Minnesota Legislature
SF 3178
as introduced - 92nd Legislature (2021 - 2022) Posted on 06/27/2022 08:24am
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13
3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22
3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10
4.11 4.12 4.13 4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25
5.26 5.27 5.28
5.29
6.1 6.2
6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2
13.3 13.4 13.5 13.6 13.7 13.8
13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20
13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28
13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3
15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17
15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10
19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8
27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9
28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12
30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21
32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7
49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21
49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7
50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16
52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2
53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13
53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13
55.14 55.15
55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29
56.30 56.31 56.32
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29
57.30 57.31 57.32
58.1 58.2 58.3 58.4 58.5
58.6 58.7 58.8
58.9 58.10 58.11 58.12 58.13
58.14 58.15 58.16
58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 59.1 59.2 59.3
59.4 59.5 59.6
59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18
59.19 59.20 59.21
59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30
59.31 59.32 59.33
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9
63.10 63.11 63.12
63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11
67.12
67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 68.1 68.2
68.3
68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12
69.13 69.14 69.15
69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3
71.4 71.5 71.6
71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27
72.28 72.29 72.30
73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8
75.9 75.10 75.11
75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12
78.13 78.14 78.15
78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18
80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19
81.20 81.21 81.22
81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32
83.33 83.34 84.1 84.2 84.3 84.4
84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21
85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21
87.22 87.23 87.24
87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9
93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29
93.30 93.31 93.32
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21
95.22 95.23 95.24
95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32
98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14
100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31
101.1 101.2 101.3 101.4
101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22
101.23 101.24 101.25
101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2
102.3
102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4
103.5 103.6 103.7 103.8
103.9 103.10 103.11 103.12
103.13 103.14
103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 104.1 104.2 104.3 104.4
104.5 104.6 104.7 104.8 104.9 104.10
104.11
104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12
106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26
109.27
109.28 109.29 109.30 109.31 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 112.1 112.2 112.3 112.4
112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 115.1 115.2 115.3
115.4
115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14
115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18
116.19
116.20 116.21 116.22 116.23 116.24
116.25 116.26
116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5
118.6
118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15
119.16
119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10
121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2
124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26
126.27
127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17
128.18
128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10
130.11
130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19
131.20
131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 132.1 132.2 132.3
132.4
132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10
133.11
133.12 133.13 133.14 133.15
133.16
133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11
134.12
134.13 134.14 134.15 134.16 134.17 134.18
134.19
134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8
135.9
135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8
136.9
136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24
137.25
137.26 137.27 137.28 137.29 137.30 137.31 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13
138.14
138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26
138.27
138.28 138.29 138.30 139.1 139.2 139.3 139.4 139.5
139.6
139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14
140.15
140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8
141.9
141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31
142.1
142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10
142.11
142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31
143.1
143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12
143.13
143.14 143.15 143.16 143.17
143.18
143.19 143.20
143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2
144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27
145.28 145.29 145.30 145.31 145.32 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11
148.12 148.13 148.14
A bill for an act
relating to the operation of state government; modifying human services provisions
in continuing care for older adults, children and family services, community
supports, health care, program operations, and direct care and treatment; amending
Minnesota Statutes 2020, sections 62J.2930, subdivision 3; 245A.02, subdivision
5a; 245A.04, subdivision 4; 245A.07, subdivisions 2a, 3; 245A.14, subdivision
14; 245A.1435; 245A.1443; 245A.146, subdivision 3; 245D.12; 245F.15,
subdivision 1; 245F.16, subdivision 1; 245G.01, subdivisions 4, 17; 245G.06,
subdivision 3, by adding subdivisions; 245G.08, subdivision 5; 245G.09,
subdivision 3; 245G.11, subdivisions 1, 10; 245G.13, subdivision 1; 245G.20;
245G.22, subdivision 7; 245H.05; 246.131; 253B.18, subdivision 6; 256.01, by
adding a subdivision; 256B.055, subdivision 2; 256B.056, subdivisions 3c, 11;
256B.0595, subdivision 1; 256B.0659, subdivision 19; 256B.77, subdivision 13;
256K.26, subdivisions 6, 7; 256P.04, subdivision 11; 256Q.06, by adding a
subdivision; 260.012; 260C.007, by adding a subdivision; 260C.151, subdivision
6; 260C.152, subdivision 5; 260C.175, subdivision 2; 260C.176, subdivision 2;
260C.178, subdivision 1; 260C.181, subdivision 2; 260C.193, subdivision 3;
260C.201, subdivisions 1, 2; 260C.202; 260C.203; 260C.204; 260C.221; 260C.607,
subdivisions 2, 5; 260C.613, subdivisions 1, 5; 268.19, subdivision 1; 501C.1206;
Minnesota Statutes 2021 Supplement, sections 62A.673, subdivision 2; 148F.11,
subdivision 1; 245.467, subdivisions 2, 3; 245.4871, subdivision 21; 245.4876,
subdivisions 2, 3; 245.735, subdivision 3; 245A.03, subdivision 7; 245A.14,
subdivision 4; 245I.04, subdivision 4; 245I.05, subdivision 3; 245I.10, subdivisions
2, 6; 254B.05, subdivision 5; 256B.0622, subdivision 2; 256B.0625, subdivision
3b; 256B.0671, subdivision 6; 256B.0911, subdivision 3a; 256B.0946, subdivision
1; 256B.0947, subdivision 6; 256B.0949, subdivisions 2, 13; 256P.01, subdivision
6a; 256P.06, subdivision 3; 260C.212, subdivisions 1, 2; 260C.605, subdivision
1; 260C.607, subdivision 6; Laws 2009, chapter 79, article 13, section 3, subdivision
10, as amended; Laws 2020, First Special Session chapter 7, section 1, subdivision
1, as amended; proposing coding for new law in Minnesota Statutes, chapters
245A; 256B; repealing Minnesota Statutes 2020, sections 245F.15, subdivision 2;
245G.11, subdivision 2; 246.0136; 252.025, subdivision 7; 252.035; 254A.04;
254B.14, subdivisions 1, 2, 3, 4, 6; 256B.057, subdivision 7; 256B.69, subdivision
20; Minnesota Statutes 2021 Supplement, section 254B.14, subdivision 5;
Minnesota Rules, parts 2960.0460, subpart 2; 9530.6565, subpart 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CONTINUING CARE FOR OLDER ADULTS
Section 1.
Minnesota Statutes 2020, section 245A.14, subdivision 14, is amended to read:
Subd. 14.
Attendance records for publicly funded services.
(a) A child care center
licensed under this chapter and according to Minnesota Rules, chapter 9503, must maintain
documentation of actual attendance for each child receiving care for which the license holder
is reimbursed by a governmental program. The records must be accessible to the
commissioner during the program's hours of operation, they must be completed on the actual
day of attendance, and they must include:
(1) the first and last name of the child;
(2) the time of day that the child was dropped off; and
(3) the time of day that the child was picked up.
(b) A family child care provider licensed under this chapter and according to Minnesota
Rules, chapter 9502, must maintain documentation of actual attendance for each child
receiving care for which the license holder is reimbursed for the care of that child by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, they must be completed on the actual day of attendance, and
they must include:
(1) the first and last name of the child;
(2) the time of day that the child was dropped off; and
(3) the time of day that the child was picked up.
(c) An adult day services program licensed under this chapter and according to Minnesota
Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual attendance
for each adult day service recipient for which the license holder is reimbursed by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, they must be completed on the actual day of attendance, and
they must include:
(1) the first, middle, and last name of the recipient;
(2) the time of day that the recipient was dropped off; and
(3) the time of day that the recipient was picked up.
(d) deleted text begin The commissioner shall not issue a correction for attendance record errors that occur
before August 1, 2013.deleted text end new text begin Adult day services programs licensed under this chapter that are
designated for remote adult day services must maintain documentation of actual participation
for each adult day service recipient for whom the license holder is reimbursed by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, be completed on the actual day service is provided, and include
the:
new text end
new text begin
(1) first, middle, and last name of the recipient;
new text end
new text begin
(2) time of day the remote services started;
new text end
new text begin
(3) time of day that the remote services ended; and
new text end
new text begin
(4) means by which the remote services were provided, through audio remote services
or through video remote services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 2.
new text begin
[245A.70] REMOTE ADULT DAY SERVICES.
new text end
new text begin
(a) For the purposes of sections 245A.70 to 245A.75, the following terms have the
meanings given.
new text end
new text begin
(b) "Adult day care" and "adult day services" have the meanings given in section 245A.02,
subdivision 2a.
new text end
new text begin
(c) "Remote adult day services" means an individualized and coordinated set of services
provided via live two-way communication by an adult day care or adult day services center.
new text end
new text begin
(d) "Live two-way communication" means real-time audio or video transmission of
information between a participant and an actively involved staff member.
new text end
Sec. 3.
new text begin
[245A.71] APPLICABILITY AND SCOPE.
new text end
new text begin Subdivision 1. new text end
new text begin Licensing requirements. new text end
new text begin
Adult day care centers or adult day services
centers that provide remote adult day services must be licensed under this chapter and
comply with the requirements in this section.
new text end
new text begin Subd. 2. new text end
new text begin Standards for licensure. new text end
new text begin
License holders seeking to provide remote adult day
services must submit a request in the manner prescribed by the commissioner. Remote adult
day services must not be delivered until approved by the commissioner. The designation to
provide remote services is voluntary for license holders. Upon approval, the designation of
approval for remote adult day services shall be printed on the center's license, and identified
on the commissioner's public website.
new text end
new text begin Subd. 3. new text end
new text begin Federal requirements. new text end
new text begin
Adult day care centers or adult day services centers
that provide remote adult day services to participants receiving alternative care under section
256B.0913, essential community supports under section 256B.0922, or home and
community-based services waivers under chapter 256S or section 256B.092 or 256B.49
must comply with federally approved waiver plans.
new text end
new text begin Subd. 4. new text end
new text begin Service limitations. new text end
new text begin
Remote adult day services must be provided during the
days and hours of in-person services specified on the license of the adult day care center or
family adult day services center.
new text end
Sec. 4.
new text begin
[245A.72] RECORD REQUIREMENTS.
new text end
new text begin
Adult day centers and adult day services centers providing remote adult day services
must comply with participant record requirements set forth in Minnesota Rules, part
9555.9660. The center must document how remote services will help a participant reach
the short- and long-term objectives in the participant's plan of care.
new text end
Sec. 5.
new text begin
[245A.73] REMOTE ADULT DAY SERVICES STAFF.
new text end
new text begin Subdivision 1. new text end
new text begin Staff ratios. new text end
new text begin
(a) A staff person who provides remote adult day services
without two-way interactive video must only provide services to one participant at a time.
new text end
new text begin
(b) A staff person who provides remote adult day services through two-way interactive
video must not provide services to more than eight participants at one time.
new text end
new text begin Subd. 2. new text end
new text begin Staff training. new text end
new text begin
A center licensed under section 245A.71 must document training
provided to each staff person regarding the provision of remote services in the staff person's
record. The training must be provided prior to a staff person delivering remote adult day
services without supervision. The training must include:
new text end
new text begin
(1) how to use the equipment, technology, and devices required to provide remote adult
day services via live two-way communication;
new text end
new text begin
(2) orientation and training on each participant's plan of care as directly related to remote
adult day services; and
new text end
new text begin
(3) direct observation by a manager or supervisor of the staff person while providing
supervised remote service delivery sufficient to assess staff competency.
new text end
Sec. 6.
new text begin
[245A.74] INDIVIDUAL SERVICE PLANNING.
new text end
new text begin Subdivision 1. new text end
new text begin Eligibility. new text end
new text begin
(a) A person must be eligible for and receiving in-person
adult day services to receive remote adult day services from the same provider. The same
provider must deliver both in-person adult day services and remote adult day services to a
participant.
new text end
new text begin
(b) The license holder must update the participant's plan of care according to Minnesota
Rules, part 9555.9700.
new text end
new text begin
(c) For a participant who chooses to receive remote adult day services, the license holder
must document in the plan of care the participant's proposed schedule and frequency for
the participant receiving both in-person and remote services. The license holder must also
document in the participant's plan of care that remote services:
new text end
new text begin
(1) are chosen as a service delivery method by the participant or legal representative;
new text end
new text begin
(2) meet the participant's assessed needs;
new text end
new text begin
(3) are provided within the scope of adult day services; and
new text end
new text begin
(4) help the participant achieve identified short and long-term objectives specific to the
provision of remote adult day services.
new text end
new text begin Subd. 2. new text end
new text begin Participant daily service limitations. new text end
new text begin
In a 24-hour period, a participant may
receive:
new text end
new text begin
(1) a combination of in-person adult day services and remote adult day services on the
same day but not at the same time;
new text end
new text begin
(2) a combination of in-person and remote adult day services that does not exceed 12
hours in total; and
new text end
new text begin
(3) up to six hours of remote adult day service.
new text end
new text begin Subd. 3. new text end
new text begin Minimum in-person requirement. new text end
new text begin
A participant who receives remote services
must receive services in-person as assigned in the participant's plan of care at least quarterly.
new text end
Sec. 7.
new text begin
[245A.75] SERVICE AND PROGRAM REQUIREMENTS.
new text end
new text begin
Remote adult day services must be in the scope of adult day services provided in
Minnesota Rules, part 9555.9710, subparts 3 to 7.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
ARTICLE 2
CHILDREN AND FAMILY SERVICES
Section 1.
Minnesota Statutes 2020, section 256P.04, subdivision 11, is amended to read:
Subd. 11.
Participant's completion of household report form.
(a) When a participant
is required to complete a household report form, the following paragraphs apply.
(b) If the agency receives an incomplete household report form, the agency must
immediately deleted text begin return the incomplete form and clearly state what the participant must do for
the form to be completedeleted text end new text begin contact the participant by phone or in writing to acquire the necessary
information to complete the formnew text end .
(c) The automated eligibility system must send a notice of proposed termination of
assistance to the participant if a complete household report form is not received by the
agency. The automated notice must be mailed to the participant by approximately the 16th
of the month. When a participant submits an incomplete form on or after the date a notice
of proposed termination has been sent, the termination is valid unless the participant submits
a complete form before the end of the month.
(d) The submission of a household report form is considered to have continued the
participant's application for assistance if a complete household report form is received within
a calendar month after the month in which the form was due. Assistance shall be paid for
the period beginning with the first day of that calendar month.
(e) An agency must allow good cause exemptions for a participant required to complete
a household report form when any of the following factors cause a participant to fail to
submit a completed household report form before the end of the month in which the form
is due:
(1) an employer delays completion of employment verification;
(2) the agency does not help a participant complete the household report form when the
participant asks for help;
(3) a participant does not receive a household report form due to a mistake on the part
of the department or the agency or a reported change in address;
(4) a participant is ill or physically or mentally incapacitated; or
(5) some other circumstance occurs that a participant could not avoid with reasonable
care which prevents the participant from providing a completed household report form
before the end of the month in which the form is due.
Sec. 2.
Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended
to read:
Subd. 3.
Income inclusions.
The following must be included in determining the income
of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings;
(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:
(A) 18 years of age and enrolled in a secondary school; or
(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
(viii) retirement, survivors, and disability insurance payments;
(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;
(x) retirement benefits;
(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I,
and 256J;
(xii) Tribal per capita payments unless excluded by federal and state law;
deleted text begin
(xiii) income and payments from service and rehabilitation programs that meet or exceed
the state's minimum wage rate;
deleted text end
deleted text begin (xiv)deleted text end new text begin (xiii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;
deleted text begin (xv)deleted text end new text begin (xiv)new text end all child support payments for programs under chapters 119B, 256D, and 256I;
deleted text begin (xvi)deleted text end new text begin (xv)new text end the amount of child support received that exceeds $100 for assistance units
with one child and $200 for assistance units with two or more children for programs under
chapter 256J;
deleted text begin (xvii)deleted text end new text begin (xvi)new text end spousal support; and
deleted text begin (xviii)deleted text end new text begin (xvii)new text end workers' compensation.
Sec. 3.
Minnesota Statutes 2020, section 260.012, is amended to read:
260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.
(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
servicesnew text begin and actionsnew text end , by the social services agency are made to prevent placement or to
eliminate the need for removal and to reunite the child with the child's family at the earliest
possible time, and the court must ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for the child as provided in
paragraph (e). In determining reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;
(2) the parental rights of the parent to another child have been terminated involuntarily;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);
(4) the parent's custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d),
clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;
(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable under the circumstances.
(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.505, or a termination of parental rights
petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under
sections 260C.503 to 260C.521 must be held within 30 days of this determination.
(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In
cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, the responsible social services agency must provide active efforts as required under
United States Code, title 25, section 1911(d).
(d) "Reasonable efforts to prevent placement" means:
(1) the agency has made reasonable efforts to prevent the placement of the child in foster
care by working with the family to develop and implement a safety plannew text begin that is individualized
to the needs of the child and the child's family and may include support persons from the
child's extended family, kin network, and communitynew text end ; or
(2) new text begin the agency has demonstrated to the court that, new text end given the particular circumstances of
the child and family at the time of the child's removal, there are no services or efforts
available deleted text begin whichdeleted text end new text begin thatnew text end could allow the child to safely remain in the home.
(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence
by the responsible social services agency to:
(1) reunify the child with the parent or guardian from whom the child was removed;
(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.219;
(3) conduct a relative search to identify and provide notice to adult relativesnew text begin , and engage
relatives in case planning and permanency planning,new text end as required under section 260C.221;
new text begin
(4) consider placing the child with relatives and important friends in the order specified
in section 260C.212, subdivision 2, paragraph (a);
new text end
deleted text begin (4)deleted text end new text begin (5)new text end place siblings removed from their home in the same home for foster care or
adoption, or transfer permanent legal and physical custody to a relative. Visitation between
siblings who are not in the same foster care, adoption, or custodial placement or facility
shall be consistent with section 260C.212, subdivision 2; and
deleted text begin (5)deleted text end new text begin (6)new text end when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the child,
and considers permanent alternative homes for the child inside or outside of the state,
preferably new text begin with a relative or important friend in the order specified in section 260C.212,
subdivision 2, paragraph (a), new text end through adoption or transfer of permanent legal and physical
custody of the child.
(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
new text begin individualized new text end needs of the child and the child's family. Services may include those provided
by the responsible social services agency and other culturally appropriate services available
in the community. new text begin The responsible social services agency must select services for a child
and the child's family by collaborating with the child's family and, if appropriate, the child.
new text end At each stage of the proceedings deleted text begin wheredeleted text end new text begin whennew text end the court is required to review the
appropriateness of the responsible social services agency's reasonable efforts as described
in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating
that:
(1) deleted text begin itdeleted text end new text begin the agency new text end has made reasonable efforts to prevent placement of the child in foster
carenew text begin , including that the agency considered or established a safety plan according to paragraph
(d), clause (1)new text end ;
(2) deleted text begin itdeleted text end new text begin the agencynew text end has made reasonable efforts to eliminate the need for removal of the
child from the child's home and to reunify the child with the child's family at the earliest
possible time;
new text begin
(3) the agency has made reasonable efforts to finalize a permanent plan for the child
pursuant to paragraph (e);
new text end
deleted text begin (3) itdeleted text end new text begin (4) the agency new text end has made reasonable efforts to finalize an alternative permanent
home for the child, and deleted text begin considersdeleted text end new text begin considerednew text end permanent alternative homes for the child
deleted text begin inside or outsidedeleted text end new text begin in or outnew text end of the statenew text begin , preferably with a relative or important friend in the
order specified in section 260C.212, subdivision 2, paragraph (a)new text end ; or
deleted text begin (4)deleted text end new text begin (5)new text end reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or factsnew text begin thatnew text end the agency believes demonstrate new text begin that new text end there is no need for
reasonable efforts to reunify the parent and child, or through testimony or a certified report
required under juvenile court rules.
(g) Once the court determines that reasonable efforts for reunification are not required
because the court has made one of the prima facie determinations under paragraph (a), the
court may only require new text begin the agency to make new text end reasonable efforts for reunification after a hearing
according to section 260C.163, deleted text begin wheredeleted text end new text begin ifnew text end the court findsnew text begin thatnew text end there is not clear and convincing
evidence of the facts upon which the court based deleted text begin itsdeleted text end new text begin the court'snew text end prima facie determination.
deleted text begin In this case whendeleted text end new text begin Ifnew text end there is clear and convincing evidence that the child is in need of
protection or services, the court may find the child in need of protection or services and
order any of the dispositions available under section 260C.201, subdivision 1. Reunification
of a child with a parent is not required if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
(4) committing sexual abuse as defined in section 260E.03, against the child or another
child of the parent; or
(5) an offense that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b).
(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201,
260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable
efforts have been madenew text begin by the agencynew text end , the court shall consider whether services to the child
and family were:
new text begin
(1) selected in collaboration with the child's family and, if appropriate, the child;
new text end
new text begin
(2) tailored to the individualized needs of the child and child's family;
new text end
deleted text begin (1)deleted text end new text begin (3)new text end relevant to the safety deleted text begin anddeleted text end new text begin ,new text end protectionnew text begin , and well-beingnew text end of the child;
deleted text begin (2)deleted text end new text begin (4)new text end adequate to meet the new text begin individualized new text end needs of the child and family;
deleted text begin (3)deleted text end new text begin (5)new text end culturally appropriate;
deleted text begin (4)deleted text end new text begin (6)new text end available and accessible;
deleted text begin (5)deleted text end new text begin (7)new text end consistent and timely; and
deleted text begin (6)deleted text end new text begin (8)new text end realistic under the circumstances.
In the alternative, the court may determine that new text begin the new text end provision of services or further services
for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances
or that reasonable efforts are not required as provided in paragraph (a).
(i) This section does not prevent out-of-home placement for new text begin the new text end treatment of a child with
a mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or new text begin the child's new text end individual treatment plan indicates that appropriate and
necessary treatment cannot be effectively provided outside of a residential or inpatient
treatment program and the level or intensity of supervision and treatment cannot be
effectively and safely provided in the child's home or community and it is determined that
a residential treatment setting is the least restrictive setting that is appropriate to the needs
of the child.
(j) If continuation of reasonable efforts to prevent placement or reunify the child with
the parent or guardian from whom the child was removed is determined by the court to be
inconsistent with the permanent plan for the child or upon the court making one of the prima
facie determinations under paragraph (a), reasonable efforts must be made to place the child
in a timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.
(k) Reasonable efforts to place a child for adoption or in another permanent placement
may be made concurrently with reasonable efforts to prevent placement or to reunify the
child with the parent or guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable efforts for both reunification
and permanent placement away from the parent under paragraph (a), the agency shall disclose
deleted text begin itsdeleted text end new text begin the agency'snew text end decision and both plans for concurrent reasonable efforts to all parties and
the court. When the agency discloses deleted text begin itsdeleted text end new text begin the agency'snew text end decision to proceed deleted text begin ondeleted text end new text begin withnew text end both plans
for reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.
Sec. 4.
Minnesota Statutes 2020, section 260C.007, is amended by adding a subdivision
to read:
new text begin Subd. 21b. new text end
new text begin Kin. new text end
new text begin
"Kin" means a person who has a psychological, cultural, or emotional
relationship with a child or a child's family, whose relationship was established prior to the
agency's involvement with the child or the child's family, but who does not have a legal,
biological, or marital connection to the child or the child's family.
new text end
Sec. 5.
Minnesota Statutes 2020, section 260C.151, subdivision 6, is amended to read:
Subd. 6.
Immediate custody.
If the court makes individualized, explicit findings, based
on the notarized petition or sworn affidavit, that there are reasonable grounds to believe
new text begin that new text end the child is in surroundings or conditions deleted text begin whichdeleted text end new text begin thatnew text end endanger the child's health, safety,
or welfare that require that responsibility for the child's care and custody be immediately
assumed by the responsible social services agency and that continuation of the child in the
custody of the parent or guardian is contrary to the child's welfare, the court may order that
the officer serving the summons take the child into immediate custody for placement of the
child in foster carenew text begin , preferably with a relative or important friendnew text end . In ordering that
responsibility for the care, custody, and control of the child be assumed by the responsible
social services agency, the court is ordering emergency protective care as that term is defined
in the juvenile court rules.
Sec. 6.
Minnesota Statutes 2020, section 260C.152, subdivision 5, is amended to read:
Subd. 5.
Notice to foster parents and preadoptive parents and relatives.
The foster
parents, if any, of a child and any preadoptive parent or relative providing care for the child
must be provided notice of and a right to be heard in any review or hearing to be held with
respect to the child. Any other relative may also request, and must be granted, a notice and
the deleted text begin opportunitydeleted text end new text begin rightnew text end to be heard under this section. This subdivision does not require that
a foster parent, preadoptive parent, or relative providing care for the child be made a party
to a review or hearing solely on the basis of the notice and right to be heard.
Sec. 7.
Minnesota Statutes 2020, section 260C.175, subdivision 2, is amended to read:
Subd. 2.
Notice to parent or custodiannew text begin and child; emergency placement with relative
or designated caregivernew text end .
deleted text begin Wheneverdeleted text end new text begin (a) At the time thatnew text end a peace officer takes a child into
custody fornew text begin relative placement ornew text end shelter care deleted text begin or relative placementdeleted text end pursuant to subdivision
1, section 260C.151, subdivision 5, or section 260C.154, the officer shall notify the new text begin child's
new text end parent or custodiannew text begin and the child, if appropriate,new text end that under section 260C.181, subdivision
2, the parent or custodiannew text begin , or the child, if the child is reasonably able to express a preference,new text end
may request deleted text begin thatdeleted text end new text begin to placenew text end the child deleted text begin be placeddeleted text end with a relative or a designated caregiver under
chapter 257A instead of in a shelter care facility.new text begin Immediately following this notification,
the officer shall ask the parent or custodian, or the child, if appropriate, if the parent,
custodian, or child would like to make this request. A peace officer shall make this
notification and inquiry:
new text end
new text begin
(1) at the time that the officer takes the child into custody; and
new text end
new text begin
(2) before placing the child in a shelter facility.
new text end
new text begin
If a parent or custodian is not physically present at the time that a peace officer removes a
child from a residence, the officer shall notify the child's parent or custodian as soon as
possible after the child's placement. The officer shall consider a child's placement request
prior to considering a parent's or custodian's placement request. When considering a parent's,
custodian's, or child's placement request, the child's physical and emotional safety and
well-being shall be the officer's paramount considerations.
new text end
new text begin
(b) If, at the time of notification, the parent or custodian, or child, if appropriate, requests
to place the child with a specific relative or designated caregiver under chapter 257A, the
officer shall obtain the name and physical location of the relative or designated caregiver.
