2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying provisions related to 1.3 health maintenance organizations; modifying lead 1.4 inspection provisions; modifying vital statistics 1.5 provisions; modifying asbestos abatement provisions; 1.6 modifying provisions relating to traumatic brain 1.7 injury and spinal cord injury notification and data; 1.8 modifying provisions for hearings related to 1.9 permitting, licensing, registration, and 1.10 certification; modifying revocation and suspension 1.11 provisions for permits, licenses, registration, and 1.12 certifications; modifying provisions for testing 1.13 infants for inborn metabolic errors; modifying medical 1.14 education and research costs trust fund provisions; 1.15 requiring conformance with federal regulations; 1.16 amending Minnesota Statutes 1996, sections 62D.02, 1.17 subdivision 10; 62D.03, subdivisions 3 and 4; 62D.04, 1.18 subdivision 3; 62D.042, subdivision 3; 62D.06, 1.19 subdivision 1; 62D.07, subdivision 3; 62D.09, 1.20 subdivisions 1, 3, and 8; 62D.102; 62D.11, 1.21 subdivisions 1, 1b, and 3; 62D.12, by adding a 1.22 subdivision; 62D.20, subdivision 2; 62J.60, 1.23 subdivision 3; 62J.69, subdivision 1; 144.125; 1.24 144.215, subdivision 1; 144.218; 144.664, subdivision 1.25 3; 144.665; 144.9501, subdivision 29, and by adding a 1.26 subdivision; 144.9504, subdivision 2; 144.9506, 1.27 subdivisions 1 and 5; 144.99, subdivisions 9 and 10; 1.28 257.73; 326.71, subdivisions 4 and 6; 326.72, 1.29 subdivision 2; 326.74; 326.76; 326.78, subdivision 1; 1.30 and 326.785; repealing Minnesota Statutes 1996, 1.31 sections 62D.03, subdivision 2; and 62D.11, 1.32 subdivision 4; Laws 1988, chapter 495, section 1; 1.33 Minnesota Rules, part 4600.3900. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 Section 1. Minnesota Statutes 1996, section 62D.02, 1.36 subdivision 10, is amended to read: 1.37 Subd. 10. "Consumer" means any person
other than a person1.38 (a) whose occupation involves, or before retirement involved,1.39 the administration of health activities or the providing of2.1 health services; (b) who is, or ever was, employed by a health2.2 care facility, as a licensed health professional; or (c) who2.3 has, or ever had, a direct, substantial financial or managerial2.4 interest in the rendering of health service other than the2.5 payment of reasonable expense reimbursement or compensation as a2.6 member of the board of a health maintenance organization, 2.7 including an enrollee, to whom a health maintenance organization 2.8 directs marketing materials. 2.9 Sec. 2. Minnesota Statutes 1996, section 62D.03, 2.10 subdivision 3, is amended to read: 2.11 Subd. 3. The commissioner of health may require any person 2.12 providing physician and hospital services with payments made in 2.13 the manner set forth in section 62D.02, subdivision 4, to apply 2.14 for a certificate of authority under sections 62D.01 to 62D.30. 2.15 An applicant may continue to operate until the commissioner of 2.16 health acts upon the application. In the event that an 2.17 application is denied, the applicant shall henceforth be treated 2.18 as a health maintenance organization whose certificate of 2.19 authority has been revoked. Any person directed to apply for a 2.20 certificate of authority shall be subject to the provisions 2.21 of this subdivision 2. 2.22 Sec. 3. Minnesota Statutes 1996, section 62D.03, 2.23 subdivision 4, is amended to read: 2.24 Subd. 4. Each application for a certificate of authority 2.25 shall be verified by an officer or authorized representative of 2.26 the applicant, and shall be in a form prescribed by the 2.27 commissioner of health. Each application shall include the 2.28 following: 2.29 (a) a copy of the basic organizational document, if any, of 2.30 the applicant and of each major participating entity; such as 2.31 the articles of incorporation, or other applicable documents, 2.32 and all amendments thereto; 2.33 (b) a copy of the bylaws, rules and regulations, or similar 2.34 document, if any, and all amendments thereto which regulate the 2.35 conduct of the affairs of the applicant and of each major 2.36 participating entity; 3.1 (c) a list of the names, addresses, and official positions 3.2 of the following: 3.3 (1) all members of the board of directors, or governing 3.4 body of the local government unit, and the principal officers 3.5 and shareholders of the applicant organization; and 3.6 (2) all members of the board of directors, or governing 3.7 body of the local government unit, and the principal officers of 3.8 the major participating entity and each shareholder beneficially 3.9 owning more than ten percent of any voting stock of the major 3.10 participating entity; 3.11 The commissioner may by rule identify persons included in 3.12 the term "principal officers"; 3.13 (d) a full disclosure of the extent and nature of any 3.14 contract or financial arrangements between the following: 3.15 (1) the health maintenance organization and the persons 3.16 listed in clause (c)(1); 3.17 (2) the health maintenance organization and the persons 3.18 listed in clause (c)(2); 3.19 (3) each major participating entity and the persons listed 3.20 in clause (c)(1) concerning any financial relationship with the 3.21 health maintenance organization; and 3.22 (4) each major participating entity and the persons listed 3.23 in clause (c)(2) concerning any financial relationship with the 3.24 health maintenance organization; 3.25 (e) the name and address of each participating entity and 3.26 the agreed upon duration of each contract or agreement; 3.27 (f) a copy of the form of each contract binding the 3.28 participating entities and the health maintenance organization. 3.29 Contractual provisions shall be consistent with the purposes of 3.30 sections 62D.01 to 62D.30, in regard to the services to be 3.31 performed under the contract, the manner in which payment for 3.32 services is determined, the nature and extent of 3.33 responsibilities to be retained by the health maintenance 3.34 organization, the nature and extent of risk sharing permissible, 3.35 and contractual termination provisions; 3.36 (g) a copy of each contract binding major participating 4.1 entities and the health maintenance organization. Contract 4.2 information filed with the commissioner shall be confidential 4.3 and subject to the provisions of section 13.37, subdivision 1, 4.4 clause (b), upon the request of the health maintenance 4.5 organization. 4.6 Upon initial filing of each contract, the health 4.7 maintenance organization shall file a separate document 4.8 detailing the projected annual expenses to the major 4.9 participating entity in performing the contract and the 4.10 projected annual revenues received by the entity from the health 4.11 maintenance organization for such performance. The commissioner 4.12 shall disapprove any contract with a major participating entity 4.13 if the contract will result in an unreasonable expense under 4.14 section 62D.19. The commissioner shall approve or disapprove a 4.15 contract within 30 days of filing. 