Engrossments
Introduction	Posted on 03/09/2023
1st Engrossment	Posted on 03/27/2023
2nd Engrossment	Posted on 04/27/2023	compared with HF2712 as Introduced

Section 1.

Minnesota Statutes 2022, section 62V.05, subdivision 4a, is amended to read:

Subd. 4a.

Background study required.

(a) The board must initiate background studies
under section 245C.031 of:

(1) each navigator;

(2) each in-person assister; and

(3) each certified application counselor.

(b) The board may initiate the background studies required by paragraph (a) using the
online NETStudy 2.0 system operated by the commissioner of human services.

(c) The board shall not permit any individual to provide any service or function listed
in paragraph (a) until deleted text begin the board has received notification from the commissioner of human
services indicating that the individualdeleted text end :

(1)new text begin the board has evaluated any notification received from the commissioner of human
services indicating the individual's potential disqualifications and has determined that the
individualnew text end is not disqualified under chapter 245C; or

(2)new text begin the board has determined that the individualnew text end is disqualifieddeleted text begin ,deleted text end but has deleted text begin receiveddeleted text end new text begin grantednew text end
a set aside deleted text begin from the boarddeleted text end of that disqualification according to sections 245C.22 and 245C.23.

(d) The board or its delegate shall review a reconsideration request of an individual in
paragraph (a), including granting a set aside, according to the procedures and criteria in
chapter 245C. The board shall notify the individual and the Department of Human Services
of the board's decision.

Sec. 2.

new text begin [119B.162] RECONSIDERATION OF CORRECTION ORDERS.
new text end

new text begin (a) If a provider believes that the contents of the commissioner's correction order are in
error, the provider may ask the Department of Human Services to reconsider the parts of
the correction order that are alleged to be in error. The request for reconsideration must be
made in writing and must be postmarked and sent to the commissioner within 30 calendar
days from the date the correction order was mailed to the provider, and:
new text end

new text begin (1) specify the parts of the correction order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (b) A request for reconsideration does not stay any provisions or requirements of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal under chapter 14. The commissioner's decision is appealable by
petition for writ of certiorari under chapter 606.
new text end

Sec. 3.

Minnesota Statutes 2022, section 122A.18, subdivision 8, is amended to read:

Subd. 8.

Background studies.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must initiate criminal history background
studies of all first-time applicants for educator new text begin and administrator new text end licenses under their
jurisdiction. Applicants must include with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) payment to conduct the background study. The Professional Educator Licensing and
Standards Board must deposit payments received under this subdivision in an account in
the special revenue fund. Amounts in the account are annually appropriated to the
Professional Educator Licensing and Standards Board to pay for the costs of background
studies on applicants for licensure.

(b) The background study for all first-time deleted text begin teachingdeleted text end applicants fornew text begin educatornew text end licenses
must include a review of information from the Bureau of Criminal Apprehension, including
criminal history data as defined in section 13.87, and must also include a review of the
national criminal records repository. The superintendent of the Bureau of Criminal
Apprehension is authorized to exchange fingerprints with the Federal Bureau of Investigation
for purposes of the criminal history check.

(c) The Professional Educator Licensing and Standards Board may initiate criminal
history background studies through the commissioner of human services according to section
245C.031 to obtain background study data required under this chapter.

Sec. 4.

Minnesota Statutes 2022, section 245A.02, subdivision 5a, is amended to read:

Subd. 5a.

Controlling individual.

(a) "Controlling individual" means an owner of a
program or service provider licensed under this chapter and the following individuals, if
applicable:

(1) each officer of the organization, including the chief executive officer and chief
financial officer;

(2) the individual designated as the authorized agent under section 245A.04, subdivision
1, paragraph (b);

(3) the individual designated as the compliance officer under section 256B.04, subdivision
21, paragraph (g);

(4) each managerial official whose responsibilities include the direction of the
management or policies of a program; deleted text begin and
deleted text end

(5) the individual designated as the primary provider of care for a special family child
care program under section 245A.14, subdivision 4, paragraph (i)deleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) the president and treasurer of the board of directors of a nonprofit corporation.
new text end

(b) Controlling individual does not include:

(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
operates a program directly or through a subsidiary;

(2) an individual who is a state or federal official, or state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more programs, unless the individual is also an officer,
owner, or managerial official of the program, receives remuneration from the program, or
owns any of the beneficial interests not excluded in this subdivision;

(3) an individual who owns less than five percent of the outstanding common shares of
a corporation:

(i) whose securities are exempt under section 80A.45, clause (6); or

(ii) whose transactions are exempt under section 80A.46, clause (2);

(4) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the program
or owns any of the beneficial interests not excluded in this subdivision. This clause does
not exclude from the definition of controlling individual an organization that is exempt from
taxation; or

(5) an employee stock ownership plan trust, or a participant or board member of an
employee stock ownership plan, unless the participant or board member is a controlling
individual according to paragraph (a).

(c) For purposes of this subdivision, "managerial official" means an individual who has
the decision-making authority related to the operation of the program, and the responsibility
for the ongoing management of or direction of the policies, services, or employees of the
program. A site director who has no ownership interest in the program is not considered to
be a managerial official for purposes of this definition.

Sec. 5.

Minnesota Statutes 2022, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 5b. new text end

new text begin Cradleboard. new text end

new text begin "Cradleboard" means a board or frame on which an infant is
secured using blankets or other material such as fabric or leather sides and laces, and which
often has a frame extending to protect the infant's head. The infant is always placed with
its head facing outward and remains supervised in the cradleboard while sleeping or being
carried.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 245A.02, subdivision 10b, is amended to read:

Subd. 10b.

Owner.

"Owner" means an individual or organization that has a direct or
indirect ownership interest of five percent or more in a program licensed under this chapter.
For purposes of this subdivision, "direct ownership interest" means the possession of equity
in capital, stock, or profits of an organization, and "indirect ownership interest" means a
direct ownership interest in an entity that has a direct or indirect ownership interest in a
licensed program. For purposes of this chapter, "owner of deleted text begin a nonprofit corporation" means
the president and treasurer of the board of directors or, for an entity owned bydeleted text end an employee
stock ownership plandeleted text begin ,deleted text end new text begin "new text end means the president and treasurer of the entity. A government entitynew text begin
or nonprofit corporationnew text end that is issued a license under this chapter shall be designated the
owner.

Sec. 7.

Minnesota Statutes 2022, section 245A.04, subdivision 1, is amended to read:

Subdivision 1.

Application for licensure.

(a) An individual, organization, or government
entity that is subject to licensure under section 245A.03 must apply for a license. The
application must be made on the forms and in the manner prescribed by the commissioner.
The commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within 30 miles of the Minnesota border.
An applicant who intends to buy or otherwise acquire a program or services licensed under
this chapter that is owned by another license holder must apply for a license under this
chapter and comply with the application procedures in this section and section deleted text begin 245A.03deleted text end new text begin
245A.043new text end .

The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
required information.

When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially deficient
because the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or substantially
deficient. In the written notice to the applicant the commissioner shall identify documents
that are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial under
section 245A.05.

(b) An application for licensure must identify all controlling individuals as defined in
section 245A.02, subdivision 5a, and must designate one individual to be the authorized
agent. The application must be signed by the authorized agent and must include the authorized
agent's first, middle, and last name; mailing address; and email address. By submitting an
application for licensure, the authorized agent consents to electronic communication with
the commissioner throughout the application process. The authorized agent must be
authorized to accept service on behalf of all of the controlling individuals. A government
entity that holds multiple licenses under this chapter may designate one authorized agent
for all licenses issued under this chapter or may designate a different authorized agent for
each license. Service on the authorized agent is service on all of the controlling individuals.
It is not a defense to any action arising under this chapter that service was not made on each
controlling individual. The designation of a controlling individual as the authorized agent
under this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.

(e) The commissioner may limit communication during the application process to the
authorized agent or the controlling individuals identified on the license application and for
whom a background study was initiated under chapter 245C. The commissioner may require
the applicant, except for child foster care, to demonstrate competence in the applicable
licensing requirements by successfully completing a written examination. The commissioner
may develop a prescribed written examination format.

(f) When an applicant is an individual, the applicant must provide:

(1) the applicant's taxpayer identification numbers including the Social Security number
or Minnesota tax identification number, and federal employer identification number if the
applicant has employees;

(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, if any;

(3) if doing business under a different name, the doing business as (DBA) name, as
registered with the secretary of state;

(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and

(5) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.

(g) When an applicant is an organization, the applicant must provide:

(1) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;

(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, and if doing business under a different
name, the doing business as (DBA) name, as registered with the secretary of state;

(3) the first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
for each controlling individual;

(4) if applicable, the applicant's NPI number and UMPI number;

(5) the documents that created the organization and that determine the organization's
internal governance and the relations among the persons that own the organization, have
an interest in the organization, or are members of the organization, in each case as provided
or authorized by the organization's governing statute, which may include a partnership
agreement, bylaws, articles of organization, organizational chart, and operating agreement,
or comparable documents as provided in the organization's governing statute; and

(6) the notarized signature of the applicant or authorized agent.

(h) When the applicant is a government entity, the applicant must provide:

(1) the name of the government agency, political subdivision, or other unit of government
seeking the license and the name of the program or services that will be licensed;

(2) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;

(3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application; and

(4) if applicable, the applicant's NPI number and UMPI number.

(i) At the time of application for licensure or renewal of a license under this chapter, the
applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:

(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and

(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:

(i) a correction order or a conditional license under section 245A.06, or sanctions under
section 245A.07;

(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;

(iii) recovery of payments made for the service;

(iv) disenrollment in the public payment program; or

(v) other administrative, civil, or criminal penalties as provided by law.

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 2022, section 245A.04, subdivision 4, is amended to read:

Subd. 4.

Inspections; waiver.

(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:

(1) an inspection of the physical plant;

(2) an inspection of records and documents;

(3) observation of the program in operation; and

(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.

(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 7. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.

(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.

(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.

(e) The commissioner or the county shall inspect at least deleted text begin annuallydeleted text end new text begin once each calendar
yearnew text end a child care provider licensed under this chapter and Minnesota Rules, chapter 9502
or 9503, for compliance with applicable licensing standards.

(f) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings 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. 9.

Minnesota Statutes 2022, section 245A.04, subdivision 7, is amended to read:

Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the program;
and

(6) any special conditions of licensure.

(b) The commissioner may issue a license for a period not to exceed two years if:

(1) the commissioner is unable to conduct the deleted text begin evaluation ordeleted text end observation required by
subdivision 4, paragraph (a), clause deleted text begin (4)deleted text end new text begin (3)new text end , because the program is not yet operational;

(2) certain records and documents are not available because persons are not yet receiving
services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.

(d) Except as provided in paragraphs (f) and (g), the commissioner shall not issue or
reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been
granted;

(2) been denied a license under this chapter, within the past two years;

(3) had a license issued under this chapter revoked within the past five years;

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement
for which payment is delinquent; or

(5) failed to submit the information required of an applicant under subdivision 1,
paragraph (f) deleted text begin ordeleted text end new text begin ,new text end (g),new text begin or (h),new text end after being requested by the commissioner.

When a license issued under this chapter is revoked under clause (1) or (3), the license
holder and controlling individual may not hold any license under chapter 245A for five
years following the revocation, and other licenses held by the applicant, license holder, or
controlling individual shall also be revoked.

(e) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.

(f) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.

(g) Notwithstanding paragraph (f), when a revocation is based on the disqualification
of a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.

(h) For purposes of reimbursement for meals only, under the Child and Adult Care Food
Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care provider, shall be considered
an extension of the license for a period of no more than 30 calendar days or until the new
license is issued, whichever occurs first, provided the county agency has determined the
family day care provider meets licensure requirements at the new location.

(i) Unless otherwise specified by statute, all licenses issued under this chapter expire at
12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.

(j) The commissioner shall not issue or reissue a license under this chapter if it has been
determined that a tribal licensing authority has established jurisdiction to license the program
or service.

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 2022, section 245A.041, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin First date of direct contact; documentation requirements. new text end

new text begin Except for family
child care, family foster care for children, and family adult day services that the license
holder provides in the license holder's residence, license holders must document the first
date that a background study subject has direct contact, as defined in section 245C.02,
subdivision 11, with a person served by the license holder's program. Unless this chapter
otherwise requires, if the license holder does not maintain the documentation required by
this subdivision in the license holder's personnel files, the license holder must provide the
documentation to the commissioner upon the commissioner's request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 11.

Minnesota Statutes 2022, section 245A.05, is amended to read:

245A.05 DENIAL OF APPLICATION.

(a) The commissioner may deny a license if an applicant or controlling individual:

(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;

(2) fails to comply with applicable laws or rules;

(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;

(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;

(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;

(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;

(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);

(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;

(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;

(10) is prohibited from holding a license according to section 245.095; or

(11) for a family foster setting,new text begin has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study whonew text end
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the deleted text begin individual'sdeleted text end new text begin applicant'snew text end ability to safely provide care to
foster children.

(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail or personal service. The notice must state the reasons the
application was denied and must inform the applicant of the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
appeal the denial by notifying the commissioner in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an appeal request is made
by personal service, it must be received by the commissioner within 20 calendar days after
the applicant received the notice of denial. Section 245A.08 applies to hearings held to
appeal the commissioner's denial of an application.

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 2022, section 245A.07, subdivision 1, is amended to read:

Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
whonew text begin :
new text end

new text begin (1)new text end does not comply with applicable law or ruledeleted text begin , or whodeleted text end new text begin ;
new text end

new text begin (2)new text end has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
childrennew text begin ; or
new text end

new text begin (3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster childrennew text end .

When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.

