Engrossments
Introduction		Posted on 02/11/2015
1st Engrossment		Posted on 03/02/2015
2nd Engrossment		Posted on 03/11/2015

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2014, section 119B.07, is amended to read:

119B.07 USE OF MONEY.

new text begin Subdivision 1. new text end

new text begin Uses of money. new text end

deleted text begin(a)deleted text end Money for persons listed in sections 119B.03,
subdivision 3, and 119B.05, subdivision 1, shall be used to reduce the costs of child care
for students, including the costs of child care for students while employed if enrolled in an
eligible education program at the same time and making satisfactory progress towards
completion of the program. Counties may not limit the duration of child care subsidies for
a person in an employment or educational program, except when the person is found to be
ineligible under the child care fund eligibility standards. Any limitation must be based
on a person's employment plan in the case of an MFIP participant, and county policies
included in the child care fund plan. 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, excluding basic or remedial education
programs needed to prepare for postsecondary education or employment.

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

deleted text begin(b)deleted text end To be eligible, the student must be in good standing
and be making satisfactory progress toward the degree. Time limitations for child care
assistance do not apply to basic or remedial educational programs needed to prepare
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. If an MFIP
participant who is receiving MFIP child care assistance under this chapter moves to
another county, continues to participate in educational or training programs authorized in
their employment plans, and continues to be eligible for MFIP child care assistance under
this chapter, the MFIP participant must receive continued child care assistance from the
county responsible for their current employment plan, under section 256G.07.

new text begin Subd. 3. new text end

new text begin Amount of child care assistance authorized. new text end

new text begin (a) If the student meets the
conditions of subdivisions 1 and 2, child care assistance must be authorized for all hours
of actual class time and credit hours, including independent study and internships; up to
two hours of travel time per day; and, for postsecondary students, two hours per week
per credit hour for study time and academic appointments. For an MFIP or DWP student
whose employment plan specifies a different time frame, child care assistance must be
authorized according to the time frame specified in the employment plan.
new text end

new text begin (b) The amount of child care assistance authorized must take into consideration 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
the parent's authorized activity.
new text end

new text begin (c) When the conditions in paragraph (d) do not apply, the applicant's or participant's
activity schedule does not need to be verified. The amount of child care assistance
authorized may be used during the applicant's or participant's activity or at other times, as
determined by the family, to meet the developmental needs of the child.
new text end

new text begin (d) Care must be authorized based on the applicant's or participant's verified activity
schedule when:
new text end

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

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

new text begin (3) the family includes more than one applicant or participant; or
new text end

new text begin (4) an applicant or participant is employed by a child care center.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 119B.10, subdivision 1, is amended to read:

Subdivision 1.

Assistance for persons seeking and retaining employment.

(a)
Persons who are seeking employment and who are eligible for assistance under this
section are eligible to receive up to 240 hours of child care assistance per calendar year.

(b) 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 continued child care assistance for employment.
For purposes of this section, work-study programs must be counted as employment. Child
care assistance deleted text beginduring employmentdeleted text endnew text begin for employed participantsnew text end must be authorized as
provided in paragraphs (c) deleted text beginanddeleted text endnew text begin,new text end (d)new text begin, (e), (f), and (g)new text end.

(c) 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
actual hours of employment, break, and mealtime during the employment and travel time
up to two hours per day.

(d) 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 income 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 (e) The amount of child care assistance authorized must take into consideration 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
the parent's authorized activity.
new text end

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

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

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

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

new text begin (3) the family includes more than one applicant or participant; or
new text end

new text begin (4) an applicant or participant is employed by a child care center.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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 recipientnew text begin or providernew text end in excess of the payment due is recoverable by the county
agency under paragraphs (b) and (c), even when the overpayment was caused by deleted text beginagency
error ordeleted text end circumstances outside the responsibility and control of the family or provider.new text begin
Notwithstanding any provision to the contrary in this subdivision, an overpayment must
be recovered, regardless of amount or time period, if the overpayment was caused by
wrongfully obtaining assistance under section 256.98 or benefits paid while an action is
pending appeal under section 119B.16, to the extent the commissioner finds on appeal that
the appellant was not eligible for the amount of child care assistance paid.
new text end

(b) 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 begin Family overpayments must be established and recovered in
accordance with clauses (1) to (5).
new text end

new text begin (1) If the overpayment is estimated to be less than $500, the overpayment must not be
established or collected. Any portion of the overpayment that occurred more than one year
prior to the date of the overpayment determination must not be established or collected.
new text end

new text begin (2)new text end If the family remains eligible for child care assistancenew text begin and an overpayment is
establishednew 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

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

new text begin (4)new text end 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.

new text begin (5)new text end A 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) An overpayment caused by agency error must not be established or collected.
An overpayment caused by more than one reason must not be established or collected
if any portion of the overpayment is due to agency error. This paragraph does not
apply if the overpayment was caused in part by wrongfully obtaining assistance under
section 256.98 or benefits paid pending appeal under section 119B.16, to the extent that
the commissioner finds on appeal 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 1, 2016.
new text end

Sec. 4.

new text begin [119B.27] QUALITY RATING AND IMPROVEMENT SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin A voluntary quality rating and
improvement system is established to ensure that Minnesota's children have access to
high-quality early childhood programs in a range of settings in order to improve the
educational outcomes of children so that they are ready for school.
new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin The commissioner of human services, in cooperation with the
commissioner of health and the commissioner of education, shall create quality standards
and indicators using research-based practices.
new text end

new text begin Subd. 3. new text end

new text begin Eligible early childhood programs. new text end

new text begin Early childhood programs eligible to
participate in the voluntary quality rating and improvement system include:
new text end

new text begin (1) child care centers licensed under Minnesota Rules, chapter 9503;
new text end

new text begin (2) family and group family day care homes licensed under Minnesota Rules,
chapter 9502;
new text end

new text begin (3) Head Start programs under section 119A.50;
new text end

new text begin (4) school readiness programs under section 124D.15;
new text end

new text begin (5) early childhood special education programs under chapter 125A;
new text end

new text begin (6) tribally licensed early childhood programs; and
new text end

new text begin (7) other program types as determined by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin For each eligible early childhood program that voluntarily seeks a
rating, the commissioner shall:
new text end

new text begin (1) assess program quality using established quality standards and indicators;
new text end

new text begin (2) determine a rating or determine that no rating was earned;
new text end

new text begin (3) issue a rating;
new text end

new text begin (4) reassess a rating if the early childhood program:
new text end

new text begin (i) believes one or more errors was made in the program's quality assessment; and
new text end

new text begin (ii) requests reconsideration of the rating in writing to the commissioner within
60 days of the issuance date of the rating;
new text end

new text begin (5) revoke a rating under any of the following conditions:
new text end

new text begin (i) a licensed early childhood program is issued a conditional license or a licensing
sanction under chapter 245A;
new text end

new text begin (ii) an early childhood program, provider, or person knowingly withholds relevant
information from or gives false or misleading information to an assessor in the quality
rating assessment process;
new text end

new text begin (iii) an early childhood program, provider, or person is disqualified from receiving
payment for child care services from the child care assistance program under this chapter,
due to wrongfully obtaining child care assistance under section 256.98, subdivision 8,
paragraph (c);
new text end

new text begin (iv) an early childhood program, provider, or person has a determination of
substantiated financial misconduct in early learning scholarships under section 124D.165;
or
new text end

new text begin (v) an early childhood program is no longer eligible under subdivision 3; and
new text end

new text begin (6) make rating information publicly available to consumers.
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. 5.

Minnesota Statutes 2014, section 124D.165, subdivision 4, is amended to read:

Subd. 4.

Early childhood program eligibility.

(a) In order to be eligible to accept
an early learning scholarship, a program must:

(1) participate in the quality rating and improvement system under section deleted text begin124D.142deleted text endnew text begin
119B.27new text end; and

(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating
and improvement system.

(b) Any program accepting scholarships must use the revenue to supplement and not
supplant federal funding.

(c) Notwithstanding paragraph (a), all Minnesota early learning foundation
scholarship program pilot sites are eligible to accept an early learning scholarship under
this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

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

new text begin Subd. 10. new text end

new text begin Providers of group residential housing or supplementary services.
new text end

new text begin The commissioner shall conduct background studies on any individual required under
section 256I.04 to have a background study completed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Providers of group residential housing or supplementary services.
new text end

new text begin The commissioner shall recover the cost of background studies initiated by providers of
group residential housing or supplementary services under section 256I.04 through a fee
of no more than $20 per study. The fees collected under this subdivision are appropriated
to the commissioner for the purpose of conducting background studies.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

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

new text begin Subd. 14c. new text end

new text begin Early intervention support and services for at-risk American Indian
families. new text end

new text begin (a) The commissioner shall authorize grants to tribal child welfare agencies and
urban Indian organizations for the purpose of providing early intervention support and
services to prevent child maltreatment for at-risk American Indian families.
new text end

new text begin (b) The commissioner is authorized to develop program eligibility criteria, early
intervention service delivery procedures, and reporting requirements for agencies and
organizations receiving grants.
new text end

Sec. 9.

Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:

Subdivision 1.

Authority and purpose.

The commissioner shall administer a
compliance system for the Minnesota family investment program, the food stamp or
food support program, emergency assistance, general assistance, medical assistance,
emergency general assistance, Minnesota supplemental assistancenew text begin, group residential
housing and housing assistancenew text end, preadmission screening, alternative care grants, the child
care assistance program, and all other programs administered by the commissioner or on
behalf of the commissioner under the powers and authorities named in section 256.01,
subdivision 2. The purpose of the compliance system is to permit the commissioner to
supervise the administration of public assistance programs and to enforce timely and
accurate distribution of benefits, completeness of service and efficient and effective
program management and operations, to increase uniformity and consistency in the
administration and delivery of public assistance programs throughout the state, and to
reduce the possibility of sanctions and fiscal disallowances for noncompliance with federal
regulations and state statutes. The commissioner, or the commissioner's representative,
may issue administrative subpoenas as needed in administering the compliance system.

The commissioner shall utilize training, technical assistance, and monitoring
activities, as specified in section 256.01, subdivision 2, to encourage county agency
compliance with written policies and procedures.

Sec. 10.

Minnesota Statutes 2014, section 256.741, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The term "direct support" as used in this chapter and
chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor
which is paid directly to a recipient of public assistance.

(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
and 518C, includes any form of assistance provided under the AFDC program formerly
codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter
256, MFIP under chapter 256J, work first program formerly codified under chapter 256K;
child care assistance provided through the child care fund under chapter 119B; any form
of medical assistance under chapter 256B; deleted text beginMinnesotaCare under chapter 256L;deleted text end and foster
care as provided under title IV-E of the Social Security Act.new text begin MinnesotaCare and health
plans subsidized by federal premium tax credits or federal cost-sharing reductions are not
considered public assistance for purposes of a child support referral.
new text end

(c) The term "child support agency" as used in this section refers to the public
authority responsible for child support enforcement.

(d) The term "public assistance agency" as used in this section refers to a public
authority providing public assistance to an individual.

(e) The terms "child support" and "arrears" as used in this section have the meanings
provided in section 518A.26.

(f) The term "maintenance" as used in this section has the meaning provided in
section 518.003.

Sec. 11.

Minnesota Statutes 2014, section 256.741, subdivision 2, is amended to read:

Subd. 2.

Assignment of support and maintenance rights.

(a) An individual
receiving public assistance in the form of assistance under any of the following programs:
the AFDC program formerly codified in sections 256.72 to 256.87, MFIP under chapter
256J, MFIP-R and MFIP formerly codified under chapter 256, or work first program
formerly codified under chapter 256K is considered to have assigned to the state at the
time of application all rights to child support and maintenance from any other person the
applicant or recipient may have in the individual's own behalf or in the behalf of any other
family member for whom application for public assistance is made. An assistance unit is
ineligible for the Minnesota family investment program unless the caregiver assigns all
rights to child support and maintenance benefits according to this section.

(1) The assignment is effective as to any current child support and current
maintenance.

(2) Any child support or maintenance arrears that accrue while an individual is
receiving public assistance in the form of assistance under any of the programs listed in
this paragraph are permanently assigned to the state.

(3) The assignment of current child support and current maintenance ends on the
date the individual ceases to receive or is no longer eligible to receive public assistance
under any of the programs listed in this paragraph.

(b) An individual receiving public assistance in the form of medical assistancedeleted text begin,
including MinnesotaCare,deleted text end is considered to have assigned to the state at the time of
application all rights to medical support from any other person the individual may have
in the individual's own behalf or in the behalf of any other family member for whom
medical assistance is provided.

(1) An assignment made after September 30, 1997, is effective as to any medical
support accruing after the date of medical assistance deleted text beginor MinnesotaCaredeleted text end eligibility.

(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistancedeleted text begin, including MinnesotaCare,deleted text end are permanently
assigned to the state.

(3) The assignment of current medical support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of medical
assistance deleted text beginor MinnesotaCaredeleted text end.

(c) An individual receiving public assistance in the form of child care assistance
under the child care fund pursuant to chapter 119B is considered to have assigned to the
state at the time of application all rights to child care support from any other person the
individual may have in the individual's own behalf or in the behalf of any other family
member for whom child care assistance is provided.

(1) The assignment is effective as to any current child care support.

(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter 119B
are permanently assigned to the state.

(3) The assignment of current child care support ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance in the form of child
care assistance under the child care fund under chapter 119B.

Sec. 12.

Minnesota Statutes 2014, section 256D.01, subdivision 1b, is amended to read:

Subd. 1b.

Rules.

The commissioner shall adopt rules to set standards of assistance
and methods of calculating payment to conform with subdivision 1a. When a recipient
new text beginis receiving housing assistance according to section 256I.04, subdivision 1, paragraph
(d), or new text endis a resident of a licensed residential facility, except shelters for the homeless or
shelters under section 611A.31, the recipient is not eligible for a full general assistance
standard. The state standard of assistance for those recipients who have personal needs not
otherwise provided for is the personal needs allowance authorized for medical assistance
recipients under section 256B.35.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2014, section 256D.44, subdivision 2, is amended to read:

Subd. 2.

Standard of assistance for certain persons.

The state standard
of assistance for a person who: (1) is eligible for a medical assistance home and
community-based services waiver; new text beginor new text end(2) has been determined by the local agency to meet
the deleted text beginplandeleted text endnew text begin eligibilitynew text end requirements deleted text beginfor placement in a group residential housing facilitydeleted text end
under section 256I.04, subdivision 1adeleted text begin; or (3) is eligible for a shelter needy payment under
subdivision 5, paragraph (f)deleted text end, is the standard established in subdivision 3, paragraph (a)
or (b).

new text begin EFFECTIVE DATE. new text end

new text begin The amendment to this section striking clause (3) is effective
February 1, 2017.
new text end

Sec. 14.

Minnesota Statutes 2014, section 256D.44, subdivision 5, is amended to read:

Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

deleted text begin (f)(1) Notwithstanding the language in this subdivision, an amount equal to
the maximum allotment authorized by the federal Food Stamp Program for a single
individual which is in effect on the first day of July of each year will be added to the
standards of assistance established in subdivisions 1 to 4 for adults under the age of
65 who qualify as shelter needy and are: (i) relocating from an institution, or an adult
mental health residential treatment program under section 256B.0622; or (ii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).
deleted text end

deleted text begin (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.
deleted text end

deleted text begin (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.
deleted text end

deleted text begin (g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider. When housing is controlled by the service
provider, the individual may choose the individual's own service provider as provided in
section 256B.49, subdivision 23, clause (3). When the housing is controlled by the service
provider, the service provider shall implement a plan with the recipient to transition the
lease to the recipient's name. Within two years of signing the initial lease, the service
provider shall transfer the lease entered into under this subdivision to the recipient. In
the event the landlord denies this transfer, the commissioner may approve an exception
within sufficient time to ensure the continued occupancy by the recipient. This paragraph
expires June 30, 2016.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2014, section 256I.01, is amended to read:

256I.01 CITATION.

Sections 256I.01 to 256I.06 shall be cited as the "deleted text beginGroupdeleted text end Residential Housing Act."

Sec. 16.

Minnesota Statutes 2014, section 256I.02, is amended to read:

256I.02 PURPOSE.

The deleted text beginGroupdeleted text end Residential Housing Act establishes a comprehensive system of rates
and payments for persons who reside in the community and who meet the eligibility
criteria under section 256I.04, subdivision 1.

Sec. 17.

Minnesota Statutes 2014, section 256I.03, is amended to read:

256I.03 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 256I.01 to 256I.06, the terms
defined in this section have the meanings given them.

Subd. 1a.

Agency.

"Agency" has the meaning given in section 256P.01, subdivision
2.

deleted text begin Subd. 2. deleted text end

deleted text begin Group residential housing rate. deleted text end

deleted text begin "Group residential housing rate" means
a monthly rate set for shelter, fuel, food, utilities, household supplies, and other costs
necessary to provide room and board for eligible individuals. Group residential housing
rate does not include payments for foster care for children who are not blind, child
welfare services, medical care, dental care, hospitalization, nursing care, drugs or medical
supplies, program costs, or other social services. The rate is negotiated by the county
agency according to the provisions of sections 256I.01 to 256I.06.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Group residential housing. deleted text end

deleted text begin "Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section 256I.04. This definition includes foster care
settings or community residential settings for a single adult. To receive payment for a
group residence rate, the residence must meet the requirements under section 256I.04,
subdivision 2a.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin MSA equivalent rate. deleted text end

deleted text begin "MSA equivalent rate" means an amount equal
to the total of:
deleted text end

deleted text begin (1) the combined maximum shelter and basic needs standards for MSA recipients
living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph
(a); plus
deleted text end

deleted text begin (2) the maximum allotment authorized by the federal Food Stamp Program for a
single individual which is in effect on the first day of July each year; less
deleted text end

deleted text begin (3) the personal needs allowance authorized for medical assistance recipients under
section 256B.35.
deleted text end

deleted text begin The MSA equivalent rate is to be adjusted on the first day of July each year to reflect
changes in any of the component rates under clauses (1) to (3).
deleted text end

deleted text begin Subd. 6. deleted text end

deleted text begin Medical assistance room and board rate. deleted text end

deleted text begin "Medical assistance room
and board rate" means an amount equal to the medical assistance income standard for a
single individual living alone in the community less the medical assistance personal needs
allowance under section 256B.35. For the purposes of this section, the amount of the
group residential housing rate that exceeds the medical assistance room and board rate is
considered a remedial care cost. A remedial care cost may be used to meet a spenddown
obligation under section 256B.056, subdivision 5. The medical assistance room and board
rate is to be adjusted on the first day of January of each year.
deleted text end

deleted text begin Subd. 7. deleted text end

deleted text begin Countable income. deleted text end

deleted text begin "Countable income" means all income received by
an applicant or recipient less any applicable exclusions or disregards. For a recipient of
any cash benefit from the SSI program, countable income means the SSI benefit limit in
effect at the time the person is in a GRH, less the medical assistance personal needs
allowance. If the SSI limit has been reduced for a person due to events occurring prior
to the persons entering the GRH setting, countable income means actual income less
any applicable exclusions and disregards.
deleted text end

deleted text begin Subd. 8. deleted text end

deleted text begin Supplementary services. deleted text end

deleted text begin "Supplementary services" means services
provided to residents of group residential housing providers in addition to room and
board including, but not limited to, oversight and up to 24-hour supervision, medication
reminders, assistance with transportation, arranging for meetings and appointments, and
arranging for medical and social services.
deleted text end

new text begin Subd. 9. new text end

new text begin Countable income. new text end

new text begin "Countable income" means all income received by an
applicant or recipient less any applicable exclusions or disregards. For a recipient of any
cash benefit from the SSI program, countable income means the SSI benefit limit in effect
at the time the person is a recipient of group residential housing or housing assistance, less
the medical assistance personal needs allowance under section 256B.35. If the SSI limit
or benefit is reduced for a person due to events other than receipt of additional income,
countable income means actual income less any applicable exclusions and disregards.
new text end