4.16 Within 120 days of the anniversary of the implementation of 4.17 each contract, the health maintenance organization shall file a 4.18 document detailing the actual expenses incurred and reported by 4.19 the major participating entity in performing the contract in the 4.20 preceding year and the actual revenues received from the health 4.21 maintenance organization by the entity in payment for the 4.22 performance .; 4.23 Contracts implemented prior to April 25, 1984, shall be4.24 filed within 90 days of April 25, 1984. These contracts are4.25 subject to the provisions of section 62D.19, but are not subject4.26 to the prospective review prescribed by this clause, unless or4.27 until the terms of the contract are modified. Commencing with4.28 the next anniversary of the implementation of each of these4.29 contracts immediately following filing, the health maintenance4.30 organization shall, as otherwise required by this subdivision,4.31 file annual actual expenses and revenues;4.32 (h) a statement generally describing the health maintenance 4.33 organization, its health maintenance contracts and separate 4.34 health service contracts, facilities, and personnel, including a 4.35 statement describing the manner in which the applicant proposes 4.36 to provide enrollees with comprehensive health maintenance 5.1 services and separate health services; 5.2 (i) a copy of the form of each evidence of coverage to be 5.3 issued to the enrollees; 5.4 (j) a copy of the form of each individual or group health 5.5 maintenance contract and each separate health service contract 5.6 which is to be issued to enrollees or their representatives; 5.7 (k) financial statements showing the applicant's assets, 5.8 liabilities, and sources of financial support. If the 5.9 applicant's financial affairs are audited by independent 5.10 certified public accountants, a copy of the applicant's most 5.11 recent certified financial statement may be deemed to satisfy 5.12 this requirement; 5.13 (l) a description of the proposed method of marketing the 5.14 plan, a schedule of proposed charges, and a financial plan which 5.15 includes a three-year projection of the expenses and income and 5.16 other sources of future capital; 5.17 (m) a statement reasonably describing the geographic area 5.18 or areas to be served and the type or types of enrollees to be 5.19 served; 5.20 (n) a description of the complaint procedures to be 5.21 utilized as required under section 62D.11; 5.22 (o) a description of the procedures and programs to be 5.23 implemented to meet the requirements of section 62D.04, 5.24 subdivision 1, clauses (b) and (c) and to monitor the quality of 5.25 health care provided to enrollees; 5.26 (p) a description of the mechanism by which enrollees will 5.27 be afforded an opportunity to participate in matters of policy 5.28 and operation under section 62D.06; 5.29 (q) a copy of any agreement between the health maintenance 5.30 organization and an insurer or nonprofit health service 5.31 corporation regarding reinsurance, stop-loss coverage, 5.32 insolvency coverage, or any other type of coverage for potential 5.33 costs of health services, as authorized in sections 62D.04, 5.34 subdivision 1, clause (f), 62D.05, subdivision 3, and 62D.13; 5.35 (r) a copy of the conflict of interest policy which applies 5.36 to all members of the board of directors and the principal 6.1 officers of the health maintenance organization, as described in 6.2 section 62D.04, subdivision 1, paragraph (g). All currently 6.3 licensed health maintenance organizations shall also file a 6.4 conflict of interest policy with the commissioner within 60 days 6.5 after August 1, 1990, or at a later date if approved by the 6.6 commissioner; 6.7 (s) a copy of the statement that describes the health 6.8 maintenance organization's prior authorization administrative 6.9 procedures; 6.10 (t) a copy of the agreement between the guaranteeing 6.11 organization and the health maintenance organization, as 6.12 described in section 62D.043, subdivision 6; and 6.13 (u) other information as the commissioner of health may 6.14 reasonably require to be provided. 6.15 Sec. 4. Minnesota Statutes 1996, section 62D.04, 6.16 subdivision 3, is amended to read: 6.17 Subd. 3. Except as provided in section 62D.03, subdivision 6.18 2, no person who has not been issued a certificate of authority 6.19 shall use the words "health maintenance organization" or the 6.20 initials "HMO" in its name, contracts or literature. Provided, 6.21 however, that persons who are operating under a contract with, 6.22 operating in association with, enrolling enrollees for, or 6.23 otherwise authorized by a health maintenance organization 6.24 licensed under sections 62D.01 to 62D.30 to act on its behalf 6.25 may use the terms "health maintenance organization" or "HMO" for 6.26 the limited purpose of denoting or explaining their association 6.27 or relationship with the authorized health maintenance 6.28 organization. No health maintenance organization which has a 6.29 minority of consumersenrollees and members elected according to 6.30 section 62D.06, subdivision 1, as members of its board of 6.31 directors shall use the words "consumer controlled" in its name 6.32 or in any way represent to the public that it is controlled by 6.33 consumers. 6.34 Sec. 5. Minnesota Statutes 1996, section 62D.042, 6.35 subdivision 3, is amended to read: 6.36 Subd. 3. [ PHASE-IN FOREXISTING ORGANIZATIONS.] (a)7.1 Organizations that obtained a certificate of authority on or7.2 before April 25, 1988, have until December 31, 1993, to7.3 establish a net worth of at least 8-1/3 percent of the sum of7.4 all expenses incurred during the previous calendar year, or7.5 $1,000,000, whichever is greater.7.6 (b) By December 31, 1989, organizations shall have a net7.7 worth of at least one-fifth of 8-1/3 percent of the sum of all7.8 expenses incurred during the previous calendar year, or7.9 $1,000,000, whichever is greater.7.10 (c) By December 31, 1990, organizations shall have a net7.11 worth of at least two-fifths of 8-1/3 percent of the sum of all7.12 expenses incurred during the previous calendar year, or7.13 $1,000,000, whichever is greater.7.14 (d) By December 31, 1991, organizations shall have a net7.15 worth of at least three-fifths of 8-1/3 percent of the sum of7.16 all expenses incurred during the previous calendar year, or7.17 $1,000,000, whichever is greater.7.18 (e) By December 31, 1992, organizationsEach organization 7.19 shall have a net worth of at least four-fifths of 8-1/3 percent 7.20 of the sum of all expenses incurred during the previous calendar 7.21 year, or $1,000,000, whichever is greater. 7.22 Sec. 6. Minnesota Statutes 1996, section 62D.06, 7.23 subdivision 1, is amended to read: 7.24 Subdivision 1. The governing body of any health 7.25 maintenance organization which is a nonprofit corporation may 7.26 include enrollees, providers, or other individuals; provided, 7.27 however, that after a health maintenance organization which is a 7.28 nonprofit corporation has been authorized under sections 62D.01 7.29 to 62D.30 for one year, at least 40 percent of the governing 7.30 body shall be composed of consumersenrollees and members 7.31 elected by the enrollees and members from among the 7.32 enrollees and members. For purposes of this section, "member" 7.33 means a consumer who receives health care services through a 7.34 self-insured contract that is administered by the health 7.35 maintenance organization or its related third-party 7.36 administrator. The number of members elected to the governing 8.1 body shall not exceed the number of enrollees elected to the 8.2 governing body. An enrollee or member elected to the governing 8.3 board may not be a person (1) whose occupation involves, or 8.4 before retirement involved, the administration of health 8.5 activities or the provision of health services; (2) who is or 8.6 was employed by a health care facility as a licensed health 8.7 professional; or (3) who has or had a direct substantial 8.8 financial or managerial interest in the rendering of a health 8.9 service, other than the payment of a reasonable expense 8.10 reimbursement or compensation as a member of the board of a 8.11 health maintenance organization. 8.12 After a health maintenance organization which is a local 8.13 governmental unit has been authorized under sections 62D.01 to 8.14 62D.30 for one year, an enrollee advisory body shall be 8.15 established. The enrollees who make up this advisory body shall 8.16 be elected by the enrollees from among the enrollees. 