Minnesota Legislature
SF 3450
1st Engrossment - 90th Legislature (2017 - 2018) Posted on 07/30/2018 03:30pm
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A bill for an act
relating to health; establishing several task force groups; requiring a study and
report.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin ASSISTED LIVING LICENSURE AND DEMENTIA CARE
CERTIFICATION TASK FORCE.
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new text begin Subdivision 1. new text end
new text begin Creation. new text end
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(a) The Assisted Living Licensure and Dementia Care
Certification Task Force consists of 16 members, including the following:
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(1) one senator appointed by the majority leader;
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(2) one senator appointed by the minority leader;
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(3) one member of the house of representatives appointed by the speaker of the house;
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(4) one member of the house of representatives appointed by the minority leader;
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(5) the commissioner of health or a designee;
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(6) the commissioner of human services or a designee;
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(7) the Ombudsman for Long-Term Care or a designee;
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(8) one member appointed by the Minnesota Board on Aging;
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(9) one member appointed by AARP Minnesota;
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(10) one member appointed by the Alzheimer's Association Minnesota-North Dakota
Chapter;
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(11) one member appointed by Elder Voices Family Advocates;
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(12) one member appointed by Minnesota Elder Justice Center;
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(13) one member appointed by Care Providers of Minnesota;
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(14) one member appointed by LeadingAge Minnesota;
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(15) one member appointed by Minnesota HomeCare Association; and
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(16) one member appointed by the Home Care and Assisted Living Program Advisory
Council established in Minnesota Statutes, section 144A.4799.
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(b) The appointing authorities must appoint members by July 1, 2018.
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(c) The commissioner of health or a designee shall act as chair of the task force and
convene the first meeting no later than August 1, 2018.
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new text begin Subd. 2. new text end
new text begin Legislative report on assisted living licensure and dementia care. new text end
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(a) The
task force shall review existing state regulation and oversight of assisted living and dementia
care. By February 1, 2019, the task force shall report to the legislature on the findings of
the task force concerning the current regulation and oversight of assisted living and dementia
care. The task force must include in its report recommendations regarding:
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(1) a single licensing structure for assisted living to replace housing with services
registration under Minnesota Statutes, chapter 144D, and assisted living title protection
under Minnesota Statutes, chapter 144G;
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(2) a regulation and fine structure for licensed assisted living; and
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(3) dementia care certification.
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(b) The report must include draft legislation to implement the task force's recommended
changes to statutes. The draft legislation provided to the legislature in the task force's report
must also include a proposal for improving the structure and organization of Minnesota
Statutes, chapters 144, 144A, 144D, and 144G, with respect to the licensing and regulation
of a residential setting in which home care services or dementia care are provided. The draft
legislation shall attempt to eliminate ambiguous terms, use consistent terms across settings
and services where appropriate, minimize similar language appearing in multiple sections,
be consistent with language related to nursing homes, and consolidate the various bills of
rights that appear in these chapters.
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new text begin Subd. 3. new text end
new text begin Administrative provisions. new text end
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(a) The task force must meet at least monthly.
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(b) The commissioner of health shall provide meeting space and administrative support
for the task force.
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(c) The commissioner of health and the commissioner of human services shall provide
technical assistance to the task force.
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new text begin Subd. 4. new text end
new text begin Expiration. new text end
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The task force expires on May 20, 2019.
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Sec. 2. new text begin ASSISTED LIVING REPORT CARD WORKING GROUP.
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new text begin Subdivision 1. new text end
new text begin Creation. new text end
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(a) The Assisted Living Report Card Working Group consists
of the following 16 members:
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(1) two residents of senior housing with services establishments appointed by the
commissioner of health;
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(2) four providers from the senior housing with services profession appointed by the
commissioner of health;
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(3) two family members of residents of senior housing with services establishments
appointed by the commissioner of health;
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(4) a representative from the University of Minnesota with expertise in data and analytics
appointed by the commissioner of health;
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(5) one member appointed by the Home Care and Assisted Living Advisory Council;
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(6) one member appointed by Care Providers of Minnesota;
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(7) one member appointed by LeadingAge Minnesota;
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(8) the commissioner of human services or a designee;
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(9) the commissioner of health or a designee;
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(10) the Ombudsman for Long-Term Care or a designee; and
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(11) one member of the Minnesota Board on Aging, selected by the board.