new text begin Subd. 10. new text end

new text begin Direct contact. new text end

new text begin "Direct contact" means providing face-to-face care,
support, training, supervision, counseling, consultation, or medication assistance to
recipients of group residential housing or supplementary services.
new text end

new text begin Subd. 11. new text end

new text begin Group residential housing. new text end

new text begin "Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who meet
the eligibility requirements of section 256I.04. To receive payment for a group residence
rate, the residence must meet the requirements under section 256I.04, subdivisions 2a to 2f.
new text end

new text begin Subd. 12. new text end

new text begin Group residential housing rate. new text end

new text begin "Group residential housing rate"
means a monthly rate set for shelter, fuel, food, utilities, household supplies, and other
costs necessary to provide room and board for eligible individuals. Group residential
housing rate does not include payments for foster care for children who are not blind,
child welfare services, medical care, dental care, hospitalization, nursing care, drugs or
medical supplies, program costs, or other social services. The rate is negotiated by the
county agency according to the provisions of sections 256I.01 to 256I.06.
new text end

new text begin Subd. 13. new text end

new text begin Habitability inspection. new text end

new text begin "Habitability inspection" means an inspection to
determine whether the housing occupied by an individual meets the habitability standards
specified by the commissioner. The standards must be provided to the applicant in written
form and posted on the Department of Human Services Web site.
new text end

new text begin Subd. 14. new text end

new text begin Housing assistance. new text end

new text begin "Housing assistance" means a monthly rate provided
to an individual who is living in the individual's own home that has passed a habitability
inspection.
new text end

new text begin Subd. 15. new text end

new text begin Housing costs. new text end

new text begin "Housing costs" means actual monthly rent or mortgage
amount, costs associated with heating, cooling, electricity, water, sewer, and garbage
collection, and the basic service fee for one telephone.
new text end

new text begin Subd. 16. new text end

new text begin Institution. new text end

new text begin "Institution" means a hospital, a nursing facility, an
intermediate care facility for persons with developmental disabilities, or regional treatment
center inpatient services provided according to section 245.474.
new text end

new text begin Subd. 17. new text end

new text begin Long-term homelessness. new text end

new text begin "Long-term homelessness" means lacking
a permanent place to live: (1) continuously for one year or more; or (2) at least four
times in the past three years.
new text end

new text begin Subd. 18. new text end

new text begin MSA equivalent rate. new text end

new text begin "MSA equivalent rate" means an amount equal
to the total of:
new text end

new text begin (1) the combined maximum shelter and basic needs standards for MSA recipients
living alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph
(a); plus
new text end

new text begin (2) the maximum allotment authorized by the federal Food Stamp Program for a
single individual which is in effect on the first day of July each year; less
new text end

new text begin (3) the personal needs allowance authorized for medical assistance recipients under
section 256B.35.
new text end

new text begin The MSA equivalent rate is to be adjusted on the first day of July each year to reflect
changes in any of the component rates under clauses (1) to (3).
new text end

new text begin Subd. 19. new text end

new text begin Medical assistance room and board rate. new text end

new text begin "Medical assistance room
and board rate" means an amount equal to the medical assistance income standard for a
single individual living alone in the community less the medical assistance personal needs
allowance under section 256B.35. For the purposes of this section, the amount of the
group residential housing rate that exceeds the medical assistance room and board rate is
considered a remedial care cost. A remedial care cost may be used to meet a spenddown
obligation under section 256B.056, subdivision 5. The medical assistance room and board
rate is to be adjusted on the first day of January of each year.
new text end

new text begin Subd. 20. new text end

new text begin Own home. new text end

new text begin "Own home" means an individual's residence that: (1) is
owned, rented, or leased by an individual who is responsible for the individual's own
meals; (2) is not licensed according to section 256I.04, subdivision 2a; and (3) does not
have program requirements that restrict residency.
new text end

new text begin Subd. 21. new text end

new text begin Payment. new text end

new text begin "Payment" means a group residential housing payment or a
housing assistance program.
new text end

new text begin Subd. 22. new text end

new text begin Professional certification. new text end

new text begin "Professional certification" means a statement
about an individual's illness, injury, or incapacity that is signed by a qualified professional.
The statement must specify that the individual has an illness or incapacity which limits the
individual's ability to work and provide self-support. The statement must also specify that
the individual needs assistance to access or maintain housing, as evidenced by the need
for two or more of the following services:
new text end

new text begin (1) tenancy supports to assist an individual with finding the individual's own
home, landlord negotiation, securing furniture and household supplies, understanding
and maintaining tenant responsibilities, conflict negotiation, and budgeting and financial
education;
new text end

new text begin (2) supportive services to assist with basic living and social skills, household
management, monitoring of overall well-being, and problem solving;
new text end

new text begin (3) employment supports to assist with maintaining or increasing employment,
increasing earnings, understanding and utilizing appropriate benefits and services,
improving physical or mental health, moving toward self-sufficiency, and achieving
personal goals; or
new text end

new text begin (4) health supervision services to assist in the preparation and administration of
medications other than injectables, the provision of therapeutic diets, taking vital signs, or
providing assistance in dressing, grooming, bathing, or with walking devices.
new text end

new text begin Subd. 23. new text end

new text begin Prospective budgeting. new text end

new text begin "Prospective budgeting" means estimating the
amount of monthly income a person will have in the payment month.
new text end

new text begin Subd. 24. new text end

new text begin Qualified professional. new text end

new text begin "Qualified professional" means an individual as
defined in section 256J.08, subdivision 73a, or Minnesota Rules, part 9530.6450, subpart
3, 4, or 5; or an individual approved by the director of human services or a designee
of the director.
new text end

new text begin Subd. 25. new text end

new text begin Supplementary services. new text end

new text begin "Supplementary services" means services
provided to recipients of group residential housing or housing assistance in addition to
room and board including, but not limited to, oversight and up to 24-hour supervision,
medication reminders, assistance with transportation, arranging for meetings and
appointments, and arranging for medical and social services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 9 is effective August 1, 2015. Subdivision 25 is
effective February 1, 2017.
new text end

Sec. 18.

Minnesota Statutes 2014, section 256I.04, is amended to read:

256I.04 ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENTnew text begin
AND HOUSING ASSISTANCE PAYMENTnew text end.

Subdivision 1.

Individual eligibility requirements.

An individual is eligible for
and entitled to a group residential housing payment deleted text beginto be made on the individual's behalf
if the agency has approved the individual's residence in a group residential housing setting
anddeleted text end new text beginor a housing assistance payment if new text endthe individual meets the requirements in paragraph
(a) or (b)new text begin, and demonstrates a need for services under paragraph (c). An applicant for
housing assistance must also meet the requirements under paragraphs (d) and (e). An
applicant for group residential housing must also meet the applicable countable income
threshold under paragraph (f)new text end.

(a) The individual is aged, blind, or is over 18 years of age and disabled as
determined under the criteria used by the title II program of the Social Security Act, and
meets the resource restrictions and standards of section 256P.02, and the individual's
countable income deleted text beginafter deductingdeleted text endnew text begin shall be reduced by new text end the (1) exclusions and disregards of
the SSI program, new text beginand new text end(2) the medical assistance personal needs allowance under section
256B.35deleted text begin, and (3) an amount equal to the income actually made available to a community
spouse by an elderly waiver participant under the provisions of sections 256B.0575,
paragraph (a), clause deleted text enddeleted text begin(4), and 256B.058, subdivision 2, is less than the monthly rate
specified in the agency's agreement with the provider of group residential housing in
which the individual residesdeleted text end.

(b) The individual meets a category of eligibility under section 256D.05, subdivision
1, paragraph (a), new text beginclauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, new text endand
the individual's resources are less than the standards specified by section 256P.02, and the
individual's countable income deleted text beginasdeleted text end new text beginis new text enddetermined under sections 256D.01 to 256D.21, less
the medical assistance personal needs allowance under section 256B.35 deleted text beginis less than the
monthly rate specified in the agency's agreement with the provider of group residential
housing in which the individual residesdeleted text end.

new text begin (c) The individual must demonstrate a need for services as shown by receipt of:
new text end

new text begin (1) an assessed need for supportive housing according to the continuum of care
coordinated assessment system established under Code of Federal Regulations, title 24,
section 578.3;
new text end

new text begin (2) home and community-based services identified in section 245D.03, subdivision 1;
alternative care according to section 256B.0913; adult rehabilitative mental health services
according to section 256B.0623; targeted case management services according to section
256B.0924, subdivision 3; assertive community treatment services according to section
256B.0622, subdivision 2; essential community supports according to section 256B.0922;
nonresidential chemical dependency treatment services identified in Minnesota Rules,
parts 9530.6620 and 9530.6622; community first services and supports according to
section 256B.85; or a difficulty of care rate according to section 256I.05, subdivision 1c; or
new text end

new text begin (3) a professional certification for residence in group residential housing.
new text end

new text begin (d) Effective February 1, 2017, an individual is eligible for housing assistance if
the individual:
new text end

new text begin (1) is relocating out of an institution or a licensed or registered setting according to
subdivision 2a, within the last 90 days; was receiving group residential housing payments in
the individual's own home as of February 1, 2017; or was receiving the shelter special need
payment under section 256D.44, subdivision 5, paragraph (f), on January 31, 2017; and
new text end

new text begin (2) has monthly housing costs in the individual's own home that are more than 40
percent of the individual's monthly countable income.
new text end

new text begin (e) An individual who receives housing assistance is required to apply for federal
rental assistance in the individual's own home, if applicable. An individual may not
receive housing assistance and group residential housing or state or federal rental
assistance at the same time.
new text end

new text begin (f) An individual is eligible for group residential housing if the amount of countable
income under paragraph (a) or (b) is less than the monthly rate specified in the agency's
agreement with the provider of group residential housing in which the individual resides.
In addition, the countable income under paragraph (a) must be reduced by an amount
equal to the income actually made available to a community spouse by an elderly waiver
participant under sections 256B.0575, subdivision 1, paragraph (a), clause (4), and
256B.058, subdivision 2.
new text end

Subd. 1a.

County approval.

(a) A county agency may not approve a deleted text begingroup
residential housingdeleted text end payment for an individual in any setting with a rate in excess of the
MSA equivalent rate deleted text beginfor more than 30 days in a calendar yeardeleted text endnew text begin or for an individual in the
individual's own home in excess of the housing assistance paymentnew text end unless the deleted text begincounty
agency has developed or approveddeleted text endnew text begin individual hasnew text end a deleted text beginplan for the individual which specifies
that:deleted text endnew text begin professional certification, under section 256I.03, subdivision 22.
new text end

deleted text begin (1) the individual has an illness or incapacity which prevents the person from living
independently in the community; and
deleted text end

deleted text begin (2) the individual's illness or incapacity requires the services which are available in
the group residence.
deleted text end

deleted text begin The plan must be signed or countersigned by any of the following employees of the
county of financial responsibility: the director of human services or a designee of the
director; a social worker; or a case aide.
deleted text end

(b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements under this section, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.

new text begin (c) Effective July 1, 2016, to be eligible for supplementary service payments,
providers must enroll in the provider enrollment system identified by the commissioner.
new text end

Subd. 1b.

Optional state supplements to SSI.

Group residential housingnew text begin and
housing assistancenew text end payments made on behalf of persons eligible under subdivision 1,
paragraph (a), are optional state supplements to the SSI program.

Subd. 1c.

Interim assistance.

Group residential housingnew text begin and housing assistancenew text end
payments made on behalf of persons eligible under subdivision 1, paragraph (b), are
considered interim assistance payments to applicants for the federal SSI program.

Subd. 2.

Date of eligibility.

An individual who has met the eligibility requirements
of subdivision 1, shall have a deleted text begingroup residential housingdeleted text end payment made on the individual's
behalf from the first day of the month in which a signed application form is received by
a county agency, or the first day of the month in which all eligibility factors have been
met, whichever is later.

Subd. 2a.

License requirednew text begin, staffing qualificationsnew text end.

deleted text beginA countydeleted text endnew text begin (a) Except
as provided in paragraph (b), annew text end agency may not enter into an agreement with an
establishment to provide group residential housing unless:

(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; deleted text begina residential care home;deleted text end a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;

(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; (iii) deleted text begina residencedeleted text end licensed by the commissioner under Minnesota Rules, parts
2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or (iv)
licensed under section 245D.02, subdivision 4a, as a community residential setting by
the commissioner of human services;new text begin or
new text end

(3) the establishment is registered under chapter 144D and provides three meals a
daydeleted text begin, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; ordeleted text endnew text begin.
new text end

deleted text begin (4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing.
deleted text end

new text begin (b) new text endThe requirements under deleted text beginclauses (1) to (4)deleted text endnew text begin paragraph (a)new text end do not apply to
establishments exempt from state licensure because they arenew text begin:
new text end

new text begin (1)new text end located on Indian reservations and subject to tribal health and safety
requirementsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) a supportive housing establishment that has an approved habitability inspection
and an individual lease agreement and that serves people who have experienced long-term
homelessness and were referred through a coordinated assessment in subdivision 1,
paragraph (c), clause (1).
new text end

new text begin (c) Supportive housing establishments and emergency shelters must participate in
the homeless management information system.
new text end

new text begin (d) Effective July 1, 2016, an agency shall not have an agreement with a provider
of group residential housing or supplementary services unless all staff members who
have direct contact with recipients:
new text end

new text begin (1) have the skills and knowledge acquired through:
new text end

new text begin (i) a course of study in a health- or human services-related field leading to a bachelor
of arts, bachelor of science, or associate's degree;
new text end

new text begin (ii) one year of experience with the target population served;
new text end

new text begin (iii) experience as a certified peer specialist according to section 256B.0615; or
new text end

new text begin (iv) meeting the requirements for unlicensed personnel under sections 144A.43
to 144A.483;
new text end

new text begin (2) hold a current Minnesota driver's license appropriate to the vehicle driven if
transporting participants;
new text end

new text begin (3) complete training on vulnerable adults mandated reporting and child
maltreatment mandated reporting where applicable; and
new text end

new text begin (4) complete group residential housing orientation training offered by the
commissioner.
new text end

Subd. 2b.

deleted text beginGroup residential housingdeleted text end Agreements.

new text begin(a) new text endAgreements between deleted text begincountydeleted text end
agencies and providers of group residential housingnew text begin or supplementary servicesnew text end must be in
writingnew text begin on a form developed and approved by the commissionernew text end and must specify the name
and address under which the establishment subject to the agreement does business and
under which the establishment, or service provider, if different from the group residential
housing establishment, is licensed by the Department of Health or the Department of
Human Services; the specific license or registration from the Department of Health or the
Department of Human Services held by the provider and the number of beds subject to
that license; the address of the location or locations at which group residential housing is
provided under this agreement; the per diem and monthly rates that are to be paid from
group residential housingnew text begin or supplementary servicenew text end funds for each eligible resident at each
location; the number of beds at each location which are subject to the deleted text begingroup residential
housingdeleted text end agreement; whether the license holder is a not-for-profit corporation under section
501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.

new text begin (b) Providers are required to verify the following minimum requirements in the
agreement:
new text end

new text begin (1) current license or registration, including authorization if managing or monitoring
medications;
new text end

new text begin (2) all staff who have direct contact with recipients meet the staff qualifications;
new text end

new text begin (3) the provision of group residential housing;
new text end

new text begin (4) the provision of supplementary services, if applicable;
new text end

new text begin (5) reports of adverse events, including recipient death or serious injury; and
new text end

new text begin (6) submission of residency requirements that could result in recipient eviction.
new text end

deleted text begin Group residential housingdeleted text end

new text begin (c) new text endAgreements may be terminated with or without cause by deleted text begineitherdeleted text end the deleted text begincountydeleted text endnew text begin
commissioner, the agency,new text end or the provider with two calendar months prior noticenew text begin. The
commissioner may immediately terminate an agreement under subdivision 2dnew text end.

Subd. 2c.

deleted text beginCrisis sheltersdeleted text endnew text begin Background study requirementsnew text end.

deleted text begin Secure crisis shelters
for battered women and their children designated by the Minnesota Department of
Corrections are not group residences under this chapter.
deleted text end

new text begin (a) Effective July 1, 2016, a provider of group residential housing or supplementary
services must initiate background studies in accordance with chapter 245C on the
following individuals:
new text end

new text begin (1) controlling individuals as defined in section 245A.02;
new text end

new text begin (2) managerial officials as defined in section 245A.02; and
new text end

new text begin (3) all employees and volunteers of the establishment who have direct contact
with recipients, or who have unsupervised access to recipients, their personal property,
or their private data.
new text end

new text begin (b) The provider of group residential housing or supplementary services must
maintain compliance with all requirements established for entities initiating background
studies under chapter 245C.
new text end

new text begin (c) Effective July 1, 2017, for an individual to begin or continue employment with
a provider of group residential housing or supplementary services, an individual who is
required to receive a background study according to chapter 245C must receive either a
notice stating that:
new text end

new text begin (1) the individual is not disqualified under section 245C.14; or
new text end

new text begin (2) the individual is disqualified, but the individual has been issued a set-aside of
the disqualification for that setting under section 245C.22.
new text end

new text begin Subd. 2d. new text end

new text begin Conditions of payment; commissioner's right to suspend or terminate
agreement. new text end

new text begin (a) Group residential housing or supplementary services must be provided
to the satisfaction of the commissioner, as determined at the sole discretion of the
commissioner's authorized representative, and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations, including business registration
requirements of the Office of the Secretary of State. A provider shall not receive payment
for services or housing found by the commissioner to be unsatisfactory, or performed or
provided in violation of federal, state, or local law, ordinance, rule, or regulation.
new text end

new text begin (b) The commissioner has the right to suspend or terminate the agreement
immediately when the commissioner determines the health or welfare of the housing or
service recipients is endangered, or when the commissioner has reasonable cause to believe
that the provider has breached a material term of the agreement under subdivision 2b.
new text end

new text begin (c) Notwithstanding paragraph (b), if the commissioner learns of a curable material
breach of the agreement by the provider, the commissioner shall provide the provider
with a written notice of the breach and allow ten days to cure the breach. If the provider
does not cure the breach within the time allowed, the provider shall be in default of the
agreement and the commissioner may terminate the agreement immediately thereafter. If
the provider has breached a material term of the agreement and cure is not possible, the
commissioner may immediately terminate the agreement.
new text end

new text begin Subd. 2e. new text end

new text begin Providers holding health or human services licenses. new text end

new text begin (a) Except
for facilities with only a board and lodging license, when group residential housing or
supplementary service staff are also operating under a license issued by the Department of
Health or the Department of Human Services, the minimum staff qualification requirements
for the setting shall be the qualifications listed under the related licensing standards.
new text end

new text begin (b) A background study completed for the licensed service must also satisfy the
background study requirements under this section, if the provider has established the
background study contact person according to chapter 245C and as directed by the
Department of Human Services.
new text end

new text begin Subd. 2f. new text end

new text begin Required services. new text end

new text begin In licensed and registered settings under subdivision
2a, providers shall ensure that participants have at a minimum:
new text end

new text begin (1) food preparation and service for three nutritious meals a day on site;
new text end

new text begin (2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or
service;
new text end

new text begin (3) housekeeping, including cleaning and lavatory supplies or service; and
new text end

new text begin (4) maintenance and operation of the building and grounds, including heat, water,
garbage removal, electricity, telephone for the site, cooling, supplies, and parts and tools
to repair and maintain equipment and facilities.
new text end

new text begin Subd. 2g. new text end

new text begin Crisis shelters. new text end

new text begin Secure crisis shelters for battered women and their
children designated by the Minnesota Department of Corrections are not group residences
under this chapter.
new text end

Subd. 3.

Moratorium on development of group residential housing beds.

