services within the
Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number
of pediatric specialty hospital beds among the hospitals being consolidated;

(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to
an existing licensed hospital that will allow for the reconstruction of a new philanthropic,
pediatric-orthopedic hospital on an existing site and that will not result in a net increase in
the number of hospital beds. Upon completion of the reconstruction, the licenses of both
hospitals must be reinstated at the capacity that existed on each site before the relocation;

(7) the relocation or redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or redistribution does not result
in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from
one physical site or complex to another; or (iii) redistribution of hospital beds within the
state or a region of the state;

(8) relocation or redistribution of hospital beds within a hospital corporate system that
involves the transfer of beds from a closed facility site or complex to an existing site or
complex provided that: (i) no more than 50 percent of the capacity of the closed facility is
transferred; (ii) the capacity of the site or complex to which the beds are transferred does
not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal
health systems agency boundary in place on July 1, 1983; and (iv) the relocation or
redistribution does not involve the construction of a new hospital building;

(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice
County that primarily serves adolescents and that receives more than 70 percent of its
patients from outside the state of Minnesota;

(10) a project to replace a hospital or hospitals with a combined licensed capacity of
130 beds or less if: (i) the new hospital site is located within five miles of the current site;
and (ii) the total licensed capacity of the replacement hospital, either at the time of
construction of the initial building or as the result of future expansion, will not exceed 70
licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;

(11) the relocation of licensed hospital beds from an existing state facility operated by
the commissioner of human services to a new or existing facility, building, or complex
operated by the commissioner of human services; from one regional treatment center site
to another; or from one building or site to a new or existing building or site on the same
campus;

(12) the construction or relocation of hospital beds operated by a hospital having a
statutory obligation to provide hospital and medical services for the indigent that does not
result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27
beds, of which 12 serve mental health needs, may be transferred from Hennepin County
Medical Center to Regions Hospital under this clause;

(13) a construction project involving the addition of up to 31 new beds in an existing
nonfederal hospital in Beltrami County;

(14) a construction project involving the addition of up to eight new beds in an existing
nonfederal hospital in Otter Tail County with 100 licensed acute care beds;

(15) a construction project involving the addition of 20 new hospital beds in an existing
hospital in Carver County serving the southwest suburban metropolitan area;

(16) a project for the construction or relocation of up to 20 hospital beds for the operation
of up to two psychiatric facilities or units for children provided that the operation of the
facilities or units have received the approval of the commissioner of human services;

(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation
services in an existing hospital in Itasca County;

(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County
that closed 20 rehabilitation beds in 2002, provided that the beds are used only for
rehabilitation in the hospital's current rehabilitation building. If the beds are used for another
purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;

(19) a critical access hospital established under section 144.1483, clause (9), and section
1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that
delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33,
to the extent that the critical access hospital does not seek to exceed the maximum number
of beds permitted such hospital under federal law;

(20) notwithstanding section 144.552, a project for the construction of a new hospital
in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:

(i) the project, including each hospital or health system that will own or control the entity
that will hold the new hospital license, is approved by a resolution of the Maple Grove City
Council as of March 1, 2006;

(ii) the entity that will hold the new hospital license will be owned or controlled by one
or more not-for-profit hospitals or health systems that have previously submitted a plan or
plans for a project in Maple Grove as required under section 144.552, and the plan or plans
have been found to be in the public interest by the commissioner of health as of April 1,
2005;

(iii) the new hospital's initial inpatient services must include, but are not limited to,
medical and surgical services, obstetrical and gynecological services, intensive care services,
orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health
services, and emergency room services;

(iv) the new hospital:

(A) will have the ability to provide and staff sufficient new beds to meet the growing
needs of the Maple Grove service area and the surrounding communities currently being
served by the hospital or health system that will own or control the entity that will hold the
new hospital license;

(B) will provide uncompensated care;

(C) will provide mental health services, including inpatient beds;

(D) will be a site for workforce development for a broad spectrum of health-care-related
occupations and have a commitment to providing clinical training programs for physicians
and other health care providers;

(E) will demonstrate a commitment to quality care and patient safety;

(F) will have an electronic medical records system, including physician order entry;

(G) will provide a broad range of senior services;

(H) will provide emergency medical services that will coordinate care with regional
providers of trauma services and licensed emergency ambulance services in order to enhance
the continuity of care for emergency medical patients; and

(I) will be completed by December 31, 2009, unless delayed by circumstances beyond
the control of the entity holding the new hospital license; and

(v) as of 30 days following submission of a written plan, the commissioner of health
has not determined that the hospitals or health systems that will own or control the entity
that will hold the new hospital license are unable to meet the criteria of this clause;

(21) a project approved under section 144.553;

(22) a project for the construction of a hospital with up to 25 beds in Cass County within
a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder
is approved by the Cass County Board;

(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity
from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing
a separately licensed 13-bed skilled nursing facility;

(24) notwithstanding section 144.552, a project for the construction and expansion of a
specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients
who are under 21 years of age on the date of admission. The commissioner conducted a
public interest review of the mental health needs of Minnesota and the Twin Cities
metropolitan area in 2008. No further public interest review shall be conducted for the
construction or expansion project under this clause;

(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the
commissioner finds the project is in the public interest after the public interest review
conducted under section 144.552 is complete;

(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the city
of Maple Grove, exclusively for patients who are under 21 years of age on the date of
admission, if the commissioner finds the project is in the public interest after the public
interest review conducted under section 144.552 is complete;

(ii) this project shall serve patients in the continuing care benefit program under section
256.9693. The project may also serve patients not in the continuing care benefit program;
and

(iii) if the project ceases to participate in the continuing care benefit program, the
commissioner must complete a subsequent public interest review under section 144.552. If
the project is found not to be in the public interest, the license must be terminated six months
from the date of that finding. If the commissioner of human services terminates the contract
without cause or reduces per diem payment rates for patients under the continuing care
benefit program below the rates in effect for services provided on December 31, 2015, the
project may cease to participate in the continuing care benefit program and continue to
operate without a subsequent public interest review;

(27) a project involving the addition of 21 new beds in an existing psychiatric hospital
in Hennepin County that is exclusively for patients who are under 21 years of age on the
date of admission; deleted text beginor
deleted text end

(28) a project to add 55 licensed beds in an existing safety net, level I trauma center
hospital in Ramsey County as designated under section 383A.91, subdivision 5, of which
15 beds are to be used for inpatient mental health and 40 are to be used for other services.
In addition, five unlicensed observation mental health beds shall be addeddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (29) notwithstanding section 144.552, a project to add 45 licensed beds in an existing
safety net, level I trauma center hospital in Ramsey County as designated under section
383A.91, subdivision 5. The commissioner conducted a public interest review of the
construction and expansion of this hospital in 2018. No further public interest review shall
be conducted for the project under this clause.
new text end

Sec. 26.

new text begin [145.87] HOME VISITING FOR PREGNANT WOMEN AND FAMILIES
WITH YOUNG CHILDREN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section
and have the meanings given them.
new text end

new text begin (b) "Evidence-based home visiting program" means a program that:
new text end

new text begin (1) is based on a clear, consistent program or model that is research-based and grounded
in relevant, empirically based knowledge;
new text end

new text begin (2) is linked to program-determined outcomes and is associated with a national
organization, institution of higher education, or national or state public health institute;
new text end

new text begin (3) has comprehensive home visitation standards that ensure high-quality service delivery
and continuous quality improvement;
new text end

new text begin (4) has demonstrated significant, sustained positive outcomes; and
new text end

new text begin (5) either:
new text end

new text begin (i) has been evaluated using rigorous randomized controlled research designs and the
evaluation results have been published in a peer-reviewed journal; or
new text end

new text begin (ii) is based on quasi-experimental research using two or more separate, comparable
client samples.
new text end

new text begin (c) "Evidence-informed home visiting program" means a program that:
new text end

new text begin (1) has data or evidence demonstrating effectiveness at achieving positive outcomes for
pregnant women and young children; and
new text end

new text begin (2) either:
new text end

new text begin (i) has an active evaluation of the program; or
new text end

new text begin (ii) has a plan and timeline for an active evaluation of the program to be conducted.
new text end

new text begin (d) "Health equity" means every individual has a fair opportunity to attain the individual's
full health potential and no individual is disadvantaged from achieving this potential.
new text end

new text begin (e) "Promising practice home visiting program" means a program that has shown
improvement toward achieving positive outcomes for pregnant women or young children.
new text end

new text begin Subd. 2. new text end

new text begin Grants for home visiting programs. new text end

new text begin (a) The commissioner of health shall
award grants to community health boards, nonprofit organizations, and Tribal nations to
start up or expand voluntary home visiting programs serving pregnant women and families
with young children. Home visiting programs supported under this section shall provide
voluntary home visits by early childhood professionals or health professionals, including
but not limited to nurses, social workers, early childhood educators, and trained
paraprofessionals. Grant money shall be used to:
new text end

new text begin (1) establish or expand evidence-based, evidence-informed, or promising practice home
visiting programs that address health equity and utilize community-driven health strategies;
new text end

new text begin (2) serve families with young children or pregnant women who have high needs or are
high-risk, including but not limited to a family with low income, a parent or pregnant woman
with a mental illness or a substance use disorder, or a parent or pregnant woman experiencing
housing instability or domestic abuse; and
new text end

new text begin (3) improve program outcomes in two or more of the following areas:
new text end

new text begin (i) maternal and newborn health;
new text end

new text begin (ii) school readiness and achievement;
new text end

new text begin (iii) family economic self-sufficiency;
new text end

new text begin (iv) coordination and referral for other community resources and supports;
new text end

new text begin (v) reduction in child injuries, abuse, or neglect; or
new text end

new text begin (vi) reduction in crime or domestic violence.
new text end

new text begin (b) Grants awarded to evidence-informed and promising practice home visiting programs
must include money to evaluate program outcomes for up to four of the areas listed in
paragraph (a), clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Grant prioritization. new text end

new text begin (a) In awarding grants, the commissioner shall give
priority to community health boards, nonprofit organizations, and Tribal nations seeking to
expand home visiting services with community or regional partnerships.
new text end

new text begin (b) The commissioner shall allocate at least 75 percent of the grant money awarded each
grant cycle to evidence-based home visiting programs that address health equity and up to
25 percent of the grant money awarded each grant cycle to evidence-informed or promising
practice home visiting programs that address health equity and utilize community-driven
health strategies.
new text end

new text begin Subd. 4. new text end

new text begin Administrative costs. new text end

new text begin The commissioner may use up to seven percent of the
annual appropriation under this section to provide training and technical assistance and to
administer and evaluate the program. The commissioner may contract for training,
capacity-building support for grantees or potential grantees, technical assistance, and
evaluation support.
new text end

new text begin Subd. 5. new text end

new text begin Use of state general fund appropriations. new text end

new text begin Appropriations dedicated to
establishing or expanding evidence-based home visiting programs shall, for grants awarded
on or after July 1, 2021, be awarded according to this section. This section shall not govern
grant awards of federal funds for home visiting programs and shall not govern grant awards
using state general fund appropriations dedicated to establishing or expanding nurse-family
partnership home visiting programs.
new text end

Sec. 27.

Minnesota Statutes 2020, section 145.902, is amended to read:


145.902 GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS DUTIES;
IMMUNITY.

Subdivision 1.

General.

(a) For purposes of this section, a "safe place" means a hospital
licensed under sections 144.50 to 144.56,new text begin including the hospital where the newborn was
born,
new text end a health care provider who provides urgent care medical services, or an ambulance
service licensed under chapter 144E dispatched in response to a 911 call from a mother or
a person with the mother's permission to relinquish a newborn infant.

(b) A safe place shall receive a newborn left with an employee on the premises of the
safe place during its hours of operation, provided that:

(1) the newborn was born within seven days of being left at the safe place, as determined
within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

(c) The safe place must not inquire as to the identity of the mother or the person leaving
the newborn or call the police, provided the newborn is unharmed when presented to the
hospital. The safe place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn new text beginand if the newborn may have lineage to an Indian
Tribe and, if known, the name of the Tribe
new text endbut the mother or the person leaving the newborn
is not required to provide any information. The safe place may provide the mother or the
person leaving the newborn with information about how to contact relevant social service
agencies.

(d) A safe place that is a health care provider who provides urgent care medical services
shall dial 911, advise the dispatcher that the call is being made from a safe place for
newborns, and ask the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An ambulance with whom a newborn is left shall
transport the newborn to a hospital for care. Hospitals must receive a newborn left with a
safe place and make the report as required in subdivision 2.

Subd. 2.

Reporting.

new text begin(a) new text endWithin 24 hours of receiving a newborn under this section, the
hospital must inform the responsible social service agency that a newborn has been left at
the hospital, but must not do so in the presence of the mother or the person leaving the
newborn. The hospital must provide necessary care to the newborn pending assumption of
legal responsibility by the responsible social service agency pursuant to section 260C.139,
subdivision 5
.

new text begin (b) Within five days of receiving a newborn under this section, a hospital shall report
the newborn to the Office of Vital Records pursuant to section 144.216, subdivision 3. If a
hospital receives a safe place newborn under section 145.902 and it is known that the child's
record of birth was registered because the newborn was born at that hospital, the hospital
shall report the newborn to the Office of Vital Records and identify the child's birth record.
The state registrar shall issue a replacement birth record for the child pursuant to section
144.218, subdivision 6.
new text end

Subd. 3.