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(b) The executive director of the Minnesota Board on Aging serves on the working group
as a nonvoting member.
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(c) The appointing authorities must complete their appointments no later than July 1,
2018.
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(d) The working group shall elect a chair from among its members at its first meeting.
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new text begin Subd. 2. new text end
new text begin Duties; recommendations and report. new text end
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(a) The working group shall consider
and make recommendations on the development of an assisted living report card. The quality
metrics considered shall include, but are not limited to:
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(1) an annual customer satisfaction survey measure using the consolidated criteria for
reporting qualitative research (COREQ) questions for assisted living residents and family
members;
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(2) a measure utilizing Level 3 or 4 citations from Department of Health home care
survey findings and substantiated findings against a home care agency or housing with
services establishment;
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(3) a home care and housing with services staff retention measure; and
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(4) a measure that scores a home care provider's and housing with services establishment's
staff according to their level of training and education.
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(b) By January 15, 2019, the working group must report on its findings and
recommendations to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services policy and finance. The working group's
report shall include draft legislation to implement changes to statute it recommends.
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new text begin Subd. 3. new text end
new text begin Administrative provisions. new text end
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(a) The commissioner of health shall provide
meeting support and administrative support for the working group.
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(b) The commissioners of health and human services shall provide technical assistance
to the assisted living report card working group.
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(c) The meetings of the assisted living report card working group shall be open to the
public.
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new text begin Subd. 4. new text end
new text begin Expiration. new text end
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The working group expires May 20, 2019, or the day after
submitting the report required by this section, whichever is later.
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Sec. 3. new text begin CRIMES AGAINST VULNERABLE ADULTS ADVISORY TASK FORCE.
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new text begin Subdivision 1. new text end
new text begin Task force established; membership. new text end
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(a) The Crimes Against Vulnerable
Adults Advisory Task Force consists of the following members:
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(1) the commissioner of the Department of Public Safety or a designee;
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(2) the commissioner of the Department of Human Services or a designee;
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(3) the commissioner of the Department of Health or a designee;
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(4) the attorney general or a designee;
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(5) a representative from the Minnesota Bar Association;
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(6) a representative from the Minnesota judicial branch;
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(7) one member appointed by the Minnesota County Attorneys Association;
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(8) one member appointed by the Minnesota Association of City Attorneys;
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(9) one member appointed by the Minnesota Elder Justice Center;
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(10) one member appointed by the Minnesota Home Care Association;
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(11) one member appointed by Care Providers of Minnesota;
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(12) one member appointed by LeadingAge Minnesota; and
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(13) one member appointed by AARP Minnesota.
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(b) The advisory task force may appoint additional members it deems necessary to carry
out its duties under subdivision 2.
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(c) The appointing authorities must complete the appointments listed in paragraph (a)
by July 1, 2018.
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(d) At its first meeting, the task force shall elect a chair from among the members listed
in paragraph (a).
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new text begin Subd. 2. new text end
new text begin Duties; recommendations and report. new text end
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(a) The advisory task force's duties
are to review and evaluate laws relating to crimes against vulnerable adults, and any other
information the task force deems relevant.
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(b) By December 1, 2018, the advisory task force shall submit a report to the chairs and
ranking minority members of the legislative committees with primary jurisdiction over
health and human services and criminal policy. The report must contain the task force's
findings and recommendations, including discussion of the benefits and problems associated
with proposed changes. The report must include draft legislation to implement any
recommended changes to statute.
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new text begin Subd. 3. new text end
new text begin Administrative provisions. new text end
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(a) The commissioner of human services shall
provide meeting space and administrative support to the Crimes Against Vulnerable Adults
Advisory Task Force.
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(b) The commissioners of human services and health and the attorney general shall
provide technical assistance to the Crimes Against Vulnerable Adults Advisory Task Force.
