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Minnesota Legislature

Office of the Revisor of Statutes

SF 5

as introduced - 80th Legislature, 1997 1st Special Session (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to legislative enactments; providing for the 
  1.3             correction of miscellaneous oversights, 
  1.4             inconsistencies, ambiguities, unintended results, and 
  1.5             technical errors of a noncontroversial nature; 
  1.6             amending Minnesota Statutes 1996, section 326.71, 
  1.7             subdivision 4, as amended; Laws 1997, chapter 113, 
  1.8             section 6, subdivision 5; chapter 202, article 1, 
  1.9             section 13; and chapter 203, article 1, section 3, 
  1.10            subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 326.71, 
  1.13  subdivision 4, as amended by Laws 1997, chapter 205, section 32, 
  1.14  is amended to read: 
  1.15     Subd. 4.  [ASBESTOS-RELATED WORK.] "Asbestos-related work" 
  1.16  means the enclosure, removal, or encapsulation of 
  1.17  asbestos-containing material in a quantity that meets or exceeds 
  1.18  260 lineal linear feet of friable asbestos-containing material 
  1.19  on pipes, 160 square feet of friable asbestos-containing 
  1.20  material on other facility components, or, if linear feet or 
  1.21  square feet cannot be measured, a total of 35 cubic feet of 
  1.22  friable asbestos-containing material on or off all facility 
  1.23  components in one facility.  In the case of single or 
  1.24  multifamily residences, "asbestos-related work" also means the 
  1.25  enclosure, removal, or encapsulation of greater than ten but 
  1.26  less than 260 linear feet of friable asbestos-containing 
  1.27  material on pipes, greater than six but less than 160 square 
  1.28  feet of friable asbestos-containing material on other facility 
  2.1   components, or, if linear feet or square feet cannot be 
  2.2   measured, greater than one cubic foot but less than 35 cubic 
  2.3   feet of friable asbestos-containing material on or off all 
  2.4   facility components in one facility.  This provision excludes 
  2.5   asbestos-containing floor tiles and sheeting, roofing materials, 
  2.6   siding, and all ceilings with asbestos-containing material in 
  2.7   single family residences and buildings with no more than four 
  2.8   dwelling units.  Asbestos-related work includes asbestos 
  2.9   abatement area preparation; enclosure, removal, or encapsulation 
  2.10  operations; and an air quality monitoring specified in rule to 
  2.11  assure that the abatement and adjacent areas are not 
  2.12  contaminated with asbestos fibers during the project and after 
  2.13  completion. 
  2.14     For purposes of this subdivision, the quantity of asbestos 
  2.15  containing material applies separately for every project. 
  2.16     Sec. 2.  Laws 1997, chapter 113, section 6, subdivision 5, 
  2.17  is amended to read: 
  2.18     Subd. 5.  [LICENSE FEES.] The license fees for assisted 
  2.19  living home care providers shall be as follows: 
  2.20     (1) $125 annually for those providers serving a monthly 
  2.21  average of 15 or fewer clients, and for assisted living 
  2.22  providers of all sizes during the first year of operation; 
  2.23     (2) $200 annually for those providers serving a monthly 
  2.24  average of 16 to 30 clients; 
  2.25     (3) $375 annually for those providers serving a monthly 
  2.26  average of 31 to 50 clients; and 
  2.27     (4) $625 annually for those providers serving a monthly 
  2.28  average of 50 51 or more clients. 
  2.29     Sec. 3.  Laws 1997, chapter 202, article 1, section 13, is 
  2.30  amended to read: 
  2.31  Sec. 13.  OFFICE OF TECHNOLOGY         5,161,000      2,777,000 
  2.32  $2,326,000 the first year and 
  2.33  $2,377,000 the second year are for the 
  2.34  administrative operations of the office 
  2.35  of technology. 
  2.36  $935,000 the first year is for the 
  2.37  North Star online information service 
  2.38  under new Minnesota Statutes, section 
  2.39  16E.07.  Any unencumbered balance 
  3.1   remaining in the first year does not 
  3.2   cancel and is available for the second 
  3.3   year of the biennium. 
