SF 2585

as introduced - 87th Legislature (2011 - 2012) Posted on 03/30/2012 09:07am

A bill for an act
relating to state government; requiring development of outreach, public
education, and screening for maternal depression; expanding medical assistance
eligibility for pregnant women and infants; requiring the commissioner of
human services to provide technical assistance related to maternal depression
screening and referrals; adding parenting skills to adult rehabilitative mental
health services; expanding Minnesota health care program outreach; providing
appointments; requiring reports; appropriating money; amending Minnesota
Statutes 2010, sections 119B.03, subdivision 3; 119B.05, subdivision 1; 125A.27,
subdivision 11; 145.906; 145A.17, subdivisions 1, 8, by adding a subdivision;
214.12, by adding a subdivision; 256B.04, by adding a subdivision; 256B.055,
subdivisions 5, 6; 256B.057, subdivision 1; 256B.0623, subdivision 2; Minnesota
Statutes 2011 Supplement, section 119B.13, subdivision 7; Laws 2011, First
Special Session chapter 9, article 10, section 3, subdivision 4; Laws 2011, First
Special Session chapter 11, article 7, section 2, subdivision 5; proposing coding
for new law in Minnesota Statutes, chapter 145; repealing Minnesota Statutes
2010, section 256J.24, subdivision 6.

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

ARTICLE 1

HEALTH CARE

Section 1.

Minnesota Statutes 2010, section 145.906, is amended to read:

145.906 POSTPARTUM DEPRESSION EDUCATION AND INFORMATION.

(a) The commissioner of health shall work with health care facilities, licensed health
and mental health care professionals, new text begin the women, infants, and children (WIC) program,
new text end mental health advocates, consumers, and families in the state to develop materials and
information about postpartum depression, including treatment resources, and develop
policies and procedures to comply with this section.

(b) Physicians, traditional midwives, and other licensed health care professionals
providing prenatal care to women must have available to women and their families
information about postpartum depression.

(c) Hospitals and other health care facilities in the state must provide departing new
mothers and fathers and other family members, as appropriate, with written information
about postpartum depression, including its symptoms, methods of coping with the illness,
and treatment resources.

new text begin (d) The commissioner of health, in collaboration with the commissioner of human
services and to the extent authorized by the federal Centers for Disease Control and
Prevention, shall reduce racial disparities in postpartum information reported in surveys
of maternal attitudes and experiences before, during, and after pregnancy, such as those
conducted by the commissioner of health.
new text end

Sec. 2.

new text begin [145.907] MATERNAL DEPRESSION; DEFINITION.
new text end

new text begin "Maternal depression" means depression or other perinatal mood or anxiety disorder
experienced by a woman during pregnancy or during the first two years following the
birth of her child.
new text end

Sec. 3.

Minnesota Statutes 2010, section 145A.17, subdivision 1, is amended to read:

Subdivision 1.

Establishment; goals.

The commissioner shall establish a program
to fund family home visiting programs designed to foster healthy beginnings, improve
pregnancy outcomes, promote school readiness, prevent child abuse and neglect, reduce
juvenile delinquency, promote positive parenting and resiliency in children, and promote
family health and economic self-sufficiency for children and families. The commissioner
shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of
professionals and paraprofessionals from the fields of public health nursing, social work,
and early childhood education. A program funded under this section must serve families
at or below 200 percent of the federal poverty guidelines, and other families determined
to be at risk, including but not limited to being at risk for child abuse, child neglect, or
juvenile delinquency. Programs must begin prenatally whenever possible and must be
targeted to families with:

(1) adolescent parents;

(2) a history of alcohol or other drug abuse;

(3) a history of child abuse, domestic abuse, or other types of violence;

(4) a history of domestic abuse, rape, or other forms of victimization;

(5) reduced cognitive functioning;

(6) a lack of knowledge of child growth and development stages;

(7) low resiliency to adversities and environmental stresses;

(8) insufficient financial resources to meet family needs;

(9) a history of homelessness;

(10) a risk of long-term welfare dependence or family instability due to employment
barriers; deleted text begin or
deleted text end

new text begin (11) a serious mental health disorder, including maternal depression as defined in
section 145.907; or
new text end

deleted text begin (11) deleted text end new text begin (12) new text end other risk factors as determined by the commissioner.