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(c) Advisory task force members shall serve without compensation and shall not be
reimbursed for expenses.
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new text begin Subd. 4. new text end
new text begin Expiration. new text end
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The Crimes Against Vulnerable Adults Advisory Task Force
expires on May 20, 2019.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 4. new text begin STUDY AND REPORT ON HOME CARE NURSING WORKFORCE
SHORTAGE.
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(a) The chair and ranking minority member of the senate Human Services Reform
Finance and Policy Committee and the chair and ranking minority member of the house of
representatives Health and Human Services Finance Committee shall convene a working
group to study and report on the shortage of registered nurses and licensed practical nurses
available to provide low-complexity regular home care services to clients in need of these
services, especially clients covered by medical assistance, and to provide recommendations
for ways to address the workforce shortage. The working group shall consist of 14 members
appointed as follows:
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(1) the chair of the senate Human Services Reform Finance and Policy Committee or a
designee;
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(2) the ranking minority member of the senate Human Services Reform Finance and
Policy Committee or a designee;
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(3) the chair of the house of representatives Health and Human Services Finance
Committee or a designee;
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(4) the ranking minority member of the house of representatives Health and Human
Services Finance Committee or a designee;
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(5) the commissioner of human services or a designee;
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(6) the commissioner of health or a designee;
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(7) one representative appointed by the Professional Home Care Coalition;
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(8) one representative appointed by the Minnesota Home Care Association;
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(9) one representative appointed by the Minnesota Board of Nursing;
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(10) one representative appointed by the Minnesota Nurses Association;
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(11) one representative appointed by the Minnesota Licensed Practical Nurses
Association;
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(12) one representative appointed by the Minnesota Society of Medical Assistants;
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(13) one client who receives regular home care nursing services and is covered by medical
assistance appointed by the commissioner of human services after consulting with the
appointing authorities identified in clauses (7) to (12); and
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(14) one assessor appointed by the commissioner of human services.
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The assessor must be certified under Minnesota Statutes, section 256B.0911, and must be
a registered nurse.
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(b) The appointing authorities must appoint members by August 15, 2018.
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(c) The convening authorities shall convene the first meeting of the working group no
later than September 1, 2018, and caucus staff shall provide support and meeting space for
the working group. The Department of Health and the Department of Human Services shall
provide technical assistance to the working group by providing existing data and analysis
documenting the current and projected workforce shortages in the area of regular home care
nursing. The Home Care and Assisted Living Program Advisory Council established under
Minnesota Statutes, section 144A.4799, shall provide advice and recommendations to the
working group. Working group members shall serve without compensation and shall not
be reimbursed for expenses.
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(d) The working group shall:
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(1) quantify the number of low-complexity regular home care nursing hours that are
authorized but not provided to clients covered by medical assistance, due to the shortage
of registered nurses and licensed practical nurses available to provide these home care
services;
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(2) quantify the current and projected workforce shortages of registered nurses and
licensed practical nurses available to provide low-complexity regular home care nursing
services to clients, especially clients covered by medical assistance;
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(3) develop recommendations for actions to take in the next two years to address the
regular home care nursing workforce shortage, including identifying other health care
professionals who may be able to provide low-complexity regular home care nursing services
with additional training; what additional training may be necessary for these health care
professionals; and how to address scope of practice and licensing issues;
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(4) compile reimbursement rates for regular home care nursing from other states and
determine Minnesota's national ranking with respect to reimbursement for regular home
care nursing;
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(5) determine whether reimbursement rates for regular home care nursing fully reimburse
providers for the cost of providing the service and whether the discrepancy, if any, between
rates and costs contributes to lack of access to regular home care nursing; and
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(6) by January 15, 2019, report on the findings and recommendations of the working
group to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance.
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The working group's report shall include draft legislation.
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(e) The working group shall elect a chair from among its members at its first meeting.
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(f) The meetings of the working group shall be open to the public.
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(g) This section expires January 16, 2019, or the day after submitting the report required
by this section, whichever is earlier.
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