1st 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; providing for the expiration of 1.5 certain advisory and work groups; modifying vital 1.6 statistics provisions; modifying asbestos abatement 1.7 provisions; modifying provisions relating to traumatic 1.8 brain injury and spinal cord injury notification and 1.9 data; modifying licensing requirements for elderly 1.10 housing with services; modifying provisions for 1.11 hearings related to permitting, licensing, 1.12 registration, and certification; modifying revocation 1.13 and suspension provisions for permits, licenses, 1.14 registration, and certifications; modifying provisions 1.15 for testing infants for inborn metabolic errors; 1.16 modifying medical education and research costs trust 1.17 fund provisions; requiring conformance with federal 1.18 regulations; amending Minnesota Statutes 1996, 1.19 sections 62D.02, subdivision 10; 62D.03, subdivisions 1.20 3 and 4; 62D.04, subdivision 3; 62D.042, subdivision 1.21 3; 62D.06, subdivision 1; 62D.07, subdivision 3; 1.22 62D.09, subdivisions 1, 3, and 8; 62D.102; 62D.11, 1.23 subdivisions 1, 1b, and 3; 62D.12, by adding a 1.24 subdivision; 62D.20, subdivision 2; 62J.15, by adding 1.25 a subdivision; 62J.60, subdivision 3; 62J.69, 1.26 subdivision 1; 62Q.03, subdivision 5a; 144.125; 1.27 144.215, subdivision 1; 144.218; 144.664, subdivision 1.28 3; 144.665; 144.672, subdivision 1; 144.9501, 1.29 subdivision 29, and by adding a subdivision; 144.9504, 1.30 subdivision 2; 144.9506, subdivisions 1 and 5; 144.99, 1.31 subdivisions 9 and 10; 257.73; 326.71, subdivisions 4 1.32 and 6; 326.72, subdivision 2; 326.74; 326.76; 326.78, 1.33 subdivision 1; and 326.785; repealing Minnesota 1.34 Statutes 1996, sections 62D.03, subdivision 2; and 1.35 62D.11, subdivision 4; Laws 1988, chapter 495, section 1.36 1; Minnesota Rules, part 4600.3900. 1.37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.38 Section 1. Minnesota Statutes 1996, section 62D.02, 1.39 subdivision 10, is amended to read: 1.40 Subd. 10. "Consumer" means any personother than a person1.41(a) whose occupation involves, or before retirement involved,2.1the administration of health activities or the providing of2.2health services; (b) who is, or ever was, employed by a health2.3care facility, as a licensed health professional; or (c) who2.4has, or ever had, a direct, substantial financial or managerial2.5interest in the rendering of health service other than the2.6payment of reasonable expense reimbursement or compensation as a2.7member of the board of a health maintenance organization, 2.8 including an enrollee, to whom a health maintenance organization 2.9 directs marketing materials. 2.10 Sec. 2. Minnesota Statutes 1996, section 62D.03, 2.11 subdivision 3, is amended to read: 2.12 Subd. 3. The commissioner of health may require any person 2.13 providing physician and hospital services with payments made in 2.14 the manner set forth in section 62D.02, subdivision 4, to apply 2.15 for a certificate of authority under sections 62D.01 to 62D.30. 2.16 An applicant may continue to operate until the commissioner of 2.17 health acts upon the application. In the event that an 2.18 application is denied, the applicant shall henceforth be treated 2.19 as a health maintenance organization whose certificate of 2.20 authority has been revoked. Any person directed to apply for a 2.21 certificate of authority shall be subject to the provisions 2.22 of this subdivision2. 2.23 Sec. 3. Minnesota Statutes 1996, section 62D.03, 2.24 subdivision 4, is amended to read: 2.25 Subd. 4. Each application for a certificate of authority 2.26 shall be verified by an officer or authorized representative of 2.27 the applicant, and shall be in a form prescribed by the 2.28 commissioner of health. Each application shall include the 2.29 following: 2.30 (a) a copy of the basic organizational document, if any, of 2.31 the applicant and of each major participating entity; such as 2.32 the articles of incorporation, or other applicable documents, 2.33 and all amendments thereto; 2.34 (b) a copy of the bylaws, rules and regulations, or similar 2.35 document, if any, and all amendments thereto which regulate the 2.36 conduct of the affairs of the applicant and of each major 3.1 participating entity; 3.2 (c) a list of the names, addresses, and official positions 3.3 of the following: 3.4 (1) all members of the board of directors, or governing 3.5 body of the local government unit, and the principal officers 3.6 and shareholders of the applicant organization; and 3.7 (2) all members of the board of directors, or governing 3.8 body of the local government unit, and the principal officers of 3.9 the major participating entity and each shareholder beneficially 3.10 owning more than ten percent of any voting stock of the major 3.11 participating entity; 3.12 The commissioner may by rule identify persons included in 3.13 the term "principal officers"; 3.14 (d) a full disclosure of the extent and nature of any 3.15 contract or financial arrangements between the following: 3.16 (1) the health maintenance organization and the persons 3.17 listed in clause (c)(1); 3.18 (2) the health maintenance organization and the persons 3.19 listed in clause (c)(2); 3.20 (3) each major participating entity and the persons listed 3.21 in clause (c)(1) concerning any financial relationship with the 3.22 health maintenance organization; and 3.23 (4) each major participating entity and the persons listed 3.24 in clause (c)(2) concerning any financial relationship with the 3.25 health maintenance organization; 3.26 (e) the name and address of each participating entity and 3.27 the agreed upon duration of each contract or agreement; 3.28 (f) a copy of the form of each contract binding the 3.29 participating entities and the health maintenance organization. 