SF 3028

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to vulnerable adults; specifying rights for 
  1.3             reconsideration and review of determinations regarding 
  1.4             maltreatment; amending Minnesota Statutes 1998, 
  1.5             section 626.557, subdivisions 9d and 12b. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 626.557, 
  1.8   subdivision 9d, is amended to read: 
  1.9      Subd. 9d.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
  1.10  DISPOSITION; REVIEW BY BOARD ON AGING.] (a) Any individual or 
  1.11  facility which a lead agency determines has maltreated a 
  1.12  vulnerable adult, or the vulnerable adult or vulnerable adult's 
  1.13  designee an interested person acting on behalf of the vulnerable 
  1.14  adult, regardless of the lead agency's determination, who 
  1.15  contests the lead agency's final disposition of an allegation of 
  1.16  maltreatment, may request the lead agency to reconsider its 
  1.17  final disposition.  The request for reconsideration must be 
  1.18  submitted in writing to the lead agency within 15 calendar days 
  1.19  after receipt of notice of final disposition or, if the request 
  1.20  is made by an interested person who is not entitled to notice, 
  1.21  within 15 days after receipt of the notice by the vulnerable 
  1.22  adult or the vulnerable adult's legal guardian.  The vulnerable 
  1.23  adult, or an interested person acting on behalf of the 
  1.24  vulnerable adult, may also proceed directly to a review by the 
  1.25  board on aging under paragraph (c). 
  2.1      (b) If the lead agency denies the request or fails to act 
  2.2   upon the request within 15 calendar days after receiving the 
  2.3   request for reconsideration, the person or facility entitled to 
  2.4   a fair hearing under section 256.045, may submit to the 
  2.5   commissioner of human services a written request for a hearing 
  2.6   under that statute.  The vulnerable adult, or an interested 
  2.7   person acting on behalf of the vulnerable adult, may request 
  2.8   review by the board on aging under paragraph (c).  
  2.9      (c) The vulnerable adult, or an interested person acting on 
  2.10  behalf of the vulnerable adult, may request that the board on 
  2.11  aging review a final disposition regarding an allegation of 
  2.12  maltreatment of the vulnerable adult.  The request must be 
  2.13  submitted in writing to the board and a copy sent to the lead 
  2.14  agency within 30 calendar days of receipt of notice of the final 
  2.15  disposition or within 30 days of denial of a request for 
  2.16  reconsideration, if made, whichever is later.  The board shall 
  2.17  review the request and the investigation memorandum and may 
  2.18  review any other data on the investigation maintained by the 
  2.19  lead agency that are pertinent and necessary to its review of 
  2.20  the final disposition.  Within 60 days of receipt of a request 
  2.21  under this paragraph, the board shall notify the lead agency and 
  2.22  the vulnerable adult or interested person who requested the 
  2.23  review as to whether the board agrees with the final disposition 
  2.24  or whether the lead agency must reconsider the final 
  2.25  disposition.  If the board determines that the lead agency must 
  2.26  reconsider the final disposition, within 30 days the lead agency 
  2.27  shall conduct a review and report back to the board with its 
  2.28  determination and the specific rationale for its final 
  2.29  disposition.  
  2.30     (d) By January 15 of each year, the board on aging shall 
  2.31  submit a report to the committees of the legislature with 
  2.32  jurisdiction over this section regarding the number of requests 
  2.33  for review it receives under paragraph (c), the number of cases 
  2.34  where the board requires the lead agency to reconsider its final 
  2.35  disposition, and the number of cases where the final disposition 
  2.36  is changed.  
  3.1      (e) If, as a result of the a reconsideration or review 
  3.2   under this subdivision, the lead agency changes the final 
  3.3   disposition, it shall notify the parties specified in 
  3.4   subdivision 9c, paragraph (d). 
  3.5      (f) For purposes of this subdivision, "interested person 
  3.6   acting on behalf of the vulnerable adult" means a person 
  3.7   designated orally or in writing by the vulnerable adult to act 
  3.8   on behalf of the vulnerable adult, or a legal guardian or 
  3.9   conservator, proxy, or health care agent appointed under chapter 
  3.10  145B or 145C, spouse, parent, adult child or sibling, or other 
  3.11  next of kin of the vulnerable adult. 
  3.12     Sec. 2.  Minnesota Statutes 1998, section 626.557, 
  3.13  subdivision 12b, is amended to read: 
  3.14     Subd. 12b.  [DATA MANAGEMENT.] (a)  [COUNTY DATA.] In 
  3.15  performing any of the duties of this section as a lead agency, 
  3.16  the county social service agency shall maintain appropriate 
  3.17  records.  Data collected by the county social service agency 
  3.18  under this section are welfare data under section 13.46.  
  3.19  Notwithstanding section 13.46, subdivision 1, paragraph (a), 
  3.20  data under this paragraph that are inactive investigative data 
  3.21  on an individual who is a vendor of services are private data on 
  3.22  individuals, as defined in section 13.02.  The identity of the 
  3.23  reporter may only be disclosed as provided in paragraph (c). 
  3.24     Data maintained by the common entry point are confidential 
  3.25  data on individuals or protected nonpublic data as defined in 
  3.26  section 13.02.  Notwithstanding section 138.163, the common 
  3.27  entry point shall destroy data three calendar years after date 
  3.28  of receipt. 