If the peace officer determines that there is a safety risk to the child in the home of the
relative or designated caregiver, the officer shall take the child to the home of a different
relative or designated caregiver, if available. If no placement with a relative or designated
caregiver is available, the police officer shall take the child to a shelter care facility.
new text end
new text begin (c) new text end The officer also shall give the parent or custodian of the child a list of names,
addresses, and telephone numbers of social services agencies that offer child welfare services.
If the parent or custodian was not present when the child was removed from the residence,
the list shall be left with an adult on the premises or left in a conspicuous place on the
premises if no adult is present. If the officer has reason to believe the parent or custodian
is not able to read and understand English, the officer must provide a list that is written in
the language of the parent or custodian. The list shall be prepared by the commissioner of
human services. The commissioner shall prepare lists for each county and provide each
county with copies of the list without charge. The list shall be reviewed annually by the
commissioner and updated if it is no longer accurate. Neither the commissioner nor any
peace officer or the officer's employer shall be liable to any person for mistakes or omissions
in the list. The list does not constitute a promise that any agency listed will deleted text begin in factdeleted text end assist the
parent or custodian.
Sec. 8.
Minnesota Statutes 2020, section 260C.176, subdivision 2, is amended to read:
Subd. 2.
Reasons for detention.
(a) If the child is not released as provided in subdivision
1, the person taking the child into custody shall notify the court as soon as possible of the
detention of the child and the reasons for detention.
(b) No child taken into custody and placed in anew text begin relative's home ornew text end shelter care facility
deleted text begin or relative's homedeleted text end by a peace officer pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), may be held in custody longer than 72 hours, excluding Saturdays,
Sundays and holidays, unless a petition has been filed and the judge or referee determines
pursuant to section 260C.178 that the child shall remain in custody or unless the court has
made a finding of domestic abuse perpetrated by a minor after a hearing under Laws 1997,
chapter 239, article 10, sections 2 to 26, in which case the court may extend the period of
detention for an additional seven days, within which time the social services agency shall
conduct an assessment and shall provide recommendations to the court regarding voluntary
services or file a child in need of protection or services petition.
Sec. 9.
Minnesota Statutes 2020, section 260C.178, subdivision 1, is amended to read:
Subdivision 1.
Hearing and release requirements.
(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the timenew text begin thatnew text end the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continuenew text begin to benew text end in
custody.
(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.
(c) If the court determines new text begin that new text end there is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the childnew text begin :
new text end
new text begin
(1) to be placed in the care of the child's noncustodial parent and order the noncustodial
parent to comply with any conditions that the court determines appropriate to ensure the
safety and care of the child, including requiring the noncustodial parent to cooperate with
paternity establishment proceedings if the noncustodial parent has not been adjudicated the
child's father; or
new text end
new text begin (2)new text end into foster care as defined in section 260C.007, subdivision 18, under the legal
responsibility of the responsible social services agency or responsible probation or corrections
agency for the purposes of protective care as that term is used in the juvenile court rules deleted text begin or
into the home of a noncustodial parent and order the noncustodial parent to comply with
any conditions the court determines to be appropriate to the safety and care of the child,
including cooperating with paternity establishment proceedings in the case of a man who
has not been adjudicated the child's fatherdeleted text end . The court shall not give the responsible social
services legal custody and order a trial home visit at any time prior to adjudication and
disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order
the child returned to the care of the parent or guardian who has custody and from whom the
child was removed and order the parent or guardian to comply with any conditions the court
determines to be appropriate to meet the safety, health, and welfare of the child.
(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.
(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:
(1) that deleted text begin itdeleted text end new text begin the agency new text end has actually provided services or made efforts in an attempt to
prevent the child's removal but that such services or efforts have not proven sufficient to
permit the child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. new text begin The court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home. new text end When reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered deleted text begin whichdeleted text end new text begin thatnew text end would
permit the child to safely return home, the court shall order the child returned to the care of
the parent or guardian and the services or efforts put in place to ensure the child's safety.
When the court makes a prima facie determination that one of the circumstances under
paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement
and to return the child to the care of the parent or guardian are not required.
new text begin (f) new text end If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.
deleted text begin (f)deleted text end new text begin (g)new text end The court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.
deleted text begin (g)deleted text end new text begin (h)new text end At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;
(2) the parental rights of the parent to another child have been involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);
(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;
(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;
(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.
deleted text begin (h)deleted text end new text begin (i)new text end When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.
deleted text begin (i)deleted text end new text begin (j)new text end If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).
deleted text begin (j)deleted text end new text begin (k)new text end If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sectionsnew text begin 260C.150,new text end 260C.151, 260C.212,
260C.215, new text begin 260C.219, new text end and 260C.221.
deleted text begin (k)deleted text end new text begin (l)new text end If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.
deleted text begin (l)deleted text end new text begin (m)new text end When the court has ordered the child deleted text begin intodeleted text end new text begin to be placed in the care of a noncustodial
parent or in new text end foster care deleted text begin or into the home of a noncustodial parentdeleted text end , the court may order a
chemical dependency evaluation, mental health evaluation, medical examination, and
parenting assessment for the parent as necessary to support the development of a plan for
reunification required under subdivision 7 and section 260C.212, subdivision 1, or the child
protective services plan under section 260E.26, and Minnesota Rules, part 9560.0228.
Sec. 10.
Minnesota Statutes 2020, section 260C.181, subdivision 2, is amended to read:
Subd. 2.
Least restrictive setting.
Notwithstanding the provisions of subdivision 1, if
the child had been taken into custody pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), and is not alleged to be delinquent, the child shall be detained in the
least restrictive setting consistent with the child's health and welfare and in closest proximity
to the child's family as possible. Placement may be with a child's relative, a designated
caregiver under chapter 257A, ornew text begin if no placement is available with a relative or designated
caregiver,new text end in a shelter care facility. The placing officer shall comply with this section and
shall document why a less restrictive setting will or will not be in the best interests of the
child for placement purposes.
Sec. 11.
Minnesota Statutes 2020, section 260C.193, subdivision 3, is amended to read:
Subd. 3.
Best interests of the child.
(a) The policy of the state is to ensure that the best
interests of children in foster care, who experience new text begin a new text end transfer of permanent legal and physical
custody to a relative under section 260C.515, subdivision 4, or adoption under this chapter,
are met bynew text begin :
new text end
new text begin
(1) considering placement of a child with relatives and important friends in the order
specified in section 260C.212, subdivision 2, paragraph (a); and
new text end
new text begin (2)new text end requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected home will serve the needs
of the child.
(b) No later than three months after a child is ordered new text begin to be new text end removed from the care of a
parent in the hearing required under section 260C.202, the court shall review and enter
findings regarding whether the responsible social services agency made:
(1) diligent efforts to identify deleted text begin anddeleted text end new text begin ,new text end search fornew text begin , notify, and engagenew text end relatives as required
under section 260C.221; and
(2) new text begin a placement consistent with section 260C.212, subdivision 2, that is based on new text end an
individualized determination deleted text begin as required under section 260C.212, subdivision 2,deleted text end new text begin of the
child's needs new text end to select a home that meets the needs of the child.
(c) If the court finds new text begin that new text end the agency has not made new text begin diligent new text end efforts as required under
section 260C.221, deleted text begin anddeleted text end new text begin the court shall order the agency to make reasonable efforts. If new text end there
is a relative who qualifies to be licensed to provide family foster care under chapter 245A,
the court may order the child new text begin to be new text end placed with the relative consistent with the child's best
interests.
(d) If the agency's new text begin diligent new text end efforts under section 260C.221 are found new text begin by the court new text end to be
sufficient, the court shall order the agency to continue to appropriately engage relatives who
responded to the notice under section 260C.221 in placement and case planning decisions
and to appropriately engage relatives who subsequently come to the agency's attention.new text begin A
court's finding that the agency has made diligent efforts under this paragraph does not relieve
the agency of the duty to continue searching for relatives and engaging and considering
relatives who respond to the notice under section 260C.221 in child placement and case
planning decisions.
new text end
(e) If the child's birth parent deleted text begin or parentsdeleted text end explicitly deleted text begin requestdeleted text end new text begin requestsnew text end that a new text begin specific new text end relative
or important friend not be considerednew text begin for placement of the childnew text end , the court shall honor that
request if it is consistent with the best interests of the child and consistent with the
requirements of section 260C.221.new text begin The court shall not waive relative search, notice, and
consideration requirements, unless section 260C.139 applies.new text end If the child's birth parent deleted text begin or
parents expressdeleted text end new text begin expressesnew text end a preference for placing the child in a foster or adoptive home of
the same or a similar religious background deleted text begin todeleted text end new text begin asnew text end that of the birth parent or parents, the court
shall order placement of the child with an individual who meets the birth parent's religious
preference.
(f) Placement of a child deleted text begin cannotdeleted text end new text begin must notnew text end be delayed or denied based on race, color, or
national origin of the foster parent or the child.
(g) Whenever possible, siblings requiring foster care placement deleted text begin shoulddeleted text end new text begin shallnew text end be placed
together unless it is determined not to be in the best interests ofnew text begin one or more of thenew text end siblings
after weighing the benefits of separate placement against the benefits of sibling connections
for each sibling. new text begin The agency shall consider section 260C.008 when making this determination.
new text end If siblings were not placed together according to section 260C.212, subdivision 2, paragraph
(d), the responsible social services agency shall report to the court the efforts made to place
the siblings together and why the efforts were not successful. If the court is not satisfied
that the agency has made reasonable efforts to place siblings together, the court must order
the agency to make further reasonable efforts. If siblings are not placed together, the court
shall order the responsible social services agency to implement the plan for visitation among
siblings required as part of the out-of-home placement plan under section 260C.212.
(h) This subdivision does not affect the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.
Sec. 12.
Minnesota Statutes 2020, section 260C.201, subdivision 1, is amended to read:
Subdivision 1.
Dispositions.
(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, deleted text begin itdeleted text end new text begin the courtnew text end shall enter an order making any of
the following dispositions of the case:
(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:
(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;
(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and
(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In making a foster care placement deleted text begin fordeleted text end new text begin ofnew text end a
child whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using thenew text begin
placementnew text end considerationnew text begin ordernew text end for relativesdeleted text begin ,deleted text end new text begin andnew text end the best interest factors in section 260C.212,
subdivision 2deleted text begin , paragraph (b)deleted text end , and may include a child colocated with a parent in a licensed
residential family-based substance use disorder treatment program under section 260C.190;
or
(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:
(i) shall continue to have legal custody of the child, which means new text begin that new text end the agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;
(ii) shall continue to have the ability to access information under section 260C.208;
(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;
(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;
(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and
(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order deleted text begin whichdeleted text end new text begin thatnew text end describes the child's circumstances during the trial
home visit and recommends appropriate orders, if any, for the court to enter to provide for
the child's safety and stability. In the event a trial home visit is terminated by the agency
by removing the child to foster care without prior court order or authorization, the court
shall conduct a hearing within ten days of receiving notice of the termination of the trial
home visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;
(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interests; or
(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.
(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents, guardian, or custodian;
(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;
(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:
(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or
(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;
(5) require the child to participate in a community service project;
(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or
(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.
To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.
(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.
(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.
Sec. 13.
Minnesota Statutes 2020, section 260C.201, subdivision 2, is amended to read:
Subd. 2.
Written findings.
(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:
(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;
(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;
(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using thenew text begin relative and sibling placement
considerations and best interestnew text end factors in section 260C.212, subdivision 2deleted text begin , paragraph (b)deleted text end ,
or the appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;
(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:
(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;
(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1deleted text begin ;deleted text end new text begin . The court's findings must
include a description of the agency's efforts to:
new text end
new text begin
(A) identify and locate the child's noncustodial or nonresident parent;
new text end
new text begin
(B) assess the parent's ability to provide day-to-day care of the child; and
new text end
new text begin
(C) if appropriate, provide services necessary to enable the noncustodial or nonresident
parent to safely provide the child's day-to-day care, including efforts to engage the
noncustodial or nonresident parent in assuming care and responsibility of the child;
new text end
(iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
agency has made diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other relatives, who came
to the attention of the agency after notice under section 260C.221 was sent, in placement
and case planning decisions fulfills the requirement of this item;
(iv) to identify and make a foster care placement new text begin of the child, considering the order in
section 260C.212, subdivision 2, paragraph (a), new text end in the home of an unlicensed relative,
according to the requirements of section 245A.035, a licensed relative, or other licensed
foster care providernew text begin ,new text end who will commit to being the permanent legal parent or custodian for
the child in the event reunification cannot occur, but who will actively support the
reunification plan for the childnew text begin . If the court finds that the agency has not appropriately
considered relatives and important friends for placement of the child, the court shall order
the agency to comply with section 260C.212, subdivision 2, paragraph (a). The court may
order the agency to continue considering relatives and important friends for placement of
the child regardless of the child's current placement settingnew text end ; and
(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and
(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:
(i) whether the child has mental health needs that must be addressed by the case plan;
(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;
(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.
(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.
(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan deleted text begin whichdeleted text end new text begin thatnew text end
is for reunification with the child's parent or guardian and a secondary plan deleted text begin whichdeleted text end new text begin thatnew text end is
for an alternative, legally permanent home for the child in the event reunification cannot
be achieved in a timely manner.
Sec. 14.
Minnesota Statutes 2020, section 260C.202, is amended to read:
260C.202 COURT REVIEW OF FOSTER CARE.
(a) If the court orders a child placed in foster care, the court shall review the out-of-home
placement plan and the child's placement at least every 90 days as required in juvenile court
rules to determine whether continued out-of-home placement is necessary and appropriate
or whether the child should be returned home. This review is not required if the court has
returned the child home, ordered the child permanently placed away from the parent under
sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review
for a child permanently placed away from a parent, including where the child is under
guardianship of the commissioner, shall be governed by section 260C.607. When a child
is placed in a qualified residential treatment program setting as defined in section 260C.007,
subdivision 26d, the responsible social services agency must submit evidence to the court
as specified in section 260C.712.
(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts new text begin to search for and notify relatives new text end pursuant to section 260C.221, and
order that the new text begin agency's new text end efforts new text begin begin immediately, or new text end continuenew text begin ,new text end if the agency has failed to
performnew text begin , or has not adequately performed,new text end the duties under that section. The court must
order the agency to continue to appropriately engage relatives who responded to the notice
under section 260C.221 in placement and case planning decisions and to new text begin consider relatives
for foster care placement unless the court has ruled out a specific relative for foster care
placement. Notwithstanding a court's finding that the agency has made reasonable efforts
to search for and notify relatives under section 260C.221, the court may order the agency
to continue making reasonable efforts to search for, notify, new text end engage deleted text begin otherdeleted text end new text begin , and considernew text end
relatives who came to the agency's attention after new text begin sending the initial new text end notice under section
260C.221 deleted text begin was sentdeleted text end .
(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.
(d) When the court deleted text begin orders transfer ofdeleted text end new text begin transfers thenew text end custodynew text begin of a childnew text end to a responsible
social services agency resulting in foster care or protective supervision with a noncustodial
parent under subdivision 1, the court shall notify the parents of the provisions of sections
260C.204 and 260C.503 to 260C.521, as required under juvenile court rules.
(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.
Sec. 15.
Minnesota Statutes 2020, section 260C.203, is amended to read:
260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.
(a) Unless the court is conducting the reviews required under section 260C.202, there
shall be an administrative review of the out-of-home placement plan of each child placed
in foster care no later than 180 days after the initial placement of the child in foster care
and at least every six months thereafter if the child is not returned to the home of the parent
or parents within that time. The out-of-home placement plan must be monitored and updated
new text begin by the responsible social services agency new text end at each administrative review. The administrative
review shall be conducted by the responsible social services agency using a panel of
appropriate persons at least one of whom is not responsible for the case management of, or
the delivery of services to, either the child or the parents who are the subject of the review.
The administrative review shall be open to participation by the parent or guardian of the
child and the child, as appropriate.
(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan pursuant
to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party
requesting review of the out-of-home placement plan shall give parties to the proceeding
notice of the request to review and update the out-of-home placement plan. A court review
conducted pursuant to section 260C.141, subdivision 2; 260C.193; 260C.201, subdivision
1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the requirement for the review
so long as the other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placementnew text begin , including whether
the placement is consistent with the child's best interests and other placement considerations,
including relative and sibling placement considerations under section 260C.212, subdivision
2new text end ;
(3) the extent of compliance with the out-of-home placement plannew text begin required under section
260C.212, subdivisions 1 and 1a, including services and resources that the agency has
provided to the child and child's parents, services and resources that other agencies and
individuals have provided to the child and child's parents, and whether the out-of-home
placement plan is individualized to the needs of the child and child's parentsnew text end ;
(4) the extent of progress that has been made toward alleviating or mitigating the causes
necessitating placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and
(6) the appropriateness of the services provided to the child.
(d) When a child is age 14 or older:
(1) in addition to any administrative review conducted by the responsible social services
agency, at the in-court review required under section 260C.317, subdivision 3, clause (3),
or 260C.515, subdivision 5 or 6, the court shall review the independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (12), and the provision of
services to the child related to the well-being of the child as the child prepares to leave foster
care. The review shall include the actual plans related to each item in the plan necessary to
the child's future safety and well-being when the child is no longer in foster care; and
(2) consistent with the requirements of the independent living plan, the court shall review
progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the ability
to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which the
child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does not
include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a damage
deposit;
(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
Sec. 16.
Minnesota Statutes 2020, section 260C.204, is amended to read:
260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.
(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:
(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;
(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;
(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and
(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.
(b) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.
(c) The court shall ensure that notice of the hearing is sent to any relative who:
(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or
(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.
(d)(1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:
(i) return the child home, if the conditions deleted text begin whichdeleted text end new text begin thatnew text end led to the out-of-home placement
have been sufficiently mitigated that it is safe and in the child's best interests to return home;
or
(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.
(2) If the court determines that the parent or guardian is not complyingnew text begin , is not making
progress with or engagingnew text end with new text begin services in new text end the out-of-home placement plannew text begin ,new text end or is not
maintaining regular contact with the child as outlined in the visitation plan required as part
of the out-of-home placement plan under section 260C.212, the court may order the
responsible social services agency:
(i) to develop a plan for legally permanent placement of the child away from the parent;
(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parentnew text begin , consistent with section 260C.212, subdivision 2,
paragraph (a),new text end to be the legally permanent home in the event the child cannot be returned
to the parent. Any relative or the child's foster parent may ask the court to order the agency
to consider them for permanent placement of the child in the event the child cannot be
returned to the parent. A relative or foster parent who wants to be considered under this
item shall cooperate with the background study required under section 245C.08, if the
individual has not already done so, and with the home study process required under chapter
245A for providing child foster care and for adoption under section 259.41. The home study
referred to in this item shall be a single-home study in the form required by the commissioner
of human services or similar study required by the individual's state of residence when the
subject of the study is not a resident of Minnesota. The court may order the responsible
social services agency to make a referral under the Interstate Compact on the Placement of
Children when necessary to obtain a home study for an individual who wants to be considered
for transfer of permanent legal and physical custody or adoption of the child; and
(iii) to file a petition to support an order for the legally permanent placement plan.
(e) Following the review under this section:
(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;
(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or
(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.
Sec. 17.
Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 1, is amended
to read:
Subdivision 1.
Out-of-home placement; plan.
(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.
(b) An out-of-home placement plan means a written document deleted text begin whichdeleted text end new text begin individualized to
the needs of the child and the child's parents or guardians thatnew text end is prepared by the responsible
social services agency jointly with deleted text begin the parent or parents or guardian of the childdeleted text end new text begin the child's
parents or guardiansnew text end and in consultation with the child's guardian ad litemdeleted text begin ,deleted text end new text begin ;new text end the child's tribe,
if the child is an Indian childdeleted text begin ,deleted text end new text begin ;new text end the child's foster parent or representative of the foster care
facilitydeleted text begin ,deleted text end new text begin ;new text end and, deleted text begin wheredeleted text end new text begin whennew text end appropriate, the child. When a child is age 14 or older, the child
may include two other individuals on the team preparing the child's out-of-home placement
plan. The child may select one member of the case planning team to be designated as the
child's advisor and to advocate with respect to the application of the reasonable and prudent
parenting standards. The responsible social services agency may reject an individual selected
by the child if the agency has good cause to believe that the individual would not act in the
best interest of the child. For a child in voluntary foster care for treatment under chapter
260D, preparation of the out-of-home placement plan shall additionally include the child's
mental health treatment provider. For a child 18 years of age or older, the responsible social
services agency shall involve the child and the child's parents as appropriate. As appropriate,
the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.
(c) The out-of-home placement plan shall be explained new text begin by the responsible social services
agency new text end to all persons involved in deleted text begin itsdeleted text end new text begin the plan'snew text end implementation, including the child who has
signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how new text begin the agency
considered relatives and important friends for placement; how new text end the out-of-home placement
plan is designed to achieve a safe placement for the child in the least restrictive, most
family-likedeleted text begin ,deleted text end setting available deleted text begin whichdeleted text end new text begin thatnew text end is in close proximity to the home of the deleted text begin parent ordeleted text end new text begin
child'snew text end parents or deleted text begin guardian of the childdeleted text end new text begin guardiansnew text end when the case plan goal is reunificationdeleted text begin ,deleted text end new text begin ;new text end
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents deleted text begin whichdeleted text end new text begin thatnew text end necessitated removal of the child from home and the changes
the parent or parents must make for the child to safely return home;
(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;
(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoptionnew text begin pursuant to section 260C.605new text end . At a minimum, the
documentation must include consideration of whether adoption is in the best interests of
the childdeleted text begin ,deleted text end new text begin andnew text end child-specific recruitment efforts such as new text begin a new text end relative searchnew text begin , consideration of
relatives for adoptive placement,new text end and the use of state, regional, and national adoption
exchanges to facilitate orderly and timely placements in and outside of the state. A copy of
this documentation shall be provided to the court in the review required under section
260C.317, subdivision 3, paragraph (b);
(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;
(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:
(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or
(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;
(9) the educational records of the child including the most recent information available
regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;
(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;
(11) the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;
(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;
(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;
(v) planning for housing;
(vi) social and recreational skills;
(vii) establishing and maintaining connections with the child's family and community;
and
(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;
(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes;
(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child; and
(15) for a child placed in a qualified residential treatment program, the plan must include
the requirements in section 260C.708.
(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.
new text begin (e) new text end After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.
new text begin (f) new text end Upon the child's discharge from foster care, the responsible social services agency
must provide the child's parent, adoptive parent, or permanent legal and physical custodian,
and the child, if the child is 14 years of age or older, with a current copy of the child's health
and education record. If a child meets the conditions in subdivision 15, paragraph (b), the
agency must also provide the child with the child's social and medical history. The responsible
social services agency may give a copy of the child's health and education record and social
and medical history to a child who is younger than 14 years of age, if it is appropriate and
if subdivision 15, paragraph (b), applies.
Sec. 18.
Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 2, is amended
to read:
Subd. 2.
Placement decisions based on best interests of the child.
(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child new text begin in consideration of paragraphs (a) to
(f), new text end and of how the selected placement will serve the new text begin current and future new text end needs of the child
being placed. The authorized child-placing agency shall place a child, released by court
order or by voluntary release by the parent or parents, in a family foster home selected by
considering placement with relativesnew text begin , kin,new text end and important friends in the following order:
(1) with an individual who is related to the child by blood, marriage, or adoption,
including the legal parent, guardian, or custodian of the child's deleted text begin siblingsdeleted text end new text begin siblingnew text end ; deleted text begin or
deleted text end
new text begin
(2) with an individual who meets the definition of kin under section 260C.007, subdivision
21b; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end with an individual who is an important friend with whom the child has resided
or had significant contact.
For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.
(b) Among the factors the agency shall consider in determining the new text begin current and future
new text end needs of the child are the following:
(1) the child's current functioning and behaviors;
(2) the medical needs of the child;
(3) the educational needs of the child;
(4) the developmental needs of the child;
(5) the child's history and past experience;
(6) the child's religious and cultural needs;
(7) the child's connection with a community, school, and faith community;
(8) the child's interests and talents;
(9) the child's deleted text begin relationship to current caretakers,deleted text end new text begin past, present, and future relationships
withnew text end parents, siblings, deleted text begin anddeleted text end relativesnew text begin , and other caretakersnew text end ;
(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and
(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.
new text begin
When placing a child in foster care or in a permanent placement based on an individualized
determination of the child's needs, the agency must not use one factor in this paragraph to
the exclusion of all others, and the agency shall consider that the factors in paragraph (b)
may be interrelated.
new text end
(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.
(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.
(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.
(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan under subdivision 1. The agency may consider additional factors not identified
in paragraph (b). The agency's determination must be documented in the child's case plan
before the child is colocated with a parent.
(g) The agency must establish a juvenile treatment screening team under section 260C.157
to determine whether it is necessary and appropriate to recommend placing a child in a
qualified residential treatment program, as defined in section 260C.007, subdivision 26d.
Sec. 19.