(a)
deleted text beginCountydeleted text end Agencies shall not enter into agreements for new group residential housing beds
with total rates in excess of the MSA equivalent rate except:

(1) for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction
targets for persons with developmental disabilities at regional treatment centers;

(2) up to 80 beds in a single, specialized facility located in Hennepin County that will
provide housing for chronic inebriates who are repetitive users of detoxification centers
and are refused placement in emergency shelters because of their state of intoxication,
and planning for the specialized facility must have been initiated before July 1, 1991,
in anticipation of receiving a grant from the Housing Finance Agency under section
462A.05, subdivision 20a, paragraph (b);

(3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a
mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
person who is living on the street or in a shelter or discharged from a regional treatment
center, community hospital, or residential treatment program and has no appropriate
housing available and lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units must serve homeless adults
with mental illness, substance abuse problems, or human immunodeficiency virus or
acquired immunodeficiency syndrome who are about to be or, within the previous six
months, has been discharged from a regional treatment center, or a state-contracted
psychiatric bed in a community hospital, or a residential mental health or chemical
dependency treatment program. If a person meets the requirements of subdivision 1,
paragraph (a), and receives a federal or state housing subsidy, the group residential housing
rate for that person is limited to the supplementary rate under section 256I.05, subdivision
1a, and is determined by subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential housing supplementary rate.
A resident in a demonstration project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing payment in an amount
determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service
funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching
funds are available and the services can be provided through a managed care entity. If
federal matching funds are not available, then service funding will continue under section
256I.05, subdivision 1a;

(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in
Hennepin County providing services for recovering and chemically dependent men that
has had a group residential housing contract with the county and has been licensed as a
board and lodge facility with special services since 1980;

(5) for a group residential housing provider located in the city of St. Cloud, or a county
contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing
through the Minnesota Housing Finance Agency Ending Long-Term Homelessness
Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;

(6) for a new 65-bed facility in Crow Wing County that will serve chemically
dependent persons, operated by a group residential housing provider that currently
operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;

(7) for a group residential housing provider that operates two ten-bed facilities, one
located in Hennepin County and one located in Ramsey County, that provide community
support and 24-hour-a-day supervision to serve the mental health needs of individuals
who have chronically lived unsheltered; and

(8) for a group residential facility in Hennepin County with a capacity of up to 48
beds that has been licensed since 1978 as a board and lodging facility and that until August
1, 2007, operated as a licensed chemical dependency treatment program.

(b) deleted text beginA countydeleted text endnew text begin Annew text end agency may enter into a group residential housing agreement for
beds with rates in excess of the MSA equivalent rate in addition to those currently covered
under a group residential housing agreement if the additional beds are only a replacement
of beds with rates in excess of the MSA equivalent rate which have been made available
due to closure of a setting, a change of licensure or certification which removes the beds
from group residential housing payment, or as a result of the downsizing of a group
residential housing setting. The transfer of available beds from one deleted text begincountydeleted text endnew text begin agencynew text end to
another can only occur by the agreement of both deleted text begincountiesdeleted text endnew text begin agenciesnew text end.

Subd. 4.

Rental assistance.

For participants in the Minnesota supportive housing
demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding
the provisions of section 256I.06, subdivision 8, the amount of the group residential
housing payment for room and board must be calculated by subtracting 30 percent of the
recipient's adjusted income as defined by the United States Department of Housing and
Urban Development for the Section 8 program from the fair market rent established for the
recipient's living unit by the federal Department of Housing and Urban Development. This
payment shall be regarded as a state housing subsidy for the purposes of subdivision 3.
Notwithstanding the provisions of section 256I.06, subdivision 6, the recipient's countable
income will only be adjusted when a change of greater than $100 in a month occurs or
upon annual redetermination of eligibility, whichever is sooner. deleted text beginThe commissioner is
directed to study the feasibility of developing a rental assistance program to serve persons
traditionally served in group residential housing settings and report to the legislature by
February 15, 1999.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1a, 1b, and 1c are effective September 1, 2015.
new text end

Sec. 19.

Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:

Subd. 1c.

Rate increases.

deleted text beginA countydeleted text endnew text begin Annew text end agency may not increase the rates
negotiated for group residential housing above those in effect on June 30, 1993, except as
provided in paragraphs (a) to deleted text begin(f)deleted text endnew text begin (g)new text end.

(a) deleted text beginA countydeleted text endnew text begin An agencynew text end may increase the rates for group residential housing settings
to the MSA equivalent rate for those settings whose current rate is below the MSA
equivalent rate.

(b) deleted text beginA countydeleted text endnew text begin Annew text end agency may increase the rates for residents in adult foster care
whose difficulty of care has increased. The total group residential housing rate for these
residents must not exceed the maximum rate specified in subdivisions 1 and 1a. deleted text beginCountydeleted text end
Agencies must not include nor increase group residential housing difficulty of care rates
for adults in foster care whose difficulty of care is eligible for funding by home and
community-based waiver programs under title XIX of the Social Security Act.

(c) The room and board rates will be increased each year when the MSA equivalent
rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase,
less the amount of the increase in the medical assistance personal needs allowance under
section 256B.35.

(d) When a group residential housing rate is used to pay for an individual's room
and board, or other costs necessary to provide room and board, the rate payable to
the residence must continue for up to 18 calendar days per incident that the person is
temporarily absent from the residence, not to exceed 60 days in a calendar year, if the
absence or absences have received the prior approval of the county agency's social service
staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.

(e) For facilities meeting substantial change criteria within the prior year. Substantial
change criteria exists if the group residential housing establishment experiences a 25
percent increase or decrease in the total number of its beds, if the net cost of capital
additions or improvements is in excess of 15 percent of the current market value of the
residence, or if the residence physically moves, or changes its licensure, and incurs a
resulting increase in operation and property costs.

(f) Until June 30, 1994, deleted text begina countydeleted text endnew text begin annew text end agency may increase by up to five percent the
total rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33
to 256D.54 who reside in residences that are licensed by the commissioner of health as
a boarding care home, but are not certified for the purposes of the medical assistance
program. However, an increase under this clause must not exceed an amount equivalent to
65 percent of the 1991 medical assistance reimbursement rate for nursing home resident
class A, in the geographic grouping in which the facility is located, as established under
Minnesota Rules, parts 9549.0050 to 9549.0058.

new text begin (g) An agency may negotiate a difficulty of care rate approved by the commissioner
for an individual receiving a group residential housing payment or housing assistance
payment if necessary to provide housing for the individual due to the individual's
extraordinary emotional, behavioral, or physical health needs and if necessary to secure
housing for an individual transitioning into a more integrated setting.
new text end

Sec. 20.

Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:

Subd. 1g.

Supplementary service rate for certain facilities.

deleted text beginOn or after July 1,deleted text end
deleted text begin2005, a countydeleted text end new text beginAn new text endagency may negotiate a supplementary service rate for recipients of
assistance under section 256I.04, subdivision 1, paragraph new text begin(a) or new text end(b), who deleted text beginrelocate from a
homeless shelter licensed and registered prior to December 31, 1996, by the Minnesota
Department of Health under section 157.17, todeleted text end new text beginhave experienced long-term homelessness
and who live in new text enda supportive housing establishment deleted text begindeveloped and funded in whole or in
part with funds provided specifically as part of the plan to end long-term homelessness
required under Laws 2003, chapter 128, article 15, section 9, not to exceed $456.75deleted text endnew text begin under
section 256I.04, subdivision 2a, paragraph (b), clause (2)new text end.

Sec. 21.

Minnesota Statutes 2014, section 256I.05, is amended by adding a subdivision
to read:

new text begin Subd. 1p. new text end

new text begin Supplemental rate; relocation into an individual's own home.
new text end

new text begin Beginning February 1, 2017, an agency may negotiate a supplemental service rate in
addition to the rate specified in subdivision 1, not to exceed the rate authorized by
subdivision 1a, paragraph (a), for a provider authorized to provide supplemental services
under this chapter to serve individuals who are receiving housing assistance.
new text end

Sec. 22.

Minnesota Statutes 2014, section 256I.06, is amended to read:

256I.06 PAYMENT METHODS.

Subdivision 1.

Monthly payments.

Monthly payments made on an individual's
behalf for group residential housing must be issued as a voucher or vendor paymentnew text begin.
Monthly payments made on an individual's behalf for housing assistance must be issued as
a voucher or vendor payment unless the individual is receiving Supplemental Security
Income or Social Security Disability Insurance issued by the United States Social Security
Administrationnew text end.

Subd. 2.

Time of payment.

A county agency may make payments to a group
residence in advance for an individual whose stay in the group residence is expected
to last beyond the calendar month for which the payment is made deleted text beginand who does not
expect to receive countable earned income during the month for which the payment is
madedeleted text end. Group residential housing payments made by a county agency on behalf of an
individual who is not expected to remain in the group residence beyond the month for
which payment is made must be made subsequent to the individual's departure from the
group residence. deleted text beginGroup residential housing payments made by a county agency on behalf
of an individual with countable earned income must be made subsequent to receipt of a
monthly household report form.
deleted text end

Subd. 3.

Filing of application.

The county agency must immediately provide an
application form to any person requesting deleted text begingroup residential housingdeleted text endnew text begin payments under this
chapternew text end. Application deleted text beginfor group residential housingdeleted text end must be in writing on a form prescribed
by the commissioner. The county agency must determine an applicant's eligibility for
deleted text begingroup residential housingdeleted text endnew text begin payments under this chapternew text end as soon as the required verifications
are received by the county agency and within 30 days after a signed application is received
by the county agency for the aged or blind or within 60 days for the disabled.

Subd. 4.

Verification.

The county agency must request, and applicants and
recipients must provide and verify, all information necessary to determine initial and
continuing eligibility and deleted text begingroup residential housingdeleted text end payment amountsnew text begin under this chapternew text end.
If necessary, the county agency shall assist the applicant or recipient in obtaining
verifications. If the applicant or recipient refuses or fails without good cause to provide
the information or verification, the county agency shall deny or terminate eligibility for
deleted text begingroup residential housingdeleted text end paymentsnew text begin under this chapternew text end.

Subd. 5.

Redetermination of eligibility.

The eligibility of each recipient must be
redetermined at least once every 12 months.

Subd. 6.

Reports.

Recipients must report changes in circumstances that affect
eligibility or deleted text begingroup residential housingdeleted text end payment amountsnew text begin, other than changes in earned
income,new text end within ten days of the change. Recipients with countable earned income must
complete a deleted text beginmonthlydeleted text end household report formnew text begin at least once every six monthsnew text end. If the report
form is not received before the end of the month in which it is due, the county agency
must terminate eligibility for deleted text begingroup residential housingdeleted text end paymentsnew text begin under this chapternew text end.
The termination shall be effective on the first day of the month following the month in
which the report was due. If a complete report is received within the month eligibility
was terminated, the individual is considered to have continued an application for deleted text begingroup
residential housingdeleted text end paymentnew text begin under this chapternew text end effective the first day of the month the
eligibility was terminated.

Subd. 7.

Determination of rates.

The new text beginagency in the new text endcounty in which a deleted text begingroupdeleted text end
residence is located deleted text beginwilldeleted text endnew text begin shallnew text end determine the amount of group residential housing ratenew text begin or
supplementary service ratenew text end to be paid on behalf of an individual in the deleted text begingroupdeleted text end residence
regardless of the individual's deleted text begincountydeleted text endnew text begin agencynew text end of financial responsibility.

Subd. 8.

Amount of deleted text begingroup residential housingdeleted text end payment.

new text begin(a) new text endThe amount of
a group residential housing payment to be made on behalf of an eligible individual is
determined by subtracting the individual's countable income under section 256I.04,
subdivision 1, for a whole calendar month from the group residential housing charge for
that same month. The group residential housing charge is determined by multiplying the
group residential housing rate times the period of time the individual was a resident or
temporarily absent under section 256I.05, subdivision 1c, paragraph (d).

new text begin (b) The amount of housing assistance payment is determined by subtracting 40
percent of the individual's countable income for a whole calendar month from the
maximum United States Department of Housing and Urban Development fair market rent
for the individual's area of residence or the individual's actual housing costs, whichever
is lower. An individual living in a setting funded through a Minnesota Housing Finance
Agency multifamily award before July 1, 2015, shall use the MSA equivalent rate minus
the maximum allotment authorized by the federal Food Stamp Program according to
section 256I.03, subdivision 5, instead of the fair market rent.
new text end

new text begin (c) For an individual with earned income under paragraph (a) or (b), prospective
budgeting must be used to determine the amount of the individual's payment for the
following six-month period. An increase in income shall not affect an individual's
eligibility or payment amount until the month following the reporting month. A decrease
in income shall be effective the first day of the month after the month in which the
decrease is reported.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 8, paragraph (b), are effective February 1,
2017. Subdivisions 2, 6, and 8, paragraph (c), are effective April 1, 2016.
new text end

Sec. 23.

Minnesota Statutes 2014, section 256N.22, subdivision 9, is amended to read:

Subd. 9.

Death new text beginor incapacity new text endof relative custodian or deleted text begindissolutiondeleted text endnew text begin modification new text end
of custody.

The Northstar kinship assistance agreement ends upon death or deleted text begindissolutiondeleted text endnew text begin
incapacity of the relative custodian or modification new text end of new text beginthe order for new text endpermanent legal and
physical custody deleted text beginof both relative custodians in the case of assignment of custody to two
individuals, or the sole relative custodian in the case of assignment of custody to one
individualdeleted text endnew text begin in which legal or physical custody is removed from the relative custodiannew text end.
new text beginIn the case of a relative custodian's death or incapacity, new text endNorthstar kinship assistance
eligibility may be continued according to subdivision 10.

Sec. 24.

Minnesota Statutes 2014, section 256N.22, subdivision 10, is amended to read:

Subd. 10.

Assigning a new text beginsuccessor relative custodian for a new text endchild's Northstar
kinship assistance deleted text beginto a court-appointed guardian or custodiandeleted text end.

(a) deleted text beginNorthstar kinship
assistance may be continued with the written consent of the commissioner todeleted text endnew text begin In the event
of the death or incapacity of the relative custodian, eligibility for Northstar kinship
assistance and title IV-E assistance, if applicable, is not affected if the relative custodian
is replaced by a successor named in the Northstar kinship assistance benefit agreement.
Northstar kinship assistance shall be paid to a named successor who is not the child's legal
parent, biological parent or stepparent, or other adult living in the home of the legal parent,
biological parent, or stepparent.
new text end

new text begin (b) In order to receive Northstar kinship assistance, a named successor must:
new text end

new text begin (1) meet the background study requirements in subdivision 4;
new text end

new text begin (2) renegotiate the agreement consistent with section 256N.25, subdivision 2,
including cooperating with an assessment under section 256N.24;
new text end

new text begin (3) be ordered by the court to be the child's legal relative custodian in a modification
proceeding under section 260C.521, subdivision 2; and
new text end

new text begin (4) satisfy the requirements in this paragraph within one year of the relative
custodian's death or incapacity unless the commissioner certifies that the named successor
made reasonable attempts to satisfy the requirements within one year and failure to satisfy
the requirements was not the responsibility of the named successor.
new text end

new text begin (c) Payment of Northstar kinship assistance to the successor guardian may be
temporarily approved through the policies, procedures, requirements, and deadlines under
section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the
requirements in paragraph (b) are satisfied.
new text end

new text begin (d) Continued payment of Northstar kinship assistance may occur in the event of the
death or incapacity of the relative custodian when no successor has been named in the
benefit agreement when the commissioner gives written consent tonew text end an individual who is a
guardian or custodian appointed by a court for the child upon the death of both relative
custodians in the case of assignment of custody to two individuals, or the sole relative
custodian in the case of assignment of custody to one individual, unless the child is under
the custody of a county, tribal, or child-placing agency.

deleted text begin (b)deleted text endnew text begin (e)new text end Temporary assignment of Northstar kinship assistance may be approved
for a maximum of six consecutive months from the death new text beginor incapacity new text endof the relative
custodian or custodians as provided in paragraph (a) and must adhere to the policies deleted text beginanddeleted text endnew text begin,new text end
proceduresnew text begin, requirements, and deadlines under section 256N.28, subdivision 2, that arenew text end
prescribed by the commissioner. If a court has not appointed a permanent legal guardian
or custodian within six months, the Northstar kinship assistance must terminate and must
not be resumed.

deleted text begin (c)deleted text endnew text begin (f)new text end Upon assignment of assistance payments under deleted text beginthis subdivisiondeleted text endnew text begin paragraphs
(d) and (e)new text end, assistance must be provided from funds other than title IV-E.

Sec. 25.

Minnesota Statutes 2014, section 256N.24, subdivision 4, is amended to read:

Subd. 4.

Extraordinary levels.

(a) The assessment tool established under
subdivision 2 must provide a mechanism through which up to five levels can be added
to the supplemental difficulty of care for a particular child under section 256N.26,
subdivision 4. In establishing the assessment tool, the commissioner must design the tool
so that the levels applicable to the portions of the assessment other than the extraordinary
levels can accommodate the requirements of this subdivision.

(b) These extraordinary levels are available when all of the following circumstances
apply:

(1) the child has extraordinary needs as determined by the assessment tool provided
for under subdivision 2, and the child meets other requirements established by the
commissioner, such as a minimum score on the assessment tool;

(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for in the
home and community, and prevents residential placement;

(3) the child is physically living in a foster family setting, as defined in Minnesota
Rules, part 2960.3010, subpart 23, new text beginin a foster residence setting, new text endor physically living in the
home with the adoptive parent or relative custodian; and

(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children with
disabilities or other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that cannot be met
through home and community support waivers or other programs that are designed to
provide support for children with special needs.

(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:

(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;

(2) a summary of the extraordinary care and intense supervision that is provided by
the caregiver as part of the parental duties as described in the supplemental difficulty of
care rate, section 256N.02, subdivision 21;

(3) confirmation that the child is currently physically residing in the foster family
setting or in the home with the adoptive parent or relative custodian;

(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of
the services provided for the child's needs or disabilities, and the services that were denied
or not available from the local social service agency, community agency, the local school
district, local public health department, the parent, or child's medical insurance provider;

(5) the specific support gap identified that places the child's safety and well-being at
risk in the home or community and is necessary to prevent residential placement; and

(6) the extraordinary care and intense supervision provided by the foster, adoptive,
or guardianship caregivers to maintain the child safely in the child's home and prevent
residential placement that cannot be supported by medical assistance or other programs
that provide services, necessary care for children with disabilities, or other medical or
behavioral conditions in the home or community.

(d) An agency completing an assessment under subdivision 2 that suggests
an extraordinary level is appropriate must forward the assessment and required
documentation to the commissioner. If the commissioner approves, the extraordinary
levels must be retroactive to the date the assessment was forwarded.

Sec. 26.

Minnesota Statutes 2014, section 256N.25, subdivision 1, is amended to read:

Subdivision 1.

Agreement; Northstar kinship assistance; adoption assistance.

(a)
In order to receive Northstar kinship assistance or adoption assistance benefits on behalf
of an eligible child, a written, binding agreement between the caregiver or caregivers,
the financially responsible agency, or, if there is no financially responsible agency, the
agency designated by the commissioner, and the commissioner must be established prior
to finalization of the adoption or a transfer of permanent legal and physical custody. The
agreement must be negotiated with the caregiver or caregivers under subdivision 2new text begin and
renegotiated under subdivision 3, if applicablenew text end.

(b) The agreement must be on a form approved by the commissioner and must
specify the following:

(1) duration of the agreement;

(2) the nature and amount of any payment, services, and assistance to be provided
under such agreement;

(3) the child's eligibility for Medicaid services;

(4) the terms of the payment, including any child care portion as specified in section
256N.24, subdivision 3;

(5) eligibility for reimbursement of nonrecurring expenses associated with adopting
or obtaining permanent legal and physical custody of the child, to the extent that the
total cost does not exceed $2,000 per child;

(6) that the agreement must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents at any given time;

(7) provisions for modification of the terms of the agreement, including renegotiation
of the agreement; deleted text beginand
deleted text end

(8) the effective date of the agreementnew text begin; and
new text end

new text begin (9) the successor relative custodian or custodians for Northstar kinship assistance,
when applicable. The successor relative custodian or custodians may be added or changed
by mutual agreement under subdivision 3new text end.