3.30 Contractual provisions shall be consistent with the purposes of 3.31 sections 62D.01 to 62D.30, in regard to the services to be 3.32 performed under the contract, the manner in which payment for 3.33 services is determined, the nature and extent of 3.34 responsibilities to be retained by the health maintenance 3.35 organization, the nature and extent of risk sharing permissible, 3.36 and contractual termination provisions; 4.1 (g) a copy of each contract binding major participating 4.2 entities and the health maintenance organization. Contract 4.3 information filed with the commissioner shall be confidential 4.4 and subject to the provisions of section 13.37, subdivision 1, 4.5 clause (b), upon the request of the health maintenance 4.6 organization. 4.7 Upon initial filing of each contract, the health 4.8 maintenance organization shall file a separate document 4.9 detailing the projected annual expenses to the major 4.10 participating entity in performing the contract and the 4.11 projected annual revenues received by the entity from the health 4.12 maintenance organization for such performance. The commissioner 4.13 shall disapprove any contract with a major participating entity 4.14 if the contract will result in an unreasonable expense under 4.15 section 62D.19. The commissioner shall approve or disapprove a 4.16 contract within 30 days of filing. 4.17 Within 120 days of the anniversary of the implementation of 4.18 each contract, the health maintenance organization shall file a 4.19 document detailing the actual expenses incurred and reported by 4.20 the major participating entity in performing the contract in the 4.21 preceding year and the actual revenues received from the health 4.22 maintenance organization by the entity in payment for the 4.23 performance.; 4.24Contracts implemented prior to April 25, 1984, shall be4.25filed within 90 days of April 25, 1984. These contracts are4.26subject to the provisions of section 62D.19, but are not subject4.27to the prospective review prescribed by this clause, unless or4.28until the terms of the contract are modified. Commencing with4.29the next anniversary of the implementation of each of these4.30contracts immediately following filing, the health maintenance4.31organization shall, as otherwise required by this subdivision,4.32file annual actual expenses and revenues;4.33 (h) a statement generally describing the health maintenance 4.34 organization, its health maintenance contracts and separate 4.35 health service contracts, facilities, and personnel, including a 4.36 statement describing the manner in which the applicant proposes 5.1 to provide enrollees with comprehensive health maintenance 5.2 services and separate health services; 5.3 (i) a copy of the form of each evidence of coverage to be 5.4 issued to the enrollees; 5.5 (j) a copy of the form of each individual or group health 5.6 maintenance contract and each separate health service contract 5.7 which is to be issued to enrollees or their representatives; 5.8 (k) financial statements showing the applicant's assets, 5.9 liabilities, and sources of financial support. If the 5.10 applicant's financial affairs are audited by independent 5.11 certified public accountants, a copy of the applicant's most 5.12 recent certified financial statement may be deemed to satisfy 5.13 this requirement; 5.14 (l) a description of the proposed method of marketing the 5.15 plan, a schedule of proposed charges, and a financial plan which 5.16 includes a three-year projection of the expenses and income and 5.17 other sources of future capital; 5.18 (m) a statement reasonably describing the geographic area 5.19 or areas to be served and the type or types of enrollees to be 5.20 served; 5.21 (n) a description of the complaint procedures to be 5.22 utilized as required under section 62D.11; 5.23 (o) a description of the procedures and programs to be 5.24 implemented to meet the requirements of section 62D.04, 5.25 subdivision 1, clauses (b) and (c) and to monitor the quality of 5.26 health care provided to enrollees; 5.27 (p) a description of the mechanism by which enrollees will 5.28 be afforded an opportunity to participate in matters of policy 5.29 and operation under section 62D.06; 5.30 (q) a copy of any agreement between the health maintenance 5.31 organization and an insurer or nonprofit health service 5.32 corporation regarding reinsurance, stop-loss coverage, 5.33 insolvency coverage, or any other type of coverage for potential 5.34 costs of health services, as authorized in sections 62D.04, 5.35 subdivision 1, clause (f), 62D.05, subdivision 3, and 62D.13; 5.36 (r) a copy of the conflict of interest policy which applies 6.1 to all members of the board of directors and the principal 6.2 officers of the health maintenance organization, as described in 6.3 section 62D.04, subdivision 1, paragraph (g). All currently 6.4 licensed health maintenance organizations shall also file a 6.5 conflict of interest policy with the commissioner within 60 days 6.6 after August 1, 1990, or at a later date if approved by the 6.7 commissioner; 6.8 (s) a copy of the statement that describes the health 6.9 maintenance organization's prior authorization administrative 6.10 procedures; 6.11 (t) a copy of the agreement between the guaranteeing 6.12 organization and the health maintenance organization, as 6.13 described in section 62D.043, subdivision 6; and 6.14 (u) other information as the commissioner of health may 6.15 reasonably require to be provided. 