8.17 Sec. 7. Minnesota Statutes 1996, section 62D.07, 8.18 subdivision 3, is amended to read: 8.19 Subd. 3. Contracts and evidences of coverage shall contain: 8.20 (a) No provisions or statements which are unjust, unfair, 8.21 inequitable, misleading, deceptive, or which are untrue, 8.22 misleading, or deceptive as defined in section 62D.12, 8.23 subdivision 1; and8.24 (b) A clear, concise and complete statement of: 8.25 (1) the health care services and the insurance or other 8.26 benefits, if any, to which the enrollee is entitled under the 8.27 health maintenance contract; 8.28 (2) any exclusions or limitations on the services, kind of 8.29 services, benefits, or kind of benefits, to be provided, 8.30 including any deductible or copayment feature and requirements 8.31 for referrals, prior authorizations, and second opinions; 8.32 (3) where and in what manner information is available as to 8.33 how services, including emergency and out of area services, may 8.34 be obtained; 8.35 (4) the total amount of payment and copayment, if any, for 8.36 health care services and the indemnity or service benefits, if 9.1 any, which the enrollee is obligated to pay with respect to 9.2 individual contracts, or an indication whether the plan is 9.3 contributory or noncontributory with respect to group 9.4 certificates; and 9.5 (5) a description of the health maintenance organization's 9.6 method for resolving enrollee complaints and a statement 9.7 identifying the commissioner as an external source with whom 9.8 grievancescomplaints may be registered .; and 9.9 (c) On the cover page of the evidence of coverage and 9.10 contract, a clear and complete statement of enrollees' rights as9.11 consumers. The statement must be in bold print and captioned 9.12 "Important ConsumerEnrollee Information and Enrollee Bill of 9.13 Rights" and must include but not be limited to the following 9.14 provisions in the following language or in substantially similar 9.15 language approved in advance by the commissioner, except that 9.16 paragraph (8) does not apply to prepaid health plans providing 9.17 coverage for programs administered by the commissioner of human 9.18 services: 9.19 CONSUMERENROLLEE INFORMATION 9.20 (1) COVERED SERVICES: Services provided by (name of health 9.21 maintenance organization) will be covered only if services are 9.22 provided by participating (name of health maintenance 9.23 organization) providers or authorized by (name of health 9.24 maintenance organization). Your contract fully defines what 9.25 services are covered and describes procedures you must follow to 9.26 obtain coverage. 9.27 (2) PROVIDERS: Enrolling in (name of health maintenance 9.28 organization) does not guarantee services by a particular 9.29 provider on the list of providers. When a provider is no longer 9.30 part of (name of health maintenance organization), you must 9.31 choose among remaining (name of the health maintenance 9.32 organization) providers. 9.33 (3) REFERRALS: Certain services are covered only upon 9.34 referral. See section (section number) of your contract for 9.35 referral requirements. All referrals to non-(name of health 9.36 maintenance organization) providers and certain types of health 10.1 care providers must be authorized by (name of health maintenance 10.2 organization). 10.3 (4) EMERGENCY SERVICES: Emergency services from providers 10.4 who are not affiliated with (name of health maintenance 10.5 organization) will be covered only if proper procedures are 10.6 followed. Your contract explains the procedures and benefits 10.7 associated with emergency care from (name of health maintenance 10.8 organization) and non-(name of health maintenance organization) 10.9 providers. 10.10 (5) EXCLUSIONS: Certain services or medical supplies are 10.11 not covered. You should read the contract for a detailed 10.12 explanation of all exclusions. 10.13 (6) CONTINUATION: You may convert to an individual health 10.14 maintenance organization contract or continue coverage under 10.15 certain circumstances. These continuation and conversion rights 10.16 are explained fully in your contract. 10.17 (7) CANCELLATION: Your coverage may be canceled by you or 10.18 (name of health maintenance organization) only under certain 10.19 conditions. Your contract describes all reasons for 10.20 cancellation of coverage. 10.21 (8) NEWBORN COVERAGE: If your health plan provides for 10.22 dependent coverage, a newborn infant is covered from birth, but 10.23 only if services are provided by participating (name of health 10.24 maintenance organization) providers or authorized by (name of 10.25 health maintenance organization). Certain services are covered 10.26 only upon referral. (Name of health maintenance organization) 10.27 will not automatically know of the infant's birth or that you 10.28 would like coverage under your plan. You should notify (name of 10.29 health maintenance organization) of the infant's birth and that 10.30 you would like coverage. If your contract requires an 10.31 additional premium for each dependent, (name of health 10.32 maintenance organization) is entitled to all premiums due from 10.33 the time of the infant's birth until the time you notify (name 10.34 of health maintenance organization) of the birth. (Name of 10.35 health maintenance organization) may withhold payment of any 10.36 health benefits for the newborn infant until any premiums you 11.1 owe are paid. 11.2 (9) PRESCRIPTION DRUGS AND MEDICAL EQUIPMENT: Enrolling in 11.3 (name of health maintenance organization) does not guarantee 11.4 that any particular prescription drug will be available nor that 11.5 any particular piece of medical equipment will be available, 11.6 even if the drug or equipment is available at the start of the 11.7 contract year. 11.8 ENROLLEE BILL OF RIGHTS 11.9 (1) Enrollees have the right to available and accessible 11.10 services including emergency services, as defined in your 11.11 contract, 24 hours a day and seven days a week; 11.12 (2) Enrollees have the right to be informed of health 11.13 problems, and to receive information regarding treatment 11.14 alternatives and risks which is sufficient to assure informed 11.15 choice; 11.16 (3) Enrollees have the right to refuse treatment, and the 11.17 right to privacy of medical and financial records maintained by 11.18 the health maintenance organization and its health care 11.19 providers, in accordance with existing law; 11.20 (4) Enrollees have the right to file a grievancecomplaint 11.21 with the health maintenance organization and the commissioner of 11.22 health and the right to initiate a legal proceeding when 11.23 experiencing a problem with the health maintenance organization 11.24 or its health care providers; 11.25 (5) Enrollees have the right to a grace period of 31 days 11.26 for the payment of each premium for an individual health 11.27 maintenance contract falling due after the first premium during 11.28 which period the contract shall continue in force; 11.29 (6) Medicare enrollees have the right to voluntarily 11.30 disenroll from the health maintenance organization and the right 11.31 not to be requested or encouraged to disenroll except in 11.32 circumstances specified in federal law; and 11.33 (7) Medicare enrollees have the right to a clear 11.34 description of nursing home and home care benefits covered by 11.35 the health maintenance organization. 11.36 Sec. 8. Minnesota Statutes 1996, section 62D.09, 12.1 subdivision 1, is amended to read: 12.2 Subdivision 1. (a) Any written marketing materials which 12.3 may be directed toward potential enrollees and which include a 12.4 detailed description of benefits provided by the health 12.5 maintenance organization shall include a statement of 12.6 consumerenrollee information and rights as described in section 12.7 62D.07, subdivision 3, paragraphs (b) and (c). Prior to any 12.8 oral marketing presentation, the agent marketing the plan must 12.9 inform the potential enrollees that any complaints concerning 12.10 the material presented should be directed to the health 12.11 maintenance organization, the commissioner of health, or, if 12.12 applicable, the employer. 