(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2022, section 245A.07, subdivision 2a, is amended to read:

Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days of
receipt of the license holder's timely appeal, the commissioner shall request assignment of
an administrative law judge. The request must include a proposed date, time, and place of
a hearing. A hearing must be conducted by an administrative law judge within 30 calendar
days of the request for assignment, unless an extension is requested by either party and
granted by the administrative law judge for good cause. The commissioner shall issue a
notice of hearing by certified mail or personal service at least ten working days before the
hearing. The scope of the hearing shall be limited solely to the issue of whether the temporary
immediate suspension should remain in effect pending the commissioner's final order under
section 245A.08, regarding a licensing sanction issued under subdivision 3 following the
immediate suspension. For suspensions under subdivision 2, paragraph (a), clause (1), the
burden of proof in expedited hearings under this subdivision shall be limited to the
commissioner's demonstration that reasonable cause exists to believe that the license holder's
actions or failure to comply with applicable law or rule poses, or the actions of other
individuals or conditions in the program poses an imminent risk of harm to the health, safety,
or rights of persons served by the program. "Reasonable cause" means there exist specific
articulable facts or circumstances which provide the commissioner with a reasonable
suspicion that there is an imminent risk of harm to the health, safety, or rights of persons
served by the program. When the commissioner has determined there is reasonable cause
to order the temporary immediate suspension of a license based on a violation of safe sleep
requirements, as defined in section 245A.1435, the commissioner is not required to
demonstrate that an infant died or was injured as a result of the safe sleep violations. For
suspensions under subdivision 2, paragraph (a), clause (2), the burden of proof in expedited
hearings under this subdivision shall be limited to the commissioner's demonstration by a
preponderance of the evidence that, since the license was revoked, the license holder
committed additional violations of law or rule which may adversely affect the health or
safety of persons served by the program.

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The record
shall close at the end of the ten-day period for submission of exceptions. The commissioner's
final order shall be issued within ten working days from the close of the record. When an
appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner
shall issue a final order affirming the temporary immediate suspension within ten calendar
days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days
after new text begin an immediate suspension has been issued and the license holder has not submitted a
timely appeal under subdivision 2, paragraph (b), or within 90 calendar days after new text end a final
order affirming an immediate suspension, the commissioner shall deleted text begin make a determination
regardingdeleted text end new text begin determine:
new text end

new text begin (1)new text end whether a final licensing sanction shall be issued under subdivision 3new text begin , paragraph (a),
clauses (1) to (6)new text end . The license holder shall continue to be prohibited from operation of the
program during this 90-day perioddeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) whether the outcome of related, ongoing investigations or judicial proceedings are
necessary to determine if a final licensing sanction under subdivision 3, paragraph (a),
clauses (1) to (6), will be issued, and persons served by the program remain at an imminent
risk of harm during the investigation period or proceedings. If so, the commissioner shall
issue a suspension order under subdivision 3, paragraph (a), clause (7).
new text end

(c) When the final order under paragraph (b) affirms an immediate suspensionnew text begin or the
license holder does not submit a timely appeal of the immediate suspensionnew text end , and a final
licensing sanction is issued under subdivision 3 and the license holder appeals that sanction,
the license holder continues to be prohibited from operation of the program pending a final
commissioner's order under section 245A.08, subdivision 5, regarding the final licensing
sanction.

new text begin (d) The license holder shall continue to be prohibited from operation of the program
while a suspension order issued under paragraph (b), clause (2), remains in effect.
new text end

deleted text begin (d)deleted text end new text begin (e)new text end For suspensions under subdivision 2, paragraph (a), clause (3), the burden of
proof in expedited hearings under this subdivision shall be limited to the commissioner's
demonstration by a preponderance of the evidence that a criminal complaint and warrant
or summons was issued for the license holder that was not dismissed, and that the criminal
charge is an offense that involves fraud or theft against a program administered by the
commissioner.

Sec. 14.

Minnesota Statutes 2022, section 245A.07, subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may suspend
or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;

(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;

(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; deleted text begin or
deleted text end

(5) revocation is required under section 245A.04, subdivision 7, paragraph (d)new text begin ;
new text end

new text begin (6) for a family foster setting, a license holder, or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children new text end deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) suspension is necessary under subdivision 2a, paragraph (b), clause (2).
new text end

A license holder who has had a license issued under this chapter suspended, revoked, or
has been ordered to pay a fine must be given notice of the action by certified mail or personal
service. If mailed, the notice must be mailed to the address shown on the application or the
last known address of the license holder. The notice must state in plain language the reasons
the license was suspended or revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and
(g), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows:

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);

(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;

(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;

(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2022, section 245A.10, subdivision 3, is amended to read:

Subd. 3.

Application fee for initial license or certification.

(a) For fees required under
subdivision 1, an applicant for an initial license or certification issued by the commissioner
shall submit a $500 application fee with each new application required under this subdivision.
An applicant for an initial day services facility license under chapter 245D shall submit a
$250 application fee with each new application. The application fee shall not be prorated,
is nonrefundable, and is in lieu of the annual license or certification fee that expires on
December 31. The commissioner shall not process an application until the application fee
is paid.

(b) Except as provided in clauses (1) deleted text begin to (3)deleted text end new text begin and (2)new text end , an applicant shall apply for a license
to provide services at a specific location.

(1) For a license to provide home and community-based services to persons with
disabilities or age 65 and older under chapter 245D, an applicant shall submit an application
to provide services statewide. Notwithstanding paragraph (a), applications received by the
commissioner between July 1, 2013, and December 31, 2013, for licensure of services
provided under chapter 245D must include an application fee that is equal to the annual
license renewal fee under subdivision 4, paragraph (b), or $500, whichever is less.
Applications received by the commissioner after January 1, 2014, must include the application
fee required under paragraph (a). Applicants who meet the modified application criteria
identified in section 245A.042, subdivision 2, are exempt from paying an application fee.

deleted text begin (2) For a license to provide independent living assistance for youth under section 245A.22,
an applicant shall submit a single application to provide services statewide.
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end For a license for a private agency to provide foster care or adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single application
to provide services statewide.

(c) The initial application fee charged under this subdivision does not include the
temporary license surcharge under section 16E.22.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2022, section 245A.10, subdivision 4, is amended to read:

Subd. 4.

License or certification fee for certain programs.

(a) Child care centers shall
pay an annual nonrefundable license fee based on the following schedule:

	Licensed Capacity	Child Care Center License Fee
	1 to 24 persons	$200
	25 to 49 persons	$300
	50 to 74 persons	$400
	75 to 99 persons	$500
	100 to 124 persons	$600
	125 to 149 persons	$700
	150 to 174 persons	$800
	175 to 199 persons	$900
	200 to 224 persons	$1,000
	225 or more persons	$1,100

(b)(1) A program licensed to provide one or more of the home and community-based
services and supports identified under chapter 245D to persons with disabilities or age 65
and older, shall pay an annual nonrefundable license fee based on revenues derived from
the provision of services that would require licensure under chapter 245D during the calendar
year immediately preceding the year in which the license fee is paid, according to the
following schedule:

License Holder Annual Revenue		License Fee
less than or equal to $10,000		$200
greater than $10,000 but less than or equal to $25,000		$300
greater than $25,000 but less than or equal to $50,000		$400
greater than $50,000 but less than or equal to $100,000		$500
greater than $100,000 but less than or equal to $150,000		$600
greater than $150,000 but less than or equal to $200,000		$800
greater than $200,000 but less than or equal to $250,000		$1,000
greater than $250,000 but less than or equal to $300,000		$1,200
greater than $300,000 but less than or equal to $350,000		$1,400
greater than $350,000 but less than or equal to $400,000		$1,600
greater than $400,000 but less than or equal to $450,000		$1,800
greater than $450,000 but less than or equal to $500,000		$2,000
greater than $500,000 but less than or equal to $600,000		$2,250
greater than $600,000 but less than or equal to $700,000		$2,500
greater than $700,000 but less than or equal to $800,000		$2,750
greater than $800,000 but less than or equal to $900,000		$3,000
greater than $900,000 but less than or equal to $1,000,000		$3,250
greater than $1,000,000 but less than or equal to $1,250,000		$3,500
greater than $1,250,000 but less than or equal to $1,500,000		$3,750
greater than $1,500,000 but less than or equal to $1,750,000		$4,000
greater than $1,750,000 but less than or equal to $2,000,000		$4,250
greater than $2,000,000 but less than or equal to $2,500,000		$4,500
greater than $2,500,000 but less than or equal to $3,000,000		$4,750
greater than $3,000,000 but less than or equal to $3,500,000		$5,000
greater than $3,500,000 but less than or equal to $4,000,000		$5,500
greater than $4,000,000 but less than or equal to $4,500,000		$6,000
greater than $4,500,000 but less than or equal to $5,000,000		$6,500
greater than $5,000,000 but less than or equal to $7,500,000		$7,000
greater than $7,500,000 but less than or equal to $10,000,000		$8,500
greater than $10,000,000 but less than or equal to $12,500,000		$10,000
greater than $12,500,000 but less than or equal to $15,000,000		$14,000
greater than $15,000,000		$18,000

(2) If requested, the license holder shall provide the commissioner information to verify
the license holder's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.

(3) At each annual renewal, a license holder may elect to pay the highest renewal fee,
and not provide annual revenue information to the commissioner.

(4) A license holder that knowingly provides the commissioner incorrect revenue amounts
for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount
of double the fee the provider should have paid.

(5) Notwithstanding clause (1), a license holder providing services under one or more
licenses under chapter 245B that are in effect on May 15, 2013, shall pay an annual license
fee for calendar years 2014, 2015, and 2016, equal to the total license fees paid by the license
holder for all licenses held under chapter 245B for calendar year 2013. For calendar year
2017 and thereafter, the license holder shall pay an annual license fee according to clause
(1).

(c) A substance use disorder treatment program licensed under chapter 245G, to provide
substance use disorder treatment shall pay an annual nonrefundable license fee based on
the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$600
	25 to 49 persons	$800
	50 to 74 persons	$1,000
	75 to 99 persons	$1,200
	100 or more persons	$1,400

(d) A detoxification program licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, or a withdrawal management program licensed under chapter 245F shall pay
an annual nonrefundable license fee based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$760
	25 to 49 persons	$960
	50 or more persons	$1,160

A detoxification program that also operates a withdrawal management program at the same
location shall only pay one fee based upon the licensed capacity of the program with the
higher overall capacity.

(e) Except for child foster care, a residential facility licensed under Minnesota Rules,
chapter 2960, to serve children shall pay an annual nonrefundable license fee based on the
following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$1,000
	25 to 49 persons	$1,100
	50 to 74 persons	$1,200
	75 to 99 persons	$1,300
	100 or more persons	$1,400

(f) A residential facility licensed under section 245I.23 or Minnesota Rules, parts
9520.0500 to 9520.0670, to serve persons with mental illness shall pay an annual
nonrefundable license fee based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$2,525
	25 or more persons	$2,725

(g) A residential facility licensed under Minnesota Rules, parts 9570.2000 to 9570.3400,
to serve persons with physical disabilities shall pay an annual nonrefundable license fee
based on the following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$450
	25 to 49 persons	$650
	50 to 74 persons	$850
	75 to 99 persons	$1,050
	100 or more persons	$1,250

deleted text begin (h) A program licensed to provide independent living assistance for youth under section
245A.22 shall pay an annual nonrefundable license fee of $1,500.
deleted text end

deleted text begin (i)deleted text end new text begin (h)new text end A private agency licensed to provide foster care and adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable license
fee of $875.

deleted text begin (j)deleted text end new text begin (i)new text end A program licensed as an adult day care center licensed under Minnesota Rules,
parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the
following schedule:

	Licensed Capacity	License Fee
	1 to 24 persons	$500
	25 to 49 persons	$700
	50 to 74 persons	$900
	75 to 99 persons	$1,100
	100 or more persons	$1,300

deleted text begin (k)deleted text end new text begin (j)new text end A program licensed to provide treatment services to persons with sexual
psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.

deleted text begin (l)deleted text end new text begin (k)new text end A mental health clinic certified under section 245I.20 shall pay an annual
nonrefundable certification fee of $1,550. If the mental health clinic provides services at a
primary location with satellite facilities, the satellite facilities shall be certified with the
primary location without an additional charge.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2022, section 245A.11, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin License holder qualifications for child foster care. new text end

new text begin (a) Child foster care
license holders must maintain the ability to care for a foster child and ensure a safe home
environment for children placed in their care. License holders must immediately notify the
licensing agency of:
new text end

new text begin (1) any changes to the license holder or household member's physical or behavioral
health that may affect the license holder's ability to care for a foster child or pose a risk to
a foster child's health; or
new text end

new text begin (2) changes related to the care of a child or vulnerable adult for whom the license holder
is a parent or legally responsible, including living out of the home for treatment for physical
or behavioral health, modified parenting time arrangements, legal custody, or placement in
foster care.
new text end

new text begin (b) The licensing agency may request a license holder or household member to undergo
an evaluation by a specialist in areas such as physical or behavioral health to evaluate the
license holder's ability to provide a safe environment for a foster child. The licensing agency
must request a release of information from the license holder or household member prior
to assigning the specialist to evaluate, and the licensing agency must tell the license holder
or household member why it is requesting a specialist to evaluate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 18.

Minnesota Statutes 2022, section 245A.14, subdivision 4, is amended to read:

Subd. 4.