Sec. 4.

Minnesota Statutes 2010, section 145A.17, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Practice standards; development. new text end

new text begin The commissioner, in consultation
with others including representatives of family home visiting providers, community health
boards, tribal governments, and mental health services providers, shall develop practice
standards and a common set of measurable outcomes for family home visiting programs.
The practice standards must include screening of all primary caregivers for depression or
other serious mental illness who are not being successfully treated.
new text end

Sec. 5.

Minnesota Statutes 2010, section 145A.17, subdivision 8, is amended to read:

Subd. 8.

Report.

By January 15, 2002, and January 15 of each even-numbered year
thereafter, the commissioner shall submit a report to the legislature on the family home
visiting programs funded under this section new text begin including data collected under subdivision 6, new text end
and on the results of the evaluations conducted under subdivision 7.

Sec. 6.

Minnesota Statutes 2010, section 256B.04, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Maternal depression screening and referral. new text end

new text begin (a) The commissioner
shall provide technical assistance to health care providers to improve maternal depression
screening and referral rates for medical assistance and MinnesotaCare enrollees. The
technical assistance must include, but is not limited to, the provision of information on
culturally competent practice, administrative and legal liability issues, and best practices
for discussing mental health issues with patients.
new text end

new text begin (b) The commissioner, in consultation with the commissioners of health and
education, shall monitor: (1) maternal depression screening and referral rates based on
medical assistance and MinnesotaCare claims and Pregnancy Risk Assessment Monitoring
System (PRAMS) survey findings; and (2) the impact of improved screening and referral
rates on child well-being using a variety of methods, including but not limited to analyzing
trends in measures of children's school readiness. The information must be publicly
available and reported annually on the agency Web site.
new text end

new text begin (c) For purposes of this subdivision, "maternal depression" has the meaning provided
in section 145.907.
new text end

Sec. 7.

Minnesota Statutes 2010, section 256B.055, subdivision 5, is amended to read:

Subd. 5.

Pregnant women; dependent unborn child.

Medical assistance may be
paid for a pregnant woman who has written verification of a positive pregnancy test from
a physician or licensed registered nurse, who meets the other eligibility criteria of this
section and who would be categorically eligible for assistance under the state's AFDC
plan in effect as of July 16, 1996, as required by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, if the child
had been born and was living with the woman. For purposes of this subdivision, a woman
is considered pregnant for deleted text begin 60 days deleted text end new text begin two years new text end postpartum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, or upon federal
approval, whichever is later.
new text end

Sec. 8.

Minnesota Statutes 2010, 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 has written verification of a positive pregnancy test from a
physician or licensed registered nurse, 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. For purposes of this subdivision, a woman is considered
pregnant for deleted text begin 60 days deleted text end new text begin two years new text end postpartum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, or upon federal
approval, whichever is later.
new text end

Sec. 9.

Minnesota Statutes 2010, section 256B.057, subdivision 1, is amended to read:

Subdivision 1.

Infants and pregnant women.

(a)(1) An infant less than one year of
age or a pregnant woman who has written verification of a positive pregnancy test from
a physician or licensed registered nurse is eligible for medical assistance if countable
family income is equal to or less than 275 percent of the federal poverty guideline for the
same family size. For purposes of this subdivision, "countable family income" means the
amount of income considered available using the methodology of the AFDC program
under the state's AFDC plan as of July 16, 1996, as required by the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193,
except for the earned income disregard and employment deductions.

(2) For applications processed within one calendar month prior to the effective date,
eligibility shall be determined by applying the income standards and methodologies in
effect prior to the effective date for any months in the six-month budget period before
that date and the income standards and methodologies in effect on the effective date for
any months in the six-month budget period on or after that date. The income standards
for each month shall be added together and compared to the applicant's total countable
income for the six-month budget period to determine eligibility.