  3.29     (b)  [LEAD AGENCY DATA.] The commissioners of health and 
  3.30  human services shall prepare an investigation memorandum for 
  3.31  each report alleging maltreatment investigated under this 
  3.32  section.  During an investigation by the commissioner of health 
  3.33  or the commissioner of human services, data collected under this 
  3.34  section are confidential data on individuals or protected 
  3.35  nonpublic data as defined in section 13.02.  Upon completion of 
  3.36  the investigation, the data are classified as provided in 
  4.1   clauses (1) to (3) and paragraph (c). 
  4.2      (1) The investigation memorandum must contain the following 
  4.3   data, which are public: 
  4.4      (i) the name of the facility investigated; 
  4.5      (ii) a statement of the nature of the alleged maltreatment; 
  4.6      (iii) pertinent information obtained from medical or other 
  4.7   records reviewed; 
  4.8      (iv) the identity of the investigator; 
  4.9      (v) a summary of the investigation's findings; 
  4.10     (vi) statement of whether the report was found to be 
  4.11  substantiated, inconclusive, false, or that no determination 
  4.12  will be made; 
  4.13     (vii) a statement of any action taken by the facility; 
  4.14     (viii) a statement of any action taken by the lead agency; 
  4.15  and 
  4.16     (ix) when a lead agency's determination has substantiated 
  4.17  maltreatment, a statement of whether an individual, individuals, 
  4.18  or a facility were responsible for the substantiated 
  4.19  maltreatment, if known. 
  4.20     The investigation memorandum must be written in a manner 
  4.21  which protects the identity of the reporter and of the 
  4.22  vulnerable adult and may not contain the names or, to the extent 
  4.23  possible, data on individuals or private data listed in clause 
  4.24  (2). 
  4.25     (2) Data on individuals collected and maintained in the 
  4.26  investigation memorandum are private data, including: 
  4.27     (i) the name of the vulnerable adult; 
  4.28     (ii) the identity of the individual alleged to be the 
  4.29  perpetrator; 
  4.30     (iii) the identity of the individual substantiated as the 
  4.31  perpetrator; and 
  4.32     (iv) the identity of all individuals interviewed as part of 
  4.33  the investigation. 
  4.34     (3) Other data on individuals maintained as part of an 
  4.35  investigation under this section are private data on individuals 
  4.36  upon completion of the investigation. 
  5.1      (c)  [IDENTITY OF REPORTER.] The subject of the report may 
  5.2   compel disclosure of the name of the reporter only with the 
  5.3   consent of the reporter or upon a written finding by a court 
  5.4   that the report was false and there is evidence that the report 
  5.5   was made in bad faith.  This subdivision does not alter 
  5.6   disclosure responsibilities or obligations under the rules of 
  5.7   criminal procedure, except that where the identity of the 
  5.8   reporter is relevant to a criminal prosecution, the district 
  5.9   court shall do an in-camera review prior to determining whether 
  5.10  to order disclosure of the identity of the reporter. 
  5.11     (d)  [DESTRUCTION OF DATA.] Notwithstanding section 
  5.12  138.163, data maintained under this section by the commissioners 
  5.13  of health and human services must be destroyed under the 
  5.14  following schedule: 
  5.15     (1) data from reports determined to be false, two years 
  5.16  after the finding was made; 
  5.17     (2) data from reports determined to be inconclusive, four 
  5.18  years after the finding was made; 
  5.19     (3) data from reports determined to be substantiated, seven 
  5.20  years after the finding was made; and 
  5.21     (4) data from reports which were not investigated by a lead 
  5.22  agency and for which there is no final disposition, two years 
  5.23  from the date of the report. 
  5.24     (e)  [SUMMARY OF REPORTS.] The commissioners of health and 
  5.25  human services shall each annually prepare a summary of the 
  5.26  number and type of reports of alleged maltreatment involving 
  5.27  licensed facilities reported under this section. 
  5.28     (f)  [RECORD RETENTION POLICY.] Each lead agency must have 
  5.29  a record retention policy. 
  5.30     (g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
  5.31  authorities, and law enforcement agencies may exchange not 
  5.32  public data, as defined in section 13.02, if the agency or 
  5.33  authority requesting the data determines that the data are 
  5.34  pertinent and necessary to the requesting agency in initiating, 
  5.35  furthering, or completing an investigation under this section.  
  5.36  Data collected under this section must be made available to 
  6.1   prosecuting authorities and law enforcement officials, local 
  6.2   county agencies, and licensing agencies investigating the 
  6.3   alleged maltreatment under this section.  The lead agency shall 
  6.4   exchange not public data with the board on aging if the data are 
  6.5   pertinent and necessary for a review under subdivision 9d, 
  6.6   paragraph (c).  Upon completion of the review, not public data 
  6.7   received by the board must be returned to the lead agency.  
  6.8      (h)  [COMPLETION TIME.] Each lead agency shall keep records 
  6.9   of the length of time it takes to complete its investigations. 
  6.10     (i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 
  6.11  agency may notify other affected parties and their authorized 
  6.12  representative if the agency has reason to believe maltreatment 
  6.13  has occurred and determines the information will safeguard the 
  6.14  well-being of the affected parties or dispel widespread rumor or 
  6.15  unrest in the affected facility. 
  6.16     (j)  [FEDERAL REQUIREMENTS.] Under any notification 
  6.17  provision of this section, where federal law specifically 
  6.18  prohibits the disclosure of patient identifying information, a 
  6.19  lead agency may not provide any notice unless the vulnerable 
  6.20  adult has consented to disclosure in a manner which conforms to 
  6.21  federal requirements.