Immunity.

(a) A safe place with responsibility for performing duties under
this section, and any employee, doctor, ambulance personnel, or other medical professional
working at the safe place, are immune from any criminal liability that otherwise might result
from their actions, if they are acting in good faith in receiving a newborn, and are immune
from any civil liability that otherwise might result from merely receiving a newborn.

(b) A safe place performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the safe place who is a mandated reporter
under chapter 260E, is immune from any criminal or civil liability that otherwise might
result from the failure to make a report under that section if the person is acting in good
faith in complying with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 28.

Minnesota Statutes 2020, section 326.71, subdivision 4, is amended to read:


Subd. 4.

Asbestos-related work.

"Asbestos-related work" means the enclosure, removal,
or encapsulation of asbestos-containing material in a quantity that meets or exceeds 260
linear feet of friable asbestos-containing material on pipes, 160 square feet of friable
asbestos-containing material on other facility components, or, if linear feet or square feet
cannot be measured, a total of 35 cubic feet of friable asbestos-containing material on or
off all facility components in one facility. In the case of single or multifamily residences,
"asbestos-related work" also means the enclosure, removal, or encapsulation of greater than
ten but less than 260 linear feet of friable asbestos-containing material on pipes, greater
than six but less than 160 square feet of friable asbestos-containing material on other facility
components, or, if linear feet or square feet cannot be measured, greater than one cubic foot
but less than 35 cubic feet of friable asbestos-containing material on or off all facility
components in one facility. deleted text beginThis provision excludes asbestos-containing floor tiles and
sheeting, roofing materials, siding, and all ceilings with asbestos-containing material in
single family residences and buildings with no more than four dwelling units.
deleted text end
Asbestos-related work includes asbestos abatement area preparation; enclosure, removal,
or encapsulation operations; and an air quality monitoring specified in rule to assure that
the abatement and adjacent areas are not contaminated with asbestos fibers during the project
and after completion.

For purposes of this subdivision, the quantity of deleted text beginasbestos containingdeleted text end material applies
separately for every project.

Sec. 29.

Minnesota Statutes 2020, section 326.75, subdivision 1, is amended to read:


Subdivision 1.

Licensing fee.

A person required to be licensed under section 326.72
shall, before receipt of the license and before causing asbestos-related work to be performed,
pay the commissioner an annual license fee of deleted text begin$100deleted text endnew text begin $105new text end.

Sec. 30.

Minnesota Statutes 2020, section 326.75, subdivision 2, is amended to read:


Subd. 2.

Certification fee.

An individual required to be certified new text beginas an asbestos worker
or asbestos site supervisor
new text endunder section 326.73, subdivision 1, shall pay the commissioner
a certification fee of deleted text begin$50deleted text endnew text begin $52.50new text end before the issuance of the certificate. deleted text beginThe commissioner
may establish by rule fees required before the issuance of
deleted text endnew text begin An individual required to be
certified as an
new text end asbestos inspector, asbestos management planner, and asbestos project
designer deleted text begincertificates requireddeleted text end under section 326.73, subdivisions 2, 3, and 4new text begin, shall pay the
commissioner a certification fee of $105 before the issuance of the certificate
new text end.

Sec. 31.

Minnesota Statutes 2020, section 326.75, subdivision 3, is amended to read:


Subd. 3.

Permit fee.

Five calendar days before beginning asbestos-related work, a person
shall pay a project permit fee to the commissioner equal to deleted text beginonedeleted text endnew text begin twonew text end percent of the total costs
of the asbestos-related work. For asbestos-related work performed in single or multifamily
residences, of greater than ten but less than 260 linear feet of asbestos-containing material
on pipes, or greater than six but less than 160 square feet of asbestos-containing material
on other facility components, a person shall pay a project permit fee of $35 to the
commissioner.

Sec. 32. new text beginDEVELOPMENT OF CURRICULUM.
new text end

new text begin Of the appropriation in fiscal year 2022 to the commissioner of health for health
disparities grants under Minnesota Statutes, section 145.928, $275,000 shall be allocated
for a grant to the University of Minnesota School of Public Health's Center for Antiracism
Research for Health Equity, to develop a model curriculum on antiracism and implicit bias
for hospitals with obstetric care and birth centers to use to provide continuing education to
staff who care for pregnant or postpartum patients. The model curriculum must be
evidence-based. This is a onetime allocation.
new text end

ARTICLE 3

HEALTH OCCUPATION AND HEALTH RELATED LICENSING BOARDS

Section 1.

Minnesota Statutes 2020, section 144E.001, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Education program primary instructor or primary instructor. new text end

new text begin "Education
program primary instructor" or "primary instructor" means an individual, as approved by
the board, who serves as the lead instructor of an emergency medical care initial certification
course and who is responsible for planning or conducting the course according to the most
current version of the National EMS Education Standards by the NHTSA, United States
Department of Transportation.
new text end

Sec. 2.

Minnesota Statutes 2020, section 144E.27, is amended to read:


144E.27 deleted text beginEDUCATION PROGRAMS; BOARD APPROVALdeleted text endnew text begin REGISTRATION
OF EMR
new text end.

Subdivision 1.

Education program instructor.

An education program instructor must
be an emergency medical responder, EMT, AEMT, paramedic, physician, physician assistant,
or registered nurse.

Subd. 1a.

Approval required.

(a) All education programs for an emergency medical
responder must be approved by the board.

(b) To be approved by the board, an education program must:

(1) submit an application prescribed by the board that includes:

(i) type and length of course to be offered;

(ii) names, addresses, and qualifications of the program medical director, program
education coordinator, and instructors;

(iii) admission criteria for students; and

(iv) materials and equipment to be used;

(2) for each course, implement the most current version of the United States Department
of Transportation EMS Education Standards, or its equivalent as determined by the board
applicable to Emergency Medical Responder registration education;

(3) have a program medical director and a program coordinator;

(4) have at least one instructor for every ten students at the practical skill stations;

(5) retain documentation of program approval by the board, course outline, and student
information; and

(6) submit the appropriate fee as required under section 144E.29.

(c) The National EMS Education Standards by the NHTSA, United States Department
of Transportation contains the minimal entry level of knowledge and skills for emergency
medical responders. Medical directors of emergency medical responder groups may expand
the knowledge and skill set.

Subd. 2.

Registrationnew text begin requirementsnew text end.

To be eligible for registration with the board as
an emergency medical responder, an individual shall complete a board-approved application
form and:

(1) successfully complete a board-approved initial emergency medical responder
education program. Registration under this clause is valid for two years and expires on
October 31; or

(2) be credentialed as an emergency medical responder by the National Registry of
Emergency Medical Technicians. Registration under this clause expires the same day as
the National Registry credential.

Subd. 2a.

Registration new text beginexpiration new text enddates.

new text beginEmergency medical responder new text endregistration
expiration dates are as follows:

(1) for initial registration granted between January 1 and June 30 of an even-numbered
year, the expiration date is October 31 of the next even-numbered year;

(2) for initial registration granted between July 1 and December 31 of an even-numbered
year, the expiration date is October 31 of the second odd-numbered year;

(3) for initial registration granted between January 1 and June 30 of an odd-numbered
year, the expiration date is October 31 of the next odd-numbered year; and

(4) for initial registration granted between July 1 and December 31 of an odd-numbered
year, the expiration date is October 31 of the second even-numbered year.

Subd. 3.

Renewal.

(a) The board may renew the registration of an emergency medical
responder who:

(1) successfully completes a board-approved refresher course; deleted text beginand
deleted text end

(2) new text beginsuccessfully completes a course in cardiopulmonary resuscitation approved by the
board or the licensee's medical director; and
new text end

new text begin (3) new text endsubmits a completed renewal application to the board before the registration expiration
date.

(b) The board may renew the lapsed registration of an emergency medical responder
who:

(1) successfully completes a board-approved refresher course; deleted text beginand
deleted text end

(2)new text begin successfully completes a course in cardiopulmonary resuscitation approved by the
board or the licensee's medical director; and
new text end

new text begin (3)new text end submits a completed renewal application to the board within 12 months after the
registration expiration date.

Subd. 5.

Denial, suspension, revocation.

(a) The board may deny, suspend, revoke,
place conditions on, or refuse to renew the registration new text beginas an emergency medical responder
new text end of an individual who the board determines:

(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sections, an
agreement for corrective action, or an order that the board issued or is otherwise empowered
to enforce;

(2) misrepresents or falsifies information on an application form for registration;

(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor
relating to assault, sexual misconduct, theft, or the illegal use of drugs or alcohol; or any
misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
alcohol;

(4) is actually or potentially unable to provide emergency medical services with
reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
or any other material, or as a result of any mental or physical condition;

(5) engages in unethical conduct, including, but not limited to, conduct likely to deceive,
defraud, or harm the public, or demonstrating a willful or careless disregard for the health,
welfare, or safety of the public;

(6) maltreats or abandons a patient;

(7) violates any state or federal controlled substance law;

(8) engages in unprofessional conduct or any other conduct which has the potential for
causing harm to the public, including any departure from or failure to conform to the
minimum standards of acceptable and prevailing practice without actual injury having to
be established;

(9) provides emergency medical services under lapsed or nonrenewed credentials;

(10) is subject to a denial, corrective, disciplinary, or other similar action in another
jurisdiction or by another regulatory authority;

(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient; or

(12) makes a false statement or knowingly provides false information to the board, or
fails to cooperate with an investigation of the board as required by section 144E.30.

(b) Before taking action under paragraph (a), the board shall give notice to an individual
of the right to a contested case hearing under chapter 14. If an individual requests a contested
case hearing within 30 days after receiving notice, the board shall initiate a contested case
hearing according to chapter 14.

(c) The administrative law judge shall issue a report and recommendation within 30
days after closing the contested case hearing record. The board shall issue a final order
within 30 days after receipt of the administrative law judge's report.

(d) After six months from the board's decision to deny, revoke, place conditions on, or
refuse renewal of an individual's registration for disciplinary action, the individual shall
have the opportunity to apply to the board for reinstatement.

Subd. 6.

Temporary suspension.

(a) In addition to any other remedy provided by law,
the board may temporarily suspend the registration of an individual new text beginas an emergency
responder
new text endafter conducting a preliminary inquiry to determine whether the board believes
that the individual has violated a statute or rule that the board is empowered to enforce and
determining that the continued provision of service by the individual would create an
imminent risk to public health or harm to others.

(b) A temporary suspension order prohibiting an individual from providing emergency
medical care shall give notice of the right to a preliminary hearing according to paragraph
(d) and shall state the reasons for the entry of the temporary suspension order.

(c) Service of a temporary suspension order is effective when the order is served on the
individual personally or by certified mail, which is complete upon receipt, refusal, or return
for nondelivery to the most recent address provided to the board for the individual.

(d) At the time the board issues a temporary suspension order, the board shall schedule
a hearing, to be held before a group of its members designated by the board, that shall begin
within 60 days after issuance of the temporary suspension order or within 15 working days
of the date of the board's receipt of a request for a hearing from the individual, whichever
is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to
continue, modify, or lift the temporary suspension. A hearing under this paragraph is not
subject to chapter 14.

(e) Evidence presented by the board or the individual may be in the form of an affidavit.
The individual or the individual's designee may appear for oral argument.

(f) Within five working days of the hearing, the board shall issue its order and, if the
suspension is continued, notify the individual of the right to a contested case hearing under
chapter 14.

(g) If an individual requests a contested case hearing within 30 days after receiving
notice under paragraph (f), the board shall initiate a contested case hearing according to
chapter 14. The administrative law judge shall issue a report and recommendation within
30 days after the closing of the contested case hearing record. The board shall issue a final
order within 30 days after receipt of the administrative law judge's report.

Sec. 3.

Minnesota Statutes 2020, section 144E.27, subdivision 2, is amended to read:


Subd. 2.

Registration.

To be eligible for registration with the board as an emergency
medical responder, an individual shall deleted text begincomplete a board-approved application form anddeleted text end:

(1) successfully complete deleted text begina board-approved initial emergency medical responder
education program. Registration under this clause is valid for two years and expires on
October 31
deleted text endnew text begin the United States Department of Transportation course, or its equivalent as
approved by the board, specific to the emergency medical responder classification
new text end; deleted text beginor
deleted text end

(2) be credentialed as an emergency medical responder by the National Registry of
Emergency Medical Techniciansdeleted text begin. Registration under this clause expires the same day as
the National Registry credential.
deleted text endnew text begin; and
new text end

new text begin (3) complete a board-approved application form.
new text end

Sec. 4.

Minnesota Statutes 2020, section 144E.28, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

To be eligible for certification by the board as an EMT,
AEMT, or paramedic, an individual shall:

(1) successfully complete the United States Department of Transportation course, or its
equivalent as approved by the board, specific to the EMT, AEMT, or paramedic classification;

(2) deleted text beginpass the written and practical examinations approved by the board and administered
by the board or its designee,
deleted text endnew text begin obtain National Registry of Emergency Medical Technicians
certification
new text end specific to the EMT, AEMT, or paramedic classification; and

(3) complete a board-approved application form.