12.13 (b) Detailed marketing materials must affirmatively 12.14 disclose all exclusions and limitations in the organization's 12.15 services or kinds of services offered to the contracting party, 12.16 including but not limited to the following types of exclusions 12.17 and limitations: 12.18 (1) health care services not provided; 12.19 (2) health care services requiring copayments or 12.20 deductibles paid by enrollees; 12.21 (3) the fact that access to health care services does not 12.22 guarantee access to a particular provider type; and 12.23 (4) health care services that are or may be provided only 12.24 by referral of a physician. 12.25 (c) No marketing materials may lead consumers to believe 12.26 that all health care needs will be covered. All marketing 12.27 materials must alert consumers to possible uncovered expenses 12.28 with the following language in bold print: "THIS HEALTH CARE 12.29 PLAN MAY NOT COVER ALL YOUR HEALTH CARE EXPENSES; READ YOUR 12.30 CONTRACT CAREFULLY TO DETERMINE WHICH EXPENSES ARE COVERED." 12.31 Immediately following the disclosure required under paragraph 12.32 (b), clause (3), consumers must be given a telephone number to 12.33 use to contact the health maintenance organization for specific 12.34 information about access to provider types. 12.35 (d) The disclosures required in paragraphs (b) and (c) are 12.36 not required on billboards or image, and name identification 13.1 advertisement. 13.2 Sec. 9. Minnesota Statutes 1996, section 62D.09, 13.3 subdivision 3, is amended to read: 13.4 Subd. 3. Every health maintenance organization or its 13.5 representative shall annually, before June 1, provide to its 13.6 enrollees the following: (1) a summary of its most recent 13.7 annual financial statement including a balance sheet and 13.8 statement of receipts and disbursements; (2) a description of 13.9 the health maintenance organization, its health care plan or 13.10 plans, its facilities and personnel, any material changes 13.11 therein since the last report; (3) the current evidence of 13.12 coverage or contract; and (4) a statement of consumerenrollee 13.13 information and rights as described in section 62D.07, 13.14 subdivision 3, paragraph (c). 13.15 Sec. 10. Minnesota Statutes 1996, section 62D.09, 13.16 subdivision 8, is amended to read: 13.17 Subd. 8. Each health maintenance organization shall issue 13.18 a membership card to its enrollees. The membership card must: 13.19 (1) identify the health maintenance organization; 13.20 (2) include the name, address, and telephone number to call 13.21 if the enrollerenrollee has a complaint; 13.22 (3) include the telephone number to call or the instruction 13.23 on how to receive authorization for emergency care; and 13.24 (4) include one of the following: 13.25 (i) the telephone number to call to appeal to or file a 13.26 complaint with the commissioner of health .; or 13.27 (ii) for persons enrolled under section 256.9363, 256B.69, 13.28 or 256D.03, the telephone number to call to file a complaint 13.29 with the ombudsperson designated by the commissioner of human 13.30 services under section 256B.69 and the address to appeal to the 13.31 commissioner of human services. The ombudsperson shall annually 13.32 provide the commissioner of health with a summary of complaints 13.33 and actions taken. 13.34 Sec. 11. Minnesota Statutes 1996, section 62D.102, is 13.35 amended to read: 13.36 62D.102 [FAMILY THERAPY.] 14.1 (a) In addition to minimum requirements established in14.2 other sections, all group health maintenance contracts providing14.3 benefits for mental or nervous disorder treatments in a hospital14.4 shall also provide coverage for at least ten hours of treatment14.5 over a 12-month period with a copayment not to exceed the14.6 greater of $10 or 20 percent of the applicable usual and14.7 customary charge for mental or nervous disorder consultation,14.8 diagnosis and treatment services delivered while the enrollee is14.9 not a bed patient in a hospital and at least 75 percent of the14.10 cost of the usual and customary charges for any additional hours14.11 of ambulatory mental health treatment during the same 12-month14.12 benefit period for serious or persistent mental or nervous14.13 disorders. Prior authorization may be required for an extension14.14 of coverage beyond ten hours of treatment. This prior14.15 authorization must be based upon the severity of the disorder,14.16 the patient's risk of deterioration without ongoing treatment14.17 and maintenance, degree of functional impairment, and a concise14.18 treatment plan. Authorization for extended treatment may be14.19 limited to a maximum of 30 visit hours during any 12-month14.20 benefit period.14.21 (b) For purposes of this section,Covered treatment for a 14.22 minor includes treatment for the family if family therapy is 14.23 recommended by a health maintenance organization provider. For 14.24 purposes of determining benefits under this section, "hours of 14.25 treatment" means treatment rendered on an individual or 14.26 single-family basis. If treatment is rendered on a group basis, 14.27 the hours of covered group treatment must be provided at a ratio 14.28 of no less than two group treatment sessions to one individual 14.29 treatment hour. For a health maintenance contract that is 14.30 offered as a companion to a health insurance subscriber 14.31 contract, the benefits for mental or nervous disorders must be 14.32 calculated in aggregate for the health maintenance contract and 14.33 the health insurance subscriber contract. 14.34 Sec. 12. Minnesota Statutes 1996, section 62D.11, 14.35 subdivision 1, is amended to read: 14.36 Subdivision 1. [ENROLLEE COMPLAINT SYSTEM.] Every health 15.1 maintenance organization shall establish and maintain a 15.2 complaint system, as required under section 62Q.105 to provide 15.3 reasonable procedures for the resolution of written complaints 15.4 initiated by or on behalf of enrollees concerning the provision 15.5 of health care services. "Provision of health services" 15.6 includes, but is not limited to, questions of the scope of 15.7 coverage, quality of care, and administrative operations. The 15.8 health maintenance organization must inform enrollees that they 15.9 may choose to use analternative dispute resolution processto 15.10 appeal a health maintenance organization's internal appeal 15.11 decision. If an enrollee chooses to use an alternative dispute 15.12 resolution process, the health maintenance organization must 15.13 participate. 15.14 Sec. 13. Minnesota Statutes 1996, section 62D.11, 15.15 subdivision 1b, is amended to read: 15.16 Subd. 1b. [EXPEDITED RESOLUTION OF COMPLAINTS ABOUT 15.17 URGENTLY NEEDED SERVICEMEDICALLY URGENT SERVICES.] In addition 15.18 to any remedy contained in subdivision 1a, when a complaint 15.19 involves a dispute about a health maintenance organization's 15.20 coverage of an immediately and urgently neededa medically 15.21 urgent service, the commissioner may also order the health 15.22 maintenance organization to use an expedited system to process 15.23 the complaint. 15.24 Sec. 14. Minnesota Statutes 1996, section 62D.11, 15.25 subdivision 3, is amended to read: 15.26 Subd. 3. [DENIAL OF SERVICECOVERAGE.] Within a reasonable 15.27 time after receiving an enrollee's written or oral communication 15.28 to the health maintenance organization concerning a refusal15.29 denial of servicecoverage or inadequacy of services, the health 15.30 maintenance organization shall provide the enrollee with a 15.31 written statement of the reason for the refusaldenial of 15.32 servicecoverage, and a statement approved by the commissioner 15.33 of health which explains the health maintenance organization 15.34 complaint procedures, and in the case of Medicare enrollees, 15.35 which also explains Medicare appeal procedures. 15.36 Sec. 15. Minnesota Statutes 1996, section 62D.12, is 16.1 amended by adding a subdivision to read: 16.2 Subd. 19. [COVERAGE OF SERVICE.] A health maintenance 16.3 organization may not deny or limit coverage of a service which 16.4 the enrollee has already received solely on the basis of lack of 16.5 prior authorization or second opinion, to the extent that the 16.6 service would otherwise have been covered under the member's 16.7 contract by the health maintenance organization had prior 16.8 authorization or second opinion been obtained. 