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Capital IconMinnesota Legislature

SF 3332

as introduced - 89th Legislature (2015 - 2016) Posted on 04/04/2016 10:08am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 2.1 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 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40
2.41 2.42 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 3.31 3.32 3.33 3.34 3.35 3.36
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 4.31 4.32 4.33 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 5.30 5.31 5.32 5.33 5.34
5.35
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 6.33 6.34 6.35 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 7.30 7.31 7.32 7.33 7.34 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 8.33 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 9.32 9.33 9.34 9.35 9.36 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 10.33 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 11.34 11.35 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 12.33 12.34 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 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 17.34 17.35
17.36
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
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
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 20.34 20.35
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 21.32 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 22.35 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 23.33
23.34
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
24.33 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 25.33 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 26.34 26.35 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 28.34 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 29.33 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 30.31 30.32 30.33 30.34 30.35 30.36 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 31.34 31.35 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 32.34 32.35 32.36 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 33.33 33.34 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 34.35 34.36 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 35.33 35.34 35.35 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 36.32 36.33 36.34 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 37.34 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 38.30
38.31
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 39.34 39.35 39.36 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 40.34 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 41.36 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 42.33 42.34 42.35 42.36 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 43.31 43.32 43.33 43.34 43.35 43.36 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 44.32 44.33 44.34 44.35 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 45.34 45.35 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 46.32 46.33 46.34 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 47.31 47.32 47.33
47.34
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 48.32 48.33 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 49.31 49.32 49.33 49.34 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 50.35 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 51.34 51.35 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 53.33 53.34 53.35 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 54.34 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 55.32
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 56.33 56.34 56.35 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 57.33 57.34 57.35 57.36 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 58.30 58.31 58.32 58.33 58.34 58.35 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 59.34 59.35 59.36
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 60.34 60.35 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
61.33 61.34 61.35 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 62.35 62.36 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 63.34 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 64.35 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 67.33 67.34 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 68.30 68.31 68.32 68.33 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 69.32 69.33 69.34 69.35 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 70.32 70.33 70.34 70.35 70.36 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 71.32 71.33 71.34 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 72.31 72.32 72.33 72.34 72.35 72.36 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 73.32 73.33 73.34 73.35 73.36 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 74.33 74.34 74.35 74.36 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 75.31 75.32 75.33 75.34 75.35 75.36 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 76.32 76.33 76.34 76.35 76.36 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 77.34 77.35 77.36 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 78.35 78.36 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 79.31 79.32 79.33 79.34 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 80.34 80.35
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 81.32 81.33
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 82.33 82.34 82.35 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 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 84.32 84.33 84.34 84.35 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 85.33 85.34 85.35 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 86.31 86.32 86.33 86.34 86.35 86.36 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 87.33 87.34 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 88.35 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 89.32 89.33 89.34 89.35 89.36 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 90.33 90.34 90.35 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 91.35 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 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 93.33 93.34 93.35 93.36
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 94.31 94.32 94.33 94.34
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 95.34 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 96.32 96.33 96.34 96.35 96.36 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 97.33 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 98.32 98.33 98.34 98.35 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 99.35 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 100.36 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 103.36 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 104.36 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
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
105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34
106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 106.36 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11
107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 108.1 108.2 108.3 108.4
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
109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 111.35 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 112.36 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8
113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35 115.1 115.2 115.3 115.4 115.5 115.6
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
115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20
116.21
116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 117.36 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 118.35 119.1 119.2
119.3 119.4 119.5 119.6 119.7
119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 120.34 120.35 120.36 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11
121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23
121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14
122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23
122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26
123.27 123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 124.36 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 125.36 126.1 126.2 126.3
126.4
126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 126.35 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25
127.26 127.27 127.28 127.29
127.30 127.31
128.1 128.2
128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26
131.27 131.28
131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2
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
132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 134.36 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10
135.11
135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2
136.3 136.4 136.5 136.6 136.7 136.8
136.9
136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26
137.27 137.28 137.29
137.30 137.31 137.32 137.33 137.34 137.35 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10
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
138.29 138.30 138.31 138.32 138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8
139.9 139.10
139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 139.36 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 140.35 140.36 140.37 140.38 140.39 140.40 140.41 140.42 140.43 140.44 140.45 140.46 140.47 140.48 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 141.35 141.36 141.37 141.38 141.39 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 142.36 142.37 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12
143.13 143.14 143.15 143.16 143.17
143.18 143.19
143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27
144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2
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
147.33 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8
148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23
148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 149.1 149.2 149.3 149.4 149.5
149.6
149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35
150.1 150.2 150.3 150.4
150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18
150.19 150.20 150.21 150.22
150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9
152.10 152.11 152.12 152.13
152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32
152.33 152.34 153.1 153.2
153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31
153.32 153.33 153.34 153.35
154.1 154.2 154.3 154.4 154.5 154.6 154.7
154.8 154.9 154.10 154.11
154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
154.30 154.31 154.32 154.33
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22
155.23 155.24 155.25 155.26
155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 155.35
156.1 156.2 156.3 156.4
156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16
156.17 156.18 156.19 156.20
156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29
156.30 156.31 156.32 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 157.34 157.35 158.1 158.2 158.3 158.4
158.5 158.6
158.7 158.8
158.9 158.10 158.11 158.12
158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8
160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10
161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17
162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 162.35 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13
163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22
163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 164.36 165.1 165.2 165.3 165.4 165.5 165.6
165.7 165.8 165.9 165.10
165.11 165.12 165.13
165.14 165.15 165.16 165.17
165.18 165.19 165.20
165.21 165.22
165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7
166.8 166.9
166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22
166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18
167.19
167.20 167.21
167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 168.1 168.2 168.3 168.4
168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9
176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10
177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25
177.26 177.27 177.28
177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 178.34 178.35 178.36 178.37 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 181.34 181.35 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2
183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35 183.36 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 185.34 185.35 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24
186.25 186.26 186.27 186.28 186.29
186.30 186.31 186.32
187.1 187.2

A bill for an act
relating to state government; making supplemental appropriations for human
services, health, health licensing boards, and the ombudsman for mental health
and developmental disabilities; making forecast adjustments; modifying
provisions governing health care, children and family services, continuing care,
mental health services, operations, direct care and treatment, Department of
Health programs, and health-related licensing boards; making technical changes;
modifying fees; requiring reports; making changes to medical assistance,
MinnesotaCare, child care assistance, and home and community-based waiver
services programs; creating the Department of Human Services Office of Special
Investigations Law Enforcement Division; making changes to electronic health
information technology; allowing health care practitioners access to patient
registry information under certain conditions; providing criminal penalties for
improper access to patient registry information; requiring a cost/benefit analysis
of health care system proposals; changing certain public health priority points
for health risk limits and contaminated private wells; amending Minnesota
Statutes 2014, sections 13.3806, subdivision 22; 62J.495, subdivision 4;
62J.496, subdivision 1; 119B.011, subdivisions 6, 19, 20, 20a, by adding
subdivisions; 119B.02, subdivisions 1, 5, by adding a subdivision; 119B.025,
by adding subdivisions; 119B.03, subdivisions 3, 9; 119B.09, subdivisions 1, 6,
7, 9a; 119B.10; 119B.11, subdivision 2a; 119B.12, subdivision 2; 119B.125,
subdivision 1b, by adding subdivisions; 119B.13, subdivisions 1, 1a, 4; 152.27,
subdivision 2, by adding a subdivision; 152.33, by adding a subdivision; 214.075,
subdivision 3; 245.99, subdivision 2; 245A.02, by adding subdivisions; 245A.03,
subdivision 7; 245A.04, subdivision 4; 245A.09, subdivision 7; 245A.10,
subdivisions 2, 4, 8; 245A.14, by adding a subdivision; 245A.151; 245A.16,
by adding a subdivision; 245A.40, subdivisions 1, 7; 245A.50, subdivision 9;
245A.66, subdivision 2; 245C.03, by adding a subdivision; 245C.04, subdivision
1; 245C.05, subdivisions 2b, 4, 7; 245C.08, subdivisions 2, 4; 245C.11,
subdivision 3; 245C.17, subdivision 6; 245C.23, subdivision 2; 246.54, as
amended; 246B.01, subdivision 2b; 246B.035; 246B.10; 253B.18, subdivision
4b; 253D.27, subdivision 2; 253D.28, as amended; 253D.29, subdivisions
2, 3; 253D.30, subdivisions 3, 4, 5, 6; 253D.31; 254B.01, subdivision 4a;
256.01, by adding a subdivision; 256.98, subdivision 8; 256B.04, subdivision
14; 256B.059, subdivisions 1, 2, 3, by adding a subdivision; 256B.0622,
by adding a subdivision; 256B.0625, by adding a subdivision; 256B.0915,
subdivision 3b; 256B.092, subdivision 13; 256B.4912, by adding a subdivision;
256B.4914, subdivision 11; 256B.493, subdivisions 3, 4; 256B.76, by adding a
subdivision; 256B.761; 256D.051; 256J.24, subdivision 5; 256L.01, subdivision
1a; 256L.04, subdivisions 1a, 2, 10; 256L.07, subdivision 1; 260C.451, by
adding a subdivision; 626.05, subdivision 2; 626.556, subdivisions 3e, 10f;
626.84, subdivision 1; Minnesota Statutes 2015 Supplement, sections 16A.724,
subdivision 2; 119B.025, subdivision 1; 119B.09, subdivision 4; 119B.13,
subdivision 6; 245.4889, subdivision 1; 245.735, subdivisions 3, 4; 245A.16,
subdivision 1; 245A.40, subdivisions 3, 4; 245D.03, subdivision 1; 254B.05,
subdivision 5; 256.478; 256B.059, subdivision 5; 256B.0625, subdivisions 31, 58;
256B.441, subdivision 30; 256B.49, subdivision 24; 256B.4914, subdivisions 10,
14, 15; 256L.01, subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision
3a; 256L.06, subdivision 3; 256L.15, subdivision 1; 256M.41, subdivision
3; 256P.05, subdivision 1; 256P.06, subdivision 3; 256P.07, subdivisions 3, 6;
260C.203; 260C.212, subdivisions 1, 14; 260C.215, subdivision 4; 260C.451,
subdivision 6; 260C.521, subdivision 1; 626.556, subdivisions 2, 3c, 10b; Laws
2013, chapter 108, article 14, section 2, subdivision 1, as amended; Laws 2015,
chapter 71, article 14, sections 2, subdivision 1; 4, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 119B; 245A; 246; 256B;
260C; 260D; repealing Minnesota Statutes 2014, sections 119B.07; 119B.125,
subdivision 5; 253D.27, subdivisions 3, 4; 256B.059, subdivision 1a; 256B.493,
subdivisions 1, 2; 256L.04, subdivisions 2a, 8; 256L.22; 256L.24; 256L.26;
256L.28; Minnesota Statutes 2015 Supplement, section 119B.125, subdivision 8;
Minnesota Rules, parts 3400.0040, subparts 6a, 6b; 3400.0110, subparts 2a, 10;
3400.0170, subparts 7, 8; 9502.0405, subpart 4, item C; 9502.0425, subpart 18;
9503.0100; 9503.0140, subpart 5; 9503.0145, subpart 6; 9503.0155, subpart 11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

HEALTH CARE

Section 1.

Minnesota Statutes 2015 Supplement, section 16A.724, subdivision 2,
is amended to read:


Subd. 2.

Transfers.

(a) Notwithstanding section 295.581, to the extent available
resources in the health care access fund exceed expenditures in that fund, effective for
the biennium beginning July 1, 2007, the commissioner of management and budget shall
transfer the excess funds from the health care access fund to the general fund on June 30
of each year, provided that the amount transferred in any fiscal biennium shall not exceed
deleted text begin$96,000,000deleted text endnew text begin $244,000,000new text end. The purpose of this transfer is to meet the rate increase required
under Laws 2003, First Special Session chapter 14, article 13C, section 2, subdivision 6.

(b) For fiscal years 2006 to 2011, MinnesotaCare shall be a forecasted program, and,
if necessary, the commissioner shall reduce these transfers from the health care access
fund to the general fund to meet annual MinnesotaCare expenditures or, if necessary,
transfer sufficient funds from the general fund to the health care access fund to meet
annual MinnesotaCare expenditures.

Sec. 2.

Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
to read:


new text begin Subd. 41. new text end

new text begin Federal waiver request. new text end

new text begin (a) The commissioner shall seek necessary
federal waiver authority from the United States Department of Health and Human
Services to design and operate a seamless and sustainable health coverage continuum that
reduces barriers to care and eases the transition across insurance affordability programs
for consumers.
new text end

new text begin (b) The waiver proposal must incorporate, at a minimum, the following:
new text end

new text begin (1) an expansion of MinnesotaCare for persons with incomes up to 275 percent of
federal poverty guidelines;
new text end

new text begin (2) a standardized sliding fee scale for premiums and cost sharing for persons with
incomes up to 275 percent of federal poverty guidelines;
new text end

new text begin (3) alignment of eligibility, benefits, and enrollment requirements across insurance
affordability programs, including, at a minimum, a common income methodology,
consistent household composition rules, and a common definition of "American Indian";
new text end

new text begin (4) multipayer alignment across insurance affordability programs that promote health
equity, including consistent payment methodologies across payers and products and similar
coverage and contracting requirements across insurance affordability programs; and
new text end

new text begin (5) innovative reforms to promote cost-neutrality and sustainability of the program,
including prospective and outcome-based payment for collaborative organizations and
primary care providers.
new text end

new text begin (c) As part of the waiver request, the commissioner shall seek necessary federal
authority to secure all federal funding available to meet the goals described under
paragraph (a). This includes available Medicaid funding and all premium tax credits and
cost-sharing subsidies available under United States Code, title 26, section 36B, and
United States Code, title 42, section 18071, for a person with income at or below 275
percent of the federal poverty guidelines who would otherwise be eligible to enroll in
a qualified health plan through MNsure.
new text end

new text begin (d) In developing the request, the commissioner shall consult with appropriate state
agencies, stakeholder groups, and consumers.
new text end

new text begin (e) On March 1, 2017, the commissioner shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services on the progress of receiving a federal waiver, including the results of actuarial
analyses on the broader impact to the health insurance market required for waiver
submission and recommendations on necessary legislative changes, including the expected
fiscal impact to the state.
new text end

new text begin (f) Implementation of the waiver shall be contingent on necessary federal approval,
state legislative changes, and state financial contributions.
new text end

Sec. 3.

Minnesota Statutes 2014, section 256B.04, subdivision 14, is amended to read:


Subd. 14.

Competitive bidding.

(a) When determined to be effective, economical,
and feasible, the commissioner may utilize volume purchase through competitive bidding
and negotiation under the provisions of chapter 16C, to provide items under the medical
assistance program including but not limited to the following:

(1) eyeglasses;

(2) oxygen. The commissioner shall provide for oxygen needed in an emergency
situation on a short-term basis, until the vendor can obtain the necessary supply from
the contract dealer;

(3) hearing aids and supplies; and

(4) durable medical equipment, including but not limited to:

(i) hospital beds;

(ii) commodes;

(iii) glide-about chairs;

(iv) patient lift apparatus;

(v) wheelchairs and accessories;

(vi) oxygen administration equipment;

(vii) respiratory therapy equipment;

(viii) electronic diagnostic, therapeutic and life-support systems;new text begin and
new text end

new text begin (ix) allergen-reducing products as described in section 256B.0625, subdivision 65,
paragraph (c), clause (3);
new text end

(5) nonemergency medical transportation level of need determinations, disbursement
of public transportation passes and tokens, and volunteer and recipient mileage and
parking reimbursements; and

(6) drugs.

(b) Rate changes and recipient cost-sharing under this chapter and chapters 256D and
256L do not affect contract payments under this subdivision unless specifically identified.

(c) The commissioner may not utilize volume purchase through competitive bidding
and negotiation for special transportation services under the provisions of chapter 16C.

Sec. 4.

Minnesota Statutes 2014, section 256B.059, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section and sections 256B.058
and 256B.0595, the terms defined in this subdivision have the meanings given them.

(b) "Community spouse" means the spouse of an institutionalized spouse.

deleted text begin (c) "Spousal share" means one-half of the total value of all assets, to the extent that
either the institutionalized spouse or the community spouse had an ownership interest at
the time of the first continuous period of institutionalization.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end "Assets otherwise available to the community spouse" means assets
individually or jointly owned by the community spouse, other than assets excluded by
subdivision 5, paragraph (c).

deleted text begin (e)deleted text endnew text begin (d)new text end "Community spouse asset allowance" is the value of assets that can be
transferred under subdivision 3.

deleted text begin (f)deleted text endnew text begin (e)new text end "Institutionalized spouse" means a person who is:

(1) in a hospital, nursing facility, or intermediate care facility for persons with
developmental disabilities, or receiving home and community-based services under
section 256B.0915, and is expected to remain in the facility or institution or receive the
home and community-based services for at least 30 consecutive days; and

(2) married to a person who is not in a hospital, nursing facility, or intermediate
care facility for persons with developmental disabilities, and is not receiving home and
community-based services under section 256B.0915, 256B.092, or 256B.49.

deleted text begin (g)deleted text endnew text begin (f)new text end "For the sole benefit of" means no other individual or entity can benefit in any
way from the assets or income at the time of a transfer or at any time in the future.

deleted text begin (h)deleted text endnew text begin (g)new text end "Continuous period of institutionalization" means a 30-consecutive-day
period of time in which a person is expected to stay in a medical or long-term care facility,
or receive home and community-based services that would qualify for coverage under
the elderly waiver (EW) or alternative care (AC) programs. For a stay in a facility, the
30-consecutive-day period begins on the date of entry into a medical or long-term care
facility. For receipt of home and community-based services, the 30-consecutive-day
period begins on the date that the following conditions are met:

(1) the person is receiving services that meet the nursing facility level of care
determined by a long-term care consultation;

(2) the person has received the long-term care consultation within the past 60 days;

(3) the services are paid by the EW program under section 256B.0915 or the AC
program under section 256B.0913 or would qualify for payment under the EW or AC
programs if the person were otherwise eligible for either program, and but for the receipt
of such services the person would have resided in a nursing facility; and

(4) the services are provided by a licensed provider qualified to provide home and
community-based services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2016.
new text end

Sec. 5.

Minnesota Statutes 2014, section 256B.059, subdivision 2, is amended to read:


Subd. 2.

Assessment of spousal share.

deleted text beginAt the beginning of the first continuous
period of institutionalization of a person beginning on or after October 1, 1989, at
the request of either the institutionalized spouse or the community spouse, or
deleted text end Upon
application for medical assistancenew text begin benefits for payment of long-term care servicesnew text end, the
total value of assets in which either the institutionalized spouse or the community spouse
deleted text beginhaddeleted text endnew text begin havenew text end an interest deleted text beginat the time of the first period of institutionalization of 30 days or moredeleted text end
shall be assessed and deleted text begindocumented and the spousal share shall be assessed and documenteddeleted text endnew text begin
the community spouse asset allowance calculated as required in subdivision 3
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2016.
new text end

Sec. 6.

Minnesota Statutes 2014, section 256B.059, subdivision 3, is amended to read:


Subd. 3.

Community spouse asset allowance.

An institutionalized spouse may
transfer assets to the community spouse for the sole benefit of the community spouse.
Except for increased amounts allowable under subdivision 4, the maximum amount of
assets allowed to be transferred is the amount which, when added to the assets otherwise
available to the community spouse, is deleted text beginas followsdeleted text endnew text begin the greater ofnew text end:

deleted text begin (1) prior to July 1, 1994, the greater of:
deleted text end

deleted text begin (i) $14,148;
deleted text end

deleted text begin (ii) the lesser of the spousal share or $70,740; or
deleted text end

deleted text begin (iii) the amount required by court order to be paid to the community spouse; and
deleted text end

deleted text begin (2) for persons whose date of initial determination of eligibility for medical
assistance following their first continuous period of institutionalization occurs on or after
July 1, 1994, the greater of:
deleted text end

deleted text begin (i) $20,000;
deleted text end

deleted text begin (ii) the lesser of the spousal share or $70,740; or
deleted text end

deleted text begin (iii) the amount required by court order to be paid to the community spouse.
deleted text end

new text begin (1) $119,220 subject to an annual adjustment equal to the percentage increase in the
Consumer Price Index for All Urban Consumers (all items; United States city average)
between the two previous Septembers; or
new text end

new text begin (2) the amount required by court order to be paid to the community spouse.
new text end

If the assets available to the community spouse are already at the limit permissible
under this section, or the higher limit attributable to increases under subdivision 4, no assets
may be transferred from the institutionalized spouse to the community spouse. The transfer
must be made as soon as practicable after the date the institutionalized spouse is determined
eligible for medical assistance, or within the amount of time needed for any court order
required for the transfer. deleted text beginOn January 1, 1994, and every January 1 thereafter, the limits in
this subdivision shall be adjusted by the same percentage change in the Consumer Price
Index for All Urban Consumers (all items; United States city average) between the two
previous Septembers. These adjustments shall also be applied to the limits in subdivision 5.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2016.
new text end

Sec. 7.

Minnesota Statutes 2015 Supplement, section 256B.059, subdivision 5, is
amended to read:


Subd. 5.

Asset availability.

(a) At the time of initial determination of eligibility for
medical assistance benefits deleted text beginfollowing the first continuous period of institutionalization
on or after October 1, 1989
deleted text endnew text begin for payment of long-term care servicesnew text end, assets considered
available to the institutionalized spouse shall be the total value of all assets in which either
spouse has an ownership interest, reduced by the deleted text beginfollowingdeleted text end amount deleted text beginfor the community
spouse:
deleted text endnew text begin available to the community spouse under subdivision 3.
new text end

deleted text begin (1) prior to July 1, 1994, the greater of:
deleted text end

deleted text begin (i) $14,148;
deleted text end

deleted text begin (ii) the lesser of the spousal share or $70,740; or
deleted text end

deleted text begin (iii) the amount required by court order to be paid to the community spouse;
deleted text end

deleted text begin (2) for persons whose date of initial determination of eligibility for medical
assistance following their first continuous period of institutionalization occurs on or after
July 1, 1994, the greater of:
deleted text end

deleted text begin (i) $20,000;
deleted text end

deleted text begin (ii) the lesser of the spousal share or $70,740; or
deleted text end

deleted text begin (iii) the amount required by court order to be paid to the community spouse.
deleted text end

The value of assets transferred for the sole benefit of the community spouse under section
256B.0595, subdivision 4, in combination with other assets available to the community
spouse under this section, cannot exceed the limit for the community spouse asset
allowance determined under subdivision 3 or 4. Assets that exceed this allowance shall
be considered available to the institutionalized spouse. If the community spouse asset
allowance has been increased under subdivision 4, then the assets considered available to
the institutionalized spouse under this subdivision shall be further reduced by the value of
additional amounts allowed under subdivision 4.

(b) An institutionalized spouse may be found eligible for medical assistance even
though assets in excess of the allowable amount are found to be available under paragraph
(a) if the assets are owned jointly or individually by the community spouse, and the
institutionalized spouse cannot use those assets to pay for the cost of care without the
consent of the community spouse, and if: (i) the institutionalized spouse assigns to the
commissioner the right to support from the community spouse under section 256B.14,
subdivision 3
; (ii) the institutionalized spouse lacks the ability to execute an assignment
due to a physical or mental impairment; or (iii) the denial of eligibility would cause an
imminent threat to the institutionalized spouse's health and well-being.

(c) After the month in which the institutionalized spouse is determined eligible for
medical assistance, during the continuous period of institutionalization, no assets of the
community spouse are considered available to the institutionalized spouse, unless the
institutionalized spouse has been found eligible under paragraph (b).

(d) Assets determined to be available to the institutionalized spouse under this
section must be used for the health care or personal needs of the institutionalized spouse.

(e) For purposes of this section, assets do not include assets excluded under the
Supplemental Security Income program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2016.
new text end

Sec. 8.

Minnesota Statutes 2014, section 256B.059, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Temporary application. new text end

new text begin (a) During the period in which rules against
spousal impoverishment are temporarily applied according to section 2404 of the Patient
Protection Affordable Care Act, Public Law 111-148, as amended by the Health Care and
Education Reconciliation Act of 2010, Public Law 111-152, this section applies to an
institutionalized spouse:
new text end

new text begin (1) applying for home and community-based waivers under sections 256B.092,
256B.093, and 256B.49 on or after June 1, 2016;
new text end

new text begin (2) enrolled in home and community-based waivers under sections 256B.092,
256B.093, and 256B.49 before June 1, 2016; or
new text end

new text begin (3) applying for services under section 256B.85 upon the effective date of that section.
new text end

new text begin (b) During the applicable period of paragraph (a), the definition of "institutionalized
spouse" in subdivision 1, paragraph (f), also includes an institutionalized spouse
referenced in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2016.
new text end

Sec. 9.

Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 31,
is amended to read:


Subd. 31.

Medical supplies and equipment.

(a) Medical assistance covers medical
supplies and equipment. Separate payment outside of the facility's payment rate shall
be made for wheelchairs and wheelchair accessories for recipients who are residents
of intermediate care facilities for the developmentally disabled. Reimbursement for
wheelchairs and wheelchair accessories for ICF/DD recipients shall be subject to the same
conditions and limitations as coverage for recipients who do not reside in institutions. A
wheelchair purchased outside of the facility's payment rate is the property of the recipient.

(b) Vendors of durable medical equipment, prosthetics, orthotics, or medical supplies
must enroll as a Medicare provider.

(c) When necessary to ensure access to durable medical equipment, prosthetics,
orthotics, or medical supplies, the commissioner may exempt a vendor from the Medicare
enrollment requirement if:

(1) the vendor supplies only one type of durable medical equipment, prosthetic,
orthotic, or medical supply;

(2) the vendor serves ten or fewer medical assistance recipients per year;

(3) the commissioner finds that other vendors are not available to provide same or
similar durable medical equipment, prosthetics, orthotics, or medical supplies; and

(4) the vendor complies with all screening requirements in this chapter and Code of
Federal Regulations, title 42, part 455. The commissioner may also exempt a vendor from
the Medicare enrollment requirement if the vendor is accredited by a Centers for Medicare
and Medicaid Services approved national accreditation organization as complying with
the Medicare program's supplier and quality standards and the vendor serves primarily
pediatric patients.

(d) Durable medical equipment means a device or equipment that:

(1) can withstand repeated use;

(2) is generally not useful in the absence of an illness, injury, or disability; and

(3) is provided to correct or accommodate a physiological disorder or physical
condition or is generally used primarily for a medical purpose.

(e) Electronic tablets may be considered durable medical equipment if the electronic
tablet will be used as an augmentative and alternative communication system as defined
under subdivision 31a, paragraph (a). To be covered by medical assistance, the device
must be locked in order to prevent use not related to communication.

(f) Notwithstanding the requirement in paragraph (e) that an electronic tablet must
be locked to prevent use not as an augmentative communication device, a recipient of
waiver services may use an electronic tablet for a use not related to communication when
the recipient has been authorized under the waiver to receive one or more additional
applications that can be loaded onto the electronic tablet, such that allowing the additional
use prevents the purchase of a separate electronic tablet with waiver funds.

new text begin (g) Allergen-reducing products provided according to subdivision 65, paragraph (c),
clause (3), shall be considered durable medical equipment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval, but not before
January 1, 2017. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 10.

Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 58,
is amended to read:


Subd. 58.

Early and periodic screening, diagnosis, and treatment services.

Medical assistance covers early and periodic screening, diagnosis, and treatment services
(EPSDT). The payment amount for a complete EPSDT screening shall not include charges
for health care services and products that are available at no cost to the provider and shall
not exceed the rate established per Minnesota Rules, part 9505.0445, item M, effective
October 1, 2010.new text begin Payment for a complete EPSDT screening rendered on or after July
1, 2016, shall be increased by five percent when provided by a physician, advanced
practice registered nurse, or physician assistant unless otherwise limited by state or
federal regulations.
new text end

Sec. 11.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 65. new text end

new text begin Enhanced asthma care services. new text end

new text begin (a) Medical assistance covers enhanced
asthma care services and related products for children with poorly controlled asthma
according to paragraph (b), to be provided in the children's homes.
new text end

new text begin (b) To be eligible for services and products under this subdivision, a child must:
new text end

new text begin (1) be under 21 years of age;
new text end

new text begin (2) have poorly controlled asthma;
new text end

new text begin (3) have, at least one time in the past year, received health care for the child's asthma
from a hospital emergency department or been hospitalized for the treatment of asthma; and
new text end

new text begin (4) receive a referral for asthma care services and products covered under this
subdivision from a treating health care provider.
new text end

new text begin (c) Covered asthma care services and products include:
new text end

new text begin (1) a home assessment for asthma triggers provided by an enrolled healthy homes
specialist currently credentialed by the National Environmental Health Association;
new text end

new text begin (2) targeted asthma education services in the child's home by an enrolled asthma
educator certified by the National Asthma Educator Certification Board. Asthma
education services provided under this clause include education on self-management,
avoiding asthma triggers, identifying worsening asthma symptoms, and medication uses
and techniques; and
new text end

new text begin (3) allergen-reducing products recommended for the child by the healthy homes
specialist or the certified asthma educator based on the documented allergies for that child
and proven to reduce asthma triggers identified in the child's home assessment, including:
new text end

new text begin (i) encasements for mattresses, box springs, and pillows;
new text end

new text begin (ii) a HEPA vacuum cleaner, filters, and bags;
new text end

new text begin (iii) a dehumidifier and filters;
new text end

new text begin (iv) single-room air cleaners and filters;
new text end

new text begin (v) nontoxic pest control systems, including traps and starter packages of food
storage containers;
new text end

new text begin (vi) a damp mopping system;
new text end

new text begin (vii) if the child does not have access to a bed, a waterproof hospital-grade mattress;
and
new text end

new text begin (viii) furnace filters, for homeowners only.
new text end

new text begin (d)(1) A child is limited to one home assessment and one visit by a certified asthma
educator to provide education on the use and maintenance of the products listed in
paragraph (c), clause (3).
new text end

new text begin (2) A child may receive an additional home assessment if the child moves to a new
home; develops a new asthma trigger, including tobacco smoke; or the child's health
care provider documents a new allergy for the child, including an allergy to mold, pests,
pets, or dust mites.
new text end

new text begin (3) The commissioner shall determine the frequency that a child may receive a product
listed in paragraph (c), clause (3), based on the reasonable expected lifetime of the product.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval, but not before
January 1, 2017. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 12.

Minnesota Statutes 2014, section 256B.76, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Payment for certain preventive medical visits. new text end

new text begin (a) Payment for certain
preventive medical visits rendered on or after July 1, 2016, shall be increased by five
percent, unless otherwise limited by state or federal regulations.
new text end

new text begin (b) For purposes of paragraph (a), preventive medical visits shall be limited to
preventive medicine visits when provided by a physician, advanced practice registered
nurse, or physician assistant.
new text end

Sec. 13.

Minnesota Statutes 2014, section 256B.761, is amended to read:


256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.

(a) Effective for services rendered on or after July 1, 2001, payment for medication
management provided to psychiatric patients, outpatient mental health services, day
treatment services, home-based mental health services, and family community support
services shall be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the
50th percentile of 1999 charges.

(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health
services provided by an entity that operates: (1) a Medicare-certified comprehensive
outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1,
1993, with at least 33 percent of the clients receiving rehabilitation services in the most
recent calendar year who are medical assistance recipients, will be increased by 38 percent,
when those services are provided within the comprehensive outpatient rehabilitation
facility and provided to residents of nursing facilities owned by the entity.

(c) The commissioner shall establish three levels of payment for mental health
diagnostic assessment, based on three levels of complexity. The aggregate payment under
the tiered rates must not exceed the projected aggregate payments for mental health
diagnostic assessment under the previous single rate. The new rate structure is effective
January 1, 2011, or upon federal approval, whichever is later.

(d) In addition to rate increases otherwise provided, the commissioner may
restructure coverage policy and rates to improve access to adult rehabilitative mental
health services under section 256B.0623 and related mental health support services under
section 256B.021, subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and
2016, the projected state share of increased costs due to this paragraph is transferred
from adult mental health grants under sections 245.4661 and 256E.12. The transfer for
fiscal year 2016 is a permanent base adjustment for subsequent fiscal years. Payments
made to managed care plans and county-based purchasing plans under sections 256B.69,
256B.692, and 256L.12 shall reflect the rate changes described in this paragraph.

new text begin (e) Effective for services provided on or after July 1, 2016, payments for outpatient
mental health services shall be increased by five percent. This increase is not applicable
to federally qualified health centers, rural health centers, Indian health services, other
cost-based rates, rates that are negotiated with the county, or rates that are established by
the federal government.
new text end

Sec. 14.

new text begin [256B.7625] REIMBURSEMENT FOR EVIDENCE-BASED PUBLIC
HEALTH NURSE HOME VISITS.
new text end

new text begin Effective for services provided on or after January 1, 2017, prenatal and postpartum
follow-up home visits provided by public health nurses using evidence-based models
shall be paid $140 per visit. Evidence-based postpartum follow-up home visits must
be administered by home visiting programs that meet the United States Department
of Health and Human Services criteria for evidence-based models and identified by
the commissioner of health as eligible services under the Maternal, Infant, and Early
Childhood Home Visiting program. Home visits shall be targeted toward pregnant women
and mothers with children up to three years of age.
new text end

Sec. 15.

Minnesota Statutes 2014, section 256L.01, subdivision 1a, is amended to read:


Subd. 1a.

Child.

"Child" means an individual under 21 years of agedeleted text begin, including the
unborn child of a pregnant woman, an emancipated minor, and an emancipated minor's
spouse
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. 16.

Minnesota Statutes 2015 Supplement, section 256L.01, subdivision 5, is
amended to read:


Subd. 5.

Income.

"Income" has the meaning given for modified adjusted gross
income, as defined in Code of Federal Regulations, title 26, section 1.36B-1, and means
a household's deleted text beginprojected annual income for the applicable tax yeardeleted text endnew text begin current income, or if
income fluctuates month to month, the income for the 12-month eligibility period
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 17.

Minnesota Statutes 2014, section 256L.04, subdivision 1a, is amended to read:


Subd. 1a.

Social Security number required.

deleted text begin(a)deleted text end Individuals and families applying
for MinnesotaCare coverage must provide a Social Security numbernew text begin if required by Code
of Federal Regulations, title 45, section 155.310(a)(3)
new text end.

deleted text begin (b) The commissioner shall not deny eligibility to an otherwise eligible applicant
who has applied for a Social Security number and is awaiting issuance of that Social
Security number.
deleted text end

deleted text begin (c) Newborns enrolled under section 256L.05, subdivision 3, are exempt from the
requirements of this subdivision.
deleted text end

deleted text begin (d) Individuals who refuse to provide a Social Security number because of
well-established religious objections are exempt from the requirements of this subdivision.
The term "well-established religious objections" has the meaning given in Code of Federal
Regulations, title 42, section 435.910.
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. 18.

Minnesota Statutes 2014, section 256L.04, subdivision 2, is amended to read:


Subd. 2.

Third-party liability, paternity, and other medical support.

deleted text begin(a) To be
eligible for MinnesotaCare,
deleted text end Individuals and families deleted text beginmustdeleted text endnew text begin maynew text end cooperate with the state
agency to identify potentially liable third-party payers and assist the state in obtaining
third-party payments. "Cooperation" includes, but is not limited to, complying with
the notice requirements in section 256B.056, subdivision 9, identifying any third party
who may be liable for care and services provided under MinnesotaCare to the enrollee,
providing relevant information to assist the state in pursuing a potentially liable third
party, and completing forms necessary to recover third-party payments.

deleted text begin (b) A parent, guardian, relative caretaker, or child enrolled in the MinnesotaCare
program must cooperate with the Department of Human Services and the local agency in
establishing the paternity of an enrolled child and in obtaining medical care support and
payments for the child and any other person for whom the person can legally assign rights,
in accordance with applicable laws and rules governing the medical assistance program. A
child shall not be ineligible for or disenrolled from the MinnesotaCare program solely
because the child's parent, relative caretaker, or guardian fails to cooperate in establishing
paternity or obtaining medical support.
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. 19.

Minnesota Statutes 2015 Supplement, section 256L.04, subdivision 7b,
is amended to read:


Subd. 7b.

Annual income limits adjustment.

The commissioner shall adjust the
income limits under this section annually deleted text beginon Januarydeleted text endnew text begin each Julynew text end 1 as deleted text beginprovideddeleted text endnew text begin describednew text end in
deleted text beginCode of Federal Regulations, title 26, section 1.36B-1(h)deleted text endnew text begin section 256B.056, subdivision 1cnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 20.

Minnesota Statutes 2014, section 256L.04, subdivision 10, is amended to read:


Subd. 10.

Citizenship requirements.

(a) Eligibility for MinnesotaCare is limited
to citizens or nationals of the United States and lawfully present noncitizens as defined
in Code of Federal Regulations, title deleted text begin8deleted text endnew text begin 45new text end, section deleted text begin103.12deleted text endnew text begin 152.2new text end. Undocumented
noncitizens are ineligible for MinnesotaCare. For purposes of this subdivision, an
undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the United States Citizenship and Immigration Services.
Families with children who are citizens or nationals of the United States must cooperate in
obtaining satisfactory documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.

(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and
individuals who are lawfully present and ineligible for medical assistance by reason of
immigration status and who have incomes equal to or less than 200 percent of federal
poverty guidelines.

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

Minnesota Statutes 2015 Supplement, section 256L.05, subdivision 3a,
is amended to read:


Subd. 3a.

Redetermination of eligibility.

(a) An enrollee's eligibility must be
redetermined on an annual basisnew text begin, in accordance with Code of Federal Regulations, title
42, section 435.916(a)
new text end. deleted text beginThe period of eligibility is the entire calendar year following the
year in which eligibility is redetermined. Beginning in calendar year 2015, eligibility
redeterminations shall occur during the open enrollment period for qualified health plans as
specified in Code of Federal Regulations, title 45, section 155.410.
deleted text endnew text begin The 12-month eligibility
period begins the month of application. Beginning July 1, 2017, the commissioner shall
adjust the eligibility period for enrollees to implement renewals throughout the year
according to guidance from the Centers for Medicare and Medicaid Services.
new text end

(b) Each new period of eligibility must take into account any changes in
circumstances that impact eligibility and premium amount. Coverage begins as provided
in section 256L.06.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 22.

Minnesota Statutes 2015 Supplement, section 256L.06, subdivision 3, is
amended to read:


Subd. 3.

Commissioner's duties and payment.

(a) Premiums are dedicated to the
commissioner for MinnesotaCare.

(b) The commissioner shall develop and implement procedures to: (1) require
enrollees to report changes in income; (2) adjust sliding scale premium payments, based
upon both increases and decreases in enrollee income, at the time the change in income
is reported; and (3) disenroll enrollees from MinnesotaCare for failure to pay required
premiums. Failure to pay includes payment with a dishonored check, a returned automatic
bank withdrawal, or a refused credit card or debit card payment. The commissioner may
demand a guaranteed form of payment, including a cashier's check or a money order, as
the only means to replace a dishonored, returned, or refused payment.

(c) Premiums are calculated on a calendar month basis and may be paid on a
monthly, quarterly, or semiannual basis, with the first payment due upon notice from the
commissioner of the premium amount required. The commissioner shall inform applicants
and enrollees of these premium payment options. Premium payment is required before
enrollment is complete and to maintain eligibility in MinnesotaCare. Premium payments
received before noon are credited the same day. Premium payments received after noon
are credited on the next working day.

(d) Nonpayment of the premium will result in disenrollment from the plan effective
for the calendar month following the month for which the premium was due. Persons
disenrolled for nonpayment may not reenroll prior to the first day of the month following
the payment of an amount equal to two months' premiums.

new text begin (e) The commissioner shall forgive the past-due premium for persons disenrolled
under paragraph (d) prior to issuing a premium invoice for the fourth month following
disenrollment.
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. 23.

Minnesota Statutes 2014, section 256L.07, subdivision 1, is amended to read:


Subdivision 1.

General requirements.

Individuals enrolled in MinnesotaCare
under section 256L.04, subdivision 1, and individuals enrolled in MinnesotaCare under
section 256L.04, subdivision 7, whose income increases above 200 percent of the federal
poverty guidelines, are no longer eligible for the program and shall be disenrolled
by the commissioner. For persons disenrolled under this subdivision, MinnesotaCare
coverage terminates the last day of the calendar month deleted text beginfollowing the monthdeleted text end in which the
commissioner deleted text begindetermines thatdeleted text endnew text begin sends advance notice in accordance with Code of Federal
Regulations, title 42, section 431.211, that indicates
new text end the income of a family or individual
exceeds program income limits.

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.

Minnesota Statutes 2015 Supplement, section 256L.15, subdivision 1, is
amended to read:


Subdivision 1.

Premium determination for MinnesotaCare.

(a) Families with
children and individuals shall pay a premium determined according to subdivision 2.

(b) Members of the military and their families who meet the eligibility criteria
for MinnesotaCare upon eligibility approval made within 24 months following the end
of the member's tour of active duty shall have their premiums paid by the commissioner.
The effective date of coverage for an individual or family who meets the criteria of this
paragraph shall be the first day of the month following the month in which eligibility is
approved. This exemption applies for 12 months.

(c) Beginning July 1, 2009, American Indians enrolled in MinnesotaCare and their
families shall have their premiums waived by the commissioner in accordance with section
5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. An
individual must deleted text begindocumentdeleted text endnew text begin indicatenew text end status as an American Indian, as defined under Code of
Federal Regulations, title 42, section 447.50, to qualify for the waiver of premiums.new text begin The
commissioner shall accept attestation of an individual's status as an American Indian as
verification until the United States Department of Health and Human Services approves
an electronic data source for this purpose.
new text end

(d) For premiums effective August 1, 2015, and after, the commissioner, after
consulting with the chairs and ranking minority members of the legislative committees
with jurisdiction over human services, shall increase premiums under subdivision 2
for recipients based on June 2015 program enrollment. Premium increases shall be
sufficient to increase projected revenue to the fund described in section 16A.724 by at
least $27,800,000 for the biennium ending June 30, 2017. The commissioner shall publish
the revised premium scale on the Department of Human Services Web site and in the State
Register no later than June 15, 2015. The revised premium scale applies to all premiums
on or after August 1, 2015, in place of the scale under subdivision 2.

(e) By July 1, 2015, the commissioner shall provide the chairs and ranking minority
members of the legislative committees with jurisdiction over human services the revised
premium scale effective August 1, 2015, and statutory language to codify the revised
premium schedule.

(f) Premium changes authorized under paragraph (d) must only apply to enrollees
not otherwise excluded from paying premiums under state or federal law. Premium
changes authorized under paragraph (d) must satisfy the requirements for premiums for
the Basic Health Program under title 42 of Code of Federal Regulations, section 600.505.

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 REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, section 256B.059, subdivision 1a, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2014, sections 256L.04, subdivisions 2a and 8; 256L.22;
256L.24; 256L.26; and 256L.28,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective June 1, 2016. Paragraph (b) is
effective the day following final enactment.
new text end

ARTICLE 2

CHILDREN AND FAMILIES

Section 1.

Minnesota Statutes 2014, section 119B.011, subdivision 6, is amended to
read:


Subd. 6.

Child care fund.

"Child care fund" means a program under this chapter
providing:

(1) financial assistance for child care to new text beginsupport: (i) new text endparents engaged in employment,
job search, or education and training leading to employment, or an at-home infant child
care subsidydeleted text begin;deleted text endnew text begin,new text end andnew text begin (ii) the development and school readiness of children; and
new text end

(2) grants to develop, expand, and improve the access and availability of child
care services statewide.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 119B.011, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin Homeless. new text end

new text begin "Homeless" means a self-declared housing status as defined
in the McKinney-Vento Homeless Assistance Act, United States Code, title 42, section
11302 (section 725 of subtitle VII-B).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 13, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 119B.011, is amended by adding a subdivision
to read:


new text begin Subd. 16a. new text end

new text begin Legal nonlicensed related provider. new text end

new text begin "Legal nonlicensed related
provider" means a legal nonlicensed child care provider under subdivision 16 who only
cares for children related to the provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 5, 2016.
new text end

Sec. 4.

Minnesota Statutes 2014, section 119B.011, is amended by adding a subdivision
to read:


new text begin Subd. 16b. new text end

new text begin Legal nonlicensed unrelated provider. new text end

new text begin "Legal nonlicensed unrelated
provider" means a legal nonlicensed child care provider under subdivision 16 who cares
for children from a single unrelated family or both related children and children from a
single unrelated family.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 5, 2016.
new text end

Sec. 5.

Minnesota Statutes 2014, section 119B.011, subdivision 19, is amended to read:


Subd. 19.

Provider.

new text begin(a) new text end"Provider" means:

(1) an individual or child care center or facility, either licensed new text beginunder chapter 245A
new text endor deleted text beginunlicenseddeleted text endnew text begin certified under section 119B.127new text end, providing legal child care services as
defined under section 245A.03; deleted text beginordeleted text end

(2) an individual or child care center or facility holding a valid child care license
issued by another state or a tribe and providing child care services in the licensing state
or in the area under the licensing tribe's jurisdictiondeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) a legal nonlicensed child care provider as defined under subdivisions 16, 16a,
and 16b providing legal child care services.
new text end

new text begin (b) new text endA deleted text beginlegally unlicensed familydeleted text endnew text begin legal nonlicensednew text end child care provider must be at least
18 years of age, and not a member of the MFIP assistance unit or a member of the family
receiving child care assistance to be authorized under this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 5, 2016.
new text end

Sec. 6.

Minnesota Statutes 2014, section 119B.011, subdivision 20, is amended to read:


Subd. 20.

Transition year families.

"Transition year families" means families who
have received MFIP assistance, or who were eligible to receive MFIP assistance after
choosing to discontinue receipt of the cash portion of MFIP assistance under section
256J.31, subdivision 12, or families who have received DWP assistance under section
256J.95 for at least deleted text beginthreedeleted text endnew text begin onenew text end of the last six months before losing eligibility for MFIP or
DWP. new text beginNotwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090,
subpart 2,
new text endtransition year child care may be used to support new text beginapproved new text endemploymentnew text begin,
education or training programs,
new text end or new text begina new text endjob search. Transition year child care is not available
to families who have been disqualified from MFIP or DWP due to fraud.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 7.

Minnesota Statutes 2014, section 119B.011, subdivision 20a, is amended to read:


Subd. 20a.

Transition year extension families.

"Transition year extension
families" means families who have completed their transition year of child care assistance
under this subdivision and who are eligible for, but on a waiting list for, services under
section 119B.03. For purposes of sections 119B.03, subdivision 3, and 119B.05,
subdivision 1
, clause (2), families participating in extended transition year shall not be
considered transition year families. new text beginNotwithstanding Minnesota Rules, parts 3400.0040,
subpart 10, and 3400.0090, subpart 2,
new text endtransition year extension child care may be used to
support new text beginapproved new text endemploymentnew text begin, education or training programs,new text end or a job search deleted text beginthat meets
the requirements of section 119B.10
deleted text end for the length of time necessary for families to be
moved from the basic sliding fee waiting list into the basic sliding fee program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 8.

Minnesota Statutes 2014, section 119B.02, subdivision 1, is amended to read:


Subdivision 1.

Child care services.

The commissioner shall develop standards for
county and human services boards to provide child care services to enable eligible families
to participate in employment, training, or education programs. Within the limits of
available appropriations, the commissioner shall distribute money to counties to reduce the
costs of child care for eligible families. The commissioner shall adopt rules to govern the
program in accordance with this section. The rules must establish a sliding schedule of fees
for parents receiving child care services. The rules shall provide that funds received as a
lump-sum payment of child support arrearages shall not be counted as income to a family in
the month received but shall be prorated over the 12 months following receipt and added to
the family income during those months. new text beginThe commissioner may establish how frequently
expedited application processing timelines are used for an applicant who declares they
are homeless.
new text endThe commissioner shall maximize the use of federal money under title I
and title IV of Public Law 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, and other programs that provide federal or state reimbursement
for child care services for low-income families who are in education, training, job search,
or other activities allowed under those programs. Money appropriated under this section
must be coordinated with the programs that provide federal reimbursement for child care
services to accomplish this purpose. Federal reimbursement obtained must be allocated to
the county that spent money for child care that is federally reimbursable under programs
that provide federal reimbursement for child care services. The counties shall use the
federal money to expand child care services. The commissioner may adopt rules under
chapter 14 to implement and coordinate federal program requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 13, 2017.
new text end

Sec. 9.

Minnesota Statutes 2014, section 119B.02, subdivision 5, is amended to read:


Subd. 5.

Program integrity.

For child care assistance programs under this
chapter, the commissioner shall enforce the requirements for program integrity and fraud
prevention investigations under new text beginchapter 245E and new text endsections 256.046, 256.98, and 256.983.

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 2014, section 119B.02, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Contracts with child care providers. new text end

new text begin The commissioner may enter
into contractual agreements with child care providers as defined in section 119B.011,
subdivision 19, to waive policies in this chapter for eligible applicants or providers,
subject to applicable federal regulations and requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 11.

Minnesota Statutes 2015 Supplement, section 119B.025, subdivision 1,
is amended to read:


Subdivision 1.

deleted text beginFactors which must be verifieddeleted text endnew text begin Applicationsnew text end.

(a) The county shall
verify the following at all initial child care applications using the universal application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible
relative caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) income;

(8) spousal support and child support payments made to persons outside the
household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) deleted text beginIf a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child care
addendum at its next eligibility redetermination and the county must verify the factors
listed in paragraph (a) as part of that redetermination. Once a family has completed a
universal application or child care addendum, the county shall use the redetermination
form described in paragraph (c) for that family's subsequent redeterminations. Eligibility
must be redetermined at least every six months. A family is considered to have met the
eligibility redetermination requirement if a complete redetermination form and all required
verifications are received within 30 days after the date the form was due. When the 30th
day after the date the form was due falls on a Saturday, Sunday, or legal holiday, the 30-day
time period is extended to include the next succeeding day that is not a Saturday, Sunday,
or legal holiday. Assistance shall be payable retroactively from the redetermination due
date. For a family where at least one parent is under the age of 21, does not have a high
school or general equivalency diploma, and is a student in a school district or another
similar program that provides or arranges for child care, as well as parenting, social
services, career and employment supports, and academic support to achieve high school
graduation, the redetermination of eligibility shall be deferred beyond six months, but not
to exceed 12 months, to the end of the student's school year. If a family reports a change
in an eligibility factor before the family's next regularly scheduled redetermination, the
county must recalculate eligibility without requiring verification of any eligibility factor
that did not change. Changes must be reported as required by section 256P.07. A change
in income occurs on the day the participant received the first payment reflecting the
change in income.
deleted text endnew text begin The county must mail a notice of approval or denial of assistance to the
applicant within 30 calendar days after receiving the application. The county may extend
the response time by 15 calendar days if the applicant is informed of the extension.
new text end

(c) deleted text beginThe commissioner shall develop a redetermination form to redetermine eligibility
and a change report form to report changes that minimize paperwork for the county and
the participant.
deleted text endnew text begin The county must provide a notice of approval or denial of assistance to
the applicant who declares that the applicant is homeless and who meets the definition
of homeless under this chapter within five working days after receiving the application.
Verifications required by paragraph (a) are not due prior to issuing the notice of approval
or denial. Proof of eligibility must be submitted within three months of the date the
application was received. If proof of eligibility is not submitted within three months,
eligibility ends. A 15-day adverse action notice is required to end eligibility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (b) are effective January 2, 2017.
Paragraph (c) is effective March 13, 2017.
new text end

Sec. 12.

Minnesota Statutes 2014, section 119B.025, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Redeterminations. new text end

new text begin (a) Notwithstanding Minnesota Rules, part 3400.0180,
item A, the county shall redetermine eligibility according to paragraphs (b) to (f).
new text end

new text begin (b) If a family did not use the universal application or child care addendum to apply
for child care assistance, the family must complete the universal application or child care
addendum at the family's next eligibility redetermination and the county must verify the
factors listed in subdivision 1, paragraph (a), as part of that redetermination.
new text end

new text begin (c) Once a family has completed a universal application or child care addendum, the
county shall use the redetermination form for the family's subsequent redeterminations.
new text end

new text begin (d) Eligibility must be redetermined no more frequently than every 12 months.
The following apply:
new text end

new text begin (1) a county must receive a family's complete redetermination form and required
verifications within 30 days after the date the form was due. When the 30th day after the
date the form was due falls on a Saturday, Sunday, or legal holiday, the 30-day time period is
extended to include the next succeeding day that is not a Saturday, Sunday, or legal holiday.
Assistance shall be payable retroactively from the redetermination due date. If the county
does not timely receive the completed redetermination form and required verifications, the
family is not eligible for child care assistance. Eligibility ends on the day the form was due;
new text end

new text begin (2) for a family where at least one parent is under 21 years of age and who does not
have a high school or general equivalency diploma and is a student in a school district
or another similar program that provides or arranges for child care, parenting, social
services, career and employment supports, and academic support to achieve high school
graduation, eligibility redetermination may be deferred beyond 12 months, to the end
of the student's school year; and
new text end

new text begin (3) a family and the family's providers must be notified that the family's
redetermination is due at least 45 days before the end of the family's 12-month eligibility
period.
new text end

new text begin (e) At redetermination, if a family's income is greater than 67 percent and less
than or equal to 85 percent of the state median income, adjusted for family size, the
family remains eligible for child care assistance for 12 additional months. The family's
co-payment fee after redetermination is the largest co-payment fee for their family size.
new text end

new text begin (f) At redetermination, if a family's income is greater than 85 percent of the state
median income, adjusted for family size, the family is not eligible for child care assistance.
Eligibility ends following the 15-day adverse action notice requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 13.