Sec. 5.

Minnesota Statutes 2020, section 144E.28, subdivision 3, is amended to read:


Subd. 3.

Reciprocity.

The board may certify an individual who possesses a current
National Registry of Emergency Medical Technicians deleted text beginregistrationdeleted text endnew text begin certificationnew text end from another
jurisdiction if the individual submits a board-approved application form. The board
certification classification shall be the same as the National Registry's classification.
Certification shall be for the duration of the applicant's deleted text beginregistrationdeleted text endnew text begin certificationnew text end period in
another jurisdiction, not to exceed two years.

Sec. 6.

Minnesota Statutes 2020, section 144E.28, subdivision 7, is amended to read:


Subd. 7.

Renewal.

(a) Before the expiration date of certification, an applicant for renewal
of certification as an EMT shall:

(1) successfully complete a course in cardiopulmonary resuscitation that is approved by
the board or the licensee's medical director;

(2) deleted text begintake the United States Department of Transportation EMT refresher course and
successfully pass the practical skills test portion of the course, or successfully complete 48
hours of continuing education in EMT programs that are consistent with the United States
Department of Transportation National EMS Education Standards or its equivalent as
approved by the board or as approved by the licensee's medical director and pass a practical
skills test approved by the board and administered by an education program approved by
the board. The cardiopulmonary resuscitation course and practical skills test may be included
as part of the refresher course or continuing education renewal requirements; and
deleted text endnew text begin satisfy
one of the following requirements:
new text end

new text begin (i) maintain National Registry of Emergency Medical Technicians certification following
the requirements of the National Continued Competency Program, or its equivalent as
approved by the board. The cardiopulmonary resuscitation course required under clause (1)
shall count toward the continuing education requirements for renewal; or
new text end

new text begin (ii) for an individual who only holds Minnesota EMT certification and held the
certification prior to April 1, 2021, maintain Minnesota certification by completing the
required hours of continuing education as determined in the National Continued Competency
Program of the National Registry of Emergency Medical Technicians, or its equivalent as
approved by the board. The cardiopulmonary resuscitation course required under clause (1)
shall count toward the continuing education requirements for renewal. This item expires
April 1, 2036; and
new text end

(3) complete a board-approved application form.

(b) Before the expiration date of certification, an applicant for renewal of certification
as an AEMT or paramedic shall:

(1) for an AEMT, successfully complete a course in cardiopulmonary resuscitation that
is approved by the board or the licensee's medical directornew text begin,new text end and for a paramedic, successfully
complete a course in advanced cardiac life support that is approved by the board or the
licensee's medical director;

(2) deleted text beginsuccessfully complete 48 hours of continuing education in emergency medical training
programs, appropriate to the level of the applicant's AEMT or paramedic certification, that
are consistent with the United States Department of Transportation National EMS Education
Standards or its equivalent as approved by the board or as approved by the licensee's medical
director. An applicant may take the United States Department of Transportation Emergency
Medical Technician refresher course or its equivalent without the written or practical test
as approved by the board, and as appropriate to the applicant's level of certification, as part
of the 48 hours of continuing education. Each hour of the refresher course, the
cardiopulmonary resuscitation course, and the advanced cardiac life-support course counts
toward the 48-hour continuing education requirement; and
deleted text endnew text begin satisfy one of the following
requirements:
new text end

new text begin (i) maintain National Registry of Emergency Medical Technicians certification following
the requirements of the National Continued Competency Program, or its equivalent as
approved by the board. The cardiopulmonary resuscitation course or advanced cardiac life
support course required under clause (1) shall count toward the continuing education
requirements for renewal; or
new text end

new text begin (ii) for an individual who only holds Minnesota AEMT or paramedic certification and
held the certification prior to April 1, 2021, maintain Minnesota certification by completing
the required hours of continuing education as determined in the National Continued
Competency Program of the National Registry of Emergency Medical Technicians, or its
equivalent as approved by the board. The cardiopulmonary resuscitation course or advanced
cardiac life support course required under clause (1) shall count toward the continuing
education requirements for renewal. This item expires April 1, 2036; and
new text end

(3) complete a board-approved application form.

(c) Certification shall be renewed every two years.

(d) If the applicant does not meet the renewal requirements under this subdivision, the
applicant's certification expires.

Sec. 7.

Minnesota Statutes 2020, section 144E.28, subdivision 8, is amended to read:


Subd. 8.

Reinstatement.

(a) Within deleted text beginfourdeleted text endnew text begin twonew text end years of a certification expiration date, a
person whose certification has expired under subdivision 7, paragraph (d), may have the
certification reinstated upon submission of:

(1) evidence to the board of training equivalent to the continuing education requirements
of subdivision 7; and

(2) a board-approved application form.

(b) If more than deleted text beginfourdeleted text endnew text begin twonew text end years have passed since a certificate expiration date, an applicant
must complete the initial certification process required under subdivision 1.

Sec. 8.

Minnesota Statutes 2020, section 144E.283, is amended to read:


144E.283 new text beginPRIMARY new text endINSTRUCTOR QUALIFICATIONS.

deleted text begin (a)deleted text end An deleted text beginemergency medical techniciandeleted text endnew text begin education program primarynew text end instructor must:

(1) possess deleted text beginvaliddeleted text endnew text begin current Minnesotanew text end certification, registration, or licensure asnew text begin one of the
following, at a level that is equivalent to or higher than the level of certification or registration
being taught:
new text end

new text begin (i)new text end an new text beginEMR, new text endEMT, AEMT, new text beginor new text endparamedicdeleted text begin,deleted text endnew text begin;
new text end

new text begin (ii) anew text end physiciandeleted text begin,deleted text endnew text begin with certification in adult or pediatric emergency medicine from the
American Board of Emergency Medicine or the American Board of Osteopathic Emergency
Medicine, with certification in an emergency medical services subspecialty, or serving as
a medical director of a licensed ambulance service;
new text end

new text begin (iii) anew text end physician assistantdeleted text begin,deleted text endnew text begin with experience in emergency medicine;new text end or

new text begin (iv) anew text end registered nursenew text begin with certification in adult or pediatric prehospital nursing from
(A) the Board of Certification for Emergency Nursing, including certified flight registered
nurse or certified transport registered nurse, or (B) the National Certification Corporation,
including certified in neonatal pediatric transport
new text end;

(2) deleted text beginhave two years of active emergency medical practical experiencedeleted text endnew text begin if required under
this chapter for Minnesota certification or registration, possess National Registry of
Emergency Medical Technicians certification or registration as an EMR, EMT, AEMT, or
paramedic, at a level that is equivalent to or higher than the level of certification or
registration being taught
new text end;

new text begin (3) satisfy one of the following requirements:
new text end

new text begin (i) hold at least an associate's degree and have been certified for at least three years at a
level that is equivalent to or higher than the level of certification or registration being taught;
or
new text end

new text begin (ii) have been certified for at least five years at a level that is equivalent to or higher
than the level of certification or registration being taught;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end be recommended by a medical director of a licensed hospital, ambulance service,
or education program approved by the board;

deleted text begin (4)deleted text endnew text begin (5) satisfy one of the following requirements:
new text end

new text begin (i) new text endsuccessfully complete the United States Department of Transportation Emergency
Medical Services Instructor deleted text beginEducation Program or its equivalent as approved by the boarddeleted text endnew text begin
course
new text end; deleted text beginand
deleted text end

new text begin (ii) successfully complete the National Association of EMS Educators Instructor level
1 course;
new text end

new text begin (iii) successfully complete the Fire Instructor I course;
new text end

new text begin (iv) hold at least a bachelor's degree in education;
new text end

new text begin (v) hold at least a master's degree in a related field of study;
new text end

new text begin (vi) have been vetted through the Minnesota State faculty credentialing process; or
new text end

new text begin (vii) successfully complete an equivalent course or hold an equivalent degree as approved
by the board;
new text end

deleted text begin (5)deleted text endnew text begin (6)new text end complete eight hours of continuing education in educational topics every two
years, with documentation filed with the education program coordinatordeleted text begin.deleted text endnew text begin;
new text end

new text begin (7) complete a board-approved application form; and
new text end

new text begin (8) receive board approval as a primary instructor.
new text end

deleted text begin (b) An emergency medical responder instructor must possess valid registration,
certification, or licensure as an EMR, EMT, AEMT, paramedic, physician, physician
assistant, or registered nurse.
deleted text end

Sec. 9.

Minnesota Statutes 2020, section 144E.285, subdivision 1, is amended to read:


Subdivision 1.

Approval required.

(a) All education programs for annew text begin EMR,new text end EMT,
AEMT, or paramedic must be approved by the board.

(b) To be approved by the board, an education program must:

(1) submit an application prescribed by the board that includes:

(i) type deleted text beginand lengthdeleted text end of course to be offered;

(ii) names, addresses, and qualifications of the program medical director, program
education coordinator, and instructors;

deleted text begin (iii) names and addresses of clinical sites, including a contact person and telephone
number;
deleted text end

deleted text begin (iv)deleted text endnew text begin (iii)new text end admission criteria for students; and

deleted text begin (v)deleted text endnew text begin (iv)new text end materials and equipment to be used;

(2) for each course, implement the most current version of the United States Department
of Transportation EMS Education Standards, or its equivalent as determined by the board
applicable to new text beginEMR, new text endEMT, AEMT, or paramedic education;

(3) have a program medical director and a program coordinator;

(4) utilize new text beginprimary new text endinstructors who meet the requirements of section 144E.283 for teaching
at least 50 percent of the course content. The remaining 50 percent of the course may be
taught by guest lecturers approved by the education program coordinator or medical director;

deleted text begin (5) have at least one instructor for every ten students at the practical skill stations;
deleted text end

deleted text begin (6) maintain a written agreement with a licensed hospital or licensed ambulance service
designating a clinical training site;
deleted text end

deleted text begin (7)deleted text endnew text begin (5)new text end retain documentation of program approval by the board, course outline, and
student information;

deleted text begin (8)deleted text endnew text begin (6)new text end notify the board of the starting date of a course prior to the beginning of a course;new text begin
and
new text end

deleted text begin (9)deleted text endnew text begin (7)new text end submit the appropriate fee as required under section 144E.29deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (10) maintain a minimum average yearly pass rate as set by the board on an annual basis.
The pass rate will be determined by the percent of candidates who pass the exam on the
first attempt. An education program not meeting this yearly standard shall be placed on
probation and shall be on a performance improvement plan approved by the board until
meeting the pass rate standard. While on probation, the education program may continue
providing classes if meeting the terms of the performance improvement plan as determined
by the board. If an education program having probation status fails to meet the pass rate
standard after two years in which an EMT initial course has been taught, the board may
take disciplinary action under subdivision 5.
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 144E.285, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin EMR requirements. new text end

new text begin The National EMS Education Standards established by
the NHTSA, United States Department of Transportation, specifies the minimum
requirements for knowledge and skills for emergency medical responders. A medical director
of an emergency medical responder education group may establish additional knowledge
and skill requirements for EMRs.
new text end

Sec. 11.

Minnesota Statutes 2020, section 144E.285, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin EMT requirements. new text end

new text begin In addition to the requirements under subdivision 1,
paragraph (b), an education program applying for approval to teach EMTs must:
new text end

new text begin (1) in the application prescribed by the board, include names and addresses of clinical
sites, including a contact person and telephone number;
new text end

new text begin (2) maintain a written agreement with a licensed hospital or licensed ambulance service
designating a clinical training site; and
new text end

new text begin (3) maintain a minimum average yearly pass rate as set by the board. An education
program not meeting the standard in this subdivision shall be placed on probation and must
comply with a performance improvement plan approved by the board until the program
meets the pass-rate standard. While on probation, the education program may continue to
provide classes if the program meets the terms of the performance improvement plan, as
determined by the board. If an education program that is on probation status fails to meet
the pass-rate standard after two years in which an EMT initial course has been taught, the
board may take disciplinary action under subdivision 5.
new text end

Sec. 12.

Minnesota Statutes 2020, section 144E.285, subdivision 2, is amended to read:


Subd. 2.

AEMT and paramedic requirements.

(a) In addition to the requirements
under subdivision 1, paragraph (b), an education program applying for approval to teach
AEMTs and paramedics mustnew text begin:
new text end

new text begin (1)new text end be administered by an educational institution accredited by the Commission of
Accreditation of Allied Health Education Programs (CAAHEP)deleted text begin.deleted text endnew text begin;
new text end

new text begin (2) in the application prescribed by the board, include names and addresses of clinical
sites, including a contact person and telephone number; and
new text end

new text begin (3) maintain a written agreement with a licensed hospital or licensed ambulance service
designating a clinical training site.
new text end

(b) An AEMT and paramedic education program that is administered by an educational
institution not accredited by CAAHEP, but that is in the process of completing the
accreditation process, may be granted provisional approval by the board upon verification
of submission of its self-study report and the appropriate review fee to CAAHEP.

