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Office of the Revisor of Statutes

SF 3417

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 07/05/2018 10:07am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; establishing the Minnesota Health Policy Commission; modifying
temporary license suspensions and background checks for certain health-related
professions; appropriating money;amending Minnesota Statutes 2016, sections
214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; Minnesota Statutes
2017 Supplement, section 364.09; proposing coding for new law in Minnesota
Statutes, chapter 62J; repealing Minnesota Statutes 2016, section 214.075,
subdivision 8.

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

ARTICLE 1

MINNESOTA HEALTH POLICY COMMISSION

Section 1.

new text begin [62J.90] MINNESOTA HEALTH POLICY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "commission" means the
Minnesota Health Policy Commission.
new text end

new text begin Subd. 2. new text end

new text begin Commission membership. new text end

new text begin The commission shall consist of 15 voting members,
appointed by the Legislative Coordinating Commission as provided in subdivision 9, as
follows:
new text end

new text begin (1) one member with demonstrated expertise in health care finance;
new text end

new text begin (2) one member with demonstrated expertise in health economics;
new text end

new text begin (3) one member with demonstrated expertise in actuarial science;
new text end

new text begin (4) one member with demonstrated expertise in health plan management and finance;
new text end

new text begin (5) one member with demonstrated expertise in health care system management;
new text end

new text begin (6) one member with demonstrated expertise as a purchaser, or a representative of a
purchaser, of employer-sponsored health care services or employer-sponsored health
insurance;
new text end

new text begin (7) one member with demonstrated expertise in the development and utilization of
innovative medical technologies;
new text end

new text begin (8) one member with demonstrated expertise as a health care consumer advocate;
new text end

new text begin (9) one member who is a primary care physician;
new text end

new text begin (10) one member who provides long-term care services through medical assistance;
new text end

new text begin (11) one member with direct experience as an enrollee, or parent or caregiver of an
enrollee, in MinnesotaCare or medical assistance;
new text end

new text begin (12) two members of the senate, including one member appointed by the majority leader
and one member from the minority party appointed by the minority leader; and
new text end

new text begin (13) two members of the house of representatives, including one member appointed by
the speaker of the house of representatives and one member from the minority party appointed
by the minority leader.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) compare Minnesota's commercial health care costs and public health care program
spending to that of the other states;
new text end

new text begin (2) compare Minnesota's commercial health care costs and public health care program
spending in any given year to its costs and spending in previous years;
new text end

new text begin (3) identify factors that influence and contribute to Minnesota's ranking for commercial
health care costs and public health care program spending, including the year over year and
trend line change in total costs and spending in the state;
new text end

new text begin (4) continually monitor efforts to reform the health care delivery and payment system
in Minnesota to understand emerging trends in the commercial health insurance market,
including large self-insured employers, and the state's public health care programs in order
to identify opportunities for state action to achieve:
new text end

new text begin (i) improved patient experience of care, including quality and satisfaction;
new text end

new text begin (ii) improved health of all populations; and
new text end

new text begin (iii) reduced per capita cost of health care; and
new text end

new text begin (5) make recommendations for legislative policy, market, or any other reforms to:
new text end

new text begin (i) lower the rate of growth in commercial health care costs and public health care
program spending in the state;
new text end

new text begin (ii) positively impact the state's ranking in the areas listed in this subdivision;
new text end

new text begin (iii) improve the quality and value of care for all Minnesotans; and
new text end

new text begin (iv) conduct any additional reviews requested by the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commission shall submit a report listing recommendations for
changes in health care policy and financing by June 15 each year to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over health care.
In making recommendations to the legislative committees, the commission shall consider
how the recommendations might positively impact the cost-shifting interplay between public
payer reimbursement rates and health insurance premiums. The commission shall also
consider how public health care programs, where appropriate, may be utilized as a means
to help prepare enrollees for an eventual transition to private sector coverage. The report
shall include any draft legislation to implement the commission's recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The commission shall hire a director who may employ or contract for
professional and technical assistance as the commission determines necessary to perform
its duties. The commission may also contract with private entities with expertise in health
economics, health finance, and actuarial science to secure additional information, data,
research, or modeling that may be necessary for the commission to carry out its duties.
new text end

new text begin Subd. 6. new text end

new text begin Access to information. new text end

new text begin The commission may secure directly from a state
department or agency de-identified information and data that is necessary for the commission
to carry out its duties. For purposes of this section, "de-identified" means the process used
to prevent the identity of a person or business from being connected with information and
ensuring all identifiable information has been removed.
new text end