16.9 Sec. 16. Minnesota Statutes 1996, section 62D.20, 16.10 subdivision 2, is amended to read: 16.11 Subd. 2. [PRIOR AUTHORIZATION.] The commissioner shall 16.12 adopt rules that address the issue of appropriate prior 16.13 authorization requirements, considering consumerenrollee needs, 16.14 administrative concerns, and the nature of the benefit. 16.15 Sec. 17. Minnesota Statutes 1996, section 62J.60, 16.16 subdivision 3, is amended to read: 16.17 Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following 16.18 are the minimum human readable data elements that must be 16.19 present on the front side of the Minnesota health care 16.20 identification card: 16.21 (1) card issuer name or logo, which is the name or logo 16.22 that identifies the card issuer. The card issuer name or logo 16.23 may be the card's front background. No standard label is 16.24 required for this data element; 16.25 (2) claim submission number. The standardized label for 16.26 this element is "Clm Subm #"; 16.27 (3) identification number, which is the unique 16.28 identification number of the individual card holder established 16.29 and defined under this section. The standardized label for the 16.30 data element is "ID"; 16.31 (4) identification name, which is the name of the 16.32 individual card holder. The identification name must be 16.33 formatted as follows: first name, space, optional middle 16.34 initial, space, last name, optional space and name suffix. The 16.35 standardized label for this data element is "Name"; 16.36 (5) account number(s), which is any other number, such as a 17.1 group number, if required for part of the identification or 17.2 claims process. The standardized label for this data element is 17.3 "Account"; 17.4 (6) care type, which is the description of the group 17.5 purchaser's plan product under which the beneficiary is 17.6 covered. The description shall include the health plan company 17.7 name and the plan or product name. The standardized label for 17.8 this data element is "Care Type"; 17.9 (7) service type, which is the description of coverage 17.10 provided such as hospital, dental, vision, prescription, or 17.11 mental health. The standard label for this data element is "Svc 17.12 Type"; and 17.13 (8) provider/clinic name, which is the name of the primary 17.14 care clinic the card holder is assigned to by the health plan 17.15 company. The standard label for this field is "PCP." This 17.16 information is mandatory only if the health plan company assigns 17.17 a specific primary care provider to the card holder. 17.18 (b) The following human readable data elements shall be 17.19 present on the back side of the Minnesota health identification 17.20 card. These elements must be left justified, and no optional 17.21 data elements may be interspersed between them: 17.22 (1) claims submission name(s) and address(es), which are 17.23 the name(s) and address(es) of the entity or entities to which 17.24 claims should be submitted. If different destinations are 17.25 required for different types of claims, this must be 17.26 labeled; and 17.27 (2) telephone number(s) and name(s); which are the 17.28 telephone number(s) and name(s) of the following contact(s) with 17.29 a standardized label describing the service function as 17.30 applicable: 17.31 (i) eligibility and benefit information; 17.32 (ii) utilization review; 17.33 (iii) precertification; or 17.34 (iv) customer services. 17.35 (c) The following human readable data elements are 17.36 mandatory on the back side of the card for health maintenance 18.1 organizations and integrated service networks: 18.2 (1) emergency care authorization telephone number or 18.3 instruction on how to receive authorization for emergency care. 18.4 There is no standard label required for this information; and 18.5 (2) one of the following: 18.6 (i) telephone number to call to appeal to or file a 18.7 complaint with the commissioner of health; or 18.8 (ii) for persons enrolled under section 256.9363, 256B.69, 18.9 or 256D.03, the telephone number to call to file a complaint 18.10 with the ombudsperson designated by the commissioner of human 18.11 services under section 256B.69 and the address to appeal to the 18.12 commissioner of human services. There is no standard label 18.13 required for this information. 18.14 (d) All human readable data elements not required under 18.15 paragraphs (a) to (c) are optional and may be used at the 18.16 issuer's discretion. 18.17 Sec. 18. Minnesota Statutes 1996, section 62J.69, 18.18 subdivision 1, is amended to read: 18.19 Subdivision 1. [DEFINITIONS.] For purposes of this 18.20 section, the following definitions apply: 18.21 (a) "Medical education" means the accredited clinical 18.22 training of physicians (medical students and residents), doctor 18.23 of pharmacy practitioners, dentists, advanced practice nurses 18.24 (clinical nurse specialist, certified registered nurse 18.25 anesthetists, nurse practitioners, and certified nurse 18.26 midwives), and physician assistants. 18.27 (b) "Clinical training" means accredited training that is 18.28 funded and was historically funded in part by inpatient care 18.29 revenues and that occurs in both inpatient and ambulatory care 18.30 settings. 18.31 (c) "Trainee" means students involved in an accredited 18.32 clinical training program for medical education as defined in 18.33 paragraph (a). 18.34 (d) "Health care research" means approved clinical, 18.35 outcomes, and health services investigations that are funded by 18.36 patient out-of-pocket expenses or a third-party payer. 19.1 (e) "Commissioner" means the commissioner of health. 19.2 (f) "Teaching institutions" means any hospital, medical 19.3 center, clinic, or other organization that currently sponsors or 19.4 conducts accredited medical education programs or clinical 19.5 research in Minnesota. 19.6 Sec. 19. Minnesota Statutes 1996, section 144.125, is 19.7 amended to read: 19.8 144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.] 19.9 It is the duty of (1) the administrative officer or other 19.10 person in charge of each institution caring for infants 28 days 19.11 or less of age and, (2) the person required in pursuance of the 19.12 provisions of section 144.215, to register the birth of a child, 19.13 or (3) the nurse midwife or midwife in attendance at the birth, 19.14 to causearrange to have administered to every infant or child 19.15 in its care tests for hemoglobinopathy, phenylketonuria, and19.16 otherinborn errors of metabolism in accordance with rules 19.17 prescribed by the state commissioner of health. In determining 19.18 which tests must be administered, the commissioner shall take 19.19 into consideration the adequacy of laboratory methods to detect 19.20 the inborn metabolic error, the ability to treat or prevent 19.21 medical conditions caused by the inborn metabolic error, and the 19.22 severity of the medical conditions caused by the inborn 19.23 metabolic error. Testing and the recording and reporting of the19.24 test results of the testsshall be performed at the times and in 19.25 the manner prescribed by the commissioner of health. The 19.26 commissioner shall charge laboratory service fees for conducting19.27 the tests of infants for inborn metabolic errorsso that the 19.28 total of fees collected will approximate the costs of conducting 19.29 the tests. Costs associated with capital expenditures and the 19.30 development of new procedures may be prorated over a three-year 19.31 period when calculating the amount of the fees. 19.32 Sec. 20. Minnesota Statutes 1996, section 144.215, 19.33 subdivision 1, is amended to read: 19.34 Subdivision 1. [WHEN AND WHERE TO FILE.] A certificate of 19.35 birth for each live birth which occurs in this state shall be 19.36 filed with the state registrar or the local registrar of the 20.1 district in which the birth occurred, within five days after the 20.2 birth. 