(c) An educational institution that discontinues its participation in the accreditation
process must notify the board immediately and provisional approval shall be withdrawn.

deleted text begin (d) This subdivision does not apply to a paramedic education program when the program
is operated by an advanced life-support ambulance service licensed by the Emergency
Medical Services Regulatory Board under this chapter, and the ambulance service meets
the following criteria:
deleted text end

deleted text begin (1) covers a rural primary service area that does not contain a hospital within the primary
service area or contains a hospital within the primary service area that has been designated
as a critical access hospital under section 144.1483, clause (9);
deleted text end

deleted text begin (2) has tax-exempt status in accordance with the Internal Revenue Code, section
501(c)(3);
deleted text end

deleted text begin (3) received approval before 1991 from the commissioner of health to operate a paramedic
education program;
deleted text end

deleted text begin (4) operates an AEMT and paramedic education program exclusively to train paramedics
for the local ambulance service; and
deleted text end

deleted text begin (5) limits enrollment in the AEMT and paramedic program to five candidates per
biennium.
deleted text end

Sec. 13.

Minnesota Statutes 2020, section 144E.285, subdivision 4, is amended to read:


Subd. 4.

Reapproval.

An education program shall apply to the board for reapproval at
least three months prior to the expiration date of its approval and must:

(1) submit an application prescribed by the board specifying any changes from the
information provided for prior approval and any other information requested by the board
to clarify incomplete or ambiguous information presented in the application; deleted text beginand
deleted text end

(2) comply with the requirements under subdivision 1, paragraph (b), clauses (2) to deleted text begin(10).deleted text endnew text begin
(7);
new text end

new text begin (3) be subject to a site visit;
new text end

new text begin (4) for education programs that teach EMTs, comply with the requirements in subdivision
1b; and
new text end

new text begin (5) for education programs that teach AEMTs and paramedics, comply with the
requirements in subdivision 2 and maintain accreditation with the CAAHEP.
new text end

Sec. 14.

Minnesota Statutes 2020, section 148.995, subdivision 2, is amended to read:


Subd. 2.

Certified doula.

"Certified doula" means an individual who has received a
certification to perform doula services from the International Childbirth Education
Association, the Doulas of North America (DONA), the Association of Labor Assistants
and Childbirth Educators (ALACE), Birthworks, the Childbirth and Postpartum Professional
Association (CAPPA), Childbirth International, the International Center for Traditional
Childbearing, deleted text beginordeleted text end Commonsense Childbirth, Incnew text begin., Modern Doula Education (MDE), or an
organization designated by the commissioner under section 148.9965
new text end.

Sec. 15.

Minnesota Statutes 2020, section 148.996, subdivision 2, is amended to read:


Subd. 2.

Qualifications.

The commissioner shall include on the registry any individual
who:

(1) submits an application on a form provided by the commissioner. The form must
include the applicant's name, address, and contact information;

(2) deleted text beginmaintainsdeleted text endnew text begin submits evidence of maintainingnew text end a current certification from one of the
organizations listed in section 148.995, subdivision 2new text begin, or from an organization designated
by the commissioner under section 148.9965
new text end; and

(3) pays the fees required under section 148.997.

Sec. 16.

Minnesota Statutes 2020, section 148.996, subdivision 4, is amended to read:


Subd. 4.

Renewal.

Inclusion on the registry maintained by the commissioner is valid
for three yearsnew text begin, provided the doula meets the requirement in subdivision 2, clause (2), during
the entire period
new text end. At the end of the three-year period, the certified doula may submit a new
application to remain on the doula registry by meeting the requirements described in
subdivision 2.

Sec. 17.

Minnesota Statutes 2020, section 148.996, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Removal from registry. new text end

new text begin (a) If the commissioner determines that a doula
included on the registry does not meet the requirement in subdivision 2, clause (2), the
commissioner shall notify the affected doula that the doula no longer meets the requirement
in subdivision 2, clause (2), specify steps the doula must take to maintain inclusion on the
registry, and specify the effect of failing to take such steps. The commissioner must provide
this notice by first class mail to the address on file with the commissioner for the affected
doula.
new text end

new text begin (b) Following the provision of notice under paragraph (a), the commissioner shall remove
from the registry any doula who no longer meets the requirement in subdivision 2, clause
(2), and who does not take the steps specified by the commissioner to maintain inclusion
on the registry.
new text end

Sec. 18.

new text begin [148.9965] DESIGNATION OF DOULA CERTIFICATION
ORGANIZATIONS BY COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Review and designation by commissioner. new text end

new text begin The commissioner shall
periodically review the doula certification organizations listed in section 148.995, subdivision
2, or designated by the commissioner under this section. The commissioner may: (1)
designate additional organizations from which individuals, if maintaining current doula
certification from such an organization, are eligible for inclusion on the registry of certified
doulas; and (2) remove the designation of a doula certification organization previously
designated by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin A doula certification organization seeking designation under this
section shall provide the commissioner with evidence that the organization satisfies
designation criteria established by the commissioner. If the commissioner designates a doula
certification organization under this section, the commissioner shall provide notice of the
designation by publication in the State Register and on the Department of Health website
for the registry of certified doulas and shall specify the date after which a certification by
the organization authorizes a doula certified by the organization to be included on the
registry.
new text end

new text begin Subd. 3. new text end

new text begin Removal of designation. new text end

new text begin (a) The commissioner may remove the designation
of a doula certification organization previously designated by the commissioner under this
section upon a determination by the commissioner that the organization does not meet the
commissioner's criteria for designation. If the commissioner removes a designation, the
commissioner shall provide notice of the removal by publication in the State Register and
shall specify the date after which a certification by the organization no longer authorizes a
doula certified by the organization to be included on the registry.
new text end

new text begin (b) Following removal of a designation, the Department of Health website for the registry
of certified doulas shall be modified to reflect the removal.
new text end

Sec. 19.

Minnesota Statutes 2020, section 151.01, subdivision 29, is amended to read:


Subd. 29.

deleted text beginLegenddeleted text end Medical gas.

"deleted text beginLegenddeleted text end Medical gas" means deleted text begina liquid or gaseous
substance used for medical purposes and that is required by federal law to be dispensed
only pursuant to the prescription of a licensed practitioner
deleted text endnew text begin any gas or liquid manufactured
or stored in a liquefied, nonliquefied, or cryogenic state that:
new text end

new text begin (1) has a chemical or physical action in or on the human body or animals or is used in
conjunction with medical gas equipment; and
new text end

new text begin (2) is intended to be used for the diagnosis, cure, mitigation, treatment, or prevention of
disease
new text end.

Sec. 20.

Minnesota Statutes 2020, section 151.01, is amended by adding a subdivision to
read:


new text begin Subd. 29a. new text end

new text begin Medical gas manufacturer. new text end

new text begin "Medical gas manufacturer" means any person:
new text end

new text begin (1) originally manufacturing a medical gas by chemical reaction, physical separation,
compression of atmospheric air, purification, or other means;
new text end

new text begin (2) filling a medical gas into a dispensing container via gas to gas, liquid to gas, or liquid
to liquid processes;
new text end

new text begin (3) combining two or more medical gases into a container to form a medically appropriate
mixture; or
new text end

new text begin (4) filling a medical gas via liquid to liquid into a final use container at the point of use.
new text end

Sec. 21.

Minnesota Statutes 2020, section 151.01, is amended by adding a subdivision to
read:


new text begin Subd. 29b. new text end

new text begin Medical gas wholesaler. new text end

new text begin "Medical gas wholesaler" means any person who
sells a medical gas to another business or entity for the purpose of reselling or providing
that medical gas to the ultimate consumer or patient.
new text end

Sec. 22.

Minnesota Statutes 2020, section 151.01, is amended by adding a subdivision to
read:


new text begin Subd. 29c. new text end

new text begin Medical gas dispenser. new text end

new text begin "Medical gas dispenser" means any person, other
than a licensed practitioner or pharmacy, who sells or provides a medical gas directly to the
ultimate consumer or patient via a valid prescription.
new text end

Sec. 23.

new text begin [151.191] LICENSING MEDICAL GAS FACILITIES; FEES;
PROHIBITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Medical gas manufacturers; requirements. new text end

new text begin (a) No person shall act as
a medical gas manufacturer without first obtaining a license from the board and paying any
applicable fee specified in section 151.065.
new text end

new text begin (b) Application for a medical gas manufacturer license under this section must be made
in a manner specified by the board.
new text end

new text begin (c) A license must not be issued or renewed for a medical gas manufacturer unless the
applicant agrees to operate in a manner prescribed by federal and state law and according
to Minnesota Rules.
new text end

new text begin (d) A license must not be issued or renewed for a medical gas manufacturer that is
required to be licensed or registered by the state in which it is physically located unless the
applicant supplies the board with proof of licensure or registration. The board may establish
standards for the licensure of a medical gas manufacturer that is not required to be licensed
or registered by the state in which it is physically located.
new text end

new text begin (e) The board must require a separate license for each facility located within the state at
which medical gas manufacturing occurs and for each facility located outside of the state
at which medical gases that are shipped into the state are manufactured.
new text end

new text begin (f) Prior to the issuance of an initial or renewed license for a medical gas manufacturing
facility, the board may require the facility to pass an inspection conducted by an authorized
representative of the board. In the case of a medical gas manufacturing facility located
outside of the state, the board may require the applicant to pay the cost of the inspection,
in addition to the license fee in section 151.065, unless the applicant furnishes the board
with a report, issued by the appropriate regulatory agency of the state in which the facility
is located, of an inspection that has occurred within the 24 months immediately preceding
receipt of the license application by the board. The board may deny licensure unless the
applicant submits documentation satisfactory to the board that any deficiencies noted in an
inspection report have been corrected.
new text end

new text begin (g) A duly licensed medical gas manufacturing facility may also wholesale or dispense
any medical gas that is manufactured by the licensed facility, or manufactured or wholesaled
by another properly licensed medical gas facility, without also obtaining a medical gas
wholesaler license or medical gas dispenser registration.
new text end

new text begin (h) The filling of a medical gas into a final use container, at the point of use and by liquid
to liquid transfer, is permitted as long as the facility used as the base of operations is duly
licensed as a medical gas manufacturer.
new text end

new text begin Subd. 2. new text end

new text begin Medical gas wholesalers; requirements. new text end

new text begin (a) No person shall act as a medical
gas wholesaler without first obtaining a license from the board and paying any applicable
fee specified in section 151.065.
new text end

new text begin (b) Application for a medical gas wholesaler license under this section must be made in
a manner specified by the board.
new text end

new text begin (c) A license must not be issued or renewed for a medical gas wholesaler unless the
applicant agrees to operate in a manner prescribed by federal and state law and according
to Minnesota Rules.
new text end

new text begin (d) A license must not be issued or renewed for a medical gas wholesaler that is required
to be licensed or registered by the state in which it is physically located unless the applicant
supplies the board with proof of licensure or registration. The board may establish standards
for the licensure of a medical gas wholesaler that is not required to be licensed or registered
by the state in which it is physically located.
new text end

new text begin (e) The board must require a separate license for each facility located within the state at
which medical gas wholesaling occurs and for each facility located outside of the state from
which medical gases that are shipped into the state are wholesaled.
new text end

new text begin (f) Prior to the issuance of an initial or renewed license for a medical gas wholesaling
facility, the board may require the facility to pass an inspection conducted by an authorized
representative of the board. In the case of a medical gas wholesaling facility located outside
of the state, the board may require the applicant to pay the cost of the inspection, in addition
to the license fee in section 151.065, unless the applicant furnishes the board with a report,
issued by the appropriate regulatory agency of the state in which the facility is located, of
an inspection that has occurred within the 24 months immediately preceding receipt of the
license application by the board. The board may deny licensure unless the applicant submits
documentation satisfactory to the board that any deficiencies noted in an inspection report
have been corrected.
new text end

new text begin (g) A duly licensed medical gas wholesaling facility may also dispense any medical gas
that is manufactured or wholesaled by another properly licensed medical gas facility.
new text end

new text begin Subd. 3. new text end

new text begin Medical gas dispensers; requirements. new text end

new text begin (a) A person or establishment not
licensed as a pharmacy, practitioner, medical gas manufacturer, or medical gas dispenser
must not engage in the dispensing of medical gases without first obtaining a registration
from the board and paying the applicable fee specified in section 151.065. The registration
must be displayed in a conspicuous place in the business for which it is issued and expires
on the date set by the board.
new text end

new text begin (b) Application for a medical gas dispenser registration under this section must be made
in a manner specified by the board.
new text end

new text begin (c) A registration must not be issued or renewed for a medical gas dispenser located
within the state unless the applicant agrees to operate in a manner prescribed by federal and
state law and according to the rules adopted by the board. A license must not be issued for
a medical gas dispenser located outside of the state unless the applicant agrees to operate
in a manner prescribed by federal law and, when dispensing medical gases for residents of
this state, the laws of this state and Minnesota Rules.
new text end

new text begin (d) A registration must not be issued or renewed for a medical gas dispenser that is
required to be licensed or registered by the state in which it is physically located unless the
applicant supplies the board with proof of the licensure or registration. The board may
establish standards for the registration of a medical gas dispenser that is not required to be
licensed or registered by the state in which it is physically located.
new text end

new text begin (e) The board must require a separate registration for each medical gas dispenser located
within the state and for each facility located outside of the state from which medical gases
are dispensed to residents of this state.
new text end

new text begin (f) Prior to the issuance of an initial or renewed registration for a medical gas dispenser,
the board may require the medical gas dispenser to pass an inspection conducted by an
authorized representative of the board. In the case of a medical gas dispenser located outside
of the state, the board may require the applicant to pay the cost of the inspection, in addition
to the license fee in section 151.065, unless the applicant furnishes the board with a report,
issued by the appropriate regulatory agency of the state in which the facility is located, of
an inspection that has occurred within the 24 months immediately preceding receipt of the
license application by the board. The board may deny licensure unless the applicant submits
documentation satisfactory to the board that any deficiencies noted in an inspection report
have been corrected.
new text end

new text begin (g) A facility holding a medical gas dispenser registration must not engage in the
manufacturing or wholesaling of medical gases, except that a medical gas dispenser may
transfer medical gases from one of its duly registered facilities to other duly registered
medical gas manufacturing, wholesaling, or dispensing facilities owned or operated by that
same company, without requiring a medical gas wholesaler license.
new text end

Sec. 24. new text beginREVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes, the revisor of statutes shall recode as Minnesota Statutes, section
144E.28, subdivision 8a, the community emergency medical technician certification
requirements that are currently coded as Minnesota Statutes, section 144E.275, subdivision
7, and shall revise any necessary cross-references consistent with that recoding.
new text end

Sec. 25. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 144E.27, subdivisions 1 and 1a; and 151.19,
subdivision 3,
new text end new text begin are repealed.
new text end

ARTICLE 4

PRESCRIPTION DRUGS AND OPIATES

Section 1.