Minnesota Statutes 2020, section 260C.221, is amended to read:
260C.221 RELATIVE SEARCHnew text begin AND ENGAGEMENT; PLACEMENT
CONSIDERATIONnew text end .
new text begin Subdivision 1. new text end
new text begin Relative search requirements. new text end
(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relatives new text begin and current caregivers of
a child's sibling, new text end prior to placement or within 30 days after the child's removal from the
parentnew text begin , regardless of whether a child is placed in a relative's home, as required under
subdivision 2new text end . deleted text begin The county agency shall consider placement with a relative under this section
without delay and whenever the child must move from or be returned to foster care.deleted text end The
relative search required by this section shall be comprehensive in scope. deleted text begin After a finding
that the agency has made reasonable efforts to conduct the relative search under this
paragraph, the agency has the continuing responsibility to appropriately involve relatives,
who have responded to the notice required under this paragraph, in planning for the child
and to continue to consider relatives according to the requirements of section 260C.212,
subdivision 2. At any time during the course of juvenile protection proceedings, the court
may order the agency to reopen its search for relatives when it is in the child's best interest
to do so.
deleted text end
(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in new text begin subdivision 5, new text end paragraph deleted text begin (c)deleted text end new text begin (b)new text end . The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. new text begin The search may also include kin as suggested by the child, the
child's parents, or other family members. new text end The relative search required under this section
must fulfill the agency's duties under the Indian Child Welfare Act regarding active efforts
to prevent the breakup of the Indian family under United States Code, title 25, section
1912(d), and to meet placement preferences under United States Code, title 25, section
1915.
new text begin
(c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).
new text end
new text begin Subd. 2. new text end
new text begin Relative notice requirements. new text end
new text begin (a) The agency may provide oral or written
notice to a child's relatives. In the child's case record, the agency must document providing
the required notice to each of the child's relatives. new text end Thenew text begin responsible social services agency
must notifynew text end relatives deleted text begin must be notifieddeleted text end new text begin , and may notify kinnew text end :
(1) of the need for a foster home for the child, the option to become a placement resource
for the child, new text begin the order of placement that the agency will consider under section 260C.212,
subdivision 2, paragraph (a), new text end and the possibility of the need for a permanent placement for
the child;
(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court forfeits the right to receive notice of the
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204new text begin , until the relative provides a current address to the responsible social
services agency and the courtnew text end . A decision by a relative not to be identified as a potential
permanent placement resource or participate in planning for the child deleted text begin at the beginning of
the casedeleted text end shall not affect whether the relative is considered for placement ofnew text begin , or as a
permanency resource for,new text end the child with that relative deleted text begin laterdeleted text end new text begin at any time in the case, and shall
not be a basis for the court to rule out the relative as the child's placement or permanency
resourcenew text end ;
(3) that the relative may participate in the care and planning for the child, new text begin as specified
in subdivision 3, new text end including that the opportunity for such participation may be lost by failing
to respond to the notice sent under this subdivisiondeleted text begin . "Participate in the care and planning"
includes, but is not limited to, participation in case planning for the parent and child,
identifying the strengths and needs of the parent and child, supervising visits, providing
respite and vacation visits for the child, providing transportation to appointments, suggesting
other relatives who might be able to help support the case plan, and to the extent possible,
helping to maintain the child's familiar and regular activities and contact with friends and
relativesdeleted text end ;
(4) of the family foster care licensing new text begin and adoption home study new text end requirements, including
how to complete an application and how to request a variance from licensing standards that
do not present a safety or health risk to the child in the home under section 245A.04 and
supports that are available for relatives and children who reside in a family foster home;
deleted text begin and
deleted text end
(5) of the relatives' right to ask to be notified of any court proceedings regarding the
child, to attend the hearings, and of a relative's right or opportunity to be heard by the court
as required under section 260C.152, subdivision 5deleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) that regardless of the relative's response to the notice sent under this subdivision, the
agency is required to establish permanency for a child, including planning for alternative
permanency options if the agency's reunification efforts fail or are not required; and
new text end
new text begin
(7) that by responding to the notice, a relative may receive information about participating
in a child's family and permanency team if the child is placed in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d.
new text end
new text begin
(b) The responsible social services agency shall send the notice required under paragraph
(a) to relatives who become known to the responsible social services agency, except for
relatives that the agency does not contact due to safety reasons under subdivision 5, paragraph
(b). The responsible social services agency shall continue to send notice to relatives
notwithstanding a court's finding that the agency has made reasonable efforts to conduct a
relative search. The responsible social services agency shall notify relatives who become
known to the agency after an adoption placement agreement has been fully executed under
section 260C.613, subdivision 1, of their options under section 260C.607, subdivision 6.
new text end
new text begin Subd. 3. new text end
new text begin Relative engagement requirements. new text end
new text begin
(a) A relative who responds to the notice
under subdivision 2 has the right to participate in care and planning for a child. Care and
planning for a child includes but is not limited to:
new text end
new text begin
(1) participating in case planning for the child and child's parent, including identifying
services and resources that meet the individualized needs of the child and child's parent. A
relative's participation in case planning may be in person, via phone call, or by electronic
means, and shall not be limited based on the relative's prior inconsistent or nonexistent
participation;
new text end
new text begin
(2) identifying the strengths and needs of the child and child's parent;
new text end
new text begin
(3) asking the responsible social services agency to consider the relative for placement
of the child according to subdivision 4;
new text end
new text begin
(4) acting as a support person for the child, the child's parents, and the child's current
caregiver;
new text end
new text begin
(5) supervising visits;
new text end
new text begin
(6) providing respite care for the child and having vacation visits with the child;
new text end
new text begin
(7) providing transportation;
new text end
new text begin
(8) suggesting other relatives who may be able to participate in the case plan or that the
agency may consider for placement of the child. The agency shall send a notice to each
relative identified by other relatives according to subdivision 2, paragraph (b), unless a
relative received this notice earlier in the case;
new text end
new text begin
(9) helping to maintain the child's familiar and regular activities and contact with the
child's friends and relatives, including providing supervision of the child at family gatherings
and events; and
new text end
new text begin
(10) participating in the child's family and permanency team if the child is placed in a
qualified residential treatment program as defined in section 260C.007, subdivision 26d.
new text end
new text begin
(b) The responsible social services agency shall make reasonable efforts to contact and
engage relatives who respond to the notice required under this section. Upon a request by
a relative or another party to the proceeding, the court may conduct a review of the agency's
reasonable efforts to contact and engage relatives who respond to the notice. If the court
finds that the agency did not make reasonable efforts to contact and engage relatives who
respond to the notice, the court may order the agency to make reasonable efforts to contact
and engage relatives who respond to the notice in care and planning for the child.
new text end
new text begin Subd. 4. new text end
new text begin Placement considerations. new text end
new text begin
(a) The responsible social services agency shall
consider placing a child with a relative under this section without delay and when the child:
new text end
new text begin
(1) enters foster care;
new text end
new text begin
(2) must be moved from the child's current foster setting;
new text end
new text begin
(3) must be permanently placed away from the child's parent; or
new text end
new text begin
(4) returns to foster care after permanency has been achieved for the child.
new text end
new text begin
(b) The agency shall consider placing a child with relatives and kin:
new text end
new text begin
(1) in the order specified in section 260C.212, subdivision 2, paragraph (a); and
new text end
new text begin
(2) based on the child's best interests using the factors in section 260C.212, subdivision
2.
new text end
new text begin
(c) The agency shall document how the agency considered relatives and kin in the child's
out-of-home placement plan as required under section 260C.212, subdivision 1, paragraph
(c), clause (1).
new text end
new text begin
(d) Any relative who requests to be a placement option for a child in foster care has the
right to be considered for placement of the child according to section 260C.212, subdivision
2, paragraph (a), unless the court finds that placing the child with a specific relative would
endanger the child, sibling, parent, guardian, or any other family member under subdivision
5, paragraph (b).
new text end
new text begin
(e) When adoption is the responsible social services agency's permanency goal for the
child, the agency shall consider adoptive placement of the child with a relative in the order
specified under section 260C.212, subdivision 2, paragraph (a).
new text end
new text begin Subd. 5. new text end
new text begin Data disclosure; court review. new text end
deleted text begin (c)deleted text end new text begin (a)new text end A responsible social services agency
may disclose private data, as defined in section 13.02 and chapter 260E, to relatives of the
child for the purpose of locating and assessing a suitable placement and may use any
reasonable means of identifying and locating relatives including the Internet or other
electronic means of conducting a search. The agency shall disclose data that is necessary
to facilitate possible placement with relatives and to ensure that the relative is informed of
the needs of the child so the relative can participate in planning for the child and be supportive
of services to the child and family.
new text begin (b) new text end If the child's parent refuses to give the responsible social services agency information
sufficient to identify the maternal and paternal relatives of the child, the agency shall ask
the juvenile court to order the parent to provide the necessary informationnew text begin and shall use
other resources to identify the child's maternal and paternal relativesnew text end . If a parent makes an
explicit request that a specific relative not be contacted or considered for placement due to
safety reasonsnew text begin ,new text end including past family or domestic violence, the agency shall bring the parent's
request to the attention of the court to determine whether the parent's request is consistent
with the best interests of the child deleted text begin anddeleted text end new text begin .new text end The agency shall not contact the specific relative
when the juvenile court finds that contacting new text begin or placing the child with new text end the specific relative
would endanger the parent, guardian, child, sibling, or any family member.new text begin A court shall
not waive or relieve the responsible social services agency of reasonable efforts to:
new text end
new text begin
(1) conduct a relative search;
new text end
new text begin
(2) notify relatives;
new text end
new text begin
(3) contact and engage relatives in case planning; and
new text end
new text begin
(4) consider relatives for placement of the child, unless section 260C.139 applies.
new text end
new text begin
(c) Notwithstanding chapter 13, the agency shall disclose data to the court about particular
relatives that the agency has identified, contacted, or considered for the child's placement
for the court to review the agency's due diligence.
new text end
(d) At a regularly scheduled hearing not later than three months after the child's placement
in foster care and as required in deleted text begin sectiondeleted text end new text begin sections 260C.193 andnew text end 260C.202, the agency shall
report to the court:
(1) deleted text begin itsdeleted text end new text begin the agency'snew text end efforts to identify maternal and paternal relatives of the child and to
engage the relatives in providing support for the child and family, and document that the
relatives have been provided the notice required under deleted text begin paragraph (a)deleted text end new text begin subdivision 2new text end ; and
(2) deleted text begin itsdeleted text end new text begin the agency'snew text end decision regarding placing the child with a relative as required under
section 260C.212, subdivision 2deleted text begin , and to askdeleted text end new text begin . If the responsible social services agency decides
that relative placement is not in the child's best interests at the time of the hearing, the agency
shall inform the court of the agency's decision, including:
new text end
new text begin
(i) why the agency decided against relative placement of the child; and
new text end
new text begin (ii) the agency's efforts to engagenew text end relatives deleted text begin to visit or maintain contact with the child in
orderdeleted text end new text begin as required under subdivision 3new text end to support family connections for the childdeleted text begin , when
placement with a relative is not possible or appropriatedeleted text end .
deleted text begin
(e) Notwithstanding chapter
deleted text end
deleted text begin
13
deleted text end
deleted text begin
, the agency shall disclose data about particular relatives
identified, searched for, and contacted for the purposes of the court's review of the agency's
due diligence.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end When the court is satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text begin paragraph (a)deleted text end new text begin subdivision 2new text end , the court may find
that new text begin the agency made new text end reasonable efforts deleted text begin have been madedeleted text end to conduct a relative search to
identify and provide notice to adult relatives as required under section 260.012, paragraph
(e), clause (3). new text begin A finding under this paragraph does not relieve the responsible social services
agency of the ongoing duty to contact, engage, and consider relatives under this section.
The agency has the continuing responsibility to:
new text end
new text begin
(1) involve relatives who respond to the notice in planning for the child; and
new text end
new text begin
(2) continue considering relatives for the child's placement while taking the child's short-
and long-term permanency goals into consideration, according to the requirements of section
260C.212, subdivision 2.
new text end
new text begin
(f) At any time during the course of juvenile protection proceedings, the court may order
the agency to reopen the search for relatives when it is in the child's best interests. The court
may not use a finding made under this paragraph as a basis for the court to rule out any
relative from being a foster care or permanent placement option for the child.
new text end
new text begin (g) new text end If the court is not satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text begin paragraph (a)deleted text end new text begin subdivision 2new text end , the court may order
the agency to continue its search and notice efforts and to report back to the court.
deleted text begin
(g) When the placing agency determines that permanent placement proceedings are
necessary because there is a likelihood that the child will not return to a parent's care, the
agency must send the notice provided in paragraph (h), may ask the court to modify the
duty of the agency to send the notice required in paragraph (h), or may ask the court to
completely relieve the agency of the requirements of paragraph (h). The relative notification
requirements of paragraph (h) do not apply when the child is placed with an appropriate
relative or a foster home that has committed to adopting the child or taking permanent legal
and physical custody of the child and the agency approves of that foster home for permanent
placement of the child. The actions ordered by the court under this section must be consistent
with the best interests, safety, permanency, and welfare of the child.
deleted text end
(h) deleted text begin Unless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (f),deleted text end When the agency determines that it is necessary to prepare for
permanent placement determination proceedings, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to deleted text begin thedeleted text end relativesnew text begin who responded to a
notice under this section sent at any time during the casenew text end , any adult with whom the child is
currently residing, any adult with whom the child has resided for one year or longer in the
past, and any adults who have maintained a relationship or exercised visitation with the
child as identified in the agency case plan. The notice must state that a permanent home is
sought for the child and that the individuals receiving the notice may indicate to the agency
their interest in providing a permanent home. The notice must state that within 30 days of
receipt of the notice an individual receiving the notice must indicate to the agency the
individual's interest in providing a permanent home for the child or that the individual may
lose the opportunity to be considered for a permanent placement.new text begin A relative's failure to
respond or timely respond to the notice is not a basis for ruling out the relative from being
a permanent placement option for the child, nor is it a basis to delay permanency for the
child.
new text end
Sec. 20.
Minnesota Statutes 2021 Supplement, section 260C.605, subdivision 1, is amended
to read:
Subdivision 1.
Requirements.
(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.
(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.
(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.
(d) Reasonable efforts to finalize the adoption of the child include:
new text begin
(1) considering the child's preference for an adoptive family;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end using age-appropriate engagement strategies to plan for adoption with the child;
deleted text begin (2)deleted text end new text begin (3)new text end identifying an appropriate prospective adoptive parent for the child by updating
the child's identified needs using the factors in section 260C.212, subdivision 2;
deleted text begin (3)deleted text end new text begin (4)new text end making an adoptive placement that meets the child's needs by:
(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:
(A) relatives who have kept the agency or the court apprised of their whereabouts deleted text begin and
who have indicated an interest in adopting the childdeleted text end ; or
(B) relatives of the child who are located in an updated search;
(ii) an updated search is required whenever:
(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;
(B) the child is removed from the home of an adopting parent; or
(C) the court determines new text begin that new text end a relative search by the agency is in the best interests of
the child;
(iii) engaging the child's new text begin relatives or current or former new text end foster deleted text begin parent and the child's
relatives identified as an adoptive resource during the search conducted under section
260C.221,deleted text end new text begin parentsnew text end to commit to being the prospective adoptive parent of the childnew text begin , and
considering the child's relatives, kin, and important friends for adoptive placement of the
child in the order specified under section 260C.212, subdivision 2, paragraph (a)new text end ; or
(iv) when there is no identified prospective adoptive parent:
(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;
(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;
(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;
(D) using newspapers and other media to promote the particular child;
(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and
(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;
deleted text begin (4)deleted text end new text begin (5)new text end updating and completing the social and medical history required under sections
260C.212, subdivision 15, and 260C.609;
deleted text begin (5)deleted text end new text begin (6)new text end making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;
deleted text begin (6)deleted text end new text begin (7)new text end giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;
deleted text begin (7)deleted text end new text begin (8)new text end offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter 256N;
deleted text begin (8)deleted text end new text begin (9)new text end certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;
deleted text begin (9)deleted text end new text begin (10)new text end placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and
deleted text begin (10)deleted text end new text begin (11)new text end working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.
Sec. 21.
Minnesota Statutes 2020, section 260C.607, subdivision 2, is amended to read:
Subd. 2.
Notice.
Notice of review hearings shall be given by the court to:
(1) the responsible social services agency;
(2) the child, if the child is age ten and older;
(3) the child's guardian ad litem;
(4) counsel appointed for the child pursuant to section 260C.163, subdivision 3;
(5) relatives of the child who have kept the court informed of their whereabouts as
required in section 260C.221 and who have responded to the agency's notice under section
260C.221, deleted text begin indicating a willingness to provide an adoptive home for the childdeleted text end unless the
relative has been previously ruled out by the court as a suitable deleted text begin foster parent ordeleted text end permanency
resource for the child;
(6) the current foster or adopting parent of the child;
(7) any foster or adopting parents of siblings of the child; and
(8) the Indian child's tribe.
Sec. 22.
Minnesota Statutes 2020, section 260C.607, subdivision 5, is amended to read:
Subd. 5.
Required placement by responsible social services agency.
(a) No petition
for adoption shall be filed for a child under the guardianship of the commissioner unless
the child sought to be adopted has been placed for adoption with the adopting parent by the
responsible social services agencynew text begin as required under section 260C.613, subdivision 1new text end . The
court may order the agency to make an adoptive placement using standards and procedures
under subdivision 6.
(b) Any relative or the child's foster parent who believes the responsible agency has not
reasonably considered the relative's or foster parent's request to be considered for adoptive
placement as required under section 260C.212, subdivision 2, and who wants to be considered
for adoptive placement of the child shall bring a request for consideration to the attention
of the court during a review required under this section. The child's guardian ad litem and
the child may also bring a request for a relative or the child's foster parent to be considered
for adoptive placement. After hearing from the agency, the court may order the agency to
take appropriate action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).
Sec. 23.
Minnesota Statutes 2021 Supplement, section 260C.607, subdivision 6, is amended
to read:
Subd. 6.
Motion and hearing to order adoptive placement.
(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:
(1) hasnew text begin or shows evidence that the relative or the child's foster parent is in the process
of obtainingnew text end an adoption home study under section 259.41 new text begin or 260C.611 new text end approving the
relative or foster parent for adoption and has been a resident of Minnesota for at least six
months before filing the motion; the court may waive the residency requirement for the
moving party if there is a reasonable basis to do so; or
(2) is not a resident of Minnesota, but hasnew text begin or shows evidence that the relative or the
child's foster parent is in the process of obtainingnew text end an approved adoption home study by an
agency licensed or approved to complete an adoption home study in the state of the
individual's residence deleted text begin anddeleted text end new text begin . If the relative or foster parent has an approved adoption home
study, the moving party must filenew text end the study deleted text begin is fileddeleted text end with the motion for adoptive placement.new text begin
If the relative or foster parent is in the process of obtaining an approved adoption home
study, the moving party must file the documentation of efforts with the motion for adoptive
placement.
new text end
(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.
(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.
(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. new text begin When the agency presents evidence regarding the child's current relationship
with the identified adoptive placement resource, the court must consider the agency's efforts
to support the child's relationship with the moving party consistent with section 260C.221.
new text end The moving party then has the burden of proving by a preponderance of the evidence that
the agency has been unreasonable in failing to make the adoptive placement.
new text begin
(e) When determining whether the agency was unreasonable in failing to make the
adoptive placement, the court shall consider placement decision factors under section
260C.212, subdivision 2, and the adoptive placement decision factors in section 260C.613,
subdivision 1, paragraph (b).
new text end
deleted text begin (e)deleted text end new text begin (f)new text end At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the deleted text begin relative or the
child's foster parentdeleted text end new text begin moving partynew text end is the most suitable adoptive home to meet the child's
needs using the factors in section 260C.212, subdivision 2, paragraph (b), the court maynew text begin :
new text end
new text begin (1)new text end order the responsible social services agency to make an adoptive placement in the
home of the deleted text begin relative or the child's foster parent.deleted text end new text begin moving party if the moving party has an
approved adoption home study; or
new text end
new text begin
(2) order the responsible social services agency to place the child in the home of the
moving party upon approval of an adoption home study. The agency must promote and
support the child's ongoing visitation and contact with the moving party until the child is
placed in the moving party's home. The agency must provide an update to the court after
90 days, including progress and any barriers encountered. If the moving party does not have
an approved adoption home study within 180 days, the moving party and the agency must
inform the court of any barriers to obtaining the approved adoption home study during a
review hearing under this section. If the court finds that the moving party is unable to obtain
an approved adoption home study, the court must dismiss the order for adoptive placement
under this subdivision and order the agency to continue making reasonable efforts to finalize
the adoption of the child as required under section 260C.605.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end If, in order to ensure that a timely adoption may occur, the court orders the
responsible social services agency to make an adoptive placement under this subdivision,
the agency shall:
(1) make reasonable efforts to obtain a fully executed adoption placement agreementnew text begin ,
including assisting the moving party with the adoption home study processnew text end ;
(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter 256N; and
(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.
deleted text begin (g)deleted text end new text begin (h)new text end Denial or granting of a motion for an order for adoptive placement after an
evidentiary hearing is an order which may be appealed by the responsible social services
agency, the moving party, the child, when age ten or over, the child's guardian ad litem,
and any individual who had a fully executed adoption placement agreement regarding the
child at the time the motion was filed if the court's order has the effect of terminating the
adoption placement agreement. An appeal shall be conducted according to the requirements
of the Rules of Juvenile Protection Procedure.
Sec. 24.
Minnesota Statutes 2020, section 260C.613, subdivision 1, is amended to read:
Subdivision 1.
Adoptive placement decisions.
(a) The responsible social services agency
has exclusive authority to make an adoptive placement of a child under the guardianship of
the commissioner. The child shall be considered placed for adoption when the adopting
parent, the agency, and the commissioner have fully executed an adoption placement
agreement on the form prescribed by the commissioner.
(b) The responsible social services agency shall use an individualized determination of
the child's currentnew text begin and futurenew text end needsnew text begin ,new text end pursuant to section 260C.212, subdivision 2, paragraph
(b), to determine the most suitable adopting parent for the child in the child's best interests.new text begin
The responsible social services agency must consider adoptive placement of the child with
relatives, kin, and important friends in the order specified in section 260C.212, subdivision
2, paragraph (a).
new text end
(c) The responsible social services agency shall notify the court and parties entitled to
notice under section 260C.607, subdivision 2, when there is a fully executed adoption
placement agreement for the child.
(d) In the event an adoption placement agreement terminates, the responsible social
services agency shall notify the court, the parties entitled to notice under section 260C.607,
subdivision 2, and the commissioner that the agreement and the adoptive placement have
terminated.
Sec. 25.
Minnesota Statutes 2020, section 260C.613, subdivision 5, is amended to read:
Subd. 5.
Required record keeping.
The responsible social services agency shall
document, in the records required to be kept under section 259.79, the reasons for the
adoptive placement decision regarding the child, including the individualized determination
of the child's needs based on the factors in section 260C.212, subdivision 2, paragraph (b)deleted text begin ,deleted text end new text begin ;
the agency's consideration of relatives, kin, and important friends in the order specified in
section 260C.212, subdivision 2, paragraph (a);new text end and the assessment of how the selected
adoptive placement meets the identified needs of the child. The responsible social services
agency shall retain in the records required to be kept under section 259.79, copies of all
out-of-home placement plans made since the child was ordered under guardianship of the
commissioner and all court orders from reviews conducted pursuant to section 260C.607.
Sec. 26.
Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:
Subdivision 1.
Use of data.
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(10) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program new text begin and other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program new text end by
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 119B, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;
(11) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;
(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(13) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(14) the Department of Health for the purposes of epidemiologic investigations;
(15) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;
(16) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201; and
(17) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System.
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.
ARTICLE 3
COMMUNITY SUPPORTS
Section 1.
Minnesota Statutes 2021 Supplement, section 62A.673, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
(b) "Distant site" means a site at which a health care provider is located while providing
health care services or consultations by means of telehealth.
(c) "Health care provider" means a health care professional who is licensed or registered
by the state to perform health care services within the provider's scope of practice and in
accordance with state law. A health care provider includes a mental health professional deleted text begin as
defineddeleted text end under section deleted text begin 245.462, subdivision 18, or 245.4871, subdivision 27deleted text end new text begin 245I.04,
subdivision 2new text end ; a mental health practitioner deleted text begin as defineddeleted text end under section deleted text begin 245.462, subdivision
17, or 245.4871, subdivision 26deleted text end new text begin 245I.04, subdivision 4; a clinical trainee under section
245I.04, subdivision 6new text end ; a treatment coordinator under section 245G.11, subdivision 7; an
alcohol and drug counselor under section 245G.11, subdivision 5; and a recovery peer under
section 245G.11, subdivision 8.
(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan
includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental
plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed
to pay benefits directly to the policy holder.
(f) "Originating site" means a site at which a patient is located at the time health care
services are provided to the patient by means of telehealth. For purposes of store-and-forward
technology, the originating site also means the location at which a health care provider
transfers or transmits information to the distant site.
(g) "Store-and-forward technology" means the asynchronous electronic transfer or
transmission of a patient's medical information or data from an originating site to a distant
site for the purposes of diagnostic and therapeutic assistance in the care of a patient.
(h) "Telehealth" means the delivery of health care services or consultations through the
use of real time two-way interactive audio and visual communications to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Until July 1, 2023, telehealth also includes audio-only communication between a health
care provider and a patient in accordance with subdivision 6, paragraph (b). Telehealth does
not include communication between health care providers that consists solely of a telephone
conversation, e-mail, or facsimile transmission. Telehealth does not include communication
between a health care provider and a patient that consists solely of an e-mail or facsimile
transmission. Telehealth does not include telemonitoring services as defined in paragraph
(i).
(i) "Telemonitoring services" means the remote monitoring of clinical data related to
the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits
the data electronically to a health care provider for analysis. Telemonitoring is intended to
collect an enrollee's health-related data for the purpose of assisting a health care provider
in assessing and monitoring the enrollee's medical condition or status.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 2.
Minnesota Statutes 2021 Supplement, section 148F.11, subdivision 1, is amended
to read:
Subdivision 1.
Other professionals.
(a) Nothing in this chapter prevents members of
other professions or occupations from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to: licensed physicians; registered nurses;
licensed practical nurses; licensed psychologists and licensed psychological practitioners;
members of the clergy provided such services are provided within the scope of regular
ministries; American Indian medicine men and women; licensed attorneys; probation officers;
licensed marriage and family therapists; licensed social workers; social workers employed
by city, county, or state agencies; licensed professional counselors; licensed professional
clinical counselors; licensed school counselors; registered occupational therapists or
occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders
(UMICAD) certified counselors when providing services to Native American people; city,
county, or state employees when providing assessments or case management under Minnesota
Rules, chapter 9530; and deleted text begin individuals defined in section 256B.0623, subdivision 5, clauses
(1) to (6),deleted text end new text begin staff personsnew text end providing co-occurring substance use disorder treatment in adult
mental health rehabilitative programs certified or licensed by the Department of Human
Services under section 245I.23, 256B.0622, or 256B.0623.
(b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.
(c) Any person who is exempt from licensure under this section must not use a title
incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold himself or herself out to the public by any title or description
stating or implying that he or she is engaged in the practice of alcohol and drug counseling,
or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless
that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
use of one of the titles in paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
Minnesota Statutes 2021 Supplement, section 245.467, subdivision 2, is amended
to read:
Subd. 2.
Diagnostic assessment.
deleted text begin Providersdeleted text end new text begin A providernew text end of services governed by this
section must complete a diagnostic assessment new text begin of a client new text end according to the standards of
section 245I.10deleted text begin , subdivisions 4 to 6deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 4.
Minnesota Statutes 2021 Supplement, section 245.467, subdivision 3, is amended
to read:
Subd. 3.