(b)(1) [Expired, 1Sp2003 c 14 art 12 s 19]

(2) For applications processed within one calendar month prior to July 1, 2003,
eligibility shall be determined by applying the income standards and methodologies in
effect prior to July 1, 2003, for any months in the six-month budget period before July 1,
2003, and the income standards and methodologies in effect on the expiration date for any
months in the six-month budget period on or after July 1, 2003. The income standards
for each month shall be added together and compared to the applicant's total countable
income for the six-month budget period to determine eligibility.

(3) An amount equal to the amount of earned income exceeding 275 percent of
the federal poverty guideline, up to a maximum of the amount by which the combined
total of 185 percent of the federal poverty guideline plus the earned income disregards
and deductions allowed under the state's AFDC plan as of July 16, 1996, as required
by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA), Public
Law 104-193, exceeds 275 percent of the federal poverty guideline will be deducted for
pregnant women and infants less than one year of age.

(c) Dependent care and child support paid under court order shall be deducted from
the countable income of pregnant women.

(d) An infant born to a woman who was eligible for and receiving medical assistance
on the date of the child's birth shall continue to be eligible for medical assistance without
redetermination until the child's deleted text begin first deleted text end new text begin second new text end birthday.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, or upon federal
approval, whichever is later.
new text end

Sec. 10.

Minnesota Statutes 2010, section 256B.0623, subdivision 2, is amended to
read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "Adult rehabilitative mental health services" means mental health services
which are rehabilitative and enable the recipient to develop and enhance psychiatric
stability, social competencies, personal and emotional adjustment, and independent living new text begin ,
parenting, new text end and community skills, when these abilities are impaired by the symptoms of
mental illness. Adult rehabilitative mental health services are also appropriate when
provided to enable a recipient to retain stability and functioning, if the recipient would
be at risk of significant functional decompensation or more restrictive service settings
without these services.

(1) Adult rehabilitative mental health services instruct, assist, and support the
recipient in areas such as: interpersonal communication skills, community resource
utilization and integration skills, crisis assistance, relapse prevention skills, health care
directives, budgeting and shopping skills, healthy lifestyle skills and practices, cooking
and nutrition skills, transportation skills, medication education and monitoring, mental
illness symptom management skills, household management skills, employment-related
skills, new text begin parenting, new text end and transition to community living services.

(2) These services shall be provided to the recipient on a one-to-one basis in the
recipient's home or another community setting or in groups.

(b) "Medication education services" means services provided individually or in
groups which focus on educating the recipient about mental illness and symptoms; the role
and effects of medications in treating symptoms of mental illness; and the side effects of
medications. Medication education is coordinated with medication management services
and does not duplicate it. Medication education services are provided by physicians,
pharmacists, physician's assistants, or registered nurses.

(c) "Transition to community living services" means services which maintain
continuity of contact between the rehabilitation services provider and the recipient and
which facilitate discharge from a hospital, residential treatment program under Minnesota
Rules, chapter 9505, board and lodging facility, or nursing home. Transition to community
living services are not intended to provide other areas of adult rehabilitative mental health
services.

Sec. 11. new text begin HEALTH CARE PROGRAM OUTREACH.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of human services
for the fiscal year ending June 30, 2013, to award health care program outreach grants and
to fund the incentive program under Minnesota Statutes, section 256.962, subdivisions
2 and 5.
new text end

ARTICLE 2

MISCELLANEOUS

Section 1.

Minnesota Statutes 2010, section 125A.27, subdivision 11, is amended to
read:

Subd. 11.

Interagency child find systems.

"Interagency child find systems" means
activities developed on an interagency basis with the involvement of interagency early
intervention committees and other relevant community groups using rigorous standards
to actively seek out, identify, and refer infants and young children, with, or at risk of,
disabilities, and their families, including a child under the age of three who:

(1) is involved in a substantiated case of abuse or neglect deleted text begin , or deleted text end new text begin ; new text end