6.16 Sec. 4. Minnesota Statutes 1996, section 62D.04, 6.17 subdivision 3, is amended to read: 6.18 Subd. 3. Except as provided in section 62D.03, subdivision 6.19 2, no person who has not been issued a certificate of authority 6.20 shall use the words "health maintenance organization" or the 6.21 initials "HMO" in its name, contracts or literature. Provided, 6.22 however, that persons who are operating under a contract with, 6.23 operating in association with, enrolling enrollees for, or 6.24 otherwise authorized by a health maintenance organization 6.25 licensed under sections 62D.01 to 62D.30 to act on its behalf 6.26 may use the terms "health maintenance organization" or "HMO" for 6.27 the limited purpose of denoting or explaining their association 6.28 or relationship with the authorized health maintenance 6.29 organization. No health maintenance organization which has a 6.30 minority ofconsumersenrollees and members elected according to 6.31 section 62D.06, subdivision 1, as members of its board of 6.32 directors shall use the words "consumer controlled" in its name 6.33 or in any way represent to the public that it is controlled by 6.34 consumers. 6.35 Sec. 5. Minnesota Statutes 1996, section 62D.042, 6.36 subdivision 3, is amended to read: 7.1 Subd. 3. [PHASE-IN FOREXISTING ORGANIZATIONS.](a)7.2Organizations that obtained a certificate of authority on or7.3before April 25, 1988, have until December 31, 1993, to7.4establish a net worth of at least 8-1/3 percent of the sum of7.5all expenses incurred during the previous calendar year, or7.6$1,000,000, whichever is greater.7.7(b) By December 31, 1989, organizations shall have a net7.8worth of at least one-fifth of 8-1/3 percent of the sum of all7.9expenses incurred during the previous calendar year, or7.10$1,000,000, whichever is greater.7.11(c) By December 31, 1990, organizations shall have a net7.12worth of at least two-fifths of 8-1/3 percent of the sum of all7.13expenses incurred during the previous calendar year, or7.14$1,000,000, whichever is greater.7.15(d) By December 31, 1991, organizations shall have a net7.16worth of at least three-fifths of 8-1/3 percent of the sum of7.17all expenses incurred during the previous calendar year, or7.18$1,000,000, whichever is greater.7.19(e) By December 31, 1992, organizationsEach organization 7.20 shall have a net worth of at least four-fifths of 8-1/3 percent 7.21 of the sum of all expenses incurred during the previous calendar 7.22 year, or $1,000,000, whichever is greater. 7.23 Sec. 6. Minnesota Statutes 1996, section 62D.06, 7.24 subdivision 1, is amended to read: 7.25 Subdivision 1. The governing body of any health 7.26 maintenance organization which is a nonprofit corporation may 7.27 include enrollees, providers, or other individuals; provided, 7.28 however, that after a health maintenance organization which is a 7.29 nonprofit corporation has been authorized under sections 62D.01 7.30 to 62D.30 for one year, at least 40 percent of the governing 7.31 body shall be composed ofconsumersenrollees and members 7.32 elected by the enrollees and members from among the 7.33 enrollees and members. For purposes of this section, "member" 7.34 means a consumer who receives health care services through a 7.35 self-insured contract that is administered by the health 7.36 maintenance organization or its related third-party 8.1 administrator. The number of members elected to the governing 8.2 body shall not exceed the number of enrollees elected to the 8.3 governing body. An enrollee or member elected to the governing 8.4 board may not be a person (1) whose occupation involves, or 8.5 before retirement involved, the administration of health 8.6 activities or the provision of health services; (2) who is or 8.7 was employed by a health care facility as a licensed health 8.8 professional; or (3) who has or had a direct substantial 8.9 financial or managerial interest in the rendering of a health 8.10 service, other than the payment of a reasonable expense 8.11 reimbursement or compensation as a member of the board of a 8.12 health maintenance organization. 8.13 After a health maintenance organization which is a local 8.14 governmental unit has been authorized under sections 62D.01 to 8.15 62D.30 for one year, an enrollee advisory body shall be 8.16 established. The enrollees who make up this advisory body shall 8.17 be elected by the enrollees from among the enrollees. 8.18 Sec. 7. Minnesota Statutes 1996, section 62D.07, 8.19 subdivision 3, is amended to read: 8.20 Subd. 3. Contracts and evidences of coverage shall contain: 8.21 (a) No provisions or statements which are unjust, unfair, 8.22 inequitable, misleading, deceptive, or which are untrue, 8.23 misleading, or deceptive as defined in section 62D.12, 8.24 subdivision 1;and8.25 (b) A clear, concise and complete statement of: 8.26 (1) the health care services and the insurance or other 8.27 benefits, if any, to which the enrollee is entitled under the 8.28 health maintenance contract; 8.29 (2) any exclusions or limitations on the services, kind of 8.30 services, benefits, or kind of benefits, to be provided, 8.31 including any deductible or copayment feature and requirements 8.32 for referrals, prior authorizations, and second opinions; 8.33 (3) where and in what manner information is available as to 8.34 how services, including emergency and out of area services, may 8.35 be obtained; 8.36 (4) the total amount of payment and copayment, if any, for 9.1 health care services and the indemnity or service benefits, if 9.2 any, which the enrollee is obligated to pay with respect to 9.3 individual contracts, or an indication whether the plan is 9.4 contributory or noncontributory with respect to group 9.5 certificates; and 9.6 (5) a description of the health maintenance organization's 9.7 method for resolving enrollee complaints and a statement 9.8 identifying the commissioner as an external source with whom 9.9grievancescomplaints may be registered.; and 9.10 (c) On the cover page of the evidence of coverage