new text begin Subd. 7. new text end

new text begin Terms; vacancies; compensation. new text end

new text begin (a) Public members of the commission shall
serve four-year terms. The public members may not serve for more than two consecutive
terms.
new text end

new text begin (b) The legislative members shall serve on the commission as long as the member or
the appointing authority holds office.
new text end

new text begin (c) The removal of members and filling of vacancies on the commission are as provided
in section 15.059.
new text end

new text begin (d) Public members may receive compensation and expenses as provided in section
15.059, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Chairs; officers. new text end

new text begin The commission shall elect a chair annually. The commission
may elect other officers necessary for the performance of its duties.
new text end

new text begin Subd. 9. new text end

new text begin Selection of members; advisory council. new text end

new text begin The Legislative Coordinating
Commission shall take applications from members of the public who are qualified and
interested to serve in one of the listed positions. The applications must be reviewed by a
health policy commission advisory council comprised of four members as follows: the state
economist, legislative auditor, state demographer, and the president of the Federal Reserve
Bank of Minneapolis or a designee of the president. The advisory council shall recommend
two applicants for each of the specified positions by September 30 in the calendar year
preceding the end of the members' terms. The Legislative Coordinating Commission shall
appoint one of the two recommended applicants to the commission.
new text end

new text begin Subd. 10. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at least four times each year.
Commission meetings are subject to chapter 13D.
new text end

new text begin Subd. 11. new text end

new text begin Conflict of interest. new text end

new text begin A member of the commission may not participate in or
vote on a decision of the commission relating to an organization in which the member has
either a direct or indirect financial interest.
new text end

new text begin Subd. 12. new text end

new text begin Expiration. new text end

new text begin The commission shall expire on June 15, 2024.
new text end

Sec. 2. new text beginFIRST APPOINTMENTS; FIRST MEETING.
new text end

new text begin The Health Policy Commission Advisory Council shall make its recommendations under
Minnesota Statutes, section 62J.90, subdivision 9, for candidates to serve on the Minnesota
Health Policy Commission, to the Legislative Coordinating Commission by September 30,
2018. The Legislative Coordinating Commission shall make the first appointments of public
members to the Minnesota Health Policy Commission, under Minnesota Statutes, section
62J.90, by January 15, 2019. The Legislative Coordinating Commission shall designate five
members to serve terms that are coterminous with the governor and six members to serve
terms that end on the first Monday in January one year after the terms of the other members
conclude. The director of the Legislative Coordinating Commission shall convene the first
meeting of the Minnesota Health Policy Commission by June 15, 2019, and shall act as the
chair until the commission elects a chair at its first meeting.
new text end

Sec. 3. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the general fund to the Minnesota Health
Policy Commission for the purposes of section 1.
new text end

ARTICLE 2

HEALTH-RELATED PROFESSIONS

Section 1.

Minnesota Statutes 2016, section 214.075, subdivision 1, is amended to read:


Subdivision 1.

Applications.

(a) deleted text beginBy January 1, 2018,deleted text end Each health-related licensing
board, as defined in section 214.01, subdivision 2, shall require deleted text beginapplicants for initial licensure,
licensure by endorsement, or reinstatement or other relicensure after a lapse in licensure,
as defined by the individual health-related licensing boards,
deleted text endnew text begin the following individualsnew text end to
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI)deleted text begin.deleted text endnew text begin:
new text end

new text begin (1) applicants for initial licensure or licensure by endorsement. An applicant is exempt
from this paragraph if the applicant submitted to a state and national criminal history records
check as described in this paragraph for a license issued by the same board;
new text end

new text begin (2) applicants seeking reinstatement or relicensure, as defined by the individual
health-related licensing board, if more than one year has elapsed since the applicant's license
or registration expiration date; or
new text end

new text begin (3) licensees applying for eligibility to participate in an interstate licensure compact.
new text end

(b) deleted text beginAn applicant must complete a criminal background check if more than one year has
elapsed since the applicant last submitted a background check to the board.
deleted text endnew text begin An applicant's
criminal background check results are valid for one year from the date the background check
results were received by the board. If more than one year has elapsed since the results were
received by the board, then an applicant who has not completed the licensure, reinstatement,
or relicensure process must complete a new background check.
new text end

Sec. 2.

Minnesota Statutes 2016, section 214.075, subdivision 4, is amended to read:


Subd. 4.

Refusal to consent.

