SF 2559

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/16/2021 03:34pm

A bill for an act
relating to state government; establishing a COVID-19 public health disaster
response; terminating the peacetime emergency declared in Executive Order No.
20-01.

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

Section 1. new text begin COVID-19 PUBLIC HEALTH DISASTER RESPONSE.
new text end

new text begin Subdivision 1. new text end

new text begin COVID-19 response powers. new text end

new text begin The state's COVID-19 public health
response is governed by this act, as of the effective date of this section. The powers granted
to the governor under Minnesota Statutes, chapter 12, do not apply to the COVID-19
infectious disease outbreak unless explicitly authorized by this section or subsequent
legislative enactment.
new text end

new text begin Subd. 2. new text end

new text begin Public health disaster declaration; eligibility for federal assistance. new text end

new text begin (a) The
commissioner of human services may declare a public health disaster if the commissioner
determines that the state must take action to protect the public health, including providing
public health services or enforcing existing health and human services laws, as part of the
state's response to the ongoing COVID-19 infectious disease outbreak.
new text end

new text begin (b) A public health disaster declared under this section must support the efforts of the
Department of Human Services to maximize and maintain the following federal benefits:
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new text begin (1) emergency allotments under the Supplemental Nutrition Assistance Program;
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new text begin (2) blanket waivers enacted by the United States Department of Health and Human
Services, Centers for Medicare and Medicaid Services;
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new text begin (3) waivers under section 1135 of the Social Security Act;
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new text begin (4) waivers under section 1915(c) of the Social Security Act, including appendix K;
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new text begin (5) funding under the Stafford Act related to noncongregate sheltering; and
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new text begin (6) federal Medicaid and basic health program funding.
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new text begin (c) During a public health disaster declared under this section, the commissioner of
health may coordinate, allocate, distribute, and manage vaccine doses, therapeutics, and
testing to respond to COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Emergency procurement. new text end

new text begin During a public health disaster declared under this
section, the governor may exercise the powers authorized by Minnesota Statutes, section
12.36, for procurements related to the distribution or administration of COVID-19 vaccines.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin A public health disaster declared under this section expires on the
earlier of the following dates:
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new text begin (1) the date the commissioner of human services determines the public health disaster
declaration is no longer necessary; or
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new text begin (2) the public health emergency issued under section 319 of the Public Health Service
Act expires, subject to renewal by the United States Secretary of Health and Human Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the earlier of July 1, 2021, or the date
on which the commissioner of health notifies the revisor of statutes that 70 percent of state
residents age 16 years or older have received one dose of an approved COVID-19 vaccine.
new text end

Sec. 2. new text begin TERMINATION OF PEACETIME EMERGENCY.
new text end

new text begin Consistent with Minnesota Statutes, section 12.31, subdivision 2, paragraph (b), the
peacetime emergency declared by Executive Order No. 20-01 issued March 13, 2020, is
terminated, effective on the earlier of July 1, 2021, or the date on which the commissioner
of health notifies the revisor of statutes that 70 percent of state residents age 16 years or
older have received one dose of an approved COVID-19 vaccine, regardless of whether
section 1 is finally enacted.
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