SF 2767

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; increasing the state's 
  1.3             compensation liability insurance for licensed 
  1.4             providers; amending Minnesota Statutes 2000, section 
  1.5             245.814, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 245.814, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [COMPENSATION PROVISIONS.] If the commissioner of 
  1.10  human services is unable to obtain insurance through ordinary 
  1.11  methods for coverage of foster home providers, the appropriation 
  1.12  shall be returned to the general fund and the state shall pay 
  1.13  claims subject to the following limitations. 
  1.14     (a) Compensation shall be provided only for injuries, 
  1.15  damage, or actions set forth in subdivision 1. 
  1.16     (b) Compensation shall be subject to the conditions and 
  1.17  exclusions set forth in subdivision 2. 
  1.18     (c) The state shall provide compensation for bodily injury, 
  1.19  property damage, or personal injury resulting from the foster 
  1.20  home providers activities as a foster home provider while the 
  1.21  foster child or adult is in the care, custody, and control of 
  1.22  the foster home provider in an amount not to exceed 
  1.23  $250,000 $300,000 per claimant and $1,000,000 for each 
  1.24  occurrence. 
  1.25     (d) The state shall provide compensation for damage or 
  2.1   destruction of property caused or sustained by a foster child or 
  2.2   adult in an amount not to exceed $250 for each occurrence. 
  2.3      (e) The compensation in clauses (c) and (d) is the total 
  2.4   obligation for all damages because of each occurrence regardless 
  2.5   of the number of claims made in connection with the same 
  2.6   occurrence, but compensation applies separately to each foster 
  2.7   home.  The state shall have no other responsibility to provide 
  2.8   compensation for any injury or loss caused or sustained by any 
  2.9   foster home provider or foster child or foster adult. 
  2.10     This coverage is extended as a benefit to foster home 
  2.11  providers to encourage care of persons who need out-of-home 
  2.12  care.  Nothing in this section shall be construed to mean that 
  2.13  foster home providers are agents or employees of the state nor 
  2.14  does the state accept any responsibility for the selection, 
  2.15  monitoring, supervision, or control of foster home providers 
  2.16  which is exclusively the responsibility of the counties which 
  2.17  shall regulate foster home providers in the manner set forth in 
  2.18  the rules of the commissioner of human services.