(2) is identified as affected by illegal substance abuse, or withdrawal symptoms
resulting from prenatal drug exposure, to reduce the need for future services new text begin ; or
new text end

new text begin (3) has a parent with a diagnosis of depression or other serious mental illness within
the prior three years new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 214.12, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Parental depression. new text end

new text begin (a) The health-related licensing boards that regulate
professions that serve caregivers at risk of depression, or their children, including
behavioral health and therapy, chiropractic, marriage and family therapy, medical practice,
nursing, psychology, and social work, shall require licensees to receive education on
the subject of parental depression and its potential effects on children if unaddressed,
including how to:
new text end

new text begin (1) screen mothers for depression;
new text end

new text begin (2) identify children who are affected by their mother's depression; and
new text end

new text begin (3) provide treatment or referral information on needed services.
new text end

new text begin (b) The health-related licensing boards shall require at least two hours of continuing
education credit each reporting period on delivery of culturally competent services to
parents with depression.
new text end

Sec. 3.

Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision 4,
is amended to read:

Subd. 4. Grant Programs

The amounts that may be spent from this
appropriation for each purpose are as follows:

(a) Support Services Grants

Appropriations by Fund
General	8,715,000	8,715,000
Federal TANF	100,525,000	94,611,000

MFIP Consolidated Fund Grants. The
TANF fund base is reduced by $10,000,000
each year beginning in fiscal year 2012.

Subsidized Employment Funding Through
ARRA. The commissioner is authorized to
apply for TANF emergency fund grants for
subsidized employment activities. Growth
in expenditures for subsidized employment
within the supported work program and the
MFIP consolidated fund over the amount
expended in the calendar year quarters in
the TANF emergency fund base year shall
be used to leverage the TANF emergency
fund grants for subsidized employment and
to fund supported work. The commissioner
shall develop procedures to maximize
reimbursement of these expenditures over the
TANF emergency fund base year quarters,
and may contract directly with employers
and providers to maximize these TANF
emergency fund grants.

(b) Basic Sliding Fee Child Care Assistance Grants

37,144,000

38,678,000

Base Adjustment. The general fund base is
decreased by $990,000 in fiscal year 2014
and $979,000 in fiscal year 2015.

Child Care and Development Fund
Unexpended Balance. In addition to
the amount provided in this section, the
commissioner shall expend $5,000,000
in fiscal year 2012 from the federal child
care and development fund unexpended
balance for basic sliding fee child care under
Minnesota Statutes, section 119B.03. The
commissioner shall ensure that all child
care and development funds are expended
according to the federal child care and
development fund regulations.

(c) Child Care Development Grants

774,000

774,000

Base Adjustment. The general fund base is
increased by $713,000 in fiscal years 2014
and 2015.

(d) Child Support Enforcement Grants

50,000

50,000

Federal Child Support Demonstration
Grants. Federal administrative
reimbursement resulting from the federal
child support grant expenditures authorized
under section 1115a of the Social Security
Act is appropriated to the commissioner for
this activity.

(e) Children's Services Grants

Appropriations by Fund
General	47,949,000	48,507,000
Federal TANF	140,000	140,000

Adoption Assistance and Relative Custody
Assistance Transfer. The commissioner
may transfer unencumbered appropriation
balances for adoption assistance and relative
custody assistance between fiscal years and
between programs.

Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.

Adoption Assistance Incentive Grants.
Federal funds available during fiscal year
2012 and fiscal year 2013 for adoption
incentive grants are appropriated to the
commissioner for these purposes.

(f) Children and Community Services Grants

53,301,000

53,301,000

(g) Children and Economic Support Grants

Appropriations by Fund
General	16,103,000	16,180,000
Federal TANF	700,000	0

Long-Term Homeless Services. $700,000
is appropriated from the federal TANF
fund for the biennium beginning July
1, 2011, to the commissioner of human
services for long-term homeless services
for low-income homeless families under
Minnesota Statutes, section 256K.26. This
is a onetime appropriation and is not added
to the base.

Base Adjustment. The general fund base is
increased by $42,000 in fiscal year 2014 and
$43,000 in fiscal year 2015.

Minnesota Food Assistance Program.
$333,000 in fiscal year 2012 and $408,000 in
fiscal year 2013 are to increase the general
fund base for the Minnesota food assistance
program. Unexpended funds for fiscal year
2012 do not cancel but are available to the
commissioner for this purpose in fiscal year
2013.