Minnesota Statutes 2014, section 119B.025, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Changes. new text end

new text begin (a) The county shall process changes to eligibility factors
according to the following standards:
new text end

new text begin (1) changes must be reported according to section 256P.07;
new text end

new text begin (2) if a family reports a change or change is known to the agency before the family's
next scheduled redetermination, the county must determine whether the change affects the
family's eligibility or benefits and whether changes need to be verified;
new text end

new text begin (3) a change in income occurs on the day the participant received the first payment
reflecting the income change;
new text end

new text begin (4) during a family's 12-month eligibility period, if the family's income remains at
or below 85 percent of the state median income, adjusted for family size, the family's
eligibility does not change. Verification of the change shall not be requested. A family's
co-payment fee shall not increase during the remaining portion of the 12-month eligibility
period; and
new text end

new text begin (5) during a family's 12-month eligibility period, if the family's income exceeds 85
percent of the state median income, adjusted for family size, the family is not eligible for
child care assistance. The family must be given 15 calendar days to provide verification
of the change before action is taken regarding the family's eligibility. If the required
verification is not returned or confirms ineligibility, the family's eligibility ends following
the 15-day adverse action notice requirements.
new text end

new text begin (b) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170,
subpart 1, when an applicant or participant reports their employment ended, the agency may
accept a signed statement from the individual as verification that their employment ended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a), clauses (1) to (3), are effective retroactively
from August 1, 2016. Paragraphs (a), clauses (4) and (5), and (b), are effective January
2, 2017.
new text end

Sec. 14.

Minnesota Statutes 2014, section 119B.025, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Forms. new text end

new text begin The commissioner shall develop a form to redetermine eligibility
and a form to report changes to minimize paperwork for the county and the participant.
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. 15.

Minnesota Statutes 2014, section 119B.03, subdivision 3, is amended to read:


Subd. 3.

Eligible participants.

Families that meet the eligibility requirements
under sections deleted text begin119B.07,deleted text end 119B.09deleted text begin,deleted text end and 119B.10, except MFIP participants, diversionary
work program, and transition year familiesnew text begin,new text end are eligible for child care assistance under
the basic sliding fee program. Families enrolled in the basic sliding fee program shall be
continued until they are no longer eligible. Child care assistance provided through the
child care fund is considered assistance to the parent.

Sec. 16.

Minnesota Statutes 2014, section 119B.03, subdivision 9, is amended to read:


Subd. 9.

Portability pool.

(a) The commissioner shall establish a pool of up to five
percent of the annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota counties. At the
end of each allocation period, any unspent funds in the portability pool must be used for
assistance under the basic sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must be reduced to cover
these shortages.

(b) To be eligible for portable basic sliding fee assistance, a family that has moved
from a county in which it was receiving basic sliding fee assistance to a county with a
waiting list for the basic sliding fee program must:

(1) meet the income and eligibility guidelines for the basic sliding fee program; and

(2) notify the new county of residence within 60 days of moving and submit
information to the new county of residence to verify eligibility for the basic sliding fee
program.

(c) The receiving county must:

(1) accept administrative responsibility for applicants for portable basic sliding fee
assistance at the end of the two months of assistance under the Unitary Residency Act;

(2) continue new text beginportability pool new text endbasic sliding fee assistance deleted text beginfor the lesser of six months
or
deleted text end until the family is able to receive assistance under the county's regular basic sliding
program; and

(3) notify the commissioner through the quarterly reporting process of any family
that meets the criteria of the portable basic sliding fee assistance pool.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 17.

Minnesota Statutes 2014, section 119B.09, subdivision 1, is amended to read:


Subdivision 1.

General eligibility requirements deleted text beginfor all applicants for child
care assistance
deleted text end.

(a) Child care services must be available to families who need child
care to find or keep employment or to obtain the training or education necessary to find
employment and who:

(1) have household income less than or equal to 67 percent of the state median
income, adjusted for family size, new text beginat application and redetermination, new text endand meet the
requirements of section 119B.05; receive MFIP assistance; and are participating in
employment and training services under chapter 256J; or

(2) have household income less than or equal to 47 percent of the state median income,
adjusted for family size, at deleted text beginprogram entrydeleted text endnew text begin applicationnew text end and less than or equal to 67 percent
of the state median income, adjusted for family size, at deleted text beginprogram exitdeleted text endnew text begin redeterminationnew text end.

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a condition
of program eligibility. For purposes of this section, a family is considered to meet the
requirement for cooperation when the family complies with the requirements of section
256.741.

new text begin (d) At application and redetermination, a family must self-certify that the family's
assets are less than or equal to $1,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective January 2, 2017. Paragraph (d) is
effective March 13, 2017.
new text end

Sec. 18.

Minnesota Statutes 2015 Supplement, section 119B.09, subdivision 4, is
amended to read:


Subd. 4.

Eligibility; annual income; calculation.

Annual income of the applicant
family is the current monthly income of the family multiplied by 12 or the income for
the 12-month period immediately preceding the date of application, or income calculated
by the method which provides the most accurate assessment of income available to the
family. Self-employment income must be calculated based on deleted text begingross receipts less operating
expenses. Income must be recalculated when the family's income changes, but no less
often than every six months. For a family where at least one parent is under the age of
21, does not have a high school or general equivalency diploma, and is a student in a
school district or another similar program that provides or arranges for child care, as well
as parenting, social services, career and employment supports, and academic support to
achieve high school graduation, income must be recalculated when the family's income
changes, but otherwise shall be deferred beyond six months, but not to exceed 12 months,
to the end of the student's school year
deleted text endnew text begin section 256P.05. Income changes are processed
under section 119B.025, subdivision 4
new text end. Included lump sums counted as income under
section 256P.06, subdivision 3, must be annualized over 12 months. Income must be
verified with documentary evidence. If the applicant does not have sufficient evidence of
income, verification must be obtained from the source of the income.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 19.

Minnesota Statutes 2014, section 119B.09, subdivision 6, is amended to read:


Subd. 6.

Maximum child care assistance.

new text begin(a) new text endThe maximum amount of child care
assistance a local agency may pay for in a two-week period is 120 hours per child.

new text begin (b) Parents may choose one primary provider and one secondary provider paid per
child by child care assistance. The amount of care authorized for and paid to a child's
secondary provider is limited under sections 119B.10, subdivision 7, and 119B.13,
subdivisions 1 and 1a. The commissioner shall develop guidelines to allow for a change
of providers during a service period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 5, 2017.
new text end

Sec. 20.

Minnesota Statutes 2014, section 119B.09, subdivision 7, is amended to read:


Subd. 7.

Date of eligibility for assistance.

(a) The date of eligibility for child care
assistance under this chapter is the later of the date the application was received by the
county; the beginning date of employment, education, or training; the date the infant is
born for applicants to the at-home infant care program; or the date a determination has
been made that the applicant is a participant in employment and training services under
Minnesota Rules, part 3400.0080, or chapter 256J.

(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section 119B.035.
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP or DWP participants in employment and training services is effective
the date of commencement of the services or the date of MFIP or DWP eligibility,
whichever is later. Payment of child care assistance for transition year child care must be
made retroactive to the date of eligibility for transition year child care.

(c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05 may only be made retroactive for a maximum of deleted text beginsixdeleted text endnew text begin threenew text end
months from the date of application for child care assistance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 22, 2017.
new text end

Sec. 21.

Minnesota Statutes 2014, section 119B.09, subdivision 9a, is amended to read:


Subd. 9a.

Child care centers; assistance.

deleted text begin (a) For the purposes of this subdivision,
"qualifying child" means a child who is not a child or dependent of an employee of the
child care provider.
deleted text end new text begin A licensed and license-exempt child care center owner or employee is
not eligible to receive child care subsidies under this chapter for a child in their family at a
child care center where they are an employee or a controlling individual under section
245A.02, subdivision 5a. Child care center owners and center employees are eligible to
receive child care assistance subsidies for a child in their family when the child attends a
provider where they are not an employee or a controlling individual.
new text end

deleted text begin (b) Funds distributed under this chapter must not be paid for child care services that
are provided for a child or dependent of an employee under paragraph (a) unless at all
times at least 50 percent of the children for whom the child care provider is providing care
are qualifying children under paragraph (a).
deleted text end

deleted text begin (c) If a child care provider satisfies the requirements for payment under paragraph
(b), but the percentage of qualifying children under paragraph (a) for whom the provider
is providing care falls below 50 percent, the provider shall have four weeks to raise the
percentage of qualifying children for whom the provider is providing care to at least 50
percent before payments to the provider are discontinued for child care services provided
for a child who is not a qualifying child.
deleted text end

deleted text begin (d) This subdivision shall be implemented as follows:
deleted text end

deleted text begin (1) no later than August 1, 2014, the commissioner shall issue a notice to providers
who have been identified as ineligible for funds distributed under this chapter as described
in paragraph (b); and
deleted text end

deleted text begin (2) no later than January 5, 2015, payments to providers who do not comply with
paragraph (c) will be discontinued for child care services provided for children who are
not qualifying children.
deleted text end

deleted text begin (e) If a child's authorization for child care assistance is terminated under this
subdivision, the county shall send a notice of adverse action to the provider and to the
child's parent or guardian, including information on the right to appeal, under Minnesota
Rules, part 3400.0185.
deleted text end

deleted text begin (f) Funds paid to providers during the period of time between the issuance of a
notice under paragraph (d), clause (1), and discontinuation of payments under paragraph
(d), clause (2), must not be treated as overpayments under section 119B.11, subdivision
2a
, due to noncompliance with this subdivision.
deleted text end

deleted text begin (g) Nothing in this subdivision precludes the commissioner from conducting
fraud investigations relating to child care assistance, imposing sanctions, and obtaining
monetary recovery as otherwise provided by law.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 5, 2017.
new text end

Sec. 22.

Minnesota Statutes 2014, section 119B.10, is amended to read:


119B.10 EMPLOYMENTnew text begin, EDUCATION,new text end OR TRAINING ELIGIBILITY.

Subdivision 1.

Assistance for persons seeking and retaining employment.

(a)
new text beginApplicants who are job searching and eligible for child care assistance under this chapter
are eligible for 60 hours of child care assistance per service period for three months from
the date of eligibility. Job searching at initial application is allowed one time per 12-month
period. The parent must meet employment requirements under paragraph (c), or education
requirements under subdivision 3, or have an MFIP or DWP employment plan to continue
receiving child care assistance after the initial three months.
new text end

deleted text begin Persons who are seeking employmentdeleted text endnew text begin (b) Participants who meet the employment
requirements of paragraph (c) or who are attending an approved education or training
program
new text end and who are deleted text begineligible fordeleted text endnew text begin receiving child carenew text end assistance under this deleted text beginsectiondeleted text endnew text begin chapternew text end
are eligible to receive deleted text beginup to 240deleted text endnew text begin an additional tennew text end hours of child care assistance per
deleted text begincalendar yeardeleted text endnew text begin service period for job searchingnew text end.

deleted text begin (b)deleted text endnew text begin (c) At application and redetermination,new text end employed persons who work at least an
average of 20 hours and full-time students who work at least an average of ten hours a week
and receive at least a minimum wage for all hours worked are eligible for deleted text begincontinued deleted text endchild
care assistance for employment. For purposes of this section, work-study programs must be
counted as employment. new text beginEmployed persons with an MFIP or DWP employment plan shall
receive child care assistance as specified in their employment plan.
new text endChild care assistance
during employment must be authorized as provided in paragraphs deleted text begin(c) anddeleted text end (d)new text begin to (i)new text end.

deleted text begin (c)deleted text endnew text begin (d)new text end When the person works for an hourly wage and the hourly wage is equal to or
greater than the applicable minimum wage, child care assistance shall be provided for the
deleted text beginactualdeleted text end hours of employment, break, and mealtime during the employment and travel time
up to two hours per day.

deleted text begin (d)deleted text endnew text begin (e)new text end When the person does not work for an hourly wage, child care assistance
must be provided for the lesser of:

(1) the amount of child care determined by dividing gross earned incomenew text begin or for a
self-employed person the self-employment income determined under section 256P.05,
subdivision 2,
new text end by the applicable minimum wage, up to one hour every eight hours for
meals and break time, plus up to two hours per day for travel time; or

(2) the amount of child care equal to the actual amount of child care used during
employment, including break and mealtime during employment, and travel time up to
two hours per day.

new text begin (f) When authorizing the amount of care, the county agency must consider the
amount of time the parent reports on the application or redetermination form that the
child attends preschool, a Head Start program, or school while the parent is participating
in an authorized activity.
new text end

new text begin (g) Care must be authorized and scheduled with a provider based on the applicant's
or participant's verified activity schedule when:
new text end

new text begin (1) the family requests care from more than one provider per child; or
new text end

new text begin (2) the family requests a legal nonlicensed provider.
new text end

new text begin (h) When the conditions in paragraph (g) do not apply, the applicant's or participant's
activity schedule does not need to be verified and the amount of child care assistance
authorized can be used at times determined by the family.
new text end

new text begin (i) If the family remains eligible at redetermination, a new authorization with fewer
hours, the same hours, or increased hours may be determined.
new text end

Subd. 2.

Financial eligibility required.

Persons participating in employment
programs, training programs, or education programs are eligible for continued assistance
from the child care fund, if they are financially eligible under the sliding fee scale set
by the commissioner in section 119B.12.

new text begin Subd. 3. new text end

new text begin Assistance for persons attending an approved education or training
program.
new text end

new text begin (a) Money for eligible persons according to sections 119B.03, subdivision
3, and 119B.05, subdivision 1, shall be used to reduce child care costs for students,
including child care costs for students who are employed if also enrolled in an eligible
education program and making satisfactory progress toward completion of the program.
Counties shall not limit the duration of child care subsidies for a person in an employment
or educational program unless the person is ineligible for child care funds. Any other
limitation must be based on county policies included in the approved child care plan.
new text end

new text begin (b) To be eligible, the student must be in good standing and making satisfactory
progress toward the degree. The maximum length of time a student is eligible for child
care assistance under the child care fund for education and training is no more than the
time necessary to complete the credit requirements for an associate or baccalaureate degree
as determined by the educational institution. Time limitations for child care assistance do
not apply to basic or remedial educational programs needed for postsecondary education
or employment. These programs include high school, general equivalency diploma,
and English as a second language. Programs exempt from this time limit must not run
concurrently with a postsecondary program.
new text end

new text begin (c) If a student meets the conditions of paragraphs (a) and (b), child care assistance
must be authorized for all hours of class time and credit hours, including independent
study and internships, and up to two hours of travel time per day. Postsecondary students
shall receive four hours of child care assistance per credit hour for study time and
academic appointments per service period.
new text end

new text begin (d) For an MFIP or DWP participant, child care assistance must be authorized
according to the person's employment plan. If an MFIP or DWP participant receiving
MFIP or DWP child care assistance under this chapter moves to another county, continues
to participate in authorized educational or training programs, and remains eligible for
MFIP or DWP child care assistance, the participant must receive continued child care
assistance from the county responsible for the participant's current employment plan
under section 256G.07.
new text end

new text begin (e) When authorizing the amount of care, the county agency must consider the
amount of time the parent reports on the application or redetermination form that the
child attends preschool, a Head Start program, or school while the parent is participating
in an authorized activity.
new text end

new text begin (f) Care must be authorized and scheduled with a provider based on the applicant's
or participant's verified activity schedule when the family requests:
new text end

new text begin (1) care from more than one provider per child; or
new text end

new text begin (2) a legal nonlicensed provider.
new text end

new text begin (g) When the conditions in paragraph (f) do not apply, the applicant's or participant's
activity schedule does not need to be verified and the amount of child care assistance
authorized may be used at times determined by the family.
new text end

new text begin (h) If the family remains eligible at redetermination, a new authorization with fewer
hours, the same hours, or increased hours may be determined.
new text end

new text begin Subd. 4. new text end

new text begin Assistance for persons who are homeless. new text end

new text begin Applicants who are homeless
and eligible for child care assistance under this chapter are eligible for 60 hours of child
care assistance per service period for three months from the date the application is
received. Additional hours may be authorized as needed based on the parent's participation
in employment, education, or MFIP or DWP employment plan. To continue receiving
child care assistance after the initial three months, the parent must meet eligibility
requirements of this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Maintain steady child care authorizations. new text end

new text begin (a) Notwithstanding
Minnesota Rules, chapter 3400, the amount of child care authorized for employment
under subdivision 1, paragraph (c), education under subdivision 3, or an MFIP or DWP
employment plan, shall continue at a constant level until redetermination.
new text end

new text begin (b) If the other parent moves in and is employed and has an approved education
or MFIP or DWP employment plan, the amount of care authorized shall continue at a
constant level until redetermination.
new text end

new text begin (c) The amount of child care authorized shall not decrease when a participant's work
hours are reduced or a participant temporarily stops working or attending an approved
education program. Temporary changes include, but are not limited to, a medical leave,
seasonal employment fluctuations, or a school break between semesters. Families subject
to subdivisions 1, paragraph (g), and 3, paragraph (f), are exempt from this paragraph.
new text end

new text begin (d) The amount of child care authorized can increase at any time if the participant
verifies the need for increased hours for authorized activities.
new text end

new text begin (e) The amount of child care authorized can be reduced if a parent requests a
reduction or due to a change in:
new text end

new text begin (1) the child's school schedule;
new text end

new text begin (2) the custody schedule; or
new text end

new text begin (3) the provider's availability.
new text end

new text begin (f) The amount of child care authorized for families subject to subdivisions 1,
paragraph (g), and 3, paragraph (f), must change when the participant's activity schedule
changes.
new text end

new text begin (g) When a child becomes 13 years of age or a child with a disability becomes 15
years of age, the amount of child care authorized shall continue at a constant level until
redetermination.
new text end

new text begin (h) If the family remains eligible at redetermination, the amount of child care
authorized is based on subdivisions 1 and 3.
new text end

new text begin Subd. 6. new text end

new text begin Extended eligibility. new text end

new text begin (a) A participant whose employment or education
program ends permanently, and who meets all other eligibility requirements under this
chapter, shall be eligible for child care assistance authorized at a constant level for up to
three months until the participant begins another authorized activity or redetermination,
whichever occurs first. When the other parent moves in and does not participate in an
authorized activity, and the family meets all other eligibility requirements under this
chapter, the family shall be eligible for child care assistance authorized at a constant
level for up to three months until the other parent begins an authorized activity or
redetermination, whichever occurs first.
new text end

new text begin (b) If the family received three months of extended eligibility and redetermination is
not due, to continue receiving child care assistance the participant must be employed or
have an approved education or MFIP or DWP employment plan. If child care assistance
continues, the amount of child care authorized shall continue at a constant level until
redetermination unless a condition in subdivision 5, paragraph (e), applies. If the
participant's new activity requires more child care hours be authorized, the increased hours
of activity participation must be verified. Families subject to subdivision 1, paragraph
(g), or 3, paragraph (f), shall have child care assistance authorized based on a verified
activity schedule.
new text end

new text begin (c) If the family's redetermination is before the end of the three-month extended
eligibility period to continue receiving child care assistance, the participant must meet
all eligibility requirements of this chapter. If child care assistance continues, the amount
of child care authorized is based on subdivision 1 or 3, or the approved MFIP or DWP
employment plan. Families subject to subdivision 1, paragraph (g), or 3, paragraph (f),
shall have child care authorized based on a verified activity schedule.
new text end

new text begin Subd. 7. new text end

new text begin Authorization with a secondary provider. new text end

new text begin Care authorized with a
secondary provider shall not exceed 20 hours per service period per child. The total
amount of care authorized with both a primary and a secondary provider shall not exceed
the amount of care a child is eligible to receive.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) Subdivision 1, paragraph (e), clause (1), is effective
January 2, 2017.
new text end

new text begin (b) Subdivisions 1, paragraphs (a) to (d) and (f) to (i); 3; 5, paragraphs (a) to (f)
and (h); and 6, are effective May 22, 2017.
new text end

new text begin (c) Subdivision 4 is effective March 13, 2017.
new text end

new text begin (d) Subdivision 5, paragraph (g), is effective October 10, 2016.
new text end

new text begin (e) Subdivision 7 is effective June 5, 2017.
new text end

Sec. 23.

Minnesota Statutes 2014, section 119B.11, subdivision 2a, is amended to read:


Subd. 2a.

Recovery of overpayments.

(a) An amount of child care assistance
paid to a recipient in excess of the payment due is recoverable by the county agency
under paragraphs (b) and (c), even when the overpayment was caused by agency error or
circumstances outside the responsibility and control of the family or provider.

(b)new text begin(1)new text end An overpayment must be recouped or recovered from the family if the
overpayment benefited the family by causing the family to pay less for child care expenses
than the family otherwise would have been required to pay under child care assistance
program requirements. new text beginFamily overpayments must be established and recovered according
to clauses (1) to (4). The overpayment must not be established or collected when:
new text end

new text begin (i) the overpayment is estimated to be less than $500;
new text end

new text begin (ii) the overpayment occurred more than one year before the date of the overpayment
determination;
new text end

new text begin (iii) the first three months of an overpayment occurred because of a failure to report
the permanent end to the parent's activity; or
new text end

new text begin (iv) the overpayment is designated solely as agency error.
new text end

new text begin (2) new text endIf the family remains eligible for child care assistancenew text begin and an overpayment is
established
new text end, the overpayment must be recovered through recoupment as identified in
Minnesota Rules, part 3400.0187, except that the overpayments must be calculated and
collected on a service period basis. deleted text beginIf the family no longer remains eligible for child
care assistance, the county may choose to initiate efforts to recover overpayments from
the family for overpayment less than $50.
deleted text end

deleted text begin If the overpayment is greater than or equal to $50deleted text endnew text begin (3) If the family is no longer
eligible for child care assistance and an overpayment is established
new text end, the county shall seek
voluntary repayment of the overpayment from the family.

new text begin (4) new text endIf the county is unable to recoup the overpayment through voluntary repayment,
the county shall initiate civil court proceedings to recover the overpayment unless the
county's costs to recover the overpayment will exceed the amount of the overpayment.

new text begin (5) new text endA family with an outstanding debt under this subdivision is not eligible for
child care assistance until:

deleted text begin (1)deleted text endnew text begin (i)new text end the debt is paid in full; or

deleted text begin (2)deleted text endnew text begin (ii)new text end satisfactory arrangements are made with the county to retire the debt
consistent with the requirements of this chapter and Minnesota Rules, chapter 3400, and
the family is in compliance with the arrangements.

(c) The county must recover an overpayment from a provider if the overpayment did
not benefit the family by causing it to receive more child care assistance or to pay less
for child care expenses than the family otherwise would have been eligible to receive
or required to pay under child care assistance program requirements, and benefited the
provider by causing the provider to receive more child care assistance than otherwise
would have been paid on the family's behalf under child care assistance program
requirements. If the provider continues to care for children receiving child care assistance,
the overpayment must be recovered through reductions in child care assistance payments
for services as described in an agreement with the county. The provider may not charge
families using that provider more to cover the cost of recouping the overpayment. If the
provider no longer cares for children receiving child care assistance, the county may
choose to initiate efforts to recover overpayments of less than $50 from the provider. If the
overpayment is greater than or equal to $50, the county shall seek voluntary repayment of
the overpayment from the provider. If the county is unable to recoup the overpayment
through voluntary repayment, the county shall initiate civil court proceedings to recover
the overpayment unless the county's costs to recover the overpayment will exceed the
amount of the overpayment. A provider with an outstanding debt under this subdivision is
not eligible to care for children receiving child care assistance until:

(1) the debt is paid in full; or

(2) satisfactory arrangements are made with the county to retire the debt consistent
with the requirements of this chapter and Minnesota Rules, chapter 3400, and the provider
is in compliance with the arrangements.

(d) When both the family and the provider acted together to intentionally cause the
overpayment, both the family and the provider are jointly liable for the overpayment
regardless of who benefited from the overpayment. The county must recover the
overpayment as provided in paragraphs (b) and (c). When the family or the provider is in
compliance with a repayment agreement, the party in compliance is eligible to receive
child care assistance or to care for children receiving child care assistance despite the
other party's noncompliance with repayment arrangements.

new text begin (e) A provider overpayment designated as an agency error because of the application
of an incorrect maximum rate must not be established or collected. All other provider
overpayments designated as agency error must be established and collected.
new text end

new text begin (f) Notwithstanding any provision to the contrary in this subdivision, an overpayment
must be collected if the overpayment was caused in any part by wrongfully obtaining
assistance under section 256.98 or by benefits paid while an action is pending appeal
under section 119B.16, when on appeal the commissioner finds that the appellant was not
eligible for the amount of child care assistance paid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 24.

Minnesota Statutes 2014, section 119B.12, subdivision 2, is amended to read:


Subd. 2.

Parent fee.

A family must be assessed a parent fee for each service period.
A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
must apply to families eligible for child care assistance under sections 119B.03 and
119B.05. Income must be as defined in section 119B.011, subdivision 15. The fixed
percent is based on the relationship of the family's annual gross income to 100 percent of
the annual state median income. Parent fees must begin at 75 percent of the poverty level.
The minimum parent fees for families between 75 percent and 100 percent of poverty level
must be $2 per biweekly period. Parent fees must provide for graduated movement to full
payment. new text beginAt initial application, the parent fee is established for the family's 12-month
eligibility period. At redetermination, if the family remains eligible, the parent fee is
recalculated and is established for the next 12-month eligibility period. Parent fees shall
not increase during the 12-month eligibility period.
new text endPayment of part or all of a family's
parent fee directly to the family's child care provider on behalf of the family by a source
other than the family shall not affect the family's eligibility for child care assistance, and
the amount paid shall be excluded from the family's income. Child care providers who
accept third-party payments must maintain family specific documentation of payment
source, amount, and time period covered by the payment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 25.

Minnesota Statutes 2014, section 119B.125, subdivision 1b, is amended to read:


Subd. 1b.

Training required.