Individual treatment plans.
deleted text begin Providersdeleted text end new text begin A providernew text end of services governed by
this section must complete an individual treatment plan new text begin for a client new text end according to the standards
of section 245I.10, subdivisions 7 and 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 5.
Minnesota Statutes 2021 Supplement, section 245.4871, subdivision 21, is amended
to read:
Subd. 21.
Individual treatment plan.
new text begin (a) new text end "Individual treatment plan" means the
formulation of planned services that are responsive to the needs and goals of a client. An
individual treatment plan must be completed according to section 245I.10, subdivisions 7
and 8.
new text begin
(b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is
exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual
treatment plan must:
new text end
new text begin
(1) include a written plan of intervention, treatment, and services for a child with an
emotional disturbance that the service provider develops under the clinical supervision of
a mental health professional on the basis of a diagnostic assessment;
new text end
new text begin
(2) be developed in conjunction with the family unless clinically inappropriate; and
new text end
new text begin
(3) identify goals and objectives of treatment, treatment strategy, a schedule for
accomplishing treatment goals and objectives, and the individuals responsible for providing
treatment to the child with an emotional disturbance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 6.
Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 2, is amended
to read:
Subd. 2.
Diagnostic assessment.
deleted text begin Providersdeleted text end new text begin A providernew text end of services governed by this
section deleted text begin shalldeleted text end new text begin mustnew text end complete a diagnostic assessment new text begin of a client new text end according to the standards
of section 245I.10deleted text begin , subdivisions 4 to 6deleted text end .new text begin Notwithstanding the required timelines for completing
a diagnostic assessment in section 245I.10, a children's residential facility licensed under
Minnesota Rules, chapter 2960, that provides mental health services to children must, within
ten days of the client's admission: (1) complete the client's diagnostic assessment; or (2)
review and update the client's diagnostic assessment with a summary of the child's current
mental health status and service needs if a diagnostic assessment is available that was
completed within 180 days preceding admission and the client's mental health status has
not changed markedly since the diagnostic assessment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 7.
Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 3, is amended
to read:
Subd. 3.
Individual treatment plans.
deleted text begin Providersdeleted text end new text begin A providernew text end of services governed by
this section deleted text begin shalldeleted text end new text begin mustnew text end complete an individual treatment plan new text begin for a client new text end according to the
standards of section 245I.10, subdivisions 7 and 8.new text begin A children's residential facility licensed
according to Minnesota Rules, chapter 2960, is exempt from the requirements in section
245I.10, subdivisions 7 and 8. Instead, the facility must involve the child and the child's
family in all phases of developing and implementing the individual treatment plan to the
extent appropriate and must review the individual treatment plan every 90 days after intake.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 8.
Minnesota Statutes 2021 Supplement, section 245.735, subdivision 3, is amended
to read:
Subd. 3.
Certified community behavioral health clinics.
(a) The commissioner shall
establish a state certification process for certified community behavioral health clinics
(CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this
section to be eligible for reimbursement under medical assistance, without service area
limits based on geographic area or region. The commissioner shall consult with CCBHC
stakeholders before establishing and implementing changes in the certification process and
requirements. Entities that choose to be CCBHCs must:
(1) comply with state licensing requirements and other requirements issued by the
commissioner;
(2) employ or contract for clinic staff who have backgrounds in diverse disciplines,
including licensed mental health professionals and licensed alcohol and drug counselors,
and staff who are culturally and linguistically trained to meet the needs of the population
the clinic serves;
(3) ensure that clinic services are available and accessible to individuals and families of
all ages and genders and that crisis management services are available 24 hours per day;
(4) establish fees for clinic services for individuals who are not enrolled in medical
assistance using a sliding fee scale that ensures that services to patients are not denied or
limited due to an individual's inability to pay for services;
(5) comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data;
(6) provide crisis mental health and substance use services, withdrawal management
services, emergency crisis intervention services, and stabilization services through existing
mobile crisis services; screening, assessment, and diagnosis services, including risk
assessments and level of care determinations; person- and family-centered treatment planning;
outpatient mental health and substance use services; targeted case management; psychiatric
rehabilitation services; peer support and counselor services and family support services;
and intensive community-based mental health services, including mental health services
for members of the armed forces and veterans. CCBHCs must directly provide the majority
of these services to enrollees, but may coordinate some services with another entity through
a collaboration or agreement, pursuant to paragraph (b);
(7) provide coordination of care across settings and providers to ensure seamless
transitions for individuals being served across the full spectrum of health services, including
acute, chronic, and behavioral needs. Care coordination may be accomplished through
partnerships or formal contracts with:
(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified
health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or
community-based mental health providers; and
(ii) other community services, supports, and providers, including schools, child welfare
agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally
licensed health care and mental health facilities, urban Indian health clinics, Department of
Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals,
and hospital outpatient clinics;
(8) be certified as new text begin a new text end mental health deleted text begin clinicsdeleted text end new text begin clinicnew text end under section deleted text begin 245.69, subdivision 2deleted text end new text begin
245I.20new text end ;
(9) comply with standards established by the commissioner relating to CCBHC
screenings, assessments, and evaluations;
(10) be licensed to provide substance use disorder treatment under chapter 245G;
(11) be certified to provide children's therapeutic services and supports under section
256B.0943;
(12) be certified to provide adult rehabilitative mental health services under section
256B.0623;
(13) be enrolled to provide mental health crisis response services under deleted text begin sectionsdeleted text end new text begin sectionnew text end
256B.0624 deleted text begin and 256B.0944deleted text end ;
(14) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;
(15) comply with standards relating to mental health case management in Minnesota
Rules, parts 9520.0900 to 9520.0926;
(16) provide services that comply with the evidence-based practices described in
paragraph (e); and
(17) comply with standards relating to peer services under sections 256B.0615,
256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer
services are provided.
(b) If a certified CCBHC is unable to provide one or more of the services listed in
paragraph (a), clauses (6) to (17), the CCBHC may contract with another entity that has the
required authority to provide that service and that meets the following criteria as a designated
collaborating organization:
(1) the entity has a formal agreement with the CCBHC to furnish one or more of the
services under paragraph (a), clause (6);
(2) the entity provides assurances that it will provide services according to CCBHC
service standards and provider requirements;
(3) the entity agrees that the CCBHC is responsible for coordinating care and has clinical
and financial responsibility for the services that the entity provides under the agreement;
and
(4) the entity meets any additional requirements issued by the commissioner.
(c) Notwithstanding any other law that requires a county contract or other form of county
approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets
CCBHC requirements may receive the prospective payment under section 256B.0625,
subdivision 5m, for those services without a county contract or county approval. As part of
the certification process in paragraph (a), the commissioner shall require a letter of support
from the CCBHC's host county confirming that the CCBHC and the county or counties it
serves have an ongoing relationship to facilitate access and continuity of care, especially
for individuals who are uninsured or who may go on and off medical assistance.
(d) When the standards listed in paragraph (a) or other applicable standards conflict or
address similar issues in duplicative or incompatible ways, the commissioner may grant
variances to state requirements if the variances do not conflict with federal requirements
for services reimbursed under medical assistance. If standards overlap, the commissioner
may substitute all or a part of a licensure or certification that is substantially the same as
another licensure or certification. The commissioner shall consult with stakeholders, as
described in subdivision 4, before granting variances under this provision. For the CCBHC
that is certified but not approved for prospective payment under section 256B.0625,
subdivision 5m, the commissioner may grant a variance under this paragraph if the variance
does not increase the state share of costs.
(e) The commissioner shall issue a list of required evidence-based practices to be
delivered by CCBHCs, and may also provide a list of recommended evidence-based practices.
The commissioner may update the list to reflect advances in outcomes research and medical
services for persons living with mental illnesses or substance use disorders. The commissioner
shall take into consideration the adequacy of evidence to support the efficacy of the practice,
the quality of workforce available, and the current availability of the practice in the state.
At least 30 days before issuing the initial list and any revisions, the commissioner shall
provide stakeholders with an opportunity to comment.
(f) The commissioner shall recertify CCBHCs at least every three years. The
commissioner shall establish a process for decertification and shall require corrective action,
medical assistance repayment, or decertification of a CCBHC that no longer meets the
requirements in this section or that fails to meet the standards provided by the commissioner
in the application and certification process.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 9.
Minnesota Statutes 2021 Supplement, section 245A.03, subdivision 7, is amended
to read:
Subd. 7.
Licensing moratorium.
(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a family child foster care home or family adult foster care home
license is issued during this moratorium, and the license holder changes the license holder's
primary residence away from the physical location of the foster care license, the
commissioner shall revoke the license according to section 245A.07. The commissioner
shall not issue an initial license for a community residential setting licensed under chapter
245D. When approving an exception under this paragraph, the commissioner shall consider
the resource need determination process in paragraph (h), the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate, the results of a
person's choices during their annual assessment and service plan review, and the
recommendation of the local county board. The determination by the commissioner is final
and not subject to appeal. Exceptions to the moratorium include:
(1) foster care settings where at least 80 percent of the residents are 55 years of age or
older;
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);
(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;
(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital level care;new text begin
or
new text end
deleted text begin
(5) new foster care licenses or community residential setting licenses for people receiving
services under chapter
deleted text end
deleted text begin
245D
deleted text end
deleted text begin
and residing in an unlicensed setting before May 1, 2017, and
for which a license is required. This exception does not apply to people living in their own
home. For purposes of this clause, there is a presumption that a foster care or community
residential setting license is required for services provided to three or more people in a
dwelling unit when the setting is controlled by the provider. A license holder subject to this
exception may rebut the presumption that a license is required by seeking a reconsideration
of the commissioner's determination. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter
deleted text end
deleted text begin
14
deleted text end
deleted text begin
. The exception is available
until June 30, 2018. This exception is available when:
deleted text end
deleted text begin
(i) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and
deleted text end
deleted text begin
(ii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the unlicensed
setting as determined by the lead agency; or
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end new foster care licenses or community residential setting licenses for people
receiving customized living or 24-hour customized living services under the brain injury
or community access for disability inclusion waiver plans under section 256B.49 and residing
in the customized living setting before July 1, 2022, for which a license is required. A
customized living service provider subject to this exception may rebut the presumption that
a license is required by seeking a reconsideration of the commissioner's determination. The
commissioner's disposition of a request for reconsideration is final and not subject to appeal
under chapter 14. The exception is available until June 30, 2023. This exception is available
when:
(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people under the brain injury or community access for disability
inclusion waiver plans under section 256B.49 in a single-family home operational on or
before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;
(ii) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and
(iii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the customized
living setting as determined by the lead agency.
(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.
(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.
(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.
(e) A resource need determination process, managed at the state level, using the available
reports required by section 144A.351, and other data and information shall be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.
(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.
(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.
(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493. Annually, by August 1, the commissioner shall provide
information and data on capacity of licensed long-term services and supports, actions taken
under the subdivision to manage statewide long-term services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over the
health and human services budget.
(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.
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 2020, section 245D.12, is amended to read:
245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY
REPORT.
(a) The license holder providing integrated community support, as defined in section
245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to
the commissioner to ensure the identified location of service delivery meets the criteria of
the home and community-based service requirements as specified in section 256B.492.
(b) The license holder shall provide the setting capacity report on the forms and in the
manner prescribed by the commissioner. The report must include:
(1) the address of the multifamily housing building where the license holder delivers
integrated community supports and owns, leases, or has a direct or indirect financial
relationship with the property owner;
(2) the total number of living units in the multifamily housing building described in
clause (1) where integrated community supports are delivered;
(3) the total number of living units in the multifamily housing building described in
clause (1), including the living units identified in clause (2); deleted text begin and
deleted text end
new text begin
(4) the total number of people who could reside in the living units in the multifamily
housing building described in clause (2) and receive integrated community supports; and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end the percentage of living units that are controlled by the license holder in the
multifamily housing building by dividing clause (2) by clause (3).
(c) Only one license holder may deliver integrated community supports at the address
of the multifamily housing building.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2021 Supplement, section 245I.04, subdivision 4, is amended
to read:
Subd. 4.
Mental health practitioner qualifications.
(a) An individual who is qualified
in at least one of the ways described in paragraph (b) to (d) may serve as a mental health
practitioner.
(b) An individual is qualified as a mental health practitioner through relevant coursework
if the individual completes at least 30 semester hours or 45 quarter hours in behavioral
sciences or related fields and:
(1) has at least 2,000 hours of experience providing services to individuals with:
(i) a mental illness or a substance use disorder; or
(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to a client;
(2) is fluent in the non-English language of the ethnic group to which at least 50 percent
of the individual's clients belong, and completes the additional training described in section
245I.05, subdivision 3, paragraph (c), before providing direct contact services to a client;
(3) is working in a day treatment program under section 256B.0671, subdivision 3, or
256B.0943; deleted text begin or
deleted text end
(4) has completed a practicum or internship that (i) required direct interaction with adult
clients or child clients, and (ii) was focused on behavioral sciences or related fieldsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) is in the process of completing a practicum or internship as part of a formal
undergraduate or graduate training program in social work, psychology, or counseling.
new text end
(c) An individual is qualified as a mental health practitioner through work experience
if the individual:
(1) has at least 4,000 hours of experience in the delivery of services to individuals with:
(i) a mental illness or a substance use disorder; or
(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to clients; or
(2) receives treatment supervision at least once per week until meeting the requirement
in clause (1) of 4,000 hours of experience and has at least 2,000 hours of experience providing
services to individuals with:
(i) a mental illness or a substance use disorder; or
(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to clients.
(d) An individual is qualified as a mental health practitioner if the individual has a
master's or other graduate degree in behavioral sciences or related fields.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 12.
Minnesota Statutes 2021 Supplement, section 245I.05, subdivision 3, is amended
to read:
Subd. 3.
Initial training.
(a) A staff person must receive training about:
(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
(2) the maltreatment of minor reporting requirements and definitions in chapter 260E
within 72 hours of first providing direct contact services to a client.
(b) Before providing direct contact services to a client, a staff person must receive training
about:
(1) client rights and protections under section 245I.12;
(2) the Minnesota Health Records Act, including client confidentiality, family engagement
under section 144.294, and client privacy;
(3) emergency procedures that the staff person must follow when responding to a fire,
inclement weather, a report of a missing person, and a behavioral or medical emergency;
(4) specific activities and job functions for which the staff person is responsible, including
the license holder's program policies and procedures applicable to the staff person's position;
(5) professional boundaries that the staff person must maintain; and
(6) specific needs of each client to whom the staff person will be providing direct contact
services, including each client's developmental status, cognitive functioning, and physical
and mental abilities.
(c) Before providing direct contact services to a client, a mental health rehabilitation
worker, mental health behavioral aide, or mental health practitioner deleted text begin qualifieddeleted text end new text begin requirednew text end under
section 245I.04, subdivision 4, must receive 30 hours of training about:
(1) mental illnesses;
(2) client recovery and resiliency;
(3) mental health de-escalation techniques;
(4) co-occurring mental illness and substance use disorders; and
(5) psychotropic medications and medication side effects.
(d) Within 90 days of first providing direct contact services to an adult client, a clinical
trainee, mental health practitioner, mental health certified peer specialist, or mental health
rehabilitation worker must receive training about:
(1) trauma-informed care and secondary trauma;
(2) person-centered individual treatment plans, including seeking partnerships with
family and other natural supports;
(3) co-occurring substance use disorders; and
(4) culturally responsive treatment practices.
(e) Within 90 days of first providing direct contact services to a child client, a clinical
trainee, mental health practitioner, mental health certified family peer specialist, mental
health certified peer specialist, or mental health behavioral aide must receive training about
the topics in clauses (1) to (5). This training must address the developmental characteristics
of each child served by the license holder and address the needs of each child in the context
of the child's family, support system, and culture. Training topics must include:
(1) trauma-informed care and secondary trauma, including adverse childhood experiences
(ACEs);
(2) family-centered treatment plan development, including seeking partnership with a
child client's family and other natural supports;
(3) mental illness and co-occurring substance use disorders in family systems;
(4) culturally responsive treatment practices; and
(5) child development, including cognitive functioning, and physical and mental abilities.
(f) For a mental health behavioral aide, the training under paragraph (e) must include
parent team training using a curriculum approved by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 13.
Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 2, is amended
to read:
Subd. 2.
Generally.
(a) A license holder must use a client's diagnostic assessment or
crisis assessment to determine a client's eligibility for mental health services, except as
provided in this section.
(b) Prior to completing a client's initial diagnostic assessment, a license holder may
provide a client with the following services:
(1) an explanation of findings;
(2) neuropsychological testing, neuropsychological assessment, and psychological
testing;
(3) any combination of psychotherapy sessions, family psychotherapy sessions, and
family psychoeducation sessions not to exceed three sessions;
(4) crisis assessment services according to section 256B.0624; and
(5) ten days of intensive residential treatment services according to the assessment and
treatment planning standards in section deleted text begin 245.23deleted text end new text begin 245I.23new text end , subdivision 7.
(c) Based on the client's needs that a crisis assessment identifies under section 256B.0624,
a license holder may provide a client with the following services:
(1) crisis intervention and stabilization services under section 245I.23 or 256B.0624;
and
(2) any combination of psychotherapy sessions, group psychotherapy sessions, family
psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions
within a 12-month period without prior authorization.
(d) Based on the client's needs in the client's brief diagnostic assessment, a license holder
may provide a client with any combination of psychotherapy sessions, group psychotherapy
sessions, family psychotherapy sessions, and family psychoeducation sessions not to exceed
ten sessions within a 12-month period without prior authorization for any new client or for
an existing client who the license holder projects will need fewer than ten sessions during
the next 12 months.
(e) Based on the client's needs that a hospital's medical history and presentation
examination identifies, a license holder may provide a client with:
(1) any combination of psychotherapy sessions, group psychotherapy sessions, family
psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions
within a 12-month period without prior authorization for any new client or for an existing
client who the license holder projects will need fewer than ten sessions during the next 12
months; and
(2) up to five days of day treatment services or partial hospitalization.
(f) A license holder must complete a new standard diagnostic assessment of a client:
(1) when the client requires services of a greater number or intensity than the services
that paragraphs (b) to (e) describe;
(2) at least annually following the client's initial diagnostic assessment if the client needs
additional mental health services and the client does not meet the criteria for a brief
assessment;
(3) when the client's mental health condition has changed markedly since the client's
most recent diagnostic assessment; or
(4) when the client's current mental health condition does not meet the criteria of the
client's current diagnosis.
(g) For an existing client, the license holder must ensure that a new standard diagnostic
assessment includes a written update containing all significant new or changed information
about the client, and an update regarding what information has not significantly changed,
including a discussion with the client about changes in the client's life situation, functioning,
presenting problems, and progress with achieving treatment goals since the client's last
diagnostic assessment was completed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 14.
Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 6, is amended
to read:
Subd. 6.
Standard diagnostic assessment; required elements.
(a) Only a mental health
professional or a clinical trainee may complete a standard diagnostic assessment of a client.
A standard diagnostic assessment of a client must include a face-to-face interview with a
client and a written evaluation of the client. The assessor must complete a client's standard
diagnostic assessment within the client's cultural context.
(b) When completing a standard diagnostic assessment of a client, the assessor must
gather and document information about the client's current life situation, including the
following information:
(1) the client's age;
(2) the client's current living situation, including the client's housing status and household
members;
(3) the status of the client's basic needs;
(4) the client's education level and employment status;
(5) the client's current medications;
(6) any immediate risks to the client's health and safety;
(7) the client's perceptions of the client's condition;
(8) the client's description of the client's symptoms, including the reason for the client's
referral;
(9) the client's history of mental health treatment; and
(10) cultural influences on the client.
(c) If the assessor cannot obtain the information that this deleted text begin subdivisiondeleted text end new text begin paragraphnew text end requires
without retraumatizing the client or harming the client's willingness to engage in treatment,
the assessor must identify which topics will require further assessment during the course
of the client's treatment. The assessor must gather and document information related to the
following topics:
(1) the client's relationship with the client's family and other significant personal
relationships, including the client's evaluation of the quality of each relationship;
(2) the client's strengths and resources, including the extent and quality of the client's
social networks;
(3) important developmental incidents in the client's life;
(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
(5) the client's history of or exposure to alcohol and drug usage and treatment; and
(6) the client's health history and the client's family health history, including the client's
physical, chemical, and mental health history.
(d) When completing a standard diagnostic assessment of a client, an assessor must use
a recognized diagnostic framework.
(1) When completing a standard diagnostic assessment of a client who is five years of
age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
Classification of Mental Health and Development Disorders of Infancy and Early Childhood
published by Zero to Three.
(2) When completing a standard diagnostic assessment of a client who is six years of
age or older, the assessor must use the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association.
(3) When completing a standard diagnostic assessment of a client who is five years of
age or younger, an assessor must administer the Early Childhood Service Intensity Instrument
(ECSII) to the client and include the results in the client's assessment.
(4) When completing a standard diagnostic assessment of a client who is six to 17 years
of age, an assessor must administer the Child and Adolescent Service Intensity Instrument
(CASII) to the client and include the results in the client's assessment.
(5) When completing a standard diagnostic assessment of a client who is 18 years of
age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association to screen and assess the client for a
substance use disorder.
(e) When completing a standard diagnostic assessment of a client, the assessor must
include and document the following components of the assessment:
(1) the client's mental status examination;
(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
vulnerabilities; safety needs, including client information that supports the assessor's findings
after applying a recognized diagnostic framework from paragraph (d); and any differential
diagnosis of the client;
(3) an explanation of: (i) how the assessor diagnosed the client using the information
from the client's interview, assessment, psychological testing, and collateral information
about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
and (v) the client's responsivity factors.
(f) When completing a standard diagnostic assessment of a client, the assessor must
consult the client and the client's family about which services that the client and the family
prefer to treat the client. The assessor must make referrals for the client as to services required
by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 15.
Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended
to read:
Subd. 5.
Rate requirements.
(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.
(b) Eligible substance use disorder treatment services include:
(1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;
(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;
(3) care coordination services provided according to section 245G.07, subdivision 1,
paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);
(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;
(6) medication-assisted therapy services that are licensed according to sections 245G.01
to 245G.17 and 245G.22, or applicable tribal license;
(7) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (6) and provide nine hours of clinical services each week;
(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;
(9) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;
(10) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;
(11) high-intensity residential treatment services that are licensed according to sections
245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of
clinical services each week provided by a state-operated vendor or to clients who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community; and
(12) room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or
(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502;
(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;
(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or
(5) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:
(i) the program meets the co-occurring requirements in section 245G.20;
(ii) 25 percent of the counseling staff are licensed mental health professionalsdeleted text begin , as defined
in section 245.462, subdivision 18, clauses (1) to (6)deleted text end new text begin under section 245I.04, subdivision 2new text end ,
or are students or licensing candidates under the supervision of a licensed alcohol and drug
counselor supervisor and deleted text begin licenseddeleted text end mental health professionalnew text begin under section 245I.04,
subdivision 2new text end , except that no more than 50 percent of the mental health staff may be students
or licensing candidates with time documented to be directly related to provisions of
co-occurring services;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;
(v) family education is offered that addresses mental health and substance abuse disorders
and the interaction between the two; and
(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.
(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).
(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.
(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.
(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 16.
Minnesota Statutes 2020, section 256.01, is amended by adding a subdivision to
read:
new text begin Subd. 12b. new text end
new text begin Department of Human Services systemic critical incident review team. new text end
new text begin
(a)
The commissioner may establish a Department of Human Services systemic critical incident
review team to review critical incidents reported as required under section 626.557 for
which the Department of Human Services is responsible under section 626.5572, subdivision
13; chapter 245D; or Minnesota Rules, chapter 9544. When reviewing a critical incident,
the systemic critical incident review team shall identify systemic influences to the incident
rather than determining the culpability of any actors involved in the incident. The systemic
critical incident review may assess the entire critical incident process from the point of an
entity reporting the critical incident through the ongoing case management process.
Department staff shall lead and conduct the reviews and may utilize county staff as reviewers.
The systemic critical incident review process may include but is not limited to:
new text end
new text begin
(1) data collection about the incident and actors involved. Data may include the critical
incident report under review; previous incident reports pertaining to the person receiving
services; the service provider's policies and procedures applicable to the incident; the
coordinated service and support plan as defined in section 245D.02, subdivision 4b, for the
person receiving services; or an interview of an actor involved in the critical incident or the
review of the critical incident. Actors may include:
new text end
new text begin
(i) staff of the provider agency;
new text end
new text begin
(ii) lead agency staff administering home and community-based services delivered by
the provider;
new text end
new text begin
(iii) Department of Human Services staff with oversight of home and community-based
services;
new text end
new text begin
(iv) Department of Health staff with oversight of home and community-based services;
new text end
new text begin
(v) members of the community including advocates, legal representatives, health care
providers, pharmacy staff, or others with knowledge of the incident or the actors in the
incident; and
new text end
new text begin
(vi) staff from the office of the ombudsman for mental health and developmental
disabilities;
new text end
new text begin
(2) systemic mapping of the critical incident. The team conducting the systemic mapping
of the incident may include any actors identified in clause (1), designated representatives
of other provider agencies, regional teams, and representatives of the local regional quality
council identified in section 256B.097; and
new text end
new text begin
(3) analysis of the case for systemic influences.
new text end
new text begin
Data collected by the critical incident review team shall be aggregated and provided to
regional teams, participating regional quality councils, and the commissioner. The regional
teams and quality councils shall analyze the data and make recommendations to the
commissioner regarding systemic changes that would decrease the number and severity of
critical incidents in the future or improve the quality of the home and community-based
service system.
new text end
new text begin
(b) Cases selected for the systemic critical incident review process shall be selected by
a selection committee among the following critical incident categories:
new text end
new text begin
(1) cases of caregiver neglect identified in section 626.5572, subdivision 17;
new text end
new text begin
(2) cases involving financial exploitation identified in section 626.5572, subdivision 9;
new text end
new text begin
(3) incidents identified in section 245D.02, subdivision 11;
new text end
new text begin
(4) incidents identified in Minnesota Rules, part 9544.0110; and
new text end
new text begin
(5) service terminations reported to the department in accordance with section 245D.10,
subdivision 3a.
new text end
new text begin
(c) The systemic critical incident review under this section shall not replace the process
for screening or investigating cases of alleged maltreatment of an adult under section 626.557.