and 9.11 contract, a clear and complete statement of enrollees' rightsas9.12consumers. The statement must be in bold print and captioned 9.13 "ImportantConsumerEnrollee Information and Enrollee Bill of 9.14 Rights" and must include but not be limited to the following 9.15 provisions in the following language or in substantially similar 9.16 language approved in advance by the commissioner, except that 9.17 paragraph (8) does not apply to prepaid health plans providing 9.18 coverage for programs administered by the commissioner of human 9.19 services: 9.20CONSUMERENROLLEE INFORMATION 9.21 (1) COVERED SERVICES: Services provided by (name of health 9.22 maintenance organization) will be covered only if services are 9.23 provided by participating (name of health maintenance 9.24 organization) providers or authorized by (name of health 9.25 maintenance organization). Your contract fully defines what 9.26 services are covered and describes procedures you must follow to 9.27 obtain coverage. 9.28 (2) PROVIDERS: Enrolling in (name of health maintenance 9.29 organization) does not guarantee services by a particular 9.30 provider on the list of providers. When a provider is no longer 9.31 part of (name of health maintenance organization), you must 9.32 choose among remaining (name of the health maintenance 9.33 organization) providers. 9.34 (3) REFERRALS: Certain services are covered only upon 9.35 referral. See section (section number) of your contract for 9.36 referral requirements. All referrals to non-(name of health 10.1 maintenance organization) providers and certain types of health 10.2 care providers must be authorized by (name of health maintenance 10.3 organization). 10.4 (4) EMERGENCY SERVICES: Emergency services from providers 10.5 who are not affiliated with (name of health maintenance 10.6 organization) will be covered only if proper procedures are 10.7 followed. Your contract explains the procedures and benefits 10.8 associated with emergency care from (name of health maintenance 10.9 organization) and non-(name of health maintenance organization) 10.10 providers. 10.11 (5) EXCLUSIONS: Certain services or medical supplies are 10.12 not covered. You should read the contract for a detailed 10.13 explanation of all exclusions. 10.14 (6) CONTINUATION: You may convert to an individual health 10.15 maintenance organization contract or continue coverage under 10.16 certain circumstances. These continuation and conversion rights 10.17 are explained fully in your contract. 10.18 (7) CANCELLATION: Your coverage may be canceled by you or 10.19 (name of health maintenance organization) only under certain 10.20 conditions. Your contract describes all reasons for 10.21 cancellation of coverage. 10.22 (8) NEWBORN COVERAGE: If your health plan provides for 10.23 dependent coverage, a newborn infant is covered from birth, but 10.24 only if services are provided by participating (name of health 10.25 maintenance organization) providers or authorized by (name of 10.26 health maintenance organization). Certain services are covered 10.27 only upon referral. (Name of health maintenance organization) 10.28 will not automatically know of the infant's birth or that you 10.29 would like coverage under your plan. You should notify (name of 10.30 health maintenance organization) of the infant's birth and that 10.31 you would like coverage. If your contract requires an 10.32 additional premium for each dependent, (name of health 10.33 maintenance organization) is entitled to all premiums due from 10.34 the time of the infant's birth until the time you notify (name 10.35 of health maintenance organization) of the birth. (Name of 10.36 health maintenance organization) may withhold payment of any 11.1 health benefits for the newborn infant until any premiums you 11.2 owe are paid. 11.3 (9) PRESCRIPTION DRUGS AND MEDICAL EQUIPMENT: Enrolling in 11.4 (name of health maintenance organization) does not guarantee 11.5 that any particular prescription drug will be available nor that 11.6 any particular piece of medical equipment will be available, 11.7 even if the drug or equipment is available at the start of the 11.8 contract year. 11.9 ENROLLEE BILL OF RIGHTS 11.10 (1) Enrollees have the right to available and accessible 11.11 services including emergency services, as defined in your 11.12 contract, 24 hours a day and seven days a week; 11.13 (2) Enrollees have the right to be informed of health 11.14 problems, and to receive information regarding treatment 11.15 alternatives and risks which is sufficient to assure informed 11.16 choice; 11.17 (3) Enrollees have the right to refuse treatment, and the 11.18 right to privacy of medical and financial records maintained by 11.19 the health maintenance organization and its health care 11.20 providers, in accordance with existing law; 11.21 (4) Enrollees have the right to file agrievancecomplaint 11.22 with the health maintenance organization and the commissioner of 11.23 health and the right to initiate a legal proceeding when 11.24 experiencing a problem with the health maintenance organization 11.25 or its health care providers; 11.26 (5) Enrollees have the right to a grace period of 31 days 11.27 for the payment of each premium for an individual health 11.28 maintenance contract falling due after the first premium during 11.29 which period the contract shall continue in force; 11.30 (6) Medicare enrollees have the right to voluntarily 11.31 disenroll from the health maintenance organization and the right 11.32 not to be requested or encouraged to disenroll except in 11.33 circumstances specified in federal law; and 11.34 (7) Medicare enrollees have the right to a clear 11.35 description of nursing home and home care benefits covered by 11.36 the health maintenance organization. 