(a) deleted text beginEffective November 1, 2011,deleted text end Prior to initial
authorization as required in subdivision 1, a legal nonlicensed deleted text beginfamily child caredeleted text end provider
mustnew text begin:new text end

new text begin (1) new text endcomplete deleted text beginfirst aid and CPR training and provide the verification ofdeleted text end first aid and
CPR training deleted text beginto the county.deleted text endnew text begin provided by an individual approved to administer first aid and
CPR instruction, including CPR techniques for infants and children; and
new text end

deleted text begin Thedeleted text endnew text begin (2) provide and maintainnew text end training documentation deleted text beginmust havedeleted text endnew text begin withnew text end valid effective
dates as of the date the registration request is submitted to the county.

deleted text begin The training must have been provided by an individual approved to provide first aid
and CPR instruction and have included CPR techniques for infants and children.
deleted text end

(b) Legal nonlicensed deleted text beginfamily child caredeleted text endnew text begin related new text end providers deleted text beginwith an authorization
effective before November 1, 2011, must be notified of the requirements before October
1, 2011, or at authorization, and must meet the requirements upon renewal of an
authorization that occurs on or after January 1, 2012.
deleted text endnew text begin must:
new text end

new text begin (1) if caring for a child through four years of age, complete training on abusive head
trauma within 90 days after initial authorization;
new text end

new text begin (2) if caring for a child less than 12 months old, complete training on reducing the
risk of sudden unexpected infant death within 90 days after initial authorization; and
new text end

new text begin (3) if authorized to care for children before December 5, 2016, meet the training
requirements prior to renewing an authorization on or after February 1, 2017.
new text end

(c) new text beginLegal nonlicensed unrelated providers must:
new text end

new text begin (1) complete a provider orientation class within 90 days after initial authorization.
The commissioner must develop the provider orientation class that includes training on
maintaining health, safety, and fire standards. The training must include the following
components:
new text end

new text begin (i) prevention and control of infectious disease;
new text end

new text begin (ii) reducing the risk of sudden unexpected infant death;
new text end

new text begin (iii) abusive head trauma;
new text end

new text begin (iv) administration of medication;
new text end

new text begin (v) prevention and response to emergencies due to food and allergic reactions;
new text end

new text begin (vi) building and physical premises safety;
new text end

new text begin (vii) emergency preparedness;
new text end

new text begin (viii) handling and storage of hazardous material and appropriate disposal of
biocontaminant;
new text end

new text begin (ix) precautions in transporting children;
new text end

new text begin (x) recognition and reporting of child abuse and neglect; and
new text end

new text begin (xi) developmental needs of a child; and
new text end

new text begin (2) if authorized to care for children before December 5, 2016, complete a provider
orientation class before renewing an authorization on or after February 1, 2017.
new text end

new text begin (d) new text endUpon each reauthorization deleted text beginafter the authorization period when the initial first aid
and CPR training requirements are met
deleted text end, a legal nonlicensed deleted text beginfamily child caredeleted text endnew text begin unrelated
new text endprovider must deleted text beginprovide verification of at least eight hours of additional training listed in
the Minnesota Center for Professional Development Registry
deleted text endnew text begin complete training on the
topics in paragraph (c), clause (1)
new text end.

deleted text begin (d) This subdivision only applies to legal nonlicensed family child care providers.
deleted text end

new text begin (e) Legal nonlicensed providers with an authorization effective before September 1,
2016, must be notified of the training requirements before November 1, 2016.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1b, paragraphs (a) to (d), are effective December
5, 2016.
new text end

Sec. 26.

Minnesota Statutes 2014, section 119B.125, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Reporting required for child safety. new text end

new text begin A legal nonlicensed provider must
report to the county agency a death, serious injury, or instance of substantiated child
maltreatment that occurred while a child was in the provider's care. A county agency shall
report to the commissioner, in a manner prescribed by the commissioner, the number of
deaths, serious injuries, and instances of substantiated child maltreatment that occurred
in legal nonlicensed providers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 5, 2016.
new text end

Sec. 27.

Minnesota Statutes 2014, section 119B.125, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Emergency preparedness plan. new text end

new text begin A legal nonlicensed provider must
have a written emergency preparedness plan. The commissioner shall develop a form for
providers to create a written emergency plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 5, 2016.
new text end

Sec. 28.

Minnesota Statutes 2014, section 119B.125, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Compliance with health and safety requirements. new text end

new text begin (a) The county
agency must inspect at least once annually each legal nonlicensed unrelated provider.
The results of the inspections shall be available to the public. The county agency shall
notify a provider of this policy when a provider requests to be an authorized provider.
The commissioner must establish health, safety, and fire standards specific to a legal
nonlicensed unrelated provider. The commissioner must develop a tool for the county
agency to conduct inspections of a legal nonlicensed unrelated provider.
new text end

new text begin (b) The county agency must be given access to the physical facility and grounds
where care is provided and to persons cared for by the legal nonlicensed unrelated
provider. The county agency must be given access without prior notice and as often
as the county agency considers necessary if the county agency is investigating alleged
maltreatment, a violation of laws or rules, or conducting an inspection. Failure to give
access to the county agency may result in revocation of the legal nonlicensed unrelated
provider's authorization to receive payment under this chapter.
new text end

new text begin (c) The commissioner must develop a process for a legal nonlicensed unrelated
provider to correct violations of the health, safety, and fire standards.
new text end

new text begin (d) The commissioner must develop a process to revoke a legal nonlicensed
unrelated provider's authorization to receive payment under this chapter when the provider
fails to correct violations of the health, safety, and fire standards.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 5, 2016.
new text end

Sec. 29.

new text begin [119B.127] CERTIFICATION OF LICENSE-EXEMPT CHILD CARE
CENTERS TO REGISTER FOR CHILD CARE ASSISTANCE PAYMENTS.
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 terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Certified license-exempt child care center" means the commissioner's written
authorization for a child care center excluded from licensure under section 245A.03,
subdivision 2, paragraph (a), clause (5), (6), (11) to (13), (15), (18), or (26), to be
authorized to register to receive child care assistance payments (CCAP) under this chapter.
new text end

new text begin (c) "Center operator" or "program operator" means the person or organization
exercising supervision or control over the program operations, planning, and functioning.
new text end

new text begin Subd. 2. new text end

new text begin Application for certification as a certified license-exempt child
care center.
new text end

new text begin (a) The certification of license-exempt programs shall be implemented
by November 1, 2017. Certification applications shall be received and processed on a
phased-in schedule as determined by the commissioner.
new text end

new text begin (b) The certification application must be submitted in a manner prescribed by the
commissioner. The commissioner shall provide application instructions and information
about the rules and requirements of other state agencies that affect the applicant. The
commissioner shall respond to the applicant within 90 days of receiving a completed
application. An application is not complete until the commissioner receives all of the
information required under section 245C.05.
new text end

new text begin (c) When the commissioner receives an application for initial certification that is
incomplete because the applicant failed to submit required documents or is deficient
because the documents submitted do not meet certification requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or deficient.
In the written notice, the commissioner shall identify documents that are missing or
deficient and give the applicant 45 days to resubmit a second application that is complete.
An applicant's failure to submit a complete application after receiving notice from the
commissioner is basis for certification denial.
new text end

new text begin Subd. 2a. new text end

new text begin Exemptions. new text end

new text begin Programs that are exempt from licensure under section
245A.03, subdivision 2, clauses (5), (6), (11) to (13), (15), (18), and (26), must be certified
as certified license-exempt child care centers according to this section to receive child
care assistance payments under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's right of access. new text end

new text begin (a) When the commissioner is
exercising the powers conferred by this chapter, whenever the program is in operation
and the information is relevant to the commissioner's inspection or investigation, the
commissioner must be given access to:
new text end

new text begin (1) the physical facility and grounds where the program is provided;
new text end

new text begin (2) documentation and records, including records maintained in electronic format;
new text end

new text begin (3) children served by the program; and
new text end

new text begin (4) staff and personnel records of current staff.
new text end

new text begin (b) The commissioner must be given access without prior notice and as often
as the commissioner considers necessary if the commissioner is investigating alleged
maltreatment, or a violation of laws or rules, or conducting an inspection. When
conducting inspections, the commissioner may request and shall receive assistance from
other state, county, and municipal governmental agencies and departments. The applicant
or certification holder shall allow the commissioner to photocopy, photograph, and make
audio and video recordings during an inspection at the commissioner's expense.
new text end

new text begin Subd. 4. new text end

new text begin Monitoring and inspections. new text end

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

new text begin (b) No later than November 1, 2017, the commissioner shall make publicly available
on the department's Web site 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 end

new text begin Subd. 5. new text end

new text begin Correction order. new text end

new text begin (a) If the applicant or certification holder failed to
comply with a law or rule, the commissioner may issue a correction order. The correction
order must state the:
new text end

new text begin (1) condition that constitutes a violation of the law or rule;
new text end

new text begin (2) specific law or rule violated; and
new text end

new text begin (3) time allowed to correct each violation.
new text end

new text begin (b) If the applicant or certification holder believes that the commissioner's correction
order is erroneous, the applicant or certification holder may ask the commissioner to
reconsider the part of the correction order that is allegedly erroneous. A request for
reconsideration must be made in writing, postmarked and sent to the commissioner within
20 calendar days after the applicant or certification holder received the correction order,
and:
new text end

new text begin (1) specify the part of the correction order that is allegedly erroneous;
new text end

new text begin (2) explain why the specified part is erroneous; and
new text end

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

new text begin (c) A request for reconsideration does not stay any provision or requirement of
the correction order. The commissioner's disposition of a request for reconsideration is
final and not subject to appeal.
new text end

new text begin (d) If the commissioner finds that the applicant or certification holder failed to
correct the violation specified in the correction order, the commissioner may revoke the
certification pursuant to subdivision 6.
new text end

new text begin (e) Nothing in this section prohibits the commissioner from decertifying a center
according to subdivision 6, paragraph (a).
new text end

new text begin Subd. 6. new text end

new text begin Decertification. new text end

new text begin (a) The commissioner may decertify a center if a
certification holder:
new text end

new text begin (1) fails to comply with an applicable law or rule; or
new text end

new text begin (2) knowingly withheld relevant information from or gave false or misleading
information to the commissioner for a certification application or the background study
status of an individual.
new text end

new text begin (b) When considering decertification, the commissioner shall consider the nature,
chronicity, or severity of the violation of law or rule.
new text end

new text begin (c) When a center is decertified, the center is ineligible to receive CCAP.
new text end

new text begin Subd. 7. new text end

new text begin Staffing requirements. new text end

new text begin During hours of operation, a certified center must
have a director or designee on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers.
new text end

new text begin Subd. 8. new text end

new text begin Ratios and group size. new text end

new text begin (a) The minimally acceptable staff-to-child
ratios are:
new text end

new text begin 33 months old through prekindergarten
new text end
new text begin 1:10
new text end
new text begin kindergarten through grade 6
new text end
new text begin 1:15
new text end
new text begin grades 7 through 12
new text end
new text begin 1:20
new text end

new text begin (b) For mixed groups, the ratio for the age group of the youngest child applies.
new text end

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

new text begin (d) For children in kindergarten through grade 6, a maximum group size shall be
no more than 30 children.
new text end

new text begin (e) The maximum group size applies at all times except during meals, outdoor
activities, field trips, naps and rest, and special activities such as films, guest speakers, and
holiday programs.
new text end

new text begin Subd. 9. new text end

new text begin Background study. new text end

new text begin (a) The applicant or certification holder must submit
and maintain documentation of a successfully completed background study for:
new text end

new text begin (1) each person applying for the certification;
new text end

new text begin (2) current or prospective employees or contractors of the program who shall have
direct contact with a child served by the program;
new text end

new text begin (3) volunteers who shall have direct contact with a child served by the program if the
contact is not under the continuous, direct supervision by an individual listed in clause
(1) or (2); and
new text end

new text begin (4) a program director and all managerial staff with oversight and supervision of a
certified center.
new text end

new text begin (b) To be accepted for certification, a background study on an individual in paragraph
(a) must be completed under chapter 245C and result in a not disqualified determination
under section 245C.14 or a disqualification that was set aside under section 245C.22.
new text end

new text begin Subd. 10. new text end

new text begin Reporting. new text end

new text begin (a) The certification holder must comply with the reporting
requirements for abuse and neglect specified in section 626.556.
new text end

new text begin (b) The certification holder must inform the commissioner within 24 hours of:
new text end

new text begin (1) the death of a child in the program; and
new text end

new text begin (2) any injury to a child in the program that required treatment by a physician.
new text end

new text begin Subd. 11. new text end

new text begin Fees. new text end

new text begin The commissioner shall consult with stakeholders to gather input
to develop an administrative fee to implement this section. By February 15, 2017,
the commissioner shall provide recommendations to the legislative committees with
jurisdiction over health and human services policy and finance.
new text end

new text begin Subd. 12. new text end

new text begin Health and safety requirements. new text end

new text begin (a) A certified center must document
and follow a health and safety plan. The certification holder must ensure staff are trained
on the policies and procedures in the health and safety plan at orientation and annually
thereafter. The certification holder must provide staff with an orientation class within 90
days of the staff member beginning employment. Before the completion of orientation
class, the staff member must be supervised while providing direct care to a child. The
certification holder must document when the training was completed in the personnel
file for each person.
new text end

new text begin (b) The plan must include policies:
new text end

new text begin (1) for exclusion of sick children and infectious disease outbreak control, requiring
a program to:
new text end

new text begin (i) supervise and isolate a child from other children in the program when a child
becomes sick and immediately notify the isolated child's parent or legal guardian; and
new text end

new text begin (ii) post or give notice to the parent or legal guardian of an exposed child the
same day the program is notified of a child's contagious reportable disease specified in
Minnesota Rules, part 4605.7040, or lice, scabies, impetigo, ringworm, or chicken pox;
new text end

new text begin (2) to record current immunizations or applicable exemption for each child. By a
child's date of enrollment, certified license-exempt child care centers must maintain or have
access to a record detailing the child's current immunizations or applicable exemption;
new text end

new text begin (3) to provide staff training on reducing the risk of sudden, unexpected infant death
and abusive head trauma and document the date of the training in the personnel record
for staff, requiring:
new text end

new text begin (i) centers that care for an infant, as defined as a child who is at least six weeks old
but less than 16 months old, to document that staff and volunteers received training, in
compliance with section 245A.1435, on reducing the risk of sudden, unexpected infant
death before assisting in the care of an infant; or
new text end

new text begin (ii) a center that cares for a child through four years of age to document that staff
and volunteers received training on abusive head trauma from shaking infants and young
children before assisting in the care of a child through four years of age;
new text end

new text begin (4) for a certification holder who chooses to administer medicine to:
new text end

new text begin (i) obtain written permission from the child's parent or legal guardian before
administering prescription medicine, diapering product, sunscreen lotion, and insect
repellent;
new text end

new text begin (ii) administer nonprescription medicine, diapering product, sunscreen lotion, and
insect repellent according to the manufacturer's instructions unless there are written
instructions for their use by a licensed health professional;
new text end

new text begin (iii) obtain and follow written instructions, such as medicine with the child's first and
last name and current prescription information on the label, from the prescribing health
professional before administering prescription medicine; and
new text end

new text begin (iv) ensure all medicine:
new text end

new text begin (A) be kept in its original container with a legible label stating the child's first and
last name;
new text end

new text begin (B) be given only to the child whose name is on the label;
new text end

new text begin (C) not be given after an expiration date on the label;
new text end

new text begin (D) that is unused be returned to the child's parent or legal guardian or be destroyed;
new text end

new text begin (E) administration is recorded with the child's first and last name; the name of the
medication or prescription number; the date, time, and dosage; and the name and signature
of the person who dispensed the medicine; and
new text end

new text begin (F) administration records are maintained in the child's record and available to
the child's parent or legal guardian; and
new text end

new text begin (v) store medicines, insect repellents, and diaper rash control products according to
directions on the original container;
new text end

new text begin (5) to prevent and respond to allergic reactions, requiring the certification holder to:
new text end

new text begin (i) train staff on the program's policy, at least annually;
new text end

new text begin (ii) obtain, prior to admitting a child for care, documentation of the child's allergies
from the child's parent or legal guardian, including but not limited to:
new text end

new text begin (A) a description of the allergy, specific triggers, avoidance techniques, and
symptoms of an allergic reaction; and
new text end

new text begin (B) procedures for responding to an allergic reaction, including medication, dosages,
and a doctor's contact information;
new text end

new text begin (iii) maintain current information of a child's allergy in the child's record;
new text end

new text begin (iv) train staff and volunteers, at least annually or when changes are made to
allergy-related information in a child's record;
new text end

new text begin (v) document the date of all training in this subdivision in the personnel record
for each staff person; and
new text end

new text begin (vi) make information about a child's food allergies readily available to staff in the
area where food is prepared and served to a child with food allergies;
new text end

new text begin (6) to ensure building and physical premises safety, requiring a certification holder to:
new text end

new text begin (i) document compliance with applicable State Fire Code by providing
documentation of a fire marshal inspection completed within the previous three years by a
state fire marshal or a local fire code inspector trained by the state fire marshal;
new text end

new text begin (ii) document the process by which the center addresses physical premise
maintenance and general repairs in a timely manner;
new text end

new text begin (iii) designate indoor and outdoor space used for child care on a facility site plan and
include the primary and secondary areas used for child care by the center;
new text end

new text begin (iv) make a current health and safety plan available on site; and
new text end

new text begin (v) ensure the facility is clean with structurally sound and functional furniture and
equipment that is appropriate to the age and size of a child who uses them;
new text end

new text begin (7) for a safe environment free of hazards including, but not limited to:
new text end

new text begin (i) items such as sharp objects, medicines, plastic bags, cleaning supplies, poisonous
plants, and chemicals must be stored out of reach of children; and
new text end

new text begin (ii) safe handling and disposing of bodily fluids and other potentially infectious
fluids that requires, at a minimum, the use of gloves, disinfection of appropriate surfaces,
and fluid disposal in a securely sealed plastic bag;
new text end

new text begin (8) for transporting a child, requiring:
new text end

new text begin (i) compliance with all seat belt and child passenger restraint system requirements
under sections 169.685 and 169.686; and
new text end

new text begin (ii) the driver of the vehicle holds a valid driver's license, appropriate to the vehicle
driven;
new text end

new text begin (9) requiring first aid and cardiopulmonary resuscitation training for program staff
with direct supervision of a child, including at least one staff person who completed
first aid training and cardiopulmonary resuscitation training be present at all times at the
program, during field trips, and when transporting a child; and
new text end

new text begin (10) for reporting suspected child maltreatment according to section 626.556 and for
reporting complaints about the operation of a child care program.
new text end

new text begin Subd. 13. new text end

new text begin Emergency preparedness plan. new text end

new text begin (a) A certified center must have a
written emergency preparedness plan for emergencies that require evacuation, sheltering,
or other protection of children, such as in the event of fire, natural disaster, intruder, or
other threatening situations that may pose a health or safety hazard to children. The plan
must be written on a form developed by the commissioner and updated at least annually.
The plan must include:
new text end

new text begin (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
new text end

new text begin (2) a designated relocation site and evacuation route;
new text end

new text begin (3) procedures for notifying a child's parent or legal guardian of the relocation
and reunification with families;
new text end

new text begin (4) accommodations for a child with disabilities or a chronic medical condition;
new text end

new text begin (5) procedures for storing a child's medically necessary medicine that facilitates easy
removal during an evacuation or relocation;
new text end

new text begin (6) procedures for continuing operations in the period during and after a crisis;
new text end

new text begin (7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities; and
new text end

new text begin (8) procedures for staff and volunteer emergency preparedness training and practice
drills.
new text end

new text begin (b) The certification holder must train staff at orientation and annually on the
emergency preparedness plan and document training attendance in all personnel files. The
certified center must conduct at least quarterly one evacuation drill and one shelter-in-place
drill. The drills' date and time must be documented.
new text end

new text begin (c) The certification holder must have an emergency preparedness plan available for
review upon request by the child's parent or legal guardian.
new text end

new text begin Subd. 14. new text end

new text begin Personnel record. new text end

new text begin The certification holder must maintain a personnel
record for each staff person at the program that must contain:
new text end

new text begin (1) the staff person's name, home address, telephone number, and date of birth;
new text end

new text begin (2) documentation that the staff person completed required orientation and annual
trainings; and
new text end

new text begin (3) documentation related to background studies required under subdivision 9.
new text end

new text begin Subd. 15. new text end

new text begin School-age care program guidelines. new text end

new text begin The commissioner shall consult
with stakeholders, at least every five years, for input related to school-age care program
guidelines.
new text end

new text begin Subd. 16. new text end

new text begin Certification standards. new text end

new text begin The commissioner shall regularly consult with
stakeholders for input related to implementing the standards in this section.
new text end

new text begin Subd. 17. new text end

new text begin Parental access. new text end

new text begin An enrolled child's parent or legal guardian may visit
the certified center any time during the hours of operation.
new text end

Sec. 30.

Minnesota Statutes 2014, section 119B.13, subdivision 1, is amended to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning deleted text beginFebruary 3, 2014deleted text endnew text begin March 13,
2017
new text end, the maximum rate paid for child care assistance in any county or county price
cluster under the child care fund shall be deleted text beginthe greater of the 25thdeleted text endnew text begin the 50thnew text end percentile of the
deleted text begin2011deleted text endnew text begin most recent biennialnew text end child care provider rate survey deleted text beginor the maximum rate effective
November 28, 2011
deleted text endnew text begin under section 119B.02, subdivision 7new text end. The commissioner may: (1)
assign a county with no reported provider prices to a similar price cluster; and (2) consider
county level access when determining final price clusters.

(b) A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.

(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care
on an hourly, full-day, and weekly basis, including special needs and disability care. deleted text beginThe
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.
deleted text end

new text begin (d) The maximum payment to a licensed provider or license-exempt child care
center must not exceed:
new text end

new text begin (1) the daily rate for one day of care;
new text end

new text begin (2) the weekly rate for one week of care by a child's primary provider; or
new text end

new text begin (3) two daily rates during two weeks of care by a child's secondary provider.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end Child care providers receiving reimbursement under this chapter must not
be paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance.

deleted text begin (e)deleted text endnew text begin (f)new text end When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

deleted text begin (f)deleted text endnew text begin (g)new text end All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

deleted text begin (g)deleted text endnew text begin (h)new text end Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum
registration fees in effect on January 1, 2013, shall remain in effect.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective March 13, 2017. Paragraphs (c) to
(e), (g), and (h) are effective June 5, 2017. Paragraph (f) is effective the day following
enactment and expires March 13, 2017.
new text end

Sec. 31.

Minnesota Statutes 2014, section 119B.13, subdivision 1a, is amended to read:


Subd. 1a.

Legal nonlicensed family child care provider rates.

(a) Legal
nonlicensed family child care providers receiving reimbursement under this chapter must
be paid on an hourly basis for care provided to families receiving assistance.

(b) The maximum rate paid to legal nonlicensed family child care providers must be
68 percent of the county maximum hourly rate for licensed family child care providers. In
counties or county price clusters where the maximum hourly rate for licensed family child
care providers is higher than the maximum weekly rate for those providers divided by 50,
the maximum hourly rate that may be paid to legal nonlicensed family child care providers
is the rate equal to the maximum weekly rate for licensed family child care providers
divided by 50 and then multiplied by 0.68. deleted text beginThe maximum payment to a provider for one
day of care must not exceed the maximum hourly rate times ten. The maximum payment
to a provider for one week of care must not exceed the maximum hourly rate times 50.
deleted text end

new text begin (c) The maximum payment to a legal nonlicensed family provider must not exceed:
new text end

new text begin (1) the maximum hourly rate times ten for one day of care;
new text end

new text begin (2) the maximum hourly rate for one week of care by a child's primary provider
times 50; or
new text end

new text begin (3) the maximum hourly rate during two weeks of care by a child's secondary
provider times 20.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.

deleted text begin (d)deleted text endnew text begin (e)new text end Legal nonlicensed family child care providers receiving reimbursement under
this chapter may not be paid registration fees for families receiving assistance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 5, 2017.
new text end

Sec. 32.

Minnesota Statutes 2014, section 119B.13, subdivision 4, is amended to read:


Subd. 4.

Rates charged to publicly subsidized families.

new text begin(a) new text endChild care providers
receiving reimbursement under this chapter may not charge a rate to clients receiving
assistance under this chapter that is higher than the private, full-paying client rate.

new text begin (b) A provider shall not charge a family receiving child care assistance the difference
between the provider's rate and the payment received for child care assistance under
this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 13, 2017.
new text end

Sec. 33.

Minnesota Statutes 2015 Supplement, section 119B.13, subdivision 6, is
amended to read:


Subd. 6.

Provider payments.

(a) The provider shall bill for services provided
within ten days of the end of the service period. deleted text beginIf bills are submitted within ten days of
the end of the service period,
deleted text end Payments under the child care fund shall be made within deleted text begin30
deleted text endnew text begin21new text end days of receiving a new text begincomplete new text endbill from the provider. Counties or the state may establish
policies that make payments on a more frequent basis.

(b) If a provider has received an authorization of care and been issued a billing form
for an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be paid.

(c) If a provider provided care for a time period without receiving an authorization
of care and a billing form for an eligible family, payment of child care assistance may only
be made retroactively for a maximum of six months from the date the provider is issued
an authorization of care and billing form.

(d) A county or the commissioner may refuse to issue a child care authorization
to a licensed or legal nonlicensed provider, revoke an existing child care authorization
to a licensed or legal nonlicensed provider, stop payment issued to a licensed or legal
nonlicensed provider, or refuse to pay a bill submitted by a licensed or legal nonlicensed
provider if:

(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;

(2) a county or the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's
billing forms, or provided false attendance records to a county or the commissioner;

(3) the provider is in violation of child care assistance program rules, until the
agency determines those violations have been corrected;

(4) the provider is operating after:

(i) an order of suspension of the provider's license issued by the commissioner;

(ii) an order of revocation of the provider's license; or

(iii) a final order of conditional license issued by the commissioner for as long as the
conditional license is in effect;

(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request; or

(6) the provider gives false child care price information.

(e) For purposes of paragraph (d), clauses (3), (5), and (6), the county or the
commissioner may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.

(f) A county's payment policies must be included in the county's child care plan
under section 119B.08, subdivision 3. If payments are made by the state, in addition to
being in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 34.

Minnesota Statutes 2014, section 245A.04, subdivision 4, is amended to read:


Subd. 4.

Inspections; waiver.

(a) Before issuing an initial license, 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) an evaluation of the program by consumers of the program; deleted text beginand
deleted text end

(4) observation of the program in operationdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) an inspection for the health, safety, and fire standards for a child care license
holder.
new text end

For the purposes of this subdivision, "consumer" means a person who receives the
services of a licensed program, the person's legal guardian, or the parent or individual
having legal custody of a child who receives the services of a licensed program.

(b) The evaluation required in paragraph (a), clause (3) or the observation in
paragraph (a), clause (4) is not required prior to issuing an initial license under subdivision
7. If the commissioner issues an initial license under subdivision 7, these requirements
must be completed within one year after the issuance of an initial license.

new text begin (c) Beginning January 1, 2017, a child care provider licensed under this chapter
and Minnesota Rules, chapter 9502 or 9503, shall be inspected at least annually by the
commissioner or the county for compliance with applicable licensing standards.
new text end

new text begin (d) No later than November 1, 2017, the commissioner shall make publicly available
on the department's Web site, the results of inspection reports for all providers licensed
under this chapter and Minnesota Rules, chapters 9502 and 9503, including the number of
deaths, serious injuries, and instances of substantiated child maltreatment that occurred
in licensed child care settings each year.
new text end

Sec. 35.

Minnesota Statutes 2014, section 245A.09, subdivision 7, is amended to read:


Subd. 7.

Regulatory methods.

(a) Where appropriate and feasible the commissioner
shall identify and implement alternative methods of regulation and enforcement to the
extent authorized in this subdivision. These methods shall include:

(1) expansion of the types and categories of licenses that may be granted;

(2) when the standards of another state or federal governmental agency or an
independent accreditation body have been shown to require the same standards, methods,
or alternative methods to achieve substantially the same intended outcomes as the
licensing standards, the commissioner shall consider compliance with the governmental
or accreditation standards to be equivalent to partial compliance with the licensing
standards; and

(3) use of an abbreviated inspection that employs key standards that have been
shown to predict full compliance with the rules.