Special family child care homes.

new text begin (a) new text end Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family child care
or group family child care if:

deleted text begin (a)deleted text end new text begin (1)new text end the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;

deleted text begin (b)deleted text end new text begin (2)new text end the license holder is an employer who may or may not be the primary provider
of care, and the purpose for the child care program is to provide child care services to
children of the license holder's employees;

deleted text begin (c)deleted text end new text begin (3)new text end the license holder is a church or religious organization;

deleted text begin (d)deleted text end new text begin (4)new text end the license holder is a community collaborative child care provider. For purposes
of this subdivision, a community collaborative child care provider is a provider participating
in a cooperative agreement with a community action agency as defined in section 256E.31;

deleted text begin (e)deleted text end new text begin (5)new text end the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this deleted text begin paragraphdeleted text end new text begin clausenew text end to exceed the licensed capacity of 14 children by no more than
five children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:

deleted text begin (1)deleted text end new text begin (i)new text end the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

deleted text begin (2)deleted text end new text begin (ii)new text end the program meets a one to seven staff-to-child ratio during the variance period;

deleted text begin (3)deleted text end new text begin (iii)new text end all employees receive at least an extra four hours of training per year than required
in the rules governing family child care each year;

deleted text begin (4)deleted text end new text begin (iv)new text end the facility has square footage required per child under Minnesota Rules, part
9502.0425;

deleted text begin (5)deleted text end new text begin (v)new text end the program is in compliance with local zoning regulations;

deleted text begin (6)deleted text end new text begin (vi)new text end the program is in compliance with the applicable fire code as follows:

deleted text begin (i)deleted text end new text begin (A)new text end if the program serves more than five children older than 2-1/2 years of age, but
no more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin
2020new text end , Section 202; or

deleted text begin (ii)deleted text end new text begin (B)new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupanciesdeleted text end new text begin Occupancynew text end , as provided in the Minnesota
State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end , Section 202, unless the rooms in which the children new text begin 2-1/2 years
of age or younger new text end are cared for are located on a level of exit discharge and each of these
child care rooms has an exit door directly to the exterior, then the applicable fire code is
Group E deleted text begin occupanciesdeleted text end new text begin Occupancynew text end , as provided in the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end ,
Section 202; and

deleted text begin (7)deleted text end new text begin (vii)new text end any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; or

deleted text begin (f)deleted text end new text begin (6)new text end the license holder is the primary provider of care and has located the licensed
child care program in a commercial space, if the license holder meets the following
requirements:

deleted text begin (1)deleted text end new text begin (i)new text end the program is in compliance with local zoning regulations;

deleted text begin (2)deleted text end new text begin (ii)new text end the program is in compliance with the applicable fire code as follows:

deleted text begin (i)deleted text end new text begin (A)new text end if the program serves more than five children older than 2-1/2 years of age, but
no more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin
2020new text end , Section 202; or

deleted text begin (ii)deleted text end new text begin (B)new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupanciesdeleted text end new text begin Occupancynew text end , as provided under the Minnesota
State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end , Section 202new text begin , unless the rooms in which the children 2-1/2 years
of age or younger are cared for are located on a level of exit discharge and each of these
child care rooms has an exit door directly to the exterior, then the applicable fire code is
Group E Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202new text end ;

deleted text begin (3)deleted text end new text begin (iii)new text end any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and

deleted text begin (4)deleted text end new text begin (iv)new text end the license holder prominently displays the license issued by the commissioner
which contains the statement "This special family child care provider is not licensed as a
child care center."

deleted text begin (g)deleted text end new text begin (b)new text end Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner
may issue up to four licenses to an organization licensed under paragraph deleted text begin (b), (c), or (e)deleted text end new text begin (a),
clause (2), (3), or (5)new text end . Each license must have its own primary provider of care as required
under paragraph deleted text begin (i)deleted text end new text begin (d)new text end . Each license must operate as a distinct and separate program in
compliance with all applicable laws and regulations.

deleted text begin (h)deleted text end new text begin (c)new text end For licenses issued under paragraph deleted text begin (b), (c), (d), (e), or (f)deleted text end new text begin (a), clause (2), (3),
(4), (5), or (6)new text end , the commissioner may approve up to four licenses at the same location or
under one contiguous roof if each license holder is able to demonstrate compliance with all
applicable rules and laws. Each licensed program must operate as a distinct program and
within the capacity, age, and ratio distributions of each license.

deleted text begin (i)deleted text end new text begin (d)new text end For a license issued under paragraph deleted text begin (b), (c), or (e)deleted text end new text begin (a), clause (2), (3), or (5)new text end , the
license holder must designate a person to be the primary provider of care at the licensed
location on a form and in a manner prescribed by the commissioner. The license holder
shall notify the commissioner in writing before there is a change of the person designated
to be the primary provider of care. The primary provider of care:

(1) must be the person who will be the provider of care at the program and present during
the hours of operation;

(2) must operate the program in compliance with applicable laws and regulations under
chapter 245A and Minnesota Rules, chapter 9502;

(3) is considered a child care background study subject as defined in section 245C.02,
subdivision 6a, and must comply with background study requirements in chapter 245C;

(4) must complete the training that is required of license holders in section 245A.50;
and

(5) is authorized to communicate with the county licensing agency and the department
on matters related to licensing.

deleted text begin (j)deleted text end new text begin (e)new text end For any license issued under this subdivision, the license holder must ensure that
any other caregiver, substitute, or helper who assists in the care of children meets the training
requirements in section 245A.50 and background study requirements under chapter 245C.

Sec. 19.

Minnesota Statutes 2022, section 245A.1435, is amended to read:

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
physician, advanced practice registered nurse, or physician assistant directing an alternative
sleeping position for the infant. The physician, advanced practice registered nurse, or
physician assistant directive must be on a form deleted text begin approveddeleted text end new text begin developednew text end by the commissioner
and must remain on file at the licensed location. An infant who independently rolls onto its
stomach after being placed to sleep on its back may be allowed to remain sleeping on its
stomach if the infant is at least six months of age or the license holder has a signed statement
from the parent indicating that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. new text begin The pacifier must be free from any sort of attachment. new text end The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 245A.146. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.

(c) If an infant falls asleep before being placed in a crib, the license holder must move
the infant to a crib as soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib. When an infant falls asleep while being held, the
license holder must consider the supervision needs of other children in care when determining
how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant
must not be in a position where the airway may be blocked or with anything covering the
infant's face.

new text begin (d) When a license holder places an infant under one year of age down to sleep, the
infant's clothing or sleepwear must not have weighted materials, a hood, or a bib.
new text end

new text begin (e) A license holder may place an infant under one year of age down to sleep wearing
a helmet if the license holder has signed documentation by a physician, advanced practice
registered nurse, physician assistant, licensed occupational therapist, or licensed physical
therapist on a form developed by the commissioner.
new text end

deleted text begin (d)deleted text end new text begin (f)new text end Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a deleted text begin one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create adeleted text end
swaddle. new text begin A swaddle is defined as a one-piece sleepwear that wraps over the infant's arms,
fastens securely only across the infant's upper torso, and does not constrict the infant's hips
or legs. If a swaddle is used by a license holder, the license holder must ensure that it meets
the requirements of paragraph (d) and is not so tight that it restricts the infant's ability to
breathe or so loose that the fabric could cover the infant's nose and mouth. new text end Prior to any use
of swaddling for sleep by a provider licensed under this chapter, the license holder must
obtain informed written consent for the use of swaddling from the parent or guardian of the
infant on a form deleted text begin provideddeleted text end new text begin developednew text end by the commissioner deleted text begin and prepared in partnership with
the Minnesota Sudden Infant Death Centerdeleted text end .

new text begin (g) A license holder may request a variance to this section to permit the use of a
cradleboard when requested by a parent or guardian for a cultural accommodation. A variance
for the use of a cradleboard may be issued only by the commissioner. The variance request
must be submitted on a form developed by the commissioner in partnership with Tribal
welfare agencies and the Department of Health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 20.

Minnesota Statutes 2022, section 245A.146, subdivision 3, is amended to read:

Subd. 3.

License holder documentation of cribs.

(a) Annually, from the date printed
on the license, all license holders shall check all their cribs' brand names and model numbers
against the United States Consumer Product Safety Commission website listing of unsafe
cribs.

(b) The license holder shall maintain written documentation to be reviewed on site for
each crib showing that the review required in paragraph (a) has been completed, and which
of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product Safety
Commission website;

(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be maintained
by the license holder on site and made available to parents or guardians of children in care
and the commissioner.

(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider that
complies with this section may use a mesh-sided or fabric-sided play yard, pack and play,
or playpen or crib that has not been identified as unsafe on the United States Consumer
Product Safety Commission website for the care or sleeping of infants.

(e) On at least a monthly basis, the family child care license holder shall perform safety
inspections of every mesh-sided or fabric-sided play yard, pack and play, or playpen used
by or that is accessible to any child in care, and must document the following:

(1) there are no tears, holes, or loose or unraveling threads in mesh or fabric sides of
crib;

(2) the weave of the mesh on the crib is no larger than one-fourth of an inch;

(3) no mesh fabric is unsecure or unattached to top rail and floor plate of crib;

(4) no tears or holes to top rail of crib;

(5) the mattress floor board is not soft and does not exceed one inch thick;

(6) the mattress floor board has no rips or tears in covering;

(7) the mattress floor board in use is deleted text begin a waterproofdeleted text end new text begin annew text end original mattress or replacement
mattress provided by the manufacturer of the crib;

(8) there are no protruding or loose rivets, metal nuts, or bolts on the crib;

(9) there are no knobs or wing nuts on outside crib legs;

(10) there are no missing, loose, or exposed staples; and

(11) the latches on top and side rails used to collapse crib are secure, they lock properly,
and are not loose.

new text begin (f) If a cradleboard is used in a licensed setting, the license holder must check the
cradleboard not less than monthly to ensure the cradleboard is structurally sound and there
are no loose or protruding parts. The license holder shall maintain written documentation
of this review.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 21.

Minnesota Statutes 2022, section 245A.16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 deleted text begin and background studies for family child care
under chapter deleted text end deleted text begin 245Cdeleted text end ; to recommend denial of applicants under section 245A.05; to issue
correction orders, to issue variances, and recommend a conditional license under section
245A.06; or to recommend suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child and
adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals deleted text begin except that, before the implementation
of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding
disqualified individuals when the county is responsible for conducting a consolidated
reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and
(b), of a county maltreatment determination and a disqualification based on serious or
recurring maltreatmentdeleted text end ;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; deleted text begin and
deleted text end

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in carenew text begin ; and
new text end

new text begin (9) variances to section 245A.1435 for the use of a cradleboard for a cultural
accommodationnew text end .

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.

(b) A county agency that has been designated by the commissioner to issue family child
care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

deleted text begin (c) Before the implementation of NETStudy 2.0, county agencies must report information
about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner.
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end For family child care programs, the commissioner shall require a county agency
to conduct one unannounced licensing review at least annually.

deleted text begin (e)deleted text end new text begin (d)new text end For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

deleted text begin (f)deleted text end new text begin (e)new text end A license issued under this section may be issued for up to two years.

deleted text begin (g)deleted text end new text begin (f)new text end During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

deleted text begin (h)deleted text end new text begin (g)new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

deleted text begin (i)deleted text end new text begin (h)new text end A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a), clause (9), is effective January 1, 2024, and all
other changes are effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2022, section 245A.16, subdivision 9, is amended to read:

Subd. 9.

Licensed family foster settings.

(a) Before recommending to grant a license,
deny a license under section 245A.05, or revoke a license under section 245A.07 for
nondisqualifying background study information received under section 245C.05, subdivision
4, paragraph (a), clause (3), for a licensed family foster setting, a county agency or private
agency that has been designated or licensed by the commissioner must review the followingnew text begin
for the license holder, applicant, and an individual living in the household where the licensed
services are provided or who is otherwise subject to a background studynew text end :

(1) the type of offenses;

(2) the number of offenses;

(3) the nature of the offenses;

(4) the age of the individual at the time of the offenses;

(5) the length of time that has elapsed since the last offense;

(6) the relationship of the offenses and the capacity to care for a child;

(7) evidence of rehabilitation;

(8) information or knowledge from community members regarding the individual's
capacity to provide foster care;

(9) any available information regarding child maltreatment reports or child in need of
protection or services petitions, or related cases, in which the individual has been involved
or implicated, and documentation that the individual has remedied issues or conditions
identified in child protection or court records that are relevant to safely caring for a child;

(10) a statement from the study subject;

(11) a statement from the license holder; and

(12) other aggravating and mitigating factors.

(b) For purposes of this section, "evidence of rehabilitation" includes but is not limited
to the following:

(1) maintaining a safe and stable residence;

(2) continuous, regular, or stable employment;

(3) successful participation in an education or job training program;

(4) positive involvement with the community or extended family;

(5) compliance with the terms and conditions of probation or parole following the
individual's most recent conviction;

(6) if the individual has had a substance use disorder, successful completion of a substance
use disorder assessment, substance use disorder treatment, and recommended continuing
care, if applicable, demonstrated abstinence from controlled substances, as defined in section
152.01, subdivision 4, or the establishment of a sober network;

(7) if the individual has had a mental illness or documented mental health issues,
demonstrated completion of a mental health evaluation, participation in therapy or other
recommended mental health treatment, or appropriate medication management, if applicable;

(8) if the individual's offense or conduct involved domestic violence, demonstrated
completion of a domestic violence or anger management program, and the absence of any
orders for protection or harassment restraining orders against the individual since the previous
offense or conduct;

(9) written letters of support from individuals of good repute, including but not limited
to employers, members of the clergy, probation or parole officers, volunteer supervisors,
or social services workers;

(10) demonstrated remorse for convictions or conduct, or demonstrated positive behavior
changes; and

(11) absence of convictions or arrests since the previous offense or conduct, including
any convictions that were expunged or pardoned.

(c) An applicant for a family foster setting license must sign all releases of information
requested by the county or private licensing agency.

(d) When licensing a relative for a family foster setting, the commissioner shall also
consider the importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether an application will be denied.

(e) When recommending that the commissioner deny or revoke a license, the county or
private licensing agency must send a summary of the review completed according to
paragraph (a), on a form developed by the commissioner, to the commissioner and include
any recommendation for licensing action.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Electronic checklist use by family child care licensors. new text end

new text begin County staff who
perform family child care licensing functions must use the commissioner's electronic licensing
checklist in the manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 24.