The department may select cases for systemic critical incident review, under the jurisdiction
of the commissioner, reported for suspected maltreatment and closed following initial or
final disposition.
new text end
new text begin
(d) A member of the systemic critical incident review team shall not disclose what
transpired during the review, except to carry out the duties of the review. The proceedings
and records of the review team are protected nonpublic data as defined in section 13.02,
subdivision 13, and are not subject to discovery or introduction into evidence in a civil or
criminal action against a professional, the state, or a county agency arising out of the matters
that the team is reviewing. Information, documents, and records otherwise available from
other sources are not immune from discovery or use in a civil or criminal action solely
because the information, documents, and records were assessed or presented during
proceedings of the review team. A person who presented information before the systemic
critical incident review team or who is a member of the team shall not be prevented from
testifying about matters within the person's knowledge. In a civil or criminal proceeding, a
person shall not be questioned about the person's presentation of information to the review
team or opinions formed by the person as a result of the review.
new text end
Sec. 17.
Minnesota Statutes 2021 Supplement, section 256B.0622, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given them.
(b) "ACT team" means the group of interdisciplinary mental health staff who work as
a team to provide assertive community treatment.
(c) "Assertive community treatment" means intensive nonresidential treatment and
rehabilitative mental health services provided according to the assertive community treatment
model. Assertive community treatment provides a single, fixed point of responsibility for
treatment, rehabilitation, and support needs for clients. Services are offered 24 hours per
day, seven days per week, in a community-based setting.
(d) "Individual treatment plan" means a plan described by section 245I.10, subdivisions
7 and 8.
(e) "Crisis assessment and intervention" means deleted text begin mental healthdeleted text end new text begin mobilenew text end crisis response
services deleted text begin as defined indeleted text end new text begin undernew text end section 256B.0624deleted text begin , subdivision 2deleted text end .
(f) "Individual treatment team" means a minimum of three members of the ACT team
who are responsible for consistently carrying out most of a client's assertive community
treatment services.
(g) "Primary team member" means the person who leads and coordinates the activities
of the individual treatment team and is the individual treatment team member who has
primary responsibility for establishing and maintaining a therapeutic relationship with the
client on a continuing basis.
(h) "Certified rehabilitation specialist" means a staff person who is qualified according
to section 245I.04, subdivision 8.
(i) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
subdivision 6.
(j) "Mental health certified peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 10.
(k) "Mental health practitioner" means a staff person who is qualified according to section
245I.04, subdivision 4.
(l) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
(m) "Mental health rehabilitation worker" means a staff person who is qualified according
to section 245I.04, subdivision 14.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 18.
Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 3b, is
amended to read:
Subd. 3b.
Telehealth services.
(a) Medical assistance covers medically necessary services
and consultations delivered by a health care provider through telehealth in the same manner
as if the service or consultation was delivered through in-person contact. Services or
consultations delivered through telehealth shall be paid at the full allowable rate.
(b) The commissioner may establish criteria that a health care provider must attest to in
order to demonstrate the safety or efficacy of delivering a particular service through
telehealth. The attestation may include that the health care provider:
(1) has identified the categories or types of services the health care provider will provide
through telehealth;
(2) has written policies and procedures specific to services delivered through telehealth
that are regularly reviewed and updated;
(3) has policies and procedures that adequately address patient safety before, during,
and after the service is delivered through telehealth;
(4) has established protocols addressing how and when to discontinue telehealth services;
and
(5) has an established quality assurance process related to delivering services through
telehealth.
(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service delivered through telehealth to a medical assistance enrollee.
Health care service records for services delivered through telehealth must meet the
requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must
document:
(1) the type of service delivered through telehealth;
(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;
(3) the health care provider's basis for determining that telehealth is an appropriate and
effective means for delivering the service to the enrollee;
(4) the mode of transmission used to deliver the service through telehealth and records
evidencing that a particular mode of transmission was utilized;
(5) the location of the originating site and the distant site;
(6) if the claim for payment is based on a physician's consultation with another physician
through telehealth, the written opinion from the consulting physician providing the telehealth
consultation; and
(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).
(d) Telehealth visits, as described in this subdivision provided through audio and visual
communicationdeleted text begin ,deleted text end new text begin or accessible video-based platformsnew text end may deleted text begin be used todeleted text end satisfy the face-to-face
requirement for reimbursement under the payment methods that apply to a federally qualified
health center, rural health clinic, Indian health service, 638 tribal clinic, and certified
community behavioral health clinic, if the service would have otherwise qualified for
payment if performed in person.new text begin Beginning July 1, 2021, visits provided through telephone
may satisfy the face-to-face requirement for reimbursement under these payment methods
if the service would have otherwise qualified for payment if performed in person until the
COVID-19 federal public health emergency ends or July 1, 2023, whichever is earlier.
new text end
deleted text begin
(e) For mental health services or assessments delivered through telehealth that are based
on an individual treatment plan, the provider may document the client's verbal approval or
electronic written approval of the treatment plan or change in the treatment plan in lieu of
the client's signature in accordance with Minnesota Rules, part 9505.0371.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end For purposes of this subdivision, unless otherwise covered under this chapter:
(1) "telehealth" means the delivery of health care services or consultations through the
use of real-time two-way interactive audio and visual communication to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Telehealth does not include communication between health care providers, or between
a health care provider and a patient that consists solely of an audio-only communication,
e-mail, or facsimile transmission or as specified by law;
(2) "health care provider" means a health care provider as defined under section 62A.673,
a community paramedic as defined under section 144E.001, subdivision 5f, a community
health worker who meets the criteria under subdivision 49, paragraph (a), a mental health
certified peer specialist under section deleted text begin 256B.0615, subdivision 5deleted text end new text begin 245I.04, subdivision 10new text end , a
mental health certified family peer specialist under section deleted text begin 256B.0616, subdivision 5deleted text end new text begin 245I.04,
subdivision 12new text end , a mental health rehabilitation worker under section deleted text begin 256B.0623, subdivision
5, paragraph (a), clause (4), and paragraph (b)deleted text end new text begin 245I.04, subdivision 14new text end , a mental health
behavioral aide under section deleted text begin 256B.0943, subdivision 7, paragraph (b), clause (3)deleted text end new text begin 245I.04,
subdivision 16new text end , a treatment coordinator under section 245G.11, subdivision 7, an alcohol
and drug counselor under section 245G.11, subdivision 5, a recovery peer under section
245G.11, subdivision 8; and
(3) "originating site," "distant site," and "store-and-forward technology" have the
meanings given in section 62A.673, subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later, except that the amendment to paragraph (d) is effective retroactively
from July 1, 2021, and expires when the COVID-19 federal public health emergency ends
or July 1, 2023, whichever is sooner. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained and when the amendments to paragraph
(d) expire.
new text end
Sec. 19.
Minnesota Statutes 2020, section 256B.0659, subdivision 19, is amended to read:
Subd. 19.
Personal care assistance choice option; qualifications; duties.
(a) Under
personal care assistance choice, the recipient or responsible party shall:
(1) recruit, hire, schedule, and terminate personal care assistants according to the terms
of the written agreement required under subdivision 20, paragraph (a);
(2) develop a personal care assistance care plan based on the assessed needs and
addressing the health and safety of the recipient with the assistance of a qualified professional
as needed;
(3) orient and train the personal care assistant with assistance as needed from the qualified
professional;
(4) deleted text begin effective January 1, 2010,deleted text end supervise and evaluate the personal care assistant with the
qualified professional, who is required to visit the recipient at least every 180 days;
(5) monitor and verify in writing and report to the personal care assistance choice agency
the number of hours worked by the personal care assistant and the qualified professional;
(6) engage in an annual deleted text begin face-to-facedeleted text end reassessmentnew text begin as required in subdivision 3anew text end to
determine continuing eligibility and service authorization; and
(7) use the same personal care assistance choice provider agency if shared personal
assistance care is being used.
(b) The personal care assistance choice provider agency shall:
(1) meet all personal care assistance provider agency standards;
(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;
(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal
care assistant; and
(4) ensure arm's-length transactions without undue influence or coercion with the recipient
and personal care assistant.
(c) The duties of the personal care assistance choice provider agency are to:
(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations includingdeleted text begin ,deleted text end but not limited todeleted text begin ,deleted text end purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation includingdeleted text begin ,deleted text end but not
limited todeleted text begin ,deleted text end workers' compensation, unemployment insurance, and labor market data required
under section 256B.4912, subdivision 1a;
(2) bill the medical assistance program for personal care assistance services and qualified
professional services;
(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;
(4) pay the personal care assistant and qualified professional based on actual hours of
services provided;
(5) withhold and pay all applicable federal and state taxes;
(6) verify and keep records of hours worked by the personal care assistant and qualified
professional;
(7) make the arrangements and pay taxes and other benefits, if any, and comply with
any legal requirements for a Minnesota employer;
(8) enroll in the medical assistance program as a personal care assistance choice agency;
and
(9) enter into a written agreement as specified in subdivision 20 before services are
provided.
Sec. 20.
Minnesota Statutes 2021 Supplement, section 256B.0671, subdivision 6, is
amended to read:
Subd. 6.
Dialectical behavior therapy.
(a) Subject to federal approval, medical assistance
covers intensive mental health outpatient treatment for dialectical behavior therapy for
adults. A dialectical behavior therapy provider must make reasonable and good faith efforts
to report individual client outcomes to the commissioner using instruments and protocols
that are approved by the commissioner.
(b) "Dialectical behavior therapy" means an evidence-based treatment approach that a
mental health professional or clinical trainee provides to a client or a group of clients in an
intensive outpatient treatment program using a combination of individualized rehabilitative
and psychotherapeutic interventions. A dialectical behavior therapy program involves:
individual dialectical behavior therapy, group skills training, telephone coaching, and team
consultation meetings.
(c) To be eligible for dialectical behavior therapy, a client must:
deleted text begin
(1) be 18 years of age or older;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end have mental health needs that available community-based services cannot meet
or that the client must receive concurrently with other community-based services;
deleted text begin (3)deleted text end new text begin (2)new text end have either:
(i) a diagnosis of borderline personality disorder; or
(ii) multiple mental health diagnoses, exhibit behaviors characterized by impulsivity or
intentional self-harm, and be at significant risk of death, morbidity, disability, or severe
dysfunction in multiple areas of the client's life;
deleted text begin (4)deleted text end new text begin (3)new text end be cognitively capable of participating in dialectical behavior therapy as an
intensive therapy program and be able and willing to follow program policies and rules to
ensure the safety of the client and others; and
deleted text begin (5)deleted text end new text begin (4)new text end be at significant risk of one or more of the following if the client does not receive
dialectical behavior therapy:
(i) having a mental health crisis;
(ii) requiring a more restrictive setting such as hospitalization;
(iii) decompensating; or
(iv) engaging in intentional self-harm behavior.
(d) Individual dialectical behavior therapy combines individualized rehabilitative and
psychotherapeutic interventions to treat a client's suicidal and other dysfunctional behaviors
and to reinforce a client's use of adaptive skillful behaviors. A mental health professional
or clinical trainee must provide individual dialectical behavior therapy to a client. A mental
health professional or clinical trainee providing dialectical behavior therapy to a client must:
(1) identify, prioritize, and sequence the client's behavioral targets;
(2) treat the client's behavioral targets;
(3) assist the client in applying dialectical behavior therapy skills to the client's natural
environment through telephone coaching outside of treatment sessions;
(4) measure the client's progress toward dialectical behavior therapy targets;
(5) help the client manage mental health crises and life-threatening behaviors; and
(6) help the client learn and apply effective behaviors when working with other treatment
providers.
(e) Group skills training combines individualized psychotherapeutic and psychiatric
rehabilitative interventions conducted in a group setting to reduce the client's suicidal and
other dysfunctional coping behaviors and restore function. Group skills training must teach
the client adaptive skills in the following areas: (1) mindfulness; (2) interpersonal
effectiveness; (3) emotional regulation; and (4) distress tolerance.
(f) Group skills training must be provided by two mental health professionals or by a
mental health professional co-facilitating with a clinical trainee or a mental health practitioner.
Individual skills training must be provided by a mental health professional, a clinical trainee,
or a mental health practitioner.
(g) Before a program provides dialectical behavior therapy to a client, the commissioner
must certify the program as a dialectical behavior therapy provider. To qualify for
certification as a dialectical behavior therapy provider, a provider must:
(1) allow the commissioner to inspect the provider's program;
(2) provide evidence to the commissioner that the program's policies, procedures, and
practices meet the requirements of this subdivision and chapter 245I;
(3) be enrolled as a MHCP provider; and
(4) have a manual that outlines the program's policies, procedures, and practices that
meet the requirements of this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 21.
Minnesota Statutes 2021 Supplement, section 256B.0911, subdivision 3a, is
amended to read:
Subd. 3a.
Assessment and support planning.
(a) Persons requesting assessment, services
planning, or other assistance intended to support community-based living, including persons
who need assessment deleted text begin in orderdeleted text end to determine waiver or alternative care program eligibility,
must be visited by a long-term care consultation team within 20 calendar days after the date
on which an assessment was requested or recommended. Upon statewide implementation
of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person
requesting personal care assistance services. The commissioner shall provide at least a
90-day notice to lead agencies prior to the effective date of this requirement. Assessments
must be conducted according to paragraphs (b) to (r).
(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified
assessors to conduct the assessment. For a person with complex health care needs, a public
health or registered nurse from the team must be consulted.
(c) The MnCHOICES assessment provided by the commissioner to lead agencies must
be used to complete a comprehensive, conversation-based, person-centered assessment.
The assessment must include the health, psychological, functional, environmental, and
social needs of the individual necessary to develop a person-centered community support
plan that meets the individual's needs and preferences.
(d) Except as provided in paragraph (r), the assessment must be conducted by a certified
assessor in a face-to-face conversational interview with the person being assessed. The
person's legal representative must provide input during the assessment process and may do
so remotely if requested. At the request of the person, other individuals may participate in
the assessment to provide information on the needs, strengths, and preferences of the person
necessary to develop a community support plan that ensures the person's health and safety.
Except for legal representatives or family members invited by the person, persons
participating in the assessment may not be a provider of service or have any financial interest
in the provision of services. For persons who are to be assessed for elderly waiver customized
living or adult day services under chapter 256S, with the permission of the person being
assessed or the person's designated or legal representative, the client's current or proposed
provider of services may submit a copy of the provider's nursing assessment or written
report outlining its recommendations regarding the client's care needs. The person conducting
the assessment must notify the provider of the date by which this information is to be
submitted. This information shall be provided to the person conducting the assessment prior
to the assessment. For a person who is to be assessed for waiver services under section
256B.092 or 256B.49, with the permission of the person being assessed or the person's
designated legal representative, the person's current provider of services may submit a
written report outlining recommendations regarding the person's care needs the person
completed in consultation with someone who is known to the person and has interaction
with the person on a regular basis. The provider must submit the report at least 60 days
before the end of the person's current service agreement. The certified assessor must consider
the content of the submitted report prior to finalizing the person's assessment or reassessment.
(e) The certified assessor and the individual responsible for developing the coordinated
service and support plan must complete the community support plan and the coordinated
service and support plan no more than 60 calendar days from the assessment visit. The
person or the person's legal representative must be provided with a written community
support plan within the timelines established by the commissioner, regardless of whether
the person is eligible for Minnesota health care programs.
(f) For a person being assessed for elderly waiver services under chapter 256S, a provider
who submitted information under paragraph (d) shall receive the final written community
support plan when available and the Residential Services Workbook.
(g) The written community support plan must include:
(1) a summary of assessed needs as defined in paragraphs (c) and (d);
(2) the individual's options and choices to meet identified needs, including:
(i) all available options for case management services and providers;
(ii) all available options for employment services, settings, and providers;
(iii) all available options for living arrangements;
(iv) all available options for self-directed services and supports, including self-directed
budget options; and
(v) service provided in a non-disability-specific setting;
(3) identification of health and safety risks and how those risks will be addressed,
including personal risk management strategies;
(4) referral information; and
(5) informal caregiver supports, if applicable.
For a person determined eligible for state plan home care under subdivision 1a, paragraph
(b), clause (1), the person or person's representative must also receive a copy of the home
care service plan developed by the certified assessor.
(h) A person may request assistance in identifying community supports without
participating in a complete assessment. Upon a request for assistance identifying community
support, the person must be transferred or referred to long-term care options counseling
services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for
telephone assistance and follow up.
(i) The person has the right to make the final decision:
(1) between institutional placement and community placement after the recommendations
have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d);
(2) between community placement in a setting controlled by a provider and living
independently in a setting not controlled by a provider;
(3) between day services and employment services; and
(4) regarding available options for self-directed services and supports, including
self-directed funding options.
(j) The lead agency must give the person receiving long-term care consultation services
or the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:
(1) written recommendations for community-based services and consumer-directed
options;
(2) documentation that the most cost-effective alternatives available were offered to the
individual. For purposes of this clause, "cost-effective" means community services and
living arrangements that cost the same as or less than institutional care. For an individual
found to meet eligibility criteria for home and community-based service programs under
chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally
approved waiver plan for each program;
(3) the need for and purpose of preadmission screening conducted by long-term care
options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
nursing facility placement. If the individual selects nursing facility placement, the lead
agency shall forward information needed to complete the level of care determinations and
screening for developmental disability and mental illness collected during the assessment
to the long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in eligibility
determination for waiver and alternative care programs, and state plan home care, case
management, and other services as defined in subdivision 1a, paragraphs (a), clause (6),
and (b);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;
(8) the certified assessor's decision regarding the person's need for institutional level of
care as determined under criteria established in subdivision 4e and the certified assessor's
decision regarding eligibility for all services and programs as defined in subdivision 1a,
paragraphs (a), clause (6), and (b);
(9) the person's right to appeal the certified assessor's decision regarding eligibility for
all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and
(8), and (b), and incorporating the decision regarding the need for institutional level of care
or the lead agency's final decisions regarding public programs eligibility according to section
256.045, subdivision 3. The certified assessor must verbally communicate this appeal right
to the person and must visually point out where in the document the right to appeal is stated;
and
(10) documentation that available options for employment services, independent living,
and self-directed services and supports were described to the individual.
(k) An assessment that is completed as part of an eligibility determination for multiple
programs for the alternative care, elderly waiver, developmental disabilities, community
access for disability inclusion, community alternative care, and brain injury waiver programs
under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish
service eligibility for no more than 60 calendar days after the date of the assessment.
(l) The effective eligibility start date for programs in paragraph (k) can never be prior
to the date of assessment. If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (k)
cannot be prior to the date the most recent updated assessment is completed.
(m) If an eligibility update is completed within 90 days of the previous assessment and
documented in the department's Medicaid Management Information System (MMIS), the
effective date of eligibility for programs included in paragraph (k) is the date of the previous
face-to-face assessment when all other eligibility requirements are met.
(n) If a person who receives home and community-based waiver services under section
256B.0913, 256B.092, or 256B.49 or chapter 256S temporarily enters for 121 days or fewer
a hospital, institution of mental disease, nursing facility, intensive residential treatment
services program, transitional care unit, or inpatient substance use disorder treatment setting,
the person may return to the community with home and community-based waiver services
under the same waiver, without requiring an assessment or reassessment under this section,
unless the person's annual reassessment is otherwise due. Nothing in this paragraph shall
change annual long-term care consultation reassessment requirements, payment for
institutional or treatment services, medical assistance financial eligibility, or any other law.
(o) At the time of reassessment, the certified assessor shall assess each person receiving
waiver residential supports and services currently residing in a community residential setting,
licensed adult foster care home that is either not the primary residence of the license holder
or in which the license holder is not the primary caregiver, family adult foster care residence,
customized living setting, or supervised living facility to determine if that person would
prefer to be served in a community-living setting as defined in section 256B.49, subdivision
23, in a setting not controlled by a provider, or to receive integrated community supports
as described in section 245D.03, subdivision 1, paragraph (c), clause (8). The certified
assessor shall offer the person, through a person-centered planning process, the option to
receive alternative housing and service options.
(p) At the time of reassessment, the certified assessor shall assess each person receiving
waiver day services to determine if that person would prefer to receive employment services
as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified
assessor shall describe to the person through a person-centered planning process the option
to receive employment services.
(q) At the time of reassessment, the certified assessor shall assess each person receiving
non-self-directed waiver services to determine if that person would prefer an available
service and setting option that would permit self-directed services and supports. The certified
assessor shall describe to the person through a person-centered planning process the option
to receive self-directed services and supports.
(r) All assessments performed according to this subdivision must be face-to-face unless
the assessment is a reassessment meeting the requirements of this paragraph. Remote
reassessments conducted by interactive video or telephone may substitute for face-to-face
reassessments. For services provided by the developmental disabilities waiver under section
256B.092, and the community access for disability inclusion, community alternative care,
and brain injury waiver programs under section 256B.49, remote reassessments may be
substituted for two consecutive reassessments if followed by a face-to-face reassessment.
For services provided by alternative care under section 256B.0913, essential community
supports under section 256B.0922, and the elderly waiver under chapter 256S, remote
reassessments may be substituted for one reassessment if followed by a face-to-face
reassessment. A remote reassessment is permitted only if the person being reassesseddeleted text begin , or
the person's legal representative, and the lead agency case manager both agree that there is
no change in the person's condition, there is no need for a change in service, and that a
remote reassessment is appropriatedeleted text end new text begin and the person's legal representative provide informed
choice for a remote assessmentnew text end . The person being reassessed, or the person's legal
representative, has the right to refuse a remote reassessment at any time. During a remote
reassessment, if the certified assessor determines a face-to-face reassessment is necessary
deleted text begin in orderdeleted text end to complete the assessment, the lead agency shall schedule a face-to-face
reassessment. All other requirements of a face-to-face reassessment shall apply to a remote
reassessment, including updates to a person's support plan.
Sec. 22.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is
amended to read:
Subdivision 1.
Required covered service components.
(a) Subject to federal approval,
medical assistance covers medically necessary intensive treatment services when the services
are provided by a provider entity certified under and meeting the standards in this section.
The provider entity must make reasonable and good faith efforts to report individual client
outcomes to the commissioner, using instruments and protocols approved by the
commissioner.
(b) Intensive treatment services to children with mental illness residing in foster family
settings that comprise specific required service components provided in clauses (1) to (6)
are reimbursed by medical assistance when they meet the following standards:
(1) psychotherapy provided by a mental health professional or a clinical trainee;
(2) crisis planning;
(3) individual, family, and group psychoeducation services provided by a mental health
professional or a clinical trainee;
(4) clinical care consultation provided by a mental health professional or a clinical
trainee;
(5) individual treatment plan development as defined in deleted text begin Minnesota Rules, part 9505.0371,
subpart 7deleted text end new text begin section 245I.10, subdivisions 7 and 8new text end ; and
(6) service delivery payment requirements as provided under subdivision 4.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 23.
Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 6, is
amended to read:
Subd. 6.
Service standards.
The standards in this subdivision apply to intensive
nonresidential rehabilitative mental health services.
(a) The treatment team must use team treatment, not an individual treatment model.
(b) Services must be available at times that meet client needs.
(c) Services must be age-appropriate and meet the specific needs of the client.
(d) The level of care assessment as defined in section 245I.02, subdivision 19, and
functional assessment as defined in section 245I.02, subdivision 17, must be updated at
least every deleted text begin 90 daysdeleted text end new text begin six monthsnew text end or prior to discharge from the service, whichever comes
first.
(e) The treatment team must complete an individual treatment plan for each client,
according to section 245I.10, subdivisions 7 and 8, and the individual treatment plan must:
(1) be completed in consultation with the client's current therapist and key providers and
provide for ongoing consultation with the client's current therapist to ensure therapeutic
continuity and to facilitate the client's return to the community. For clients under the age of
18, the treatment team must consult with parents and guardians in developing the treatment
plan;
(2) if a need for substance use disorder treatment is indicated by validated assessment:
(i) identify goals, objectives, and strategies of substance use disorder treatment;
(ii) develop a schedule for accomplishing substance use disorder treatment goals and
objectives; and
(iii) identify the individuals responsible for providing substance use disorder treatment
services and supports;new text begin and
new text end
(3) provide for the client's transition out of intensive nonresidential rehabilitative mental
health services by defining the team's actions to assist the client and subsequent providers
in the transition to less intensive or "stepped down" servicesdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) notwithstanding section 245I.10, subdivision 8, be reviewed at least every 90 days
and revised to document treatment progress or, if progress is not documented, to document
changes in treatment.
deleted text end
(f) The treatment team shall actively and assertively engage the client's family members
and significant others by establishing communication and collaboration with the family and
significant others and educating the family and significant others about the client's mental
illness, symptom management, and the family's role in treatment, unless the team knows or
has reason to suspect that the client has suffered or faces a threat of suffering any physical
or mental injury, abuse, or neglect from a family member or significant other.
(g) For a client age 18 or older, the treatment team may disclose to a family member,
other relative, or a close personal friend of the client, or other person identified by the client,
the protected health information directly relevant to such person's involvement with the
client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the
client is present, the treatment team shall obtain the client's agreement, provide the client
with an opportunity to object, or reasonably infer from the circumstances, based on the
exercise of professional judgment, that the client does not object. If the client is not present
or is unable, by incapacity or emergency circumstances, to agree or object, the treatment
team may, in the exercise of professional judgment, determine whether the disclosure is in
the best interests of the client and, if so, disclose only the protected health information that
is directly relevant to the family member's, relative's, friend's, or client-identified person's
involvement with the client's health care. The client may orally agree or object to the
disclosure and may prohibit or restrict disclosure to specific individuals.
(h) The treatment team shall provide interventions to promote positive interpersonal
relationships.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 24.
Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
(a) The terms used in this section have the meanings given in this
subdivision.
(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs
as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
EIDBI services and that has the legal responsibility to ensure that its employees or contractors
carry out the responsibilities defined in this section. Agency includes a licensed individual
professional who practices independently and acts as an agency.
(c) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
means either autism spectrum disorder (ASD) as defined in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
to be closely related to ASD, as identified under the current version of the DSM, and meets
all of the following criteria:
(1) is severe and chronic;
(2) results in impairment of adaptive behavior and function similar to that of a person
with ASD;
(3) requires treatment or services similar to those required for a person with ASD; and
(4) results in substantial functional limitations in three core developmental deficits of
ASD: social or interpersonal interaction; functional communication, including nonverbal
or social communication; and restrictive or repetitive behaviors or hyperreactivity or
hyporeactivity to sensory input; and may include deficits or a high level of support in one
or more of the following domains:
(i) behavioral challenges and self-regulation;
(ii) cognition;
(iii) learning and play;
(iv) self-care; or
(v) safety.
(d) "Person" means a person under 21 years of age.