(b) If the commissioner accepts accreditation as documentation of compliance with a
licensing standard under paragraph (a), the commissioner shall continue to investigate
complaints related to noncompliance with all licensing standards. The commissioner
may take a licensing action for noncompliance under this chapter and shall recognize all
existing appeal rights regarding any licensing actions taken under this chapter.

(c) The commissioner shall work with the commissioners of health, public
safety, administration, and education in consolidating duplicative licensing and
certification rules and standards if the commissioner determines that consolidation is
administratively feasible, would significantly reduce the cost of licensing, and would
not reduce the protection given to persons receiving services in licensed programs.
Where administratively feasible and appropriate, the commissioner shall work with the
commissioners of health, public safety, administration, and education in conducting joint
agency inspections of programs.

(d) The commissioner shall work with the commissioners of health, public safety,
administration, and education in establishing a single point of application for applicants
who are required to obtain concurrent licensure from more than one of the commissioners
listed in this clause.

(e) Unless otherwise specified in statute, the commissioner may conduct routine
inspections biennially.

new text begin (f) For a licensed child care center, the commissioner shall conduct at least one
unannounced licensing inspection annually.
new text end

Sec. 36.

Minnesota Statutes 2014, section 245A.10, subdivision 2, is amended to read:


Subd. 2.

County fees for background studies and licensing inspections.

(a)
new text beginBefore the implementation of NETStudy 2.0, new text endfor purposes of family and group family
child care licensing under this chapter, a county agency may charge a fee to an applicant
or license holder to recover the actual cost of background studies, but in any case not to
exceed $100 annually. A county agency may also charge a license fee to an applicant or
license holder not to exceed $50 for a one-year license or $100 for a two-year license.

(b) new text beginBefore the implementation of NETStudy 2.0, new text enda county agency may charge a fee
to a legal nonlicensed child care provider or applicant for authorization to recover the
actual cost of background studies completed under section 119B.125, but in any case not
to exceed $100 annually.

(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area;

(3) for new providers; or

(4) for providers who have attained at least 16 hours of training before seeking
initial licensure.

(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
an installment basis for up to one year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under paragraph (a) or (b)
deducted from the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.

(e) For purposes of adult foster care and child foster care licensing, and licensing
the physical plant of a community residential setting, under this chapter, a county agency
may charge a fee to a corporate applicant or corporate license holder to recover the actual
cost of licensing inspections, not to exceed $500 annually.

(f) Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Sec. 37.

Minnesota Statutes 2014, section 245A.14, is amended by adding a
subdivision to read:


new text begin Subd. 15. new text end

new text begin Parental access in child care programs. new text end

new text begin An enrolled child's parent or
legal guardian must be allowed to visit the program any time during the hours of operation.
new text end

Sec. 38.

new text begin [245A.1492] CHILD CARE EMERGENCY PLANNING AND
RESPONSE.
new text end

new text begin No later than September 30, 2016, the commissioner shall develop and implement a
statewide child care disaster plan that addresses emergency preparedness, response, and
recovery efforts specific to child care services and programs licensed under this chapter
and registered under chapter 119B. The plan shall be published on the department's Web
site. The plan shall:
new text end

new text begin (1) provide specific action the commissioner may take in emergency situations;
new text end

new text begin (2) provide for the continuity of county and state CCAP operations during and
after a disaster;
new text end

new text begin (3) administer temporary child care services during and after a disaster;
new text end

new text begin (4) implement temporary operating, health, safety, and licensing standards for a child
care provider during and after a disaster;
new text end

new text begin (5) coordinate with emergency management agencies and key partners; and
new text end

new text begin (6) provide emergency and disaster preparedness training and technical assistance to
a child care license holder.
new text end

Sec. 39.

Minnesota Statutes 2014, section 245A.151, is amended to read:


245A.151 FIRE MARSHAL INSPECTION.

When licensure under this chapter requires an inspection by a fire marshal to
determine compliance with the State Fire Code under section 299F.011, a local fire code
inspector deleted text beginapproveddeleted text endnew text begin trainednew text end by the state fire marshal may conduct the inspection. If a
community does not have a local fire code inspector or if the local fire code inspector does
not perform the inspection, the state fire marshal must conduct the inspection. A local fire
code inspector or the state fire marshal may recover the cost of these inspections through a
fee of no more than $50 per inspection charged to the applicant or license holder. The fees
collected by the state fire marshal under this section are appropriated to the commissioner
of public safety for the purpose of conducting the inspections.

Sec. 40.

Minnesota Statutes 2015 Supplement, section 245A.16, subdivision 1, is
amended to read:


Subdivision 1.

Delegation of authority to agencies.

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

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

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

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

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

(7) variances to requirements relating to chemical use problems of a license holder
or a household member of a license holder.

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

(b) County agencies must report information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.

(c) For family deleted text begindaydeleted text endnew text begin childnew text end care programs, the commissioner deleted text beginmay authorizedeleted text endnew text begin shall
require a county agency to conduct at least one unannounced
new text end licensing deleted text beginreviews every two
years after a licensee has had at least one annual review
deleted text endnew text begin inspection annuallynew text end.

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

(e) A license issued under this section may be issued for up to two years.

(f) During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

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

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

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

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

new text begin (1) the results of licensing inspections completed, including the date of the inspection
and any licensing correction order issued; and
new text end

new text begin (2) the number of deaths, serious injuries, and instances of substantiated child
maltreatment.
new text end

Sec. 41.

Minnesota Statutes 2014, section 245A.16, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Family child care licensing oversight. new text end

new text begin (a) Only county staff trained by the
commissioner on the family child care licensing standards in this chapter and Minnesota
Rules, chapter 9502, shall conduct licensing inspections to fulfill the requirements of
subdivision 1, paragraph (c). Training must occur within 90 days of beginning employment.
new text end

new text begin (b) The commissioner shall consult with county representatives to develop a formula
to allocate county family child care licensing administrative aids.
new text end

new text begin (c) If a county fails to comply with the child care components of this section,
the commissioner shall reduce or delay the state's county family child care licensing
administrative aid payment by up to 50 percent.
new text end

Sec. 42.

Minnesota Statutes 2014, section 245A.40, subdivision 1, is amended to read:


Subdivision 1.

Orientation.

The child care center license holder must ensure that
every staff person and volunteer is given orientation training and successfully completes
the training before starting assigned duties. The orientation training in this subdivision
applies to volunteers who deleted text beginwilldeleted text end new text beginshall new text endhave direct contact with or access to children and
who are not under the direct supervision of a staff person. Completion of the orientation
must be documented in the individual's personnel record. The orientation training must
include information about:

(1) the center's philosophy, child care program, and procedures for maintaining new text beginthe
new text endhealth deleted text beginanddeleted text endnew text begin,new text end safetynew text begin,new text end and new text beginfire standards and new text endhandling emergencies and accidents;

(2) specific job responsibilities;

(3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and

(4) the reporting responsibilities in section 626.556, and Minnesota Rules, part
9503.0130.

Sec. 43.

Minnesota Statutes 2015 Supplement, section 245A.40, subdivision 3, is
amended to read:


Subd. 3.

First aid.

(a) All teachers and assistant teachers in a child care center
governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person
during field trips and when transporting children in care, must satisfactorily complete first
aid training within 90 days of the start of work, unless the training has been completed
within the previous deleted text beginthreedeleted text endnew text begin twonew text end years.

(b) Notwithstanding paragraph (a), which allows 90 days to complete training, at
least one staff person who has satisfactorily completed first aid training must be present at
all times in the center, during field trips, and when transporting children in care.

(c) The first aid training must be repeated at least every deleted text beginthreedeleted text endnew text begin twonew text end years, documented
in the person's personnel record and indicated on the center's staffing chart, and provided by
an individual approved as a first aid instructor. This training may be less than eight hours.

Sec. 44.

Minnesota Statutes 2015 Supplement, section 245A.40, subdivision 4, is
amended to read:


Subd. 4.

Cardiopulmonary resuscitation.

(a) All teachers and assistant teachers
in a child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and
at least one staff person during field trips and when transporting children in care, must
satisfactorily complete training in cardiopulmonary resuscitation (CPR) that includes CPR
techniques for infants and children and in the treatment of obstructed airways. The CPR
training must be completed within 90 days of the start of work, unless the training has
been completed within the previous deleted text beginthreedeleted text endnew text begin twonew text end years. The CPR training must have been
provided by an individual approved to provide CPR instruction, must be repeated at least
once every deleted text beginthreedeleted text endnew text begin twonew text end years, and must be documented in the staff person's records.

(b) Notwithstanding paragraph (a), which allows 90 days to complete training, at
least one staff person who has satisfactorily completed cardiopulmonary resuscitation
training must be present at all times in the center, during field trips, and when transporting
children in care.

(c) CPR training may be provided for less than four hours.

(d) Persons providing CPR training must use CPR training that has been developed:

(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR and incorporates
psychomotor skills to support the instruction.

Sec. 45.

Minnesota Statutes 2014, section 245A.40, subdivision 7, is amended to read:


Subd. 7.

In-service.

(a) A license holder must ensure that deleted text beginan annual in-service
training plan is developed and carried out and that it meets the requirements in clauses (1)
to (7). The in-service training plan must:
deleted text endnew text begin the center director and all staff who have direct
contact with a child complete annual in-service training.
new text end

deleted text begin (1) be consistent with the center's child care program plan;
deleted text end

deleted text begin (2) meet the training needs of individual staff persons as specified in each staff
person's annual evaluation report;
deleted text end

deleted text begin (3) provide training, at least one-fourth of which is by a resource not affiliated
with the license holder;
deleted text end

deleted text begin (4) include Minnesota Rules, parts 9503.0005 to 9503.0170, relevant to the staff
person's position and must occur within two weeks of initial employment;
deleted text end

deleted text begin (5) provide that at least one-half of the annual in-service training completed by a staff
person each year pertains to the age of children for which the person is providing care;
deleted text end

deleted text begin (6) provide that no more than four hours of each annual in-service training
requirement relate to administration, finances, and records training for a teacher, assistant
teacher, or aide; and
deleted text end

deleted text begin (7) provide that the remainder ofdeleted text end The in-service training requirement new text beginmust new text endbe met
by participation in training in child growth and development; learning environment and
curriculum; assessment and planning for individual needs; interactions with children;
families and communities; health, safety, and nutrition; and program planning and
evaluation.

(b) For purposes of this subdivision, the following terms have the meanings given
them.

(1) "Child growth and development training" has the meaning given it in subdivision
2, paragraph (a).

(2) "Learning environment and curriculum" means training in establishing an
environment that provides learning experiences to meet each child's needs, capabilities,
and interests, including early childhood education methods or theory, recreation, sports,
promoting creativity in the arts, arts and crafts methods or theory, and early childhood
special education methods or theory.

(3) "Assessment and planning for individual needs" means training in observing and
assessing what children know and can do deleted text beginin orderdeleted text end to provide curriculum and instruction that
addresses their developmental and learning needs, including children with special needs.

(4) "Interactions with children" means training in establishing supportive
relationships with children and guiding them as individuals and as part of a group,
including child study techniques and behavior guidance.

(5) "Families and communities" means training in working collaboratively with
families, agencies, and organizations to meet children's needs and to encourage the
community's involvement, including family studies and parent involvement.

(6) "Health, safety, and nutrition" means training in establishing and maintaining an
environment that ensures children's health, safety, and nourishment, including first aid,
cardiopulmonary resuscitation, child nutrition, and child abuse and neglect prevention.

(7) "Program planning and evaluation" means training in establishing, implementing,
evaluating, and enhancing program operations.

(c) The director and all program staff persons must annually complete a number of
hours of in-service training equal to at least two percent of the hours for which the director
or program staff person is annually paid, unless one of the following is applicable.

(1) A teacher at a child care center must complete one percent of working hours of
in-service training annually if the teacher:

(i) possesses a baccalaureate or master's degree in early childhood education or
school-age care;

(ii) is licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
a kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood
special education teacher, or an elementary teacher with a kindergarten endorsement; or

(iii) possesses a baccalaureate degree with a Montessori certificate.

(2) A teacher or assistant teacher at a child care center must complete one and
one-half percent of working hours of in-service training annually if the individual is:

(i) a registered nurse or licensed practical nurse with experience working with infants;

(ii) possesses a Montessori certificate, a technical college certificate in early
childhood development, or a child development associate certificate; or

(iii) possesses an associate of arts degree in early childhood education, a
baccalaureate degree in child development, or a technical college diploma in early
childhood development.

(d) The number of required training hours may be prorated for individuals not
employed full time or for an entire year.

(e) The annual in-service training must be completed within the calendar year for
which it was required. In-service training completed by staff persons is transferable upon
a staff person's change in employment to another child care program.

(f) The license holder must ensure that, when a staff person completes in-service
training, the training is documented in the staff person's personnel record. The
documentation must include the date training was completed, the goal of the training and
topics covered, trainer's name and organizational affiliation, trainer's signed statement that
training was successfully completed, and the director's approval of the training.

Sec. 46.

new text begin [245A.41] CHILD CARE CENTER HEALTH AND SAFETY
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Immunization records maintained. new text end

new text begin By a child's date of enrollment,
a licensed child care center must establish and maintain a record detailing current
immunizations or applicable exemption for each child according to section 121A.15.
new text end

new text begin Subd. 2. new text end

new text begin Allergy prevention and response plan. new text end

new text begin (a) A licensed child care center
must develop written policies and procedures for preventing and responding to allergic
reactions. The license holder must train staff on the program's policy at orientation and at
least annually.
new text end

new text begin (b) Prior to admitting a child for care, the license holder must obtain documentation
of the child's allergy, if any, from the child's parent or legal guardian. The license holder
must maintain current information of a child's allergy in the child's record. The allergy
information must include but not be limited to a description of the allergy, specific triggers,
avoidance techniques, symptoms of an allergic reaction, and procedures for responding to
an allergic reaction, including medication, dosages, and a doctor's contact information.
At least annually or when changes are made to allergy-related information in the child's
record, the license holder must train staff and volunteers on the allergy prevention and
response information. The license holder must document the date of the training in the
personnel record for each staff member.
new text end

new text begin (c) The child's food allergy information must be readily available to staff in the area
where food is prepared and served to the child.
new text end

new text begin Subd. 3. new text end

new text begin Child care center emergency preparedness plan. new text end

new text begin (a) No later than
September 30, 2016, a licensed child care center must have a written emergency
preparedness plan for emergencies that require evacuation, sheltering, or other protection
of children, such as in the event of fire, natural disaster, intruder, or other threatening
situations that may pose a health or safety hazard to the children. The plan must be
written on a form developed by the commissioner and must be updated at least annually.
The plan must include:
new text end

new text begin (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
new text end

new text begin (2) a designated relocation site and evacuation route;
new text end

new text begin (3) procedures for notifying a child's parent or legal guardian of the relocation
and reunification with families;
new text end

new text begin (4) accommodations for a child with disabilities or a chronic medical condition;
new text end

new text begin (5) procedures for storing a child's medically necessary medicine that facilitates easy
removal during an evacuation or relocation;
new text end

new text begin (6) procedures for continuing operations in the period during and after a crisis;
new text end

new text begin (7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities; and
new text end

new text begin (8) procedures for staff and volunteer emergency preparedness training and practice
drills.
new text end

new text begin (b) The license holder must train staff at orientation and at least annually on the
emergency preparedness plan and document training attendance in all personnel files. The
license holder must conduct drills according to the requirements in Minnesota Rules, part
9503.0110, subpart 3. The drills' date and time must be documented.
new text end

new text begin (c) The license holder must have an emergency preparedness plan available for
review upon request and posted in each room used for child care. The license holder must
provide a copy of the plan to the child's parent or legal guardian upon enrollment.
new text end

Sec. 47.

Minnesota Statutes 2014, section 245A.50, subdivision 9, is amended to read:


Subd. 9.

Supervising for safety; training requirement.

Effective July 1, 2014,
all family child care license holders and each adult caregiver who provides care in the
licensed family child care home for more than 30 days in any 12-month period shall
complete and document at least six hours of approved training on supervising for safety
prior to initial licensure, and before caring for children. At least two hours of training
on supervising for safety must be repeated annually. For purposes of this subdivision,
"supervising for safety" includes supervision basicsdeleted text begin,deleted text endnew text begin;new text end supervision outdoorsdeleted text begin, equipment and
materials, illness, injuries, and disaster
deleted text endnew text begin; building and physical premise safety; prevention
and control of infectious disease, including immunization; administration of medication;
prevention and response to food allergies; emergency
new text end preparednessnew text begin and response planning;
storage of hazardous material and biocontaminant; and procedures for maintaining health
and safety
new text end. The commissioner shall develop the supervising for safety curriculum by
January 1, deleted text begin2014deleted text endnew text begin 2017new text end.

Sec. 48.

new text begin [245A.51] FAMILY CHILD CARE HEALTH AND SAFETY
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Immunization records maintained. new text end

new text begin A licensed family child care
provider shall obtain, update, and maintain the dates of immunizations or applicable
exemption, provided in section 121A.15, for a child in regular attendance as follows:
new text end

new text begin (1) for an infant, every six months;
new text end

new text begin (2) for a toddler, annually;
new text end

new text begin (3) for a child of preschool age, every 18 months; and
new text end

new text begin (4) for a child of school age, every three years.
new text end

new text begin Subd. 2. new text end

new text begin Allergy prevention and response plan. new text end

new text begin (a) The licensed family child care
provider must develop written policies and procedures for preventing and responding to
an allergic reaction. The license holder must train caregivers on the program's policies and
procedures at orientation and at least annually.
new text end

new text begin (b) Before admitting a child for care, the license holder must obtain documentation
of the child's allergy, if any, from the child's parent or legal guardian. The license holder
must maintain current information of a child's allergy in the child's record. The allergy
information must include but not be limited to a description of the allergy, specific triggers,
avoidance techniques, symptoms of an allergic reaction, and procedures for responding to
an allergic reaction, including medication, dosages, and a doctor's contact information.
At least annually or when changes are made to the child's allergy information, the
license holder must train all staff and volunteers on the allergy prevention and response
information. The license holder must document the date of training in the personnel
record of each staff member.
new text end

new text begin (c) The child's food allergy information must be readily available to staff in the area
where food is prepared and served to the child.
new text end

new text begin Subd. 3. new text end

new text begin Handling and disposal of biocontaminants. new text end

new text begin The licensed family child
care provider must develop written policies and procedures for safely handling and
disposing of bodily fluids.
new text end

new text begin Subd. 4. new text end

new text begin Family child care emergency preparedness plan. new text end

new text begin (a) No later than
September 30, 2016, a licensed family child care provider must have a written emergency
preparedness plan for emergencies that require evacuation, sheltering or other protection
of children, such as in the event of fire, natural disaster, intruder, or other threatening
situations that may pose a health or safety hazard to children. The plan must be written on a
form developed by the commissioner and updated at least annually. The plan must include:
new text end

new text begin (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
new text end

new text begin (2) a designated relocation site and evacuation route;
new text end

new text begin (3) procedures for notifying a child's parent or legal guardian of the relocation
and reunification with families;
new text end

new text begin (4) accommodations for a child with disabilities or a chronic medical condition;
new text end

new text begin (5) procedures for storing a child's medically necessary medicine that facilitate easy
removal during an evacuation or relocation;
new text end

new text begin (6) procedures for continuing operations in the period during and after a crisis;
new text end

new text begin (7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities; and
new text end

new text begin (8) procedures for staff and volunteer emergency preparedness training and practice
drills.
new text end

new text begin (b) The license holder must train caregivers at orientation and at least annually
on the emergency preparedness plan and document completion of this training. The
license holder must conduct drills according to the requirements in Minnesota Rules, part
9502.0435, subpart 8. The drills' date and time must be documented.
new text end

new text begin (c) The license holder must have an emergency preparedness plan available for
review and posted in a prominent location. The license holder must provide a copy of the
plan to the child's parent or legal guardian upon enrollment.
new text end

Sec. 49.

Minnesota Statutes 2014, section 245A.66, subdivision 2, is amended to read:


Subd. 2.

Child care centers; risk reduction plan.

(a) Child care centers licensed
under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan
that identifies the general risks to children served by the child care center. The license
holder must establish procedures to minimize identified risks, train staff on the procedures,
and annually review the procedures.

(b) The risk reduction plan must include an assessment of risk to children the
center serves or intends to serve and identify specific risks based on the outcome of the
assessment. The assessment of risk must be based on the following:

(1) an assessment of the risks presented by the physical plant where the licensed
services are provided, including an evaluation of the following factors: the condition and
design of the facility and its outdoor space, bathrooms, storage areas, and accessibility
of medications and cleaning products that are harmful to children when children are not
supervised and the existence of areas that are difficult to supervise; and

(2) an assessment of the risks presented by the environment for each facility and
for each site, including an evaluation of the following factors: the type of grounds and
terrain surrounding the building and the proximity to hazards, busy roads, and publicly
accessed businesses.

(c) The risk reduction plan must include a statement of measures that deleted text beginwilldeleted text end new text beginshall new text endbe
taken to minimize the risk of harm presented to children for each risk identified in the
assessment required under paragraph (b) related to the physical plant and environment.
At a minimum, the stated measures must include the development and implementation
of specific policies and procedures or reference to existing policies and procedures that
minimize the risks identified.

(d) In addition to any program-specific risks identified in paragraph (b), the plan
must include development and implementation of specific policies and procedures or refer
to existing policies and procedures that minimize the risk of harm or injury to children,
including:

(1) closing children's fingers in doors, including cabinet doors;

(2) leaving children in the community without supervision;

(3) children leaving the facility without supervision;

(4) caregiver dislocation of children's elbows;

(5) burns from hot food or beverages, whether served to children or being consumed
by caregivers, and the devices used to warm food and beverages;

(6) injuries from equipment, such as scissors and glue guns;

(7) sunburn;

(8) deleted text beginfeeding children foods to which they are allergicdeleted text endnew text begin preventing and responding to
allergic reactions
new text end;

(9) children falling from changing tables; and

(10) children accessing dangerous items or chemicals or coming into contact with
residue from harmful cleaning products.

(e) The plan shall prohibit the accessibility of hazardous items to children.

new text begin (f) The plan must include specific procedures and policies for safely handling and
disposing of bodily fluids. The license holder's health consultant must certify that the
procedures and policies are adequate to protect the health of a child.
new text end

deleted text begin (f)deleted text endnew text begin (g)new text end The plan must include specific policies and procedures to ensure adequate
supervision of children at all times as defined under section 245A.02, subdivision 18, with
particular emphasis on:

(1) times when children are transitioned from one area within the facility to another;

(2) nap-time supervision, including infant crib rooms as specified under section
245A.02, subdivision 18, which requires that when an infant is placed in a crib to sleep,
supervision occurs when a staff person is within sight or hearing of the infant. When
supervision of a crib room is provided by sight or hearing, the center must have a plan to
address the other supervision components;

(3) child drop-off and pick-up times;

(4) supervision during outdoor play and on community activities, including but not
limited to field trips and neighborhood walks; and

(5) supervision of children in hallways.

Sec. 50.

Minnesota Statutes 2014, section 245C.03, is amended by adding a
subdivision to read:


new text begin Subd. 6a. new text end

new text begin Nonlicensed child care programs. new text end

new text begin Beginning October 1, 2017, the
commissioner shall conduct background studies on any individual required under section
119B.125 to have a background study completed under this chapter.
new text end

Sec. 51.

Minnesota Statutes 2014, section 245C.04, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1
, at least upon application for initial license for all license types.

(b) new text beginEffective October 1, 2017, new text endthe commissioner shall conduct a background study
of an individual deleted text beginrequired to be studieddeleted text end new text beginspecified new text endunder section 245C.03deleted text begin, subdivision 1deleted text end,
new text beginwho is newly affiliated with the license holder or new text endat new text beginthe time ofnew text end reapplication deleted text beginfor a license
deleted text endfor new text begina new text endfamily child caredeleted text begin.deleted text endnew text begin license.
new text end

new text begin (1) The individual shall provide information required under section 245C.05,
subdivision 1, paragraphs (a), (b), and (d), to the county agency.
new text end

new text begin (2) The county agency shall provide the commissioner with the information received
under clause (1) to complete the background study.
new text end

new text begin (3) The background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.
new text end

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:

(1) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(2) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(3) the last study of the individual was conducted on or after October 1, 1995.

(d) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(e) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with an adult foster care or family adult day services new text beginand effective October 1,
2017, with a family child care
new text endlicense holdernew text begin or a legal nonlicensed child care provider
authorized under chapter 119B
new text end: (1) the county shall collect and forward to the commissioner
the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and
subdivision 5, paragraphs (a) deleted text beginanddeleted text endnew text begin,new text end (b), new text beginand (d), new text endfor background studies conducted by the
commissioner for all family adult day services deleted text beginanddeleted text endnew text begin,new text end for adult foster care when the adult
foster care license holder resides in the adult foster care residencenew text begin, and for family child care
and legal nonlicensed child care authorized under chapter 119B
new text end; (2) the license holder shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1
, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background
studies conducted by the commissioner for adult foster care when the license holder does
not reside in the adult foster care residence; and (3) the background study conducted by
the commissioner under this paragraph must include a review of the information required
under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.

(f) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study requests to the commissioner using the
electronic system known as NETStudy before individuals specified in section 245C.03,
subdivision 1
, begin positions allowing direct contact in any licensed program.

(g) For an individual who is not on the entity's active roster, the entity must initiate a
new background study through NETStudy when:

(1) an individual returns to a position requiring a background study following an
absence of 120 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to
the commissioner under this paragraph in the program's files. If the individual's
disqualification was previously set aside for the license holder's program and the new
background study results in no new information that indicates the individual may pose a
risk of harm to persons receiving services from the license holder, the previous set-aside
shall remain in effect.

(h) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

(i) For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.

new text begin (j) A repeat background study at the time of license renewal is not required if the
substitute caregiver's background study was completed by the commissioner on or after
October 1, 2017, and the substitute caregiver is on the license holder's active roster
in NETStudy 2.0.
new text end

Sec. 52.

Minnesota Statutes 2014, section 245C.05, subdivision 2b, is amended to read:


Subd. 2b.

County agency to collect and forward information to commissioner.

new text begin (a) new text endFor background studies related to all family adult day services and to adult foster care
when the adult foster care license holder resides in the adult foster care residence, the
county agency must collect the information required under subdivision 1 and forward it to
the commissioner.

new text begin (b) Effective October 1, 2017, for background studies related to family child care
and legal nonlicensed child care authorized under chapter 119B, the county agency must
collect the information required under subdivision 1 and provide it to the commissioner.
new text end

Sec. 53.

Minnesota Statutes 2014, section 245C.05, subdivision 4, is amended to read:


Subd. 4.

Electronic transmission.

(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder;

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; and

(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day servicesnew text begin and, effective October
1, 2017, family child care and legal nonlicensed child care authorized under chapter 119B
new text end.

(b) Unless the commissioner has granted a hardship variance under paragraph (c),
a license holder or an applicant must use the electronic transmission system known
as NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.

(c) A license holder or applicant whose program is located in an area in which
high-speed Internet is inaccessible may request the commissioner to grant a variance to
the electronic transmission requirement.