  3.4   $500,000 the first year is to develop 
  3.5   an electronic system to allow the 
  3.6   public to retrieve by computer business 
  3.7   license information prepared by the 
  3.8   commissioner of trade and economic 
  3.9   development, as required by new 
  3.10  Minnesota Statutes, section 16E.08.  
  3.11  Any unencumbered balance remaining in 
  3.12  the first year does not cancel and is 
  3.13  available for the second year of the 
  3.14  biennium.  The executive director shall 
  3.15  report to the legislature by January 
  3.16  15, 1998, on progress of the project. 
  3.17  $400,000 the first year and $400,000 
  3.18  the second year are to develop a United 
  3.19  Nations trade point in the state under 
  3.20  new Minnesota Statutes, section 
  3.21  16E.11.  If the appropriation for 
  3.22  either year is insufficient, the 
  3.23  appropriation for the other year is 
  3.24  available for it. 
  3.25  $500,000 the first year is to support 
  3.26  activities associated with a 
  3.27  plenipotentiary conference of the 
  3.28  International Telecommunications Union. 
  3.29  $500,000 the first year is to operate 
  3.30  the Internet Center under new Minnesota 
  3.31  Statutes, section 16E.12, and to 
  3.32  develop community technology resources 
  3.33  under new Minnesota Statutes, section 
  3.34  16E.13.  Any unencumbered balance 
  3.35  remaining in the first year does not 
  3.36  cancel and is available for the second 
  3.37  year of the biennium. 
  3.38     Sec. 4.  Laws 1997, chapter 203, article 1, section 3, 
  3.39  subdivision 2, is amended to read: 
  3.40  Subd. 2.  Health Systems
  3.41  and Special Populations               48,517,000     48,233,000
  3.42                Summary by Fund
  3.43  General              39,295,000    38,998,000
  3.44  State Government
  3.45  Special Revenue       9,222,000     9,235,000
  3.46  [FEES; DRUG AND ALCOHOL COUNSELOR 
  3.47  LICENSE.] When setting fees for the 
  3.48  drug and alcohol counselor license, the 
  3.49  department is exempt from Minnesota 
  3.50  Statutes, section 16A.1285, subdivision 
  3.51  2. 
  3.52  [STATE VITAL STATISTICS REDESIGN 
  3.53  PROJECT ACCOUNT.] The amount 
  3.54  appropriated from the state government 
  3.55  special revenue fund for the vital 
  3.56  records redesign project shall be 
  3.57  available until expended for 
  3.58  development and implementation. 
  4.1   [WIC PROGRAM.] Of this appropriation, 
  4.2   $650,000 in 1998 is provided to 
  4.3   maintain services of the program, 
  4.4   $700,000 in 1998 and $700,000 in 1999 
  4.5   is added to the base level funding for 
  4.6   the WIC food program in order to 
  4.7   maintain the existing level of the 
  4.8   program, and $100,000 in 1998 is for 
  4.9   the commissioner to develop and 
  4.10  implement an outreach program to 
  4.11  apprise potential recipients of the WIC 
  4.12  food program of the importance of good 
  4.13  nutrition and the availability of the 
  4.14  program. 
  4.15  [WIC TRANSFERS.] General fund 
  4.16  appropriations for the women, infants, 
  4.17  and children (WIC) food supplement 
  4.18  program are available for either year 
  4.19  of the biennium.  Transfers of 
  4.20  appropriations between fiscal years 
  4.21  must be for the purpose of maximizing 
  4.22  federal funds or minimizing 
  4.23  fluctuations in the number of 
  4.24  participants.  
  4.25  [LOCAL PUBLIC HEALTH FINANCING.] Of the 
  4.26  general fund appropriation, $5,000,000 
  4.27  each year shall be disbursed for local 
  4.28  public health financing and shall be 
  4.29  distributed according to the community 
  4.30  health service subsidy formula in 
  4.31  Minnesota Statutes, section 145A.13.  
  4.32  [MINNESOTA CHILDREN WITH SPECIAL HEALTH 
  4.33  NEEDS CARRYOVER.] General fund 
  4.34  appropriations for treatment services 
  4.35  in the services for children with 
  4.36  special health care needs program are 
  4.37  available for either year of the 
  4.38  biennium. 