20.3 Sec. 21. Minnesota Statutes 1996, section 144.218, is 20.4 amended to read: 20.5 144.218 [ NEWREPLACEMENT CERTIFICATES OF BIRTH.] 20.6 Subdivision 1. [ADOPTION.] Upon receipt of a certified 20.7 copy of an order, decree, or certificate of adoption, the state 20.8 registrar shall register a supplementaryreplacement certificate 20.9 in the new name of the adopted person. The original certificate 20.10 of birth and the certified copy are confidential pursuant to 20.11 section 13.02, subdivision 3, and shall not be disclosed except 20.12 pursuant to court order or section 144.1761. A certified copy 20.13 of the original birth certificate from which the registration 20.14 number has been deleted and which has been marked "Not for 20.15 Official Use," or the information contained on the original 20.16 birth certificate, except for the registration number, shall be 20.17 provided on request to a parent who is named on the original 20.18 birth certificate. Upon the receipt of a certified copy of a 20.19 court order of annulment of adoption the state registrar shall 20.20 restore the original certificate to its original place in the 20.21 file. 20.22 Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 20.23 the adoption of a person who was born in a foreign country, the 20.24 court, upon evidence presented by the commissioner of human 20.25 services from information secured at the port of entry, or upon 20.26 evidence from other reliable sources, may make findings of fact 20.27 as to the date and place of birth and parentage. Upon receipt 20.28 of certified copies of the court findings and the order or 20.29 decree of adoption, the state registrar shall register a birth 20.30 certificate in the new name of the adopted person. The 20.31 certified copies of the court findings and the order or decree 20.32 of adoption are confidential, pursuant to section 13.02, 20.33 subdivision 3, and shall not be disclosed except pursuant to 20.34 court order or section 144.1761. The birth certificate shall 20.35 state the place of birth as specifically as possible, and that 20.36 the certificate is not evidence of United States citizenship. 21.1 Subd. 3. [SUBSEQUENT MARRIAGE OF BIRTH PARENTS.] If, in 21.2 cases in which a certificate of birth has been registered 21.3 pursuant to section 144.215 and the birth parents of the child 21.4 marry after the birth of the child, a newreplacement 21.5 certificate of birth shall be registered upon presentation of a 21.6 certified copy of the marriage certificate of the birth parents, 21.7 and either an acknowledgmenta recognition of parentage or court 21.8 adjudication of paternity. The information presented and the 21.9 original certificate of birth are confidential, pursuant to 21.10 section 13.02, subdivision 3, and shall not be disclosed except 21.11 pursuant to court order. 21.12 Subd. 4. [INCOMPLETE, INCORRECT, AND MODIFIED 21.13 CERTIFICATES.] If a court finds that a birth certificate is 21.14 incomplete, inaccurate or false, or if it is being issued 21.15 pursuant to section 259.10, subdivision 2, it may order the 21.16 registration of a newreplacement certificate, and, if 21.17 necessary, set forth the correct information in the order. Upon 21.18 receipt of the order the state registrar shall register a new21.19 replacement certificate containing the findings of the court, 21.20 and the prior certificate shall be confidential pursuant to 21.21 section 13.02, subdivision 3, and shall not be disclosed except 21.22 pursuant to court order. 21.23 Sec. 22. Minnesota Statutes 1996, section 144.664, 21.24 subdivision 3, is amended to read: 21.25 Subd. 3. [NOTIFICATION.] Within five days of receiving a 21.26 report of traumatic brain injury or spinal cord injury, the 21.27 commissioner shall notify the commissioner of economic21.28 security. The notification shall include the person's name and21.29 other identifying informationinjured person or the injured 21.30 person's family of resources and services available in 21.31 Minnesota, pursuant to section 144.662, clause (2). 21.32 Sec. 23. Minnesota Statutes 1996, section 144.665, is 21.33 amended to read: 21.34 144.665 [TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY 21.35 DATA.] 21.36 Data on individuals collected by the commissioner of health 22.1 under sections 144.662 to 144.664 or provided to the22.2 commissioner of economic security under section 144.664are 22.3 private data on individuals as defined in section 13.02, 22.4 subdivision 12, and may be used only for the purposes set forth 22.5 in sections 144.662 to 144.664 in accordance with the rules 22.6 adopted by the commissioner. 22.7 Sec. 24. Minnesota Statutes 1996, section 144.9501, is 22.8 amended by adding a subdivision to read: 22.9 Subd. 6a. [CHILD.] "Child" means an individual up to 72 22.10 months of age. 22.11 Sec. 25. Minnesota Statutes 1996, section 144.9501, 22.12 subdivision 29, is amended to read: 22.13 Subd. 29. [SWAB TEAM SERVICES.] "Swab team services" means 22.14 activities that provide protection from lead hazards such as: 22.15 (1) removing lead dust by washing, vacuuming with high 22.16 efficiency particle accumulator (HEPA) or wet vacuum cleaners, 22.17 and cleaning the interior of residential property; 22.18 (2) removing loose paint and paint chips and reporting22.19 repainting or installing guards to protect intact paint; 22.20 (3) covering or replacing bare soil that has a lead 22.21 concentration of 100 parts per million or more; 22.22 (4) health education; 22.23 (5) advice and assistance to help residents locate and move 22.24 to a temporary residence while lead hazard reduction is being 22.25 completed; or 22.26 (6) any other assistance necessary to meet the resident's 22.27 immediate needs as a result of the relocation. 22.28 Sec. 26. Minnesota Statutes 1996, section 144.9504, 22.29 subdivision 2, is amended to read: 22.30 Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall 22.31 conduct a lead inspection of a residence according to the venous 22.32 blood lead level and time frame set forth in clauses (1) 22.33 to (4)(5) for purposes of secondary prevention: 22.34 (1) within 48 hours of a child or pregnant female in the 22.35 residence being identified to the agency as having a venous 22.36 blood lead level equal to or greater than 70 micrograms of lead 23.1 per deciliter of whole blood; 23.2 (2) within five working days of a child or pregnant female 23.3 in the residence being identified to the agency as having a 23.4 venous blood lead level equal to or greater than 45 micrograms 23.5 of lead per deciliter of whole blood; 23.6 (3) within ten working days of a child or pregnant female23.7 in the residence being identified to the agency as having a 23.8 venous blood lead level equal to or greater than 20 micrograms 23.9 of lead per deciliter of whole blood; or23.10 (4) within ten working days of a child or pregnant female23.11 in the residence being identified to the agency as having a 23.12 venous blood lead level that persists in the range of 15 to 19 23.13 micrograms of lead per deciliter of whole blood for 90 days 23.14 after initial identification; or 23.15 (5) within ten working days of a pregnant female in the 23.16 residence being identified to the agency as having a venous 23.17 blood lead level equal to or greater than ten micrograms of lead 23.18 per deciliter of whole blood. 23.19 (b) Within the limits of available state and federal 23.20 appropriations, an inspecting agency may also conduct a lead 23.21 inspection for children with any elevated blood lead level. 