Minnesota Legislature
SF 3022
as introduced - 93rd Legislature (2023 - 2024) Posted on 07/05/2023 01:59pm
Current Version - as introduced
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A bill for an act
relating to human services; establishing the Department of Direct Care and Services;
amending Minnesota Statutes 2022, sections 15.01; 15.06, subdivision 1; 43A.08,
subdivision 1a; proposing coding for new law as Minnesota Statutes, chapter 246C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 15.01, is amended to read:
15.01 DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government: the
Department of Administrationdeleted text begin ;deleted text end new text begin ,new text end the Department of Agriculturedeleted text begin ;deleted text end new text begin ,new text end the Department of
Commercedeleted text begin ;deleted text end new text begin ,new text end the Department of Correctionsdeleted text begin ;deleted text end new text begin , the Department of Direct Care and Treatment,new text end
the Department of Educationdeleted text begin ;deleted text end new text begin ,new text end the Department of Employment and Economic Developmentdeleted text begin ;deleted text end new text begin ,new text end
the Department of Healthdeleted text begin ;deleted text end new text begin ,new text end the Department of Human Rightsdeleted text begin ;deleted text end new text begin , the Department of Human
Services,new text end the Department of Information Technology Servicesdeleted text begin ;deleted text end new text begin ,new text end the Department of Iron
Range Resources and Rehabilitationdeleted text begin ;deleted text end new text begin ,new text end the Department of Labor and Industrydeleted text begin ;deleted text end new text begin ,new text end the Department
of Management and Budgetdeleted text begin ;deleted text end new text begin ,new text end the Department of Military Affairsdeleted text begin ;deleted text end new text begin ,new text end the Department of Natural
Resourcesdeleted text begin ;deleted text end new text begin ,new text end the Department of Public Safetydeleted text begin ; the Department of Human Services;deleted text end new text begin ,new text end the
Department of Revenuedeleted text begin ;deleted text end new text begin ,new text end the Department of Transportationdeleted text begin ;deleted text end new text begin ,new text end the Department of Veterans
Affairsdeleted text begin ;deleted text end new text begin ,new text end and their successor departments.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2022, section 15.06, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
This section applies to the following departments or
agencies: the Departments of Administration, Agriculture, Commerce, Corrections, new text begin Direct
Care and Treatment, new text end Education, Employment and Economic Development, Health, Human
Rights, new text begin Human Services, new text end Labor and Industry, Management and Budget, Natural Resources,
Public Safety, deleted text begin Human Services,deleted text end Revenue, Transportation, and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range
Resources and Rehabilitation; the Department of Information Technology Services; the
Bureau of Mediation Services; and their successor departments and agencies. The heads of
the foregoing departments or agencies are "commissioners."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a.
Additional unclassified positions.
Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administrationdeleted text begin ;deleted text end new text begin ,new text end Agriculturedeleted text begin ;deleted text end new text begin ,new text end Commercedeleted text begin ;deleted text end new text begin ,new text end Correctionsdeleted text begin ;deleted text end new text begin , Direct Care and
Treatment,new text end Educationdeleted text begin ;deleted text end new text begin ,new text end Employment and Economic Developmentdeleted text begin ;deleted text end new text begin ,new text end Explore Minnesota
Tourismdeleted text begin ;deleted text end new text begin ,new text end Management and Budgetdeleted text begin ;deleted text end new text begin ,new text end Healthdeleted text begin ;deleted text end new text begin ,new text end Human Rightsdeleted text begin ;deleted text end new text begin , Human Services,new text end Labor and
Industrydeleted text begin ;deleted text end new text begin ,new text end Natural Resourcesdeleted text begin ;deleted text end new text begin ,new text end Public Safetydeleted text begin ;deleted text end new text begin ,new text end deleted text begin Human Services;deleted text end Revenuedeleted text begin ;deleted text end new text begin ,new text end Transportationdeleted text begin ;deleted text end new text begin ,new text end
and Veterans Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery;
the State Board of Investment; the Office of Administrative Hearings; the Department of
Information Technology Services; the Offices of the Attorney General, Secretary of State,
and State Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of
Higher Education; the Perpich Center for Arts Education; and the Minnesota Zoological
Board.