(c) The caregivers, the commissioner, and the financially responsible agency, or, if
there is no financially responsible agency, the agency designated by the commissioner, must
sign the agreement. A copy of the signed agreement must be given to each party. Once
signed by all parties, the commissioner shall maintain the official record of the agreement.

(d) The effective date of the Northstar kinship assistance agreement must be the date
of the court order that transfers permanent legal and physical custody to the relative. The
effective date of the adoption assistance agreement is the date of the finalized adoption
decree.

(e) Termination or disruption of the preadoptive placement or the foster care
placement prior to assignment of custody makes the agreement with that caregiver void.

Sec. 27.

Minnesota Statutes 2014, section 256N.27, subdivision 2, is amended to read:

Subd. 2.

State share.

The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care foster care program under section 260C.4411, subdivision 1, the relative custody
assistance program under section 257.85, and the pre-Northstar Care for Children adoption
assistance program under chapter 259A. deleted text beginThe commissioner may transfer funds into the
account if a deficit occurs.
deleted text end

Sec. 28.

Minnesota Statutes 2014, section 259A.75, is amended to read:

259A.75 REIMBURSEMENT OF CERTAIN AGENCY COSTS; PURCHASE
OF SERVICE CONTRACTSnew text begin AND TRIBAL CUSTOMARY ADOPTIONSnew text end.

Subdivision 1.

General information.

(a) Subject to the procedures required by
the commissioner and the provisions of this section, a Minnesota county deleted text beginor tribal social
services agencydeleted text end shall receive a reimbursement from the commissioner equal to 100 percent
of the reasonable and appropriate cost for contracted adoption placement services identified
for a specific child that are not reimbursed under other federal or state funding sources.

(b) The commissioner may spend up to $16,000 for each purchase of service
contract. Only one contract per child per adoptive placement is permitted. Funds
encumbered and obligated under the contract for the child remain available until the terms
of the contract are fulfilled or the contract is terminated.

(c) The commissioner shall set aside an amount not to exceed five percent of the
total amount of the fiscal year appropriation from the state for the adoption assistance
program to reimbursenew text begin a Minnesota county or tribal social servicesnew text end placing deleted text beginagenciesdeleted text endnew text begin agencynew text end
for child-specific adoption placement services. When adoption assistance payments for
children's needs exceed 95 percent of the total amount of the fiscal year appropriation from
the state for the adoption assistance program, the amount of reimbursement available to
placing agencies for adoption services is reduced correspondingly.

Subd. 2.

new text beginPurchase of service contract new text endchild eligibility criteria.

(a) A child who is
the subject of a purchase of service contract must:

(1) have the goal of adoption, which may include an adoption in accordance with
tribal law;

(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and

(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.

(b) A child under the guardianship of the commissioner must have an identified
adoptive parent and a fully executed adoption placement agreement according to section
260C.613, subdivision 1, paragraph (a).

Subd. 3.

Agency eligibility criteria.

(a) A Minnesota county deleted text beginor tribaldeleted text end social
services agency shall receive reimbursement for child-specific adoption placement
services for an eligible child that it purchases from a private adoption agency licensed in
Minnesota or any other state or tribal social services agency.

(b) Reimbursement for adoption services is available only for services provided
prior to the date of the adoption decree.

Subd. 4.

Application and eligibility determination.

(a) A county deleted text beginor tribaldeleted text end social
services agency may request reimbursement of costs for adoption placement services by
submitting a complete purchase of service application, according to the requirements and
procedures and on forms prescribed by the commissioner.

(b) The commissioner shall determine eligibility for reimbursement of adoption
placement services. If determined eligible, the commissioner of human services shall
sign the purchase of service agreement, making this a fully executed contract. No
reimbursement under this section shall be made to an agency for services provided prior to
the fully executed contract.

(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is
permitted. For siblings who are placed together, services shall be planned and provided to
best maximize efficiency of the contracted hours.

Subd. 5.

Reimbursement process.

(a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on a form
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed.

(b) The commissioner shall make the final determination whether or not the
requested reimbursement costs are reasonable and appropriate and if the services have
been completed according to the terms of the purchase of service agreement.

Subd. 6.

Retention of purchase of service records.

Agencies entering into
purchase of service contracts shall keep a copy of the agreements, service records, and all
applicable billing and invoicing according to the department's record retention schedule.
Agency records shall be provided upon request by the commissioner.

new text begin Subd. 7. new text end

new text begin Tribal customary adoptions. new text end

new text begin (a) The commissioner shall enter into
grant contracts with Minnesota tribal social services agencies to provide child-specific
recruitment and adoption placement services for Indian children under the jurisdiction
of tribal court.
new text end

new text begin (b) Children served under these grant contracts must meet the child eligibility
criteria in subdivision 2.
new text end

Sec. 29.

Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:

Subd. 27.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoptiondeleted text begin,deleted text endnew text begin; the legal parent, guardian, or custodian of the child's siblings;new text end or an
individual who is an important friend with whom the child has resided or had significant
contact. For an Indian child, relative includes members of the extended family as defined
by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1903.

Sec. 30.

Minnesota Statutes 2014, section 260C.007, subdivision 32, is amended to read:

Subd. 32.

Sibling.

"Sibling" means one of two or more individuals who have one or
both parents in common through blood, marriage, or adoptiondeleted text begin, includingdeleted text endnew text begin. This includesnew text end
siblings as defined by the child's tribal code or custom.new text begin Sibling also includes an individual
who would have been considered a sibling but for a termination of parental rights of one
or both parents, suspension of parental rights under tribal code, or other disruption of
parental rights such as the death of a parent.
new text end

Sec. 31.

Minnesota Statutes 2014, 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 deleted text begin16deleted text endnew text begin 14new text end or older, in addition to any administrative review
conducted by the agency, 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 deleted text begin(11)deleted text endnew text begin (12)new text end, 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 care.

(e) At the court review required under paragraph (d) for a child age deleted text begin16deleted text endnew text begin 14new text end or older,
the following procedures apply:

(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;

(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 adult; and

(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, new text begintribal enrollment identification card, new text endgreen 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.

(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.

Sec. 32.

Minnesota Statutes 2014, 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. new text beginWhen 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 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. As 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 in order 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 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 new text beginadoption as new text endthe permanency plan for the childdeleted text begin, including: (i)deleted text endnew text begin throughnew text end
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); deleted text beginand
deleted text end

deleted text begin (ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interests; deleted text end new text begin (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;
new text end

deleted text begin (7)deleted text endnew text begin (8)new text end efforts to ensure the child's educational stability while in foster care, including:

(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 stability; 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;

deleted text begin (8)deleted text endnew text begin (9)new text end 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;

deleted text begin (9)deleted text endnew text begin (10)new text end the efforts by the local 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, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will be 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
will be 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;

deleted text begin (10)deleted text endnew text begin (11)new text end 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;

deleted text begin (11)deleted text endnew text begin (12)new text end an independent living plan for a child age deleted text begin16deleted text endnew text begin 14new text end or older. 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 agency to ensure that
the youth annually receives, at no cost to the youth, 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; deleted text beginand
deleted text end

(vii) establishing and maintaining connections with the child's family and
community; and

new text begin (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; and
new text end

deleted text begin (12)deleted text endnew text begin (13)new text end 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 outcomes.

(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. 33.

Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision to read:

new text begin Subd. 13. new text end

new text begin Protecting missing and runaway children and youth at risk of sex
trafficking. new text end

new text begin (a) The local social services agency shall expeditiously locate any child
missing from foster care.
new text end

new text begin (b) The local social services agency shall report immediately, but no later than
24 hours, after receiving information on a missing or abducted child to the local law
enforcement agency for entry into the National Crime Information Center (NCIC)
database of the Federal Bureau of Investigation, and to the National Center for Missing
and Exploited Children.
new text end

new text begin (c) The local social services agency shall not discharge a child from foster care or
close the social services case until diligent efforts have been exhausted to locate the child
and the court terminates the agency's jurisdiction.
new text end

new text begin (d) The local social services agency shall determine the primary factors that
contributed to the child's running away or otherwise being absent from care and, to
the extent possible and appropriate, respond to those factors in current and subsequent
placements.
new text end

new text begin (e) The local social services agency shall determine what the child experienced
while absent from care, including screening the child to determine if the child is a possible
sex trafficking victim as defined in section 609.321, subdivision 7b.
new text end

new text begin (f) The local social services agency shall report immediately, but no later than 24
hours, to the local law enforcement agency any reasonable cause to believe a child is, or is
at risk of being, a sex trafficking victim.
new text end

new text begin (g) The local social services agency shall determine appropriate services as described
in section 145.4717 with respect to any child for whom the local social services agency has
responsibility for placement, care, or supervision when the local social services agency
has reasonable cause to believe the child is, or is at risk of being, a sex trafficking victim.
new text end

Sec. 34.

Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Support age-appropriate and developmentally appropriate activities
for foster children. new text end

new text begin Responsible social services agencies and child-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. 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. Reasonable and prudent parenting standards
are characterized by careful and sensible parenting decisions that maintain the child's
health and safety, and are made in the child's best interest.
new text end

Sec. 35.

Minnesota Statutes 2014, section 260C.221, is amended to read:

260C.221 RELATIVE SEARCH.

(a) The responsible social services agency shall exercise due diligence to identify
and notify adult relatives prior to placement or within 30 days after the child's removal
from the parent. The county agency shall consider placement with a relative under this
section without delay and whenever the child must move from or be returned to foster
care. The relative search required by this section shall be comprehensive in scope. After a
finding that the agency has made reasonable efforts to conduct the relative search under
this paragraph, the agency has the continuing responsibility to appropriately involve
relatives, who have responded to the notice required under this paragraph, in planning
for the child and to continue to consider relatives according to the requirements of
section 260C.212, subdivision 2. At any time during the course of juvenile protection
proceedings, the court may order the agency to reopen its search for relatives when it is in
the child's best interest to do so.

new text begin (b)new text end The relative search required by this section shall include both maternal deleted text beginrelativesdeleted text end
and paternal new text beginadult new text endrelatives of the childnew text begin; all adult grandparents; all legal parents, guardians
or custodians; the child's siblings; and any other adult relatives suggested by the child's
parents, subject to the exceptions due to family violence in paragraph (c)new text end. The search shall
also include getting information from the child in an age-appropriate manner about who
the child considers to be family members and important friends with whom the child has
resided or had significant contact. The relative search required under this section must
fulfill the agency's duties under the Indian Child Welfare Act regarding active efforts
to prevent the breakup of the Indian family under United States Code, title 25, section
1912(d), and to meet placement preferences under United States Code, title 25, section
1915. The relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement for the
child;

(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court forfeits the right to receive notice of the
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204. A decision by a relative not to be identified as a potential permanent
placement resource or participate in planning for the child at the beginning of the case
shall not affect whether the relative is considered for placement of the child with that
relative later;

(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the notice
sent under this subdivision. "Participate in the care and planning" includes, but is not
limited to, participation in case planning for the parent and child, identifying the strengths
and needs of the parent and child, supervising visits, providing respite and vacation visits
for the child, providing transportation to appointments, suggesting other relatives who
might be able to help support the case plan, and to the extent possible, helping to maintain
the child's familiar and regular activities and contact with friends and relatives;

(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present a
safety or health risk to the child in the home under section 245A.04 and supports that are
available for relatives and children who reside in a family foster home; and

(5) of the relatives' right to ask to be notified of any court proceedings regarding
the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
court as required under section 260C.152, subdivision 5.

deleted text begin (b)deleted text endnew text begin (c)new text end A responsible social services agency may disclose private data, as defined
in sections 13.02 and 626.556, to relatives of the child for the purpose of locating and
assessing a suitable placement and may use any reasonable means of identifying and
locating relatives including the Internet or other electronic means of conducting a search.
The agency shall disclose data that is necessary to facilitate possible placement with
relatives and to ensure that the relative is informed of the needs of the child so the
relative can participate in planning for the child and be supportive of services to the child
and family. If the child's parent refuses to give the responsible social services agency
information sufficient to identify the maternal and paternal relatives of the child, the
agency shall ask the juvenile court to order the parent to provide the necessary information.
If a parent makes an explicit request that a specific relative not be contacted or considered
for placement due to safety reasons including past family or domestic violence, the agency
shall bring the parent's request to the attention of the court to determine whether the
parent's request is consistent with the best interests of the child and the agency shall not
contact the specific relative when the juvenile court finds that contacting the specific
relative would endanger the parent, guardian, child, sibling, or any family member.

deleted text begin (c)deleted text endnew text begin (d)new text end At a regularly scheduled hearing not later than three months after the child's
placement in foster care and as required in section 260C.202, the agency shall report to
the court:

(1) its efforts to identify maternal and paternal relatives of the child and to engage
the relatives in providing support for the child and family, and document that the relatives
have been provided the notice required under paragraph (a); and

(2) its decision regarding placing the child with a relative as required under section
260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in
order to support family connections for the child, when placement with a relative is not
possible or appropriate.

deleted text begin (d)deleted text endnew text begin (e)new text end Notwithstanding chapter 13, the agency shall disclose data about particular
relatives identified, searched for, and contacted for the purposes of the court's review of
the agency's due diligence.

deleted text begin (e)deleted text endnew text begin (f)new text end When the court is satisfied that the agency has exercised due diligence to
identify relatives and provide the notice required in paragraph (a), the court may find that
reasonable efforts have been made to conduct a relative search to identify and provide
notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
court is not satisfied that the agency has exercised due diligence to identify relatives and
provide the notice required in paragraph (a), the court may order the agency to continue its
search and notice efforts and to report back to the court.

deleted text begin (f)deleted text endnew text begin (g)new text end When the placing agency determines that permanent placement proceedings
are necessary because there is a likelihood that the child will not return to a parent's
care, the agency must send the notice provided in paragraph deleted text begin(g)deleted text endnew text begin (h)new text end, may ask the court to
modify the duty of the agency to send the notice required in paragraph deleted text begin(g)deleted text endnew text begin (h)new text end, or may
ask the court to completely relieve the agency of the requirements of paragraph deleted text begin(g)deleted text endnew text begin (h)new text end.
The relative notification requirements of paragraph deleted text begin(g)deleted text endnew text begin (h)new text end do not apply when the child is
placed with an appropriate relative or a foster home that has committed to adopting the
child or taking permanent legal and physical custody of the child and the agency approves
of that foster home for permanent placement of the child. The actions ordered by the
court under this section must be consistent with the best interests, safety, permanency,
and welfare of the child.

deleted text begin (g)deleted text endnew text begin (h)new text end Unless required under the Indian Child Welfare Act or relieved of this duty
by the court under paragraph deleted text begin(e)deleted text endnew text begin (f)new text end, when the agency determines that it is necessary to
prepare for permanent placement determination proceedings, or in anticipation of filing a
termination of parental rights petition, the agency shall send notice to the relatives, any
adult with whom the child is currently residing, any adult with whom the child has resided
for one year or longer in the past, and any adults who have maintained a relationship or
exercised visitation with the child as identified in the agency case plan. The notice must
state that a permanent home is sought for the child and that the individuals receiving the
notice may indicate to the agency their interest in providing a permanent home. The notice
must state that within 30 days of receipt of the notice an individual receiving the notice must
indicate to the agency the individual's interest in providing a permanent home for the child
or that the individual may lose the opportunity to be considered for a permanent placement.

Sec. 36.

Minnesota Statutes 2014, section 260C.331, subdivision 1, is amended to read:

Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights
are terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use the
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
256B.35, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, Supplemental Security Income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible social services
agency shall require, reimbursement from the child for the cost of care, examination, or
treatment from the income and resources attributable to the child less the clothing and
personal needs allowance. Income does not include earnings from a child over the age of
18 who is working as part of a plan under section 260C.212, subdivision 1, paragraph (c),
clause deleted text begin(11)deleted text endnew text begin (12)new text end, to transition from foster care, or the income and resources from sources
other than Supplemental Security Income and child support that are needed to complete
the requirements listed in section 260C.203.

(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall inquire
into the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of
the child. When determining the amount to be contributed by the parents, the court shall
use a fee schedule based upon ability to pay that is established by the responsible social
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.

(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld under
chapter 518A from the income of the parents or the custodian of the child. A parent or
custodian who fails to pay without good reason may be proceeded against for contempt, or
the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.

(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of other
medically necessary services.

(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the
child is not required to use income and resources attributable to the child to reimburse
the county for costs of care and is not required to contribute to the cost of care of the
child during any period of time when the child is returned to the home of that parent,
custodian, or guardian pursuant to a trial home visit under section 260C.201, subdivision
1, paragraph (a).

Sec. 37.

Minnesota Statutes 2014, section 260C.451, subdivision 2, is amended to read:

Subd. 2.

Independent living plan.

Upon the request of any child in foster care
immediately prior to the child's 18th birthday and who is in foster care at the time
of the request, the responsible social services agency shall, in conjunction with the
child and other appropriate parties, update the independent living plan required under
section 260C.212, subdivision 1, paragraph (c), clause deleted text begin(11)deleted text endnew text begin (12)new text end, related to the child's
employment, vocational, educational, social, or maturational needs. The agency shall
provide continued services and foster care for the child including those services that are
necessary to implement the independent living plan.

Sec. 38.

Minnesota Statutes 2014, section 260C.451, subdivision 6, is amended to read:

Subd. 6.

Reentering foster care and accessing services after age 18.

(a)
Upon request of an individual between the ages of 18 and 21 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 deleted text begin(b)deleted text endnew text begin (c)new text end, clause deleted text begin(11)deleted text endnew text begin (12)new text end, 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 agency shall provide foster care as required to implement the plan. The
agency 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 age 18 and are between the ages of 18 and 21 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 agency shall enter into a voluntary placement agreement with the individual
if the plan includes foster care.

(d) Youth who left foster care while under guardianship of the commissioner of
human services retain eligibility for foster care for placement at any time between the
ages of 18 and 21.

Sec. 39.

Minnesota Statutes 2014, section 260C.515, subdivision 5, is amended to read:

Subd. 5.

Permanent custody to agency.

The court may order permanent custody to
the responsible social services agency for continued placement of the child in foster care
but only if it approves the responsible social services agency's compelling reasons that no
other permanency disposition order is in the child's best interests and:

(1) the child has reached age deleted text begin12deleted text endnew text begin 16, and has been asked about the child's desired
permanency outcomenew text end;

(2) the child is a sibling of a child described in clause (1) and the siblings have a
significant positive relationship and are ordered into the same foster home;

(3) the responsible social services agency has made reasonable efforts to locate and
place the child with an adoptive family or a fit and willing relative who would either agree
to adopt the child or to a transfer of permanent legal and physical custody of the child, but
these efforts have not proven successful; and

(4) the parent will continue to have visitation or contact with the child and will
remain involved in planning for the child.

Sec. 40.

Minnesota Statutes 2014, 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 order 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 and
that no other permanency disposition order is in the best interests of the child;

(2) that the agency is assisting the child to build connections to the child's family
and community; and

(3) that the agency 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 independent living that may occur if the child continues in foster care without
another permanency disposition order.

(c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the agency to finalize an alternative permanent plan for the child including the
agency's efforts to:

(1) ensure that permanent custody to the agency 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 or, 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;

(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 agency has made reasonable efforts to finalize the
permanent plan for the child when:

(1) the agency 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; deleted text beginand
deleted text end

new text begin (2) the child has been asked about the child's desired permanency outcome; and
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end the agency's engagement of the child in planning for independent living is
reasonable and appropriate.

Sec. 41.

Minnesota Statutes 2014, section 260C.521, subdivision 2, is amended to read:

Subd. 2.