Minnesota Statutes 2022, section 245A.18, subdivision 2, is amended to read:

Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under new text begin this chapter and new text end Minnesota Rules,
chapter 2960, that serve a child or children under eight years of age must document training
that fulfills the requirements in this subdivision.new text begin Sections 245A.60, subdivision 4, and
245A.61, subdivision 4, describe training requirements for family foster care and foster
residence settings.
new text end

(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
deleted text begin Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.
deleted text end

(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the deleted text begin Department of Public Safety,deleted text end Office of Traffic Safetynew text begin within the Department
of Public Safetynew text end . License holders may obtain a list of certified and approved trainers through
the Department of Public Safety website or by contacting the agency.

deleted text begin (e) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 25.

new text begin [245A.211] PRONE RESTRAINT PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to all programs licensed or certified
under this chapter, chapters 245D, 245F, 245G, 245H, and sections 245I.20 and 245I.23.
The requirements in this section are in addition to any applicable requirements for the use
of holds or restraints for each license or certification type.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) "Mechanical restraint" means a restraint device that limits the
voluntary movement of a person or the person's limbs.
new text end

new text begin (b) "Prone restraint" means a restraint that places a person in a face-down position with
the person's chest in contact with the floor or other surface.
new text end

new text begin (c) "Restraint" means a physical hold, physical restraint, manual restraint, restraint
equipment, or mechanical restraint that holds a person immobile or limits the voluntary
movement of a person or the person's limbs.
new text end

new text begin Subd. 3. new text end

new text begin Prone restraint prohibition. new text end

new text begin (a) A license or certification holder must not use
a prone restraint on any person receiving services in a program, except in the instances
allowed by paragraphs (b) to (d).
new text end

new text begin (b) If a person rolls into a prone position during the use of a restraint, the person must
be restored to a nonprone position as quickly as possible.
new text end

new text begin (c) If the applicable licensing requirements allow a program to use mechanical restraints,
a person may be briefly held in a prone restraint for the purpose of applying mechanical
restraints if the person is restored to a nonprone position as quickly as possible.
new text end

new text begin (d) If the applicable licensing requirements allow a program to use seclusion, a person
may be briefly held in a prone restraint to allow staff to safely exit a seclusion room.
new text end

new text begin Subd. 4. new text end

new text begin Contraindicated physical restraints. new text end

new text begin A license or certification holder must
not implement a restraint on a person receiving services in a program in a way that is
contraindicated for any of the person's known medical or psychological conditions. Prior
to using restraints on a person, the license or certification holder must assess and document
a determination of any medical or psychological conditions that restraints are contraindicated
for and the type of restraints that will not be used on the person based on this determination.
new text end

Sec. 26.

Minnesota Statutes 2022, section 245A.52, subdivision 1, is amended to read:

Subdivision 1.

Means of escape.

(a)(1) At least one emergency escape route separate
from the main exit from the space must be available in each room used for sleeping by
anyone receiving licensed care, and (2) a basement used for child care. One means of escape
must be a stairway or door leading to the floor of exit discharge. The other must be a door
or window leading directly outside. A window used as an emergency escape route must be
openable without special knowledge.

(b) In homes with construction that began before deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end , the
interior of the window leading directly outside must have a net clear opening area of not
less than 4.5 square feet or 648 square inches and have minimum clear opening dimensions
of 20 inches wide and 20 inches high. new text begin The net clear opening dimensions shall be the result
of normal operation of the opening. new text end The opening must be no higher than 48 inches from the
floor. The height to the window may be measured from a platform if a platform is located
below the window.

(c) In homes with construction that began on or after deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end , the
interior of the window leading directly outside must have minimum clear opening dimensions
of 20 inches wide and 24 inches high. The net clear opening dimensions shall be the result
of normal operation of the opening. The opening must be no higher than 44 inches from the
floor.

deleted text begin (d)deleted text end Additional requirements are dependent on the distance of the openings from the ground
outside the window: (1) windows or other openings with a sill height not more than 44
inches above or below the finished ground level adjacent to the opening (grade-floor
emergency escape and rescue openings) must have a minimum opening of five square feet;
and (2) non-grade-floor emergency escape and rescue openings must have a minimum
opening of 5.7 square feet.

Sec. 27.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:

Subd. 2.

Door to attached garage.

deleted text begin Notwithstanding Minnesota Rules, part 9502.0425,
subpart 5, day care residences with an attached garage are not required to have a self-closing
door to the residence. The door to the residence may be deleted text end new text begin If there is an opening between an
attached garage and a day care residence, there must be a door that is:
new text end

new text begin (1) a solid wood bonded-core door at least 1-3/8 inches thick;
new text end

new text begin (2)new text end a steel insulated door deleted text begin if the door isdeleted text end at least 1-3/8 inches thickdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) a door with a fire protection rating of 20 minutes.
new text end

new text begin The separation wall on the garage side between the residence and garage must consist of
1/2 inch thick gypsum wallboard or its equivalent.
new text end

Sec. 28.

Minnesota Statutes 2022, section 245A.52, subdivision 3, is amended to read:

Subd. 3.

Heating and venting systems.

new text begin (a) new text end Notwithstanding Minnesota Rules, part
9502.0425, subpart 7, new text begin item C, new text end items that can be ignited and support combustion, including
but not limited to plastic, fabric, and wood products must not be located withinnew text begin :
new text end

new text begin (1)new text end 18 inches of a gas or fuel-oil heater or furnacedeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) 36 inches of a solid-fuel-burning appliance.
new text end

new text begin (b)new text end If a license holder produces manufacturer instructions listing a smaller distance, then
the manufacturer instructions control the distance combustible items must be from gas,
fuel-oil, or solid-fuel burning heaters or furnaces.

Sec. 29.

Minnesota Statutes 2022, section 245A.52, subdivision 5, is amended to read:

Subd. 5.

Carbon monoxide and smoke alarms.

(a) All homes must have an approved
and operational carbon monoxide alarm installed within ten feet of each room used for
sleeping children in care.

(b) Smoke alarms that have been listed by the Underwriter Laboratory must be properly
installed and maintained deleted text begin on all levels including basements, but not including crawl spaces
and uninhabitable attics, and in hallways outside rooms used for sleeping children in care.deleted text end new text begin
in hallways outside of rooms used for sleeping children and on all levels, including basements
but not including crawl spaces and uninhabitable attics.
new text end

(c) In homes with construction that began on or after deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end ,
smoke alarms must be installed and maintained in each room used for sleeping children in
care.

Sec. 30.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Stairways. new text end

new text begin All stairways must meet the following conditions.
new text end

new text begin (1) Stairways of four or more steps must have handrails on at least one side.
new text end

new text begin (2) Any open area between the handrail and stair tread must be enclosed with a protective
guardrail as specified in the State Building Code. At open risers, openings located more
than 30 inches (762 mm), as measured vertically, to the floor or grade below shall not permit
the passage of a sphere four inches (102 mm) in diameter.
new text end

new text begin (3) Gates or barriers must be used when children between the ages of six and 18 months
are in care.
new text end

new text begin (4) Stairways must be well lit, in good repair, and free of clutter and obstructions.
new text end

Sec. 31.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Fire code variances. new text end

new text begin When a variance is requested of the standards contained
in subdivision 1, 2, 3, 4, or 5, an applicant or provider must submit written approval from
the state fire marshal of the variance requested and the alternative measures identified to
ensure the safety of children in care.
new text end

Sec. 32.

new text begin [245A.60] FAMILY CHILD FOSTER CARE TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to programs licensed to provide foster
care for children in the license holder's residence. For the purposes of this section, "foster
parent" means a license holder under this chapter. For the purposes of this section, "caregiver"
means a person who provides services to a child according to the child's case plan in a setting
licensed under Minnesota Rules, parts 2960.3000 to 2960.3340.
new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin (a) Each foster parent applicant must complete a minimum of six
hours of orientation before the commissioner will license the applicant. An applicant's
orientation training hours do not count toward yearly training hours. The commissioner
may grant a variance to the applicant regarding the number of orientation hours that this
subdivision requires.
new text end

new text begin (b) The foster parent's orientation must include training about the following:
new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and the location of alarms and equipment;
new text end

new text begin (2) all relevant laws and rules, including this chapter; chapters 260, 260C, 260D, and
260E; Minnesota Rules, chapter 9560; and related legal issues and reporting requirements;
new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, cultural competence,
and information about discrimination and racial bias to ensure that caregivers are culturally
competent to care for foster children according to section 260C.212, subdivision 11;
new text end

new text begin (4) the foster parent's roles and responsibilities in developing and implementing the
child's case plan and involvement in court and administrative reviews of the child's placement;
new text end

new text begin (5) the licensing agency's requirements;
new text end

new text begin (6) one hour relating to reasonable and prudent parenting standards for the child's
participation in age-appropriate or developmentally appropriate extracurricular, social, or
cultural activities according to section 260C.212, subdivision 14;
new text end

new text begin (7) two hours relating to children's mental health issues according to subdivision 3;
new text end

new text begin (8) if subdivision 4 requires, the proper use and installation of child passenger restraint
systems in motor vehicles;
new text end

new text begin (9) if subdivision 5 requires, at least one hour about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children;
and
new text end

new text begin (10) if subdivision 6 requires, operating medical equipment.
new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Each foster parent prior to licensure and each caregiver
prior to caring for a foster child must complete two hours of training that addresses the
causes, symptoms, and key warning signs of children's mental health disorders; cultural
considerations; and effective approaches to manage a child's behaviors. Each year, each
foster parent and caregiver must complete at least one hour of training about children's
mental health issues and treatment. A short-term substitute caregiver is exempt from this
subdivision. The commissioner of human services shall approve of a mental health training
curriculum that satisfies the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin (a) Each foster parent and caregiver must
satisfactorily complete training about the proper use and installation of child passenger
restraint systems in motor vehicles before transporting a child younger than eight years of
age in a motor vehicle.
new text end

new text begin (b) An individual who is certified and approved by the Office of Traffic Safety within
the Department of Public Safety must provide training about the proper use and installation
of child passenger restraint systems in motor vehicles to each foster parent and caregiver
who transports a child. At a minimum, the training must address the proper use of child
passenger restraint systems based on a child's size, weight, and age, and the proper installation
of a car seat or booster seat in the motor vehicle that will be transporting the child. A foster
parent or caregiver who transports a child must repeat the training in this subdivision at
least once every five years.
new text end

new text begin (c) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
to a child's relative who completes a child seat safety checkup. The Office of Traffic Safety
within the Department of Public Safety must approve of the child seat safety checkup trainer
and must provide one-on-one instruction to the child's relative applicant about placing a
child of a specific age in the exact child passenger restraint in the motor vehicle that will
be used to transport the child. Once the commissioner grants a variance to the child's relative,
the child's relative may transport a relative foster child younger than eight years of age, and
once the child's relative meets all other licensing requirements, the commissioner may
license the child's relative applicant. The child's relative must complete a child seat safety
checkup each time that the child requires a different sized car seat according to car seat and
vehicle manufacturer guidelines. A relative license holder must complete training that meets
the other requirements of this subdivision prior to placement of another foster child younger
than eight years of age in the relative license holder's home or prior to the renewal of the
relative license holder's child foster care license.
new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin (a) Each foster parent and caregiver who cares for an infant or a child five
years of age or younger must satisfactorily complete at least one hour of training about
reducing the risk of sudden unexpected infant death pursuant to section 245A.1435 and
abusive head trauma from shaking infants and young children. Each foster parent and
caregiver must complete this training prior to caring for an infant or a child five years of
age or younger. The county or private licensing agency monitoring the foster care provider
under section 245A.16 must approve of the training about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children.
new text end

new text begin (b) At a minimum, the training must address the risk factors related to sudden unexpected
infant death and abusive head trauma, means of reducing the risk of sudden unexpected
infant death and abusive head trauma, and license holder communication with parents
regarding reducing the risk of sudden unexpected infant death and abusive head trauma.
new text end

new text begin (c) For emergency relative placements under section 245A.035, this training must be
completed before a license is issued. Each foster parent and caregiver must complete the
training in this subdivision at least once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain the child's life or monitor the child's medical condition, each
foster parent and caregiver must satisfactorily complete training to operate the child's
equipment with a health care professional or an individual who provides training on the
child's equipment.
new text end

new text begin (b) A foster parent or caregiver is exempt from this subdivision if:
new text end

new text begin (1) the foster parent or caregiver is currently caring for an individual who is using the
same equipment in the foster home; or
new text end

new text begin (2) the foster parent or caregiver has written documentation that the foster parent or
caregiver has cared for an individual who relied on the same equipment within the past six
months.
new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin Each foster parent and caregiver
must complete at least one hour of training yearly on fetal alcohol spectrum disorders. A
provider who is also licensed to provide home and community-based services under chapter
245D and the provider's staff are exempt from this subdivision. A short-term substitute
caregiver is exempt from this subdivision. The commissioner of human services shall approve
a fetal alcohol spectrum disorders training curriculum that satisfies the requirements of this
subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Yearly training requirement. new text end

new text begin (a) Each foster parent must complete a minimum
of 12 hours of training per year. If a foster parent fails to complete the required yearly
training and does not show good cause why the foster parent did not complete the training,
the foster parent is prohibited from accepting a new foster child placement until the foster
parent completes the training. The commissioner may grant a variance to the required number
of yearly training hours.
new text end

new text begin (b) Each year, each foster parent and caregiver must complete one hour of training about
children's mental health issues according to subdivision 3, and one hour of training about
fetal alcohol spectrum disorders, if required by subdivision 7.
new text end

new text begin (c) Each year, each foster parent and caregiver must complete training about the reporting
requirements and definitions in chapter 260E, as section 245A.66 requires. Foster parents
and caregivers caring for youth 18 and older in extended foster care must complete training
about the reporting requirements and definitions in section 626.557, as section 245A.65,
subdivision 3 requires.
new text end

new text begin (d) At least once every five years, each foster parent and caregiver must complete one
hour of training about reducing the risk of sudden unexpected infant death and abusive head
trauma, if required by subdivision 5.
new text end

new text begin (e) At least once every five years, each foster parent and caregiver must complete training
regarding child passenger restraint systems, if required by subdivision 4.
new text end

new text begin (f) The commissioner may provide each foster parent with a nonexclusive list of eligible
training topics and resources that fulfill the remaining hours of required yearly training.
new text end

new text begin Subd. 9. new text end

new text begin Documentation of training. new text end

new text begin (a) The licensing agency must document the
trainings that this section requires on a form that the commissioner has developed.
new text end

new text begin (b) For training required under subdivision 6, the agency must retain a training and skills
form on file and update the form each year for each foster care provider who completes
training about caring for a child who relies on medical equipment to sustain the child's life
or monitor the child's medical condition. The agency placing the child must obtain a copy
of the training and skills form from the foster parent or from the agency supervising the
foster parent. The agency must retain the form and any updated information on file for the
placement's duration. The form must be available to the parent or guardian and the child's
social worker for the social worker to make an informed placement decision. The agency
must use the training and skills form that the commissioner has developed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 33.