(h) Health Care Grants

Appropriations by Fund
General	26,000	66,000
Health Care Access	190,000	190,000

Base Adjustment. The general fund base is
increased by $24,000 in each of fiscal years
2014 and 2015.

(i) Aging and Adult Services Grants

12,154,000

11,456,000

Aging Grants Reduction. Effective July
1, 2011, funding for grants made under
Minnesota Statutes, sections 256.9754 and
256B.0917, subdivision 13, is reduced by
$3,600,000 for each year of the biennium.
These reductions are onetime and do
not affect base funding for the 2014-2015
biennium. Grants made during the 2012-2013
biennium under Minnesota Statutes, section
256B.9754, must not be used for new
construction or building renovation.

Essential Community Support Grant
Delay. Upon federal approval to implement
the nursing facility level of care on July
1, 2013, essential community supports
grants under Minnesota Statutes, section
256B.0917, subdivision 14, are reduced by
$6,410,000 in fiscal year 2013. Base level
funding is increased by $5,541,000 in fiscal
year 2014 and $6,410,000 in fiscal year 2015.

Base Level Adjustment. The general fund
base is increased by $10,035,000 in fiscal
year 2014 and increased by $10,901,000 in
fiscal year 2015.

(j) Deaf and Hard-of-Hearing Grants

1,936,000

1,767,000

(k) Disabilities Grants

15,945,000

18,284,000

Grants for Housing Access Services. In
fiscal year 2012, the commissioner shall
make available a total of $161,000 in housing
access services grants to individuals who
relocate from an adult foster care home to
a community living setting for assistance
with completion of rental applications or
lease agreements; assistance with publicly
financed housing options; development of
household budgets; and assistance with
funding affordable furnishings and related
household matters.

HIV Grants. The general fund appropriation
for the HIV drug and insurance grant
program shall be reduced by $2,425,000 in
fiscal year 2012 and increased by $2,425,000
in fiscal year 2014. These adjustments are
onetime and shall not be applied to the base.
Notwithstanding any contrary provision, this
provision expires June 30, 2014.

Region 10. Of this appropriation, $100,000
each year is for a grant provided under
Minnesota Statutes, section 256B.097.

Base Level Adjustment. The general fund
base is increased by $2,944,000 in fiscal year
2014 and $653,000 in fiscal year 2015.

Local Planning Grants for Creating
Alternatives to Congregate Living for
Individuals with Lower Needs. The
commissioner shall make available a total
of $250,000 per year in local planning
grants, beginning July 1, 2011, to assist
lead agencies and provider organizations in
developing alternatives to congregate living
within the available level of resources for the
home and community-based services waivers
for persons with disabilities.

Disability Linkage Line. Of this
appropriation, $125,000 in fiscal year 2012
and $300,000 in fiscal year 2013 are for
assistance to people with disabilities who are
considering enrolling in managed care.

(l) Adult Mental Health Grants

Appropriations by Fund
General	70,570,000	70,570,000
Health Care Access	750,000	750,000
Lottery Prize	1,508,000	1,508,000

Funding Usage. Up to 75 percent of a fiscal
year's appropriation for adult mental health
grants may be used to fund allocations in that
portion of the fiscal year ending December
31.

Base Adjustment. The general fund base is
increased by $200,000 in fiscal years 2014
and 2015.

(m) Children's Mental Health Grants

16,457,000

16,457,000

Funding Usage. Up to 75 percent of a fiscal
year's appropriation for children's mental
health grants may be used to fund allocations
in that portion of the fiscal year ending
December 31.

Base Adjustment. The general fund base is
increased by deleted text begin $225,000 deleted text end new text begin $....... new text end in fiscal years
2014 and 2015.

(n) Chemical Dependency Nonentitlement Grants

1,336,000

1,336,000

Sec. 4.

Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 5,
is amended to read:

Subd. 5.