Modifying order for permanent legal and physical custody to a
relative.

new text begin(a) new text endAn order for a relative to have permanent legal and physical custody of a
child may be modified using standards under sections 518.18 and 518.185.

new text begin (b) When a child is receiving Northstar kinship assistance under chapter 256N, if
a relative named as permanent legal and physical custodian in an order made under this
chapter becomes incapacitated or dies, a successor custodian named in the Northstar
Care for Children kinship assistance benefit agreement under section 256N.25 may file
a request to modify the order for permanent legal and physical custody to name the
successor custodian as the permanent legal and physical custodian of the child. The court
may modify the order to name the successor custodian as the permanent legal and physical
custodian upon reviewing the background study required under section 245C.33 if the
court finds the modification is in the child's best interests.
new text end

new text begin (c)new text end The social services agency is a party to the proceeding and must receive notice.

Sec. 42.

Minnesota Statutes 2014, section 260C.607, subdivision 4, is amended to read:

Subd. 4.

Content of review.

(a) The court shall review:

(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption
for the child as appropriate to the stage of the case; and

(2) the child's current out-of-home placement plan required under section 260C.212,
subdivision 1, to ensure the child is receiving all services and supports required to meet
the child's needs as they relate to the child's:

(i) placement;

(ii) visitation and contact with siblings;

(iii) visitation and contact with relatives;

(iv) medical, mental, and dental health; and

(v) education.

(b) When the child is age deleted text begin16deleted text endnew text begin 14new text end and older, and as long as the child continues in foster
care, the court shall also review the agency's planning for the child's independent living
after leaving foster care including how the agency is meeting the requirements of section
260C.212, subdivision 1, paragraph (c), clause deleted text begin(11)deleted text endnew text begin (12)new text end. The court shall use the review
requirements of section 260C.203 in any review conducted under this paragraph.

Sec. 43.

Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:

Subd. 2.

Methods.

Determination of potential income must be made according
to one of three methods, as appropriate:

(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;

(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or

(3) the amount of income a parent could earn working deleted text beginfull timedeleted text endnew text begin 30 hours per weeknew text end at
deleted text begin150deleted text endnew text begin 100new text end percent of the current federal or state minimum wage, whichever is higher.

Sec. 44.

Minnesota Statutes 2014, section 518A.39, subdivision 1, is amended to read:

Subdivision 1.

Authority.

After an order under this chapter or chapter 518 for
maintenance or support money, temporary or permanent, or for the appointment of trustees
to receive property awarded as maintenance or support money, the court may from time to
time, on motion of either of the parties, a copy of which is served on the public authority
responsible for child support enforcement if payments are made through it, or on motion
of the public authority responsible for support enforcement, modify the order respecting
the amount of maintenance or support moneynew text begin or medical supportnew text end, and the payment of it,
and also respecting the appropriation and payment of the principal and income of property
held in trust, and may make an order respecting these matters which it might have made
in the original proceeding, except as herein otherwise provided. A party or the public
authority also may bring a motion for contempt of court if the obligor is in arrears in
support or maintenance payments.

new text begin EFFECTIVE DATE. new text end

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

Sec. 45.

Minnesota Statutes 2014, section 518A.39, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Medical support-only modification. new text end

new text begin (a) The medical support terms of
a support order and determination of the child dependency tax credit may be modified
without modification of the full order for support or maintenance, if the order has been
established or modified in its entirety within three years from the date of the motion, and
upon a showing of one or more of the following:
new text end

new text begin (1) a change in the availability of appropriate health care coverage or a substantial
increase or decrease in health care coverage costs;
new text end

new text begin (2) a change in the eligibility for medical assistance under chapter 256B;
new text end

new text begin (3) a party's failure to carry court-ordered coverage, or to provide other medical
support as ordered;
new text end

new text begin (4) the federal child dependency tax credit is not ordered for the same parent who is
ordered to carry health care coverage; or
new text end

new text begin (5) the federal child dependency tax credit is not addressed in the order and the
noncustodial parent is ordered to carry health care coverage.
new text end

new text begin (b) For a motion brought under this subdivision, a modification of the medical
support terms of an order may be made retroactive only with respect to any period during
which the petitioning party has pending a motion for modification, but only from the date
of service of notice of the motion on the responding party and on the public authority if
public assistance is being furnished or the county attorney is the attorney of record.
new text end

new text begin (c) The court need not hold an evidentiary hearing on a motion brought under this
subdivision for modification of medical support only.
new text end

new text begin (d) Sections 518.14 and 518A.735 shall govern the award of attorney fees for
motions brought under this subdivision.
new text end

new text begin (e) The PICS originally stated in the order being modified shall be used to determine
the modified medical support order under section 518A.41 for motions brought under
this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 46.

Minnesota Statutes 2014, section 518A.41, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

The definitions in this subdivision apply to this chapter
and chapter 518.

(a) "Health care coverage" means medical, dental, or other health care benefits that
are provided by one or more health plans. Health care coverage does not include any
form of public coverage.

(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision
2, and 62L.02, subdivision 16.

(c) "Health plan" means a plan, other than any form of public coverage, that provides
medical, dental, or other health care benefits and is:

(1) provided on an individual or group basis;

(2) provided by an employer or union;

(3) purchased in the private market; or

(4) available to a person eligible to carry insurance for the joint child, including a
party's spouse or parent.

Health plan includes, but is not limited to, a plan meeting the definition under section
62A.011, subdivision 3, except that the exclusion of coverage designed solely to provide
dental or vision care under section 62A.011, subdivision 3, clause (6), does not apply to
the definition of health plan under this section; a group health plan governed under the
federal Employee Retirement Income Security Act of 1974 (ERISA); a self-insured plan
under sections 43A.23 to 43A.317 and 471.617; and a policy, contract, or certificate issued
by a community-integrated service network licensed under chapter 62N.

(d) "Medical support" means providing health care coverage for a joint child by
carrying health care coverage for the joint child or by contributing to the cost of health
care coverage, public coverage, unreimbursed medical expenses, and uninsured medical
expenses of the joint child.

(e) "National medical support notice" means an administrative notice issued by the
public authority to enforce health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in cases where the public
authority provides support enforcement services.

(f) "Public coverage" means health care benefits provided by any form of medical
assistance under chapter 256B deleted text beginor MinnesotaCare under chapter 256Ldeleted text end.new text begin Public coverage
does not include MinnesotaCare or health plans subsidized by federal premium tax credits
or federal cost-sharing reductions.
new text end

(g) "Uninsured medical expenses" means a joint child's reasonable and necessary
health-related expenses if the joint child is not covered by a health plan or public coverage
when the expenses are incurred.

(h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary
health-related expenses if a joint child is covered by a health plan or public coverage and
the plan or coverage does not pay for the total cost of the expenses when the expenses
are incurred. Unreimbursed medical expenses do not include the cost of premiums.
Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments,
and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
over-the-counter medications if coverage is under a health plan.

Sec. 47.

Minnesota Statutes 2014, section 518A.41, subdivision 3, is amended to read:

Subd. 3.

Determining appropriate health care coverage.

In determining whether
a parent has appropriate health care coverage for the joint child, the court must consider
the following factors:

(1) comprehensiveness of health care coverage providing medical benefits.
Dependent health care coverage providing medical benefits is presumed comprehensive if
it includes medical and hospital coverage and provides for preventive, emergency, acute,
and chronic carenew text begin; or if it meets the minimum essential coverage definition in United
States Code, title 26, section 500A(f)new text end. If both parents have health care coverage providing
medical benefits that is presumed comprehensive under this paragraph, the court must
determine which parent's coverage is more comprehensive by considering what other
benefits are included in the coverage;

(2) accessibility. Dependent health care coverage is accessible if the covered joint
child can obtain services from a health plan provider with reasonable effort by the parent
with whom the joint child resides. Health care coverage is presumed accessible if:

(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's residence;

(ii) the health care coverage is available through an employer and the employee can
be expected to remain employed for a reasonable amount of time; and

(iii) no preexisting conditions exist to unduly delay enrollment in health care
coverage;

(3) the joint child's special medical needs, if any; and

(4) affordability. Dependent health care coverage is affordable if it is reasonable
in cost. If both parents have health care coverage available for a joint child that is
comparable with regard to comprehensiveness of medical benefits, accessibility, and the
joint child's special needs, the least costly health care coverage is presumed to be the most
appropriate health care coverage for the joint child.

Sec. 48.

Minnesota Statutes 2014, section 518A.41, subdivision 4, is amended to read:

Subd. 4.

Ordering health care coverage.

(a) If a joint child is presently enrolled
in health care coverage, the court must order that the parent who currently has the joint
child enrolled continue that enrollment unless the parties agree otherwise or a party
requests a change in coverage and the court determines that other health care coverage is
more appropriate.

(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits
for the joint child.

(c) If only one parent has appropriate health care coverage providing medical
benefits available, the court must order that parent to carry the coverage for the joint child.

(d) If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
coverage for the joint child, unless:

(1) a party expresses a preference for health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;

(2) the parent with whom the joint child does not reside is already carrying
dependent health care coverage providing medical benefits for other children and the cost
of contributing to the premiums of the other parent's coverage would cause the parent with
whom the joint child does not reside extreme hardship; or

(3) the parties agree as to which parent will carry health care coverage providing
medical benefits and agree on the allocation of costs.

(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
determine which parent has the most appropriate coverage providing medical benefits
available and order that parent to carry coverage for the joint child.

(f) If neither parent has appropriate health care coverage available, the court must
order the parents to:

(1) contribute toward the actual health care costs of the joint children based on
a pro rata share; or

(2) if the joint child is receiving any form of public coverage, the parent with whom
the joint child does not reside shall contribute a monthly amount toward the actual cost of
public coverage. The amount of the noncustodial parent's contribution is determined by
applying the noncustodial parent's PICS to the premium deleted text beginschedule for public coveragedeleted text endnew text begin scale
for MinnesotaCare under section 256L.15, subdivision 2, paragraph (c)new text end. If the noncustodial
parent's PICS meets the eligibility requirements for deleted text beginpublic coveragedeleted text endnew text begin MinnesotaCarenew text end, the
contribution is the amount the noncustodial parent would pay for the child's premium. If
the noncustodial parent's PICS exceeds the eligibility requirements deleted text beginfor public coveragedeleted text end, the
contribution is the amount of the premium for the highest eligible income on the deleted text beginappropriatedeleted text end
premium deleted text beginschedule for public coveragedeleted text endnew text begin scale for MinnesotaCare under section 256L.15,
subdivision 2, paragraph (c)new text end. For purposes of determining the premium amount, the
noncustodial parent's household size is equal to one parent plus the child or children who
are the subject of the child support order. The custodial parent's obligation is determined
under the requirements for public coverage as set forth in chapter 256B deleted text beginor 256L.deleted text endnew text begin; or
new text end

new text begin (3) if the noncustodial parent's PICS meet the eligibility requirement for public
coverage under chapter 256B or the noncustodial parent receives public assistance, the
noncustodial parent must not be ordered to contribute toward the cost of public coverage.
new text end

(g) If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for public coverage for the child.

(h) The commissioner of human services must publish a table with the premium
schedule for public coverage and update the chart for changes to the schedule by July
1 of each year.

(i) If a joint child is not presently enrolled in health care coverage providing dental
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate dental health care coverage for the joint child, and the
court may order a parent with appropriate dental health care coverage available to carry
the coverage for the joint child.

(j) If a joint child is not presently enrolled in available health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of a parent
or the public authority, the court may determine whether that other health care coverage
for the joint child is appropriate, and the court may order a parent with that appropriate
health care coverage available to carry the coverage for the joint child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015.
new text end

Sec. 49.

Minnesota Statutes 2014, section 518A.41, subdivision 14, is amended to read:

Subd. 14.

Child support enforcement services.

The public authority must take
necessary steps to establish deleted text beginand enforcedeleted text endnew text begin, enforce, and modifynew text end an order for medical support
if the joint child receives public assistance or a party completes an application for services
from the public authority under section 518A.51.

new text begin EFFECTIVE DATE. new text end

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

Sec. 50.

Minnesota Statutes 2014, section 518A.41, subdivision 15, is amended to read:

Subd. 15.

Enforcement.

(a) Remedies available for collecting and enforcing child
support apply to medical support.

(b) For the purpose of enforcement, the following are additional support:

(1) the costs of individual or group health or hospitalization coverage;

(2) dental coverage;

(3) medical costs ordered by the court to be paid by either party, including health
care coverage premiums paid by the obligee because of the obligor's failure to obtain
coverage as ordered; and

(4) liabilities established under this subdivision.

(c) A party who fails to carry court-ordered dependent health care coverage is liable
for the joint child's uninsured medical expenses unless a court order provides otherwise.
A party's failure to carry court-ordered coverage, or to provide other medical support as
ordered, is a basis for modification of deleted text beginadeleted text endnew text begin medicalnew text end support deleted text beginorderdeleted text end under section 518A.39,
subdivision deleted text begin2deleted text endnew text begin 8, unless it meets the presumption in section 518A.39, subdivision 2new text end.

(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.

new text begin EFFECTIVE DATE. new text end

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

Sec. 51.

Minnesota Statutes 2014, section 518A.46, subdivision 3, is amended to read:

Subd. 3.

Contents of pleadings.

(a) In cases involving establishment or
modification of a child support order, the initiating party shall include the following
information, if known, in the pleadings:

(1) names, addresses, and dates of birth of the parties;

(2) Social Security numbers of the parties and the minor children of the parties,
which information shall be considered private information and shall be available only to
the parties, the court, and the public authority;

(3) other support obligations of the obligor;

(4) names and addresses of the parties' employers;

(5) gross income of the parties as calculated in section 518A.29;

(6) amounts and sources of any other earnings and income of the parties;

(7) health insurance coverage of parties;

(8) types and amounts of public assistance received by the parties, including
Minnesota family investment plan, child care assistance, medical assistance,
deleted text beginMinnesotaCare,deleted text end title IV-E foster care, or other form of assistance as defined in section
256.741, subdivision 1; and

(9) any other information relevant to the computation of the child support obligation
under section 518A.34.

(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:

(1) information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;

(2) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;

(3) a statement of the types and amount of any public assistance, as defined in
section 256.741, subdivision 1, received by the parties; and

(4) any other information relevant to the determination of support that is known to
the public authority and that has not been otherwise provided by the parties.

The information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child care
reimbursement issues.

Sec. 52.

Minnesota Statutes 2014, section 518A.46, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Contents of pleadings for medical support modifications. new text end

new text begin (a) In cases
involving modification of only the medical support portion of a child support order
under section 518A.39, subdivision 8, the initiating party shall include the following
information, if known, in the pleadings:
new text end

new text begin (1) names, addresses, and dates of birth of the parties;
new text end

new text begin (2) Social Security numbers of the parties and the minor children of the parties,
which shall be considered private information and shall be available only to the parties,
the court, and the public authority;
new text end

new text begin (3) a copy of the full support order being modified;
new text end

new text begin (4) names and addresses of the parties' employers;
new text end

new text begin (5) gross income of the parties as stated in the order being modified;
new text end

new text begin (6) health insurance coverage of the parties; and
new text end

new text begin (7) any other information relevant to the determination of the medical support
obligation under section 518A.41.
new text end

new text begin (b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:
new text end

new text begin (1) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;
new text end

new text begin (2) a statement of the amount of medical assistance received by the parties; and
new text end

new text begin (3) any other information relevant to the determination of medical support that is
known to the public authority and that has not been otherwise provided by the parties.
new text end

new text begin The information must be filed with the court or child support magistrate at least five
days before the hearing on the motion to modify medical support.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 53.

Minnesota Statutes 2014, section 518A.51, is amended to read:

518A.51 FEES FOR IV-D SERVICES.

(a) When a recipient of IV-D services is no longer receiving assistance under the
state's title IV-A, IV-E foster care,new text begin ornew text end medical assistancedeleted text begin, or MinnesotaCaredeleted text end programs, the
public authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D services will be
continued unless the public authority is notified to the contrary by the recipient. The
notice must include the implications of continuing to receive IV-D services, including the
available services and fees, cost recovery fees, and distribution policies relating to fees.

deleted text begin (b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 and the diversionary work program under section
256J.95, persons who transfer from public assistance to nonpublic assistance status, and
minor parents and parents enrolled in a public secondary school, area learning center, or
alternative learning program approved by the commissioner of education.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end In the case of an individual who has never received assistance under a state
program funded under title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose an
annual federal collections fee of $25 for each case in which services are furnished. This
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.

deleted text begin (d)deleted text endnew text begin (c)new text end When the public authority provides full IV-D services to an obligee who
has applied for those services, upon written notice to the obligee, the public authority
must charge a cost recovery fee of two percent of the amount collected. This fee must
be deducted from the amount of the child support and maintenance collected and not
assigned under section 256.741 before disbursement to the obligee. This fee does not
apply to an obligee who:

(1) is currently receiving assistance under the state's title IV-A, IV-E foster care,new text begin ornew text end
medical assistancedeleted text begin, or MinnesotaCaredeleted text end programs; or

(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.

deleted text begin (e)deleted text endnew text begin (d)new text end When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of two percent of the monthly court-ordered child support and
maintenance obligation. The fee may be collected through income withholding, as well
as by any other enforcement remedy available to the public authority responsible for
child support enforcement.

deleted text begin (f)deleted text endnew text begin (e)new text end Fees assessed by state and federal tax agencies for collection of overdue
support owed to or on behalf of a person not receiving public assistance must be imposed
on the person for whom these services are provided. The public authority upon written
notice to the obligee shall assess a fee of $25 to the person not receiving public assistance
for each successful federal tax interception. The fee must be withheld prior to the release
of the funds received from each interception and deposited in the general fund.

deleted text begin (g)deleted text endnew text begin (f)new text end Federal collections fees collected under paragraph deleted text begin(c)deleted text endnew text begin (b)new text end and cost recovery
fees collected under paragraphsnew text begin (c) andnew text end (d) deleted text beginand (e)deleted text end retained by the commissioner of human
services shall be considered child support program income according to Code of Federal
Regulations, title 45, section 304.50, and shall be deposited in the special revenue fund
account established under paragraph deleted text begin(i)deleted text endnew text begin (h)new text end. The commissioner of human services must
elect to recover costs based on either actual or standardized costs.

deleted text begin (h)deleted text endnew text begin (g)new text end The limitations of this section on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving funds for the
programs under title IV-A and title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.

deleted text begin (i)deleted text endnew text begin (h)new text end The commissioner of human services is authorized to establish a special
revenue fund account to receive the federal collections fees collected under paragraph deleted text begin(c)deleted text endnew text begin
(b)new text end and cost recovery fees collected under paragraphsnew text begin (c) andnew text end (d) deleted text beginand (e)deleted text end.

deleted text begin (j)deleted text endnew text begin (i)new text end The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:

(1) one-half of the revenue must be transferred to the child support system special
revenue account to support the state's administration of the child support enforcement
program and its federally mandated automated system;

(2) an additional portion of the revenue must be transferred to the child support
system special revenue account for expenditures necessary to administer the fees; and

(3) the remaining portion of the revenue must be distributed to the counties to aid the
counties in funding their child support enforcement programs.

deleted text begin (k)deleted text endnew text begin (j)new text end The nonfederal share of the federal collections fees must be distributed to the
counties to aid them in funding their child support enforcement programs.

deleted text begin (l)deleted text endnew text begin (k)new text end The commissioner of human services shall distribute quarterly any of the
funds dedicated to the counties under paragraphsnew text begin (i) andnew text end (j) deleted text beginand (k)deleted text end using the methodology
specified in section 256.979, subdivision 11. The funds received by the counties must be
reinvested in the child support enforcement program and the counties must not reduce the
funding of their child support programs by the amount of the funding distributed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016, except that the
amendments striking MinnesotaCare are effective July 1, 2015.
new text end

Sec. 54.

Minnesota Statutes 2014, section 518A.53, subdivision 4, is amended to read:

Subd. 4.

Collection services.

(a) The commissioner of human services shall prepare
and make available to the courts a notice of services that explains child support and
maintenance collection services available through the public authority, including income
withholding, and the fees for such services. Upon receiving a petition for dissolution of
marriage or legal separation, the court administrator shall promptly send the notice of
services to the petitioner and respondent at the addresses stated in the petition.

(b) Either the obligee or obligor may at any time apply to the public authority for
either full IV-D services or for income withholding only services.