new text begin [245A.61] FOSTER RESIDENCE SETTING STAFF TRAINING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to foster residence settings, which is
defined as foster care that a license holder licensed under this chapter provides in a home
in which the license holder does not reside. Foster residence setting does not include any
program licensed or certified under Minnesota Rules, parts 2960.0010 to 2960.0710.
new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin The license holder must ensure that each staff person attends and
successfully completes at least six hours of orientation training before the staff person has
unsupervised contact with a foster child. Orientation training hours are not counted toward
the hours of yearly training. Orientation must include training about the following:
new text end

new text begin (1) emergency procedures including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and the location of facility alarms and equipment;
new text end

new text begin (2) all relevant laws, rules, and legal issues, including reporting requirements for
maltreatment, abuse, and neglect specified in chapter 260E and section 626.557 and other
reporting requirements based on the children's ages;
new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, and information
about discrimination and racial bias to ensure that staff persons are culturally sensitive and
culturally competent to care for foster children according to section 260C.212, subdivision
11;
new text end

new text begin (4) general and special needs, including disability needs, of children and families served;
new text end

new text begin (5) operational policies and procedures of the license holder;
new text end

new text begin (6) data practices requirements and issues;
new text end

new text begin (7) two hours of training about children's mental health disorders according to subdivision
3;
new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles;
new text end

new text begin (9) if required by subdivision 5, at least one hour of training about reducing the risk of
sudden unexpected infant death and abusive head trauma from shaking infants and young
children; and
new text end

new text begin (10) if required by subdivision 6, caring for a child who relies on medical equipment to
sustain the child's life or monitor the child's medical condition.
new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to caring for a child, a staff person must complete
two hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches to manage a child's
behaviors. A foster residence staff person must complete at least one hour of the yearly
training requirement regarding children's mental health issues and treatment. The
commissioner of human services shall approve a mental health training curriculum that
satisfies the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin Prior to transporting a child younger than
eight years of age in a motor vehicle, a license holder or staff person must satisfactorily
complete training about the proper use and installation of child restraint systems in motor
vehicles. An individual who is certified and approved by the Office of Traffic Safety within
the Department of Public Safety must provide training to a license holder or staff person
about the proper use and installation of child restraint systems in motor vehicles.
new text end

new text begin At a minimum, the training must address the proper use of child passenger restraint
systems based on a child's size, weight, and age and the proper installation of a car seat or
booster seat in the motor vehicle transporting the child. Each license holder or staff person
transporting a child younger than eight years of age in a motor vehicle must complete the
training in this subdivision at least once every five years.
new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin (a) A license holder who cares for an infant or a child five years of age or
younger must document that each staff person has satisfactorily completed at least one hour
of training about reducing the risk of sudden unexpected infant death pursuant to section
245A.1435 and abusive head trauma from shaking infants and young children. Each staff
person must complete the training in this subdivision prior to caring for an infant or a child
five years of age or younger. The county or private licensing agency responsible for
monitoring the child foster care provider under section 245A.16 must approve of the training
about reducing the risk of sudden unexpected infant death and abusive head trauma from
shaking infants and young children.
new text end

new text begin (b) At a minimum, the training must address the risk factors related to sudden unexpected
infant death and abusive head trauma, means of reducing the risk of sudden unexpected
infant death and abusive head trauma, and license holder communication with parents
regarding reducing the risk of sudden unexpected infant death and abusive head trauma
from shaking infants and young children.
new text end

new text begin (c) Each staff person caring for an infant or a child five years of age or younger must
complete the training in this subdivision at least once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain the child's life or monitor a child's medical condition, the
license holder or staff person must complete training to operate the child's equipment. A
health care professional or an individual who provides training on the equipment must train
the license holder or staff person about how to operate the child's equipment.
new text end

new text begin (b) A license holder is exempt from this subdivision if:
new text end

new text begin (1) the license holder is currently caring for an individual who is using the same
equipment in the foster home and each staff person has received training to use the
equipment; or
new text end

new text begin (2) the license holder has written documentation that, within the past six months, the
license holder has cared for an individual who relied on the same equipment and each current
staff person has received training to use the same equipment.
new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin (a) For each staff person, at least
one hour of their yearly training requirement in subdivision 9 must be about fetal alcohol
spectrum disorders. The commissioner of human services shall approve of a fetal alcohol
spectrum disorders training curriculum that satisfies the requirements of this subdivision.
new text end

new text begin (b) A provider who is also licensed to provide home and community-based services
under chapter 245D and the provider's staff are exempt from this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Prudent parenting standards training. new text end

new text begin The license holder must have at least
one on-site staff person who is trained regarding the reasonable and prudent parenting
standards in section 260C.212, subdivision 14, and authorized to apply the reasonable and
prudent parenting standards to decisions involving the approval of a foster child's
participation in age-appropriate and developmentally appropriate extracurricular, social, or
cultural activities. The trained on-site staff person is not required to be available 24 hours
per day.
new text end

new text begin Subd. 9. new text end

new text begin Yearly training plan and hours. new text end

new text begin (a) A license holder must develop a yearly
training plan for staff and volunteers. The license holder must modify training for staff and
volunteers each year to meet each person's current needs and provide sufficient training to
accomplish each staff person's duties. To determine the type and amount of training for
each person, the license holder must consider the foster care program's target population,
the program's services, and expected outcomes from the services, as well as the employee's
job description, tasks, and the position's performance indicators.
new text end

new text begin (b) A full-time staff person who has direct contact with children must complete at least
18 hours of in-service training per year, including nine hours of skill development training.
new text end

new text begin (c) A part-time direct care staff person must complete sufficient training to competently
care for children. The amount of training must be at least one hour of training for each 60
hours that the part-time direct care staff person has worked, up to 18 hours of training per
part-time employee per year.
new text end

new text begin (d) Other foster residence staff and volunteers must complete in-service training
requirements each year that are consistent with the foster residence staff and volunteers'
duties.
new text end

new text begin (e) Section 245A.66 requires a license holder to ensure that all staff and volunteers have
training yearly about the reporting requirements and definitions in chapter 260E.
new text end

new text begin Subd. 10. new text end

new text begin Documentation of training. new text end

new text begin (a) For each staff person and volunteer, the
license holder must document the date, the number of training hours, and the name of the
entity that provided the training.
new text end

new text begin (b) For training required under subdivision 6, the agency supervising the foster care
provider must retain a training and skills form on file and update the form each year for
each staff person who completes training about caring for a child who relies on medical
equipment to sustain the child's life or monitor a child's medical condition. The agency
placing the child must obtain a copy of the training and skills form from the foster care
provider or the agency supervising the foster care provider. The placing agency must retain
the form and any updated information on file for the placement's duration. The form must
be available to the child's parent or the child's primary caregiver and the child's social worker
to make an informed placement decision. The agency must use the training and skills form
that the commissioner has developed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 34.

Minnesota Statutes 2022, section 245A.66, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Ongoing training requirement. new text end

new text begin (a) In addition to the orientation training
required by the applicable licensing rules and statutes, children's residential facility and
private child-placing agency license holders must provide a training annually on the
maltreatment of minors reporting requirements and definitions in chapter 260E to each
mandatory reporter, as described in section 260E.06, subdivision 1.
new text end

new text begin (b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers and foster residence
setting staff and volunteers that are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter 260E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 35.

Minnesota Statutes 2022, section 245C.02, subdivision 6a, is amended to read:

Subd. 6a.

Child care background study subject.

(a) "Child care background study
subject" means an individual who is affiliated with a licensed child care center, certified
license-exempt child care center, licensed family child care program, or legal nonlicensed
child care provider authorized under chapter 119B, and who is:

(1) employed by a child care provider for compensation;

(2) assisting in the care of a child for a child care provider;

(3) a person applying for licensure, certification, or enrollment;

(4) a controlling individual as defined in section 245A.02, subdivision 5a;

(5) an individual 13 years of age or older who lives in the household where the licensed
program will be provided and who is not receiving licensed services from the program;

(6) an individual ten to 12 years of age who lives in the household where the licensed
services will be provided when the commissioner has reasonable cause as defined in section
245C.02, subdivision 15;

(7) an individual who, without providing direct contact services at a licensed program,
certified program, or program authorized under chapter 119B, may have unsupervised access
to a child receiving services from a program when the commissioner has reasonable cause
as defined in section 245C.02, subdivision 15; or

(8) a volunteer, contractornew text begin providing services for hire in the programnew text end , prospective
employee, or other individual who has unsupervised physical access to a child served by a
program and who is not under supervision by an individual listed in clause (1) or (5),
regardless of whether the individual provides program services.

(b) Notwithstanding paragraph (a), an individual who is providing services that are not
part of the child care program is not required to have a background study if:

(1) the child receiving services is signed out of the child care program for the duration
that the services are provided;

(2) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B has obtained advanced written permission from the parent authorizing the child to
receive the services, which is maintained in the child's record;

(3) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B maintains documentation on site that identifies the individual service provider and
the services being provided; and

(4) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B ensures that the service provider does not have unsupervised access to a child not
receiving the provider's services.

Sec. 36.

Minnesota Statutes 2022, section 245C.02, subdivision 11c, is amended to read:

Subd. 11c.

Entity.

"Entity" means any program, organization,new text begin license holder,new text end or agency
deleted text begin initiatingdeleted text end new text begin required to initiate or submitnew text end a background study.

Sec. 37.

Minnesota Statutes 2022, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 11f. new text end

new text begin Employee. new text end

new text begin "Employee" means an individual who provides services or seeks
to provide services for or through the entity with which they are required to be affiliated in
NETStudy 2.0 and who is subject to oversight by the entity, which includes but is not limited
to continuous, direct supervision by the entity and being subject to immediate removal from
providing direct contact services by the entity when required. This subdivision does not
apply to child care background study subjects under subdivision 6a.
new text end

Sec. 38.

Minnesota Statutes 2022, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Volunteer. new text end

new text begin "Volunteer" means an individual who provides or seeks to provide
services for or through an entity without direct compensation for services provided, is
required to be affiliated in NETStudy 2.0 and is subject to oversight by the entity, including
but not limited to continuous, direct supervision and immediate removal from providing
direct contact services when required. This subdivision does not apply to child care
background study subjects under subdivision 6a.
new text end

Sec. 39.

Minnesota Statutes 2022, section 245C.03, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a background
study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;

(3) current or prospective employees deleted text begin or contractorsdeleted text end of the applicant new text begin or license holder
new text end who will have direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a; and

(9) notwithstanding clause (3), for children's residential facilities and foster residence
settings, any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.

(c) This subdivision applies to the following programs that must be licensed under
chapter 245A:

(1) adult foster care;

(2) child foster care;

(3) children's residential facilities;

(4) family child care;

(5) licensed child care centers;

(6) licensed home and community-based services under chapter 245D;

(7) residential mental health programs for adults;

(8) substance use disorder treatment programs under chapter 245G;

(9) withdrawal management programs under chapter 245F;

(10) adult day care centers;

(11) family adult day services;

deleted text begin (12) independent living assistance for youth;
deleted text end

deleted text begin (13)deleted text end new text begin (12)new text end detoxification programs;

deleted text begin (14)deleted text end new text begin (13)new text end community residential settings; and

deleted text begin (15)deleted text end new text begin (14)new text end intensive residential treatment services and residential crisis stabilization under
chapter 245I.

new text begin EFFECTIVE DATE. new text end

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

Sec. 40.

Minnesota Statutes 2022, section 245C.03, subdivision 1a, is amended to read:

Subd. 1a.

Procedure.

(a) Individuals and organizations that are required under this
section to have or initiate background studies shall comply with the requirements of this
chapter.

(b) All studies conducted under this section shall be conducted according to sections
299C.60 to 299C.64new text begin , including the consent and self-disclosure required in section 299C.62,
subdivision 2new text end . This requirement does not apply to subdivisions 1, paragraph (c), clauses (2)
to (5), and 6a.

Sec. 41.

Minnesota Statutes 2022, section 245C.03, subdivision 4, is amended to read:

Subd. 4.

Personnel new text begin pool new text end agencies; new text begin temporary personnel agencies; new text end educational
programs; professional services agencies.

new text begin (a) new text end The commissioner also may conduct studies
on individuals specified in subdivision 1, paragraph (a), clauses (3) and (4), when the studies
are initiated by:

(1) personnel pool agencies;

(2) temporary personnel agencies;

(3) educational programs that train individuals by providing direct contact services in
licensed programs; and

(4) professional services agencies that are not licensed and deleted text begin which contractdeleted text end new text begin that worknew text end
with licensed programs to provide direct contact services or individuals who provide direct
contact services.

new text begin (b) Personnel pool agencies, temporary personnel agencies, and professional services
agencies must employ the individuals providing direct care services for children, people
with disabilities, or the elderly. Individuals must be affiliated in NETStudy 2.0 and subject
to oversight by the entity, which includes but is not limited to continuous, direct supervision
by the entity and being subject to immediate removal from providing direct care services
when required.
new text end

Sec. 42.

Minnesota Statutes 2022, section 245C.03, subdivision 5, is amended to read:

Subd. 5.

Other state agencies.

The commissioner shall conduct background studies on
applicants and license holders under the jurisdiction of other state agencies who are required
in other statutory sections to initiate background studies under this chapter, including the
applicant's or license holder's employeesdeleted text begin , contractors,deleted text end and volunteers when required under
other statutory sections.

Sec. 43.

Minnesota Statutes 2022, section 245C.03, subdivision 5a, is amended to read:

Subd. 5a.

Facilities serving children or adults licensed or regulated by the
Department of Health.

(a) Except as specified in paragraph (b), the commissioner shall
conduct background studies of:

(1) individuals providing services who 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 subdivision 2 who provide 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 undergoing a study resides
outside of 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 state
makes the information available;

(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 with 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;

(5) controlling persons of a supplemental nursing services agency, as defined by section
144A.70; and

(6) license applicants, owners, managerial officials, and controlling individuals who are
required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a
background study under this chapter, regardless of the licensure status of the license applicant,
owner, managerial official, or controlling individual.

