SF 4228

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2024 09:08am

A bill for an act
relating to human services licensing; allowing prospective worker platforms to
initiate background studies; amending Minnesota Statutes 2022, sections 245C.02,
by adding a subdivision; 245C.03, by adding a subdivision; 245C.04, subdivision
4a; Minnesota Statutes 2023 Supplement, sections 245C.03, subdivision 4; 245C.10,
subdivision 4.

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

Section 1.

Minnesota Statutes 2022, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 14c. new text end

new text begin Prospective worker platform. new text end

new text begin "Prospective worker platform" means any
person, firm, corporation, partnership, or association that maintains a system or technology
that provides a digital website, smart phone application, or software application that facilitates
engagement between a license holder and an individual to advertise and be matched for
temporary employment for direct care services with a license holder.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 245C.03, subdivision 4, is amended
to read:

Subd. 4.

Personnel pool agencies; temporary personnel agencies; educational
programs; professional services agencies new text begin ; prospective worker platforms new text end .

(a) The
commissioner also may conduct studies on individuals specified in subdivision 1, paragraph
(a), clauses (3) and (4), when the studies are initiated by:

(1) personnel pool agencies;

(2) temporary personnel agencies;

(3) educational programs that train individuals by providing direct contact services in
licensed programs; deleted text begin and
deleted text end

(4) professional services agencies that are not licensed and that work with licensed
programs to provide direct contact services or individuals who provide direct contact services new text begin ;
and
new text end

new text begin (5) prospective worker platforms new text end .

(b) Personnel pool agencies, temporary personnel agencies, and professional services
agencies must employ the individuals providing direct care services for children, people
with disabilities, or the elderly. Individuals must be affiliated in NETStudy 2.0 and subject
to oversight by the entity, which includes but is not limited to continuous, direct supervision
by the entity and being subject to immediate removal from providing direct care services
when required.

new text begin (c) Prospective worker platforms must allow an individual seeking to become an
employee to be matched with a license holder for employment on a part-time or full-time
basis. After being matched, the individual must be affiliated with a license holder in
NETStudy 2.0, must be subject to oversight by the license holder, and must be subject to
immediate removal from providing direct care services when required. An individual utilizing
a prospective worker platform for employment matching services must remain in compliance
with the requirements of sections 299C.60 to 299C.64 and the National Child Protection
Act and Volunteers for Children Act, United States Code, title 34, section 40101 et seq.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245C.03, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Prospective worker platform background studies. new text end

new text begin The commissioner shall
conduct background studies according to this chapter when initiated by a prospective worker
platform on behalf of an individual who is not on the master roster. A subject under this
subdivision who is not disqualified must be placed on the inactive roster.
new text end

Sec. 4.

Minnesota Statutes 2022, section 245C.04, subdivision 4a, is amended to read:

Subd. 4a.

Agency background studies; electronic criminal case information updates;
rosters; and criteria for eliminating repeat background studies.

(a) The commissioner
shall develop and implement an electronic process as a part of NETStudy 2.0 for the regular
transfer of new criminal case information that is added to the Minnesota court information
system. The commissioner's system must include for review only information that relates
to individuals who are on the master roster.

(b) The commissioner shall develop and implement an online system as a part of
NETStudy 2.0 for agencies that initiate background studies under this chapter to access and
maintain records of background studies initiated by that agency. The system must show all
active background study subjects affiliated with that agency and the status of each individual's
background study. Each agency that initiates background studies must use this system to
notify the commissioner of discontinued affiliation for purposes of the processes required
under paragraph (a).

(c) After an entity initiating a background study has paid the applicable fee for the study
and has provided the individual with the privacy notice required under section 245C.05,
subdivision 2c, NETStudy 2.0 shall immediately inform the entity whether the individual
requires a background study or whether the individual is immediately eligible to provide
services based on a previous background study. If the individual is immediately eligible,
the entity initiating the background study shall be able to view the information previously
supplied by the individual who is the subject of a background study as required under section
245C.05, subdivision 1, including the individual's photograph taken at the time the
individual's fingerprints were recorded. The commissioner shall not provide any entity
initiating a subsequent background study with information regarding the other entities that
initiated background studies on the subject.

(d) Verification that an individual is eligible to provide services based on a previous
background study is dependent on the individual voluntarily providing the individual's
Social Security number to the commissioner at the time each background study is initiated.
When an individual does not provide the individual's Social Security number for the
background study, that study is not transferable and a repeat background study on that
individual is required if the individual seeks a position requiring a background study under
this chapter with another entity.

new text begin (e) Notwithstanding paragraphs (b) and (c), the commissioner must not provide a
prospective worker platform that initiates a background study on an individual's behalf
under section 245C.03, subdivision 16, with access to any information regarding the subject
other than whether the individual is immediately eligible to provide services.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 245C.10, subdivision 4, is amended
to read:

Subd. 4.

Temporary personnel agencies, personnel pool agencies, educational
programs, and professional services agencies new text begin ; prospective worker platforms new text end .

The
commissioner shall recover the cost of the background studies initiated by temporary
personnel agencies, personnel pool agencies, educational programs, new text begin prospective worker
platforms, new text end and professional services agencies that initiate background studies under section
245C.03, subdivision 4, through a fee of no more than $44 per study charged to the agency.
The fees collected under this subdivision are appropriated to the commissioner for the
purpose of conducting background studies.