  4.39  [HEALTH CARE ASSISTANCE FOR DISABLED 
  4.40  CHILDREN INELIGIBLE FOR SSI.] 
  4.41  Notwithstanding the requirements of 
  4.42  Minnesota Rules, part 4705.0100, 
  4.43  subpart 14, children who:  (a) are 
  4.44  eligible for medical assistance as of 
  4.45  June 30, 1997, and become ineligible 
  4.46  for medical assistance due to changes 
  4.47  in supplemental security income 
  4.48  disability standards for children 
  4.49  enacted in (PRWORA) Public Law Number 
  4.50  104-193; and (b) are not eligible for 
  4.51  MinnesotaCare, are eligible for health 
  4.52  care services through Minnesota 
  4.53  services for children with special 
  4.54  health care needs under Minnesota 
  4.55  Rules, parts 4705.0100 to 4705.1600 for 
  4.56  the fiscal year ending June 30, 1998, 
  4.57  until eligibility for medical 
  4.58  assistance is reestablished.  The 
  4.59  commissioner of health shall report to 
  4.60  the legislature by March 1, 1998, on 
  4.61  the number of children eligible under 
  4.62  this provision, their health care 
  4.63  needs, family income as a percentage of 
  4.64  the federal poverty level, the extent 
  4.65  to which families have employer-based 
  4.66  health coverage, and recommendations on 
  4.67  how to meet the future needs of 
  5.1   children eligible under this provision. 
  5.2   [AMERICAN INDIAN DIABETES.] Of this 
  5.3   appropriation, $90,000 each year shall 
  5.4   be disbursed for a comprehensive 
  5.5   school-based intervention program 
  5.6   designed to reduce the risk factors 
  5.7   associated with diabetes among American 
  5.8   Indian school children in grades 1 
  5.9   through 4. The appropriation for 1998 
  5.10  may be carried forward to 1999.  The 
  5.11  appropriation for fiscal year 1999 is 
  5.12  available only if matched by $1 of 
  5.13  nonstate money for each $1 of the 
  5.14  appropriation and may be expended in 
  5.15  either year of the biennium.  The 
  5.16  commissioner shall convene an American 
  5.17  Indian diabetes prevention advisory 
  5.18  task force.  The task force must 
  5.19  include representatives from the 
  5.20  American Indian tribes located in the 
  5.21  state and urban American Indian 
  5.22  representatives.  The task force shall 
  5.23  advise the commissioner on the 
  5.24  adaptation of curricula and the 
  5.25  dissemination of information designed 
  5.26  to reduce the risk factors associated 
  5.27  with diabetes among American Indian 
  5.28  school children in grades 1 through 4.  
  5.29  The curricula and information must be 
  5.30  sensitive to traditional American 
  5.31  Indian values and culture and must 
  5.32  encourage full participation by the 
  5.33  American Indian community. 
  5.34  [HOME VISITING PROGRAMS.] (a) Of this 
  5.35  appropriation, $140,000 in 1998 and 
  5.36  $870,000 in 1999 is for the home 
  5.37  visiting programs for infant care under 
  5.38  Minnesota Statutes, section 145A.16.  
  5.39  These amounts are available until June 
  5.40  30, 1999. 
  5.41  (b) Of this appropriation, $225,000 in 
  5.42  1998 and $180,000 in 1999 is to 
  5.43  continue funding the home visiting 
  5.44  programs that received one-year funding 
  5.45  under Laws 1995 1996, chapter 480 408, 
  5.46  article 1, section 9.  This amount is 
  5.47  available until expended. 
  5.48  [FETAL ALCOHOL SYNDROME.] Of the 
  5.49  general fund appropriation, $625,000 
  5.50  each year of the biennium shall be 
  5.51  disbursed to prevent and reduce harm 
  5.52  from fetal alcohol syndrome and fetal 
  5.53  alcohol effect.  
  5.54  [COMPLAINT INVESTIGATIONS.] Of the 
  5.55  appropriation, $127,000 each year from 
  5.56  the state government special revenue 
  5.57  fund, and $75,000 each year from the 
  5.58  general fund, is for the commissioner 
  5.59  to conduct complaint investigations of 
  5.60  nursing facilities, hospitals and home 
  5.61  health care providers. 