Head Start program.

new text begin (a) new text end For Head Start programs under Minnesota
Statutes, section 119A.52:

	$	20,100,000	.....	2012
	$	deleted text begin 20,100,000 deleted text end new text begin ....... new text end	.....	2013

new text begin (b) As a condition of receiving an appropriation under this subdivision, a Head Start
program must provide training to its staff regarding maternal depression and other mental
illnesses that may affect the child's parent or guardian.
new text end

new text begin (c) $....... of the fiscal year 2013 appropriation under paragraph (a) must be reserved
and used only for early Head Start programs.
new text end

new text begin (d) The appropriation base for this program for fiscal year 2014 and later is $........
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 5. new text begin INSTRUCTIONS TO COMMISSIONERS; PLAN.
new text end

new text begin (a) By January 15, 2013, the commissioners of human services, health, and
education shall develop a joint plan to reduce the prevalence of parental depression and
other serious mental illness and the potential impact of unaddressed parental mental
illness on children. The plan must include specific goals, outcomes, and recommended
measures to determine the impact of interventions on the incidence of parental depression
and child well-being, including early childhood screening and the school readiness of
high-risk children. The plan shall address ways to encourage a multigenerational approach
to adult mental health and child well-being in public health, health care, adult and child
mental health, child welfare, and other relevant programs and policies, and include
recommendations to increase public awareness about untreated parental depression and
its potential harmful impact on children.
new text end

new text begin (b) The commissioners shall convene a multisector, multidisciplinary task force
to identify key goals and objectives to be included in the plan. The task force shall
include, but not be limited to, health providers, mental health providers, researchers, early
childhood professionals, and advocates.
new text end

new text begin (c) Jointly prepared biennial reports must be submitted to the legislature beginning
December 15, 2014. The reports must address progress on plan implementation, budget
and policy recommendations, and data on access to relevant services and resources
reported by race, geography, and income. The reports must address progress in achieving
goals established by Minnesota Milestones.
new text end

new text begin (d) The Department of Human Services shall be the lead agency. The Children's
Mental Health Division shall be responsible for compiling data, developing joint
performance measures, and defining the roles and responsibilities of collaborating
agencies and divisions in order to reduce the prevalence of maternal depression and its
adverse impact on child development. The Children's Mental Health Division shall be
responsible for submitting the initial plan and the biennial plans.
new text end

Sec. 6. new text begin MENTAL HEALTH CONSULTATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of human services
to provide mental health consultation to child care centers, family day care providers, and
legally unlicensed family child care providers in order to reduce the number of children
expelled from these programs due to behavioral, emotional, and developmental issues.
new text end

ARTICLE 3

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2010, section 119B.03, subdivision 3, is amended to read:

Subd. 3.

Eligible participants.

Families that meet the eligibility requirements
under sections 119B.07, 119B.09, and 119B.10, except MFIP participants, diversionary
work program, and transition year families are eligible for child care assistance under the
basic sliding fee program. new text begin Families in which a parent is unable to work due to a diagnosis
of mental illness may retain eligibility for child care assistance under this section for up to
six months if the parent is seeking or obtaining mental health treatment and the family
continues to meet all other eligibility requirements under this chapter. Families following
a recommended treatment plan may retain their child care assistance for an additional six
months if needed to continue to access mental health treatment. Families in which a parent
experiences a temporary break in the need for child care assistance due to changes in the
parent's work schedule or employment may retain eligibility for child care assistance
under this section for up to three months if the family continues to meet all other eligibility
requirements under this chapter. new text end Families enrolled in the basic sliding fee program shall
be continued until they are no longer eligible. Child care assistance provided through the
child care fund is considered assistance to the parent.

Sec. 2.

Minnesota Statutes 2010, section 119B.05, subdivision 1, is amended to read:

Subdivision 1.

Eligible participants.

Families eligible for child care assistance
under the MFIP child care program are:

(1) MFIP participants who are employed or in job search and meet the requirements
of section 119B.10;

(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;

(3) families who are participating in employment orientation or job search, or
other employment or training activities that are included in an approved employability
development plan under section 256J.95;

(4) MFIP families who are participating in work job search, job support,
employment, or training activities as required in their employment plan, or in appeals,
hearings, assessments, or orientations according to chapter 256J;

(5) MFIP families who are participating in social services activities under chapter
256J new text begin or mental health treatment new text end as required in their employment plan approved according
to chapter 256J;