A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating specifically
to that agency;
(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;
(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant to the
agency head; and
(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 4.
new text begin
[246C.01] TITLE.
new text end
new text begin
This chapter may be cited as the "Department of Direct Care & Treatment Act."
new text end
Sec. 5.
new text begin
[246C.02] DEPARTMENT OF DIRECT CARE AND TREATMENT;
ESTABLISHMENT.
new text end
new text begin
(a) The Department of Direct Care and Treatment is created. An executive board shall
head the Department of Direct Care and Treatment. The executive board shall develop and
maintain direct care and treatment in a manner consistent with applicable law, including
chapters 13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256. The
Department of Direct Care and Treatment shall provide direct care and treatment services
in coordination with counties and other vendors. Direct care and treatment services shall
include specialized inpatient programs at secure treatment facilities as defined in sections
253B.02, subdivision 18a, and 253D.02, subdivision 13; community preparation services;
regional treatment centers; enterprise services; consultative services; aftercare services;
community-based services and programs; transition services; nursing home services; and
other services consistent with the mission of the Department of Direct Care and Treatment.
new text end
new text begin
(b) "Community preparation services" means specialized inpatient or outpatient services
or programs operated outside of a secure environment but administered by a secure treatment
facility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 6.
new text begin
[246C.03] TRANSITION OF AUTHORITY; DEVELOPMENT OF A BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Authority until board is developed and powers defined. new text end
new text begin
Upon the
effective date of this act, the commissioner of human services shall continue to exercise all
authorities and responsibilities under chapters 13, 245, 246, 246B, 252, 253, 253B, 253C,
253D, 254A, 254B, and 256, until legislation is effective that develops the Department of
Direct Care and Treatment executive board and defines the responsibilities and powers of
the Department of Direct Care and Treatment and its executive board.
new text end
new text begin Subd. 2. new text end
new text begin Development of Department of Direct Care and Treatment Board. new text end
new text begin
(a) The
commissioner of human services shall prepare legislation for introduction during the 2024
legislative session, with input from stakeholders the commissioner deems necessary,
proposing legislation for the creation and implementation of the Direct Care and Treatment
executive board and defining the responsibilities, powers, and function of the Department
of Direct Care and Treatment executive board.
new text end
new text begin
(b) The Department of Direct Care and Treatment executive board shall consist of no
more than five members, all appointed by the governor.
new text end
new text begin
(c) An executive board member's qualifications must be appropriate for overseeing a
complex behavioral health system, such as experience serving on a hospital or non-profit
board or working as a licensed health care provider, in an allied health profession, or in
health care administration.
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. 7.
new text begin
[246C.04] TRANSFER OF DUTIES.
new text end
new text begin
(a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end
new text begin
(b) The commissioner of administration, with the governor's approval, shall issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by section 246C.01. The provision of section 16B.37, subdivision 1, stating that
transfers under section 16B.37 may only be to an agency that has existed for at least one
year does not apply to transfers to an agency created by this chapter.
new text end
new text begin
(c) The initial salary for the health systems chief executive officer of the Department of
Direct Care and Treatment is the same as the salary for the health systems chief executive
officer of direct care and treatment at the Department of Human Services immediately before
July 1, 2024.
new text end
Sec. 8.
new text begin
[246C.05] SUCCESSOR AND EMPLOYEE PROTECTION CLAUSE.
new text end
new text begin
(a) Personnel who perform the functions assigned to the commissioner of direct care
and treatment in chapters 13, 43A, 245, 246, 246B, 252, 253, 253B, 253D, and 256 and any
other applicable chapters or sections of law are transferred to the Department of Direct Care
and Treatment effective 30 days after approval of the transfer by the commissioner of direct
care and treatment.
new text end
new text begin
(b) All employees of the Department of Human Services transferred to the Department
of Direct Care and Treatment will become employees of the Department of Direct Care and
Treatment and will cease to be employees of the Department of Human Services, effective
30 days after approval of the transfer by the commissioner of direct care and treatment.
Transferred employees must be assigned the same employment status, bargaining unit, and
job classification as they had at the time of the transfer. Nothing in this provision prohibits
the Department of Direct Care and Treatment from taking any action subsequent to the
transfer that is allowed under chapter 43A, a collective bargaining agreement, or
compensation plan, or is otherwise permitted by law.
new text end
new text begin
(c) All collective bargaining agreements and compensation plans that cover any employee
of the Department of Human Services who is transferred to the Department of Direct Care
and Treatment continue in full force and effect with the Department of Direct Care and
Treatment.
new text end
Sec. 9. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research and Fiscal Analysis; and
the respective departments shall prepare legislation for introduction in the 2024 legislative
session proposing the statutory changes necessary to implement the transfers of duties that
this article requires.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end