(e) "Clinical supervision" means the overall responsibility for the control and direction
of EIDBI service delivery, including individual treatment planning, staff supervision,
individual treatment plan progress monitoring, and treatment review for each person. Clinical
supervision is provided by a qualified supervising professional (QSP) who takes full
professional responsibility for the service provided by each supervisee.
(f) "Commissioner" means the commissioner of human services, unless otherwise
specified.
(g) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
evaluation of a person to determine medical necessity for EIDBI services based on the
requirements in subdivision 5.
(h) "Department" means the Department of Human Services, unless otherwise specified.
(i) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
benefit" means a variety of individualized, intensive treatment modalities approved and
published by the commissioner that are based in behavioral and developmental science
consistent with best practices on effectiveness.
(j) "Generalizable goals" means results or gains that are observed during a variety of
activities over time with different people, such as providers, family members, other adults,
and people, and in different environments includingdeleted text begin ,deleted text end but not limited todeleted text begin ,deleted text end clinics, homes,
schools, and the community.
(k) "Incident" means when any of the following occur:
(1) an illness, accident, or injury that requires first aid treatment;
(2) a bump or blow to the head; or
(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
including a person leaving the agency unattended.
(l) "Individual treatment plan" or "ITP" means the person-centered, individualized written
plan of care that integrates and coordinates person and family information from the CMDE
for a person who meets medical necessity for the EIDBI benefit. An individual treatment
plan must meet the standards in subdivision 6.
(m) "Legal representative" means the parent of a child who is under 18 years of age, a
court-appointed guardian, or other representative with legal authority to make decisions
about service for a person. For the purpose of this subdivision, "other representative with
legal authority to make decisions" includes a health care agent or an attorney-in-fact
authorized through a health care directive or power of attorney.
(n) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
(o) "Person-centered" means a service that both responds to the identified needs, interests,
values, preferences, and desired outcomes of the person or the person's legal representative
and respects the person's history, dignity, and cultural background and allows inclusion and
participation in the person's community.
(p) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, or
level III treatment provider.
new text begin
(q) "Advanced certification" means a person who has completed advanced certification
in an approved modality under subdivision 13, paragraph (b).
new text end
Sec. 25.
Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 13, is
amended to read:
Subd. 13.
Covered services.
(a) The services described in paragraphs (b) to (l) are
eligible for reimbursement by medical assistance under this section. Services must be
provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must
address the person's medically necessary treatment goals and must be targeted to develop,
enhance, or maintain the individual developmental skills of a person with ASD or a related
condition to improve functional communication, including nonverbal or social
communication, social or interpersonal interaction, restrictive or repetitive behaviors,
hyperreactivity or hyporeactivity to sensory input, behavioral challenges and self-regulation,
cognition, learning and play, self-care, and safety.
(b) EIDBI treatment must be delivered consistent with the standards of an approved
modality, as published by the commissioner. EIDBI modalities include:
(1) applied behavior analysis (ABA);
(2) developmental individual-difference relationship-based model (DIR/Floortime);
(3) early start Denver model (ESDM);
(4) PLAY project;
(5) relationship development intervention (RDI); or
(6) additional modalities not listed in clauses (1) to (5) upon approval by the
commissioner.
(c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b),
clauses (1) to (5), as the primary modality for treatment as a covered service, or several
EIDBI modalities in combination as the primary modality of treatment, as approved by the
commissioner. An EIDBI provider that identifies and provides assurance of qualifications
for a single specific treatment modalitynew text begin , including an EIDBI provider with advanced
certification overseeing implementation,new text end must document the required qualifications to meet
fidelity to the specific modelnew text begin in a manner determined by the commissionernew text end .
(d) Each qualified EIDBI provider must identify and provide assurance of qualifications
for professional licensure certification, or training in evidence-based treatment methods,
and must document the required qualifications outlined in subdivision 15 in a manner
determined by the commissioner.
(e) CMDE is a comprehensive evaluation of the person's developmental status to
determine medical necessity for EIDBI services and meets the requirements of subdivision
5. The services must be provided by a qualified CMDE provider.
(f) EIDBI intervention observation and direction is the clinical direction and oversight
of EIDBI services by the QSP, level I treatment provider, or level II treatment provider,
including developmental and behavioral techniques, progress measurement, data collection,
function of behaviors, and generalization of acquired skills for the direct benefit of a person.
EIDBI intervention observation and direction informs any modification of the current
treatment protocol to support the outcomes outlined in the ITP.
(g) Intervention is medically necessary direct treatment provided to a person with ASD
or a related condition as outlined in their ITP. All intervention services must be provided
under the direction of a QSP. Intervention may take place across multiple settings. The
frequency and intensity of intervention services are provided based on the number of
treatment goals, person and family or caregiver preferences, and other factors. Intervention
services may be provided individually or in a group. Intervention with a higher provider
ratio may occur when deemed medically necessary through the person's ITP.
(1) Individual intervention is treatment by protocol administered by a single qualified
EIDBI provider delivered to one person.
(2) Group intervention is treatment by protocol provided by one or more qualified EIDBI
providers, delivered to at least two people who receive EIDBI services.
new text begin
(3) Higher provider ratio intervention is treatment with protocol modification provided
by two or more qualified EIDBI providers delivered to one person in an environment that
meets the person's needs and under the direction of the QSP or level I provider.
new text end
(h) ITP development and ITP progress monitoring is development of the initial, annual,
and progress monitoring of an ITP. ITP development and ITP progress monitoring documents
provide oversight and ongoing evaluation of a person's treatment and progress on targeted
goals and objectives and integrate and coordinate the person's and the person's legal
representative's information from the CMDE and ITP progress monitoring. This service
must be reviewed and completed by the QSP, and may include input from a level I provider
or a level II provider.
(i) Family caregiver training and counseling is specialized training and education for a
family or primary caregiver to understand the person's developmental status and help with
the person's needs and development. This service must be provided by the QSP, level I
provider, or level II provider.
(j) A coordinated care conference is a voluntary meeting with the person and the person's
family to review the CMDE or ITP progress monitoring and to integrate and coordinate
services across providers and service-delivery systems to develop the ITP. This service
deleted text begin must be provided by the QSP anddeleted text end may include the CMDE provider deleted text begin ordeleted text end new text begin , QSP,new text end a level I
providernew text begin ,new text end or a level II provider.
(k) Travel time is allowable billing for traveling to and from the person's home, school,
a community setting, or place of service outside of an EIDBI center, clinic, or office from
a specified location to provide in-person EIDBI intervention, observation and direction, or
family caregiver training and counseling. The person's ITP must specify the reasons the
provider must travel to the person.
(l) Medical assistance covers medically necessary EIDBI services and consultations
delivered deleted text begin by a licensed health care providerdeleted text end via telehealth, as defined under section
256B.0625, subdivision 3b, in the same manner as if the service or consultation was delivered
in person.
Sec. 26.
Minnesota Statutes 2020, section 256K.26, subdivision 6, is amended to read:
Subd. 6.
Outcomes.
Projects will be selected to further the following outcomes:
(1) reduce the number of Minnesota individuals and families that experience long-term
homelessness;
(2) increase the number of housing opportunities with supportive services;
(3) develop integrated, cost-effective service models that address the multiple barriers
to obtaining housing stability faced by people experiencing long-term homelessness,
including abuse, neglect, chemical dependency, disability, chronic health problems, or other
factors including ethnicity and race that may result in poor outcomes or service disparities;
(4) encourage partnerships among counties, new text begin Tribes, new text end community agencies, schools, and
other providers so that the service delivery system is seamless for people experiencing
long-term homelessness;
(5) increase employability, self-sufficiency, and other social outcomes for individuals
and families experiencing long-term homelessness; and
(6) reduce inappropriate use of emergency health care, shelter, deleted text begin chemical dependencydeleted text end new text begin
substance use disorder treatmentnew text end , foster care, child protection, corrections, and similar
services used by people experiencing long-term homelessness.
Sec. 27.
Minnesota Statutes 2020, section 256K.26, subdivision 7, is amended to read:
Subd. 7.
Eligible services.
Services eligible for funding under this section are all services
needed to maintain households in permanent supportive housing, as determined by the
deleted text begin county ordeleted text end countiesnew text begin or Tribesnew text end administering the project or projects.
Sec. 28.
Minnesota Statutes 2021 Supplement, section 256P.01, subdivision 6a, is amended
to read:
Subd. 6a.
Qualified professional.
(a) For illness, injury, or incapacity, a "qualified
professional" means a licensed physician, physician assistant, advanced practice registered
nurse, physical therapist, occupational therapist, or licensed chiropractor, according to their
scope of practice.
(b) For developmental disability, learning disability, and intelligence testing, a "qualified
professional" means a licensed physician, physician assistant, advanced practice registered
nurse, licensed independent clinical social worker, licensed psychologist, certified school
psychologist, or certified psychometrist working under the supervision of a licensed
psychologist.
(c) For mental health, a "qualified professional" means a licensed physician, advanced
practice registered nurse, or qualified mental health professional under section 245I.04,
subdivision 2.
(d) For substance use disorder, a "qualified professional" means a licensed physician, a
qualified mental health professional under section deleted text begin 245.462, subdivision 18, clauses (1) to
(6)deleted text end new text begin 245I.04, subdivision 2new text end , or an individual as defined in section 245G.11, subdivision 3,
4, or 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 29.
Minnesota Statutes 2020, section 256Q.06, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Account creation. new text end
new text begin
If an eligible individual is unable to establish the eligible
individual's own ABLE account, an ABLE account may be established on behalf of the
eligible individual by the eligible individual's agent under a power of attorney or, if none,
by the eligible individual's conservator or legal guardian, spouse, parent, sibling, or
grandparent or a representative payee appointed for the eligible individual by the Social
Security Administration, in that order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 30.
Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended
by Laws 2021, First Special Session chapter 7, article 2, section 71, is amended to read:
Subdivision 1.
Waivers and modifications; federal funding extension.
When the
peacetime emergency declared by the governor in response to the COVID-19 outbreak
expires, is terminated, or is rescinded by the proper authority, the following waivers and
modifications to human services programs issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12 deleted text begin that are required to comply with federal lawdeleted text end
may remain in effect for the time period set out in applicable federal law or for the time
period set out in any applicable federally approved waiver or state plan amendment,
whichever is later:
(1) CV15: allowing telephone or video visits for waiver programs;
(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare;
(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
(5) CV24: allowing telephone or video use for targeted case management visits;
(6) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;
(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
(10) CV43: expanding remote home and community-based waiver services;
(11) CV44: allowing remote delivery of adult day services;
(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance
Program;
(13) CV60: modifying eligibility period for the federally funded Refugee Social Services
Program; and
(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and
Minnesota Family Investment Program maximum food benefits.
Sec. 31. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, chapters 245G, 253B, 254A, and 254B, the revisor of statutes
shall change the term "chemical dependency" or similar terms to "substance use disorder."
The revisor may make grammatical changes related to the term change.
new text end
Sec. 32. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 254A.04; and 254B.14, subdivisions 1, 2, 3, 4,
and 6,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2021 Supplement, section 254B.14, subdivision 5,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
HEALTH CARE
Section 1.
Minnesota Statutes 2020, section 62J.2930, subdivision 3, is amended to read:
Subd. 3.
Consumer information.
(a) The information clearinghouse or another entity
designated by the commissioner shall provide consumer information to health plan company
enrollees to:
(1) assist enrollees in understanding their rights;
(2) explain and assist in the use of all available complaint systems, including internal
complaint systems within health carriers, community integrated service networks, and the
Departments of Health and Commerce;
(3) provide information on coverage options in each region of the state;
(4) provide information on the availability of purchasing pools and enrollee subsidies;
and
(5) help consumers use the health care system to obtain coverage.
(b) The information clearinghouse or other entity designated by the commissioner for
the purposes of this subdivision shall not:
(1) provide legal services to consumers;
(2) represent a consumer or enrollee; or
(3) serve as an advocate for consumers in disputes with health plan companies.
(c) Nothing in this subdivision shall interfere with the ombudsman program established
under section deleted text begin 256B.69, subdivision 20deleted text end new text begin 256B.6903new text end , or other existing ombudsman programs.
Sec. 2.
Minnesota Statutes 2020, section 256B.055, subdivision 2, is amended to read:
Subd. 2.
Subsidized foster children.
Medical assistance may be paid for a child eligible
for or receiving foster care maintenance payments under Title IV-E of the Social Security
Act, United States Code, title 42, sections 670 to 676, and for a child who is not eligible for
Title IV-E of the Social Security Act but who is deleted text begin determined eligible fordeleted text end new text begin placed innew text end foster
carenew text begin as determined by Minnesota Statutesnew text end or kinship assistance under chapter 256N.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2020, section 256B.056, subdivision 3c, is amended to read:
Subd. 3c.
Asset limitations for families and children.
(a) A household of two or more
persons must not own more than $20,000 in total net assets, and a household of one person
must not own more than $10,000 in total net assets. In addition to these maximum amounts,
an eligible individual or family may accrue interest on these amounts, but they must be
reduced to the maximum at the time of an eligibility redetermination. The value of assets
that are not considered in determining eligibility for medical assistance for families and
children is the value of those assets excluded under the AFDC state plan as of July 16, 1996,
as required by the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA), Public Law 104-193, with the following exceptions:
(1) household goods and personal effects are not considered;
(2) capital and operating assets of a trade or business up to $200,000 are not considered;
(3) one motor vehicle is excluded for each person of legal driving age who is employed
or seeking employment;
(4) assets designated as burial expenses are excluded to the same extent they are excluded
by the Supplemental Security Income program;
(5) court-ordered settlements up to $10,000 are not considered;
(6) individual retirement accounts and funds are not considered;
(7) assets owned by children are not considered; and
(8) deleted text begin effective July 1, 2009,deleted text end certain assets owned by American Indians are excluded as
required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public
Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42, section 447.50.
(b) deleted text begin Beginning January 1, 2014, this subdivisiondeleted text end new text begin Paragraph (a)new text end applies only to parents
and caretaker relatives who qualify for medical assistance under subdivision 5.
new text begin
(c) Eligibility for children under age 21 must be determined without regard to the asset
limitations described in paragraphs (a) and (b) and subdivision 3.
new text end
Sec. 4.
Minnesota Statutes 2020, section 256B.056, subdivision 11, is amended to read:
Subd. 11.
Treatment of annuities.
(a) Any person requesting medical assistance payment
of long-term care services shall provide a complete description of any interest either the
person or the person's spouse has in annuities on a form designated by the department. The
form shall include a statement that the state becomes a preferred remainder beneficiary of
annuities or similar financial instruments by virtue of the receipt of medical assistance
payment of long-term care services. The person and the person's spouse shall furnish the
agency responsible for determining eligibility with complete current copies of their annuities
and related documents and complete the form designating the state as the preferred remainder
beneficiary for each annuity in which the person or the person's spouse has an interest.
(b) The department shall provide notice to the issuer of the department's right under this
section as a preferred remainder beneficiary under the annuity or similar financial instrument
for medical assistance furnished to the person or the person's spouse, and provide notice of
the issuer's responsibilities as provided in paragraph (c).
(c) An issuer of an annuity or similar financial instrument who receives notice of the
state's right to be named a preferred remainder beneficiary as described in paragraph (b)
shall provide confirmation to the requesting agency that the state has been made a preferred
remainder beneficiary. The issuer shall also notify the county agency when a change in the
amount of income or principal being withdrawn from the annuity or other similar financial
instrument or a change in the state's preferred remainder beneficiary designation under the
annuity or other similar financial instrument occurs. The county agency shall provide the
issuer with the name, address, and telephone number of a unit within the department that
the issuer can contact to comply with this paragraph.
(d) "Preferred remainder beneficiary" for purposes of this subdivision and sections
256B.0594 and 256B.0595 means the state is a remainder beneficiary in the first position
in an amount equal to the amount of medical assistance paid on behalf of the institutionalized
person, or is a remainder beneficiary in the second position if the institutionalized person
designates and is survived by a remainder beneficiary who is (1) a spouse who does not
reside in a medical institution, (2) a minor child, or (3) a child of any age who is blind or
permanently and totally disabled as defined in the Supplemental Security Income program.
Notwithstanding this paragraph, the state is the remainder beneficiary in the first position
if the spouse or child disposes of the remainder for less than fair market value.
(e) For purposes of this subdivision, "institutionalized person" and "long-term care
services" have the meanings given in section 256B.0595, subdivision 1, paragraph deleted text begin (g)deleted text end new text begin (f)new text end .
(f) For purposes of this subdivision, "medical institution" means a skilled nursing facility,
intermediate care facility, intermediate care facility for persons with developmental
disabilities, nursing facility, or inpatient hospital.
Sec. 5.
Minnesota Statutes 2020, section 256B.0595, subdivision 1, is amended to read:
Subdivision 1.
Prohibited transfers.
(a) Effective for transfers made after August 10,
1993, an institutionalized person, an institutionalized person's spouse, or any person, court,
or administrative body with legal authority to act in place of, on behalf of, at the direction
of, or upon the request of the institutionalized person or institutionalized person's spouse,
may not give away, sell, or dispose of, for less than fair market value, any asset or interest
therein, except assets other than the homestead that are excluded under the Supplemental
Security Income program, for the purpose of establishing or maintaining medical assistance
eligibility. This applies to all transfers, including those made by a community spouse after
the month in which the institutionalized spouse is determined eligible for medical assistance.
For purposes of determining eligibility for long-term care services, any transfer of such
assets within 36 months before or any time after an institutionalized person requests medical
assistance payment of long-term care services, or 36 months before or any time after a
medical assistance recipient becomes an institutionalized person, for less than fair market
value may be considered. Any such transfer is presumed to have been made for the purpose
of establishing or maintaining medical assistance eligibility and the institutionalized person
is ineligible for long-term care services for the period of time determined under subdivision
2, unless the institutionalized person furnishes convincing evidence to establish that the
transaction was exclusively for another purpose, or unless the transfer is permitted under
subdivision 3 or 4. In the case of payments from a trust or portions of a trust that are
considered transfers of assets under federal law, or in the case of any other disposal of assets
made on or after February 8, 2006, any transfers made within 60 months before or any time
after an institutionalized person requests medical assistance payment of long-term care
services and within 60 months before or any time after a medical assistance recipient becomes
an institutionalized person, may be considered.
(b) This section applies to transfers, for less than fair market value, of income or assets,
including assets that are considered income in the month received, such as inheritances,
court settlements, and retroactive benefit payments or income to which the institutionalized
person or the institutionalized person's spouse is entitled but does not receive due to action
by the institutionalized person, the institutionalized person's spouse, or any person, court,
or administrative body with legal authority to act in place of, on behalf of, at the direction
of, or upon the request of the institutionalized person or the institutionalized person's spouse.
(c) This section applies to payments for care or personal services provided by a relative,
unless the compensation was stipulated in a notarized, written agreement deleted text begin whichdeleted text end new text begin thatnew text end was
in existence when the service was performed, the care or services directly benefited the
person, and the payments made represented reasonable compensation for the care or services
provided. A notarized written agreement is not required if payment for the services was
made within 60 days after the service was provided.
deleted text begin
(d) This section applies to the portion of any asset or interest that an institutionalized
person, an institutionalized person's spouse, or any person, court, or administrative body
with legal authority to act in place of, on behalf of, at the direction of, or upon the request
of the institutionalized person or the institutionalized person's spouse, transfers to any
annuity that exceeds the value of the benefit likely to be returned to the institutionalized
person or institutionalized person's spouse while alive, based on estimated life expectancy
as determined according to the current actuarial tables published by the Office of the Chief
Actuary of the Social Security Administration. The commissioner may adopt rules reducing
life expectancies based on the need for long-term care. This section applies to an annuity
purchased on or after March 1, 2002, that:
deleted text end
deleted text begin
(1) is not purchased from an insurance company or financial institution that is subject
to licensing or regulation by the Minnesota Department of Commerce or a similar regulatory
agency of another state;
deleted text end
deleted text begin
(2) does not pay out principal and interest in equal monthly installments; or
deleted text end
deleted text begin
(3) does not begin payment at the earliest possible date after annuitization.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end Effective for transactions, including the purchase of an annuity, occurring on or
after February 8, 2006, by or on behalf of an institutionalized person who has applied for
or is receiving long-term care services or the institutionalized person's spouse shall be treated
as the disposal of an asset for less than fair market value unless the department is named a
preferred remainder beneficiary as described in section 256B.056, subdivision 11. Any
subsequent change to the designation of the department as a preferred remainder beneficiary
shall result in the annuity being treated as a disposal of assets for less than fair market value.
The amount of such transfer shall be the maximum amount the institutionalized person or
the institutionalized person's spouse could receive from the annuity or similar financial
instrument. Any change in the amount of the income or principal being withdrawn from the
annuity or other similar financial instrument at the time of the most recent disclosure shall
be deemed to be a transfer of assets for less than fair market value unless the institutionalized
person or the institutionalized person's spouse demonstrates that the transaction was for fair
market value. In the event a distribution of income or principal has been improperly
distributed or disbursed from an annuity or other retirement planning instrument of an
institutionalized person or the institutionalized person's spouse, a cause of action exists
against the individual receiving the improper distribution for the cost of medical assistance
services provided or the amount of the improper distribution, whichever is less.
deleted text begin (f)deleted text end new text begin (e)new text end Effective for transactions, including the purchase of an annuity, occurring on or
after February 8, 2006, by or on behalf of an institutionalized person applying for or receiving
long-term care services shall be treated as a disposal of assets for less than fair market value
unless it is:
(1) an annuity described in subsection (b) or (q) of section 408 of the Internal Revenue
Code of 1986; or
(2) purchased with proceeds from:
(i) an account or trust described in subsection (a), (c), or (p) of section 408 of the Internal
Revenue Code;
(ii) a simplified employee pension within the meaning of section 408(k) of the Internal
Revenue Code; or
(iii) a Roth IRA described in section 408A of the Internal Revenue Code; or
(3) an annuity that is irrevocable and nonassignable; is actuarially sound as determined
in accordance with actuarial publications of the Office of the Chief Actuary of the Social
Security Administration; and provides for payments in equal amounts during the term of
the annuity, with no deferral and no balloon payments made.
deleted text begin (g)deleted text end new text begin (f)new text end For purposes of this section, long-term care services include services in a nursing
facility, services that are eligible for payment according to section 256B.0625, subdivision
2, because they are provided in a swing bed, intermediate care facility for persons with
developmental disabilities, and home and community-based services provided pursuant to
chapter 256S and sections 256B.092 and 256B.49. For purposes of this subdivision and
subdivisions 2, 3, and 4, "institutionalized person" includes a person who is an inpatient in
a nursing facility or in a swing bed, or intermediate care facility for persons with
developmental disabilities or who is receiving home and community-based services under
chapter 256S and sections 256B.092 and 256B.49.
deleted text begin (h)deleted text end new text begin (g)new text end This section applies to funds used to purchase a promissory note, loan, or mortgage
unless the note, loan, or mortgage:
(1) has a repayment term that is actuarially sound;
(2) provides for payments to be made in equal amounts during the term of the loan, with
no deferral and no balloon payments made; and
(3) prohibits the cancellation of the balance upon the death of the lender.
new text begin (h) new text end In the case of a promissory note, loan, or mortgage that does not meet an exception
innew text begin paragraph (g),new text end clauses (1) to (3), the value of such note, loan, or mortgage shall be the
outstanding balance due as of the date of the institutionalized person's request for medical
assistance payment of long-term care services.
(i) This section applies to the purchase of a life estate interest in another person's home
unless the purchaser resides in the home for a period of at least one year after the date of
purchase.
(j) This section applies to transfers into a pooled trust that qualifies under United States
Code, title 42, section 1396p(d)(4)(C), by:
(1) a person age 65 or older or the person's spouse; or
(2) any person, court, or administrative body with legal authority to act in place of, on
behalf of, at the direction of, or upon the request of a person age 65 or older or the person's
spouse.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 3b, is
amended to read:
Subd. 3b.
Telehealth services.
(a) Medical assistance covers medically necessary services
and consultations delivered by a health care provider through telehealth in the same manner
as if the service or consultation was delivered through in-person contact. Services or
consultations delivered through telehealth shall be paid at the full allowable rate.
(b) The commissioner may establish criteria that a health care provider must attest to in
order to demonstrate the safety or efficacy of delivering a particular service through
telehealth. The attestation may include that the health care provider:
(1) has identified the categories or types of services the health care provider will provide
through telehealth;
(2) has written policies and procedures specific to services delivered through telehealth
that are regularly reviewed and updated;
(3) has policies and procedures that adequately address patient safety before, during,
and after the service is delivered through telehealth;
(4) has established protocols addressing how and when to discontinue telehealth services;
and
(5) has an established quality assurance process related to delivering services through
telehealth.
(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service delivered through telehealth to a medical assistance enrollee.
Health care service records for services delivered through telehealth must meet the
requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must
document:
(1) the type of service delivered through telehealth;
(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;
(3) the health care provider's basis for determining that telehealth is an appropriate and
effective means for delivering the service to the enrollee;
(4) the mode of transmission used to deliver the service through telehealth and records
evidencing that a particular mode of transmission was utilized;
(5) the location of the originating site and the distant site;
(6) if the claim for payment is based on a physician's consultation with another physician
through telehealth, the written opinion from the consulting physician providing the telehealth
consultation; and
(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).
(d) Telehealth visits, as described in this subdivision provided through audio and visual
communicationdeleted text begin ,deleted text end new text begin or accessible video-based platforms new text end may be used to satisfy the face-to-face
requirement for reimbursement under the payment methods that apply to a federally qualified
health center, rural health clinic, Indian health service, 638 Tribal clinic, and certified
community behavioral health clinic, if the service would have otherwise qualified for
payment if performed in person.new text begin Beginning July 1, 2021, visits provided through telephone
may satisfy the face-to-face requirement for reimbursement under these payment methods
if the service would have otherwise qualified for payment if performed in person until the
COVID-19 federal public health emergency ends or July 1, 2023, whichever is earlier.
new text end
(e) For mental health services or assessments delivered through telehealth that are based
on an individual treatment plan, the provider may document the client's verbal approval or
electronic written approval of the treatment plan or change in the treatment plan in lieu of
the client's signature in accordance with Minnesota Rules, part 9505.0371.