(a) The health-related licensing boards shall not issue a
license to any applicant who refuses to consent to a criminal background check or fails to
submit fingerprints deleted text beginwithin 90 daysdeleted text end after submission of an application for licensure. Any
fees paid by the applicant to the board shall be forfeited if the applicant refuses to consent
to the criminal background check or fails to submit the required fingerprints.

(b) The failure of a licensee to submit to a criminal background check as provided in
subdivision 3 is grounds for disciplinary action by the respective health-related licensing
board.

Sec. 3.

Minnesota Statutes 2016, section 214.075, subdivision 5, is amended to read:


Subd. 5.

Submission of fingerprints to the Bureau of Criminal Apprehension.

The
health-related licensing board or designee shall submit applicant or licensee fingerprints to
the BCA. The BCA shall perform a check for state criminal justice information and shall
forward the applicant's or licensee's fingerprints to the FBI to perform a check for national
criminal justice information regarding the applicant or licensee. The BCA shall report to
the board the results of the state and national criminal deleted text beginjustice informationdeleted text endnew text begin history recordsnew text end
checks.

Sec. 4.

Minnesota Statutes 2016, section 214.075, subdivision 6, is amended to read:


Subd. 6.

Alternatives to fingerprint-based criminal background checks.

The
health-related licensing board may require an alternative method of criminal history checks
for an applicant or licensee who has submitted at least deleted text beginthreedeleted text endnew text begin twonew text end sets of fingerprints in
accordance with this section that have been unreadable by the BCA or the FBI.

Sec. 5.

Minnesota Statutes 2016, section 214.077, is amended to read:


214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF SERIOUS
HARM.

(a) Notwithstanding any provision of a health-related professional practice act, when a
health-related licensing board receives a complaint regarding a regulated person and has
probable cause to believe that the regulated person has violated a statute or rule that the
health-related licensing board is empowered to enforce, and continued practice by the
regulated person presents an imminent risk of serious harm, the health-related licensing
board shall issue an order temporarily suspending the regulated person's authority to practice.
The temporary suspension order shall specify the reason for the suspension, including the
statute or rule alleged to have been violated. The temporary suspension order shall take
effect upon personal service on the regulated person or the regulated person's attorney, or
upon the third calendar day after the order is served by first class mail to the most recent
address provided to the health-related licensing board for the regulated person or the regulated
person's attorney.

(b) The temporary suspension shall remain in effect until the health-related licensing
board or the commissioner completes an investigation, holds a contested case hearing
pursuant to the Administrative Procedure Act, and issues a final order in the matter as
provided for in this section.

(c) At the time it issues the temporary suspension order, the health-related licensing
board shall schedule a contested case hearing, on the merits of whether discipline is
warranted, to be held pursuant to the Administrative Procedure Act. The regulated person
shall be provided with at least ten days' notice of any contested case hearing held pursuant
to this section. The contested case hearing shall be scheduled to begin no later than 30 days
after the effective service of the temporary suspension order.

(d) The administrative law judge presiding over the contested case hearing shall issue
a report and recommendation to the health-related licensing board no later than 30 days
after the final day of the contested case hearing.new text begin If the administrative law judge's report and
recommendations are for no action,
new text end the health-related licensing board shall issue a final
order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative
law judge's report and recommendations.new text begin If the administrative law judge's report and
recommendations are for action, the health-related licensing board shall issue a final order
pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law
judge's report and recommendations.
new text end Except as provided in paragraph (e), if the health-related
licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30
days of receipt of the administrative law judge's report and recommendationsnew text begin for no action
or within 60 days of receipt of the administrative law judge's report and recommendations
for action
new text end, the temporary suspension shall be lifted.

(e) If the regulated person requests a delay in the contested case proceedings provided
for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect
until the health-related licensing board issues a final order pursuant to sections 14.61 and
14.62.

(f) This section shall not apply to the Office of Unlicensed Complementary and
Alternative Health Practice established under section 146A.02. The commissioner of health
shall conduct temporary suspensions for complementary and alternative health care
practitioners in accordance with section 146A.09.

Sec. 6.

Minnesota Statutes 2016, section 214.10, subdivision 8, is amended to read:


Subd. 8.

Special requirements for health-related licensing boards.

In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements
in this subdivision apply to all health-related licensing boards, except the Board of Veterinary
Medicine.