12.1 Sec. 8. Minnesota Statutes 1996, section 62D.09, 12.2 subdivision 1, is amended to read: 12.3 Subdivision 1. (a) Any written marketing materials which 12.4 may be directed toward potential enrollees and which include a 12.5 detailed description of benefits provided by the health 12.6 maintenance organization shall include a statement of 12.7consumerenrollee information and rights as described in section 12.8 62D.07, subdivision 3, paragraphs (b) and (c). Prior to any 12.9 oral marketing presentation, the agent marketing the plan must 12.10 inform the potential enrollees that any complaints concerning 12.11 the material presented should be directed to the health 12.12 maintenance organization, the commissioner of health, or, if 12.13 applicable, the employer. 12.14 (b) Detailed marketing materials must affirmatively 12.15 disclose all exclusions and limitations in the organization's 12.16 services or kinds of services offered to the contracting party, 12.17 including but not limited to the following types of exclusions 12.18 and limitations: 12.19 (1) health care services not provided; 12.20 (2) health care services requiring copayments or 12.21 deductibles paid by enrollees; 12.22 (3) the fact that access to health care services does not 12.23 guarantee access to a particular provider type; and 12.24 (4) health care services that are or may be provided only 12.25 by referral of a physician. 12.26 (c) No marketing materials may lead consumers to believe 12.27 that all health care needs will be covered. All marketing 12.28 materials must alert consumers to possible uncovered expenses 12.29 with the following language in bold print: "THIS HEALTH CARE 12.30 PLAN MAY NOT COVER ALL YOUR HEALTH CARE EXPENSES; READ YOUR 12.31 CONTRACT CAREFULLY TO DETERMINE WHICH EXPENSES ARE COVERED." 12.32 Immediately following the disclosure required under paragraph 12.33 (b), clause (3), consumers must be given a telephone number to 12.34 use to contact the health maintenance organization for specific 12.35 information about access to provider types. 12.36 (d) The disclosures required in paragraphs (b) and (c) are 13.1 not required on billboards or image, and name identification 13.2 advertisement. 13.3 Sec. 9. Minnesota Statutes 1996, section 62D.09, 13.4 subdivision 3, is amended to read: 13.5 Subd. 3. Every health maintenance organization or its 13.6 representative shall annually, before June 1, provide to its 13.7 enrollees the following: (1) a summary of its most recent 13.8 annual financial statement including a balance sheet and 13.9 statement of receipts and disbursements; (2) a description of 13.10 the health maintenance organization, its health care plan or 13.11 plans, its facilities and personnel, any material changes 13.12 therein since the last report; (3) the current evidence of 13.13 coverage or contract; and (4) a statement ofconsumerenrollee 13.14 information and rights as described in section 62D.07, 13.15 subdivision 3, paragraph (c). 13.16 Sec. 10. Minnesota Statutes 1996, section 62D.09, 13.17 subdivision 8, is amended to read: 13.18 Subd. 8. Each health maintenance organization shall issue 13.19 a membership card to its enrollees. The membership card must: 13.20 (1) identify the health maintenance organization; 13.21 (2) include the name, address, and telephone number to call 13.22 if theenrollerenrollee has a complaint; 13.23 (3) include the telephone number to call or the instruction 13.24 on how to receive authorization for emergency care; and 13.25 (4) include one of the following: 13.26 (i) the telephone number to call to appeal to or file a 13.27 complaint with the commissioner of health.; or 13.28 (ii) for persons enrolled under section 256.9363, 256B.69, 13.29 or 256D.03, the telephone number to call to file a complaint 13.30 with the ombudsperson designated by the commissioner of human 13.31 services under section 256B.69 and the address to appeal to the 13.32 commissioner of human services. The ombudsperson shall annually 13.33 provide the commissioner of health with a summary of complaints 13.34 and actions taken. 13.35 Sec. 11. Minnesota Statutes 1996, section 62D.102, is 13.36 amended to read: 14.1 62D.102 [FAMILY THERAPY.] 14.2(a) In addition to minimum requirements established in14.3other sections, all group health maintenance contracts providing14.4benefits for mental or nervous disorder treatments in a hospital14.5shall also provide coverage for at least ten hours of treatment14.6over a 12-month period with a copayment not to exceed the14.7greater of $10 or 20 percent of the applicable usual and14.8customary charge for mental or nervous disorder consultation,14.9diagnosis and treatment services delivered while the enrollee is14.10not a bed patient in a hospital and at least 75 percent of the14.11cost of the usual and customary charges for any additional hours14.12of ambulatory mental health treatment during the same 12-month14.13benefit period for serious or persistent mental or nervous14.14disorders. Prior authorization may be required for an extension14.15of coverage beyond ten hours of treatment. This prior14.16authorization must be based upon the severity of the disorder,14.17the patient's risk of deterioration without ongoing treatment14.18and maintenance, degree of functional impairment, and a concise14.19treatment plan. Authorization for extended treatment may be14.20limited to a maximum of 30 visit hours during any 12-month14.21benefit period.14.22(b) For purposes of this section,Covered treatment for a 14.23 minor includes treatment for the family if family therapy is 14.24 recommended by a health maintenance organization provider. For 14.25 purposes of determining benefits under this section, "hours of 14.26 treatment" means treatment rendered on an individual or 14.27 single-family basis. If treatment is rendered on a group basis, 14.28 the hours of covered group treatment must be provided at a ratio 14.29 of no less than two group treatment sessions to one individual 14.30 treatment hour. For a health maintenance contract that is 14.31 offered as a companion to a health insurance subscriber 14.32 contract, the benefits for mental or nervous disorders must be 14.33 calculated in aggregate for the health maintenance contract and 14.34 the health insurance subscriber contract. 