  5.62  [COMPLEMENTARY MEDICINE STUDY.] (a) Of 
  5.63  the general fund appropriation, $20,000 
  5.64  in fiscal year 1998 shall be disbursed 
  5.65  for the commissioner of health, in 
  6.1   consultation with the commissioner of 
  6.2   commerce, to conduct a study based on 
  6.3   existing literature, information, and 
  6.4   data on the scope of complementary 
  6.5   medicine offered in this state.  The 
  6.6   commissioner shall: 
  6.7   (1) include the types of complementary 
  6.8   medicine therapies available in this 
  6.9   state; 
  6.10  (2) contact national and state 
  6.11  complementary medicine associations for 
  6.12  literature, information, and data; 
  6.13  (3) conduct a general literary review 
  6.14  for information and data on 
  6.15  complementary medicine; 
  6.16  (4) contact the departments of commerce 
  6.17  and human services for information on 
  6.18  existing registrations, licenses, 
  6.19  certificates, credentials, policies, 
  6.20  and regulations; and 
  6.21  (5) determine by sample, if 
  6.22  complementary medicine is currently 
  6.23  covered by health plan companies and 
  6.24  the extent of the coverage. 
  6.25  In conducting this review, the 
  6.26  commissioner shall consult with the 
  6.27  office of alternative medicine through 
  6.28  the National Institute of Health. 
  6.29  (b) The commissioner shall, in 
  6.30  consultation with the advisory 
  6.31  committee, report the study findings to 
  6.32  the legislature by January 15, 1998.  
  6.33  As part of the report, the commissioner 
  6.34  shall make recommendations on whether 
  6.35  the state should credential or regulate 
  6.36  any of the complementary medicine 
  6.37  providers. 
  6.38  (c) The commissioner shall appoint an 
  6.39  advisory committee to provide expertise 
  6.40  and advice on the study.  The committee 
  6.41  must include representation from the 
  6.42  following groups:  health care 
  6.43  providers, including providers of 
  6.44  complementary medicine; health plan 
  6.45  companies; and consumers.  The advisory 
  6.46  committee is governed by Minnesota 
  6.47  Statutes, section 15.059, for 
  6.48  membership terms and removal of members.
  6.49  (d) For purposes of this study, the 
  6.50  term "complementary medicine" includes, 
  6.51  but is not limited to, acupuncture, 
  6.52  homeopathy, manual healing, 
  6.53  macrobiotics, naturopathy, biofeedback, 
  6.54  mind/body control therapies, 
  6.55  traditional and ethnomedicine 
  6.56  therapies, structural manipulations and 
  6.57  energetic therapies, bioelectromagnetic 
  6.58  therapies, and herbal medicine. 
  6.59  [DOWN'S SYNDROME.] Of the general fund 
  6.60  appropriation, $15,000 in fiscal year 
  6.61  1998 shall be disbursed for a grant to 
  7.1   a nonprofit organization that provides 
  7.2   support to individuals with Down's 
  7.3   Syndrome and their families, for the 
  7.4   purpose of providing all obstetricians, 
  7.5   certified nurse-midwives, and family 
  7.6   physicians licensed to practice in this 
  7.7   state with informational packets on 
  7.8   Down's Syndrome.  The packets must 
  7.9   include, at a minimum, a fact sheet on 
  7.10  Down's Syndrome, a list of counseling 
  7.11  and support groups for families with 
  7.12  children with Down's Syndrome, and a 
  7.13  list of special needs adoption 
  7.14  resources.  The informational packets 
  7.15  must be made available to any pregnant 
  7.16  patient who has tested positive for 
  7.17  Down's Syndrome, either through a 
  7.18  screening test or amniocentesis. 
  7.19  [NEWBORN SCREENING FOR HEARING LOSS 
  7.20  PROGRAM IMPLEMENTATION PLAN.] (a) Of 
  7.21  the general fund appropriation, $18,000 
  7.22  in fiscal year 1998 shall be disbursed 
  7.23  to pay the costs of coordinating with 
  7.24  hospitals, the medical community, 
  7.25  audiologists, insurance companies, 
  7.26  parents, and deaf and hard-of-hearing 
  7.27  citizens to establish and implement a 
  7.28  voluntary plan for hospitals and other 
  7.29  health care facilities to screen all 
  7.30  infants for hearing loss. 