(c) For those persons applying for income withholding only services, a monthly
service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
the support order and shall be withheld through income withholding. The public authority
shall explain the service options in this section to the affected parties and encourage the
application for full child support collection services.

(d) If the obligee is not a current recipient of public assistance as defined in section
256.741, the person who applied for services may at any time choose to terminate either
full IV-D services or income withholding only services regardless of whether income
withholding is currently in place. The obligee or obligor may reapply for either full IV-D
services or income withholding only services at any time. deleted text beginUnless the applicant is a
recipient of public assistance as defined in section 256.741, a $25 application fee shall be
charged at the time of each application.
deleted text end

(e) When a person terminates IV-D services, if an arrearage for public assistance as
defined in section 256.741 exists, the public authority may continue income withholding,
as well as use any other enforcement remedy for the collection of child support, until all
public assistance arrears are paid in full. Income withholding shall be in an amount equal
to 20 percent of the support order in effect at the time the services terminated.

new text begin EFFECTIVE DATE. new text end

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

Sec. 55.

Minnesota Statutes 2014, section 518C.802, is amended to read:

518C.802 CONDITIONS OF RENDITION.

(a) Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of an obligee,
the governor of this state may require a prosecutor of this state to demonstrate that at least
60 days previously the obligee had initiated proceedings for support pursuant to this
chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, deleted text beginthe Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement
of Support Act,deleted text end the governor of another state makes a demand that the governor of
this state surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of support is owed,
the governor may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the governor may delay honoring
the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner prevails
and the individual whose rendition is demanded is subject to a support order, the governor
may decline to honor the demand if the individual is complying with the support order.

Sec. 56.

Laws 2014, chapter 189, section 5, is amended to read:

Sec. 5.

Minnesota Statutes 2012, section 518C.201, is amended to read:

518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.

(a) In a proceeding to establishdeleted text begin,deleted text endnew text begin ornew text end enforcedeleted text begin, or modifydeleted text end a support order or to determine
parentage of a child, a tribunal of this state may exercise personal jurisdiction over a
nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with a summons or comparable document
within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a
general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support
for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;

(7) the individual asserted parentage of a child under sections 257.51 to 257.75; or

(8) there is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state
may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child
support order of another state unless the requirements of section 518C.611 are met, or, in
the case of a foreign support order, unless the requirements of section 518C.615 are met.

Sec. 57.

Laws 2014, chapter 189, section 10, is amended to read:

Sec. 10.

Minnesota Statutes 2012, section 518C.206, is amended to read:

518C.206 deleted text beginENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
BY TRIBUNAL HAVINGdeleted text end CONTINUING JURISDICTIONnew text begin TO ENFORCE CHILD
SUPPORT ORDERnew text end.

(a) A tribunal of this state that has issued a child support order consistent with the
law of this state may serve as an initiating tribunal to request a tribunal of another state
to enforce:

(1) the order if the order is the controlling order and has not been modified by
a tribunal of another state that assumed jurisdiction pursuant to deleted text beginthis chapter or a law
substantially similar to this chapterdeleted text endnew text begin the Uniform Interstate Family Support Actnew text end; or

(2) a money judgment for arrears of support and interest on the order accrued before
a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this state having continuingdeleted text begin, exclusivedeleted text end jurisdiction over a support
order may act as a responding tribunal to enforce the order.

Sec. 58.

Laws 2014, chapter 189, section 11, is amended to read:

Sec. 11.

Minnesota Statutes 2012, section 518C.207, is amended to read:

518C.207 deleted text beginRECOGNITIONdeleted text endnew text begin DETERMINATIONnew text end OF CONTROLLING CHILD
SUPPORT ORDER.

(a) If a proceeding is brought under this chapter and only one tribunal has issued a
child support order, the order of that tribunal deleted text beginis controllingdeleted text endnew text begin controlsnew text end and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support
orders have been issued by tribunals of this state, another state, or a foreign country with
regard to the same obligor and child, a tribunal of this state having personal jurisdiction
over both the obligor and the individual obligee shall apply the following rules and by
order shall determine which order controls and must be recognized:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the order of that tribunal deleted text beginis controllingdeleted text endnew text begin controlsnew text end.

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter:

(i) an order issued by a tribunal in the current home state of the child controls; or

(ii) if an order has not been issued in the current home state of the child, the order
most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state shall issue a child support order, which controls.

(c) If two or more child support orders have been issued for the same obligor and
child, upon request of a party who is an individual or that is a support enforcement agency,
a tribunal of this state having personal jurisdiction over both the obligor and the obligee
who is an individual shall determine which order controls under paragraph (b). The
request may be filed with a registration for enforcement or registration for modification
pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied
by a copy of every child support order in effect and the applicable record of payments.
The requesting party shall give notice of the request to each party whose rights may
be affected by the determination.

(e) The tribunal that issued the controlling order under paragraph (a), (b), or (c) has
continuing jurisdiction to the extent provided in section 518C.205, or 518C.206.

(f) A tribunal of this state which determines by order which is the controlling order
under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling
child support order under paragraph (b), clause (3), shall state in that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if any, under all of
the orders after all payments made are credited as provided by section 518C.209.

(g) Within 30 days after issuance of the order determining which is the controlling
order, the party obtaining that order shall file a certified copy of it with each tribunal that
issued or registered an earlier order of child support. A party or support enforcement
agency obtaining the order that fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must be
recognized in proceedings under this chapter.

Sec. 59.

Laws 2014, chapter 189, section 16, is amended to read:

Sec. 16.

Minnesota Statutes 2012, section 518C.301, is amended to read:

518C.301 PROCEEDINGS UNDER THIS CHAPTER.

(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319
apply to all proceedings under this chapter.

deleted text begin (b) This chapter provides for the following proceedings:
deleted text end

deleted text begin (1) establishment of an order for spousal support or child support pursuant to
section 518C.401;
deleted text end

deleted text begin (2) enforcement of a support order and income-withholding order of another state or
a foreign country without registration pursuant to sections 518C.501 and 518C.502;
deleted text end

deleted text begin (3) registration of an order for spousal support or child support of another state or a
foreign country for enforcement pursuant to sections 518C.601 to 518C.612;
deleted text end

deleted text begin (4) modification of an order for child support or spousal support issued by a tribunal
of this state pursuant to sections 518C.203 to 518C.206;
deleted text end

deleted text begin (5) registration of an order for child support of another state or a foreign country for
modification pursuant to sections 518C.601 to 518C.612;
deleted text end

deleted text begin (6) determination of parentage of a child pursuant to section 518C.701; and
deleted text end

deleted text begin (7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and
518C.202.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end An individual petitioner or a support enforcement agency may commence
a proceeding authorized under this chapter by filing a petition in an initiating tribunal
for forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state or a foreign country which has or can obtain personal
jurisdiction over the respondent.

Sec. 60.

Laws 2014, chapter 189, section 17, is amended to read:

Sec. 17.

Minnesota Statutes 2012, section 518C.303, is amended to read:

518C.303 APPLICATION OF LAW OF THIS STATE.

Except as otherwise provided by this chapter, a responding tribunal of this state shall:

(1) apply the procedural and substantive lawdeleted text begin, including the rules on choice of law,deleted text end
generally applicable to similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings; and

(2) determine the duty of support and the amount payable in accordance with the
law and support guidelines of this state.

Sec. 61.

Laws 2014, chapter 189, section 18, is amended to read:

Sec. 18.

Minnesota Statutes 2012, section 518C.304, is amended to read:

518C.304 DUTIES OF INITIATING TRIBUNAL.

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of
this state shall forward the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this state shall issue a
certificate or other documents and make findings required by the law of the responding
state. If the responding tribunal is in a foreign country, new text beginupon request new text endthe tribunal of this
state shall specify the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under applicable official or market exchange rate as
publicly reported, and provide other documents necessary to satisfy the requirements of
the responding foreign tribunal.

Sec. 62.

Laws 2014, chapter 189, section 19, is amended to read:

Sec. 19.

Minnesota Statutes 2012, section 518C.305, is amended to read:

518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.

(a) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph deleted text begin(c)deleted text endnew text begin
(b)new text end, it shall cause the petition or pleading to be filed and notify the petitioner where and
when it was filed.

(b) A responding tribunal of this state, to the extent deleted text beginotherwise authorized bydeleted text endnew text begin not
prohibited by othernew text end law, may do one or more of the following:

(1) establish or enforce a support order, modify a child support order, determine the
controlling child support order, or to determine parentage of a child;

(2) order an obligor to comply with a support order, specifying the amount and
the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential
address, electronic mail address, telephone number, employer, address of employment,
and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and state
computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under
this chapter, or in the documents accompanying the order, the calculations on which
the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support
order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order to the petitioner and the respondent and to the
initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.

Sec. 63.

Laws 2014, chapter 189, section 23, is amended to read:

Sec. 23.

Minnesota Statutes 2012, section 518C.310, is amended to read:

518C.310 DUTIES OF STATE INFORMATION AGENCY.

(a) The unit within the Department of Human Services that receives and disseminates
incoming interstate actions under title IV-D of the Social Security Act is the State
Information Agency under this chapter.

(b) The State Information Agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of new text beginnames and addresses of new text endtribunals and support enforcement
agencies received from other states;

(3) forward to the appropriate tribunal in the place in this state in which the
individual obligee or the obligor resides, or in which the obligor's property is believed
to be located, all documents concerning a proceeding under this chapter received from
another state or a foreign country; and

(4) obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental records, including, to
the extent not prohibited by other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

Sec. 64.

Laws 2014, chapter 189, section 24, is amended to read:

Sec. 24.

Minnesota Statutes 2012, section 518C.311, is amended to read:

518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.

(a) A petitioner seeking to establish or modify a support order, determine parentage
of a child, or register and modify a support order of a tribunal of another state or a foreign
country, in a proceeding under this chapter must file a petition. Unless otherwise ordered
under section 518C.312, the petition or accompanying documents must provide, so far
as known, the name, residential address, and Social Security numbers of the obligor and
the obligeenew text begin or parent and alleged parentnew text end, and the name, sex, residential address, Social
Security number, and date of birth of each child for whom support is sought or whose
deleted text beginparenthooddeleted text endnew text begin parentagenew text end is to be determined. new text beginUnless filed at the time of registration, new text endthe
petition must be accompanied by a deleted text begincertifieddeleted text end copy of any support order deleted text beginin effectdeleted text endnew text begin known
to have been issued by another tribunalnew text end. The petition may include any other information
that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.

Sec. 65.

Laws 2014, chapter 189, section 27, is amended to read:

Sec. 27.

Minnesota Statutes 2012, section 518C.314, is amended to read:

518C.314 LIMITED IMMUNITY OF PETITIONER.

(a) Participation by a petitioner in a proceeding under this chapter before a
responding tribunal, whether in person, by private attorney, or through services provided
by the support enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present
in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on
acts unrelated to a proceeding under this chapter committed by a party while new text beginphysically
new text endpresent in this state to participate in the proceeding.

Sec. 66.

Laws 2014, chapter 189, section 28, is amended to read:

Sec. 28.

Minnesota Statutes 2012, section 518C.316, is amended to read:

518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.

(a) The physical presence of deleted text beginthe petitionerdeleted text endnew text begin a nonresident party who is an individualnew text end
in a deleted text beginrespondingdeleted text end tribunal of this state is not required for the establishment, enforcement,
or modification of a support order or the rendition of a judgment determining parentage
of a child.

(b) deleted text beginA verified petition,deleted text endnew text begin Annew text end affidavit, new text begina new text enddocument substantially complying with
federally mandated forms, deleted text beginanddeleted text endnew text begin ornew text end a document incorporated by reference in any of them,
not excluded under the hearsay rule if given in person, is admissible in evidence if given
under deleted text beginoathdeleted text endnew text begin penalty of perjurynew text end by a party or witness residing outside this state.

(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The copy
is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least ten days before
trial, are admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of this state
by telephone, telecopier, or other electronic means that do not provide an original record
may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state shall permit a party
or witness residing outside this state to be deposed or to testify under penalty of perjury
by telephone, audiovisual means, or other electronic means at a designated tribunal or
other location. A tribunal of this state shall cooperate with other tribunals in designating
an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that
the testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.

(h) A privilege against disclosure of communications between spouses does not
apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of a child.

Sec. 67.

Laws 2014, chapter 189, section 29, is amended to read:

Sec. 29.

Minnesota Statutes 2012, section 518C.317, is amended to read:

518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.

A tribunal of this state may communicate with a tribunal outside this state in
deleted text beginwriting, by e-mail, ordeleted text endnew text begin a record, ornew text end by telephonenew text begin, electronic mail,new text end or other means, to obtain
information concerning the laws of that state, the legal effect of a judgment, decree, or
order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish
similar information by similar means to a tribunal outside this state.

Sec. 68.

Laws 2014, chapter 189, section 31, is amended to read:

Sec. 31.

Minnesota Statutes 2012, section 518C.319, is amended to read:

518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.

(a) A support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency
or tribunal shall furnish to a requesting party or tribunal of another state or a foreign
country a certified statement by the custodian of the record of the amounts and dates
of all payments received.

(b) If neither the obligor, deleted text beginnotdeleted text endnew text begin nornew text end the obligee who is an individual, nor the child
resides in this state, upon request from the support enforcement agency of this state or
another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) direct that the support payment be made to the support enforcement agency in
the state in which the obligee is receiving services; and

(2) issue and send to the obligor's employer a conforming income-withholding order
or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party
or tribunal of the other state a certified statement by the custodian of the record of the
amount and dates of all payments received.

Sec. 69.

Laws 2014, chapter 189, section 43, is amended to read:

Sec. 43.

Minnesota Statutes 2012, section 518C.604, is amended to read:

518C.604 CHOICE OF LAW.

(a) Except as otherwise provided in paragraph (d), the law of the issuing state or
foreign country governs:

(1) the nature, extent, amount, and duration of current payments under a registered
support order;

(2) the computation and payment of arrearages and accrual of interest on the
arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrearagesnew text begin under a registered support ordernew text end, the statute of
limitation under the laws of this state or of the issuing state or foreign country, whichever
is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of
this state to enforce current support and collect arrears and interest due on a support order
of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which is the controlling
order and issues an order consolidating arrears, if any, a tribunal of this state shall
prospectively apply the law of the state or foreign country issuing the controlling order,
including its law on interest on arrears, on current and future support, and on consolidated
arrears.

Sec. 70.

Laws 2014, chapter 189, section 50, is amended to read:

Sec. 50.

Minnesota Statutes 2012, section 518C.611, is amended to read:

518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
STATE.

(a) If section 518C.613 does not apply, upon petition a tribunal of this state may
modify a child support order issued in another state that is registered in this state if, after
notice and hearing, it finds that:

(1) the following requirements are met:

(i) neither the child, nor the obligee who is an individual, nor the obligor resides
in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) this state is the residence of the child, or a party who is an individual is subject to
the personal jurisdiction of the tribunal of this state and all of the parties who are individuals
have filed deleted text beginwrittendeleted text end consents in a record in the issuing tribunal for a tribunal of this state to
modify the support order and assume continuing, exclusive jurisdiction deleted text beginover the orderdeleted text end.

(b) Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an order issued
by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that
may not be modified under the law of the issuing state, including the duration of the
obligation of support. If two or more tribunals have issued child support orders for the
same obligor and child, the order that controls and must be recognized under section
518C.207 establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty of support established by that
order precludes imposition of a further obligation of support by a tribunal of this state.

(e) On issuance of an order new text beginby a tribunal of this state new text endmodifying a child support order
issued in another state, a tribunal of this state becomes the tribunal having continuing,
exclusive jurisdiction.

(f) Notwithstanding paragraphs (a) to deleted text begin(d)deleted text endnew text begin (e)new text end and section 518C.201, paragraph (b),
a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this
state if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.

Sec. 71.

Laws 2014, chapter 189, section 51, is amended to read:

Sec. 51.

Minnesota Statutes 2012, section 518C.612, is amended to read:

518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.

If a child support order issued by a tribunal of this state is modified by a tribunal of
another state which assumed jurisdiction deleted text beginaccording to this chapter or a law substantially
similar to this chapterdeleted text endnew text begin pursuant to the Uniform Interstate Family Support Act,new text end a tribunal of
this state:

(1) may enforce its order that was modified only as to arrears and interest accruing
before the modification;

(2) may provide appropriate relief for violations of its order which occurred before
the effective date of the modification; and

(3) shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.

Sec. 72.

Laws 2014, chapter 189, section 73, is amended to read:

Sec. 73. EFFECTIVE DATE.

This act deleted text beginbecomesdeleted text endnew text begin isnew text end effective deleted text beginon the date that the United States deposits the
instrument of ratification for the Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance with the Hague Conference on Private
International Lawdeleted text endnew text begin July 1, 2015new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end

Sec. 73. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 124D.142, new text end new text begin is repealed effective the day following
final enactment.
new text end

ARTICLE 3

WITHDRAWAL MANAGEMENT PROGRAMS

Section 1.

new text begin [245F.01] PURPOSE.
new text end

new text begin It is hereby declared to be the public policy of this state that the public interest is best
served by providing efficient and effective withdrawal management services to persons
in need of appropriate detoxification, assessment, intervention, and referral services.
The services shall vary to address the unique medical needs of each patient and shall be
responsive to the language and cultural needs of each patient. Services shall not be denied
on the basis of a patient's inability to pay.
new text end

Sec. 2.