Minnesota Statutes 2020, section 16A.151, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

(a) If a state official litigates or settles a matter on behalf of specific
injured persons or entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement efforts were initiated.
If money recovered on behalf of injured persons or entities cannot reasonably be distributed
to those persons or entities because they cannot readily be located or identified or because
the cost of distributing the money would outweigh the benefit to the persons or entities, the
money must be paid into the general fund.

(b) Money recovered on behalf of a fund in the state treasury other than the general fund
may be deposited in that fund.

(c) This section does not prohibit a state official from distributing money to a person or
entity other than the state in litigation or potential litigation in which the state is a defendant
or potential defendant.

(d) State agencies may accept funds as directed by a federal court for any restitution or
monetary penalty under United States Code, title 18, section 3663(a)(3), or United States
Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose as directed
by the federal court.

(e) Tobacco settlement revenues as defined in section 16A.98, subdivision 1, paragraph
(t), may be deposited as provided in section 16A.98, subdivision 12.

(f) Any money received by the state resulting from a settlement agreement or an assurance
of discontinuance entered into by the attorney general of the state, or a court order in litigation
brought by the attorney general of the state, on behalf of the state or a state agency, against
one or more opioid manufacturers or opioid wholesale drug distributors new text beginor consulting firms
working for an opioid manufacturer or opioid wholesale drug distributor
new text endrelated to alleged
violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this
state or other alleged illegal actions that contributed to the excessive use of opioids, must
be deposited in a separate account in the state treasury and the commissioner shall notify
the chairs and ranking minority members of the Finance Committee in the senate and the
Ways and Means Committee in the house of representatives that an account has been created.
new text begin Notwithstanding section 11A.20, all investment income and all investment losses attributable
to the investment of this account shall be credited to the account.
new text endThis paragraph does not
apply to attorney fees and costs awarded to the state or the Attorney General's Office, to
contract attorneys hired by the state or Attorney General's Office, or to other state agency
attorneys. If the licensing fees under section 151.065, subdivision 1, clause (16), and
subdivision 3, clause (14), are reduced and the registration fee under section 151.066,
subdivision 3, is repealed in accordance with section 256.043, subdivision 4, then the
commissioner shall transfer from the separate account created in this paragraph to the opiate
epidemic response fund under section 256.043 an amount that ensures that $20,940,000
each fiscal year is available for distribution in accordance with section 256.043, deleted text beginsubdivisions
2 and
deleted text endnew text begin subdivisionnew text end 3.

new text begin (g) Notwithstanding paragraph (f), if money is received from a settlement agreement or
an assurance of discontinuance entered into by the attorney general of the state or a court
order in litigation brought by the attorney general of the state on behalf of the state or a state
agency against a consulting firm working for an opioid manufacturer or opioid wholesale
drug distributor and deposited into the separate account created under paragraph (f), the
commissioner shall annually transfer from the separate account to the opiate epidemic
response fund under section 256.043 an amount equal to the estimated amount submitted
to the commissioner by the Board of Pharmacy in accordance with section 151.066,
subdivision 3, paragraph (b). The amount transferred shall be included in the amount available
for distribution in accordance with section 256.043, subdivision 3. This transfer shall occur
each year until the registration fee under section 151.066, subdivision 3, is repealed in
accordance with section 256.043, subdivision 4, or the money deposited in the account in
accordance with this paragraph has been transferred, whichever occurs first.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [62J.85] PRESCRIPTION DRUG MANUFACTURER IMPORTATION
PATHWAY PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Drug product" or "drug" means a prescription drug or biological product that is
intended for human use and regulated as a drug except where specific reference is made to
a drug approved under section 505 of the federal Food, Drug, and Cosmetic Act, United
States Code, title 21, section 355, or biological product approved under section 351 of the
federal Public Health Act, United States Code, title 42, section 262. Drug product or drug
does not include biological products that are intended for transfusions, including blood or
blood products; or allogeneic-, cellular-, or tissue-based products.
new text end

new text begin (c) "FD&C Act" means the federal Food, Drug, and Cosmetic Act, United States Code,
title 21, section 301, et seq.
new text end

new text begin (d) "Importation guidance" means the draft guidance released by the federal Food and
Drug Administration (FDA) titled "Importation of Certain FDA-Approved Human
Prescription Drugs, Including Biological Products, Under Section 801(d)(1)(B) of the Federal
Food, Drug, and Cosmetic Act; Draft Guidance for the Industry," which if finalized allows
for the importation of MMA products.
new text end

new text begin (e) "Manufacturer" means the entity that is the holder of the New Drug Application or
Biologics License Application for the drug product.
new text end

new text begin (f) "Multimarket-approved product" or "MMA product" means a FDA-approved drug
product that:
new text end

new text begin (1) was manufactured outside the United States and authorized for marketing by another
country's regulatory authority;
new text end

new text begin (2) is subject to a new drug application or biologics license application;
new text end

new text begin (3) is imported into the United States and is authorized by the manufacturer to be
marketed in the United States; and
new text end

new text begin (4) continues to meet the quality standards for marketing in its originally intended foreign
market.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to any MMA product in which the
manufacturer of the product has obtained a new National Drug Code (NDC) for the MMA
product and has imported the MMA product in compliance with the FD&C Act and any
importation guidance finalized by the FDA.
new text end

new text begin Subd. 3. new text end

new text begin Incentives. new text end

new text begin (a) In order to facilitate importation of drugs pursuant to importation
guidance finalized by the FDA, any MMA product offered for sale in Minnesota at a cost
that is at least 23 percent lower than the wholesale acquisition cost for the FDA-approved
product manufactured in the United States shall be:
new text end

new text begin (1) included on the uniform preferred drug list and covered under the medical assistance
and MinnesotaCare programs; and
new text end

new text begin (2) a covered drug under the state employee group insurance program pursuant to chapter
43A.
new text end

new text begin (b) A health plan company must provide coverage for each MMA product that meets
the requirements in paragraph (a) if the manufacturer's FDA-approved drug product
manufactured in the United States is covered by the health plan company and the health
plan company must not impose any enrollee cost-sharing requirements for the covered
MMA product.
new text end

new text begin (c) This subdivision shall not become effective for MMA products that are offered for
sale in Minnesota in accordance with paragraph (a) unless affirmative action is taken by
the legislature.
new text end

Sec. 3.

Minnesota Statutes 2020, section 62W.11, is amended to read:


62W.11 GAG CLAUSE PROHIBITION.

(a) No contract between a pharmacy benefit manager or health carrier and a pharmacy
or pharmacist shall prohibit, restrict, or penalize a pharmacy or pharmacist from disclosing
to an enrollee any health care information that the pharmacy or pharmacist deems appropriate
regarding the nature of treatment; the risks or alternatives; the availability of alternative
therapies, consultations, or tests; the decision of utilization reviewers or similar persons to
authorize or deny services; the process that is used to authorize or deny health care services
or benefits; or information on financial incentives and structures used by the health carrier
or pharmacy benefit manager.

(b) A pharmacy or pharmacist must provide to an enrollee information regarding the
enrollee's total cost for each prescription drug dispensed where part or all of the cost of the
prescription is being paid or reimbursed by the employer-sponsored plan or by a health
carrier or pharmacy benefit manager, in accordance with section 151.214, subdivision 1.

(c) A pharmacy benefit manager or health carrier must not prohibit a pharmacist or
pharmacy from discussing information regarding the total cost for pharmacy services for a
prescription drug, including the patient's co-payment amount deleted text beginanddeleted text endnew text begin,new text end the pharmacy's own usual
and customary price deleted text beginofdeleted text endnew text begin fornew text end the prescriptionnew text begin drug, the pharmacy's acquisition cost for the
prescription drug, and the amount the pharmacy is being reimbursed by the pharmacy benefit
manager or health carrier for the prescription drug
new text end.

new text begin (d) A pharmacy benefit manager must not prohibit a pharmacist or pharmacy from
discussing with a health carrier the amount the pharmacy is being paid or reimbursed for a
prescription drug by the pharmacy benefit manager or the pharmacy's acquisition cost for
a prescription drug.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end A pharmacy benefit manager or health carrier must not prohibit a pharmacist or
pharmacy from discussing the availability of any therapeutically equivalent alternative
prescription drugs or alternative methods for purchasing the prescription drug, including
but not limited to paying out-of-pocket the pharmacy's usual and customary price when that
amount is less expensive to the enrollee than the amount the enrollee is required to pay for
the prescription drug under the enrollee's health plan.

Sec. 4.

Minnesota Statutes 2020, section 151.065, subdivision 1, is amended to read:


Subdivision 1.

Application fees.

Application fees for licensure and registration are as
follows:

(1) pharmacist licensed by examination, $175;

(2) pharmacist licensed by reciprocity, $275;

(3) pharmacy intern, $50;

(4) pharmacy technician, $50;

(5) pharmacy, $260;

(6) drug wholesaler, legend drugs only, $5,260;

(7) drug wholesaler, legend and nonlegend drugs, $5,260;

(8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $5,260;

(9) drug wholesaler, medical gases, deleted text begin$5,260 for the first facility anddeleted text end $260 deleted text beginfor each
additional facility
deleted text end;

(10) third-party logistics provider, $260;

(11) drug manufacturer, nonopiate legend drugs only, $5,260;

(12) drug manufacturer, nonopiate legend and nonlegend drugs, $5,260;

(13) drug manufacturer, nonlegend or veterinary legend drugs, $5,260;

(14) drug manufacturer, medical gases, deleted text begin$5,260 for the first facility anddeleted text end $260 deleted text beginfor each
additional facility
deleted text end;

(15) drug manufacturer, also licensed as a pharmacy in Minnesota, $5,260;

(16) drug manufacturer of opiate-containing controlled substances listed in section
152.02, subdivisions 3 to 5, $55,260;

(17) medical gas dispenser, $260;

(18) controlled substance researcher, $75; and

(19) pharmacy professional corporation, $150.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 151.065, subdivision 3, is amended to read:


Subd. 3.

Annual renewal fees.

Annual licensure and registration renewal fees are as
follows:

(1) pharmacist, $175;

(2) pharmacy technician, $50;

(3) pharmacy, $260;

(4) drug wholesaler, legend drugs only, $5,260;

(5) drug wholesaler, legend and nonlegend drugs, $5,260;

(6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, $5,260;

(7) drug wholesaler, medical gases, deleted text begin$5,260 for the first facility anddeleted text end $260 deleted text beginfor each
additional facility
deleted text end;

(8) third-party logistics provider, $260;

(9) drug manufacturer, nonopiate legend drugs only, $5,260;

(10) drug manufacturer, nonopiate legend and nonlegend drugs, $5,260;

(11) drug manufacturer, nonlegend, veterinary legend drugs, or both, $5,260;

(12) drug manufacturer, medical gases, deleted text begin$5,260 for the first facility anddeleted text end $260 deleted text beginfor each
additional facility
deleted text end;

(13) drug manufacturer, also licensed as a pharmacy in Minnesota, $5,260;

(14) drug manufacturer of opiate-containing controlled substances listed in section
152.02, subdivisions 3 to 5, $55,260;

(15) medical gas dispenser, $260;

(16) controlled substance researcher, $75; and

(17) pharmacy professional corporation, $100.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 151.065, subdivision 7, is amended to read:


Subd. 7.

Deposit of fees.

(a) The license fees collected under this section, with the
exception of the fees identified in paragraphs (b) and (c), shall be deposited in the state
government special revenue fund.

