SF 2693

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; extending injury 
  1.3             protection to tribal injury JOBS programs; amending 
  1.4             Minnesota Statutes 1995 Supplement, section 256.737, 
  1.5             subdivision 7. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   256.737, subdivision 7, is amended to read: 
  1.9      Subd. 7.  [INJURY PROTECTION FOR WORK EXPERIENCE 
  1.10  PARTICIPANTS.] (a) Payment of any claims resulting from an 
  1.11  alleged injury or death of a recipient participating in a 
  1.12  community work experience program established and operated by a 
  1.13  county or a tribal JOBS program pursuant to this section shall 
  1.14  be determined in accordance with this section.  This 
  1.15  determination method applies to work experience programs 
  1.16  established under aid to families with dependent children, work 
  1.17  readiness, Minnesota parent's fair share, and to obligors 
  1.18  participating in community services pursuant to section 518.551, 
  1.19  subdivision 5a, in a county with an approved community 
  1.20  investment program. 
  1.21     (b) Claims that are subject to this section shall be 
  1.22  investigated by the county agency or the tribal JOBS program 
  1.23  responsible for supervising the work to determine whether the 
  1.24  claimed injury occurred, whether the claimed medical expenses 
  1.25  are reasonable, and whether the loss is covered by the 
  2.1   claimant's insurance.  If insurance coverage is established, the 
  2.2   county agency or tribal JOBS program shall submit the claim to 
  2.3   the appropriate insurance entity for payment.  The investigating 
  2.4   county agency or tribal JOBS program shall submit all valid 
  2.5   claims, in the amount net of any insurance payments, to the 
  2.6   department of human services.  
  2.7      (c) The department of human services shall submit all 
  2.8   claims for impairment compensation to the commissioner of labor 
  2.9   and industry.  The commissioner of labor and industry shall 
  2.10  review all submitted claims and recommend to the department of 
  2.11  human services an amount of compensation comparable to that 
  2.12  which would be provided under the impairment compensation 
  2.13  schedule of section 176.101, subdivision 3b. 
  2.14     (d) The department of human services shall approve a claim 
  2.15  of $1,000 or less for payment if appropriated funds are 
  2.16  available, if the county agency or tribal JOBS program 
  2.17  responsible for supervising the work has made the determinations 
  2.18  required by this section, and if the work program was operated 
  2.19  in compliance with the safety provisions of this section.  The 
  2.20  department shall pay the portion of an approved claim of $1,000 
  2.21  or less that is not covered by the claimant's insurance within 
  2.22  three months of the date of submission.  On or before February 1 
  2.23  of each legislative session, the department shall submit to the 
  2.24  appropriate committees of the senate and the house of 
  2.25  representatives a list of claims of $1,000 or less paid during 
  2.26  the preceding calendar year and shall be reimbursed by 
  2.27  legislative appropriation for any claims that exceed the 
  2.28  original appropriation provided to the department to operate 
  2.29  this program.  Any unspent money from this appropriation shall 
  2.30  carry over to the second year of the biennium, and any unspent 
  2.31  money remaining at the end of the second year shall be returned 
  2.32  to the state general fund. 
  2.33     On or before February 1 of each year, the department shall 
  2.34  submit to the appropriate committees of the senate and the house 
  2.35  of representatives a list of claims in excess of $1,000 and a 
  2.36  list of claims of $1,000 or less that were submitted to but not 
  3.1   paid by the department of human services, together with any 
  3.2   recommendations of appropriate compensation.  These claims shall 
  3.3   be heard and determined by the appropriate committees of the 
  3.4   senate and house of representatives and, if approved, shall be 
  3.5   paid under the legislative claims procedure. 
  3.6      (e) Compensation paid under this section is limited to 
  3.7   reimbursement for reasonable medical expenses and impairment 
  3.8   compensation for disability in like amounts as allowed in 
  3.9   section 176.101, subdivision 3b.  Compensation for injuries 
  3.10  resulting in death shall include reasonable medical expenses and 
  3.11  burial expenses in addition to payment to the participant's 
  3.12  estate in an amount up to $200,000.  No compensation shall be 
  3.13  paid under this section for pain and suffering, lost wages, or 
  3.14  other benefits provided in chapter 176.  Payments made under 
  3.15  this section shall be reduced by any proceeds received by the 
  3.16  claimant from any insurance policy covering the loss.  For the 
  3.17  purposes of this section, "insurance policy" does not include 
  3.18  the medical assistance program authorized under chapter 256B or 
  3.19  the general assistance medical care program authorized under 
  3.20  chapter 256D. 
  3.21     (f) The procedure established by this section is exclusive 
  3.22  of all other legal, equitable, and statutory remedies against 
  3.23  the state, its political subdivisions, or employees of the state 
  3.24  or its political subdivisions.  The claimant shall not be 
  3.25  entitled to seek damages from any state or, county, tribal, or 
  3.26  reservation insurance policy or self-insurance program. 
  3.27     (g) A claim is not valid for purposes of this subdivision 
  3.28  if the local agency responsible for supervising the work cannot 
  3.29  verify to the department of human services: 
  3.30     (1) that appropriate safety training and information is 
  3.31  provided to all persons being supervised by the agency under 
  3.32  this subdivision; and 
  3.33     (2) that all programs involving work by those persons 
  3.34  comply with federal Occupational Safety and Health 
  3.35  Administration and state department of labor and industry safety 
  3.36  standards.  A claim that is not valid because of failure to 
  4.1   verify safety training or compliance with safety standards will 
  4.2   not be paid by the department of human services or through the 
  4.3   legislative claims process and must be heard, decided, and paid, 
  4.4   if appropriate, by the local government unit or tribal JOBS 
  4.5   program responsible for supervising the work of the claimant. 
  4.6      (h) This program is effective July 1, 1995.  Claims may be 
  4.7   submitted on or after November 1, 1995.