new text begin [245F.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in this chapter have the meanings given
them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Administration of medications. new text end

new text begin "Administration of medications" means
performing a task to provide medications to a patient, and includes the following tasks
performed in the following order:
new text end

new text begin (1) checking the patient's medication record;
new text end

new text begin (2) preparing the medication for administration;
new text end

new text begin (3) administering the medication to the patient;
new text end

new text begin (4) documenting administration of the medication or the reason for not administering
the medication as prescribed; and
new text end

new text begin (5) reporting information to a licensed practitioner or a registered nurse regarding
problems with the administration of the medication or the patient's refusal to take the
medication.
new text end

new text begin Subd. 3. new text end

new text begin Alcohol and drug counselor. new text end

new text begin "Alcohol and drug counselor" means an
individual qualified under Minnesota Rules, part 9530.6450, subpart 5.
new text end

new text begin Subd. 4. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual, partnership, voluntary
association, corporation, or other public or private organization that submits an application
for licensure under this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Care coordination. new text end

new text begin "Care coordination" means activities intended to bring
together health services, patient needs, and streams of information to facilitate the aims
of care. Care coordination includes an ongoing needs assessment, life skills advocacy,
treatment follow-up, disease management, education, and other services as needed.
new text end

new text begin Subd. 6. new text end

new text begin Chemical. new text end

new text begin "Chemical" means alcohol, solvents, controlled substances as
defined in section 152.01, subdivision 4, and other mood-altering substances.
new text end

new text begin Subd. 7. new text end

new text begin Clinically managed program. new text end

new text begin "Clinically managed program" means a
residential setting with staff comprised of a medical director and a licensed practical
nurse. A licensed practical nurse must be on site 24 hours a day, seven days a week.
An individual who meets the qualification requirements of a medical director must be
available by telephone or in person for consultation 24 hours a day. Patients admitted to
this level of service receive medical observation, evaluation, and stabilization services
during the detoxification process; access to medications administered by trained, licensed
staff to manage withdrawal; and a comprehensive assessment pursuant to Minnesota
Rules, part 9530.6422.
new text end

new text begin Subd. 8. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or the commissioner's designated representative.
new text end

new text begin Subd. 9. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Human Services.
new text end

new text begin Subd. 10. new text end

new text begin Direct patient contact. new text end

new text begin "Direct patient contact" has the meaning given
for "direct contact" in section 245C.02, subdivision 11.
new text end

new text begin Subd. 11. new text end

new text begin Discharge plan. new text end

new text begin "Discharge plan" means a written plan that states with
specificity the services the program has arranged for the patient to transition back into
the community.
new text end

new text begin Subd. 12. new text end

new text begin Licensed practitioner. new text end

new text begin "Licensed practitioner" means a practitioner as
defined in section 151.01, subdivision 23, who is authorized to prescribe.
new text end

new text begin Subd. 13. new text end

new text begin Medical director. new text end

new text begin "Medical director" means an individual licensed in
Minnesota as a doctor of osteopathy or physician, or an individual licensed in Minnesota
as an advanced practice registered nurse by the Board of Nursing and certified to practice
as a clinical nurse specialist or nurse practitioner by a national nurse organization
acceptable to the board. The medical director must be employed by or under contract with
the license holder to direct and supervise health care for patients of a program licensed
under this chapter.
new text end

new text begin Subd. 14. new text end

new text begin Medically monitored program. new text end

new text begin "Medically monitored program" means
a residential setting with staff that includes a registered nurse and a medical director. A
registered nurse must be on site 24 hours a day. A medical director must be on site seven
days a week, and patients must have the ability to be seen by a medical director within 24
hours. Patients admitted to this level of service receive medical observation, evaluation,
and stabilization services during the detoxification process; medications administered by
trained, licensed staff to manage withdrawal; and a comprehensive assessment pursuant to
Minnesota Rules, part 9530.6422.
new text end

new text begin Subd. 15. new text end

new text begin Nurse. new text end

new text begin "Nurse" means a person licensed and currently registered to
practice practical or professional nursing as defined in section 148.171, subdivisions
14 and 15.
new text end

new text begin Subd. 16. new text end

new text begin Patient. new text end

new text begin "Patient" means an individual who presents or is presented for
admission to a withdrawal management program that meets the criteria in section 245F.05.
new text end

new text begin Subd. 17. new text end

new text begin Peer recovery support services. new text end

new text begin "Peer recovery support services"
means mentoring and education, advocacy, and nonclinical recovery support provided
by a recovery peer.
new text end

new text begin Subd. 18. new text end

new text begin Program director. new text end

new text begin "Program director" means the individual who is
designated by the license holder to be responsible for all operations of a withdrawal
management program and who meets the qualifications specified in section 245F.15,
subdivision 3.
new text end

new text begin Subd. 19. new text end

new text begin Protective procedure. new text end

new text begin "Protective procedure" means an action taken by a
staff member of a withdrawal management program to protect a patient from imminent
danger of harming self or others. Protective procedures include the following actions:
new text end

new text begin (1) seclusion, which means the temporary placement of a patient, without the
patient's consent, in an environment to prevent social contact; and
new text end

new text begin (2) physical restraint, which means the restraint of a patient by use of physical holds
intended to limit movement of the body.
new text end

new text begin Subd. 20. new text end

new text begin Recovery peer. new text end

new text begin "Recovery peer" means a person who has progressed in
the person's own recovery from substance use disorder and is willing to serve as a peer
to assist others in their recovery.
new text end

new text begin Subd. 21. new text end

new text begin Responsible staff person. new text end

new text begin "Responsible staff person" means the program
director, the medical director, or a staff person with current licensure as a nurse in
Minnesota. The responsible staff person must be on the premises and is authorized to
make immediate decisions concerning patient care and safety.
new text end

new text begin Subd. 22. new text end

new text begin Substance. new text end

new text begin "Substance" means "chemical" as defined in subdivision 6.
new text end

new text begin Subd. 23. new text end

new text begin Substance use disorder. new text end

new text begin "Substance use disorder" means a pattern of
substance use as defined in the current edition of the Diagnostic and Statistical Manual of
Mental Disorders.
new text end

new text begin Subd. 24. new text end

new text begin Technician. new text end

new text begin "Technician" means a person who meets the qualifications in
section 245F.15, subdivision 6.
new text end

new text begin Subd. 25. new text end

new text begin Withdrawal management program. new text end

new text begin "Withdrawal management
program" means a licensed program that provides short-term medical services on
a 24-hour basis for the purpose of stabilizing intoxicated patients, managing their
withdrawal, and facilitating access to substance use disorder treatment as indicated by a
comprehensive assessment.
new text end

Sec. 3.

new text begin [245F.03] APPLICATION.
new text end

new text begin (a) This chapter establishes minimum standards for withdrawal management
programs licensed by the commissioner that serve one or more unrelated persons.
new text end

new text begin (b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.
new text end

Sec. 4.

new text begin [245F.04] PROGRAM LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General application and license requirements. new text end

new text begin An applicant
for licensure as a clinically managed withdrawal management program or medically
monitored withdrawal management program must meet the following requirements,
except where otherwise noted. All programs must comply with federal requirements and
the general requirements in chapters 245A and 245C and sections 626.556, 626.557, and
626.5572. A withdrawal management program must be located in a hospital licensed under
sections 144.50 to 144.581, or must be a supervised living facility with a class B license
from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.
new text end

new text begin Subd. 2. new text end

new text begin Contents of application. new text end

new text begin Prior to the issuance of a license, an applicant
must submit, on forms provided by the commissioner, documentation demonstrating
the following:
new text end

new text begin (1) compliance with this section;
new text end

new text begin (2) compliance with applicable building, fire, and safety codes; health rules; zoning
ordinances; and other applicable rules and regulations or documentation that a waiver
has been granted. The granting of a waiver does not constitute modification of any
requirement of this section;
new text end

new text begin (3) completion of an assessment of need for a new or expanded program as required
by Minnesota Rules, part 9530.6800; and
new text end

new text begin (4) insurance coverage, including bonding, sufficient to cover all patient funds,
property, and interests.
new text end

new text begin Subd. 3. new text end

new text begin Changes in license terms. new text end

new text begin (a) A license holder must notify the
commissioner before one of the following occurs and the commissioner must determine
the need for a new license:
new text end

new text begin (1) a change in the Department of Health's licensure of the program;
new text end

new text begin (2) a change in the medical services provided by the program that affects the
program's capacity to provide services required by the program's license designation as a
clinically managed program or medically monitored program;
new text end

new text begin (3) a change in program capacity; or
new text end

new text begin (4) a change in location.
new text end

new text begin (b) A license holder must notify the commissioner and apply for a new license
when a change in program ownership occurs.
new text end

new text begin Subd. 4. new text end

new text begin Variances. new text end

new text begin The commissioner may grant variances to the requirements of
this chapter under section 245A.04, subdivision 9.
new text end

Sec. 5.

new text begin [245F.05] ADMISSION AND DISCHARGE POLICIES.
new text end

new text begin Subdivision 1. new text end

new text begin Admission policy. new text end

new text begin A license holder must have a written admission
policy containing specific admission criteria. The policy must describe the admission
process and the point at which an individual who is eligible under subdivision 2 is
admitted to the program. A license holder must not admit individuals who do not meet the
admission criteria. The admission policy must be approved and signed by the medical
director of the facility and must designate which staff members are authorized to admit
and discharge patients. The admission policy must be posted in the area of the facility
where patients are admitted and given to all interested individuals upon request.
new text end

new text begin Subd. 2. new text end

new text begin Admission criteria. new text end

new text begin For an individual to be admitted to a withdrawal
management program, the program must make a determination that the program services
are appropriate to the needs of the individual. A program may only admit individuals who
meet the admission criteria and who, at the time of admission:
new text end

new text begin (1) are impaired as the result of intoxication;
new text end

new text begin (2) are experiencing physical, mental, or emotional problems due to intoxication or
withdrawal from alcohol or other drugs;
new text end

new text begin (3) are being held under apprehend and hold orders under section 253B.07,
subdivision 2b;
new text end

new text begin (4) have been committed under chapter 253B, and need temporary placement;
new text end

new text begin (5) are held under emergency holds or peace and health officer holds under section
253B.05, subdivision 1 or 2; or
new text end

new text begin (6) need to stay temporarily in a protective environment because of a crisis related
to substance use disorder. Individuals satisfying this clause may be admitted only at the
request of the county of fiscal responsibility, as determined according to section 256G.02,
subdivision 4. Individuals admitted according to this clause must not be restricted to
the facility.
new text end

new text begin Subd. 3. new text end

new text begin Individuals denied admission by program. new text end

new text begin (a) A license holder must
have a written policy and procedure for addressing the needs of individuals who are
denied admission to the program. These individuals include:
new text end

new text begin (1) individuals whose pregnancy, in combination with their presenting problem,
requires services not provided by the program; and
new text end

new text begin (2) individuals who are in imminent danger of harming self or others if their
behavior is beyond the behavior management capabilities of the program and staff.
new text end

new text begin (b) Programs must document denied admissions, including the date and time of
the admission request, reason for the denial of admission, and where the individual was
referred. If the individual did not receive a referral, the program must document why a
referral was not made. This information must be documented on a form approved by the
commissioner and made available to the commissioner upon request.
new text end

new text begin Subd. 4. new text end

new text begin License holder responsibilities; denying admission or terminating
services. new text end

new text begin (a) If a license holder denies an individual admission to the program or
terminates services to a patient and the denial or termination poses an immediate threat to
the patient's or individual's health or requires immediate medical intervention, the license
holder must refer the patient or individual to a medical facility capable of admitting the
patient or individual.
new text end

new text begin (b) A license holder must report to a law enforcement agency with proper jurisdiction
all denials of admission and terminations of services that involve the commission of a crime
against a staff member of the license holder or on the license holder's property, as provided
in Code of Federal Regulations, title 42, section 2.12(c)(5), and title 45, parts 160 to 164.
new text end

new text begin Subd. 5. new text end

new text begin Discharge and transfer policies. new text end

new text begin A license holder must have a written
policy and procedure, approved and signed by the medical director, that specifies
conditions under which patients may be discharged or transferred. The policy must
include the following:
new text end

new text begin (1) guidelines for determining when a patient is medically stable and whether a
patient is able to be discharged or transferred to a lower level of care;
new text end

new text begin (2) guidelines for determining when a patient needs a transfer to a higher level of care.
Clinically managed program guidelines must include guidelines for transfer to a medically
monitored program, hospital, or other acute care facility. Medically monitored program
guidelines must include guidelines for transfer to a hospital or other acute care facility;
new text end

new text begin (3) procedures staff must follow when discharging a patient under each of the
following circumstances:
new text end

new text begin (i) the patient is involved in the commission of a crime against program staff or
against a license holder's property. The procedures for a patient discharged under this
item must specify how reports must be made to law enforcement agencies with proper
jurisdiction as allowed under Code of Federal Regulations, title 42, section 2.12(c)(5), and
title 45, parts 160 to 164;
new text end

new text begin (ii) the patient is in imminent danger of harming self or others and is beyond the
license holder's capacity to ensure safety;
new text end

new text begin (iii) the patient was admitted under chapter 253B; or
new text end

new text begin (iv) the patient is leaving against staff or medical advice; and
new text end

new text begin (4) a requirement that staff must document where the patient was referred after
discharge or transfer, and if a referral was not made, the reason the patient was not
provided a referral.
new text end

Sec. 6.

new text begin [245F.06] SCREENING AND COMPREHENSIVE ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Screening for substance use disorder. new text end

new text begin A nurse or an alcohol
and drug counselor must screen each patient upon admission to determine whether a
comprehensive assessment is indicated. The license holder must screen patients at
each admission, except that if the patient has already been determined to suffer from a
substance use disorder, subdivision 2 applies.
new text end

new text begin Subd. 2. new text end

new text begin Comprehensive assessment. new text end

new text begin (a) Prior to a medically stable discharge,
but not later than 72 hours following admission, a license holder must provide a
comprehensive assessment according to section 245.4863, paragraph (a), and Minnesota
Rules, part 9530.6422, for each patient who has a positive screening for a substance use
disorder. If a patient's medical condition prevents a comprehensive assessment from
being completed within 72 hours, the license holder must document why the assessment
was not completed. The comprehensive assessment must include documentation of the
appropriateness of an involuntary referral through the civil commitment process.
new text end

new text begin (b) If available to the program, a patient's previous comprehensive assessment may
be used in the patient record. If a previously completed comprehensive assessment is used,
its contents must be reviewed to ensure the assessment is accurate and current and complies
with the requirements of this chapter. The review must be completed by a staff person
qualified according to Minnesota Rules, part 9530.6450, subpart 5. The license holder must
document that the review was completed and that the previously completed assessment is
accurate and current, or the license holder must complete an updated or new assessment.
new text end

Sec. 7.

new text begin [245F.07] STABILIZATION PLANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Stabilization plan. new text end

new text begin Within 12 hours of admission, a license
holder must develop an individualized stabilization plan for each patient accepted for
stabilization services. The plan must be based on the patient's initial health assessment
and continually updated based on new information gathered about the patient's condition
from the comprehensive assessment, medical evaluation and consultation, and ongoing
monitoring and observations of the patient. The patient must have an opportunity to have
direct involvement in the development of the plan. The stabilization plan must:
new text end

new text begin (1) identify medical needs and goals to be achieved while the patient is receiving
services;
new text end

new text begin (2) specify stabilization services to address the identified medical needs and goals,
including amount and frequency of services;
new text end

new text begin (3) specify the participation of others in the stabilization planning process and
specific services where appropriated; and
new text end

new text begin (4) document the patient's participation in developing the content of the stabilization
plan and any updates.
new text end

new text begin Subd. 2. new text end

new text begin Progress notes. new text end

new text begin Progress notes must be entered in the patient's file at least
daily and immediately following any significant event, including any change that impacts
the medical, behavioral, or legal status of the patient. Progress notes must:
new text end

new text begin (1) include documentation of the patient's involvement in the stabilization services,
including the type and amount of each stabilization service;
new text end

new text begin (2) include the monitoring and observations of the patient's medical needs;
new text end

new text begin (3) include documentation of referrals made to other services or agencies;
new text end

new text begin (4) specify the participation of others; and
new text end

new text begin (5) be legible, signed, and dated by the staff person completing the documentation.
new text end

new text begin Subd. 3. new text end

new text begin Discharge plan. new text end

new text begin Before a patient leaves the facility, the license holder
must conduct discharge planning for the patient, document discharge planning in the
patient's record, and provide the patient with a copy of the discharge plan. The discharge
plan must include:
new text end

new text begin (1) referrals made to other services or agencies at the time of transition;
new text end

new text begin (2) the patient's plan for follow-up, aftercare, or other poststabilization services;
new text end

new text begin (3) documentation of the patient's participation in the development of the transition
plan;
new text end

new text begin (4) any service that will continue after discharge under the direction of the license
holder; and
new text end

new text begin (5) a stabilization summary and final evaluation of the patient's progress toward
treatment objectives.
new text end

Sec. 8.

new text begin [245F.08] STABILIZATION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The license holder must encourage patients to remain in
care for an appropriate duration as determined by the patient's stabilization plan, and must
encourage all patients to enter programs for ongoing recovery as clinically indicated. In
addition, the license holder must offer services that are patient-centered, trauma-informed,
and culturally appropriate. Culturally appropriate services must include translation services
and dietary services that meet a patient's dietary needs. All services provided to the patient
must be documented in the patient's medical record. The following services must be
offered unless clinically inappropriate and the justifying clinical rational is documented:
new text end

new text begin (1) individual or group motivational counseling sessions;
new text end

new text begin (2) individual advocacy and case management services;
new text end

new text begin (3) medical services as required in section 245F.12;
new text end

new text begin (4) care coordination provided according to subdivision 2;
new text end

new text begin (5) peer recovery support services provided according to subdivision 3;
new text end

new text begin (6) patient education provided according to subdivision 4; and
new text end

new text begin (7) referrals to mutual aid, self-help, and support groups.
new text end

new text begin Subd. 2. new text end

new text begin Care coordination. new text end

new text begin Care coordination services must be initiated for each
patient upon admission. The license holder must identify the staff person responsible for
the provision of each service. Care coordination services must include:
new text end

new text begin (1) coordination with significant others to assist in the stabilization planning process
whenever possible;
new text end

new text begin (2) coordination with and follow-up to appropriate medical services as identified by
the nurse or licensed practitioner;
new text end

new text begin (3) referral to substance use disorder services as indicated by the comprehensive
assessment;
new text end

new text begin (4) referral to mental health services as identified in the comprehensive assessment;
new text end

new text begin (5) referrals to economic assistance, social services, and prenatal care in accordance
with the patient's needs;
new text end

new text begin (6) review and approval of the transition plan prior to discharge, except in an
emergency, by a staff member able to provide direct patient contact;
new text end

new text begin (7) documentation of the provision of care coordination services in the patient's
file; and
new text end

new text begin (8) addressing cultural and socioeconomic factors affecting the patient's access to
services.
new text end

new text begin Subd. 3. new text end

new text begin Peer recovery support services. new text end

new text begin (a) Peers in recovery serve as mentors or
recovery-support partners for individuals in recovery, and may provide encouragement,
self-disclosure of recovery experiences, transportation to appointments, assistance with
finding resources that will help locate housing, job search resources, and assistance finding
and participating in support groups.
new text end

new text begin (b) Peer recovery support services are provided by a recovery peer and must be
supervised by the responsible staff person.
new text end

new text begin Subd. 4. new text end

new text begin Patient education. new text end

new text begin A license holder must provide education to each
patient on the following:
new text end

new text begin (1) substance use disorder, including the effects of alcohol and other drugs, specific
information about the effects of substance use on unborn children, and the signs and
symptoms of fetal alcohol spectrum disorders;
new text end

new text begin (2) tuberculosis and reporting known cases of tuberculosis disease to health care
authorities according to section 144.4804;
new text end

new text begin (3) Hepatitis C treatment and prevention;
new text end

new text begin (4) HIV as required in section 245A.19, paragraphs (b) and (c);
new text end

new text begin (5) nicotine cessation options, if applicable;
new text end

new text begin (6) opioid tolerance and overdose risks, if applicable; and
new text end

new text begin (7) long-term withdrawal issues related to use of barbiturates and benzodiazepines,
if applicable.
new text end

new text begin Subd. 5. new text end

new text begin Mutual aid, self-help, and support groups. new text end

new text begin The license holder must
refer patients to mutual aid, self-help, and support groups when clinically indicated and
to the extent available in the community.
new text end

Sec. 9.