14.35 Sec. 12. Minnesota Statutes 1996, section 62D.11, 14.36 subdivision 1, is amended to read: 15.1 Subdivision 1. [ENROLLEE COMPLAINT SYSTEM.] Every health 15.2 maintenance organization shall establish and maintain a 15.3 complaint system, as required under section 62Q.105 to provide 15.4 reasonable procedures for the resolution of written complaints 15.5 initiated by or on behalf of enrollees concerning the provision 15.6 of health care services. "Provision of health services" 15.7 includes, but is not limited to, questions of the scope of 15.8 coverage, quality of care, and administrative operations. The 15.9 health maintenance organization must inform enrollees that they 15.10 may choose to useanalternative dispute resolutionprocessto 15.11 appeal a health maintenance organization's internal appeal 15.12 decision. If an enrollee chooses to use an alternative dispute 15.13 resolution process, the health maintenance organization must 15.14 participate. 15.15 Sec. 13. Minnesota Statutes 1996, section 62D.11, 15.16 subdivision 1b, is amended to read: 15.17 Subd. 1b. [EXPEDITED RESOLUTION OF COMPLAINTS ABOUT 15.18URGENTLY NEEDED SERVICEMEDICALLY URGENT SERVICES.] In addition 15.19 to any remedy contained in subdivision 1a, when a complaint 15.20 involves a dispute about a health maintenance organization's 15.21 coverage ofan immediately and urgently neededa medically 15.22 urgent service, the commissioner may also order the health 15.23 maintenance organization to use an expedited system to process 15.24 the complaint. 15.25 Sec. 14. Minnesota Statutes 1996, section 62D.11, 15.26 subdivision 3, is amended to read: 15.27 Subd. 3. [DENIAL OFSERVICECOVERAGE.] Within a reasonable 15.28 time after receiving an enrollee's written or oral communication 15.29 to the health maintenance organization concerning arefusal15.30 denial ofservicecoverage or inadequacy of services, the health 15.31 maintenance organization shall provide the enrollee with a 15.32 written statement of the reason for therefusaldenial of 15.33servicecoverage, and a statement approved by the commissioner 15.34 of health which explains the health maintenance organization 15.35 complaint procedures, and in the case of Medicare enrollees, 15.36 which also explains Medicare appeal procedures. 16.1 Sec. 15. Minnesota Statutes 1996, section 62D.12, is 16.2 amended by adding a subdivision to read: 16.3 Subd. 19. [COVERAGE OF SERVICE.] A health maintenance 16.4 organization may not deny or limit coverage of a service which 16.5 the enrollee has already received solely on the basis of lack of 16.6 prior authorization or second opinion, to the extent that the 16.7 service would otherwise have been covered under the member's 16.8 contract by the health maintenance organization had prior 16.9 authorization or second opinion been obtained. 16.10 Sec. 16. Minnesota Statutes 1996, section 62D.20, 16.11 subdivision 2, is amended to read: 16.12 Subd. 2. [PRIOR AUTHORIZATION.] The commissioner shall 16.13 adopt rules that address the issue of appropriate prior 16.14 authorization requirements, consideringconsumerenrollee needs, 16.15 administrative concerns, and the nature of the benefit. 16.16 Sec. 17. Minnesota Statutes 1996, section 62J.15, is 16.17 amended by adding a subdivision to read: 16.18 Subd. 3. [SUNSET OF ADVISORY COMMITTEE.] The advisory 16.19 committee shall expire July 1, 2000. 16.20 Sec. 18. Minnesota Statutes 1996, section 62J.60, 16.21 subdivision 3, is amended to read: 16.22 Subd. 3. [HUMAN READABLE DATA ELEMENTS.] (a) The following 16.23 are the minimum human readable data elements that must be 16.24 present on the front side of the Minnesota health care 16.25 identification card: 16.26 (1) card issuer name or logo, which is the name or logo 16.27 that identifies the card issuer. The card issuer name or logo 16.28 may be the card's front background. No standard label is 16.29 required for this data element; 16.30 (2) claim submission number. The standardized label for 16.31 this element is "Clm Subm #"; 16.32 (3) identification number, which is the unique 16.33 identification number of the individual card holder established 16.34 and defined under this section. The standardized label for the 16.35 data element is "ID"; 16.36 (4) identification name, which is the name of the 17.1 individual card holder. The identification name must be 17.2 formatted as follows: first name, space, optional middle 17.3 initial, space, last name, optional space and name suffix. The 17.4 standardized label for this data element is "Name"; 17.5 (5) account number(s), which is any other number, such as a 17.6 group number, if required for part of the identification or 17.7 claims process. The standardized label for this data element is 17.8 "Account"; 17.9 (6) care type, which is the description of the group 17.10 purchaser's plan product under which the beneficiary is 17.11 covered. The description shall include the health plan company 17.12 name and the plan or product name. The standardized label for 17.13 this data element is "Care Type"; 17.14 (7) service type, which is the description of coverage 17.15 provided such as hospital, dental, vision, prescription, or 17.16 mental health. The standard label for this data element is "Svc 17.17 Type"; and 17.18 (8) provider/clinic name, which is the name of the primary 17.19 care clinic the card holder is assigned to by the health plan 17.20 company. The standard label for this field is "PCP." This 17.21 information is mandatory only if the health plan company assigns 17.22 a specific primary care provider to the card holder. 