(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the
opinion of the executive director or consulted board member that there is sufficient evidence
to justify disciplinary action, the board shall conduct a disciplinary conference or hearing.
If, after a hearing or disciplinary conference the board determines that misconduct involving
sexual contact with a patient or client occurred, the board shall take disciplinary action.
Notwithstanding subdivision 2, a board may not attempt to correct improper activities or
redress grievances through education, conciliation, and persuasion, unless in the opinion of
the executive director or consulted board member there is insufficient evidence to justify
disciplinary action. The board may settle a case by stipulation prior to, or during, a hearing
if the stipulation provides for disciplinary action.

(b) A board member who has a direct current or former financial connection or
professional relationship to a person who is the subject of board disciplinary activities must
not participate in board activities relating to that case.

(c) Each health-related licensing board shall establish procedures for exchanging
information with other Minnesota state boards, agencies, and departments responsible for
regulating health-related occupations, facilities, and programs, and for coordinating
investigations involving matters within the jurisdiction of more than one regulatory body.
The procedures must provide for the forwarding to other regulatory bodies of all information
and evidence, including the results of investigations, that are relevant to matters within that
licensing body's regulatory jurisdiction. Each health-related licensing board shall have access
to any data of the Department of Human Services relating to a person subject to the
jurisdiction of the licensing board. The data shall have the same classification under chapter
13, the Minnesota Government Data Practices Act, in the hands of the agency receiving the
data as it had in the hands of the Department of Human Services.

(d) Each health-related licensing board shall establish procedures for exchanging
information with other states regarding disciplinary actions against licensees. The procedures
must provide for the collection of information from other states about disciplinary actions
taken against persons who are licensed to practice in Minnesota or who have applied to be
licensed in this state and the dissemination of information to other states regarding
disciplinary actions taken in Minnesota. In addition to any authority in chapter 13 permitting
the dissemination of data, the board may, in its discretion, disseminate data to other states
regardless of its classification under chapter 13. new text beginCriminal history record information shall
not be exchanged.
new text endBefore transferring any data that is not public, the board shall obtain
reasonable assurances from the receiving state that the data will not be made public.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to the licensing
and background investigation process under chapter 240; to eligibility for school bus driver
endorsements; to eligibility for special transportation service endorsements; to eligibility
for a commercial driver training instructor license, which is governed by section 171.35
and rules adopted under that section; to emergency medical services personnel, or to the
licensing by political subdivisions of taxicab drivers, if the applicant for the license has
been discharged from sentence for a conviction within the ten years immediately preceding
application of a violation of any of the following:

(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued
or renewed by the Professional Educator Licensing and Standards Board or the commissioner
of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training
Board or the state fire marshal from recommending policies set forth in this chapter to the
attorney general for adoption in the attorney general's discretion to apply to law enforcement
or fire protection agencies.

deleted text begin (d) This chapter does not apply to a license to practice medicine that has been denied or
revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
deleted text end

deleted text begin (e) This chapter does not apply to any person who has been denied a license to practice
chiropractic or whose license to practice chiropractic has been revoked by the board in
accordance with section 148.10, subdivision 7.
deleted text end

deleted text begin (f) This chapter does not apply to any license, registration, or permit that has been denied
or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.
deleted text end

deleted text begin (g)deleted text endnew text begin (d)new text end This chapter does not apply to any license, registration, permit, or certificate that
has been denied or revoked by the commissioner of health according to section 148.5195,
subdivision 5; or 153A.15, subdivision 2.

deleted text begin (h)deleted text endnew text begin (e)new text end This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for particular
types of employment.

new text begin (f) This chapter does not apply to the licensing or registration process for, or to any
license, registration, or permit that has been denied or revoked by, a health-related licensing
board listed in section 214.01, subdivision 2.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 214.075, subdivision 8, new text end new text begin is repealed.
new text end

Sec. 9. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: S3417-3

214.075 HEALTH-RELATED LICENSING BOARDS; CRIMINAL BACKGROUND CHECKS.

Subd. 8.

Instructions to the board; plans.

The health-related licensing boards, in collaboration with the commissioner of human services and the BCA, shall establish a plan for completing criminal background checks of all licensees who were licensed before the effective date requirement under subdivision 1. The plan must seek to minimize duplication of requirements for background checks of licensed health professionals. The plan for background checks of current licensees shall be developed no later than January 1, 2017, and may be contingent upon the implementation of a system by the BCA or FBI in which any new crimes that an applicant or licensee commits after an initial background check are flagged in the BCA's or FBI's database and reported back to the board. The plan shall include recommendations for any necessary statutory changes.