(b) $5,000 of each fee collected under subdivision 1, clauses (6) to deleted text begin(9)deleted text endnew text begin (8)new text end, deleted text beginanddeleted text end (11) to
new text begin (13), and new text end(15), and subdivision 3, clauses (4) to deleted text begin(7)deleted text endnew text begin (6)new text end, deleted text beginanddeleted text end (9) to new text begin(11), and new text end(13), and $55,000
of each fee collected under subdivision 1, clause (16), and subdivision 3, clause (14), shall
be deposited in the opiate epidemic response fund established in section 256.043.

(c) If the fees collected under subdivision 1, clause (16), or subdivision 3, clause (14),
are reduced under section 256.043, $5,000 of the reduced fee shall be deposited in the opiate
epidemic response fund in section 256.043.

Sec. 7.

Minnesota Statutes 2020, section 151.066, subdivision 3, is amended to read:


Subd. 3.

Determination of an opiate product registration fee.

(a) The board shall
annually assess an opiate product registration fee on any manufacturer of an opiate that
annually sells, delivers, or distributes an opiate within or into the state 2,000,000 or more
units as reported to the board under subdivision 2.

(b) new text beginFor purposes of assessing the annual registration fee under this section and
determining the number of opiate units a manufacturer sold, delivered, or distributed within
or into the state, the board shall not consider any opiate that is used for medication-assisted
therapy for substance use disorders. If there is money deposited into the separate account
as described in section 16A.151, subdivision 2, paragraph (g), the board shall submit to the
commissioner of management and budget an estimate of the difference in the annual fee
revenue collected under this section due to this exception.
new text end

new text begin (c) new text endThe annual registration fee for each manufacturer meeting the requirement under
paragraph (a) is $250,000.

deleted text begin (c)deleted text endnew text begin (d)new text end In conjunction with the data reported under this section, and notwithstanding
section 152.126, subdivision 6, the board may use the data reported under section 152.126,
subdivision 4, to determine which manufacturers meet the requirement under paragraph (a)
and are required to pay the registration fees under this subdivision.

deleted text begin (d)deleted text endnew text begin (e)new text end By April 1 of each year, beginning April 1, 2020, the board shall notify a
manufacturer that the manufacturer meets the requirement in paragraph (a) and is required
to pay the annual registration fee in accordance with section 151.252, subdivision 1,
paragraph (b).

deleted text begin (e)deleted text endnew text begin (f)new text end A manufacturer may dispute the board's determination that the manufacturer must
pay the registration fee no later than 30 days after the date of notification. However, the
manufacturer must still remit the fee as required by section 151.252, subdivision 1, paragraph
(b). The dispute must be filed with the board in the manner and using the forms specified
by the board. A manufacturer must submit, with the required forms, data satisfactory to the
board that demonstrates that the assessment of the registration fee was incorrect. The board
must make a decision concerning a dispute no later than 60 days after receiving the required
dispute forms. If the board determines that the manufacturer has satisfactorily demonstrated
that the fee was incorrectly assessed, the board must refund the amount paid in error.

deleted text begin (f)deleted text endnew text begin (g)new text end For purposes of this subdivision, a unit means the individual dosage form of the
particular drug product that is prescribed to the patient. One unit equals one tablet, capsule,
patch, syringe, milliliter, or gram.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 151.555, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Central repository" means a wholesale distributor that meets the requirements under
subdivision 3 and enters into a contract with the Board of Pharmacy in accordance with this
section.

(c) "Distribute" means to deliver, other than by administering or dispensing.

(d) "Donor" means:

(1) a health care facility as defined in this subdivision;

(2) a skilled nursing facility licensed under chapter 144A;

(3) an assisted living facility registered under chapter 144D where there is centralized
storage of drugs and 24-hour on-site licensed nursing coverage provided seven days a week;

(4) a pharmacy licensed under section 151.19, and located either in the state or outside
the state;

(5) a drug wholesaler licensed under section 151.47;

(6) a drug manufacturer licensed under section 151.252; or

(7) an individual at least 18 years of age, provided that the drug or medical supply that
is donated was obtained legally and meets the requirements of this section for donation.

(e) "Drug" means any prescription drug that has been approved for medical use in the
United States, is listed in the United States Pharmacopoeia or National Formulary, and
meets the criteria established under this section for donationnew text begin; or any over-the-counter
medication that meets the criteria established under this section for donation
new text end. This definition
includes cancer drugs and antirejection drugs, but does not include controlled substances,
as defined in section 152.01, subdivision 4, or a prescription drug that can only be dispensed
to a patient registered with the drug's manufacturer in accordance with federal Food and
Drug Administration requirements.

(f) "Health care facility" means:

(1) a physician's office or health care clinic where licensed practitioners provide health
care to patients;

(2) a hospital licensed under section 144.50;

(3) a pharmacy licensed under section 151.19 and located in Minnesota; or

(4) a nonprofit community clinic, including a federally qualified health center; a rural
health clinic; public health clinic; or other community clinic that provides health care utilizing
a sliding fee scale to patients who are low-income, uninsured, or underinsured.

(g) "Local repository" means a health care facility that elects to accept donated drugs
and medical supplies and meets the requirements of subdivision 4.

(h) "Medical supplies" or "supplies" means any prescription and nonprescription medical
supplies needed to administer a prescription drug.

(i) "Original, sealed, unopened, tamper-evident packaging" means packaging that is
sealed, unopened, and tamper-evident, including a manufacturer's original unit dose or
unit-of-use container, a repackager's original unit dose or unit-of-use container, or unit-dose
packaging prepared by a licensed pharmacy according to the standards of Minnesota Rules,
part 6800.3750.

(j) "Practitioner" has the meaning given in section 151.01, subdivision 23, except that
it does not include a veterinarian.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2020, section 151.555, subdivision 7, is amended to read:


Subd. 7.

Standards and procedures for inspecting and storing donated prescription
drugs and supplies.

(a) A pharmacist or authorized practitioner who is employed by or
under contract with the central repository or a local repository shall inspect all donated
prescription drugs and supplies before the drug or supply is dispensed to determine, to the
extent reasonably possible in the professional judgment of the pharmacist or practitioner,
that the drug or supply is not adulterated or misbranded, has not been tampered with, is safe
and suitable for dispensing, has not been subject to a recall, and meets the requirements for
donation. The pharmacist or practitioner who inspects the drugs or supplies shall sign an
inspection record stating that the requirements for donation have been met. If a local
repository receives drugs and supplies from the central repository, the local repository does
not need to reinspect the drugs and supplies.

(b) The central repository and local repositories shall store donated drugs and supplies
in a secure storage area under environmental conditions appropriate for the drug or supply
being stored. Donated drugs and supplies may not be stored with nondonated inventory. deleted text beginIf
donated drugs or supplies are not inspected immediately upon receipt, a repository must
quarantine the donated drugs or supplies separately from all dispensing stock until the
donated drugs or supplies have been inspected and (1) approved for dispensing under the
program; (2) disposed of pursuant to paragraph (c); or (3) returned to the donor pursuant to
paragraph (d).
deleted text end

(c) The central repository and local repositories shall dispose of all prescription drugs
and medical supplies that are not suitable for donation in compliance with applicable federal
and state statutes, regulations, and rules concerning hazardous waste.

(d) In the event that controlled substances or prescription drugs that can only be dispensed
to a patient registered with the drug's manufacturer are shipped or delivered to a central or
local repository for donation, the shipment delivery must be documented by the repository
and returned immediately to the donor or the donor's representative that provided the drugs.

(e) Each repository must develop drug and medical supply recall policies and procedures.
If a repository receives a recall notification, the repository shall destroy all of the drug or
medical supply in its inventory that is the subject of the recall and complete a record of
destruction form in accordance with paragraph (f). If a drug or medical supply that is the
subject of a Class I or Class II recall has been dispensed, the repository shall immediately
notify the recipient of the recalled drug or medical supply. A drug that potentially is subject
to a recall need not be destroyed if its packaging bears a lot number and that lot of the drug
is not subject to the recall. If no lot number is on the drug's packaging, it must be destroyed.

(f) A record of destruction of donated drugs and supplies that are not dispensed under
subdivision 8, are subject to a recall under paragraph (e), or are not suitable for donation
shall be maintained by the repository for at least deleted text beginfivedeleted text endnew text begin twonew text end years. For each drug or supply
destroyed, the record shall include the following information:

(1) the date of destruction;

(2) the name, strength, and quantity of the drug destroyed; and

(3) the name of the person or firm that destroyed the drug.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 151.555, subdivision 11, is amended to read:


Subd. 11.

Forms and record-keeping requirements.

(a) The following forms developed
for the administration of this program shall be utilized by the participants of the program
and shall be available on the board's website:

(1) intake application form described under subdivision 5;

(2) local repository participation form described under subdivision 4;

(3) local repository withdrawal form described under subdivision 4;

(4) drug repository donor form described under subdivision 6;

(5) record of destruction form described under subdivision 7; and

(6) drug repository recipient form described under subdivision 8.

(b) All records, including drug inventory, inspection, and disposal of donated prescription
drugs and medical supplies, must be maintained by a repository for a minimum of deleted text beginfivedeleted text endnew text begin twonew text end
years. Records required as part of this program must be maintained pursuant to all applicable
practice acts.

(c) Data collected by the drug repository program from all local repositories shall be
submitted quarterly or upon request to the central repository. Data collected may consist of
the information, records, and forms required to be collected under this section.

(d) The central repository shall submit reports to the board as required by the contract
or upon request of the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 151.555, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Cooperation. new text end

new text begin The central repository, as approved by the Board of Pharmacy,
may enter into an agreement with another state that has an established drug repository or
drug donation program if the other state's program includes regulations to ensure the purity,
integrity, and safety of the drugs and supplies donated, to permit the central repository to
offer to another state program inventory that is not needed by a Minnesota resident and to
accept inventory from another state program to be distributed to local repositories and
dispensed to Minnesota residents in accordance with this program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12. new text beginOPIATE REGISTRATION FEE REDUCTION.
new text end

new text begin (a) For purposes of assessing the opiate registration fee under Minnesota Statutes, section
151.066, subdivision 3, that is required to be paid on June 1, 2021, in accordance with
Minnesota Statutes, section 151.252, subdivision 1, paragraph (b), the Board of Pharmacy
shall not consider any injectable opiate product distributed to a hospital or hospital pharmacy.
If there is money deposited into the separate account as described in Minnesota Statutes,
section 16A.151, subdivision 2, paragraph (g), the board shall submit to the commissioner
of management and budget an estimate of the difference in the annual opiate registration
fee revenue collected under Minnesota Statutes, section 151.066, due to the exception
described in this paragraph.
new text end

new text begin (b) Any estimated loss to the opiate registration fee revenue attributable to paragraph
(a) must be included in any transfer that occurs under Minnesota Statutes, section 16A.151,
subdivision 2, paragraph (g), in calendar year 2021.
new text end

new text begin (c) If a manufacturer has already paid the opiate registration fee due on June 1, 2021,
the Board of Pharmacy shall return the amount of the fee to the manufacturer if the
manufacturer would not have been required to pay the fee after the calculations described
in paragraph (a) were made.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 5

HEALTH COVERAGE AND TRANSPARENCY

Section 1.

Minnesota Statutes 2020, section 62J.701, is amended to read:


62J.701 GOVERNMENTAL PROGRAMS.

deleted text begin (a) Beginning January 1, 1999, the provisions in paragraphs (b) to (e) apply.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end For purposes of sections 62J.695 to 62J.80, the requirements and other provisions
that apply to health plan companies also apply to governmental programs.

deleted text begin (c)deleted text endnew text begin (b)new text end For purposes of this section, "governmental programs" means the medical
assistance program, the MinnesotaCare program, the state employee group insurance
program, the public employees insurance program under section 43A.316, and coverage
provided by political subdivisions under section 471.617.

deleted text begin (d)deleted text endnew text begin (c)new text end Notwithstanding paragraph deleted text begin(b)deleted text endnew text begin (a)new text end, section 62J.72 does not apply to the
fee-for-service programs under medical assistance and MinnesotaCarenew text begin and section 62J.72,
subdivision 3, paragraph (b), does not apply to the prepaid medical assistance program or
MinnesotaCare
new text end.

deleted text begin (e)deleted text endnew text begin (d)new text end If a state commissioner or local unit of government contracts with a health plan
company or a third-party administrator, the contract may assign any obligations under
paragraph deleted text begin(b)deleted text endnew text begin (a)new text end to the health plan company or third-party administrator. Nothing in this
paragraph shall be construed to remove or diminish any enforcement responsibilities of the
commissioners of health or commerce provided in sections 62J.695 to 62J.80.

Sec. 2.

Minnesota Statutes 2020, section 62J.72, subdivision 3, is amended to read:


Subd. 3.