17.23 (b) The following human readable data elements shall be 17.24 present on the back side of the Minnesota health identification 17.25 card. These elements must be left justified, and no optional 17.26 data elements may be interspersed between them: 17.27 (1) claims submission name(s) and address(es), which are 17.28 the name(s) and address(es) of the entity or entities to which 17.29 claims should be submitted. If different destinations are 17.30 required for different types of claims, this must be 17.31 labeled; and 17.32 (2) telephone number(s) and name(s); which are the 17.33 telephone number(s) and name(s) of the following contact(s) with 17.34 a standardized label describing the service function as 17.35 applicable: 17.36 (i) eligibility and benefit information; 18.1 (ii) utilization review; 18.2 (iii) precertification; or 18.3 (iv) customer services. 18.4 (c) The following human readable data elements are 18.5 mandatory on the back side of the card for health maintenance 18.6 organizations and integrated service networks: 18.7 (1) emergency care authorization telephone number or 18.8 instruction on how to receive authorization for emergency care. 18.9 There is no standard label required for this information; and 18.10 (2) one of the following: 18.11 (i) telephone number to call to appeal to or file a 18.12 complaint with the commissioner of health; or 18.13 (ii) for persons enrolled under section 256.9363, 256B.69, 18.14 or 256D.03, the telephone number to call to file a complaint 18.15 with the ombudsperson designated by the commissioner of human 18.16 services under section 256B.69 and the address to appeal to the 18.17 commissioner of human services. There is no standard label 18.18 required for this information. 18.19 (d) All human readable data elements not required under 18.20 paragraphs (a) to (c) are optional and may be used at the 18.21 issuer's discretion. 18.22 Sec. 19. Minnesota Statutes 1996, section 62J.69, 18.23 subdivision 1, is amended to read: 18.24 Subdivision 1. [DEFINITIONS.] For purposes of this 18.25 section, the following definitions apply: 18.26 (a) "Medical education" means the accredited clinical 18.27 training of physicians (medical students and residents), doctor 18.28 of pharmacy practitioners, dentists, advanced practice nurses 18.29 (clinical nurse specialist, certified registered nurse 18.30 anesthetists, nurse practitioners, and certified nurse 18.31 midwives), and physician assistants. 18.32 (b) "Clinical training" means accredited training that is 18.33 funded and was historically funded in part by inpatient care 18.34 revenues and that occurs in both inpatient and ambulatory care 18.35 settings. 18.36 (c) "Trainee" means students involved in an accredited 19.1 clinical training program for medical education as defined in 19.2 paragraph (a). 19.3 (d) "Health care research" means approved clinical, 19.4 outcomes, and health services investigations that are funded by 19.5 patient out-of-pocket expenses or a third-party payer. 19.6 (e) "Commissioner" means the commissioner of health. 19.7 (f) "Teaching institutions" means any hospital, medical 19.8 center, clinic, or other organization that currently sponsors or 19.9 conducts accredited medical education programs or clinical 19.10 research in Minnesota. 19.11 Sec. 20. Minnesota Statutes 1996, section 62Q.03, 19.12 subdivision 5a, is amended to read: 19.13 Subd. 5a. [PUBLIC PROGRAMS.] (a) A separate risk 19.14 adjustment system must be developed for state-run public 19.15 programs, including medical assistance, general assistance 19.16 medical care, and MinnesotaCare. The system must be developed 19.17 in accordance with the general risk adjustment methodologies 19.18 described in this section, must include factors in addition to 19.19 age and sex adjustment, and may include additional demographic 19.20 factors, different targeted conditions, and/or different payment 19.21 amounts for conditions. The risk adjustment system for public 19.22 programs must attempt to reflect the special needs related to 19.23 poverty, cultural, or language barriers and other needs of the 19.24 public program population. 19.25 (b) The commissioners of health and human services shall 19.26 jointly convene a public programs risk adjustment work group 19.27 responsible for advising the commissioners in the design of the 19.28 public programs risk adjustment system. The public programs 19.29 risk adjustment work group is governed by section 15.059, and 19.30 shall terminate on June 30, 1999. The work group shall meet at 19.31 the discretion of the commissioners of health and human 19.32 services. The commissioner of health shall work with the risk 19.33 adjustment association to ensure coordination between the risk 19.34 adjustment systems for the public and private sectors. The 19.35 commissioner of human services shall seek any needed federal 19.36 approvals necessary for the inclusion of the medical assistance 20.1 program in the public programs risk adjustment system. 20.2 (c) The public programs risk adjustment work group must be 20.3 representative of the persons served by publicly paid health 20.4 programs and providers and health plans that meet their needs. 