Sec. 54.

Minnesota Statutes 2014, section 245C.05, subdivision 7, is amended to read:


Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual:

(1) has been affiliated with a program or facility regulated by the Department of
Human Services or Department of Health, a facility serving children or youth licensed by
the Department of Corrections, or any type of home care agency or provider of personal
care assistance services within the preceding year; and

(2) has been convicted of a crime constituting a disqualification under section
245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes deleted text beginwilldeleted text end new text beginshall new text endbe reported to the commissioner
by the corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to family child care programsnew text begin for individuals
whose background study was completed in NETStudy 2.0
new text end.

Sec. 55.

Minnesota Statutes 2014, section 245C.08, subdivision 2, is amended to read:


Subd. 2.

Background studies conducted by a county agencynew text begin for family child carenew text end.

(a) new text beginPrior to the implementation of NETStudy 2.0, new text endfor deleted text beginadeleted text end background deleted text beginstudydeleted text endnew text begin studies new text endconducted
by a county agency for family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for:

(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages
13 through 23 living in the household where the licensed services will be provided; and

(ii) any other individual listed under section 245C.03, subdivision 1, when there
is reasonable cause; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

Sec. 56.

Minnesota Statutes 2014, section 245C.08, subdivision 4, is amended to read:


Subd. 4.

Juvenile court records.

(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under section 245C.03, subdivision 1, paragraph (a), when
the commissioner has reasonable cause.

(b) For a background study conducted by a county agencynew text begin for family child care prior
to the implementation of NETStudy 2.0
new text end, the commissioner shall review records from the
juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13
through 23 living in the household where the licensed services will be provided. The
commissioner shall also review records from juvenile courts for any other individual listed
under section 245C.03, subdivision 1, when the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals described in
section 245C.03, subdivision 1, paragraph (a), when requested pursuant to this subdivision.

(d) For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

(e) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 57.

Minnesota Statutes 2014, section 245C.11, subdivision 3, is amended to read:


Subd. 3.

Criminal history data.

County agencies shall have access to the criminal
history data in the same manner as county licensing agencies under this chapter for
purposes of background studies completed new text beginprior to the implementation of NETStudy 2.0
new text endby county agencies on legal nonlicensed child care providers to determine eligibility
for child care funds under chapter 119B.

Sec. 58.

Minnesota Statutes 2014, section 245C.17, subdivision 6, is amended to read:


Subd. 6.

Notice to county agency.

For studies on individuals related to a license to
provide adult foster care and family adult day servicesnew text begin and, effective October 1, 2017,
family child care and legal nonlicensed child care authorized under chapter 119B
new text end, the
commissioner shall also provide a notice of the background study results to the county
agency that initiated the background study.

Sec. 59.

Minnesota Statutes 2014, section 245C.23, subdivision 2, is amended to read:


Subd. 2.

Commissioner's notice of disqualification that is not set aside.

(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact
with persons receiving services from the license holder if:

(1) the individual studied does not submit a timely request for reconsideration
under section 245C.21;

(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22, unless
the individual has a right to request a hearing under section 245C.27, 245C.28, or 256.045;

(3) an individual who has a right to request a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
not request a hearing within the specified time; or

(4) an individual submitted a timely request for a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.

(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the outcome of a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14.

(c) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was not previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous direct supervision when providing direct
contact services, the commissioner shall order the individual to remain under continuous
direct supervision pending the outcome of a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14.

(d) For background studies related to child foster care, the commissioner shall
also notify the county or private agency that initiated the study of the results of the
reconsideration.

(e) For background studies related to new text beginfamily child care, new text endadult foster carenew text begin,new text end and family
adult day services, the commissioner shall also notify the county that initiated the study of
the results of the reconsideration.

Sec. 60.

Minnesota Statutes 2014, section 256.98, subdivision 8, is amended to read:


Subd. 8.

Disqualification from program.

(a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section 401.065, or any court-ordered stay which
carries with it any probationary or other conditions, in the Minnesota family investment
program and any affiliated program to include the diversionary work program and the
work participation cash benefit program, the food stamp or food support program, the
general assistance program, the group residential housing program, or the Minnesota
supplemental aid program shall be disqualified from that program. In addition, any person
disqualified from the Minnesota family investment program shall also be disqualified from
the food stamp or food support program. The needs of that individual shall not be taken
into consideration in determining the grant level for that assistance unit:

(1) for one year after the first offense;

(2) for two years after the second offense; and

(3) permanently after the third or subsequent offense.

The period of program disqualification shall begin on the date stipulated on the
advance notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion unless and until the
findings upon which the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not subject to review. The
sanctions provided under this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided for by law for the offense involved. A
disqualification established through hearing or waiver shall result in the disqualification
period beginning immediately unless the person has become otherwise ineligible for
assistance. If the person is ineligible for assistance, the disqualification period begins
when the person again meets the eligibility criteria of the program from which they were
disqualified and makes application for that program.

(b) A family receiving assistance through child care assistance programs
under chapter 119B with a family member who is found to be guilty of wrongfully
obtaining child care assistance by a federal court, state court, or an administrative
hearing determination or waiver, through a disqualification consent agreement, as part
of an approved diversion plan under section 401.065, or a court-ordered stay with
probationary or other conditions, is disqualified from child care assistance programs. The
disqualifications must be for periods of one year and two years for the first and second
offenses, respectively. Subsequent violations must result in permanent disqualification.
During the disqualification period, disqualification from any child care program must
extend to all child care programs and must be immediately applied.

(c) A provider caring for children receiving assistance through child care assistance
programs under chapter 119B is disqualified from receiving payment for child care
services from the child care assistance program under chapter 119B when the provider is
found to have wrongfully obtained child care assistance by a federal court, state court,
or an administrative hearing determination or waiver under section 256.046, through a
disqualification consent agreement, as part of an approved diversion plan under section
401.065, or a court-ordered stay with probationary or other conditions. The disqualification
must be for a period of deleted text beginone yeardeleted text endnew text begin two yearsnew text end for the first offense deleted text beginand two years for the
second offense
deleted text end. Any subsequent violation must result in permanent disqualification.
The disqualification period must be imposed immediately after a determination is made
under this paragraph. During the disqualification period, the provider is disqualified from
receiving payment from any child care program under chapter 119B.

(d) Any person found to be guilty of wrongfully obtaining general assistance
medical care, MinnesotaCare for adults without children, and upon federal approval, all
categories of medical assistance and remaining categories of MinnesotaCare, except
for children through age 18, by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section 401.065, or any court-ordered stay which
carries with it any probationary or other conditions, is disqualified from that program. The
period of disqualification is one year after the first offense, two years after the second
offense, and permanently after the third or subsequent offense. The period of program
disqualification shall begin on the date stipulated on the advance notice of disqualification
without possibility of postponement for administrative stay or administrative hearing
and shall continue through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent jurisdiction. The period for
which sanctions are imposed is not subject to review. The sanctions provided under this
subdivision are in addition to, and not in substitution for, any other sanctions that may be
provided for by law for the offense involved.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 5, 2017.
new text end

Sec. 61.

Minnesota Statutes 2014, section 256D.051, is amended to read:


256D.051 FOOD STAMP EMPLOYMENT AND TRAINING deleted text beginPROGRAMdeleted text end.

Subdivision 1.

Food stamp employment and training program.

The
commissioner shall implement a food stamp employment and training program in order to
meet the food stamp employment and training participation requirements of the United
States Department of Agriculture. deleted text beginUnless exempt under subdivision 3a, each adult
recipient in the unit must participate in the food stamp employment and training program
each month that the person is eligible for food stamps. The person's participation in
food stamp employment and training services must begin no later than the first day of
the calendar month following the determination of eligibility for food stamps. With the
county agency's consent, and
deleted text end To the extent of available resources, deleted text beginthe persondeleted text endnew text begin a recipientnew text end
may deleted text beginvoluntarily continuedeleted text endnew text begin volunteernew text end to participate in food stamp employment and training
services deleted text beginfor up to three additional consecutive months immediately following termination
of food stamp benefits in order to complete the provisions of the person's employability
development plan
deleted text end.new text begin A recipient who volunteers for employment and training services is
subject to work requirements found in Code of Federal Regulations, title 7, section 273.7.
new text end

Subd. 1a.

Notices deleted text beginand sanctionsdeleted text end.

(a) At the time the county agency notifies the
household that it is eligible for food stamps, the county agency must inform all deleted text beginmandatory
employment and training services participants as identified in subdivision 1 in the
household that they must comply with all food stamp employment and training program
requirements each month, including the requirement to attend an initial orientation to the
food stamp employment and training program and that food stamp eligibility will end
unless the participants comply with the requirements specified in the notice.
deleted text endnew text begin adults of the
opportunity to volunteer for and participate in SNAP employment and training activities;
provide plain language material that explains the benefits of voluntary participation and
provide the name and address of the county's designated employment and training service
provider.
new text end

new text begin (b) The county must inform a recipient who is an able-bodied adult without
dependents that their SNAP benefits are limited to three months in a 36-month period
from the first full month of application unless the recipient meets the work requirements
found in Code of Federal Regulations, title 7, section 273.7.
new text end

deleted text begin (b) A participant who fails without good cause to comply with food stamp
employment and training program requirements of this section, including attendance at
orientation, will lose food stamp eligibility for the following periods:
deleted text end

deleted text begin (1) for the first occurrence, for one month or until the person complies with the
requirements not previously complied with, whichever is longer;
deleted text end

deleted text begin (2) for the second occurrence, for three months or until the person complies with the
requirements not previously complied with, whichever is longer; or
deleted text end

deleted text begin (3) for the third and any subsequent occurrence, for six months or until the person
complies with the requirements not previously complied with, whichever is longer.
deleted text end

deleted text begin If the participant is not the food stamp head of household, the person shall be
considered an ineligible household member for food stamp purposes. If the participant is
the food stamp head of household, the entire household is ineligible for food stamps as
provided in Code of Federal Regulations, title 7, section 273.7(g). "Good cause" means
circumstances beyond the control of the participant, such as illness or injury, illness or
injury of another household member requiring the participant's presence, a household
emergency, or the inability to obtain child care for children between the ages of six and
12 or to obtain transportation needed in order for the participant to meet the food stamp
employment and training program participation requirements.
deleted text end

deleted text begin (c) The county agency shall mail or hand deliver a notice to the participant not later
than five days after determining that the participant has failed without good cause to
comply with food stamp employment and training program requirements which specifies
the requirements that were not complied with, the factual basis for the determination of
noncompliance, and the right to reinstate eligibility upon a showing of good cause for
failure to meet the requirements. The notice must ask the reason for the noncompliance
and identify the participant's appeal rights. The notice must request that the participant
inform the county agency if the participant believes that good cause existed for the failure
to comply and must state that the county agency intends to terminate eligibility for food
stamp benefits due to failure to comply with food stamp employment and training program
requirements.
deleted text end

deleted text begin (d) If the county agency determines that the participant did not comply during the
month with all food stamp employment and training program requirements that were in
effect, and if the county agency determines that good cause was not present, the county
must provide a ten-day notice of termination of food stamp benefits. The amount of
food stamps that are withheld from the household and determination of the impact of
the sanction on other household members is governed by Code of Federal Regulations,
title 7, section 273.7.
deleted text end

deleted text begin (e) The participant may appeal the termination of food stamp benefits under the
provisions of section 256.045.
deleted text end

Subd. 2.

County agency duties.

(a) The county agency shall provide to food stamp
recipients a food stamp employment and training program. The program must include:

(1) orientation to the food stamp employment and training program;

(2) an individualized employability assessment and an individualized employability
development plan that includes assessment of literacy, ability to communicate in the
English language, educational and employment history, and that estimates the length of
time it will take the participant to obtain employment. The employability assessment and
development plan must be completed in consultation with the participant, must assess the
participant's assets, barriers, and strengths, and must identify steps necessary to overcome
barriers to employment. A copy of the employability development plan must be provided
to the registrant;

(3) referral to available accredited remedial or skills training new text beginor career pathways
new text endprograms designed to address participant's barriers to employment;

(4) referral to available programs that provide subsidized or unsubsidized
employment as necessary;

(5) a job search program, including job seeking skills training; and

(6) other activities, to the extent of available resources designed by the county
agency to prepare the participant for permanent employment.

deleted text begin In order to allow time for job search, the county agency may not require an individual
to participate in the food stamp employment and training program for more than 32 hours
a week. The county agency shall require an individual to spend at least eight hours a week
in job search or other food stamp employment and training program activities.
deleted text end

(b) The county agency shall prepare an annual plan for the operation of its food
stamp employment and training program. The plan must be submitted to and approved by
the commissioner of employment and economic development. The plan must include:

(1) a description of the services to be offered by the county agency;

(2) a plan to coordinate the activities of all public new text beginand private nonprofit new text endentities
providing employment-related services in order to avoid duplication of effort and to
provide new text begina wide range of allowable activities and new text endservices more efficiently;

(3) a description of the factors that will be taken into account when determining a
client's employability development plan; and

(4) provisions to ensure that the county agency's employment and training service
deleted text beginprovider providesdeleted text endnew text begin providers providenew text end each recipient with an orientation, employability
assessment, and employability development plan as specified in paragraph (a), clauses (1)
and (2), within 30 days of the recipient's deleted text begineligibility for assistancedeleted text endnew text begin request to participate in
employment and training
new text end.

Subd. 2a.

Duties of commissioner.

In addition to any other duties imposed by law,
the commissioner shall:

(1) based on this section and section 256D.052 and Code of Federal Regulations,
title 7, section 273.7, supervise the administration of food stamp employment and training
services to county agencies;

(2) disburse money appropriated for food stamp employment and training services
to county agencies based upon the county's costs as specified in section 256D.051,
subdivision 6c
;

(3) accept and supervise the disbursement of any funds that may be provided by the
federal government or from other sources for use in this state for deleted text beginfood stampdeleted text end employment
and training services;

(4) cooperate with other agencies including any agency of the United States or of
another state in all matters concerning the powers and duties of the commissioner under
this section and section 256D.052; and

(5) in cooperation with the commissioner of employment and economic
development, ensure that each component of an employment and training program carried
out under this section is delivered through a statewide workforce development system,
unless the component is not available locally through such a system.

Subd. 3.

Participant duties.

In order to receive food stamp deleted text beginassistancedeleted text endnew text begin employment
and training services
new text end, a deleted text beginregistrantdeleted text endnew text begin participant who volunteersnew text end shall: (1) cooperate with
the county agency in all aspects of the food stamp employment and training program;
new text beginand new text end(2) deleted text beginaccept any suitable employment, including employment offered through the Job
Training Partnership Act, and other employment and training options; and (3)
deleted text end participate
in food stamp employment and training activities assigned by the county agency. The
county agency may terminate new text beginemployment and training new text endassistance to a deleted text beginregistrantdeleted text endnew text begin voluntary
participant
new text end who fails to cooperate in the food stamp employment and training program, deleted text beginas
provided in subdivision 1a
deleted text endnew text begin unless good cause is providednew text end.

Subd. 3a.

Requirement to register work.

deleted text begin(a)deleted text end To the extent required under Code
of Federal Regulations, title 7, section 273.7(a), each applicant for and recipient of
food stamps is required to register for work as a condition of eligibility for food stamp
benefits. Applicants and recipients are registered by signing an application or annual
reapplication for food stamps, and must be informed that they are registering for work
by signing the form.

deleted text begin (b) The commissioner shall determine, within federal requirements, persons required
to participate in the food stamp employment and training (FSET) program.
deleted text end

deleted text begin (c) The following food stamp recipients are exempt from mandatory participation in
food stamp employment and training services:
deleted text end

deleted text begin (1) recipients of benefits under the Minnesota family investment program, Minnesota
supplemental aid program, or the general assistance program;
deleted text end

deleted text begin (2) a child;
deleted text end

deleted text begin (3) a recipient over age 55;
deleted text end

deleted text begin (4) a recipient who has a mental or physical illness, injury, or incapacity which is
expected to continue for at least 30 days and which impairs the recipient's ability to obtain
or retain employment as evidenced by professional certification or the receipt of temporary
or permanent disability benefits issued by a private or government source;
deleted text end

deleted text begin (5) a parent or other household member responsible for the care of either a
dependent child in the household who is under age six or a person in the household who is
professionally certified as having a physical or mental illness, injury, or incapacity. Only
one parent or other household member may claim exemption under this provision;
deleted text end

deleted text begin (6) a recipient receiving unemployment insurance or who has applied for
unemployment insurance and has been required to register for work with the Department
of Employment and Economic Development as part of the unemployment insurance
application process;
deleted text end

deleted text begin (7) a recipient participating each week in a drug addiction or alcohol abuse treatment
and rehabilitation program, provided the operators of the treatment and rehabilitation
program, in consultation with the county agency, recommend that the recipient not
participate in the food stamp employment and training program;
deleted text end

deleted text begin (8) a recipient employed or self-employed for 30 or more hours per week at
employment paying at least minimum wage, or who earns wages from employment equal
to or exceeding 30 hours multiplied by the federal minimum wage; or
deleted text end

deleted text begin (9) a student enrolled at least half time in any school, training program, or institution
of higher education. When determining if a student meets this criteria, the school's,
program's or institution's criteria for being enrolled half time shall be used.
deleted text end

Subd. 3b.

Orientation.

The county agency or its employment and training service
deleted text beginproviderdeleted text endnew text begin providersnew text end must provide an orientation to food stamp employment and training
services to each deleted text beginnonexempt food stamp recipient within 30 days of the date that food
stamp eligibility is determined
deleted text endnew text begin recipient within 30 days of the date which they agree to
volunteer
new text end. The orientation must inform the participant of the deleted text beginrequirement to participatedeleted text endnew text begin
benefits of participating
new text end in services, the date, time, and address to report to for services,
the name and telephone number of the food stamp employment and training service
provider, the consequences for failure without good cause to comply, the services and
support services available through food stamp employment and training services and other
providers of similar services, and must encourage the participant to view the food stamp
program as a temporary means of supplementing the family's food needs until the family
achieves self-sufficiency through employment. The orientation may be provided through
audio-visual methods, but the participant must have the opportunity for face-to-face
interaction with county agency staff.

Subd. 6b.

Federal reimbursement.

Federal financial participation from the United
States Department of Agriculture for food stamp employment and training expenditures
that are eligible for reimbursement through the food stamp employment and training
program are dedicated funds and are annually appropriated to the commissioner of human
services for the operation of the food stamp employment and training program. Federal
financial participation for the nonstate portion of food stamp employment and training
costs must be paid to the county agency new text beginor service provider new text endthat incurred the costsnew text begin at
a rate to be determined by the Departments of Human Services and Employment and
Economic Development
new text end.

Subd. 6c.

Program funding.

Within the limits of available resources, the
commissioner shall reimburse the actual costs of county agencies and their employment
and training service providers for the provision of food stamp employment and training
services, including participant support services, direct program services, and program
administrative activities. The cost of services for each county's food stamp employment and
training program shall not exceed the annual allocated amount. No more than 15 percent of
program funds may be used for administrative activities. The county agency may expend
county funds in excess of the limits of this subdivision without state reimbursement.

Program funds shall be allocated based on the county's average number of food
stamp cases as compared to the statewide total number of such cases. The average number
of cases shall be based on counts of cases as of March 31, June 30, September 30, and
December 31 of the previous calendar year. The commissioner may reallocate unexpended
money appropriated under this section to those county agencies that demonstrate a need
for additional funds.

Subd. 7.

Registrant status.

A registrant under this section is not an employee for
the purposes of workers' compensation, unemployment benefits, retirement, or civil service
laws, and shall not perform work ordinarily performed by a regular public employee.

Subd. 8.

Voluntary quit.

A person who is required to participate in food stamp
employment and training services is not eligible for food stamps if, without good cause,
the person refuses a legitimate offer of, or quits, suitable employment within deleted text begin60deleted text endnew text begin 30new text end days
before the date of application. A person who is required to participate in food stamp
employment and training services and, without good cause, voluntarily quits suitable
employment or refuses a legitimate offer of suitable employment while receiving food
stamps shall be terminated from the food stamp program deleted text beginas specified in subdivision 1adeleted text end.

Subd. 9.

Subcontractors.

A county agency may, at its option, subcontract any or all
of the duties under this section to a public or private entity approved by the commissioner
of employment and economic development.

Subd. 18.

deleted text beginWork experiencedeleted text endnew text begin Workfarenew text end placements.

(a) To the extent of available
resources, each county agency deleted text beginmustdeleted text endnew text begin maynew text end establish and operate a deleted text beginwork experiencedeleted text endnew text begin workfarenew text end
component in the food stamp employment and training program for recipients who are
subject to a federal limit of three months of food stamp eligibility in any 36-month period.
The purpose of the deleted text beginwork experiencedeleted text endnew text begin workfarenew text end component is to enhance the participant's
employability, self-sufficiency, and to provide meaningful, productive work activities.

(b) The commissioner shall assist counties in the design and implementation of these
components. The commissioner must ensure that job placements under a deleted text beginwork experiencedeleted text endnew text begin
workfare
new text end component comply with section 256J.72. Written or oral concurrence with job
duties of persons placed under the deleted text begincommunity work experiencedeleted text endnew text begin workfarenew text end program shall be
obtained from the appropriate exclusive bargaining representative.

(c) Worksites developed under this section are limited to projects that serve a useful
public service such as health, social service, environmental protection, education, urban
and rural development and redevelopment, welfare, recreation, public facilities, public
safety, community service, services to aged or disabled citizens, and child care. To the
extent possible, the prior training, skills, and experience of a recipient must be used in
making appropriate deleted text beginwork experiencedeleted text endnew text begin workfarenew text end assignments.

(d) Structured, supervised deleted text beginvolunteerdeleted text endnew text begin uncompensatednew text end work with an agency or
organization that is monitored by the county service provider may, with the approval of
the county agency, be used as a deleted text beginwork experiencedeleted text endnew text begin workfarenew text end placement.

(e) As a condition of placing a person receiving food stamps in a program under this
subdivision, the county agency shall first provide the recipient the opportunity:

(1) for placement in suitable subsidized or unsubsidized employment through
participation in job search under section 256D.051; or

(2) for placement in suitable employment through participation in deleted text beginon-the-job trainingdeleted text endnew text begin
a paid work experience
new text end, if such employment is availabledeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) for placement in an educational program designed to increase job skills and
employability.
new text end

(f) The county agency shall limit the maximum monthly number of hours that any
participant may work in a deleted text beginwork experiencedeleted text endnew text begin workfarenew text end placement to a number equal to the
amount of the family's monthly food stamp allotment divided by the greater of the federal
minimum wage or the applicable state minimum wage.

After a participant has been assigned to a position for deleted text beginninedeleted text endnew text begin sixnew text end months, the participant
may not continue in that assignment unless the maximum number of hours a participant
works is no greater than the amount of the food stamp benefit divided by the rate of pay
for individuals employed in the same or similar occupations by the same employer at
the same site.

(g) The participant's employability development plan must include the length of time
needed in the deleted text beginwork experiencedeleted text endnew text begin workfarenew text end program, the need to continue job seeking activities
while participating in deleted text beginwork experiencedeleted text endnew text begin workfarenew text end, and the participant's employment goals.

(h) After each six months of a recipient's participation in a deleted text beginwork experiencedeleted text endnew text begin workfarenew text end
job placement, and at the conclusion of each deleted text beginwork experiencedeleted text endnew text begin workfarenew text end assignment under
this section, the county agency shall reassess and revise, as appropriate, the participant's
employability development plan.

(i) A participant has good cause for failure to cooperate with a deleted text beginwork experiencedeleted text endnew text begin
workfare
new text end job placement if, in the judgment of the employment and training service
provider, the reason for failure is reasonable and justified. deleted text beginGood cause for purposes of this
section is defined in subdivision 1a, paragraph (b).
deleted text end

(j) A recipient who has failed without good cause to participate in or comply with the
deleted text beginwork experiencedeleted text endnew text begin workfarenew text end job placement shall be terminated from participation in deleted text beginwork
experience
deleted text endnew text begin workfarenew text end job activities. deleted text beginIf the recipient is not exempt from mandatory food
stamp employment and training program participation under subdivision 3a, the recipient
will be assigned to other mandatory program activities. If the recipient is exempt from
mandatory participation but is participating as a volunteer, the person shall be terminated
from the food stamp employment and training program.
deleted text end

Sec. 62.

Minnesota Statutes 2014, section 256J.24, subdivision 5, is amended to read:


Subd. 5.

MFIP transitional standard.

new text begin(a) new text endThe MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance.
The amount of the transitional standard is published annually by the Department of
Human Services.

new text begin (b) The commissioner of human services shall increase the cash assistance portion
of the transitional standard under paragraph (a) by $100.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2016.
new text end

Sec. 63.

Minnesota Statutes 2015 Supplement, section 256M.41, subdivision 3,
is amended to read:


Subd. 3.

Payments based on performance.

(a) The commissioner shall make
payments under this section to each county board on a calendar year basis in an amount
determined under paragraph (b).

(b) Calendar year allocations under subdivision 1 shall be paid to counties in the
following manner:

(1) 80 percent of the allocation as determined in subdivision 1 must be paid to
counties on or before July 10 of each year;

(2) ten percent of the allocation shall be withheld until the commissioner determines
if the county has met the performance outcome threshold of 90 percent based on
face-to-face contact with alleged child victims. In order to receive the performance
allocation, the county child protection workers must have a timely face-to-face contact
with at least 90 percent of all alleged child victims of screened-in maltreatment reports.
The standard requires that each initial face-to-face contact occur consistent with timelines
defined in section 626.556, subdivision 10, paragraph (i). The commissioner shall make
threshold determinations in deleted text beginJanuarydeleted text endnew text begin Februarynew text end of each year and payments to counties
meeting the performance outcome threshold shall occur in deleted text beginFebruarydeleted text endnew text begin Marchnew text end of each year.
Any withheld funds from this appropriation for counties that do not meet this requirement
shall be reallocated by the commissioner to those counties meeting the requirement; and

(3) ten percent of the allocation shall be withheld until the commissioner determines
that the county has met the performance outcome threshold of 90 percent based on
face-to-face visits by the case manager. In order to receive the performance allocation, the
total number of visits made by caseworkers on a monthly basis to children in foster care
deleted text beginand children receiving child protection services while residing in their homedeleted text end must be at
least 90 percent of the total number of such visits that would occur if every child were
visited once per month. The commissioner shall make such determinations in deleted text beginJanuarydeleted text endnew text begin
February
new text end of each year and payments to counties meeting the performance outcome
threshold shall occur in deleted text beginFebruarydeleted text endnew text begin Marchnew text end of each year. Any withheld funds from this
appropriation for counties that do not meet this requirement shall be reallocated by the
commissioner to those counties meeting the requirement. deleted text beginFor 2015, the commissioner
shall only apply the standard for monthly foster care visits.
deleted text end

(c) The commissioner shall work with stakeholders and the Human Services
Performance Council under section 402A.16 to develop recommendations for specific
outcome measures that counties should meet in order to receive funds withheld under
paragraph (b), and include in those recommendations a determination as to whether
the performance measures under paragraph (b) should be modified or phased out. The
commissioner shall report the recommendations to the legislative committees having
jurisdiction over child protection issues by January 1, 2018.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, for allocations made in
state fiscal year 2017 using calendar year 2016 data.
new text end

Sec. 64.