Information on patients' medical bills.

new text begin(a) new text endA health plan company and health
care provider shall provide patients and enrollees with a copy of an explicit and intelligible
bill deleted text beginwhenever the patient or enrollee is sent a bill and is responsible for paying any portion
of that bill
deleted text end. The deleted text beginbillsdeleted text endnew text begin billnew text end must contain descriptive language sufficient to be understood by
the average patient or enrollee. This subdivision does not apply to a flat co-pay paid by the
patient or enrollee at the time the service is required.

new text begin (b) In addition to the requirements in paragraph (a), when a health care provider transmits
a bill to a patient, the bill must specify the following for the health care services provided:
new text end

new text begin (1) the Medicare-allowable fee-for-service payment rate if the service is covered by
Medicare; and
new text end

new text begin (2) the provider's Medicare percent, as defined in section 62J.825, subdivision 1.
new text end

Sec. 3.

new text begin [62J.825] HEALTH CARE PRICE TRANSPARENCY; NOTICE AND
DISCLOSURE OF MEDICARE PERCENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Health plan" has the meaning given in section 62A.011, subdivision 3, and does
not include coverage provided under medical assistance, MinnesotaCare, or Medicare Part
A, Part B, or Part C.
new text end

new text begin (c) "Medicare percent" means the percentage of the Medicare allowable payment rate
that a health care provider accepts as payment in full for health care services provided by
the provider that are covered by Medicare, and for services not covered by Medicare, a
dollar amount the provider is willing to accept as payment in full.
new text end

new text begin Subd. 2. new text end

new text begin Required notice. new text end

new text begin (a) A health care provider must establish a Medicare percent
that the provider will accept as payment in full for health care services provided by that
provider. For services that are not covered by a patient's health plan or for patients who are
not insured, a provider must provide notice to patients and the public of the provider's
Medicare percent by:
new text end

new text begin (1) posting information describing the Medicare percent and specifying the provider's
Medicare percent in a prominent, clearly visible location at or near the provider's reception
desk, registration desk, or patient check-in area;
new text end

new text begin (2) posting information describing the Medicare percent and specifying the provider's
Medicare percent on the provider's public website; and
new text end

new text begin (3) including information describing the Medicare percent and specifying the provider's
Medicare percent on any document related to provider payments that the provider requires
a patient or patient's representative to sign.
new text end

new text begin (b) The notices required in paragraph (a) must include the following statement: "The
Medicare percent means the reimbursement that this provider will accept as payment in full
for services provided to patients. The Medicare percent can be used by a patient to compare
the cost of care between providers."
new text end

Sec. 4.

new text begin [62Q.097] REQUIREMENTS FOR TIMELY PROVIDER CREDENTIALING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Clean application for provider credentialing" or "clean application" means an
application for provider credentialing submitted by a health care provider to a health plan
company that is complete, is in the format required by the health plan company, and includes
all information and substantiation required by the health plan company and does not require
evaluation of any identified potential quality or safety concern.
new text end

new text begin (c) "Provider credentialing" means the process undertaken by a health plan company to
evaluate and approve a health care provider's education, training, residency, licenses,
certifications, and history of significant quality or safety concerns in order to approve the
health care provider to provide health care services to patients at a clinic or facility.
new text end

new text begin Subd. 2. new text end

new text begin Time limit for credentialing determination. new text end

new text begin A health plan company that
receives an application for provider credentialing must:
new text end

new text begin (1) if the application is determined to be a clean application for provider credentialing
and if the health care provider submitting the application or the clinic or facility at which
the health care provider provides services requests the information, affirm that the health
care provider's application is a clean application and notify the health care provider or clinic
or facility of the date by which the health plan company will make a determination on the
health care provider's application;
new text end

new text begin (2) if the application is determined not to be a clean application, inform the health care
provider of the application's deficiencies or missing information or substantiation within
three business days after the health plan company determines the application is not a clean
application; and
new text end

new text begin (3) make a determination on the health care provider's clean application within 45 days
after receiving the clean application unless the health plan company identifies a substantive
quality or safety concern in the course of provider credentialing that requires further
investigation. Upon notice to the health care provider, clinic, or facility, the health plan
company is allowed 30 additional days to investigate any quality or safety concerns.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to applications for provider credentialing
submitted to a health plan company on or after January 1, 2022.
new text end

Sec. 5.

new text begin [62Q.524] DISCLOSURE OF APPLICATION OF FUNDS FROM A PATIENT
ASSISTANCE PROGRAM TO A DEDUCTIBLE.
new text end

new text begin A health plan company must include in the summary of benefits and coverage a statement
indicating whether funds from a patient assistance program, as defined in section 62J.84,
subdivision 2, paragraph (h), are applied by the health plan company to an enrollee's
deductible.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to health
plans offered, issued, or renewed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 62W.13, is amended to read:


62W.13 RETROACTIVE ADJUSTMENTS.

No pharmacy benefit manager shall new text begindirectly or indirectly new text endretroactively deleted text beginadjustdeleted text endnew text begin deny or
reduce
new text end a claim new text beginor aggregate of claims new text endfor reimbursement submitted by a pharmacy for a
prescription drug, new text beginmore than 30 days after the original claim was submitted,new text end unless the
adjustment is a result of adeleted text begin:
deleted text end

deleted text begin (1)deleted text end pharmacy audit conducted in accordance with section 62W.09new text begin and it was determined
that:
new text end

new text begin (1) the original claim was submitted fraudulently; or
new text end

new text begin (2) the original claim payment was incorrect because the pharmacy was already paid
for the prescription drug or service
new text end deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (2) technical billing error.
deleted text end

ARTICLE 6

BACKGROUND STUDIES

Section 1.

Minnesota Statutes 2020, section 144.057, subdivision 1, is amended to read:


Subdivision 1.

Background studies required.

new text begin(a) Except as specified in paragraph (b),
new text end the commissioner of health shall contract with the commissioner of human services to
conduct background studies of:

(1) individuals providing services that have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; assisted living facilities and assisted living
facilities with dementia care licensed under chapter 144G; and board and lodging
establishments that are registered to provide supportive or health supervision services under
section 157.17;

(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A; an assisted
living facility or assisted living facility with dementia care licensed under chapter 144G;
or a boarding care home licensed under sections 144.50 to 144.58. If the individual under
study resides outside Minnesota, the study must include a check for substantiated findings
of maltreatment of adults and children in the individual's state of residence when the
information is made available by that state, and must include a check of the National Crime
Information Center database;

(3) all other employees in assisted living facilities or assisted living facilities with
dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A,
and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of
an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access
to a client or the client's personal property without continuous, direct supervision as defined
in section 245C.02, subdivision 8, when the employee's employment responsibilities do not
include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; and

(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70.

new text begin (b) The commissioner of human services is not required to conduct a background study
on any individual identified in paragraph (a) if the individual has a valid license issued by
a health-related licensing board as defined in section 214.01, subdivision 2, and has completed
the criminal background check as required in section 214.075.
new text end

new text begin (c) new text endIf a facility or program is licensed by the Department of Human Services and subject
to the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245C.02, subdivision 4a, is amended to read:


Subd. 4a.

Authorized fingerprint collection vendor.

"Authorized fingerprint collection
vendor" means deleted text beginadeleted text end new text beginone of up to three new text endqualified deleted text beginorganizationdeleted text endnew text begin organizationsnew text end under deleted text beginadeleted text end written
contract with the commissioner to provide services in accordance with section 245C.05,
subdivision 5
, paragraph (b).

Sec. 3.

Minnesota Statutes 2020, section 245C.05, subdivision 2c, is amended to read:


Subd. 2c.

Privacy notice to background study subject.

(a) Prior to initiating each
background study, the entity initiating the study must provide the commissioner's privacy
notice to the background study subject required under section 13.04, subdivision 2. The
notice must be available through the commissioner's electronic NETStudy and NETStudy
2.0 systems and shall include the information in paragraphs (b) and (c).

(b) The background study subject shall be informed that any previous background studies
that received a set-aside will be reviewed, and without further contact with the background
study subject, the commissioner may notify the agency that initiated the subsequent
background study:

(1) that the individual has a disqualification that has been set aside for the program or
agency that initiated the study;

(2) the reason for the disqualification; and

(3) that information about the decision to set aside the disqualification will be available
to the license holder upon request without the consent of the background study subject.

(c) The background study subject must also be informed that:

(1) the subject's fingerprints collected for purposes of completing the background study
under this chapter must not be retained by the Department of Public Safety, Bureau of
Criminal Apprehension, or by the commissioner. The Federal Bureau of Investigation will
only retain fingerprints of subjects with a criminal history;

(2) effective upon implementation of NETStudy 2.0, the subject's photographic image
will be retained by the commissioner, and if the subject has provided the subject's Social
Security number for purposes of the background study, the photographic image will be
available to prospective employers and agencies initiating background studies under this
chapter to verify the identity of the subject of the background study;

(3) deleted text beginthe commissioner'sdeleted text endnew text begin annew text end authorized fingerprint collection vendor shall, for purposes
of verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. deleted text beginThedeleted text endnew text begin Annew text end authorized fingerprint collection vendor shall retain no more than the subject's
name and the date and time the subject's fingerprints were recorded and sent, only as
necessary for auditing and billing activities;

(4) the commissioner shall provide the subject notice, as required in section 245C.17,
subdivision 1, paragraph (a), when an entity initiates a background study on the individual;

(5) the subject may request in writing a report listing the entities that initiated a
background study on the individual as provided in section 245C.17, subdivision 1, paragraph
(b);

(6) the subject may request in writing that information used to complete the individual's
background study in NETStudy 2.0 be destroyed if the requirements of section 245C.051,
paragraph (a), are met; and

(7) notwithstanding clause (6), the commissioner shall destroy:

(i) the subject's photograph after a period of two years when the requirements of section
245C.051, paragraph (c), are met; and

(ii) any data collected on a subject under this chapter after a period of two years following
the individual's death as provided in section 245C.051, paragraph (d).

Sec. 4.

Minnesota Statutes 2020, section 245C.05, subdivision 5, is amended to read:


Subd. 5.

Fingerprints and photograph.

(a) Notwithstanding paragraph (b), for
background studies conducted by the commissioner for child foster care, children's residential
facilities, adoptions, or a transfer of permanent legal and physical custody of a child, the
subject of the background study, who is 18 years of age or older, shall provide the
commissioner with a set of classifiable fingerprints obtained from an authorized agency for
a national criminal history record check.

(b) For background studies initiated on or after the implementation of NETStudy 2.0,
except as provided under subdivision 5a, every subject of a background study must provide
the commissioner with a set of the background study subject's classifiable fingerprints and
photograph. The photograph and fingerprints must be recorded at the same time by deleted text beginthe
commissioner's
deleted text endnew text begin annew text end authorized fingerprint collection vendor and sent to the commissioner
through the commissioner's secure data system described in section 245C.32, subdivision
1a
, paragraph (b).

(c) The fingerprints shall be submitted by the commissioner to the Bureau of Criminal
Apprehension and, when specifically required by law, submitted to the Federal Bureau of
Investigation for a national criminal history record check.

(d) The fingerprints must not be retained by the Department of Public Safety, Bureau
of Criminal Apprehension, or the commissioner. The Federal Bureau of Investigation will
not retain background study subjects' fingerprints.

(e) deleted text beginThe commissioner'sdeleted text endnew text begin Annew text end authorized fingerprint collection vendor shall, for purposes
of verifying the identity of the background study subject, be able to view the identifying
information entered into NETStudy 2.0 by the entity that initiated the background study,
but shall not retain the subject's fingerprints, photograph, or information from NETStudy
2.0. deleted text beginThedeleted text endnew text begin Annew text end authorized fingerprint collection vendor shall retain no more than the name
and date and time the subject's fingerprints were recorded and sent, only as necessary for
auditing and billing activities.

(f) For any background study conducted under this chapter, the subject shall provide the
commissioner with a set of classifiable fingerprints when the commissioner has reasonable
cause to require a national criminal history record check as defined in section 245C.02,
subdivision 15a.

Sec. 5.

Minnesota Statutes 2020, section 245C.08, subdivision 1, is amended to read:


Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, new text beginparagraph (a), new text endclause (2);

(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, the
commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.

(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

Sec. 6.

Minnesota Statutes 2020, section 245C.32, subdivision 1a, is amended to read:


Subd. 1a.

NETStudy 2.0 system.

(a) The commissioner shall design, develop, and test
the NETStudy 2.0 system and implement it no later than September 1, 2015.

(b) The NETStudy 2.0 system developed and implemented by the commissioner shall
incorporate and meet all applicable data security standards and policies required by the
Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of Criminal
Apprehension, and the Office of MN.IT Services. The system shall meet all required
standards for encryption of data at the database level as well as encryption of data that
travels electronically among agencies initiating background studies, deleted text beginthe commissioner'sdeleted text end
authorized fingerprint collection deleted text beginvendordeleted text endnew text begin vendorsnew text end, the commissioner, the Bureau of Criminal
Apprehension, and in cases involving national criminal record checks, the FBI.

(c) The data system developed and implemented by the commissioner shall incorporate
a system of data security that allows the commissioner to control access to the data field
level by the commissioner's employees. The commissioner shall establish that employees
have access to the minimum amount of private data on any individual as is necessary to
perform their duties under this chapter.

(d) The commissioner shall oversee regular quality and compliance audits of deleted text beginthedeleted text end
authorized fingerprint collection deleted text beginvendordeleted text endnew text begin vendorsnew text end.