(b) deleted text begin The commissioner of human services shall not conductdeleted text end new text begin An entity shall not initiatenew text end a
background study on any individual identified in paragraph (a), clauses (1) to (5), 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. An entity that is affiliated with individuals who meet the requirements of
this paragraph must separate those individuals from the entity's roster for NETStudy 2.0.new text begin
The Department of Human Services is not liable for conducting background studies that
have been submitted or not removed from the roster in violation of this provision.
new text end

(c) If a facility or program is licensed by the Department of Human Services and the
Department of Health and is subject to the background study provisions of this chapter, the
Department of Human Services is solely responsible for the background studies of individuals
in the jointly licensed program.

(d) The commissioner of health shall review and make decisions regarding reconsideration
requests, including whether to grant variances, according to the procedures and criteria in
this chapter. The commissioner of health shall inform the requesting individual and the
Department of Human Services of the commissioner of health's decision regarding the
reconsideration. The commissioner of health's decision to grant or deny a reconsideration
of a disqualification is a final administrative agency action.

Sec. 44.

Minnesota Statutes 2022, section 245C.031, subdivision 1, is amended to read:

Subdivision 1.

Alternative background studies.

(a) The commissioner shall conduct
an alternative background study of individuals listed in this section.

(b) Notwithstanding other sections of this chapter, all alternative background studies
except subdivision 12 shall be conducted according to this section and with sections 299C.60
to 299C.64new text begin , including the consent and self-disclosure required in section 299C.62, subdivision
2new text end .

(c) All terms in this section shall have the definitions provided in section 245C.02.

(d) The entity that submits an alternative background study request under this section
shall submit the request to the commissioner according to section 245C.05.

(e) The commissioner shall comply with the destruction requirements in section 245C.051.

(f) Background studies conducted under this section are subject to the provisions of
section 245C.32.

(g) The commissioner shall forward all information that the commissioner receives under
section 245C.08 to the entity that submitted the alternative background study request under
subdivision 2. The commissioner shall not make any eligibility determinations regarding
background studies conducted under this section.

Sec. 45.

Minnesota Statutes 2022, section 245C.031, subdivision 4, is amended to read:

Subd. 4.

Applicants, licensees, and other occupations regulated by the commissioner
of health.

The commissioner shall conduct an alternative background study, including a
check of state data, and a national criminal history records check of the following individuals.
For studies under this section, the following persons shall complete a consent formnew text begin and
criminal history disclosure formnew text end :

(1) An applicant for initial licensure, temporary licensure, or relicensure after a lapse in
licensure as an audiologist or speech-language pathologist or an applicant for initial
certification as a hearing instrument dispenser who must submit to a background study
under section 144.0572.

(2) An applicant for a renewal license or certificate as an audiologist, speech-language
pathologist, or hearing instrument dispenser who was licensed or obtained a certificate
before January 1, 2018.

Sec. 46.

Minnesota Statutes 2022, section 245C.05, subdivision 1, is amended to read:

Subdivision 1.

Individual studied.

(a) The individual who is the subject of the
background study must provide the applicant, license holder, or other entity under section
245C.04 with sufficient information to ensure an accurate study, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) current home address, city, and state of residence;

(3) current zip code;

(4) sex;

(5) date of birth;

(6) driver's license number or state identification numbernew text begin or, for those without a driver's
license or state identification card, an acceptable form of identification as determined by
the commissionernew text end ; and

(7) upon implementation of NETStudy 2.0, the home address, city, county, and state of
residence for the past five years.

(b) Every subject of a background study conducted or initiated by counties or private
agencies under this chapter must also provide the home address, city, county, and state of
residence for the past five years.

(c) Every subject of a background study related to private agency adoptions or related
to child foster care licensed through a private agency, who is 18 years of age or older, shall
also provide the commissioner a signed consent for the release of any information received
from national crime information databases to the private agency that initiated the background
study.

(d) The subject of a background study shall provide fingerprints and a photograph as
required in subdivision 5.

(e) The subject of a background study shall submit a completed criminal and maltreatment
history records check consent form new text begin and criminal history disclosure form new text end for applicable
national and state level record checks.

Sec. 47.

Minnesota Statutes 2022, section 245C.05, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Study submitted. new text end

new text begin The entity with which the background study subject is seeking
affiliation shall initiate the background study in the NETStudy 2.0 system.
new text end

Sec. 48.

Minnesota Statutes 2022, section 245C.07, is amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other
entity owns multiple programs or services that are licensed by the Department of Human
Services, Department of Health, or Department of Corrections, only one background study
is required for an individual who provides direct contact services in one or more of the
licensed programs or services if:

(1) the license holder designates one individual with one address and telephone number
as the person to receive sensitive background study information for the multiple licensed
programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information is
capable of determining, upon request of the department, whether a background study subject
is providing direct contact services in one or more of the license holder's programs or services
and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple licensed
programs according to paragraph (a), and one or more of the licensed programs closes, the
license holder shall immediately notify the commissioner which staff must be transferred
to an active license so that the background studies can be electronically paired with the
license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also licensed under chapter 144G, a study subject affiliated with
multiple licensed programs or services may attach to the background study form a cover
letter indicating the additional names of the programs or services, addresses, and background
study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each program
or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies shall
satisfy those programs' or services' responsibilities for initiating a background study on that
individual.

(d) If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.

(e) The provisions of this section that allow a single background study in one or more
licensed programs or services do not apply to background studies submitted by adoption
agencies, supplemental nursing services agencies, personnel new text begin pool new text end agencies, educational
programs, professional services agencies, new text begin temporary personnel agencies, new text end and unlicensed
personal care provider organizations.

(f) For an entity operating under NETStudy 2.0, the entity's active roster must be the
system used to document when a background study subject is affiliated with multiple entities.
For a background study to be transferable:

(1) the background study subject must be on and moving to a roster for which the person
designated to receive sensitive background study information is the same; and

(2) the same entity must own or legally control both the roster from which the transfer
is occurring and the roster to which the transfer is occurring. For an entity that holds or
controls multiple licenses, or unlicensed personal care provider organizations, there must
be a common highest level entity that has a legally identifiable structure that can be verified
through records available from the secretary of state.

Sec. 49.

Minnesota Statutes 2022, section 245C.10, subdivision 4, is amended to read:

Subd. 4.

Temporary personnel agencies, new text begin personnel pool agencies, new text end educational
programs, and professional services agencies.

The commissioner shall recover the cost
of the background studies initiated by temporary personnel agencies,new text begin personnel pool agencies,new text end
educational programs, and professional services agencies that initiate background studies
under section 245C.03, subdivision 4, through a fee of no more than $42 per study charged
to the agency. The fees collected under this subdivision are appropriated to the commissioner
for the purpose of conducting background studies.

Sec. 50.

Minnesota Statutes 2022, section 245C.30, subdivision 2, is amended to read:

Subd. 2.

Disclosure of reason for disqualification.

(a) The commissioner may not grant
a variance for a disqualified individual unless the applicant, license-exempt child care center
certification holder, or license holder requests the variance and the disqualified individual
provides written consent for the commissioner to disclose to the applicant, license-exempt
child care center certification holder, or license holder the reason for the disqualification.

(b) This subdivision does not apply to programs licensed to provide family child care
for children, foster care for children in the provider's own home, or foster care or day care
services for adults in the provider's own home. deleted text begin When the commissioner grants a variance
for a disqualified individual in connection with a license to provide the services specified
in this paragraph, the disqualified individual's consent is not required to disclose the reason
for the disqualification to the license holder in the variance issued under subdivision 1,
provided that the commissioner may not disclose the reason for the disqualification if the
disqualification is based on a felony-level conviction for a drug-related offense within the
past five years.
deleted text end

Sec. 51.

Minnesota Statutes 2022, section 245C.31, subdivision 1, is amended to read:

Subdivision 1.

Board determines disciplinary or corrective action.

deleted text begin (a)deleted text end The
commissioner shall notify a health-related licensing board as defined in section 214.01,
subdivision 2, if the commissioner determines that an individual who is licensed by the
health-related licensing board and who is included on the board's roster list provided in
accordance with subdivision 3a is responsible for substantiated maltreatment under section
626.557 or chapter 260E, in accordance with subdivision 2. Upon receiving notification,
the health-related licensing board shall make a determination as to whether to impose
disciplinary or corrective action under chapter 214.

deleted text begin (b) This section does not apply to a background study of an individual regulated by a
health-related licensing board if the individual's study is related to child foster care, adult
foster care, or family child care licensure.
deleted text end

Sec. 52.

Minnesota Statutes 2022, section 245C.33, subdivision 4, is amended to read:

Subd. 4.

Information commissioner reviews.

(a) The commissioner shall review the
following information regarding the background study subject:

(1) the information under section 245C.08, subdivisions 1, 3, and 4;

(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and

(3) information from national crime information databases, when required under section
245C.08.

(b) The commissioner shall provide any information collected under this subdivision to
the county or private agency that initiated the background study. The commissioner shall
also provide the agencydeleted text begin :
deleted text end

deleted text begin (1)deleted text end new text begin with anew text end notice whether the information collected shows that the subject of the
background study has a conviction listed in United States Code, title 42, section
671(a)(20)(A)deleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) for background studies conducted under subdivision 1, paragraph (a), the date of all
adoption-related background studies completed on the subject by the commissioner after
June 30, 2007, and the name of the county or private agency that initiated the adoption-related
background study.
deleted text end

Sec. 53.

Minnesota Statutes 2022, section 245E.06, subdivision 3, is amended to read:

Subd. 3.

Appeal of department action.

A provider's rights related to the department's
action taken under this chapter against a provider are established in sections 119B.16 deleted text begin anddeleted text end new text begin ,new text end
119B.161new text begin , and 119B.162new text end .

Sec. 54.

Minnesota Statutes 2022, section 245G.13, subdivision 2, is amended to read:

Subd. 2.

Staff development.

(a) A license holder must ensure that each staff member
has the training described in this subdivision.

(b) Each staff member must be trained every two years in:

(1) client confidentiality rules and regulations and client ethical boundaries; and

(2) emergency procedures and client rights as specified in sections 144.651, 148F.165,
and 253B.03.

(c) Annually each staff member with direct contact must be trained on mandatory
reporting as specified in sections 245A.65, 626.557, and 626.5572, and chapter 260E,
including specific training covering the license holder's policies for obtaining a release of
client information.

(d) Upon employment and annually thereafter, each staff member with direct contact
must receive training on HIV minimum standards according to section 245A.19.

new text begin (e) The license holder must ensure that each mandatory reporter, as described in section
260E.06, subdivision 1, is trained on the maltreatment of minors reporting requirements
and definitions in chapter 260E before the mandatory reporter has direct contact, as defined
in section 245C.02, subdivision 11, with a person served by the program.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end A treatment director, supervisor, nurse, or counselor must have a minimum of 12
hours of training in co-occurring disorders that includes competencies related to philosophy,
trauma-informed care, screening, assessment, diagnosis and person-centered treatment
planning, documentation, programming, medication, collaboration, mental health
consultation, and discharge planning. A new staff member who has not obtained the training
must complete the training within six months of employment. A staff member may request,
and the license holder may grant, credit for relevant training obtained before employment,
which must be documented in the staff member's personnel file.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 55.

Minnesota Statutes 2022, section 245H.03, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Notification required. new text end

new text begin (a) A certification holder must notify the commissioner,
in a manner prescribed by the commissioner, and obtain the commissioner's approval before
making any changes:
new text end

new text begin (1) to the certification holder as defined in section 245H.01, subdivision 4;
new text end

new text begin (2) to the authorized agent as defined in section 245A.02, subdivision 3b;
new text end

new text begin (3) to the certification holder information on file with the secretary of state or Department
of Revenue;
new text end

new text begin (4) in the location of the program certified under this chapter;
new text end

new text begin (5) to the ages of children served by the program; or
new text end

new text begin (6) to the certified center's schedule including its:
new text end

new text begin (i) yearly schedule;
new text end

new text begin (ii) hours of operation; or
new text end

new text begin (iii) days of the week it is open.
new text end

new text begin (b) When, for reasons beyond the certification holder's control, a certification holder
cannot provide the commissioner with prior notice of the changes in paragraph (a), the
certification holder must notify the commissioner by the tenth business day after the change
and must provide any additional information requested by the commissioner.
new text end

new text begin (c) When a certification holder notifies the commissioner of a change to the certification
holder information on file with the secretary of state, the certification holder must provide
documentation of the change.
new text end

new text begin (d) Upon implementation of the provider licensing and reporting hub, certification holders
must enter and update information in the hub in a manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 56.

Minnesota Statutes 2022, section 245H.05, is amended to read:

245H.05 MONITORING AND INSPECTIONS.

(a) The commissioner must conduct an on-site inspection of a certified license-exempt
child care center at least deleted text begin annuallydeleted text end new text begin once each calendar yearnew text end to determine compliance with
the health, safety, and fire standards specific to a certified license-exempt child care center.

(b) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports for all certified centers including
the number of deaths, serious injuries, and instances of substantiated child maltreatment
that occurred in certified centers 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. 57.

Minnesota Statutes 2022, section 245H.08, subdivision 4, is amended to read:

Subd. 4.

Maximum group size.

(a) For a child six weeks old through 16 months old,
the maximum group size shall be no more than eight children.

(b) For a child 16 months old through 33 months old, the maximum group size shall be
no more than 14 children.

(c) For a child 33 months old through prekindergarten, a maximum group size shall be
no more than 20 children.

(d) For a child in kindergarten through 13 years old, a maximum group size shall be no
more than 30 children.

(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.

new text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end

new text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 58.

Minnesota Statutes 2022, section 245H.08, subdivision 5, is amended to read:

Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

six weeks old through 16 months old	1:4
16 months old through 33 months old	1:7
33 months old through prekindergarten	1:10
kindergarten through 13 years old	1:15

(b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.

(c) For mixed groups, the ratio for the age group of the youngest child applies.

new text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end

new text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 59.

Minnesota Statutes 2022, section 245H.13, subdivision 3, is amended to read:

Subd. 3.

Administration of medication.

(a) A certified center that chooses to administer
medicine must meet the requirements in this subdivision.

(b) The certified center must obtain written permission from the child's parent or legal
guardian before administering prescription medicine,new text begin nonprescription medicine,new text end diapering
product, sunscreen lotion, and insect repellent.