(6) families who are participating in services or activities that are included in an
approved family stabilization plan under section 256J.575;

new text begin (7) MFIP child-only cases under section 256J.88. MFIP child-only cases may be
authorized to receive up to 12 hours of MFIP child care assistance per week as approved
by the county, if the child's primary caregiver has a diagnosis of depression or other
serious mental illness and is exempt from work requirements because of the primary
caregiver's disability;
new text end

deleted text begin (7) deleted text end new text begin (8) new text end families who are participating in programs as required in tribal contracts
under section 119B.02, subdivision 2, or 256.01, subdivision 2; and

deleted text begin (8) deleted text end new text begin (9) new text end families who are participating in the transition year extension under section
119B.011, subdivision 20a.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 7, is
amended to read:

Subd. 7.

Absent days.

(a) Licensed child care providers and license-exempt centers
must not be reimbursed for more than ten full-day absent days per child, excluding
holidays, in a fiscal year. new text begin However, licensed child care providers and license-exempt
centers may be reimbursed for an additional ....... absent days per child, excluding
holidays, in a fiscal year if a parent or guardian has a diagnosis of mental illness and
is receiving documented mental health services. new text end Legal nonlicensed family child care
providers must not be reimbursed for absent days. If a child attends for part of the time
authorized to be in care in a day, but is absent for part of the time authorized to be in care
in that same day, the absent time must be reimbursed but the time must not count toward
the ten absent day limit. Child care providers must only be reimbursed for absent days
if the provider has a written policy for child absences and charges all other families in
care for similar absences.

(b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten absent day
limit.

(c) A family or child care provider must not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.

(d) The provider and family shall receive notification of the number of absent days
used upon initial provider authorization for a family and ongoing notification of the
number of absent days used as of the date of the notification.

Sec. 4. new text begin TASK FORCE ON LOW-INCOME FAMILIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin A task force on low-income families is established to
review the adequacy of state programs and tax policies to support low-income families.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force shall include the following members:
new text end

new text begin (1) the commissioner of economic development or designee;
new text end

new text begin (2) the commissioner of health or designee;
new text end

new text begin (3) the commissioner of human services or designee;
new text end

new text begin (4) the commissioner of education or designee;
new text end

new text begin (5) the commissioner of revenue or designee;
new text end

new text begin (6) two county representatives appointed by the governor;
new text end

new text begin (7) two advocates for low-income families appointed by the governor;
new text end

new text begin (8) two members of the house of representatives, one from the majority party and
one from the minority party, appointed by the speaker of the house; and
new text end

new text begin (9) two members of the senate, one from the majority party and one from the
minority party, appointed by the Subcommittee on Committees of the Committee on
Rules and Administration.
new text end

new text begin Subd. 3. new text end

new text begin Staff. new text end

new text begin The Department of Employment and Economic Development shall
provide staff support for the task force.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin Within the context of the state's projected workforce and economic
development needs, the task force shall review state programs and tax policies affecting
low-income families. The task force shall consider the return on investment to the public
and private sectors of family support policies such as paid sick leave, parental leave, early
childhood programs, and family tax policies. The task force shall make recommendations
to the legislature by January 15, 2014, to modify state programs and tax policies to improve
family economic security and child outcomes, including future worker productivity. The
recommendations must be related to the Minnesota Milestones goals and measures.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force under this section expires June 30, 2013.
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. 5. new text begin APPROPRIATIONS.
new text end

new text begin Subd. 1. new text end

new text begin School readiness service agreements. new text end

new text begin $....... is appropriated from the
general fund to the commissioner of human services in fiscal year 2013 for the purposes of
school readiness service agreements under Minnesota Statutes, section 119B.231.
new text end

new text begin Subd. 2. new text end

new text begin MFIP family stabilization services. new text end

new text begin $....... is appropriated from the
general fund to the commissioner of human services in fiscal year 2013 to provide counties
with sufficient funding to implement provisions of the MFIP family stabilization services
under Minnesota Statutes, section 256J.575, to help families access mental health and
other services, and to provide state technical assistance to counties regarding ways to help
families access child care when parents have a serious mental illness.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256J.24, subdivision 6, new text end new text begin is repealed.
new text end