(f) For purposes of this subdivision, unless otherwise covered under this chapter:
(1) "telehealth" means the delivery of health care services or consultations deleted text begin through the
use ofdeleted text end new text begin usingnew text end real-time two-way interactive audio and visual communication new text begin or accessible
telemedicine video-based platforms new text end to provide or support health care delivery and facilitate
the assessment, diagnosis, consultation, treatment, education, and care management of a
patient's health care. Telehealth includes the application of secure video conferencingdeleted text begin ,deleted text end new text begin
consisting of a real-time, full-motion synchronized video;new text end store-and-forward technologydeleted text begin ,deleted text end new text begin ;new text end
and synchronous interactions between a patient located at an originating site and a health
care provider located at a distant site. Telehealth does not include communication between
health care providers, or between a health care provider and a patient that consists solely
of an audio-only communication, e-mail, or facsimile transmission or as specified by law;
(2) "health care provider" means a health care provider as defined under section 62A.673deleted text begin ,deleted text end new text begin ;new text end
a community paramedic as defined under section 144E.001, subdivision 5fdeleted text begin ,deleted text end new text begin ;new text end a community
health worker who meets the criteria under subdivision 49, paragraph (a)deleted text begin ,deleted text end new text begin ;new text end a mental health
certified peer specialist under section 256B.0615, subdivision 5deleted text begin ,deleted text end new text begin ;new text end a mental health certified
family peer specialist under section 256B.0616, subdivision 5deleted text begin ,deleted text end new text begin ;new text end a mental health rehabilitation
worker under section 256B.0623, subdivision 5, paragraph (a), clause (4), and paragraph
(b)deleted text begin ,deleted text end new text begin ;new text end a mental health behavioral aide under section 256B.0943, subdivision 7, paragraph
(b), clause (3)deleted text begin ,deleted text end new text begin ;new text end a treatment coordinator under section 245G.11, subdivision 7deleted text begin ,deleted text end new text begin ;new text end an alcohol
and drug counselor under section 245G.11, subdivision 5deleted text begin ,deleted text end new text begin ; ornew text end a recovery peer under section
245G.11, subdivision 8; and
(3) "originating site," "distant site," and "store-and-forward technology" have the
meanings given in section 62A.673, subdivision 2.
Sec. 7.
new text begin
[256B.6903] OMBUDSPERSON FOR MANAGED CARE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given them.
new text end
new text begin
(b) "Adverse benefit determination" has the meaning provided in Code of Federal
Regulations, title 42, section 438.400, subpart (b).
new text end
new text begin
(c) "Appeal" means an oral or written request from an enrollee to the managed care
organization for review of an adverse benefit determination.
new text end
new text begin
(d) "Commissioner" means the commissioner of human services.
new text end
new text begin
(e) "Complaint" means an enrollee's informal expression of dissatisfaction about any
matter relating to the enrollee's prepaid health plan other than an adverse benefit
determination.
new text end
new text begin
(f) "Data analyst" means the person employed by the ombudsperson that uses research
methodologies to conduct research on data collected from prepaid health plans, including
but not limited to scientific theory; hypothesis testing; survey research techniques; data
collection; data manipulation; and statistical analysis interpretation, including multiple
regression techniques.
new text end
new text begin
(g) "Enrollee" means a person enrolled in a prepaid health plan under section 256B.69.
When applicable, an enrollee includes an enrollee's authorized representative.
new text end
new text begin
(h) "External review" means the process described under Code of Federal Regulations,
title 42, section 438.408, subpart (f); and section 62Q.73, subdivision 2.
new text end
new text begin
(i) "Grievance" means an enrollee's expression of dissatisfaction about any matter relating
to the enrollee's prepaid health plan other than an adverse benefit determination that follows
the procedures outlined in Code of Federal Regulations, title 42, part 438, subpart (f). A
grievance may include but is not limited to concerns relating to quality of care, services
provided, or failure to respect an enrollee's rights under a prepaid health plan.
new text end
new text begin
(j) "Managed care advocate" means a county or Tribal employee who works with
managed care enrollees when the enrollee has service, billing, or access problems with the
enrollee's prepaid health plan.
new text end
new text begin
(k) "Prepaid health plan" means a plan under contract with the commissioner according
to section 256B.69.
new text end
new text begin
(l) "State fair hearing" means the appeals process mandated under section 256.045,
subdivision 3a.
new text end
new text begin Subd. 2. new text end
new text begin Ombudsperson. new text end
new text begin
The commissioner must designate an ombudsperson to advocate
for enrollees. At the time of enrollment in a prepaid health plan, the local agency must
inform enrollees about the ombudsperson.
new text end
new text begin Subd. 3. new text end
new text begin Duties and cost. new text end
new text begin
(a) The ombudsperson must work to ensure enrollees receive
covered services as described in the enrollee's prepaid health plan by:
new text end
new text begin
(1) providing assistance and education to enrollees, when requested, regarding covered
health care benefits or services; billing and access; or the grievance, appeal, or state fair
hearing processes;
new text end
new text begin
(2) with the enrollee's permission and within the ombudsperson's discretion, using an
informal review process to assist an enrollee with a resolution involving the enrollee's
prepaid health plan's benefits;
new text end
new text begin
(3) assisting enrollees, when requested, with filing a prepaid health plan grievance,
appeal, or state fair hearing;
new text end
new text begin
(4) supporting an enrollee, when requested, in the enrollee's case before an administrative
law judge;
new text end
new text begin
(5) overseeing, reviewing, and approving documents used by enrollees relating to prepaid
health plans' grievances, appeals, and state fair hearings;
new text end
new text begin
(6) reviewing all state fair hearing and requests by enrollees for external review;
overseeing entities under contract to provide external reviews, processes, and payments for
services; and utilizing aggregated results of external reviews to recommend health care
benefits policy changes; and
new text end
new text begin
(7) providing trainings to managed care advocates.
new text end
new text begin
(b) The ombudsperson must not charge an enrollee for the ombudsperson's services.
new text end
new text begin Subd. 4. new text end
new text begin Powers. new text end
new text begin
In exercising the ombudsperson's authority under this section, the
ombudsperson may:
new text end
new text begin
(1) gather information and evaluate any practice, policy, procedure, or action by a prepaid
health plan, state human services agency, county, or Tribe; and
new text end
new text begin
(2) prescribe the methods by which complaints are to be made, received, and acted upon.
The ombudsperson's authority under this clause includes but is not limited to:
new text end
new text begin
(i) determining the scope and manner of a complaint;
new text end
new text begin
(ii) holding a prepaid health plan accountable to address a complaint in a timely manner
as outlined in state and federal laws;
new text end
new text begin
(iii) requiring a prepaid health plan to respond in a timely manner to a request for data,
case details, and other information as needed to help resolve a complaint or to improve a
prepaid health plan's policy; and
new text end
new text begin
(iv) making recommendations for policy, administrative, or legislative changes regarding
prepaid health plans to the proper partners.
new text end
new text begin Subd. 5. new text end
new text begin Data. new text end
new text begin
(a) The data analyst must review and analyze prepaid health plan data
on denial, termination, and reduction notices (DTRs), grievances, appeals, and state fair
hearings by:
new text end
new text begin
(1) analyzing, reviewing, and reporting on DTRs, grievances, appeals, and state fair
hearings data collected from each prepaid health plan;
new text end
new text begin
(2) collaborating with the commissioner's partners and the Department of Health for the
Triennial Compliance Assessment under Code of Federal Regulations, title 42, section
438.358, subpart (b);
new text end
new text begin
(3) reviewing state fair hearing decisions for policy or coverage issues that may affect
enrollees; and
new text end
new text begin
(4) providing data required under Code of Federal Regulations, title 42, section 438.66
(2016), to the Centers for Medicare and Medicaid Services.
new text end
new text begin
(b) The data analyst must share the data analyst's data observations and trends under
this subdivision with the ombudsperson, prepaid health plans, and commissioner's partners.
new text end
new text begin Subd. 6. new text end
new text begin Collaboration and independence. new text end
new text begin
(a) The ombudsperson must work in
collaboration with the commissioner and the commissioner's partners when the
ombudsperson's collaboration does not otherwise interfere with the ombudsperson's duties
under this section.
new text end
new text begin
(b) The ombudsperson may act independently of the commissioner when:
new text end
new text begin
(1) providing information or testimony to the legislature; and
new text end
new text begin
(2) contacting and making reports to federal and state officials.
new text end
new text begin Subd. 7. new text end
new text begin Civil actions. new text end
new text begin
The ombudsperson is not civilly liable for actions taken under
this section if the action was taken in good faith, was within the scope of the ombudsperson's
authority, and did not constitute willful or reckless misconduct.
new text end
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 2020, section 256B.77, subdivision 13, is amended to read:
Subd. 13.
Ombudsman.
Enrollees shall have access to ombudsman services established
in section deleted text begin 256B.69, subdivision 20deleted text end new text begin 256B.6903new text end , and advocacy services provided by the
ombudsman for mental health and developmental disabilities established in sections 245.91
to 245.97. The managed care ombudsman and the ombudsman for mental health and
developmental disabilities shall coordinate services provided to avoid duplication of services.
For purposes of the demonstration project, the powers and responsibilities of the Office of
Ombudsman for Mental Health and Developmental Disabilities, as provided in sections
245.91 to 245.97 are expanded to include all eligible individuals, health plan companies,
agencies, and providers participating in the demonstration project.
Sec. 9.
Minnesota Statutes 2020, section 501C.1206, is amended to read:
501C.1206 PUBLIC HEALTH CARE PROGRAMS AND CERTAIN TRUSTS.
deleted text begin (a)deleted text end It is the public policy of this state that individuals use all available resources to pay
for the cost of long-term care services, as defined in section 256B.0595, before turning to
Minnesota health care program funds, and that trust instruments should not be permitted to
shield available resources of an individual or an individual's spouse from such use.
deleted text begin
(b) When a state or local agency makes a determination on an application by the
individual or the individual's spouse for payment of long-term care services through a
Minnesota public health care program pursuant to chapter 256B, any irrevocable inter vivos
trust or any legal instrument, device, or arrangement similar to an irrevocable inter vivos
trust created on or after July 1, 2005, containing assets or income of an individual or an
individual's spouse, including those created by a person, court, or administrative body with
legal authority to act in place of, at the direction of, upon the request of, or on behalf of the
individual or individual's spouse, becomes revocable for the sole purpose of that
determination. For purposes of this section, any inter vivos trust and any legal instrument,
device, or arrangement similar to an inter vivos trust:
deleted text end
deleted text begin
(1) shall be deemed to be located in and subject to the laws of this state; and
deleted text end
deleted text begin
(2) is created as of the date it is fully executed by or on behalf of all of the settlors or
others.
deleted text end
deleted text begin
(c) For purposes of this section, a legal instrument, device, or arrangement similar to an
irrevocable inter vivos trust means any instrument, device, or arrangement which involves
a settlor who transfers or whose property is transferred by another including, but not limited
to, any court, administrative body, or anyone else with authority to act on their behalf or at
their direction, to an individual or entity with fiduciary, contractual, or legal obligations to
the settlor or others to be held, managed, or administered by the individual or entity for the
benefit of the settlor or others. These legal instruments, devices, or other arrangements are
irrevocable inter vivos trusts for purposes of this section.
deleted text end
deleted text begin
(d) In the event of a conflict between this section and the provisions of an irrevocable
trust created on or after July 1, 2005, this section shall control.
deleted text end
deleted text begin
(e) This section does not apply to trusts that qualify as supplemental needs trusts under
section 501C.1205 or to trusts meeting the criteria of United States Code, title 42, section
1396p (d)(4)(a) and (c) for purposes of eligibility for medical assistance.
deleted text end
deleted text begin
(f) This section applies to all trusts first created on or after July 1, 2005, as permitted
under United States Code, title 42, section 1396p, and to all interests in real or personal
property regardless of the date on which the interest was created, reserved, or acquired.
deleted text end
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. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, section 256B.057, subdivision 7,
new text end
new text begin
is repealed on July 1,
2022.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2020, section 256B.69, subdivision 20,
new text end
new text begin
is repealed the day
following final enactment.
new text end
ARTICLE 5
OPERATIONS
Section 1.
Minnesota Statutes 2020, 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); deleted text begin and
deleted text end
(4) each managerial official whose responsibilities include the direction of the
management or policies of a programdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(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).
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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 2.
Minnesota Statutes 2020, 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. 3.
Minnesota Statutes 2020, 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 (5)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 (5), 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 in accordance with subdivision 3.
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. 4.
Minnesota Statutes 2020, 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)deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) 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.
Sec. 5.
Minnesota Statutes 2021 Supplement, section 245A.14, subdivision 4, is amended
to read:
Subd. 4.
Special family child care homes.
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:
(a) 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;
(b) 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;
(c) the license holder is a church or religious organization;
(d) 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;
(e) 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 paragraph 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:
(1) the program does not exceed a capacity of 14 children more than a cumulative total
of four hours per day;
(2) the program meets a one to seven staff-to-child ratio during the variance period;
(3) all employees receive at least an extra four hours of training per year than required
in the rules governing family child care each year;
(4) the facility has square footage required per child under Minnesota Rules, part
9502.0425;
(5) the program is in compliance with local zoning regulations;
(6) the program is in compliance with the applicable fire code as follows:
(i) 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 2015,
Section 202; or
(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable
fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2015,
Section 202, unless the rooms in which the children 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 occupancies, as provided in the Minnesota State
Fire Code 2015, Section 202; and
(7) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; or
(f) 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:
(1) the program is in compliance with local zoning regulations;
(2) the program is in compliance with the applicable fire code as follows:
(i) 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 2015,
Section 202; or
(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable
fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2015,
Section 202;
(3) any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and
(4) 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."
(g) Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner
may issue up to four licenses to an organization licensed under paragraph (b), (c), or (e).
Each license must have its own primary provider of care as required under paragraph (i).
Each license must operate as a distinct and separate program in compliance with all applicable
laws and regulations.
(h) For licenses issued under paragraph (b), (c), (d), (e), or (f), 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.
(i) For a license issued under paragraph (b), (c), or (e), 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; deleted text begin and
deleted text end
(4) must complete the training that is required of license holders in section 245A.50deleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) is authorized to communicate with the county licensing agency and the department
on matters related to licensing; and
new text end
new text begin
(6) must meet the requirements of Minnesota Rules, part 9502.0355, subpart 3, before
providing group family child care.
new text end
(j) 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 6.
Minnesota Statutes 2020, 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 or advanced practice registered nurse directing an alternative sleeping position
for the infant. The physician or advanced practice registered nurse 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, licensed occupational therapist, or a 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
swaddlenew text begin . A swaddle is defined as 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 mouthnew 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 EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 7.
Minnesota Statutes 2020, section 245A.1443, is amended to read:
245A.1443 deleted text begin CHEMICAL DEPENDENCYdeleted text end new text begin SUBSTANCE USE DISORDER
TREATMENT LICENSEDnew text end PROGRAMS THAT SERVE PARENTS WITH THEIR
CHILDREN.
Subdivision 1.
Application.
This section applies to deleted text begin chemical dependencydeleted text end new text begin residential
substance use disordernew text end treatment facilities that are licensed under this chapter and deleted text begin Minnesota
Rules,deleted text end chapter deleted text begin 9530,deleted text end new text begin 245Gnew text end and that provide services in accordance with section 245G.19.
Subd. 2.
Requirements for providing education.
(a) On or before the date of a child's
initial physical presence at the facility, the license holder must provide education to the
child's parent related to safe bathing and reducing the risk of sudden unexpected infant death
and abusive head trauma from shaking infants and young children. new text begin The license holder must
use the educational material developed by the commissioner to comply with this requirement.
new text end At a minimum, the education must address:
(1) instruction that a child or infant should never be left unattended around water, a tub
should be filled with only two to four inches of water for infants, and an infant should never
be put into a tub when the water is running; and
(2) the risk factors related to sudden unexpected infant death and abusive head trauma
from shaking infants and young children, and means of reducing the risks, including the
safety precautions identified in section 245A.1435 and the deleted text begin dangersdeleted text end new text begin risksnew text end of co-sleeping.
(b) The license holder must document the parent's receipt of the education and keep the
documentation in the parent's file. The documentation must indicate whether the parent
agrees to comply with the safeguards. If the parent refuses to comply, program staff must
provide additional education to the parent deleted text begin at appropriate intervals, at least weeklydeleted text end new text begin as described
in the parental supervision plan. The parental supervision plan must include the intervention,
frequency, and staff responsiblenew text end for the duration of the parent's participation in the program
or until the parent agrees to comply with the safeguards.
Subd. 3.
Parental supervision of children.
(a) On or before the date of a child's initial
physical presence at the facility, the license holder must deleted text begin complete anddeleted text end document deleted text begin an
assessment ofdeleted text end the parent's capacity to meet the health and safety needs of the child while
on the facility premisesdeleted text begin , including identifying circumstances when the parent may be unable
to adequately care for their child due todeleted text end new text begin considering the following factorsnew text end :
(1) the parent's physical deleted text begin ordeleted text end new text begin andnew text end mental health;
(2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;
deleted text begin
(3) the parent being unable to provide appropriate supervision for the child; or
deleted text end
new text begin
(3) the child's physical and mental health; and
new text end
(4) any other information available to the license holder that indicates the parent may
not be able to adequately care for the child.
(b) The license holder must have written procedures specifying the actions to be taken
by staff if a parent is or becomes unable to adequately care for the parent's child.
new text begin
(c) If the parent refuses to comply with the safeguards described in subdivision 2 or is
unable to adequately care for the child, the license holder must develop a parental supervision
plan in conjunction with the client. The plan must account for any factors in paragraph (a)
that contribute to the parent's inability to adequately care for the child. The plan must be
dated and signed by the staff person who completed the plan.
new text end
Subd. 4.
Alternative supervision arrangements.
The license holder must have written
procedures addressing whether the program permits a parent to arrange for supervision of
the parent's child by another client in the program. If permitted, the facility must have a
procedure that requires staff approval of the supervision arrangement before the supervision
by the nonparental client occurs. The procedure for approval must include an assessment
of the nonparental client's capacity to assume the supervisory responsibilities using the
criteria in subdivision 3. The license holder must document the license holder's approval of
the supervisory arrangement and the assessment of the nonparental client's capacity to
supervise the child, and must keep this documentation in the file of the parent of the child
being supervised.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 8.
Minnesota Statutes 2020, 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 EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 9.
Minnesota Statutes 2020, section 245F.15, subdivision 1, is amended to read:
Subdivision 1.
Qualifications for all staff who have direct patient contact.
deleted text begin (a)deleted text end All
staff who have direct patient contact must be at least 18 years of age deleted text begin and must, at the time
of hiring, document that they meet the requirements in paragraph (b), (c), or (d)deleted text end .
deleted text begin
(b) Program directors, supervisors, nurses, and alcohol and drug counselors must be free
of substance use problems for at least two years immediately preceding their hiring and
must sign a statement attesting to that fact.
deleted text end
deleted text begin
(c) Recovery peers must be free of substance use problems for at least one year
immediately preceding their hiring and must sign a statement attesting to that fact.
deleted text end
deleted text begin
(d) Technicians and other support staff must be free of substance use problems for at
least six months immediately preceding their hiring and must sign a statement attesting to
that fact.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 10.
Minnesota Statutes 2020, section 245F.16, subdivision 1, is amended to read:
Subdivision 1.
Policy requirements.
A license holder must have written personnel
policies and must make them available to staff members at all times. The personnel policies
must:
(1) ensure that a staff member's retention, promotion, job assignment, or pay are not
affected by a good-faith communication between the staff member and the Department of
Human Services, Department of Health, Ombudsman for Mental Health and Developmental
Disabilities, law enforcement, or local agencies that investigate complaints regarding patient
rights, health, or safety;
(2) include a job description for each position that specifies job responsibilities, degree
of authority to execute job responsibilities, standards of job performance related to specified
job responsibilities, and qualifications;
(3) provide for written job performance evaluations for staff members of the license
holder at least annually;
(4) describe deleted text begin behavior that constitutes groundsdeleted text end new text begin the processnew text end for disciplinary action,
suspension, or dismissaldeleted text begin , including policies that address substance use problems and meet
the requirements of section 245F.15, subdivisions 1 and 2. The policies and procedures
must list behaviors or incidents that are considered substance use problems. The list must
include:deleted text end new text begin of a staff person for violating the drug and alcohol policy described in section
245A.04, subdivision 1, paragraph (c);
new text end
deleted text begin
(i) receiving treatment for substance use disorder within the period specified for the
position in the staff qualification requirements;
deleted text end
deleted text begin
(ii) substance use that has a negative impact on the staff member's job performance;
deleted text end
deleted text begin
(iii) substance use that affects the credibility of treatment services with patients, referral
sources, or other members of the community; and
deleted text end
deleted text begin
(iv) symptoms of intoxication or withdrawal on the job;
deleted text end
(5) include policies prohibiting personal involvement with patients and policies
prohibiting patient maltreatment as specified under sections 245A.65, 626.557, and 626.5572
and chapters 260E and 604;
(6) include a chart or description of organizational structure indicating the lines of
authority and responsibilities;
(7) include a written plan for new staff member orientation that, at a minimum, includes
training related to the specific job functions for which the staff member was hired, program
policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs
(b) to (e); and
(8) include a policy on the confidentiality of patient information.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2020, section 245G.01, subdivision 4, is amended to read:
Subd. 4.
Alcohol and drug counselor.
"Alcohol and drug counselor" deleted text begin has the meaning
given in section 148F.01, subdivision 5deleted text end new text begin means a person who is qualified according to section
245G.11, subdivision 5new text end .
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 2020, section 245G.01, subdivision 17, is amended to read:
Subd. 17.
Licensed professional in private practice.
new text begin (a) new text end "Licensed professional in
private practice" means an individual who:
(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but
is otherwise licensed to provide alcohol and drug counseling services;
(2) practices solely within the permissible scope of the individual's license as defined
in the law authorizing licensure; and
(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol
and drug counseling services. deleted text begin Affiliation does not include conferring with another
professional or making a client referral.
deleted text end
new text begin
(b) For purposes of this subdivision, affiliate includes but is not limited to:
new text end
new text begin
(1) using the same electronic record system as another professional, except when the
system prohibits each professional from accessing the records of another professional;
new text end
new text begin
(2) advertising the services of more than one professional together;
new text end
new text begin
(3) accepting client referrals made to a group of professionals;
new text end
new text begin
(4) providing services to another professional's clients when that professional is absent;
or
new text end
new text begin
(5) appearing in any way to be a group practice or program.
new text end
new text begin
(c) For purposes of this subdivision, affiliate does not include:
new text end
new text begin
(1) conferring with another professional;
new text end
new text begin
(2) making a client referral to another professional;
new text end
new text begin
(3) contracting with the same agency as another professional for billing services;
new text end
new text begin
(4) using the same waiting area for clients in an office as another professional; or
new text end
new text begin
(5) using the same receptionist as another professional if the receptionist supports each
professional independently.
new text end
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 2020, section 245G.06, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Documentation of treatment services. new text end
new text begin
The license holder must ensure that
the staff member who provides the treatment service documents in the client record the
date, type, and amount of each treatment service provided to a client and the client's response
to each treatment service within seven days of providing the treatment service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 14.
Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Client record documentation requirements. new text end
new text begin
(a) The license holder must
document in the client record any significant event that occurs at the program on the day
the event occurs. A significant event is an event that impacts the client's relationship with
other clients, staff, or the client's family, or the client's treatment plan.
new text end
new text begin
(b) A residential treatment program must document in the client record the following
items on the day that each occurs:
new text end
new text begin
(1) medical and other appointments the client attended;
new text end
new text begin
(2) concerns related to medications that are not documented in the medication
administration record; and
new text end
new text begin
(3) concerns related to attendance for treatment services, including the reason for any
client absence from a treatment service.
new text end
new text begin
(c) Each entry in a client's record must be accurate, legible, signed, dated, and include
the job title or position of the staff person that made the entry. A late entry must be clearly
labeled "late entry." A correction to an entry must be made in a way in which the original
entry can still be read.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 15.
Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Documentation of treatment services;deleted text end Treatment plan review.
deleted text begin
(a) A review
of all treatment services must be documented weekly and include a review of:
deleted text end
deleted text begin
(1) care coordination activities;
deleted text end
deleted text begin
(2) medical and other appointments the client attended;
deleted text end
deleted text begin
(3) issues related to medications that are not documented in the medication administration
record; and
deleted text end
deleted text begin
(4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.
deleted text end
deleted text begin
(b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.
deleted text end
deleted text begin (c)deleted text end A treatment plan review must be entered in a client's file weekly or after each treatment
service, whichever is less frequent, by the deleted text begin staff member providing the servicedeleted text end new text begin alcohol and
drug counselor responsible for the client's treatment plannew text end . The review must indicate the span
of time covered by the review and each of the six dimensions listed in section 245G.05,
subdivision 2, paragraph (c). The review must:
deleted text begin
(1) indicate the date, type, and amount of each treatment service provided and the client's
response to each service;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end address each goal in the treatment plan and whether the methods to address the
goals are effective;
deleted text begin (3)deleted text end new text begin (2)new text end include monitoring of any physical and mental health problems;
deleted text begin (4)deleted text end new text begin (3)new text end document the participation of others;
deleted text begin (5)deleted text end new text begin (4)new text end document staff recommendations for changes in the methods identified in the
treatment plan and whether the client agrees with the change; and
deleted text begin (6)deleted text end new text begin (5)new text end include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.
deleted text begin
(d) Each entry in a client's record must be accurate, legible, signed, and dated. A late
entry must be clearly labeled "late entry." A correction to an entry must be made in a way
in which the original entry can still be read.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 16.
Minnesota Statutes 2020, section 245G.08, subdivision 5, is amended to read:
Subd. 5.
Administration of medication and assistance with self-medication.
(a) A
license holder must meet the requirements in this subdivision if a service provided includes
the administration of medication.
(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a
licensed practitioner or a registered nurse the task of administration of medication or assisting
with self-medication, must:
(1) successfully complete a medication administration training program for unlicensed
personnel through an accredited Minnesota postsecondary educational institution. A staff
member's completion of the course must be documented in writing and placed in the staff
member's personnel file;
(2) be trained according to a formalized training program that is taught by a registered
nurse and offered by the license holder. The training must include the process for
administration of naloxone, if naloxone is kept on site. A staff member's completion of the
training must be documented in writing and placed in the staff member's personnel records;
or
(3) demonstrate to a registered nurse competency to perform the delegated activity. A
registered nurse must be employed or contracted to develop the policies and procedures for
administration of medication or assisting with self-administration of medication, or both.