(c) The certified center must administer nonprescription medicine, diapering product,
sunscreen lotion, and insect repellent according to the manufacturer's instructions unless
provided written instructions by a licensed health professional to use a product differently.

(d) The certified center must obtain and follow written instructions from the prescribing
health professional before administering prescription medicine. Medicine with the child's
first and last name and current prescription information on the label is considered written
instructions.

(e) The certified center must ensure allnew text begin prescription and nonprescriptionnew text end medicine is:

(1) kept in the medicine's original container with a legible label stating the child's first
and last name;

(2) given only to the child whose name is on the label;

(3) not given after an expiration date on the label; and

(4) returned to the child's parent or legal guardian or destroyed, if unused.

(f) The certified center must document in the child's record the administration ofnew text begin
prescription and nonprescriptionnew text end medication, including the child's first and last name; the
name of the medication or prescription number; the date, time, and dosage; and the name
and signature of the person who administered the medicine. This documentation must be
available to the child's parent or legal guardian.

(g) The certified center must storenew text begin prescription and nonprescriptionnew text end medicines, insect
repellents, and diapering products according to directions on the original container.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 60.

Minnesota Statutes 2022, section 245H.13, subdivision 7, is amended to read:

Subd. 7.

Risk reduction plan.

(a) The certified center must develop a risk reduction
plan that identifies risks to children served by the child care center. The assessment of risk
must include risks presented by (1) the physical plant where the certified services are
provided, including electrical hazards; and (2) the environment, including the proximity to
busy roads and bodies of water.

(b) The certification holder must establish policies and procedures to minimize identified
risks. After any change to the risk reduction plan, the certification holder must inform staff
of the change in the risk reduction plan and document that staff were informed of the change.

new text begin (c) If middle-school-age children are enrolled in the center and combined with elementary
children, the certification holder must establish policies and procedures to ensure adequate
supervision as defined in subdivision 10 when children are grouped together.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 61.

Minnesota Statutes 2022, section 245H.13, subdivision 9, is amended to read:

Subd. 9.

Behavior guidance.

The certified center must ensure that staff and volunteers
use positive behavior guidance and do not subject children to:

(1) corporal punishment, including but not limited to rough handling, shoving, hair
pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking;

(2) humiliation;

(3) abusive language;

(4) the use of mechanical restraints, including tying;

(5) the use of physical restraints other than to physically hold a child when containment
is necessary to protect a child or others from harm; deleted text begin or
deleted text end

new text begin (6) prone restraints, as prohibited by section 245A.211; or
new text end

deleted text begin (6)deleted text end new text begin (7)new text end the withholding or forcing of food and other basic needs.

Sec. 62.

Minnesota Statutes 2022, section 256.9685, subdivision 1a, is amended to read:

Subd. 1a.

Administrative reconsideration.

Notwithstanding section 256B.04,
subdivision 15, the commissioner shall establish an administrative reconsideration process
for appeals of inpatient hospital services determined to be medically unnecessary. A
physician, advanced practice registered nurse, physician assistant, or hospital may request
a reconsideration of the decision that inpatient hospital services are not medically necessary
by submitting a written request for review to the commissioner within deleted text begin 30deleted text end new text begin 45 calendar new text end days
after deleted text begin receivingdeleted text end new text begin the date of thenew text end notice of the decisionnew text begin was mailednew text end . Thenew text begin request fornew text end
reconsideration deleted text begin processdeleted text end shall deleted text begin take place prior to the procedures of subdivision 1b and shall
be conducteddeleted text end new text begin be reviewednew text end by deleted text begin thedeleted text end new text begin at least onenew text end medical review agent that is independent of
the case under reconsideration.new text begin The medical review agent shall make a recommendation to
the commissioner. The commissioner's decision on reconsideration is final and not subject
to appeal under chapter 14.
new text end

Sec. 63.

Minnesota Statutes 2022, section 256.9685, subdivision 1b, is amended to read:

Subd. 1b.

Appeal of reconsideration.

deleted text begin Notwithstanding section 256B.72, the
commissioner may recover inpatient hospital payments for services that have been determined
to be medically unnecessary after the reconsideration and determinations. A physician,
advanced practice registered nurse, physician assistant, or hospital may appeal the result of
the reconsideration process by submitting a written request for review to the commissioner
within 30 days after receiving notice of the action. The commissioner shall review the
medical record and information submitted during the reconsideration process and the medical
review agent's basis for the determination that the services were not medically necessary
for inpatient hospital services. The commissioner shall issue an order upholding or reversing
the decision of the reconsideration process based on the review. deleted text end new text begin The commissioner's decision
under subdivision 1a is appealable by petition for writ of certiorari under chapter 606.
new text end

Sec. 64.

Minnesota Statutes 2022, section 256.9686, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Medical review agent. new text end

new text begin "Medical review agent" means the representative of
the commissioner who is authorized by the commissioner to administer medical record
reviews; conduct administrative reconsiderations as defined by section 256.9685, subdivision
1a; and perform other functions as stipulated in the terms of the agent's contract with the
department. Medical records reviews and administrative reconsiderations will be performed
by medical professionals within their scope of expertise, including but not limited to
physicians, physician assistants, advanced practice registered nurses, and registered nurses.
The medical professional performing the review or reconsideration must be on staff with
the medical review agent, in good standing, and licensed to practice in the state where the
medical professional resides.
new text end

Sec. 65.

Minnesota Statutes 2022, section 256B.04, subdivision 15, is amended to read:

Subd. 15.

Utilization review.

(a) Establish on a statewide basis a new program to
safeguard against unnecessary or inappropriate use of medical assistance services, against
excess payments, against unnecessary or inappropriate hospital admissions or lengths of
stay, and against underutilization of services in prepaid health plans, long-term care facilities
or any health care delivery system subject to fixed rate reimbursement. In implementing
the program, the state agency shall utilize both prepayment and postpayment review systems
to determine if utilization is reasonable and necessary. The determination of whether services
are reasonable and necessary shall be made by the commissioner in consultation with a
professional services advisory group or health care consultant appointed by the commissioner.

(b) Contracts entered into for purposes of meeting the requirements of this subdivision
shall not be subject to the set-aside provisions of chapter 16C.

(c) A recipient aggrieved by the commissioner's termination of services or denial of
future services may appeal pursuant to section 256.045. new text begin Unless otherwise provided by law,
new text end a vendor aggrieved by the commissioner's determination that services provided were not
reasonable or necessary may appeal pursuant to the contested case procedures of chapter
14. To appeal, the vendor shall notify the commissioner in writing within 30 days of receiving
the commissioner's notice. The appeal request shall specify each disputed item, the reason
for the dispute, an estimate of the dollar amount involved for each disputed item, the
computation that the vendor believes is correct, the authority in statute or rule upon which
the vendor relies for each disputed item, the name and address of the person or firm with
whom contacts may be made regarding the appeal, and other information required by the
commissioner.

(d) The commissioner may select providers to provide case management services to
recipients who use health care services inappropriately or to recipients who are eligible for
other managed care projects. The providers shall be selected based upon criteria that may
include a comparison with a peer group of providers related to the quality, quantity, or cost
of health care services delivered or a review of sanctions previously imposed by health care
services programs or the provider's professional licensing board.

Sec. 66.

Minnesota Statutes 2022, section 256B.064, is amended to read:

256B.064 SANCTIONS; MONETARY RECOVERY.

Subdivision 1.

Terminating payments to ineligible deleted text begin vendorsdeleted text end new text begin individuals or entitiesnew text end .

The
commissioner may terminate payments under this chapter to any person or facility that,
under applicable federal law or regulation, has been determined to be ineligible for payments
under title XIX of the Social Security Act.

Subd. 1a.

Grounds for sanctions deleted text begin against vendorsdeleted text end .

(a) The commissioner may impose
sanctions against deleted text begin a vendor of medical caredeleted text end new text begin any individual or entity that receives payments
from medical assistance or provides goods or services for which payment is made from
medical assistancenew text end for any of the following: (1) fraud, theft, or abuse in connection with the
provision of deleted text begin medical caredeleted text end new text begin goods and servicesnew text end to recipients of public assistancenew text begin for which
payment is made from medical assistancenew text end ; (2) a pattern of presentment of false or duplicate
claims or claims for services not medically necessary; (3) a pattern of making false statements
of material facts for the purpose of obtaining greater compensation than that to which the
deleted text begin vendordeleted text end new text begin individual or entitynew text end is legally entitled; (4) suspension or termination as a Medicare
vendor; (5) refusal to grant the state agency access during regular business hours to examine
all records necessary to disclose the extent of services provided to program recipients and
appropriateness of claims for payment; (6) failure to repay an overpayment or a fine finally
established under this section; (7) failure to correct errors in the maintenance of health
service or financial records for which a fine was imposed or after issuance of a warning by
the commissioner; and (8) any reason for which deleted text begin a vendordeleted text end new text begin an individual or entitynew text end could be
excluded from participation in the Medicare program under section 1128, 1128A, or
1866(b)(2) of the Social Security Act.new text begin For the purposes of this section, goods or services
for which payment is made from medical assistance includes but is not limited to care and
services identified in section 256B.0625 or provided pursuant to any federally approved
waiver.
new text end

(b) The commissioner may impose sanctions against a pharmacy provider for failure to
respond to a cost of dispensing survey under section 256B.0625, subdivision 13e, paragraph
(h).

Subd. 1b.

Sanctions available.

The commissioner may impose the following sanctions
for the conduct described in subdivision 1a: suspension or withholding of payments to deleted text begin a
vendordeleted text end new text begin an individual or entitynew text end and suspending or terminating participation in the program,
or imposition of a fine under subdivision 2, paragraph (f). When imposing sanctions under
this section, the commissioner shall consider the nature, chronicity, or severity of the conduct
and the effect of the conduct on the health and safety of persons served by the deleted text begin vendordeleted text end new text begin
individual or entitynew text end . The commissioner shall suspend deleted text begin a vendor'sdeleted text end new text begin an individual's or entity'snew text end
participation in the program for a minimum of five years if the deleted text begin vendordeleted text end new text begin individual or entitynew text end
is convicted of a crime, received a stay of adjudication, or entered a court-ordered diversion
program for an offense related to a provision of a health service under medical assistancenew text begin ,
including a federally approved waiver,new text end or health care fraud. Regardless of imposition of
sanctions, the commissioner may make a referral to the appropriate state licensing board.

Subd. 1c.

Grounds for and methods of monetary recovery.

(a) The commissioner
may obtain monetary recovery from deleted text begin a vendor whodeleted text end new text begin an individual or entity thatnew text end has been
improperly paid new text begin by the department new text end either as a result of conduct described in subdivision 1a
or as a result of deleted text begin a vendor or departmentdeleted text end new text begin annew text end errornew text begin by the individual or entity submitting the
claim or by the departmentnew text end , regardless of whether the error was intentional. Patterns need
not be proven as a precondition to monetary recovery of erroneous or false claims, duplicate
claims, claims for services not medically necessary, or claims based on false statements.

(b) The commissioner may obtain monetary recovery using methods including but not
limited to the following: assessing and recovering money improperly paid and debiting from
future payments any money improperly paid. The commissioner shall charge interest on
money to be recovered if the recovery is to be made by installment payments or debits,
except when the monetary recovery is of an overpayment that resulted from a department
error. The interest charged shall be the rate established by the commissioner of revenue
under section 270C.40.

Subd. 1d.

Investigative costs.

The commissioner may seek recovery of investigative
costs from any deleted text begin vendor of medical care or services whodeleted text end new text begin individual or entity thatnew text end willfully
submits a claim for reimbursement for services that the deleted text begin vendordeleted text end new text begin individual or entitynew text end knows,
or reasonably should have known, is a false representation and that results in the payment
of public funds for which the deleted text begin vendordeleted text end new text begin individual or entitynew text end is ineligible. Billing errors that
result in unintentional overcharges shall not be grounds for investigative cost recoupment.

Subd. 2.

Imposition of monetary recovery and sanctions.

(a) The commissioner shall
determine any monetary amounts to be recovered and sanctions to be imposed upon deleted text begin a vendor
of medical caredeleted text end new text begin an individual or entitynew text end under this section. Except as provided in paragraphs
(b) and (d), neither a monetary recovery nor a sanction will be imposed by the commissioner
without prior notice and an opportunity for a hearing, according to chapter 14, on the
commissioner's proposed action, provided that the commissioner may suspend or reduce
payment to deleted text begin a vendor of medical caredeleted text end new text begin an individual or entitynew text end , except a nursing home or
convalescent care facility, after notice and prior to the hearing if in the commissioner's
opinion that action is necessary to protect the public welfare and the interests of the program.