Minnesota Statutes 2015 Supplement, section 256P.05, subdivision 1, is
amended to read:


Subdivision 1.

Exempted programs.

Participants who qualify for deleted text beginchild care
assistance programs under chapter 119B,
deleted text end Minnesota supplemental aid under chapter
256Ddeleted text begin,deleted text end and group residential housing under chapter 256I on the basis of eligibility for
Supplemental Security Income are exempt from this section.new text begin A participant who qualifies
for CCAP under chapter 119B is subject to subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 2, 2017.
new text end

Sec. 65.

Minnesota Statutes 2015 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;

(viii) retirement, survivors, and disability insurance payments;

(ix) nonrecurring income over $60 per quarter unless earmarked and used for the
purpose for which it is intended. Income and use of this income is 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;

(xiii) income and payments from service and rehabilitation programs that meet
or exceed the state's minimum wage rate;

(xiv) income from members of the United States armed forces unless excluded from
income taxes according to federal or state law;

(xv) all child support payments for programs under chapters 119B, 256D, and 256I;

(xvi) the amount of deleted text begincurrentdeleted text end 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; and

(xvii) spousal support.

Sec. 66.

Minnesota Statutes 2015 Supplement, section 256P.07, subdivision 3, is
amended to read:


Subd. 3.

Changes that must be reported.

An assistance unit must report the
changes or anticipated changes specified in clauses (1) to (12) within ten days of the date
they occur, at the time of recertification of eligibility under section 256P.04, subdivisions
8 and 9, or within eight calendar days of a reporting period, whichever occurs first. An
assistance unit must report other changes at the time of recertification of eligibility under
section 256P.04, subdivisions 8 and 9, or at the end of a reporting period, as applicable.
When an agency could have reduced or terminated assistance for one or more payment
months if a delay in reporting a change specified under clauses (1) to (12) had not occurred,
the agency must determine whether a timely notice could have been issued on the day
that the change occurred. When a timely notice could have been issued, each month's
overpayment subsequent to that notice must be considered a client error overpayment
under section 119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must
be reported within ten days must also be reported for the reporting period in which those
changes occurred. Within ten days, an assistance unit must report:

(1) a change in earned income of $100 per month or greaternew text begin, with the exception
of programs under chapter 119B
new text end;

(2) a change in unearned income of $50 per month or greaternew text begin, with the exception
of programs under chapter 119B
new text end;

(3) a change in employment status and hoursnew text begin, with the exception of programs under
chapter 119B
new text end;

(4) a change in address or residence;

(5) a change in household compositionnew text begin,new text end with the exception of programs under
chapter 256I;

(6) a receipt of a lump-sum paymentnew text begin, with the exception of programs under chapter
119B
new text end;

(7) an increase in assets if over $9,000new text begin,new text end with the exception of programs under
chapter 119B;

(8) a change in citizenship or immigration status;

(9) a change in family statusnew text begin,new text end with the exception of programs under chapter 256I;

(10) a change in disability status of a unit member, with the exception of programs
under chapter 119B;

(11) a new rent subsidy or a change in rent subsidynew text begin, with the exception of programs
under chapter 119B
new text end; and

(12) a sale, purchase, or transfer of real propertynew text begin, with the exception of programs
under chapter 119B
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin Clauses (1) to (3), (6), (11), and (12) are effective May 22,
2017.
new text end

Sec. 67.

Minnesota Statutes 2015 Supplement, section 256P.07, subdivision 6, is
amended to read:


Subd. 6.

Child care assistance programs-specific reporting.

new text begin(a) new text endIn addition to
subdivision 3, an assistance unit under chapter 119B, within ten days of the change, must
report:

(1) a change in a parentally responsible individual's deleted text beginvisitation schedule ordeleted text end custody
deleted text beginarrangementdeleted text endnew text begin schedulenew text end for any child receiving deleted text beginchild care assistance programdeleted text endnew text begin CCAP
new text endbenefits; deleted text beginand
deleted text end

(2) a deleted text beginchange indeleted text endnew text begin permanent end in a parentally responsible individual'snew text end authorized
activity deleted text beginstatus.deleted text endnew text begin; and
new text end

new text begin (3) when the family's annual included income exceeds 85 percent of the state median
income, adjusted for family size.
new text end

new text begin (b) An assistance unit subject to section 119B.10, subdivisions 1, paragraph (g), and
3, paragraph (f), must report changes in authorized activity status.
new text end

new text begin (c) An assistance unit must notify the county when the assistance unit wants to
reduce the number of authorized hours for a child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a), clause (1), is effective August 1, 2016.
Paragraph (a), clauses (2) and (3), and paragraphs (b) and (c) are effective May 22, 2017.
new text end

Sec. 68.

new text begin [260C.125] CASE TRANSFER PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section pertains to the transfer of responsibility for
the placement and care of an Indian child in out-of-home placement from the responsible
social services agency to a tribal title IV-E agency or an Indian tribe in and outside of
Minnesota with a title IV-E agreement.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of transfer procedures. new text end

new text begin The responsible social services
agency shall establish and maintain procedures, in consultation with Indian tribes, for the
transfer of responsibility for placement and care of a child to a tribal agency. Transfer of a
child's case under this section shall not affect the child's title IV-E and Medicaid eligibility.
new text end

new text begin Subd. 3. new text end

new text begin Title IV-E eligibility. new text end

new text begin If a child's title IV-E eligibility has not been
determined by the responsible social services agency by the time of transfer, it shall be
established at the time of the transfer by the responsible social services agency.
new text end

new text begin Subd. 4. new text end

new text begin Documentation and information. new text end

new text begin Essential documents and information
shall be transferred to a tribal agency, including but not limited to:
new text end

new text begin (1) district court judicial determinations to the effect that continuation in the home
from which the child was removed would be contrary to the welfare of the child and that
reasonable efforts were made to ensure placement prevention and family reunification
pursuant to section 260.012;
new text end

new text begin (2) documentation related to the child's permanency proceeding under sections
260C.503 to 260C.521;
new text end

new text begin (3) documentation from the responsible social services agency related to the child's
title IV-E eligibility;
new text end

new text begin (4) documentation regarding the child's eligibility or potential eligibility for other
federal benefits;
new text end

new text begin (5) the child's case plan, developed pursuant to sections 475(1) and 475A of the
Social Security Act, including health and education records of the child pursuant to
section 475(1)(c) of the Social Security Act; and section 260C.212, subdivision 1, and
information; and
new text end

new text begin (6) documentation of the child's placement setting, including a copy of the most
recent provider's license.
new text end

Sec. 69.

Minnesota Statutes 2015 Supplement, 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 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 placement;

(3) the extent of compliance with the out-of-home placement plan;

(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 olderdeleted text begin,deleted text endnew text begin:
new text end

new text begin (1)new text end in addition to any administrative review conducted by the new text beginresponsible social
services
new text endagency, 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 caredeleted text begin.deleted text endnew text begin; and
new text end

deleted text begin (e) At the court review required under paragraph (d) for a child age 14 or older,
the following procedures apply:
deleted text end

deleted text begin (1) six months before the child is expected to be discharged from foster care, the
responsible social services agency shall give the written notice required under section
260C.451, subdivision 1, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of social services
under section 256.045. The agency shall file a copy of the notice, including the right to
appeal a denial of social services, with the court. If the agency does not file the notice by
the time the child is age 17-1/2, the court shall require the agency to give it;
deleted text end

(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 adultdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) the court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, tribal enrollment identification card, green card, or
school visa; the child's school, medical, and dental records; a contact list of the child's
medical, dental, and mental health providers; and contact information for the child's
siblings, if the siblings are in foster care.
deleted text end

deleted text begin (f) For a child who will be discharged from foster care at age 18 or older, the
responsible social services agency is required to develop a personalized transition plan as
directed by the youth. The transition plan must be developed during the 90-day period
immediately prior to the expected date of discharge. The transition plan must be as
detailed as the child may elect and include specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and work force
supports and employment services. The agency shall ensure that the youth receives, at
no cost to the youth, a copy of the youth's consumer credit report as defined in section
13C.001 and assistance in interpreting and resolving any inaccuracies in the report. The
plan must include information on the importance of designating another individual to
make health care treatment decisions on behalf of the child if the child becomes unable
to participate in these decisions and the child does not have, or does not want, a relative
who would otherwise be authorized to make these decisions. The plan must provide the
child with the option to execute a health care directive as provided under chapter 145C.
The agency shall also provide the youth with appropriate contact information if the youth
needs more information or needs help dealing with a crisis situation through age 21.
deleted text end

Sec. 70.

Minnesota Statutes 2015 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 which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the foster care facility,
and, where 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.new text begin The
child may select one member of the case planning team to be designated as the child's
adviser 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.
new text endFor 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. new text beginFor a child 18 years of age or older,
the responsible social services agency shall involve the child and the child's parents as
appropriate.
new text endAs 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 to all persons involved in its
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 the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
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 which necessitated removal of the child from home and the changes the
parent or parents must make deleted text beginin orderdeleted text end 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 adoption. At a minimum, the documentation must include
consideration of whether adoption is in the best interests of the child, child-specific
recruitment efforts such as relative search 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 caredeleted text begin, including
deleted text endnew text beginfor 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
new text end:

(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 stabilitynew text begin and attendancenew text end; 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 deleted text beginlocaldeleted text endnew text begin responsible social servicesnew text end 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, deleted text beginwilldeleted text end new text beginshall new text endbe monitored and treated while the child is in foster care;

(iii) how the child's medical information deleted text beginwilldeleted text end new text beginshall new text endbe 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 deleted text beginwill
deleted text endnew text beginshall new text endbe 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 deleted text beginagedeleted text end 14 new text beginyears of age new text endor oldernew text begin, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's adviser and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14
new text end. 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 new text beginresponsible social
services
new text endagency to ensure that the deleted text beginyouthdeleted text end new text beginchild new text endannually receives, at no cost to the deleted text beginyouthdeleted text endnew text begin
child
new text end, 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; deleted text beginand
deleted text end

(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 outcomesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (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.45; and receipt of an annual credit report. The acknowledgment shall state that the
rights were explained in an age-appropriate manner to the child.
new text end

(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.

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.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 71.

Minnesota Statutes 2015 Supplement, section 260C.212, subdivision 14,
is amended to read:


Subd. 14.

Support age-appropriate and developmentally appropriate activities
for foster children.

new text begin(a) new text endResponsible social services agencies and new text beginlicensed new text endchild-placing
agencies shall support a foster child's emotional and developmental growth by permitting
the child to participate in activities or events that are generally accepted as suitable
for children of the same chronological age or are developmentally appropriate for the
child. new text begin"Developmentally appropriate" means based on a child's cognitive, emotional,
physical, and behavioral capacities that are typical for an age or age group.
new text end Foster
parents and residential facility staff are permitted to allow foster children to participate in
extracurricular, social, or cultural activities that are typical for the child's age by applying
reasonable and prudent parenting standards.

new text begin (b) "new text endReasonable and prudent parentingnew text begin" means thenew text end standards deleted text beginaredeleted text end characterized
by careful and sensible parenting decisions that maintain the child's health and safety,
new text begincultural, religious, new text endand deleted text beginare made in the child'sdeleted text endnew text begin tribal values, and new text end best deleted text begininterestdeleted text endnew text begin interests
while encouraging the child's emotional and developmental growth
new text end.

new text begin (c) The commissioner shall provide guidance about the childhood activities and
factors a foster parent and authorized residential facility staff must consider when applying
the reasonable and prudent parenting standards. The factors must include the:
new text end

new text begin (1) child's age, maturity, and developmental level;
new text end

new text begin (2) risk of activity;
new text end

new text begin (3) best interests of the child;
new text end

new text begin (4) importance of the experience in the child's emotional and developmental growth;
new text end

new text begin (5) importance of a family-like experience;
new text end

new text begin (6) behavioral history of the child; and
new text end

new text begin (7) wishes of the child's parent or legal guardian, as appropriate.
new text end

new text begin (d) A residential facility licensed under chapter 2960 must have at least one
staff person present on site, who is trained on the standards according to section
260C.515, subdivision 4, and authorized to apply the reasonable and prudent parenting
standards to decisions involving the approval of a foster child's participation in age and
developmentally appropriate extracurricular, social, or cultural activities.
new text end

new text begin (e) The foster parent or designated staff at residential facilities demonstrating
compliance with the reasonable and prudent parenting standards shall not incur civil
liability if a foster child is harmed or injured because of participating in approved
extracurricular, enrichment, cultural, and social activities.
new text end

Sec. 72.

Minnesota Statutes 2015 Supplement, section 260C.215, subdivision 4,
is amended to read:


Subd. 4.

Duties of commissioner.

The commissioner of human services shall:

(1) provide practice guidance to responsible social services agencies and new text beginlicensed
new text endchild-placing agencies that reflect federal and state laws and policy direction on placement
of children;

(2) develop criteria for determining whether a prospective adoptive or foster family
has the ability to understand and validate the child's cultural background;

(3) provide a standardized training curriculum for adoption and foster care workers
and administrators who work with children. Training must address the following objectives:

(i) developing and maintaining sensitivity to all cultures;

(ii) assessing values and their cultural implications;

(iii) making individualized placement decisions that advance the best interests of a
particular child under section 260C.212, subdivision 2; and

(iv) issues related to cross-cultural placement;

(4) provide a training curriculum for all prospective adoptive and foster families
that prepares them to care for the needs of adoptive and foster children taking into
consideration the needs of children outlined in section 260C.212, subdivision 2, paragraph
(b)new text begin, and, as necessary, preparation is continued after placement of the child and includes
the knowledge and skills related to reasonable and prudent parenting standards for the
participation of the child in age or developmentally appropriate activities, according to
section 260C.212, subdivision 14
new text end;

(5) develop and provide to new text beginresponsible social services new text endagencies new text beginand licensed
child-placing agencies
new text enda home study format to assess the capacities and needs of
prospective adoptive and foster families. The format must address problem-solving skills;
parenting skills; evaluate the degree to which the prospective family has the ability
to understand and validate the child's cultural background, and other issues needed to
provide sufficient information for agencies to make an individualized placement decision
consistent with section 260C.212, subdivision 2. For a study of a prospective foster parent,
the format must also address the capacity of the prospective foster parent to provide a
safe, healthy, smoke-free home environment. If a prospective adoptive parent has also
been a foster parent, any update necessary to a home study for the purpose of adoption
may be completed by the licensing authority responsible for the foster parent's license.
If a prospective adoptive parent with an approved adoptive home study also applies for
a foster care license, the license application may be made with the same agency which
provided the adoptive home study; and

(6) consult with representatives reflecting diverse populations from the councils
established under sections 3.922 and 15.0145, and other state, local, and community
organizations.

Sec. 73.

Minnesota Statutes 2015 Supplement, section 260C.451, subdivision 6,
is amended to read:


Subd. 6.

Reentering foster care and accessing services after deleted text beginagedeleted text end 18new text begin years of
age and up to 21 years of age
new text end.

(a) Upon request of an individual deleted text beginbetween the ages of
18 and 21
deleted text end who had been under the guardianship of the commissioner and who has left
foster care without being adopted, the responsible social services agency which had
been the commissioner's agent for purposes of the guardianship shall develop with the
individual a plan to increase the individual's ability to live safely and independently using
the plan requirements of section 260C.212, subdivision 1, paragraph (c), clause (12), and
to assist the individual to meet one or more of the eligibility criteria in subdivision 4 if
the individual wants to reenter foster care. The new text beginresponsible social services new text endagency shall
provide foster care as required to implement the plan. The new text beginresponsible social services
new text endagency shall enter into a voluntary placement agreement under section 260C.229 with the
individual if the plan includes foster care.

(b) Individuals who had not been under the guardianship of the commissioner of
human services prior to new text begin18 years of new text endage deleted text begin18 and are between the ages of 18 and 21deleted text end may ask
to reenter foster care after age 18 and, to the extent funds are available, the responsible
social services agency that had responsibility for planning for the individual before
discharge from foster care may provide foster care or other services to the individual for
the purpose of increasing the individual's ability to live safely and independently and to
meet the eligibility criteria in subdivision 3a, if the individual:

(1) was in foster care for the six consecutive months prior to the person's 18th
birthday and was not discharged home, adopted, or received into a relative's home under a
transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or

(2) was discharged from foster care while on runaway status after age 15.

(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a specific
plan related to that individual's vocational, educational, social, or maturational needs and,
to the extent funds are available, provide foster care as required to implement the plan.
The new text beginresponsible social services new text endagency shall enter into a voluntary placement agreement
with the individual if the plan includes foster care.

(d) deleted text beginYouthdeleted text end new text beginA child new text endwho left foster care while under guardianship of the commissioner
of human services deleted text beginretaindeleted text endnew text begin retainsnew text end eligibility for foster care for placement at any time
deleted text beginbetween the ages of 18 anddeleted text endnew text begin prior to new text end 21new text begin years of agenew text end.

Sec. 74.

Minnesota Statutes 2014, section 260C.451, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Administrative or court review of placements. new text end

new text begin (a) The court shall
conduct reviews at least annually to ensure the responsible social services agency is
making reasonable efforts to finalize the permanency plan for the child.
new text end

new text begin (b) The court shall find that the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child when the responsible
social services agency:
new text end

new text begin (1) provides appropriate support to the child and foster care provider to ensure
continuing stability and success in placement;
new text end

new text begin (2) works with the child to plan for transition to adulthood and assists the child in
demonstrating progress in achieving related goals;
new text end

new text begin (3) works with the child to plan for independent living skills and assists the child in
demonstrating progress in achieving independent living goals; and
new text end

new text begin (4) prepares the child for independence according to sections 260C.203, paragraph
(d), and 260C.452, subdivision 4.
new text end

new text begin (c) The responsible social services agency must ensure that an administrative review
that meets the requirements of this section and section 260C.203 is completed at least six
months after each of the court's annual reviews.
new text end

Sec. 75.

new text begin [260C.452] SUCCESSFUL TRANSITION TO ADULTHOOD.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section pertains to a child who is under the guardianship
of the commissioner of human services, or who has a permanency disposition of
permanent custody to the agency, or who will leave foster care at 18 to 21 years of age.
new text end

new text begin Subd. 2. new text end

new text begin Independent living plan. new text end

new text begin When the child is 14 years of age or older,
the responsible social services agency, in consultation with the child, shall complete
the independent living plan according to section 260C.212, subdivision 1, paragraph
(c), clause (12).
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin Six months before the child is expected to be discharged from
foster care, the responsible social services agency shall provide written notice regarding
the right to continued access to services for certain children in foster care past 18 years of
age and of the right to appeal a denial of social services under section 256.045.
new text end

new text begin Subd. 4. new text end

new text begin Administrative or court review of placements. new text end

new text begin (a) When the child is 14
years of age or older, the court, in consultation with the child, shall review the independent
living plan according to section 260C.203, paragraph (d).
new text end

new text begin (b) The responsible social services agency shall file a copy of the notification
required in subdivision 3 with the court. If the responsible social services agency does
not file the notice by the time the child is 17-1/2 years of age, the court shall require the
responsible social services agency to file the notice.
new text end

new text begin (c) The court shall ensure that the responsible social services agency assists the child
in obtaining the following documents before the child leaves foster care: a Social Security
card; an official or certified copy of the child's birth certificate; a state identification card
or driver's license, tribal enrollment identification card, green card, or school visa; health
insurance information; the child's school, medical, and dental records; a contact list of
the child's medical, dental, and mental health providers; and contact information for the
child's siblings, if the siblings are in foster care.
new text end

new text begin (d) For a child who will be discharged from foster care at 18 years of age or older,
the responsible social services agency must develop a personalized transition plan as
directed by the child during the 90-day period immediately prior to the expected date of
discharge. The transition plan must be as detailed as the child elects and include specific
options, including but not limited to:
new text end

new text begin (1) affordable housing with necessary supports that does not include a homeless
shelter;
new text end

new text begin (2) health insurance, including eligibility for medical assistance as defined in
256B.055, subdivision 17;
new text end

new text begin (3) education, including application to the Education and Training Voucher Program;
new text end

new text begin (4) local opportunities for mentors and continuing support services, including the
Healthy Transitions and Homeless Prevention program, if available;
new text end

new text begin (5) workforce supports and employment services;
new text end

new text begin (6) a copy of the child's consumer credit report as defined in section 13C.001 and
assistance in interpreting and resolving any inaccuracies in the report, at no cost to the child;
new text end

new text begin (7) information on executing a health care directive under chapter 145C and on the
importance of designating another individual to make health care decisions on behalf of
the child if the child becomes unable to participate in decisions; and
new text end

new text begin (8) appropriate contact information through 21 years of age if the child needs
information or help dealing with a crisis situation.
new text end

new text begin Subd. 5. new text end

new text begin Notice of termination of foster care. new text end

new text begin (a) When a child leaves foster care
at 18 years of age or older, the responsible social services agency shall give the child
written notice that foster care shall terminate 30 days from the date the notice is sent.
new text end

new text begin (b) The child or the child's guardian ad litem may file a motion asking the court to
review the responsible social services agency's determination within 15 days of receiving
the notice. The child shall not be discharged from foster care until the motion is heard. The
responsible social services agency shall work with the child to transition out of foster care.
new text end

new text begin (c) The written notice of termination of benefits shall be on a form prescribed by
the commissioner and shall give notice of the right to have the responsible social services
agency's determination reviewed by the court under this section or sections 260C.203,
260C.317, and 260C.515, subdivision 5 or 6. A copy of the termination notice shall
be sent to the child and the child's attorney, if any, the foster care provider, the child's
guardian ad litem, and the court. The responsible social services agency is not responsible
for paying foster care benefits for any period of time after the child leaves foster care.
new text end

Sec. 76.

Minnesota Statutes 2015 Supplement, section 260C.521, subdivision 1,
is amended to read:


Subdivision 1.

Child in permanent custody of responsible social services agency.

(a) Court reviews of an order for permanent custody to the responsible social services
agency for placement of the child in foster care must be conducted at least yearly at an
in-court appearance hearing.

(b) The purpose of the review hearing is to ensure:

(1) the new text beginresponsible social services agency made intensive, ongoing, and, as of the
date of the hearing, unsuccessful effort to return the child home or secure a placement for
the child with a fit and willing relative, custodian, or adoptive parent, and an
new text endorder for
permanent custody to the responsible social services agency for placement of the child in
foster care continues to be in the best interests of the child deleted text beginand that no other permanency
disposition order is in the best interests of the child
deleted text end;

(2) that the new text beginresponsible social services new text endagency is assisting the child to build
connections to the child's family and community; deleted text beginand
deleted text end

(3) that the new text beginresponsible social services new text endagency is appropriately planning with the
child for development of independent living skills for the child and, as appropriate, for the
orderly and successful transition to deleted text beginindependent livingdeleted text endnew text begin adulthoodnew text end that may occur if the
child continues in foster care without another permanency disposition orderdeleted text begin.deleted text endnew text begin;
new text end

new text begin (4) the child's foster family home or child care institution is following the reasonable
and prudent parenting standards; and
new text end

new text begin (5) the child has regular, ongoing opportunities to engage in age or developmentally
appropriate activities by consulting with the child in an age-appropriate manner about the
opportunities.
new text end

(c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the new text beginresponsible social services new text endagency to finalize an alternative permanent plan
for the child including the new text beginresponsible social services new text endagency's efforts to:

(1) ensure that permanent custody to the new text beginresponsible social services new text endagency with
placement of the child in foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability deleted text beginor, if not, to identify and attempt
to finalize another permanency disposition order under this chapter that would better serve
the child's needs and best interests;
deleted text end new text beginby reviewing the compelling reasons it continues not
to be in the best interest of the child to:
new text end

new text begin (i) return home;
new text end

new text begin (ii) be placed for adoption; or
new text end

new text begin (iii) be placed with a fit and willing relative through an order for permanent legal
and physical custody under section 260C.515, subdivision 4;
new text end

(2) identify a specific foster home for the child, if one has not already been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of foster care and also ensure
appropriate services or assistance to maintain relationships with appropriate family
members and the child's community; and

(5) plan for the child's independence upon the child's leaving foster care living as
required under section 260C.212, subdivision 1.

(d) The court may find that the new text beginresponsible social services new text endagency has made
reasonable efforts to finalize the permanent plan for the child when:

(1) the new text beginresponsible social services new text endagency has made reasonable efforts to identify a
more legally permanent home for the child than is provided by an order for permanent
custody to the agency for placement in foster care;

(2) the child has been asked about the child's desired permanency outcome; and

(3) the new text beginresponsible social services new text endagency's engagement of the child in planning for
deleted text beginindependent livingdeleted text endnew text begin a successful transition to adulthoodnew text end is reasonable and appropriate.

Sec. 77.

new text begin [260D.14] SUCCESSFUL TRANSITION TO ADULTHOOD FOR
CHILDREN IN VOLUNTARY PLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Case planning. new text end

new text begin When the child is 14 years of age or older, the
responsible social services agency shall ensure a child in foster care under this chapter is
provided with the case plan requirements in section 260C.212, subdivisions 1 and 14.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin The responsible social services agency shall provide written
notice of the right to continued access to services for certain children in foster care past 18
years of age under section 260C.452, subdivision 3, and of the right to appeal a denial
of social services under section 256.045. The notice must be provided to the child six
months before the child's 18th birthday.
new text end

new text begin Subd. 3. new text end

new text begin Administrative or court reviews. new text end

new text begin When the child is 17 years of age or
older, the administrative review or court hearing must include a review of the responsible
social services agency's support for the child's successful transition to adulthood as
required in section 260C.452, subdivision 4.
new text end

Sec. 78.

Minnesota Statutes 2015 Supplement, section 626.556, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245D;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter
124E; or

(3) a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision 19a.

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve sexual abuse or substantial child endangerment, and for reports of
maltreatment in facilities required to be licensed under chapter 245A or 245D; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9
, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.

(f) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance, or the
presence of a fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(h) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

(i) "Operator" means an operator or agency as defined in section 245A.02.

(j) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include, but
are not limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head,
which results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(10) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Report" means any communication received by the local welfare agency,
police department, county sheriff, or agency responsible for child protection pursuant to
this section that describes neglect or physical or sexual abuse of a child and contains
sufficient content to identify the child and any person believed to be responsible for the
neglect or abuse, if known.

(n) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in
the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse
also includes any act which involves a minor which constitutes a violation of prostitution
offenses under sections 609.321 to 609.324 or 617.246. new text beginEffective May 29, 2017, sexual
abuse includes a child who is identified as a victim of sex trafficking regardless of who is
the alleged perpetrator. Sexual abuse includes child sex trafficking as defined in section
609.321, subdivisions 7a and 7b.
new text endSexual abuse includes threatened sexual abuse which
includes the status of a parent or household member who has committed a violation which
requires registration as an offender under section 243.166, subdivision 1b, paragraph (a)
or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).