23.22 (c) In a building with two or more dwelling units, an 23.23 inspecting agency shall inspect the individual unit in which the 23.24 conditions of this section are met and shall also inspect all 23.25 common areas. If a child visits one or more other sites such as 23.26 another residence, or a residential or commercial child care 23.27 facility, playground, or school, the inspecting agency shall 23.28 also inspect the other sites. The inspecting agency shall have 23.29 one additional day added to the time frame set forth in this 23.30 subdivision to complete the lead inspection for each additional 23.31 site. 23.32 (d) Within the limits of appropriations, the inspecting 23.33 agency shall identify the known addresses for the previous 12 23.34 months of the child or pregnant female with elevated blood lead 23.35 levels; notify the property owners, landlords, and tenants at 23.36 those addresses that an elevated blood lead level was found in a 24.1 person who resided at the property; and give them a copy of the 24.2 lead inspection guide. This information shall be classified as 24.3 private data on individuals as defined under section 13.02, 24.4 subdivision 12. 24.5 (e) The inspecting agency shall conduct the lead inspection 24.6 according to rules adopted by the commissioner under section 24.7 144.9508. An inspecting agency shall have lead inspections 24.8 performed by lead inspectors licensed by the commissioner 24.9 according to rules adopted under section 144.9508. If a 24.10 property owner refuses to allow an inspection, the inspecting 24.11 agency shall begin legal proceedings to gain entry to the 24.12 property and the time frame for conducting a lead inspection set 24.13 forth in this subdivision no longer applies. An inspector or 24.14 inspecting agency may observe the performance of lead hazard 24.15 reduction in progress and shall enforce the provisions of this 24.16 section under section 144.9509. Deteriorated painted surfaces, 24.17 bare soil, dust, and drinking water must be tested with 24.18 appropriate analytical equipment to determine the lead content, 24.19 except that deteriorated painted surfaces or bare soil need not 24.20 be tested if the property owner agrees to engage in lead hazard 24.21 reduction on those surfaces. 24.22 (f) A lead inspector shall notify the commissioner and the 24.23 board of health of all violations of lead standards under 24.24 section 144.9508, that are identified in a lead inspection 24.25 conducted under this section. 24.26 (g) Each inspecting agency shall establish an 24.27 administrative appeal procedure which allows a property owner to 24.28 contest the nature and conditions of any lead order issued by 24.29 the inspecting agency. Inspecting agencies must consider 24.30 appeals that propose lower cost methods that make the residence 24.31 lead safe. 24.32 (h) Sections 144.9501 to 144.9509 neither authorize nor 24.33 prohibit an inspecting agency from charging a property owner for 24.34 the cost of a lead inspection. 24.35 Sec. 27. Minnesota Statutes 1996, section 144.9506, 24.36 subdivision 1, is amended to read: 25.1 Subdivision 1. [LICENSE REQUIRED.] (a) A lead inspector 25.2 shall obtain a license before performing lead inspections and 25.3 shall renew it annually. The commissioner shall charge a fee 25.4 and require annual training, as specified in this section. A 25.5 lead inspector shall have the inspector's license readily 25.6 available at all times at an inspection site and make it 25.7 available, on request, for inspection by the inspecting agency 25.8 with jurisdiction over the site. A license shall not be 25.9 transferred. 25.10 (b) Individuals shall not advertise or otherwise present 25.11 themselves as lead inspectors unless licensed by the 25.12 commissioner. 25.13 (c) An individual may use sodium rhodizonate to test paint 25.14 for the presence of lead without obtaining a lead inspector 25.15 license, but must not represent the test as a lead inspection. 25.16 Sec. 28. Minnesota Statutes 1996, section 144.9506, 25.17 subdivision 5, is amended to read: 25.18 Subd. 5. [APPROVAL OF LEAD INSPECTION COURSE.] Until the 25.19 commissioner adopts rules under section 144.9508 to license lead 25.20 inspectors and approve lead inspector training courses, a lead 25.21 inspection course sponsored by a training course provider in one 25.22 of the regional lead training consortia established by the 25.23 United States Environmental Protection Agency is an approved 25.24 course for the purpose of this section, providing it covers the 25.25 criteria listed in section 144.9505. The commissioner shall25.26 evaluate for approval by permit lead inspector courses other25.27 than those approved by the United States Environmental25.28 Protection Agency.After adoption of rules under section 25.29 144.9508, all training courses offered for the purpose of 25.30 licensing individuals as lead inspectors must be reviewed and 25.31 approved by the commissioner. 25.32 Sec. 29. Minnesota Statutes 1996, section 144.99, 25.33 subdivision 9, is amended to read: 25.34 Subd. 9. [SUSPENSION OR REVOCATION OF PERMITS, LICENSES, 25.35 REGISTRATIONS, OR CERTIFICATES.] The commissioner may suspend, 25.36 place conditions on, or revoke a permit, license, registration, 26.1 or certificate issued under the statutes or rules cited in 26.2 subdivision 1 for: 26.3 (1) serious or repeated violations of the requirements in 26.4 the statutes, rules, or other actions listed in subdivision 1 26.5 that apply to the permit, license, registration, or certificate ,26.6 or if the applicant submitted; 26.7 (2) submitting false material information to the department 26.8 in connection with activities for which the permit, license, 26.9 registration, or certificate .is issued; 26.10 (3) allowing the alteration or use of one's own permit, 26.11 license, registration, or certificate by another; or 26.12 (4) within the previous five years, conviction of a crime 26.13 in connection with activities for which the permit, license, 26.14 registration, or certificate was issued. 26.15 Sec. 30. Minnesota Statutes 1996, section 144.99, 26.16 subdivision 10, is amended to read: 26.17 Subd. 10. [HEARINGS RELATED TO DENIAL, REFUSAL TO RENEW, 26.18 SUSPENSION, OR REVOCATION OF A PERMIT, LICENSE, REGISTRATION, OR 26.19 CERTIFICATE.] If the commissioner proposes to deny, refuses to 26.20 renew, suspends, or revokes a permit, license, registration, or 26.21 certificate under subdivision 8 or 9, the commissioner must 26.22 first notify, in writing, the person against whom the action is 26.23 proposed to be taken and provide the person an opportunity to 26.24 request a hearing under the contested case provisions of chapter 26.25 14. If the person does not request a hearing by notifying the 26.26 commissioner within 20 days after receipt of the notice of 26.27 proposed action, the commissioner may proceed with the action 26.28 without a hearing. This subdivision does not apply to: 26.29 (1) the denial of or refusal to renew a permit, license, 26.30 registration, or certificate based on the applicant's failure to 26.31 meet or maintain the minimum qualifications for holding the 26.32 permit, license, registration, or certificate; or 26.33 (2) the denial of, refusal to renew, suspension of, or 26.34 revocation of a permit, license, registration, or certificate if 26.35 the person against whom the action is proposed to be taken has 26.36 been granted a hearing under this subdivision within the 27.1 previous 12 months. 27.2 Sec. 31. Minnesota Statutes 1996, section 257.73, is 27.3 amended to read: 27.4 257.73 [BIRTH RECORDS.] 27.5 Subdivision 1. Upon compliance with the provisions of 27.6 section 257.55, subdivision 1, paragraph (e), 257.75, or upon 27.7 order of a court of this state or upon request of a court of 27.8 another state, the state or local registrar of vital statistics 27.9 shall prepare a newreplacement certificate of birth consistent 27.10 with the acknowledgment or the findings of the court and shall 27.11 substitute the newreplacement certificate for the original 27.12 certificate of birth. 27.13 Subd. 2. The fact that the father and child relationship 27.14 was declared after the child's birth shall not be ascertainable 27.15 from the newreplacement certificate but the actual place and 27.16 date of birth shall be shown. 