(c) A registered nurse must provide supervision as defined in section 148.171, subdivision
23. The registered nurse's supervision must include, at a minimum, monthly on-site
supervision or more often if warranted by a client's health needs. The policies and procedures
must include:
(1) a provision that a delegation of administration of medication is new text begin limited to a method
a staff member has been trained to administer and new text end limited to deleted text begin the administration ofdeleted text end new text begin :
new text end
new text begin (i)new text end a medication that is administered orally, topically, or as a suppository, an eye drop,
an ear drop, deleted text begin ordeleted text end an inhalantnew text begin , or an intranasalnew text end ;new text begin and
new text end
new text begin
(ii) an intramuscular injection of naloxone or epinephrine;
new text end
(2) a provision that each client's file must include documentation indicating whether
staff must conduct the administration of medication or the client must self-administer
medication, or both;
(3) a provision that a client may carry emergency medication such as nitroglycerin as
instructed by the client's physician or advanced practice registered nurse;
(4) a provision for the client to self-administer medication when a client is scheduled to
be away from the facility;
(5) a provision that if a client self-administers medication when the client is present in
the facility, the client must self-administer medication under the observation of a trained
staff member;
(6) a provision that when a license holder serves a client who is a parent with a child,
the parent may only administer medication to the child under a staff member's supervision;
(7) requirements for recording the client's use of medication, including staff signatures
with date and time;
(8) guidelines for when to inform a nurse of problems with self-administration of
medication, including a client's failure to administer, refusal of a medication, adverse
reaction, or error; and
(9) procedures for acceptance, documentation, and implementation of a prescription,
whether written, verbal, telephonic, or electronic.
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 2020, section 245G.09, subdivision 3, is amended to read:
Subd. 3.
Contents.
Client records must contain the following:
(1) documentation that the client was given information on client rights and
responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided
an orientation to the program abuse prevention plan required under section 245A.65,
subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record
must contain documentation that the client was provided educational information according
to section 245G.05, subdivision 1, paragraph (b);
(2) an initial services plan completed according to section 245G.04;
(3) a comprehensive assessment completed according to section 245G.05;
(4) an assessment summary completed according to section 245G.05, subdivision 2;
(5) an individual abuse prevention plan according to sections 245A.65, subdivision 2,
and 626.557, subdivision 14, when applicable;
(6) an individual treatment plan according to section 245G.06, subdivisions 1 and 2;
(7) documentation of treatment servicesnew text begin , significant events, appointments, concerns,new text end and
treatment plan deleted text begin reviewdeleted text end new text begin reviewsnew text end according to section 245G.06, deleted text begin subdivisiondeleted text end new text begin subdivisions 2a,
2b, andnew text end 3; and
(8) a summary at the time of service termination according to section 245G.06,
subdivision 4.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 18.
Minnesota Statutes 2020, section 245G.11, subdivision 1, is amended to read:
Subdivision 1.
General qualifications.
(a) All staff members who have direct contact
must be 18 years of age or older. deleted text begin At the time of employment, each staff member must meet
the qualifications in this subdivision. For purposes of this subdivision, "problematic substance
use" means a behavior or incident listed by the license holder in the personnel policies and
procedures according to section 245G.13, subdivision 1, clause (5).
deleted text end
deleted text begin
(b) A treatment director, supervisor, nurse, counselor, student intern, or other professional
must be free of problematic substance use for at least the two years immediately preceding
employment and must sign a statement attesting to that fact.
deleted text end
deleted text begin
(c) A paraprofessional, recovery peer, or any other staff member with direct contact
must be free of problematic substance use for at least one year immediately preceding
employment and must sign a statement attesting to that fact.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 19.
Minnesota Statutes 2020, section 245G.11, subdivision 10, is amended to read:
Subd. 10.
Student interns.
A qualified staff member must supervise and be responsible
for a treatment service performed by a student intern and must review and sign each
assessment, deleted text begin progress note, anddeleted text end individual treatment plannew text begin , and treatment plan reviewnew text end prepared
by a student intern. A student intern must receive the orientation and training required in
section 245G.13, subdivisions 1, clause (7), and 2. No more than 50 percent of the treatment
staff may be students or licensing candidates with time documented to be directly related
to the provision of treatment services for which the staff are authorized.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 20.
Minnesota Statutes 2020, section 245G.13, subdivision 1, is amended to read:
Subdivision 1.
Personnel policy requirements.
A license holder must have written
personnel policies that are available to each staff member. The personnel policies must:
(1) ensure that staff member retention, promotion, job assignment, or pay are not affected
by a good faith communication between a staff member and the department, the Department
of Health, the ombudsman for mental health and developmental disabilities, law enforcement,
or a local agency for the investigation of a complaint regarding a client's rights, health, or
safety;
(2) contain a job description for each staff member position specifying responsibilities,
degree of authority to execute job responsibilities, and qualification requirements;
(3) provide for a job performance evaluation based on standards of job performance
conducted on a regular and continuing basis, including a written annual review;
(4) describe behavior that constitutes grounds for disciplinary action, suspension, or
dismissal, including deleted text begin policies that address staff member problematic substance use and the
requirements of section 245G.11, subdivision 1,deleted text end policies prohibiting personal involvement
with a client in violation of chapter 604, and policies prohibiting client abuse described in
sections 245A.65, 626.557, and 626.5572, and chapter 260E;
deleted text begin
(5) identify how the program will identify whether behaviors or incidents are problematic
substance use, including a description of how the facility must address:
deleted text end
deleted text begin
(i) receiving treatment for substance use within the period specified for the position in
the staff qualification requirements, including medication-assisted treatment;
deleted text end
deleted text begin
(ii) substance use that negatively impacts the staff member's job performance;
deleted text end
deleted text begin
(iii) substance use that affects the credibility of treatment services with a client, referral
source, or other member of the community;
deleted text end
deleted text begin
(iv) symptoms of intoxication or withdrawal on the job; and
deleted text end
deleted text begin
(v) the circumstances under which an individual who participates in monitoring by the
health professional services program for a substance use or mental health disorder is able
to provide services to the program's clients;
deleted text end
new text begin
(5) describe the process for disciplinary action, suspension, or dismissal of a staff person
for violating the drug and alcohol policy described in section 245A.04, subdivision 1,
paragraph (c);
new text end
(6) include a chart or description of the organizational structure indicating lines of
authority and responsibilities;
(7) include orientation within 24 working hours of starting for each new staff member
based on a written plan that, at a minimum, must provide training related to the staff member's
specific job responsibilities, policies and procedures, client confidentiality, HIV minimum
standards, and client needs; and
(8) include policies outlining the license holder's response to a staff member with a
behavior problem that interferes with the provision of treatment service.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 21.
Minnesota Statutes 2020, section 245G.20, is amended to read:
245G.20 LICENSE HOLDERS SERVING PERSONS WITH CO-OCCURRING
DISORDERS.
A license holder specializing in the treatment of a person with co-occurring disorders
must:
(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring
disorder, and that there are adequate staff members with mental health training;
(2) have continuing access to a medical provider with appropriate expertise in prescribing
psychotropic medication;
(3) have a mental health professional available for staff member supervision and
consultation;
(4) determine group size, structure, and content considering the special needs of a client
with a co-occurring disorder;
(5) have documentation of active interventions to stabilize mental health symptoms
present in the individual treatment plans and deleted text begin progress notesdeleted text end new text begin treatment plan reviewsnew text end ;
(6) have continuing documentation of collaboration with continuing care mental health
providers, and involvement of the providers in treatment planning meetings;
(7) have available program materials adapted to a client with a mental health problem;
(8) have policies that provide flexibility for a client who may lapse in treatment or may
have difficulty adhering to established treatment rules as a result of a mental illness, with
the goal of helping a client successfully complete treatment; and
(9) have individual psychotherapy and case management available during treatment
service.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 22.
Minnesota Statutes 2020, section 245G.22, subdivision 7, is amended to read:
Subd. 7.
Restrictions for unsupervised use of methadone hydrochloride.
(a) If a
medical director or prescribing practitioner assesses and determines that a client meets the
criteria in subdivision 6 and may be dispensed a medication used for the treatment of opioid
addiction, the restrictions in this subdivision must be followed when the medication to be
dispensed is methadone hydrochloride. The results of the assessment must be contained in
the client file.new text begin The number of unsupervised use medication doses per week in paragraphs
(b) to (d) is in addition to the number of unsupervised use medication doses a client may
receive for days the clinic is closed for business as allowed by subdivision 6, paragraph (a).
new text end
(b) During the first 90 days of treatment, the unsupervised use medication supply must
be limited to a maximum of a single dose each week and the client shall ingest all other
doses under direct supervision.
(c) In the second 90 days of treatment, the unsupervised use medication supply must be
limited to two doses per week.
(d) In the third 90 days of treatment, the unsupervised use medication supply must not
exceed three doses per week.
(e) In the remaining months of the first year, a client may be given a maximum six-day
unsupervised use medication supply.
(f) After one year of continuous treatment, a client may be given a maximum two-week
unsupervised use medication supply.
(g) After two years of continuous treatment, a client may be given a maximum one-month
unsupervised use medication supply, but must make monthly visits to the program.
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 2020, 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. 24. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; AMENDING
CHILDREN'S RESIDENTIAL FACILITY AND DETOXIFICATION PROGRAM
RULES.
new text end
new text begin
(a) The commissioner of human services must amend Minnesota Rules, part 2960.0460,
to remove all references to repealed Minnesota Rules, part 2960.0460, subpart 2.
new text end
new text begin
(b) The commissioner must amend Minnesota Rules, part 2960.0470, to require license
holders to have written personnel policies that describe the process for disciplinary action,
suspension, or dismissal of a staff person for violating the drug and alcohol policy described
in Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c), and Minnesota Rules,
part 2960.0030, subpart 9.
new text end
new text begin
(c) The commissioner must amend Minnesota Rules, part 9530.6565, subpart 1, to
remove items A and B and the documentation requirement that references these items.
new text end
new text begin
(d) The commissioner must amend Minnesota Rules, part 9530.6570, subpart 1, item
D, to remove the existing language and insert language to require license holders to have
written personnel policies that describe the process for disciplinary action, suspension, or
dismissal of a staff person for violating the drug and alcohol policy described in Minnesota
Statutes, section 245A.04, subdivision 1, paragraph (c).
new text end
new text begin
(e) For purposes of this section, the commissioner may use the good cause exemption
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25. new text begin CHILD CARE REGULATION MODERNIZATION; PILOT PROJECTS.
new text end
new text begin
The commissioner of human services may conduct and administer pilot projects to test
methods and procedures for the projects to modernize regulation of child care centers and
family child care allowed under Laws 2021, First Special Session chapter 7, article 2, sections
75 and 81. To carry out the pilot projects, the commissioner of human services may, by
issuing a commissioner's order, waive enforcement of existing specific statutory program
requirements, rules, and standards in one or more counties. The commissioner's order
establishing the waiver must provide alternative methods and procedures of administration
and must not be in conflict with the basic purposes, coverage, or benefits provided by law.
In no event may a pilot project under this section extend beyond February 1, 2024. Pilot
projects must comply with the requirements of the child care and development fund plan.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 245F.15, subdivision 2; and 245G.11, subdivision
2,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 2960.0460, subpart 2; and 9530.6565, subpart 2,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
ARTICLE 6
DIRECT CARE AND TREATMENT
Section 1.
Minnesota Statutes 2020, section 246.131, is amended to read:
246.131 REPORT ON ANOKA-METRO REGIONAL TREATMENT CENTER
(AMRTC), MINNESOTA SECURITY HOSPITAL (MSH), AND COMMUNITY
BEHAVIORAL HEALTH HOSPITALS (CBHH).
The commissioner of human services shall issue a public deleted text begin quarterlydeleted text end new text begin annualnew text end report to the
chairs and ranking minority leaders of the senate and house of representatives committees
having jurisdiction over health and human services issues on the AMRTC, MSH, and CBHH.
The report shall contain information on the number of licensed beds, budgeted capacity,
occupancy rate, number of Occupational Safety and Health Administration (OSHA)
recordable injuries and the number of OSHA recordable injuries due to patient aggression
or restraint, number of clinical positions budgeted, the percentage of those positions that
are filled, the number of direct care positions budgeted, and the percentage of those positions
that are filled.
Sec. 2.
Minnesota Statutes 2020, section 253B.18, subdivision 6, is amended to read:
Subd. 6.
Transfer.
(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the commissioner, after a hearing and favorable recommendation
by a majority of the special review board, that the transfer is appropriate. Transfer may be
to another state-operated treatment program. In those instances where a commitment also
exists to the Department of Corrections, transfer may be to a facility designated by the
commissioner of corrections.
(b) The following factors must be considered in determining whether a transfer is
appropriate:
(1) the person's clinical progress and present treatment needs;
(2) the need for security to accomplish continuing treatment;
(3) the need for continued institutionalization;
(4) which facility can best meet the person's needs; and
(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.
new text begin
(c) If a committed person has been transferred out of a secure facility pursuant to this
subdivision, that committed person may voluntarily return to a secure facility for a period
of up to 60 days.
new text end
new text begin
(d) If the committed person is not returned to the original, nonsecure transfer facility
within 60 days of being readmitted to a secure facility, the transfer is revoked and the
committed person shall remain in a secure facility. The committed person shall immediately
be notified in writing of the revocation.
new text end
new text begin
(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the judicial appeal
panel whether or not the revocation shall be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.
new text end
new text begin
(f) No action by the special review board or judicial appeal panel is required if the transfer
has not been revoked and the committed person is returned to the original, nonsecure transfer
facility with no substantive change to the conditions of the transfer ordered under this
subdivision.
new text end
new text begin
(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:
new text end
new text begin
(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or
new text end
new text begin
(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.
new text end
new text begin
(h) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
shall be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.
new text end
new text begin
(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person and the committed person's counsel. The
report shall outline the specific reasons for the revocation, including but not limited to the
specific facts upon which the revocation is based.
new text end
new text begin
(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.
new text end
new text begin
(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter shall be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the judicial appeal panel whether or not the
revocation shall be upheld. The special review board may also recommend a new transfer
out of a secure facility at the time of the revocation hearing.
new text end
Sec. 3.
Laws 2009, chapter 79, article 13, section 3, subdivision 10, as amended by Laws
2009, chapter 173, article 2, section 1, is amended to read:
Subd. 10.State-Operated Services
|
||||||
The amounts that may be spent from the
appropriation for each purpose are as follows:
Transfer Authority Related to
State-Operated Services. Money
appropriated to finance state-operated services
may be transferred between the fiscal years of
the biennium with the approval of the
commissioner of finance.
County Past Due Receivables. The
commissioner is authorized to withhold county
federal administrative reimbursement when
the county of financial responsibility for
cost-of-care payments due the state under
Minnesota Statutes, section 246.54 or
253B.045, is 90 days past due. The
commissioner shall deposit the withheld
federal administrative earnings for the county
into the general fund to settle the claims with
the county of financial responsibility. The
process for withholding funds is governed by
Minnesota Statutes, section 256.017.
Forecast and Census Data. The
commissioner shall include census data and
fiscal projections for state-operated services
and Minnesota sex offender services with the
deleted text begin November anddeleted text end February budget deleted text begin forecasts.
Notwithstanding any contrary provision in this
article, this paragraph shall not expiredeleted text end new text begin forecastnew text end .
|
(a) Adult Mental Health Services |
106,702,000 |
107,201,000 |
||||
Appropriation Limitation. No part of the
appropriation in this article to the
commissioner for mental health treatment
services provided by state-operated services
shall be used for the Minnesota sex offender
program.
Community Behavioral Health Hospitals.
Under Minnesota Statutes, section 246.51,
subdivision deleted text begin 1deleted text end new text begin 1anew text end , a determination order for the
clients served in a community behavioral
health hospital operated by the commissioner
of human services is only required when a
client's third-party coverage has been
exhausted.
Base Adjustment. The general fund base is
decreased by $500,000 for fiscal year 2012
and by $500,000 for fiscal year 2013.
|
(b) Minnesota Sex Offender Services |
||||||
| Appropriations by Fund |
||
| General |
38,348,000 |
67,503,000 |
| Federal Fund |
26,495,000 |
0 |
Use of Federal Stabilization Funds. Of this
appropriation, $26,495,000 in fiscal year 2010
is from the fiscal stabilization account in the
federal fund to the commissioner. This
appropriation must not be used for any activity
or service for which federal reimbursement is
claimed. This is a onetime appropriation.
|
(c) Minnesota Security Hospital and METO Services |
||||||
| Appropriations by Fund |
||
| General |
230,000 |
83,735,000 |
| Federal Fund |
83,505,000 |
0 |
Minnesota Security Hospital. For the
purposes of enhancing the safety of the public,
improving supervision, and enhancing
community-based mental health treatment,
state-operated services may establish
additional community capacity for providing
treatment and supervision of clients who have
been ordered into a less restrictive alternative
of care from the state-operated services
transitional services program consistent with
Minnesota Statutes, section 246.014.
Use of Federal Stabilization Funds.
$83,505,000 in fiscal year 2010 is appropriated
from the fiscal stabilization account in the
federal fund to the commissioner. This
appropriation must not be used for any activity
or service for which federal reimbursement is
claimed. This is a onetime appropriation.
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 246.0136; 252.025, subdivision 7; and 252.035,
new text end
new text begin
are
repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 22-05557
245F.15 STAFF QUALIFICATIONS.
Subd. 2.
Continuing employment; no substance use problems.
License holders must require staff to be free from substance use problems as a condition of continuing employment. Staff are not required to sign statements attesting to their freedom from substance use problems after the initial statement required by subdivision 1. Staff with substance use problems must be immediately removed from any responsibilities that include direct patient contact.
245G.11 STAFF QUALIFICATIONS.
Subd. 2.
Employment; prohibition on problematic substance use.
A staff member with direct contact must be free from problematic substance use as a condition of employment, but is not required to sign additional statements. A staff member with direct contact who is not free from problematic substance use must be removed from any responsibilities that include direct contact for the time period specified in subdivision 1. The time period begins to run on the date of the last incident of problematic substance use as described in the facility's policies and procedures according to section 245G.13, subdivision 1, clause (5).
246.0136 ESTABLISHING ENTERPRISE ACTIVITIES IN STATE-OPERATED SERVICES.
Subdivision 1.
Planning for enterprise activities.
The commissioner of human services is directed to study and make recommendations to the legislature on establishing enterprise activities within state-operated services. Before implementing an enterprise activity, the commissioner must obtain statutory authorization for its implementation, except that the commissioner has authority to implement enterprise activities for adult mental health, adolescent services, and to establish a public group practice without statutory authorization. Enterprise activities are defined as the range of services, which are delivered by state employees, needed by people with disabilities and are fully funded by public or private third-party health insurance or other revenue sources available to clients that provide reimbursement for the services provided. Enterprise activities within state-operated services shall specialize in caring for vulnerable people for whom no other providers are available or for whom state-operated services may be the provider selected by the payer. In subsequent biennia after an enterprise activity is established within a state-operated service, the base state appropriation for that state-operated service shall be reduced proportionate to the size of the enterprise activity.
Subd. 2.
Required components of any proposal; considerations.
In any proposal for an enterprise activity brought to the legislature by the commissioner, the commissioner must demonstrate that there is public or private third-party health insurance or other revenue available to the people served, that the anticipated revenues to be collected will fully fund the services, that there will be sufficient funds for cash flow purposes, and that access to services by vulnerable populations served by state-operated services will not be limited by implementation of an enterprise activity. In studying the feasibility of establishing an enterprise activity, the commissioner must consider:
(1) creating public or private partnerships to facilitate client access to needed services;
(2) administrative simplification and efficiencies throughout the state-operated services system;
(3) converting or disposing of buildings not utilized and surplus lands; and
(4) exploring the efficiencies and benefits of establishing state-operated services as an independent state agency.
252.025 STATE HOSPITALS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
Subd. 7.
Minnesota extended treatment options.
The commissioner shall develop by July 1, 1997, the Minnesota extended treatment options to serve Minnesotans who have developmental disabilities and exhibit severe behaviors which present a risk to public safety. This program is statewide and must provide specialized residential services in Cambridge and an array of community-based services with sufficient levels of care and a sufficient number of specialists to ensure that individuals referred to the program receive the appropriate care. The individuals working in the community-based services under this section are state employees supervised by the commissioner of human services. No layoffs shall occur as a result of restructuring under this section.
252.035 REGIONAL TREATMENT CENTER CATCHMENT AREAS.
The commissioner may administratively designate catchment areas for regional treatment centers and state nursing homes. Catchment areas may vary by client group served. Catchment areas in effect on January 1, 1989, may not be modified until the commissioner has consulted with the regional planning committees of the affected regional treatment centers.
254A.04 CITIZENS ADVISORY COUNCIL.
There is hereby created an Alcohol and Other Drug Abuse Advisory Council to advise the Department of Human Services concerning the problems of substance misuse and substance use disorder, composed of ten members. Five members shall be individuals whose interests or training are in the field of alcohol-specific substance use disorder and alcohol misuse; and five members whose interests or training are in the field of substance use disorder and misuse of substances other than alcohol. The terms, compensation and removal of members shall be as provided in section 15.059. The council expires June 30, 2018. The commissioner of human services shall appoint members whose terms end in even-numbered years. The commissioner of health shall appoint members whose terms end in odd-numbered years.
254B.14 CONTINUUM OF CARE PILOT PROJECTS; CHEMICAL HEALTH CARE.
Subdivision 1.
Authorization for continuum of care pilot projects.
The commissioner shall establish chemical dependency continuum of care pilot projects to begin implementing the measures developed with stakeholder input and identified in the report completed pursuant to Laws 2012, chapter 247, article 5, section 8. The pilot projects are intended to improve the effectiveness and efficiency of the service continuum for chemically dependent individuals in Minnesota while reducing duplication of efforts and promoting scientifically supported practices.
Subd. 2.
Program implementation.
(a) The commissioner, in coordination with representatives of the Minnesota Association of County Social Service Administrators and the Minnesota Inter-County Association, shall develop a process for identifying and selecting interested counties and providers for participation in the continuum of care pilot projects. There shall be three pilot projects: one representing the northern region, one for the metro region, and one for the southern region. The selection process of counties and providers must include consideration of population size, geographic distribution, cultural and racial demographics, and provider accessibility. The commissioner shall identify counties and providers that are selected for participation in the continuum of care pilot projects no later than September 30, 2013.
(b) The commissioner and entities participating in the continuum of care pilot projects shall enter into agreements governing the operation of the continuum of care pilot projects. The agreements shall identify pilot project outcomes and include timelines for implementation and beginning operation of the pilot projects.
(c) Entities that are currently participating in the navigator pilot project are eligible to participate in the continuum of care pilot project subsequent to or instead of participating in the navigator pilot project.
(d) The commissioner may waive administrative rule requirements that are incompatible with implementation of the continuum of care pilot projects.
(e) Notwithstanding section 254A.19, the commissioner may designate noncounty entities to complete chemical use assessments and placement authorizations required under section 254A.19 and Minnesota Rules, parts 9530.6600 to 9530.6655. Section 254A.19, subdivision 3, is applicable to the continuum of care pilot projects at the discretion of the commissioner.
Subd. 3.
Program design.
(a) The operation of the pilot projects shall include:
(1) new services that are responsive to the chronic nature of substance use disorder;
(2) telehealth services, when appropriate to address barriers to services;
(3) services that assure integration with the mental health delivery system when appropriate;
(4) services that address the needs of diverse populations; and
(5) an assessment and access process that permits clients to present directly to a service provider for a substance use disorder assessment and authorization of services.
(b) Prior to implementation of the continuum of care pilot projects, a utilization review process must be developed and agreed to by the commissioner, participating counties, and providers. The utilization review process shall be described in the agreements governing operation of the continuum of care pilot projects.
Subd. 4.
Notice of project discontinuation.
Each entity's participation in the continuum of care pilot project may be discontinued for any reason by the county or the commissioner after 30 days' written notice to the entity.
Subd. 5.
Duties of commissioner.
(a) Notwithstanding any other provisions in this chapter, the commissioner may authorize the behavioral health fund to pay for nontreatment services arranged by continuum of care pilot projects. Individuals who are currently accessing Rule 31 treatment services are eligible for concurrent participation in the continuum of care pilot projects.
(b) County expenditures for continuum of care pilot project services shall not be greater than their expected share of forecasted expenditures in the absence of the continuum of care pilot projects.
Subd. 6.
Managed care.
An individual who is eligible for the continuum of care pilot project is excluded from mandatory enrollment in managed care unless these services are included in the health plan's benefit set.
256B.057 ELIGIBILITY REQUIREMENTS FOR SPECIAL CATEGORIES.
Subd. 7.
Waiver of maintenance of effort requirement.
Unless a federal waiver of the maintenance of effort requirement of section 2105(d) of title XXI of the Balanced Budget Act of 1997, Public Law 105-33, Statutes at Large, volume 111, page 251, is granted by the federal Department of Health and Human Services by September 30, 1998, eligibility for children under age 21 must be determined without regard to asset standards established in section 256B.056, subdivision 3c. The commissioner of human services shall publish a notice in the State Register upon receipt of a federal waiver.
256B.69 PREPAID HEALTH PLANS.
Subd. 20.
Ombudsperson.
The commissioner shall designate an ombudsperson to advocate for persons required to enroll in prepaid health plans under this section. The ombudsperson shall advocate for recipients enrolled in prepaid health plans through complaint and appeal procedures and ensure that necessary medical services are provided either by the prepaid health plan directly or by referral to appropriate social services. At the time of enrollment in a prepaid health plan, the local agency shall inform recipients about the ombudsperson program and their right to a resolution of a complaint by the prepaid health plan if they experience a problem with the plan or its providers.
Repealed Minnesota Rule: 22-05557
2960.0460 STAFF QUALIFICATIONS.
Subp. 2.
Qualifications applying to employees with direct resident contact.
An employee working directly with residents must be at least 21 years of age and must, at the time of hiring, document meeting the qualifications in item A or B.
A.
A program director, supervisor, counselor, or any other person who has direct resident contact must be free of chemical use problems for at least the two years immediately preceding hiring and freedom from chemical use problems must be maintained during employment.
B.
Overnight staff must be free of chemical use problems for at least one year preceding their hiring and maintain freedom from chemical use problems during their employment.
9530.6565 STAFF QUALIFICATIONS.
Subp. 2.
Continuing employment requirement.
License holders must require freedom from chemical use problems as a condition of continuing employment. Staff must remain free of chemical use problems although they are not required to sign statements after the initial statement required by subpart 1, item A. Staff with chemical use problems must be immediately removed from any responsibilities that include direct client contact.