Sec. 7. new text beginDIRECTION TO COMMISSIONER OF HUMAN SERVICES; ON-SITE
BACKGROUND STUDY FINGERPRINTING.
new text end

new text begin (a) The commissioner of human services shall contract with a qualified contractor to
conduct on-site fingerprinting beginning August 1, 2021, at locations of employers with 50
or more staff with outstanding background studies, including studies that have been delayed
pursuant to the commissioner's modifications to background study requirements issued in
response to the COVID-19 outbreak. The commissioner shall develop a list of employers
with 50 or more staff who need fingerprints taken in order to complete a background study.
The commissioner and the contractor shall coordinate to develop a plan to identify which
employer locations the contractor shall serve and inform those employers and staff of the
timing and nature of the contractor's services.
new text end

new text begin (b) The commissioner may contract with the qualified contractor to provide services
under paragraph (a) up to the date of the expiration of the modification in CV23: modifying
certain background study requirements, issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 7

MISCELLANEOUS

Section 1.

new text begin [62A.082] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given unless the context clearly requires otherwise.
new text end

new text begin (b) "Disability" has the meaning given in section 363A.03, subdivision 12.
new text end

new text begin (c) "Enrollee" means a natural person covered by a health plan or group health plan and
includes an insured, policy holder, subscriber, covered person, member, contract holder, or
certificate holder.
new text end

new text begin (d) "Organ transplant" means the transplantation or transfusion of a part of a human
body into the body of another for the purpose of treating or curing a medical condition.
new text end

new text begin Subd. 2. new text end

new text begin Transplant discrimination prohibited. new text end

new text begin A health plan or group health plan
that provides coverage for anatomical gifts, organ transplants, or related treatment and
services shall not:
new text end

new text begin (1) deny coverage to an enrollee based on the enrollee's disability;
new text end

new text begin (2) deny eligibility, or continued eligibility, to enroll or to renew coverage under the
terms of the health plan or group health plan solely for the purpose of avoiding the
requirements of this section;
new text end

new text begin (3) penalize or otherwise reduce or limit the reimbursement of a health care provider,
or provide monetary or nonmonetary incentives to a health care provider, to induce the
provider to provide care to a patient in a manner inconsistent with this section; or
new text end

new text begin (4) reduce or limit an enrollee's coverage benefits because of the enrollee's disability for
medical services and other services related to organ transplantation performed pursuant to
this section as determined in consultation with the enrollee's treating health care provider
and the enrollee.
new text end

new text begin Subd. 3. new text end

new text begin Collective bargaining. new text end

new text begin In the case of a group health plan maintained pursuant
to one or more collective bargaining agreements between employee representatives and one
or more employers, any plan amendment made pursuant to a collective bargaining agreement
relating to the plan which amends the plan solely to conform to any requirement imposed
pursuant to this section shall not be treated as a termination of the collective bargaining
agreement.
new text end

new text begin Subd. 4. new text end

new text begin Coverage limitation. new text end

new text begin Nothing in this section shall be deemed to require a health
plan or group health plan to provide coverage for a medically inappropriate organ transplant.
new text end

Sec. 2.

Minnesota Statutes 2020, section 260E.31, subdivision 1, is amended to read:


Subdivision 1.

Reports required.

(a) Except as provided in paragraph (b), a person
mandated to report under this chapter shall immediately report to the local welfare agency
if the person knows or has reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the pregnancy, including but not
limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy
in any way that is habitual or excessive.

(b) A health care professional or a social service professional who is mandated to report
under this chapter is exempt from reporting under paragraph (a) deleted text begina woman's use or
consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy
deleted text end if the
professional is providing new text beginor collaborating with other professionals to provide new text endthe woman
with prenatal carenew text begin, postpartum care,new text end or other health care servicesnew text begin, including care of the
woman's infant
new text end. new text beginIf the woman does not continue to receive regular prenatal or postpartum
care, after the woman's health care professional has made attempts to contact the woman,
then the professional is required to report under paragraph (a).
new text end

(c) Any person may make a voluntary report if the person knows or has reason to believe
that a woman is pregnant and has used a controlled substance for a nonmedical purpose
during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed
alcoholic beverages during the pregnancy in any way that is habitual or excessive.

(d) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required to report shall be followed within 72 hours, exclusive of weekends
and holidays, by a report in writing to the local welfare agency. Any report shall be of
sufficient content to identify the pregnant woman, the nature and extent of the use, if known,
and the name and address of the reporter. The local welfare agency shall accept a report
made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the
reporter's name or address as long as the report is otherwise sufficient.

(e) For purposes of this section, "prenatal care" means the comprehensive package of
medical and psychological support provided throughout the pregnancy.

Sec. 3.

new text begin [363A.50] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given unless the context clearly requires otherwise.
new text end

new text begin (b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.
new text end

new text begin (c) "Auxiliary aids and services" include, but are not limited to:
new text end

new text begin (1) qualified interpreters or other effective methods of making aurally delivered materials
available to individuals with hearing impairments;
new text end

new text begin (2) qualified readers, taped texts, texts in accessible electronic format, or other effective
methods of making visually delivered materials available to individuals with visual
impairments;
new text end

new text begin (3) the provision of information in a format that is accessible for individuals with
cognitive, neurological, developmental, intellectual, or physical disabilities;
new text end

new text begin (4) the provision of supported decision-making services; and
new text end

new text begin (5) the acquisition or modification of equipment or devices.
new text end

new text begin (d) "Covered entity" means:
new text end

new text begin (1) any licensed provider of health care services, including licensed health care
practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric
residential treatment facilities, institutions for individuals with intellectual or developmental
disabilities, and prison health centers; or
new text end

new text begin (2) any entity responsible for matching anatomical gift donors to potential recipients.
new text end

new text begin (e) "Disability" has the meaning given in section 363A.03, subdivision 12.
new text end

new text begin (f) "Organ transplant" means the transplantation or infusion of a part of a human body
into the body of another for the purpose of treating or curing a medical condition.
new text end

new text begin (g) "Qualified individual" means an individual who, with or without available support
networks, the provision of auxiliary aids and services, or reasonable modifications to policies
or practices, meets the essential eligibility requirements for the receipt of an anatomical
gift.
new text end

new text begin (h) "Reasonable modifications" include, but are not limited to:
new text end

new text begin (1) communication with individuals responsible for supporting an individual with
postsurgical and post-transplantation care, including medication; and
new text end

new text begin (2) consideration of support networks available to the individual, including family,
friends, and home and community-based services, including home and community-based
services funded through Medicaid, Medicare, another health plan in which the individual
is enrolled, or any program or source of funding available to the individual, in determining
whether the individual is able to comply with post-transplant medical requirements.
new text end

new text begin (i) "Supported decision making" has the meaning given in section 524.5-102, subdivision
16a.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition of discrimination. new text end

new text begin (a) A covered entity may not on the basis of a
qualified individual's mental or physical disability:
new text end

new text begin (1) deem an individual ineligible to receive an anatomical gift or organ transplant;
new text end

new text begin (2) deny medical or related organ transplantation services, including evaluation, surgery,
counseling, and postoperative treatment and care;
new text end

new text begin (3) refuse to refer the individual to a transplant center or other related specialist for the
purpose of evaluation or receipt of an anatomical gift or organ transplant;
new text end

new text begin (4) refuse to place an individual on an organ transplant waiting list or place the individual
at a lower-priority position on the list than the position at which the individual would have
been placed if not for the individual's disability; or
new text end

new text begin (5) decline insurance coverage for any procedure associated with the receipt of the
anatomical gift or organ transplant, including post-transplantation and postinfusion care.
new text end

new text begin (b) Notwithstanding paragraph (a), a covered entity may take an individual's disability
into account when making treatment or coverage recommendations or decisions, solely to
the extent that the physical or mental disability has been found by a physician, following
an individualized evaluation of the potential recipient to be medically significant to the
provision of the anatomical gift or organ transplant. The provisions of this section may not
be deemed to require referrals or recommendations for, or the performance of, medically
inappropriate organ transplants.
new text end

new text begin (c) If an individual has the necessary support system to assist the individual in complying
with post-transplant medical requirements, an individual's inability to independently comply
with those requirements may not be deemed to be medically significant for the purposes of
paragraph (b).
new text end

new text begin (d) A covered entity must make reasonable modifications to policies, practices, or
procedures, when such modifications are necessary to make services such as
transplantation-related counseling, information, coverage, or treatment available to qualified
individuals with disabilities, unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such services.
new text end

new text begin (e) A covered entity must take such steps as may be necessary to ensure that no qualified
individual with a disability is denied services such as transplantation-related counseling,
information, coverage, or treatment because of the absence of auxiliary aids and services,
unless the entity can demonstrate that taking such steps would fundamentally alter the nature
of the services being offered or result in an undue burden.
new text end

new text begin (f) A covered entity must otherwise comply with the requirements of Titles II and III of
the Americans with Disabilities Act of 1990, the Americans with Disabilities Act
Amendments Act of 2008, and the Minnesota Human Rights Act.
new text end

new text begin (g) The provisions of this section apply to each part of the organ transplant process.
new text end

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin In addition to all other remedies available under this chapter, any
individual who has been subjected to discrimination in violation of this section may initiate
a civil action in a court of competent jurisdiction to enjoin violations of this section.
new text end

APPENDIX

Repealed Minnesota Statutes: S2360-1

16A.724 HEALTH CARE ACCESS FUND.

Subd. 2.

Transfers.

(a) Notwithstanding section 295.581, to the extent available resources in the health care access fund exceed expenditures in that fund, effective for the biennium beginning July 1, 2007, the commissioner of management and budget shall transfer the excess funds from the health care access fund to the general fund on June 30 of each year, provided that the amount transferred in fiscal year 2016 shall not exceed $48,000,000, the amount in fiscal year 2017 shall not exceed $122,000,000, and the amount in any fiscal biennium thereafter shall not exceed $244,000,000. The purpose of this transfer is to meet the rate increase required under section 256B.04, subdivision 25.

(b) For fiscal years 2006 to 2011, MinnesotaCare shall be a forecasted program, and, if necessary, the commissioner shall reduce these transfers from the health care access fund to the general fund to meet annual MinnesotaCare expenditures or, if necessary, transfer sufficient funds from the general fund to the health care access fund to meet annual MinnesotaCare expenditures.

144E.27 EDUCATION PROGRAMS; BOARD APPROVAL.

Subdivision 1.

Education program instructor.

An education program instructor must be an emergency medical responder, EMT, AEMT, paramedic, physician, physician assistant, or registered nurse.

Subd. 1a.

Approval required.

(a) All education programs for an emergency medical responder must be approved by the board.

(b) To be approved by the board, an education program must:

(1) submit an application prescribed by the board that includes:

(i) type and length of course to be offered;

(ii) names, addresses, and qualifications of the program medical director, program education coordinator, and instructors;

(iii) admission criteria for students; and

(iv) materials and equipment to be used;

(2) for each course, implement the most current version of the United States Department of Transportation EMS Education Standards, or its equivalent as determined by the board applicable to Emergency Medical Responder registration education;

(3) have a program medical director and a program coordinator;

(4) have at least one instructor for every ten students at the practical skill stations;

(5) retain documentation of program approval by the board, course outline, and student information; and

(6) submit the appropriate fee as required under section 144E.29.

(c) The National EMS Education Standards by the NHTSA, United States Department of Transportation contains the minimal entry level of knowledge and skills for emergency medical responders. Medical directors of emergency medical responder groups may expand the knowledge and skill set.

151.19 REGISTRATION; FEES.

Subd. 3.

Sale of federally restricted medical gases.

(a) A person or establishment not licensed as a pharmacy or a practitioner must not engage in the retail sale or dispensing of federally restricted medical gases without first obtaining a registration from the board and paying the applicable fee specified in section 151.065. The registration must be displayed in a conspicuous place in the business for which it is issued and expires on the date set by the board. It is unlawful for a person to sell or dispense federally restricted medical gases unless a certificate has been issued to that person by the board.

(b) Application for a medical gas dispenser registration under this section must be made in a manner specified by the board.

(c) A registration must not be issued or renewed for a medical gas dispenser located within the state unless the applicant agrees to operate in a manner prescribed by federal and state law and according to the rules adopted by the board. A license must not be issued for a medical gas dispenser located outside of the state unless the applicant agrees to operate in a manner prescribed by federal law and, when dispensing medical gases for residents of this state, the laws of this state and Minnesota Rules.

(d) A registration must not be issued or renewed for a medical gas dispenser that is required to be licensed or registered by the state in which it is physically located unless the applicant supplies the board with proof of the licensure or registration. The board may, by rule, establish standards for the registration of a medical gas dispenser that is not required to be licensed or registered by the state in which it is physically located.

(e) The board must require a separate registration for each medical gas dispenser located within the state and for each facility located outside of the state from which medical gases are dispensed to residents of this state.

(f) Prior to the issuance of an initial or renewed registration for a medical gas dispenser, the board may require the medical gas dispenser to pass an inspection conducted by an authorized representative of the board. In the case of a medical gas dispenser located outside of the state, the board may require the applicant to pay the cost of the inspection, in addition to the license fee in section 151.065, unless the applicant furnishes the board with a report, issued by the appropriate regulatory agency of the state in which the facility is located, of an inspection that has occurred within the 24 months immediately preceding receipt of the license application by the board. The board may deny licensure unless the applicant submits documentation satisfactory to the board that any deficiencies noted in an inspection report have been corrected.