27.17 Subd. 3. The evidence upon which the newreplacement 27.18 certificate was made and the original birth certificate shall be 27.19 kept in a sealed and confidential file and be subject to 27.20 inspection only upon consent of the court and all interested 27.21 persons, or in exceptional cases only upon an order of the court 27.22 for good cause shown. 27.23 Sec. 32. Minnesota Statutes 1996, section 326.71, 27.24 subdivision 4, is amended to read: 27.25 Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work" 27.26 means the enclosure, removal, or encapsulation of 27.27 asbestos-containing material in a quantity that meets or exceeds 27.28 260 lineal feet of friable asbestos-containing material on 27.29 pipes, 160 square feet of friable asbestos-containing material 27.30 on other facility components, or, if linear feet or square feet 27.31 cannot be measured, a total of 35 cubic feet of friable 27.32 asbestos-containing material on or off all facility components 27.33 in one facility. In the case of single or multifamily 27.34 residences, "asbestos-related work" also means the enclosure, 27.35 removal, or encapsulation of greater than ten but less than 260 27.36 lineallinear feet of friable asbestos-containing material on 28.1 pipes or ducts or, greater than six but less than 160 square 28.2 feet of friable asbestos-containing material on other facility 28.3 components, or, if linear feet or square feet cannot be 28.4 measured, greater than one cubic foot but less than 35 cubic 28.5 feet of friable asbestos-containing material on or off all 28.6 facility components in one facility. This provision excludes 28.7 asbestos-containing floor tiles and sheeting, roofing materials, 28.8 siding, and all ceilings with asbestos-containing material in 28.9 single family residences and buildings with no more than four 28.10 dwelling units. Asbestos-related work includes asbestos 28.11 abatement area preparation; enclosure, removal, or encapsulation 28.12 operations; and an air quality monitoring specified in rule to 28.13 assure that the abatement and adjacent areas are not 28.14 contaminated with asbestos fibers during the project and after 28.15 completion. 28.16 For purposes of this subdivision, the quantity of asbestos 28.17 containing material applies separately for every project. 28.18 Sec. 33. Minnesota Statutes 1996, section 326.71, 28.19 subdivision 6, is amended to read: 28.20 Subd. 6. [CONTRACTING ENTITY.] "Contracting entity" means 28.21 a public or private body, board, natural person, corporation, 28.22 partnership, proprietorship, joint venture, fund, authority, or 28.23 similar entity that contracts with a person to do 28.24 asbestos-related work or asbestos management activity for the 28.25 benefit of the contracting entity. 28.26 Sec. 34. Minnesota Statutes 1996, section 326.72, 28.27 subdivision 2, is amended to read: 28.28 Subd. 2. [DISPLAY OF LICENSE.] Licensees shall post a 28.29 project permit, obtained from the commissioner after compliance 28.30 with the provisions of section 326.74 and rules promulgated 28.31 under section 326.78, in a conspicuous place outside of the 28.32 asbestos abatementwork area. The actual license or a copy 28.33 shall be readily available at the work site for inspection by 28.34 the commissioner, other public officials charged with the 28.35 health, safety, and welfare of the state's citizens, and the 28.36 contracting entity. 29.1 Sec. 35. Minnesota Statutes 1996, section 326.74, is 29.2 amended to read: 29.3 326.74 [REPORTING ASBESTOS WORK.] 29.4 At least five calendar days before beginning any29.5 asbestos-related work,Written notice shall be given to the 29.6 commissioner of thean asbestos-related work project by the 29.7 person holding the license issued under section 326.72, 29.8 subdivision 1. Unless the project is an emergency project, the 29.9 notice shall be given to the commissioner at least five calendar 29.10 days before the project begins. The notice shall contain the 29.11 following information: 29.12 (1) a brief description of the work to be performed; 29.13 (2) the name of the contracting entity; 29.14 (3) the location and address of the project work site; 29.15 (4) the approximate duration of the project; 29.16 (5) the approximate amount of the asbestos involved in the 29.17 project; 29.18 (6) the name of any project manager; and 29.19 (7) other information required by the commissioner. 29.20 Sec. 36. Minnesota Statutes 1996, section 326.76, is 29.21 amended to read: 29.22 326.76 [DUTIES OF CONTRACTING ENTITIES.] 29.23 A contracting entity intending to have asbestos-related 29.24 work or asbestos management activity performed for its benefit 29.25 shall include in the specifications and contracts for the work a 29.26 requirement that the work be performed by contractors and 29.27 subcontractors licensed or certified by the commissioner under 29.28 sections 326.70 to 326.81 and in accordance with rules 29.29 prescribed by the commissioner related to asbestos29.30 abatementasbestos-related work and asbestos management 29.31 activity. No contracting entity shall allow asbestos-related 29.32 work or asbestos management activity to be performed for its 29.33 benefit unless it has seen that the person has a valid license 29.34 or certificate. A contracting entity's failure to comply with 29.35 this section does not relieve a person from any responsibilities 29.36 under sections 326.70 to 326.81. 30.1 Sec. 37. Minnesota Statutes 1996, section 326.78, 30.2 subdivision 1, is amended to read: 30.3 Subdivision 1. [RULEMAKING.] The commissioner shall adopt 30.4 and begin enforcement of rules necessary to implement sections 30.5 326.70 to 326.81. The rules adopted shall not be duplicative of 30.6 rules adopted by the commissioner of the department of labor and 30.7 industry. The rules shall include rules in the following areas: 30.8 (1) application, enclosure, removal, and encapsulation 30.9 procedures; 30.10 (2) license and certificate qualification requirements; 30.11 (3) examinations for obtaining a license and certificate; 30.12 (4) training necessary for individual certification; 30.13 (5) qualifications for managers of asbestos30.14 abatementasbestos-related work projects; 30.15 (6) abatementasbestos-related work and asbestos management 30.16 activity specifications; 30.17 (7) any contractor bonding and insurance requirements 30.18 deemed necessary by the commissioner; 30.19 (8) license and certificate issuance and revocation 30.20 procedures; 30.21 (9) suspension or revocation of licenses or certificates; 30.22 (10) license and certificate suspension and revocation 30.23 criteria; 30.24 (11) cleanup standards; 30.25 (12) continuing education requirements; and 30.26 (13) other rules necessary to implement sections 326.70 to 30.27 326.81. 30.28 Sec. 38. Minnesota Statutes 1996, section 326.785, is 30.29 amended to read: 30.30 326.785 [ASBESTOS CONTAINMENT BARRIERS.] 30.31 Notwithstanding Minnesota Rules, part 4620.3500, subpart 4,30.32 item B, subitem (5)4620.3568, subparts 1 to 4, containment 30.33 barriers, in the case of tunnel abatement enclosures, are 30.34 limited to double critical barriers. 30.35 Sec. 39. [CONFORMANCE WITH FEDERAL REGULATIONS.] 30.36 The commissioner of health shall amend Minnesota Rules, 31.1 chapter 4761, as needed to conform with federal regulations, and 31.2 shall perform any procedural steps necessary to obtain 31.3 authorization to administer the regulations in Code of Federal 31.4 Regulations, title 40, part 745 (1996), adopted by the United 31.5 States Environmental Protection Agency to implement the 31.6 requirements of title X of the federal Residential Lead-Based 31.7 Paint Hazard Reduction Act of 1992, Public Law Number 102-550, 31.8 106 Statutes at Large 3897. 31.9 Sec. 40. [REPEALER.] 31.10 (a) Minnesota Statutes 1996, sections 62D.03, subdivision 31.11 2; and 62D.11, subdivision 4, are repealed. 31.12 (b) Minnesota Rules, part 4600.3900, is repealed. 31.13 (c) Laws 1988, chapter 495, section 1, is repealed. 31.14 Sec. 41. [EFFECTIVE DATE.] 31.15 Section 19 is effective the day following final enactment.