  7.31  (b) The plan to achieve universal 
  7.32  screening of infants for hearing loss 
  7.33  on a voluntary basis shall be 
  7.34  formulated by a department work group, 
  7.35  including the following representatives:
  7.36  (1) a representative of the health 
  7.37  insurance industry designated by the 
  7.38  health insurance industry; 
  7.39  (2) a representative of the Minnesota 
  7.40  Hospital and Healthcare Partnership; 
  7.41  (3) a total of two representatives from 
  7.42  the following physician groups 
  7.43  designated by the Minnesota Medical 
  7.44  Association:  pediatrics, family 
  7.45  practice, and ENT; 
  7.46  (4) two audiologists designated by the 
  7.47  Minnesota Speech-Language-Hearing 
  7.48  Association and the Minnesota Academy 
  7.49  of Audiology; 
  7.50  (5) a representative of hospital 
  7.51  neonatal nurseries; 
  7.52  (6) a representative of part H (IDEA) 
  7.53  early childhood special education; 
  7.54  (7) the commissioner of health or a 
  7.55  designee; 
  7.56  (8) a representative of the department 
  7.57  of human services; 
  7.58  (9) a public health nurse; 
  7.59  (10) a parent of a deaf or 
  8.1   hard-of-hearing child; 
  8.2   (11) a deaf or hard-of-hearing person; 
  8.3   and 
  8.4   (12) a representative of the Minnesota 
  8.5   commission serving deaf and 
  8.6   hard-of-hearing people. 
  8.7   Members of the work group shall not 
  8.8   collect a per diem or compensation as 
  8.9   provided in Minnesota Statutes, section 
  8.10  15.0575. 
  8.11  (c) The plan shall include measurable 
  8.12  goals and timetables for the 
  8.13  achievement of universal screening of 
  8.14  infants for hearing loss throughout the 
  8.15  state and shall include the design and 
  8.16  implementation of needed training to 
  8.17  assist hospitals and other health care 
  8.18  facilities screen infants for hearing 
  8.19  loss according to recognized standards 
  8.20  of care. 
  8.21  (d) The work group shall report to the 
  8.22  legislature by January 15, 1998, 
  8.23  concerning progress toward the 
  8.24  achievement of universal screening of 
  8.25  infants in Minnesota for the purpose of 
  8.26  assisting the legislature to determine 
  8.27  whether this goal can be accomplished 
  8.28  on a voluntary basis. 
  8.29  [INFANT HEARING SCREENING PROGRAM.] Of 
  8.30  the general fund appropriation, $25,000 
  8.31  in fiscal year 1998 shall be disbursed 
  8.32  for a grant to a hospital in Staples, 
  8.33  Minnesota, for the infant hearing 
  8.34  screening program. 
  8.35  [NURSING HOMES DAMAGED BY FLOODS.] The 
  8.36  commissioner shall conduct an expedited 
  8.37  process under Minnesota Statutes, 
  8.38  section 144A.073, solely to review 
  8.39  nursing home moratorium exceptions 
  8.40  necessary to repair or replace nursing 
  8.41  facilities damaged by spring flooding 
  8.42  in 1997.  The commissioner may not 
  8.43  issue a request for proposals for 
  8.44  moratorium projects not related to 
  8.45  spring flooding until this expedited 
  8.46  process is completed.  For facilities 
  8.47  that require total replacement and the 
  8.48  relocation of residents to other 
  8.49  facilities during construction, the 
  8.50  operating cost payment rates for the 
  8.51  new facility shall be determined using 
  8.52  the interim and settle-up payment 
  8.53  provisions of Minnesota Rules, part 
  8.54  9549.0057, and the reimbursement 
  8.55  provisions of Minnesota Statutes, 
  8.56  section 256B.431, except that 
  8.57  subdivision 25, paragraphs (b), clause 
  8.58  (3), and (d), shall not apply until the 
  8.59  second rate year after the settle-up 
  8.60  cost report is filed.  Property-related 
  8.61  reimbursement rates shall be determined 
  8.62  under Minnesota Rules, chapter 9549, 
  8.63  taking into account any federal or 
  8.64  state flood-related loans or grants 
  9.1   provided to a facility.  The medical 
  9.2   assistance costs of this paragraph 
  9.3   shall be paid from the amount made 
  9.4   available in section 2 of this article 
  9.5   for moratorium exceptions.  This 
  9.6   paragraph is effective the day 
  9.7   following final enactment and is not 
  9.8   subject to section 13 of this article.