new text begin [245F.09] PROTECTIVE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Use of protective procedures. new text end

new text begin (a) Programs must incorporate
person-centered planning and trauma-informed care into its protective procedure policies.
Protective procedures may be used only in cases where a less restrictive alternative will
not protect the patient or others from harm and when the patient is in imminent danger
of harming self or others. When a program uses a protective procedure, the program
must continuously observe the patient until the patient may safely be left for 15-minute
intervals. Use of the procedure must end when the patient is no longer in imminent danger
of harming self or others.
new text end

new text begin (b) Protective procedures may not be used:
new text end

new text begin (1) for disciplinary purposes;
new text end

new text begin (2) to enforce program rules;
new text end

new text begin (3) for the convenience of staff;
new text end

new text begin (4) as a part of any patient's health monitoring plan; or
new text end

new text begin (5) for any reason except in response to specific, current behaviors which create an
imminent danger of harm to the patient or others.
new text end

new text begin Subd. 2. new text end

new text begin Protective procedures plan. new text end

new text begin A license holder must have a written policy
and procedure that establishes the protective procedures that program staff must follow
when a patient is in imminent danger of harming self or others. The policy must be
appropriate to the type of facility and the level of staff training. The protective procedures
policy must include:
new text end

new text begin (1) an approval signed and dated by the program director and medical director prior
to implementation. Any changes to the policy must also be approved, signed, and dated by
the current program director and the medical director prior to implementation;
new text end

new text begin (2) which protective procedures the license holder will use to prevent patients from
imminent danger of harming self or others;
new text end

new text begin (3) the emergency conditions under which the protective procedures are permitted
to be used, if any;
new text end

new text begin (4) the patient's health conditions that limit the specific procedures that may be used
and alternative means of ensuring safety;
new text end

new text begin (5) emergency resources the program staff must contact when a patient's behavior
cannot be controlled by the procedures established in the policy;
new text end

new text begin (6) the training that staff must have before using any protective procedure;
new text end

new text begin (7) documentation of approved therapeutic holds;
new text end

new text begin (8) the use of law enforcement personnel as described in subdivision 4;
new text end

new text begin (9) standards governing emergency use of seclusion. Seclusion must be used only
when less restrictive measures are ineffective or not feasible. The standards in items (i) to
(vii) must be met when seclusion is used with a patient:
new text end

new text begin (i) seclusion must be employed solely for the purpose of preventing a patient from
imminent danger of harming self or others;
new text end

new text begin (ii) seclusion rooms must be equipped in a manner that prevents patients from
self-harm using projections, windows, electrical fixtures, or hard objects, and must allow
the patient to be readily observed without being interrupted;
new text end

new text begin (iii) seclusion must be authorized by the program director, a licensed physician, or
a registered nurse. If one of these individuals is not present in the facility, the program
director or a licensed physician or registered nurse must be contacted and authorization
must be obtained within 30 minutes of initiating seclusion, according to written policies;
new text end

new text begin (iv) patients must not be placed in seclusion for more than 12 hours at any one time;
new text end

new text begin (v) once the condition of a patient in seclusion has been determined to be safe
enough to end continuous observation, a patient in seclusion must be observed at a
minimum of every 15 minutes for the duration of seclusion and must always be within
hearing range of program staff;
new text end

new text begin (vi) a process for program staff to use to remove a patient to other resources available
to the facility if seclusion does not sufficiently assure patient safety; and
new text end

new text begin (vii) a seclusion area may be used for other purposes, such as intensive observation, if
the room meets normal standards of care for the purpose and if the room is not locked; and
new text end

new text begin (10) physical holds may only be used when less restrictive measures are not feasible.
The standards in items (i) to (iv) must be met when physical holds are used with a patient:
new text end

new text begin (i) physical holds must be employed solely for preventing a patient from imminent
danger of harming self or others;
new text end

new text begin (ii) physical holds must be authorized by the program director, a licensed physician,
or a registered nurse. If one of these individuals is not present in the facility, the program
director or a licensed physician or a registered nurse must be contacted and authorization
must be obtained within 30 minutes of initiating a physical hold, according to written
policies;
new text end

new text begin (iii) the patient's health concerns must be considered in deciding whether to use
physical holds and which holds are appropriate for the patient; and
new text end

new text begin (iv) only approved holds may be utilized. Prone holds are not allowed and must
not be authorized.
new text end

new text begin Subd. 3. new text end

new text begin Records. new text end

new text begin Each use of a protective procedure must be documented in the
patient record. The patient record must include:
new text end

new text begin (1) a description of specific patient behavior precipitating a decision to use a
protective procedure, including date, time, and program staff present;
new text end

new text begin (2) the specific means used to limit the patient's behavior;
new text end

new text begin (3) the time the protective procedure began, the time the protective procedure ended,
and the time of each staff observation of the patient during the procedure;
new text end

new text begin (4) the names of the program staff authorizing the use of the protective procedure,
the time of the authorization, and the program staff directly involved in the protective
procedure and the observation process;
new text end

new text begin (5) a brief description of the purpose for using the protective procedure, including
less restrictive interventions used prior to the decision to use the protective procedure
and a description of the behavioral results obtained through the use of the procedure. If
a less restrictive intervention was not used, the reasons for not using a less restrictive
intervention must be documented;
new text end

new text begin (6) documentation by the responsible staff person on duty of reassessment of the
patient at least every 15 minutes to determine if seclusion or the physical hold can be
terminated;
new text end

new text begin (7) a description of the physical holds used in escorting a patient; and
new text end

new text begin (8) any injury to the patient that occurred during the use of a protective procedure.
new text end

new text begin Subd. 4. new text end

new text begin Use of law enforcement. new text end

new text begin The program must maintain a central log
documenting each incident involving use of law enforcement, including:
new text end

new text begin (1) the date and time law enforcement arrived at and left the program;
new text end

new text begin (2) the reason for the use of law enforcement;
new text end

new text begin (3) if law enforcement used force or a protective procedure and which protective
procedure was used; and
new text end

new text begin (4) whether any injuries occurred.
new text end

new text begin Subd. 5. new text end

new text begin Administrative review. new text end

new text begin (a) The license holder must keep a record of all
patient incidents and protective procedures used. An administrative review of each use
of protective procedures must be completed within 72 hours by someone other than the
person who used the protective procedure. The record of the administrative review of the
use of protective procedures must state whether:
new text end

new text begin (1) the required documentation was recorded for each use of a protective procedure;
new text end

new text begin (2) the protective procedure was used according to the policy and procedures;
new text end

new text begin (3) the staff who implemented the protective procedure was properly trained; and
new text end

new text begin (4) the behavior met the standards for imminent danger of harming self or others.
new text end

new text begin (b) The license holder must conduct and document a quarterly review of the use of
protective procedures with the goal of reducing the use of protective procedures. The
review must include:
new text end

new text begin (1) any patterns or problems indicated by similarities in the time of day, day of the
week, duration of the use of a protective procedure, individuals involved, or other factors
associated with the use of protective procedures;
new text end

new text begin (2) any injuries resulting from the use of protective procedures;
new text end

new text begin (3) whether law enforcement was involved in the use of a protective procedure;
new text end

new text begin (4) actions needed to correct deficiencies in the program's implementation of
protective procedures;
new text end

new text begin (5) an assessment of opportunities missed to avoid the use of protective procedures;
and
new text end

new text begin (6) proposed actions to be taken to minimize the use of protective procedures.
new text end

Sec. 10.

new text begin [245F.10] PATIENT RIGHTS AND GRIEVANCE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Patient rights. new text end

new text begin Patients have the rights in sections 144.651,
148F.165, and 253B.03, as applicable. The license holder must give each patient, upon
admission, a written statement of patient rights. Program staff must review the statement
with the patient.
new text end

new text begin Subd. 2. new text end

new text begin Grievance procedure. new text end

new text begin Upon admission, the license holder must explain
the grievance procedure to the patient or patient's representative. The grievance procedure
must be posted in a place visible to the patient and must be made available to current and
former patients upon request. A license holder's written grievance procedure must include:
new text end

new text begin (1) staff assistance in developing and processing the grievance;
new text end

new text begin (2) an initial response to the patient who filed the grievance within 24 hours of the
program's receipt of the grievance, and timelines for additional steps to be taken to resolve
the grievance, including access to the person with the highest level of authority in the
program if the grievance cannot be resolved by other staff members; and
new text end

new text begin (3) the addresses and telephone numbers of the Department of Human Services
Licensing Division, Department of Health Office of Health Facilities Complaints, Board
of Behavioral Health and Therapy, Board of Medical Practice, Board of Nursing, and
Office of the Ombudsman for Mental Health and Developmental Disabilities.
new text end

Sec. 11.

new text begin [245F.11] PATIENT PROPERTY MANAGEMENT.
new text end

new text begin A license holder must meet the requirements for handling patient funds and property
in section 245A.04, subdivision 14, except:
new text end

new text begin (1) a license holder must establish policies regarding the use of personal property to
assure that program activities and the rights of other patients are not infringed, and may
take temporary custody of personal property if these policies are violated;
new text end

new text begin (2) a license holder must retain the patient's property for a minimum of seven days
after discharge if the patient does not reclaim the property after discharge; and
new text end

new text begin (3) the license holder must return to the patient all of the patient's property held in
trust at discharge, regardless of discharge status, except that:
new text end

new text begin (i) drugs, drug paraphernalia, and drug containers that are forfeited under section
609.5316 must be destroyed by staff or given over to the custody of a local law
enforcement agency, according to Code of Federal Regulations, title 42, sections 2.1 to
2.67, and title 45, parts 160 to 164; and
new text end

new text begin (ii) weapons, explosives, and other property that may cause serious harm to self
or others must be transferred to a local law enforcement agency. The patient must be
notified of the transfer and the right to reclaim the property if the patient has a legal right
to possess the item.
new text end

Sec. 12.

new text begin [245F.12] MEDICAL SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Services provided at all programs. new text end

new text begin Withdrawal management
programs must have:
new text end

new text begin (1) a standardized data collection tool for collecting health-related information about
each patient. The data collection tool must be developed in collaboration with a registered
nurse and approved and signed by the medical director; and
new text end

new text begin (2) written procedures for a nurse to assess and monitor patient health within the
nurse's scope of practice. The procedures must:
new text end

new text begin (i) be approved by the medical director;
new text end

new text begin (ii) include a follow-up screening conducted between four and 12 hours after service
initiation to collect information relating to acute intoxication, other health complaints, and
behavioral risk factors that the patient may not have communicated at service initiation;
new text end

new text begin (iii) specify the physical signs and symptoms that, when present, require consultation
with a registered nurse or a physician and that require transfer to an acute care facility or
a higher level of care than that provided by the program;
new text end

new text begin (iv) specify those staff members responsible for monitoring patient health and
provide for hourly observation and for more frequent observation if the initial health
assessment or follow-up screening indicates a need for intensive physical or behavioral
health monitoring; and
new text end

new text begin (v) specify the actions to be taken to address specific complicating conditions,
including pregnancy or the presence of physical signs or symptoms of any other medical
condition.
new text end

new text begin Subd. 2. new text end

new text begin Services provided at clinically managed programs. new text end

new text begin In addition to the
services listed in subdivision 1, clinically managed programs must:
new text end

new text begin (1) have a licensed practical nurse on site 24 hours a day and a medical director;
new text end

new text begin (2) provide an initial health assessment conducted by a nurse upon admission;
new text end

new text begin (3) provide daily on-site medical evaluation and consultation with a registered
nurse and have a registered nurse available by telephone or in person for consultation
24 hours a day;
new text end

new text begin (4) have an individual who meets the qualification requirements of a medical director
available by telephone or in person for consultation 24 hours a day; and
new text end

new text begin (5) have appropriately licensed staff available to administer medications according
to prescriber-approved orders.
new text end

new text begin Subd. 3. new text end

new text begin Services provided at medically monitored programs. new text end

new text begin In addition to the
services listed in subdivision 1, medically monitored programs must have a registered
nurse on site 24 hours a day and a medical director. Medically monitored programs must
provide intensive inpatient withdrawal management services which must include:
new text end

new text begin (1) an initial health assessment conducted by a registered nurse upon admission;
new text end

new text begin (2) the availability of a medical evaluation and consultation with a registered nurse
24 hours a day;
new text end

new text begin (3) the availability of a licensed professional who meets the qualification requirements
of a medical director by telephone or in person for consultation 24 hours a day;
new text end

new text begin (4) the ability to be seen within 24 hours or sooner by an individual who meets the
qualification requirements of a medical director if the initial health assessment indicates
the need to be seen;
new text end

new text begin (5) the availability of on-site monitoring of patient care seven days a week by an
individual who meets the qualification requirements of a medical director; and
new text end

new text begin (6) appropriately licensed staff available to administer medications according to
prescriber-approved orders.
new text end

Sec. 13.

new text begin [245F.13] MEDICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Administration of medications. new text end

new text begin A license holder must employ or
contract with a registered nurse to develop the policies and procedures for medication
administration. A registered nurse must provide supervision as defined in section 148.171,
subdivision 23, for the administration of medications. For clinically managed programs,
the registered nurse supervision must include on-site supervision at least monthly or more
often as warranted by the health needs of the patient. The medication administration
policies and procedures must include:
new text end

new text begin (1) a provision that patients may carry emergency medication such as nitroglycerin
as instructed by their prescriber;
new text end

new text begin (2) requirements for recording the patient's use of medication, including staff
signatures with date and time;
new text end

new text begin (3) guidelines regarding when to inform a licensed practitioner or a registered nurse
of problems with medication administration, including failure to administer, patient
refusal of a medication, adverse reactions, or errors; and
new text end

new text begin (4) procedures for acceptance, documentation, and implementation of prescriptions,
whether written, oral, telephonic, or electronic.
new text end

new text begin Subd. 2. new text end

new text begin Control of drugs. new text end

new text begin A license holder must have in place and implement
written policies and procedures relating to control of drugs. The policies and procedures
must be developed by a registered nurse and must contain the following provisions:
new text end

new text begin (1) a requirement that all drugs must be stored in a locked compartment. Schedule II
drugs, as defined in section 152.02, subdivision 3, must be stored in a separately locked
compartment that is permanently affixed to the physical plant or a medication cart;
new text end

new text begin (2) a system for accounting for all scheduled drugs each shift;
new text end

new text begin (3) a procedure for recording a patient's use of medication, including staff signatures
with time and date;
new text end

new text begin (4) a procedure for destruction of discontinued, outdated, or deteriorated medications;
new text end

new text begin (5) a statement that only authorized personnel are permitted to have access to the
keys to the locked drug compartments; and
new text end

new text begin (6) a statement that no legend drug supply for one patient may be given to another
patient.
new text end

Sec. 14.

new text begin [245F.14] STAFFING REQUIREMENTS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Program director. new text end

new text begin A license holder must employ or contract with a
person, on a full-time basis, to serve as program director. The program director must be
responsible for all aspects of the facility and the services delivered to the license holder's
patients. An individual may serve as program director for more than one program owned
by the same license holder.
new text end

new text begin Subd. 2. new text end

new text begin Responsible staff person. new text end

new text begin During all hours of operation, a license holder
must designate a staff member as the responsible staff person to be present and awake
in the facility and be responsible for the program. The responsible staff person must
have decision-making authority over the day-to-day operation of the program as well
as the authority to direct the activity of or terminate the shift of any staff member who
has direct patient contact.
new text end

new text begin Subd. 3. new text end

new text begin Technician required. new text end

new text begin A license holder must have one technician awake
and on duty at all times for every ten patients in the program. A license holder may assign
technicians according to the need for care of the patients, except that the same technician
must not be responsible for more than 15 patients at one time. For purposes of establishing
this ratio, all staff whose qualifications meet or exceed those for technicians under section
245F.15, subdivision 6, and who are performing the duties of a technician may be counted
as technicians. The same individual may not be counted as both a technician and an
alcohol and drug counselor.
new text end

new text begin Subd. 4. new text end

new text begin Registered nurse required. new text end

new text begin A license holder must employ or contract
with a registered nurse, who must be available 24 hours a day by telephone or in person
for consultation. The registered nurse is responsible for:
new text end

new text begin (1) establishing and implementing procedures for the provision of nursing care and
delegated medical care, including:
new text end

new text begin (i) a health monitoring plan;
new text end

new text begin (ii) a medication control plan;
new text end

new text begin (iii) training and competency evaluations for staff performing delegated medical and
nursing functions;
new text end

new text begin (iv) handling serious illness, accident, or injury to patients;
new text end

new text begin (v) an infection control program; and
new text end

new text begin (vi) a first aid kit;
new text end

new text begin (2) delegating nursing functions to other staff consistent with their education,
competence, and legal authorization;
new text end

new text begin (3) assigning, supervising, and evaluating the performance of nursing tasks; and
new text end

new text begin (4) implementing condition-specific protocols in compliance with section 151.37,
subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Medical director required. new text end

new text begin A license holder must have a medical director
available for medical supervision. The medical director is responsible for ensuring the
accurate and safe provision of all health-related services and procedures. A license
holder must obtain and document the medical director's annual approval of the following
procedures before the procedures may be used:
new text end

new text begin (1) admission, discharge, and transfer criteria and procedures;
new text end

new text begin (2) a health services plan;
new text end

new text begin (3) physical indicators for a referral to a physician, registered nurse, or hospital, and
procedures for referral;
new text end

new text begin (4) procedures to follow in case of accident, injury, or death of a patient;
new text end

new text begin (5) formulation of condition-specific protocols regarding the medications that
require a withdrawal regimen that will be administered to patients;
new text end

new text begin (6) an infection control program;
new text end

new text begin (7) protective procedures; and
new text end

new text begin (8) a medication control plan.
new text end

new text begin Subd. 6. new text end

new text begin Alcohol and drug counselor. new text end

new text begin A withdrawal management program must
provide one full-time equivalent alcohol and drug counselor for every 16 patients served
by the program.
new text end

new text begin Subd. 7. new text end

new text begin Ensuring staff-to-patient ratio. new text end

new text begin The responsible staff person under
subdivision 2 must ensure that the program does not exceed the staff-to-patient ratios in
subdivisions 3 and 6 and must inform admitting staff of the current staffed capacity of
the program for that shift. A license holder must have a written policy for documenting
staff-to-patient ratios for each shift and actions to take when staffed capacity is reached.
new text end

Sec. 15.

new text begin [245F.15] STAFF QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications for all staff who have direct patient contact. new text end

new text begin (a) All
staff who have direct patient contact must be at least 18 years of age and must, at the time
of hiring, document that they meet the requirements in paragraph (b), (c), or (d).
new text end

new text begin (b) Program directors, supervisors, nurses, and alcohol and drug counselors must be
free of substance use problems for at least two years immediately preceding their hiring
and must sign a statement attesting to that fact.
new text end

new text begin (c) Recovery peers must be free of substance use problems for at least one year
immediately preceding their hiring and must sign a statement attesting to that fact.
new text end

new text begin (d) Technicians and other support staff must be free of substance use problems
for at least six months immediately preceding their hiring and must sign a statement
attesting to that fact.
new text end

new text begin Subd. 2. new text end

new text begin Continuing employment; no substance use problems. new text end

new text begin License holders
must require staff to be free from substance use problems as a condition of continuing
employment. Staff are not required to sign statements attesting to their freedom from
substance use problems after the initial statement required by subdivision 1. Staff with
substance use problems must be immediately removed from any responsibilities that
include direct patient contact.
new text end

new text begin Subd. 3. new text end

new text begin Program director qualifications. new text end

new text begin A program director must:
new text end

new text begin (1) have at least one year of work experience in direct service to individuals
with substance use disorders or one year of work experience in the management or
administration of direct service to individuals with substance use disorders;
new text end

new text begin (2) have a baccalaureate degree or three years of work experience in administration
or personnel supervision in human services; and
new text end

SF 825

Bill Text Versions

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

119B.07 USE OF MONEY.

new text begin Subdivision 1. new text end

new text begin Uses of money. new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin Subd. 3. new text end

new text begin Amount of child care assistance authorized. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subdivision 1.

Assistance for persons seeking and retaining employment.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 2a.

Recovery of overpayments.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

new text begin [119B.27] QUALITY RATING AND IMPROVEMENT SYSTEM. new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin Subd. 3. new text end

new text begin Eligible early childhood programs. new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subd. 4.

Early childhood program eligibility.

new text begin EFFECTIVE DATE. new text end

Sec. 6.

new text begin Subd. 10. new text end

new text begin Providers of group residential housing or supplementary services. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 7.

new text begin Subd. 11. new text end

new text begin Providers of group residential housing or supplementary services. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 8.

new text begin Subd. 14c. new text end

new text begin Early intervention support and services for at-risk American Indian families. new text end

Sec. 9.

Subdivision 1.

Authority and purpose.

Sec. 10.

Subdivision 1.

Definitions.

Sec. 11.

Subd. 2.

Assignment of support and maintenance rights.

Sec. 12.

Subd. 1b.

Rules.

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Subd. 2.

Standard of assistance for certain persons.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

Subd. 5.

Special needs.

new text begin EFFECTIVE DATE. new text end

Sec. 15.

256I.01 CITATION.

Sec. 16.

256I.02 PURPOSE.

Sec. 17.

256I.03 DEFINITIONS.

Subdivision 1.

Scope.

Subd. 1a.

Agency.

deleted text begin Subd. 2. deleted text end

deleted text begin Group residential housing rate. deleted text end

new text begin [119B.27] QUALITY RATING AND IMPROVEMENT SYSTEM.
new text end

new text begin Providers of group residential housing or supplementary services.
new text end

new text begin Providers of group residential housing or supplementary services.
new text end

new text begin Early intervention support and services for at-risk American Indian
families. new text end

256I.04 ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENTnew text begin
AND HOUSING ASSISTANCE PAYMENTnew text end.

new text begin Conditions of payment; commissioner's right to suspend or terminate
agreement. new text end