(b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall
withhold or reduce payments to deleted text begin a vendor of medical caredeleted text end new text begin an individual or entitynew text end without
providing advance notice of such withholding or reduction if either of the following occurs:

(1) the deleted text begin vendordeleted text end new text begin individual or entitynew text end is convicted of a crime involving the conduct described
in subdivision 1a; or

(2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. new text begin Allegations are considered credible when they
have an indicium of reliability and the state agency has reviewed all allegations, facts, and
evidence carefully and acts judiciously on a case-by-case basis. new text end A credible allegation of
fraud is an allegation which has been verified by the state, from any source, including but
not limited to:

(i) fraud hotline complaints;

(ii) claims data mining; and

(iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.

deleted text begin Allegations are considered to be credible when they have an indicia of reliability and
the state agency has reviewed all allegations, facts, and evidence carefully and acts
judiciously on a case-by-case basis.
deleted text end

(c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:

(1) state that payments are being withheld according to paragraph (b);

(2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;

(3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;

(4) identify the types of claims to which the withholding applies; and

(5) inform the deleted text begin vendordeleted text end new text begin individual or entitynew text end of the right to submit written evidence for
consideration by the commissioner.

new text begin (d) new text end The withholding or reduction of payments will not continue after the commissioner
determines there is insufficient evidence of fraud by the deleted text begin vendordeleted text end new text begin individual or entitynew text end , or after
legal proceedings relating to the alleged fraud are completed, unless the commissioner has
sent notice of intention to impose monetary recovery or sanctions under paragraph (a). Upon
conviction for a crime related to the provision, management, or administration of a health
service under medical assistance, a payment held pursuant to this section by the commissioner
or a managed care organization that contracts with the commissioner under section 256B.035
is forfeited to the commissioner or managed care organization, regardless of the amount
charged in the criminal complaint or the amount of criminal restitution ordered.

deleted text begin (d)deleted text end new text begin (e)new text end The commissioner shall suspend or terminate deleted text begin a vendor'sdeleted text end new text begin an individual's or entity'snew text end
participation in the program without providing advance notice and an opportunity for a
hearing when the suspension or termination is required because of the deleted text begin vendor'sdeleted text end new text begin individual's
or entity'snew text end exclusion from participation in Medicare. Within five days of taking such action,
the commissioner must send notice of the suspension or termination. The notice must:

(1) state that suspension or termination is the result of the deleted text begin vendor'sdeleted text end new text begin individual's or entity'snew text end
exclusion from Medicare;

(2) identify the effective date of the suspension or termination; and

(3) inform the deleted text begin vendordeleted text end new text begin individual or entitynew text end of the need to be reinstated to Medicare before
reapplying for participation in the program.

deleted text begin (e)deleted text end new text begin (f)new text end Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction
is to be imposed, deleted text begin a vendordeleted text end new text begin an individual or entitynew text end may request a contested case, as defined
in section 14.02, subdivision 3, by filing with the commissioner a written request of appeal.
The appeal request must be received by the commissioner no later than 30 days after the
date the notification of monetary recovery or sanction was mailed to the deleted text begin vendordeleted text end new text begin individual
or entitynew text end . The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;

(2) the computation that the deleted text begin vendordeleted text end new text begin individual or entitynew text end believes is correct;

(3) the authority in statute or rule upon which the deleted text begin vendordeleted text end new text begin individual or entitynew text end relies for
each disputed item;

(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and

(5) other information required by the commissioner.

deleted text begin (f)deleted text end new text begin (g)new text end The commissioner may order deleted text begin a vendordeleted text end new text begin an individual or entitynew text end to forfeit a fine for
failure to fully document services according to standards in this chapter and Minnesota
Rules, chapter 9505. The commissioner may assess fines if specific required components
of documentation are missing. The fine for incomplete documentation shall equal 20 percent
of the amount paid on the claims for reimbursement submitted by the deleted text begin vendordeleted text end new text begin individual or
entitynew text end , or up to $5,000, whichever is less. If the commissioner determines that deleted text begin a vendordeleted text end new text begin an
individual or entitynew text end repeatedly violated this chapter, chapter 254B or 245G, or Minnesota
Rules, chapter 9505, related to the provision of services to program recipients and the
submission of claims for payment, the commissioner may order deleted text begin a vendordeleted text end new text begin an individual or
entitynew text end to forfeit a fine based on the nature, severity, and chronicity of the violations, in an
amount of up to $5,000 or 20 percent of the value of the claims, whichever is greater.

deleted text begin (g)deleted text end new text begin (h)new text end The deleted text begin vendordeleted text end new text begin individual or entitynew text end shall pay the fine assessed on or before the
payment date specified. If the deleted text begin vendordeleted text end new text begin individual or entitynew text end fails to pay the fine, the
commissioner may withhold or reduce payments and recover the amount of the fine. A
timely appeal shall stay payment of the fine until the commissioner issues a final order.

Subd. 3.

deleted text begin Vendordeleted text end Mandates on prohibited payments.

(a) The commissioner shall
maintain and publish a list of each excluded individual and entity that was convicted of a
crime related to the provision, management, or administration of a medical assistance health
service, or suspended or terminated under subdivision 2. Medical assistance payments cannot
be made by deleted text begin a vendordeleted text end new text begin an individual or entitynew text end for items or services furnished either directly
or indirectly by an excluded individual or entity, or at the direction of excluded individuals
or entities.

(b) The deleted text begin vendordeleted text end new text begin entitynew text end must check the exclusion list on a monthly basis and document
the date and time the exclusion list was checked and the name and title of the person who
checked the exclusion list. The deleted text begin vendordeleted text end new text begin entitynew text end must immediately terminate payments to an
individual or entity on the exclusion list.

(c) deleted text begin A vendor'sdeleted text end new text begin An entity'snew text end requirement to check the exclusion list and to terminate
payments to individuals or entities on the exclusion list applies to each individual or entity
on the exclusion list, even if the named individual or entity is not responsible for direct
patient care or direct submission of a claim to medical assistance.

(d) deleted text begin A vendordeleted text end new text begin An entitynew text end that pays medical assistance program funds to an individual or
entity on the exclusion list must refund any payment related to either items or services
rendered by an individual or entity on the exclusion list from the date the individual or entity
is first paid or the date the individual or entity is placed on the exclusion list, whichever is
later, and deleted text begin a vendordeleted text end new text begin an entitynew text end may be subject to:

(1) sanctions under subdivision 2;

(2) a civil monetary penalty of up to $25,000 for each determination by the department
that the vendor employed or contracted with an individual or entity on the exclusion list;
and

(3) other fines or penalties allowed by law.

Subd. 4.

Notice.

(a) The new text begin department shall serve the new text end notice required under subdivision 2
deleted text begin shall be serveddeleted text end by certified mail at the address submitted to the department by the deleted text begin vendordeleted text end new text begin
individual or entitynew text end . Service is complete upon mailing. deleted text begin The commissioner shall place an
affidavit of the certified mailing in the vendor's file as an indication of the address and the
date of mailing.
deleted text end

(b) The department shall give notice in writing to a recipient placed in the Minnesota
restricted recipient program under section 256B.0646 and Minnesota Rules, part 9505.2200.
The new text begin department shall send the new text end notice deleted text begin shall be sentdeleted text end by first class mail to the recipient's current
address on file with the department. A recipient placed in the Minnesota restricted recipient
program may contest the placement by submitting a written request for a hearing to the
department within 90 days of the notice being mailed.

Subd. 5.

Immunity; good faith reporters.

(a) A person who makes a good faith report
is immune from any civil or criminal liability that might otherwise arise from reporting or
participating in the investigation. Nothing in this subdivision affects deleted text begin a vendor'sdeleted text end new text begin an individual's
or entity'snew text end responsibility for an overpayment established under this subdivision.

(b) A person employed by a lead investigative agency who is conducting or supervising
an investigation or enforcing the law according to the applicable law or rule is immune from
any civil or criminal liability that might otherwise arise from the person's actions, if the
person is acting in good faith and exercising due care.

(c) For purposes of this subdivision, "person" includes a natural person or any form of
a business or legal entity.

(d) After an investigation is complete, the reporter's name must be kept confidential.
The subject of the report may compel disclosure of the reporter's name only with the consent
of the reporter or upon a written finding by a district court that the report was false and there
is evidence that the report was made in bad faith. This subdivision does not alter disclosure
responsibilities or obligations under the Rules of Criminal Procedure, except that when the
identity of the reporter is relevant to a criminal prosecution the district court shall conduct
an in-camera review before determining whether to order disclosure of the reporter's identity.

Sec. 67.

Minnesota Statutes 2022, section 256B.27, subdivision 3, is amended to read:

Subd. 3.

Access to medical records.

The commissioner of human services, with the
written consent of the recipient, on file with the local welfare agency, shall be allowed
access new text begin in the manner and within the time prescribed by the commissioner new text end to all personal
medical records of medical assistance recipients solely for the purposes of investigating
whether or not: (a) a vendor of medical care has submitted a claim for reimbursement, a
cost report or a rate application which is duplicative, erroneous, or false in whole or in part,
or which results in the vendor obtaining greater compensation than the vendor is legally
entitled to; or (b) the medical care was medically necessary. When the commissioner is
investigating a possible overpayment of Medicaid funds, the commissioner must be given
immediate access without prior notice to the vendor's office during regular business hours
and to documentation and records related to services provided and submission of claims
for services provided. The department shall document in writing the need for immediate
access to records related to a specific investigation. Denying the commissioner access to
records is cause for the vendor's immediate suspension of payment or termination according
to section 256B.064. The determination of provision of services not medically necessary
shall be made by the commissioner. Notwithstanding any other law to the contrary, a vendor
of medical care shall not be subject to any civil or criminal liability for providing access to
medical records to the commissioner of human services pursuant to this section.

Sec. 68.

Minnesota Statutes 2022, section 524.5-118, subdivision 2a, is amended to read:

Subd. 2a.

Procedure; state licensing agency data.

(a) The court shall request the
commissioner of human services to provide the court within 25 working days of receipt of
the request with licensing agency data for licenses directly related to the responsibilities of
a professional fiduciary if the study subject indicates current or prior affiliation from the
following agencies in Minnesota:

(1) Lawyers Responsibility Board;

(2) State Board of Accountancy;

(3) Board of Social Work;

(4) Board of Psychology;

(5) Board of Nursing;

(6) Board of Medical Practice;

deleted text begin (7) Department of Education;
deleted text end

deleted text begin (8)deleted text end new text begin (7)new text end Department of Commerce;

deleted text begin (9)deleted text end new text begin (8)new text end Board of Chiropractic Examiners;

deleted text begin (10)deleted text end new text begin (9)new text end Board of Dentistry;

deleted text begin (11)deleted text end new text begin (10)new text end Board of Marriage and Family Therapy;

deleted text begin (12)deleted text end new text begin (11)new text end Department of Human Services;

deleted text begin (13)deleted text end new text begin (12)new text end Peace Officer Standards and Training (POST) Board; and

deleted text begin (14)deleted text end new text begin (13)new text end Professional Educator Licensing and Standards Board.

(b) The commissioner shall enter into agreements with these agencies to provide the
commissioner with electronic access to the relevant licensing data, and to provide the
commissioner with a quarterly list of new sanctions issued by the agency.

(c) The commissioner shall provide to the court the electronically available data
maintained in the agency's database, including whether the proposed guardian or conservator
is or has been licensed by the agency, and if the licensing agency database indicates a
disciplinary action or a sanction against the individual's license, including a condition,
suspension, revocation, or cancellation.

(d) If the proposed guardian or conservator has resided in a state other than Minnesota
in the previous ten years, licensing agency data under this section shall also include the
licensing agency data from any other state where the proposed guardian or conservator
reported to have resided during the previous ten years if the study subject indicates current
or prior affiliation. If the proposed guardian or conservator has or has had a professional
license in another state that is directly related to the responsibilities of a professional fiduciary
from one of the agencies listed under paragraph (a), state licensing agency data shall also
include data from the relevant licensing agency of that state.

(e) The commissioner is not required to repeat a search for Minnesota or out-of-state
licensing data on an individual if the commissioner has provided this information to the
court within the prior five years.

(f) The commissioner shall review the information in paragraph (c) at least once every
four months to determine if an individual who has been studied within the previous five
years:

(1) has new disciplinary action or sanction against the individual's license; or

(2) did not disclose a prior or current affiliation with a Minnesota licensing agency.

(g) If the commissioner's review in paragraph (f) identifies new information, the
commissioner shall provide any new information to the court.

Sec. 69. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section
245C.02, in alphabetical order and correct any cross-reference changes that result.
new text end

Sec. 70. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 245A.22; 245C.02, subdivision 9; 245C.301; and
256.9685, subdivisions 1c and 1d, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9505.0505, subpart 18; and 9505.0520, subpart 9b, new text end new text begin are
repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2022, sections 245A.144; and 245A.175, new text end new text begin are repealed.
new text end

new text begin (d) new text end new text begin Minnesota Rules, parts 2960.3070; 2960.3210; and 9502.0425, subparts 5 and 10, new text end new text begin
are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (b) are effective the day following final
enactment. Paragraphs (c) and (d) are effective January 1, 2024.
new text end

SF 2819

Bill Text Versions

Current Version - 2nd Engrossment

ARTICLE 1

HUMAN SERVICES LICENSING AND OFFICE OF INSPECTOR GENERAL POLICY

Section 1.

Subd. 4a.

Background study required.

Sec. 2.

new text begin [119B.162] RECONSIDERATION OF CORRECTION ORDERS. new text end

Sec. 3.

Subd. 8.

Background studies.

Sec. 4.

Subd. 5a.

Controlling individual.

Sec. 5.

new text begin Subd. 5b. new text end

new text begin Cradleboard. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 6.

Subd. 10b.

Owner.

Sec. 7.

Subdivision 1.

Application for licensure.

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subd. 4.

Inspections; waiver.

new text begin EFFECTIVE DATE. new text end

Sec. 9.

Subd. 7.

Grant of license; license extension.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

new text begin Subd. 6. new text end

new text begin First date of direct contact; documentation requirements. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 11.

245A.05 DENIAL OF APPLICATION.

new text begin EFFECTIVE DATE. new text end

Sec. 12.

Subdivision 1.

Sanctions; appeals; license.

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Subd. 2a.

Immediate suspension expedited hearing.

Sec. 14.

Subd. 3.

License suspension, revocation, or fine.

new text begin EFFECTIVE DATE. new text end

Sec. 15.

Subd. 3.

Application fee for initial license or certification.

new text begin EFFECTIVE DATE. new text end

Sec. 16.

Subd. 4.

License or certification fee for certain programs.

new text begin EFFECTIVE DATE. new text end

Sec. 17.

new text begin Subd. 12. new text end

new text begin License holder qualifications for child foster care. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 18.

Subd. 4.

Special family child care homes.

Sec. 19.

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH IN LICENSED PROGRAMS.

new text begin EFFECTIVE DATE. new text end

Sec. 20.

Subd. 3.

License holder documentation of cribs.

new text begin EFFECTIVE DATE. new text end

Sec. 21.

Subdivision 1.

Delegation of authority to agencies.

new text begin EFFECTIVE DATE. new text end

Sec. 22.

HUMAN SERVICES LICENSING AND OFFICE OF INSPECTOR GENERAL
POLICY

new text begin [119B.162] RECONSIDERATION OF CORRECTION ORDERS.
new text end

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
IN LICENSED PROGRAMS.

new text begin [245A.211] PRONE RESTRAINT PROHIBITION.
new text end

new text begin [245A.60] FAMILY CHILD FOSTER CARE TRAINING REQUIREMENTS.
new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin [245A.61] FOSTER RESIDENCE SETTING STAFF TRAINING
REQUIREMENTS.
new text end