(o) "Substantial child endangerment" means a person responsible for a child's care,
by act or omission, commits or attempts to commit an act against a child under their
care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.503, subdivision 2.

(p) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child 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.

A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (q) from the Department of
Human Services.

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (p), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.503, subdivision 2.

(r) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

Sec. 79.

Minnesota Statutes 2015 Supplement, section 626.556, subdivision 3c,
is amended to read:


Subd. 3c.

Local welfare agency, Department of Human Services or Department
of Health responsible for assessing or investigating reports of maltreatment.

(a)
The deleted text begincountydeleted text end local welfare agency is the agency responsible for assessing or investigating
allegations of maltreatment in child foster care, family child care, legally deleted text beginunlicenseddeleted text endnew text begin
nonlicensed
new text end child care, juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's county, and reports involving children served by deleted text beginan
unlicensed
deleted text endnew text begin a nonlicensednew text end personal care provider organization under section 256B.0659.
Copies of findings related to personal care provider organizations under section 256B.0659
must be forwarded to the Department of Human Services provider enrollment.

(b) The Department of Human Services is the agency responsible for assessing or
investigating allegations of maltreatment in new text begincertified centers under chapter 119B and in
new text endfacilities licensed under chapters 245A and 245D, except for child foster care and family
child care.

(c) The Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58
and 144A.46.

Sec. 80.

Minnesota Statutes 2014, section 626.556, subdivision 3e, is amended to read:


Subd. 3e.

Agency responsible for assessing or investigating reports of sexual
abuse.

The local welfare agency is the agency responsible for investigating allegations
of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
functioning within the family unit as a person responsible for the child's care, or a person
with a significant relationship to the child if that person resides in the child's household.new text begin
Effective May 29, 2017, the local welfare agency is also responsible for investigating
when a child is identified as a victim of sex trafficking.
new text end

Sec. 81.

Minnesota Statutes 2015 Supplement, section 626.556, subdivision 10b,
is amended to read:


Subd. 10b.

Duties of commissioner; neglect or abuse in facility.

(a) This section
applies to the commissioners of human services, health, and education. The commissioner
of the agency responsible for assessing or investigating the report shall immediately
assess or investigate if the report alleges that:

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected,
physically abused, sexually abused, or is the victim of maltreatment in a facility by an
individual in that facility, or has been so neglected or abused, or been the victim of
maltreatment in a facility by an individual in that facility within the three years preceding
the report; or

(2) a child was neglected, physically abused, sexually abused, or is the victim of
maltreatment in a facility by an individual in a facility defined in subdivision 2, while in
the care of that facility within the three years preceding the report.

new text begin (b) new text endThe commissioner of the agency responsible for assessing or investigating the
report shall arrange for the transmittal to the commissioner of reports received by local
agencies and may delegate to a local welfare agency the duty to investigate reports. In
conducting an investigation under this section, the commissioner has the powers and
duties specified for local welfare agencies under this section. The commissioner of the
agency responsible for assessing or investigating the report or local welfare agency may
interview any children who are or have been in the care of a facility under investigation
and their parents, guardians, or legal custodians.

deleted text begin (b)deleted text end new text begin(c) new text endPrior to any interview, the commissioner of the agency responsible for
assessing or investigating the report or local welfare agency shall notify the parent,
guardian, or legal custodian of a child who will be interviewed in the manner provided
for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian,
or legal custodian of a child in an out-of-home placement have failed, the child may be
interviewed if there is reason to believe the interview is necessary to protect the child or
other children in the facility. The commissioner of the agency responsible for assessing
or investigating the report or local agency must provide the information required in this
subdivision to the parent, guardian, or legal custodian of a child interviewed without
parental notification as soon as possible after the interview. When the investigation is
completed, any parent, guardian, or legal custodian notified under this subdivision shall
receive the written memorandum provided for in subdivision 10d, paragraph (c).

deleted text begin (c)deleted text end new text begin(d) new text endIn conducting investigations under this subdivision the commissioner or
local welfare agency shall obtain access to information consistent with subdivision 10,
paragraphs (h), (i), and (j). In conducting assessments or investigations under this
subdivision, the commissioner of education shall obtain access to reports and investigative
data that are relevant to a report of maltreatment and are in the possession of a school
facility as defined in subdivision 2, paragraph (c), notwithstanding the classification of the
data as educational or personnel data under chapter 13. This includes, but is not limited
to, school investigative reports, information concerning the conduct of school personnel
alleged to have committed maltreatment of students, information about witnesses, and any
protective or corrective action taken by the school facility regarding the school personnel
alleged to have committed maltreatment.

deleted text begin (d)deleted text end new text begin(e) new text endThe commissioner may request assistance from the local social services
agency.

Sec. 82.

Minnesota Statutes 2014, section 626.556, subdivision 10f, is amended to read:


Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian of
the child of the need for services to address child safety concerns or significant risk of
subsequent child maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed. Within ten working
days of the conclusion of an investigation, the local welfare agency or agency responsible
for investigating the report shall notify the parent or guardian of the child, the person
determined to be maltreating the child, and, if applicable, the director of the facility, of
the determination and a summary of the specific reasons for the determination. When the
investigation involves a child foster care setting that is monitored by a private licensing
agency under section 245A.16, the local welfare agency responsible for investigating the
report shall notify the private licensing agency of the determination and shall provide a
summary of the specific reasons for the determination. The notice to the private licensing
agency must include identifying private data, but not the identity of the reporter of
maltreatment. The notice must also include a certification that the information collection
procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of
the right of a data subject to obtain access to other private data on the subject collected,
created, or maintained under this section. In addition, the notice shall include the length of
time that the records deleted text beginwilldeleted text end new text beginshall new text endbe kept under subdivision 11c. The investigating agency
shall notify the parent or guardian of the child who is the subject of the report, and any
person or facility determined to have maltreated a child, of their appeal or review rights
under this section. The notice must also state that a finding of maltreatment may result
in denial of a license application or background study disqualification under chapter
245C related to employment or services that are licensed by the Department of Human
Services under chapter 245A, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services related to
deleted text beginan unlicenseddeleted text endnew text begin a nonlicensednew text end personal care provider organization under chapter 256B.

Sec. 83. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, section 119B.07, new text end new text begin is repealed effective May 22, 2017.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2014, section 119B.125, subdivision 5, new text end new text begin is repealed effective
January 2, 2017.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2015 Supplement, section 119B.125, subdivision 8, new text end new text begin is
repealed effective the day following final enactment.
new text end

new text begin (d) new text end new text begin Minnesota Rules, parts 3400.0040, subparts 6a and 6b; 3400.0110, subpart 2a;
and 3400.0170, subparts 7 and 8,
new text end new text begin are repealed effective January 2, 2017.
new text end

new text begin (e) new text end new text begin Minnesota Rules, part 3400.0110, subpart 10, new text end new text begin is repealed effective May 22, 2017.
new text end

new text begin (f) new text end new text begin Minnesota Rules, parts 9502.0405, subpart 4, item C; 9502.0425, subpart 18;
9503.0100; 9503.0140, subpart 5; 9503.0145, subpart 6; and 9503.0155, subpart 11,
new text end new text begin are
repealed.
new text end

ARTICLE 3

CONTINUING CARE

Section 1.

Minnesota Statutes 2014, section 245A.02, is amended by adding a
subdivision to read:


new text begin Subd. 23. new text end

new text begin Corporate foster care. new text end

new text begin "Corporate foster care" means a 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, that is not the primary
residence of the license holder for the entire period of licensure.
new text end

Sec. 2.

Minnesota Statutes 2014, section 245A.02, is amended by adding a subdivision
to read:


new text begin Subd. 24. new text end

new text begin Person's own home. new text end

new text begin "Person's own home" means a setting where the
person decides who lives in the home, who provides services, and who is responsible for
maintenance of the home. If the home is owned by another entity, the lease or rental
agreement is in the person's name. If the person has a legal guardian, the court may identify
the responsibilities of the guardian to include signing a lease agreement on behalf of the
person and making decisions about service providers. A person living with another person
related by blood, marriage, or adoption is considered to be living in the person's own home.
new text end

Sec. 3.

Minnesota Statutes 2014, section 245A.03, subdivision 7, is amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an
initial license for deleted text beginchild 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
deleted text endnew text begin corporate foster carenew text end. If a 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. deleted text beginThe commissioner shall not
issue an initial license for a community residential setting licensed under chapter 245D.
Exceptions to the moratorium include:
deleted text end

new text begin (b) The commissioner shall not issue an initial license for a community residential
setting (CRS) licensed under chapter 245D.
new text end

new text begin (c) The moratorium does not apply to foster care settings that are required to be
registered under chapter 144D.
new text end

new text begin (d) In approving an exception under this paragraph, the commissioner shall consider
the need-determination process as defined in section 256B.4915, the availability of
foster care licensed beds in the geographic area in which the licensee operates, and the
recommendation of the local county board. The commissioner's determination shall be
final. Exceptions to the moratorium under this subdivision include:
new text end

deleted text begin (1) foster care settings that are required to be registered under chapter 144D;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end foster care licenses replacing foster care licenses in existence on May 15,
2009, or deleted text begincommunity residential settingdeleted text endnew text begin CRS new text end licenses replacing adult foster care licenses
in existence on December 31, 2013, and determined to be needed by the commissioner
under paragraph (b);new text begin or
new text end

deleted text begin (3)deleted text endnew text begin (2)new text end new foster care licenses or deleted text begincommunity residential settingdeleted text endnew text begin CRSnew text end licenses
determined to be needed by the commissioner deleted text beginunder 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
;
deleted text endnew text begin for:
new text end

new text begin (i) closing or reducing capacity of a nursing facility, intermediate care facility for
individuals with developmental disabilities, or regional treatment center; restructuring
state-operated services; or allowing movement to the community for individuals 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;
new text end

new text begin (ii) an individual requiring hospital level care;
new text end

new text begin (iii) an individual transitioning from residential care waiver service to foster care
service, when:
new text end

new text begin (A) the individual's case manager provided information about the choice of services,
service providers, and location of services to help the individual make an informed
choice; and
new text end

new text begin (B) the individual's foster care services are less than or equal to the cost of the
individual's residential care waiver services;
new text end

new text begin (iv) an individual transitioning from a nonlicensed setting to a licensed foster care
or CRS, when:
new text end

new text begin (A) the individual's case manager provided information about the choice of services,
service providers, and location of services to help the individual make an informed
choice; and
new text end

new text begin (B) the individual's services provided in the licensed foster care or CRS are less than
or equal to the cost of the individual's nonlicensed setting services;
new text end

new text begin (v) children who would otherwise reside in a hospital, nursing facility, intermediate
care facility for individuals with developmental disabilities, or an out-of-state placement;
new text end

new text begin (vi) planned out-of-home respite care for individuals receiving home and
community-based services waivers and living with the individual's primary caregiver,
up to 40 new beds;
new text end

new text begin (vii) individuals who now live on their own and require a return to a foster care
licensed setting within 18 months of leaving a foster care licensed setting because of
health and safety concerns; or
new text end

new text begin (viii) individuals demitted from a foster care licensed setting or CRS, using the
process described in section 245D.10, subdivision 3 or 3a, and who are in need of a foster
care licensed setting or CRS, if the commissioner determines granting the exception shall
allow the individual to live in the individual's community of choice, up to 15 beds per year.
new text end

deleted text begin (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; or
deleted text end

deleted text begin (5) new foster care licenses or community residential setting licenses determined to
be needed by the commissioner for the transition of people from personal care assistance
to the home and community-based services.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (c)deleted text endnew text begin (e)new text end 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 deleted text begincommunity residential settingdeleted text endnew text begin CRSnew text end, the deleted text begincounty
deleted text endnew text beginlead agency new text endshall immediately inform the Department of Human Services Licensing
Division. deleted text beginThe department shall decrease the statewide licensed capacity for adult foster
care settings where the physical location is not the primary residence of the license
holder, or for adult community residential settings, if the voluntary changes described in
paragraph (e) are not sufficient to meet the savings required by reductions in licensed bed
capacity under Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40,
paragraph (f), and maintain statewide long-term care residential services capacity within
budgetary limits. Implementation of the statewide licensed capacity reduction shall begin
on July 1, 2013. The commissioner shall delicense up to 128 beds by June 30, 2014, using
the needs determination process. Prior to any involuntary reduction of licensed capacity,
the commissioner shall consult with lead agencies and license holders to determine which
adult foster care settings, where the physical location is not the primary residence of the
license holder, or community residential settings, are licensed for up to five beds, but have
operated at less than full capacity for 12 or more months as of March 1, 2014. The settings
that meet these criteria must be the first to be considered for an involuntary decrease
in statewide licensed capacity, up to a maximum of 35 beds. If more than 35 beds are
identified that meet these criteria, the commissioner shall prioritize the selection of those
beds to be closed based on the length of time the beds have been vacant. The longer a bed
has been vacant, the higher priority it must be given for closure. Under this paragraph,
the commissioner has the authority to reduce unused licensed capacity of a current foster
care program, or the community residential settings, to accomplish the consolidation or
closure of settings. Under this paragraph, the commissioner has the authority to manage
statewide capacity, including adjusting the capacity available to each county and adjusting
statewide available capacity, to meet the statewide needs identified through the process in
paragraph (e). A decreased licensed capacity according to this paragraph is not subject to
appeal under this chapter.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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 required under paragraph (c) 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
long-term care 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 care services reports and statewide data and information. By February 1, 2013,
and August 1, 2014, and each following year, the commissioner shall provide information
and data on the overall capacity of licensed long-term care services, actions taken under
this subdivision to manage statewide long-term care services and supports resources, and
any recommendations for change to the legislative committees with jurisdiction over
health and human services budget.
deleted text end

(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.

new text begin (g) Consistent with the requirements of section 256B.4915, the commissioner has
the authority to manage statewide capacity of licensed corporate foster care and CRSs,
including adjusting the capacity within a geographic region or consolidating or reducing
foster care or CRS licensed beds to meet the statewide needs identified through the
process in section 256B.4915.
new text end

new text begin (h) The commissioner must provide written notice of the reduction of licensed beds
to a license holder whose corporate foster care or CRS beds were decreased. Notice
must be given by certified mail or personal service, state the reason the licensed beds
were reduced, and inform the license holder of the right to reconsideration. The request
for reconsideration from the license holder must be submitted in writing and, if mailed,
postmarked and sent to the commissioner within 20 calendar days after the license holder
received the notice of reduction in licensed beds.
new text end

deleted text begin (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 section 256B.0915, 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.
deleted text end

Sec. 4.

Minnesota Statutes 2015 Supplement, section 245D.03, subdivision 1, is
amended to read:


Subdivision 1.

Applicability.

(a) The commissioner shall regulate the provision of
home and community-based services to persons with disabilities and persons age 65 and
older pursuant to this chapter. The licensing standards in this chapter govern the provision
of basic support services and intensive support services.

(b) Basic support services provide the level of assistance, supervision, and care that
is necessary to ensure the health and welfare of the person and do not include services that
are specifically directed toward the training, treatment, habilitation, or rehabilitation of
the person. Basic support services include:

(1) in-home and out-of-home respite care services as defined in section 245A.02,
subdivision 15, and under the brain injury, community alternative care, community access
for disability inclusion, developmental disability, and elderly waiver plans, excluding
out-of-home respite care provided to children in a family child foster care home licensed
under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license
holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and
8, or successor provisions; and section 245D.061 or successor provisions, which must
be stipulated in the statement of intended use required under Minnesota Rules, part
2960.3000, subpart 4;

(2) adult companion services as defined under the brain injury, community access
for disability inclusion, and elderly waiver plans, excluding adult companion services
provided under the Corporation for National and Community deleted text beginServicesdeleted text endnew text begin Service,new text end Senior
Companion Program deleted text beginestablisheddeleted text end under deleted text beginthe Domestic Volunteer Service Act of 1973, Public
Law 98-288
deleted text endnew text begin Code of Federal Regulations, title 45, subpart B, chapter 25, part 2551 et seq.new text end;

(3) personal support as defined under the developmental disability waiver plan;

(4) 24-hour emergency assistance, personal emergency response as defined under
the community access for disability inclusion and developmental disability waiver plans;

(5) night supervision services as defined under the brain injury waiver plan; deleted text beginand
deleted text end

(6) homemaker services as defined under the community access for disability
inclusion, brain injury, community alternative care, developmental disability, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter
144A and those providers providing cleaning services onlydeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) individual community living support under section 256B.0915, subdivision 3j.
new text end

(c) Intensive support services provide assistance, supervision, and care that is
necessary to ensure the health and welfare of the person and services specifically directed
toward the training, habilitation, or rehabilitation of the person. Intensive support services
include:

(1) intervention services, including:

(i) behavioral support services as defined under the brain injury and community
access for disability inclusion waiver plans;

(ii) in-home or out-of-home crisis respite services as defined under the developmental
disability waiver plan; and

(iii) specialist services as defined under the current developmental disability waiver
plan;

(2) in-home support services, including:

(i) in-home family support and supported living services as defined under the
developmental disability waiver plan;

(ii) independent living services training as defined under the brain injury and
community access for disability inclusion waiver plans; and

(iii) semi-independent living services;

(3) residential supports and services, including:

(i) supported living services as defined under the developmental disability waiver
plan provided in a family or corporate child foster care residence, a family adult foster
care residence, a community residential setting, or a supervised living facility;

(ii) foster care services as defined in the brain injury, community alternative care,
and community access for disability inclusion waiver plans provided in a family or
corporate child foster care residence, a family adult foster care residence, or a community
residential setting; and

(iii) residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including ICFs/DD;

(4) day services, including:

(i) structured day services as defined under the brain injury waiver plan;

(ii) day training and habilitation services under sections 252.41 to 252.46, and as
defined under the developmental disability waiver plan; and

(iii) prevocational services as defined under the brain injury and community access
for disability inclusion waiver plans; and

(5) supported employment as defined under the brain injury, developmental
disability, and community access for disability inclusion waiver plans.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 5.

Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 30,
is amended to read:


Subd. 30.

Median total care-related cost per diem and other operating per diem
determined.

(a) The commissioner shall determine the median total care-related per
diem to be used in subdivision 50 and the median other operating per diem to be used in
subdivision 51 using the cost reports from nursing facilities in Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington Counties.

(b) The median total care-related per diem shall be equal to the median deleted text begindirect care
cost
deleted text endnew text begin total care-related per diemnew text end for a RUG's weight of 1.00 for facilities located in the
counties listed in paragraph (a).

(c) The median other operating per diem shall be equal to the median other
operating per diem for facilities located in the counties listed in paragraph (a). The other
operating per diem shall be the sum of each facility's administrative costs, dietary costs,
housekeeping costs, laundry costs, and maintenance and plant operations costs divided
by each facility's resident days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2016.
new text end

Sec. 6.

Minnesota Statutes 2014, section 256B.4912, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Annual data submission. new text end

new text begin (a) In a manner determined by the
commissioner, home and community-based services waiver providers enrolled under this
section shall submit data to the commissioner on the following:
new text end

new text begin (1) wages of workers;
new text end

new text begin (2) benefits paid;
new text end

new text begin (3) staff retention rates;
new text end

new text begin (4) amount of overtime paid;
new text end

new text begin (5) amount of travel time paid;
new text end

new text begin (6) vacancy rates; and
new text end

new text begin (7) other data elements determined by the commissioner.
new text end

new text begin (b) The commissioner may adjust reporting requirements for some individual
self-employed workers.
new text end

new text begin (c) This subdivision also applies to providers of personal care assistance services
under section 256B.0625, subdivision 19a; community first services and supports under
section 256B.85; consumer support grants under section 256.476; nursing services and
home health services under section 256B.0625, subdivision 6a; home care nursing
services under section 256B.0625, subdivision 7; intermediate care facilities for persons
with developmental disabilities under section 256B.501; and day training and habilitation
providers serving residents of intermediate care facilities for persons with developmental
disabilities under section 256B.501.
new text end

new text begin (d) This data shall be submitted annually each calendar year on a date specified
by the commissioner. The commissioner shall give providers at least 30 calendar days
to submit the data. Failure to submit the data requested may result in delays to medical
assistance reimbursement.
new text end

new text begin (e) Individually identifiable data submitted to the commissioner in this section are
considered private data on individuals, as defined by section 13.02, subdivision 12.
new text end

new text begin (f) The commissioner shall analyze data annually for workforce assessments and its
impact on service access.
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. 7.

Minnesota Statutes 2015 Supplement, section 256B.4914, subdivision 10,
is amended to read:


Subd. 10.

Updating payment values and additional information.

(a) From
January 1, 2014, through December 31, 2017, the commissioner shall develop and
implement uniform procedures to refine terms and adjust values used to calculate payment
rates in this section.

(b) No later than July 1, 2014, the commissioner shall, within available resources,
begin to conduct research and gather data and information from existing state systems or
other outside sources on the following items:

(1) differences in the underlying cost to provide services and care across the state; and

(2) mileage, vehicle type, lift requirements, incidents of individual and shared rides,
and units of transportation for all day services, which must be collected from providers
using the rate management worksheet and entered into the rates management system; and

(3) the distinct underlying costs for services provided by a license holder under
sections 245D.05, 245D.06, 245D.07, 245D.071, 245D.081, and 245D.09, and for services
provided by a license holder certified under section 245D.33.

(c) Using a statistically valid set of rates management system data, the commissioner,
in consultation with stakeholders, shall analyze for each service the average difference
in the rate on December 31, 2013, and the framework rate at the individual, provider,
lead agency, and state levels. The commissioner shall issue semiannual reports to the
stakeholders on the difference in rates by service and by deleted text begincountydeleted text endnew text begin lead agencynew text end during the
banding period under section 256B.4913, subdivision 4a. The commissioner shall issue
the first report by October 1, 2014.

(d) No later than July 1, 2014, the commissioner, in consultation with stakeholders,
shall begin the review and evaluation of the following values already in subdivisions 6 to
9, or issues that impact all services, including, but not limited to:

(1) values for transportation rates for day services;

(2) values for transportation rates in residential services;

(3) values for services where monitoring technology replaces staff time;

(4) values for indirect services;

(5) values for nursing;

(6) component values for independent living skills;

(7) component values for family foster care that reflect licensing requirements;

(8) adjustments to other components to replace the budget neutrality factor;

(9) remote monitoring technology for nonresidential services;

(10) values for basic and intensive services in residential services;

(11) values for the facility use rate in day services, and the weightings used in the
day service ratios and adjustments to those weightings;

(12) values for workers' compensation as part of employee-related expenses;

(13) values for unemployment insurance as part of employee-related expenses;

(14) a component value to reflect costs for individuals with rates previously adjusted
for the inclusion of group residential housing rate 3 costs, only for any individual enrolled
as of December 31, 2013; and

(15) any changes in state or federal law with an impact on the underlying cost of
providing home and community-based services.

(e) The commissioner shall report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over health and human services
policy and finance with the information and data gathered under paragraphs (b) to (d)
on the following dates:

(1) January 15, 2015, with preliminary results and data;

(2) January 15, 2016, with a status implementation update, and additional data
and summary information;

(3) January 15, 2017, with the full report; and

(4) January 15, 2019, with another full report, and a full report once every four
years thereafter.

(f) Based on the commissioner's evaluation of the information and data collected in
paragraphs (b) to (d), the commissioner shall make recommendations to the legislature by
January 15, 2015, to address any issues identified during the first year of implementation.
After January 15, 2015, the commissioner may make recommendations to the legislature
to address potential issues.

(g) The commissioner shall implement a regional adjustment factor to all rate
calculations in subdivisions 6 to 9, effective no later than January 1, 2015. Prior to
implementation, the commissioner shall consult with stakeholders on the methodology to
calculate the adjustment.

(h) The commissioner shall provide a public notice via LISTSERV in October of
each year beginning October 1, 2014, containing information detailing legislatively
approved changes in:

(1) calculation values including derived wage rates and related employee and
administrative factors;

(2) service utilization;

(3) deleted text begincounty and tribaldeleted text endnew text begin lead agencynew text end allocation changes; and

(4) information on adjustments made to calculation values and the timing of those
adjustments.

The information in this notice must be effective January 1 of the following year.

(i) No later than July 1, 2016, the commissioner shall develop and implement, in
consultation with stakeholders, a methodology sufficient to determine the shared staffing
levels necessary to meet, at a minimum, health and welfare needs of individuals who
will be living together in shared residential settings, and the required shared staffing
activities described in subdivision 2, paragraph (l). This determination methodology must
ensure staffing levels are adaptable to meet the needs and desired outcomes for current and
prospective residents in shared residential settings.

(j) When the available shared staffing hours in a residential setting are insufficient to
meet the needs of an individual who enrolled in residential services after January 1, 2014,
or insufficient to meet the needs of an individual with a service agreement adjustment
described in section 256B.4913, subdivision 4a, paragraph (f), then individual staffing
hours shall be used.

Sec. 8.

Minnesota Statutes 2014, section 256B.4914, subdivision 11, is amended to read:


Subd. 11.

Payment implementation.

Upon implementation of the payment
methodologies under this section, those payment rates supersede rates established in
deleted text begincountydeleted text endnew text begin lead agencynew text end contracts for recipients receiving waiver services under section
256B.092 or 256B.49.

Sec. 9.

Minnesota Statutes 2015 Supplement, section 256B.4914, subdivision 14,
is amended to read:


Subd. 14.

Exceptions.

(a) In a format prescribed by the commissioner, lead
agencies must identify individuals with exceptional needs that cannot be met under the
disability waiver rate system. The commissioner shall use that information to evaluate
and, if necessary, approve an alternative payment rate for those individuals. Whether
granted, denied, or modified, the commissioner shall respond to all exception requests in
writing. The commissioner shall include in the written response the basis for the action
and provide notification of the right to appeal under paragraph (h).

(b) Lead agencies must act on an exception request within 30 days and notify the
initiator of the request of their recommendation in writing. A lead agency shall submit all
exception requests along with its recommendation to the commissioner.

(c) An application for a rate exception may be submitted for the following criteria:

(1) an individual has service needs that cannot be met through additional units
of service;

(2) an individual's rate determined under subdivisions 6, 7, 8, and 9 is so insufficient
that it has resulted in an individual receiving a notice of discharge from the individual's
provider; deleted text beginor
deleted text end

(3) an individual's service needs, including behavioral changes, require a level of
service which necessitates a change in provider or which requires the current provider to
propose service changes beyond those currently authorizeddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (4) an individual's service needs cannot be met through a weighted county average
rate as defined in 256B.4913, subdivision 4a.
new text end

(d) Exception requests must include the following information:

(1) the service needs required by each individual that are not accounted for in
subdivisions 6, 7, 8, and 9;

(2) the service rate requested and the difference from the rate determined in
subdivisions 6, 7, 8, and 9;

(3) a basis for the underlying costs used for the rate exception and any accompanying
documentation; and

(4) any contingencies for approval.

(e) Approved rate exceptions shall be managed within lead agency allocations under
sections 256B.092 and 256B.49.

(f) Individual disability waiver recipients, an interested party, or the license holder
that would receive the rate exception increase may request that a lead agency submit an