20.5 To the greatest extent possible, the appointing authorities 20.6 shall attempt to select representatives that have historically 20.7 served a significant number of persons in publicly paid health 20.8 programs or the uninsured. Membership of the work group shall 20.9 be as follows: 20.10 (1) one provider member appointed by the Minnesota Medical 20.11 Association; 20.12 (2) two provider members appointed by the Minnesota 20.13 Hospital Association, at least one of whom must represent a 20.14 major disproportionate share hospital; 20.15 (3) five members appointed by the Minnesota Council of 20.16 HMOs, one of whom must represent an HMO with fewer than 50,000 20.17 enrollees located outside the metropolitan area and one of whom 20.18 must represent an HMO with at least 50 percent of total 20.19 membership enrolled through a public program; 20.20 (4) two representatives of counties appointed by the 20.21 Association of Minnesota Counties; 20.22 (5) three representatives of organizations representing the 20.23 interests of families, children, childless adults, and elderly 20.24 persons served by the various publicly paid health programs 20.25 appointed by the governor; 20.26 (6) two representatives of persons with mental health, 20.27 developmental or physical disabilities, chemical dependency, or 20.28 chronic illness appointed by the governor; and 20.29 (7) three public members appointed by the governor, at 20.30 least one of whom must represent a community health board. The 20.31 risk adjustment association may appoint a representative, if a 20.32 representative is not otherwise appointed by an appointing 20.33 authority. 20.34 (d) The commissioners of health and human services, with 20.35 the advice of the public programs risk adjustment work group, 20.36 shall develop a work plan and time frame and shall coordinate 21.1 their efforts with the private sector risk adjustment 21.2 association's activities and other state initiatives related to 21.3 public program managed care reimbursement. The commissioners of 21.4 health and human services shall report to the health care 21.5 commission and to the appropriate legislative committees on 21.6 January 15, 1996, and on January 15, 1997, on any policy or 21.7 legislative changes necessary to implement the public program 21.8 risk adjustment system. 21.9 Sec. 21. Minnesota Statutes 1996, section 144.125, is 21.10 amended to read: 21.11 144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.] 21.12 It is the duty of (1) the administrative officer or other 21.13 person in charge of each institution caring for infants 28 days 21.14 or less of ageand, (2) the person required in pursuance of the 21.15 provisions of section 144.215, to register the birth of a child, 21.16 or (3) the nurse midwife or midwife in attendance at the birth, 21.17 tocausearrange to have administered to every infant or child 21.18 in its care tests forhemoglobinopathy, phenylketonuria, and21.19otherinborn errors of metabolism in accordance with rules 21.20 prescribed by the state commissioner of health. In determining 21.21 which tests must be administered, the commissioner shall take 21.22 into consideration the adequacy of laboratory methods to detect 21.23 the inborn metabolic error, the ability to treat or prevent 21.24 medical conditions caused by the inborn metabolic error, and the 21.25 severity of the medical conditions caused by the inborn 21.26 metabolic error. Testing and the recording and reporting ofthe21.27 test resultsof the testsshall be performed at the times and in 21.28 the manner prescribed by the commissioner of health. The 21.29 commissioner shall charge laboratory service feesfor conducting21.30the tests of infants for inborn metabolic errorsso that the 21.31 total of fees collected will approximate the costs of conducting 21.32 the tests. Costs associated with capital expenditures and the 21.33 development of new procedures may be prorated over a three-year 21.34 period when calculating the amount of the fees. 21.35 Sec. 22. Minnesota Statutes 1996, section 144.215, 21.36 subdivision 1, is amended to read: 22.1 Subdivision 1. [WHEN AND WHERE TO FILE.] A certificate of 22.2 birth for each live birth which occurs in this state shall be 22.3 filed with the state registrar or the local registrar of the 22.4 district in which the birth occurred, within five days after the 22.5 birth. 22.6 Sec. 23. Minnesota Statutes 1996, section 144.218, is 22.7 amended to read: 22.8 144.218 [NEWREPLACEMENT CERTIFICATES OF BIRTH.] 22.9 Subdivision 1. [ADOPTION.] Upon receipt of a certified 22.10 copy of an order, decree, or certificate of adoption, the state 22.11 registrar shall register asupplementaryreplacement certificate 22.12 in the new name of the adopted person. The original certificate 22.13 of birth and the certified copy are confidential pursuant to 22.14 section 13.02, subdivision 3, and shall not be disclosed except 22.15 pursuant to court order or section 144.1761. A certified copy 22.16 of the original birth certificate from which the registration 22.17 number has been deleted and which has been marked "Not for 22.18 Official Use," or the information contained on the original 22.19 birth certificate, except for the registration number, shall be 22.20 provided on request to a parent who is named on the original 22.21 birth certificate. Upon the receipt of a certified copy of a 22.22 court order of annulment of adoption the state registrar shall 22.23 restore the original certificate to its original place in the 22.24 file. 22.25 Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 22.26 the adoption of a person who was born in a foreign country, the 22.27 court, upon evidence presented by the commissioner of human 22.28 services from information secured at the port of entry, or upon 22.29 evidence from other reliable sources, may make findings of fact 22.30 as to the date and place of birth and parentage. Upon receipt 22.31 of certified copies of the court findings and the order or 22.32 decree of adoption, the state registrar shall register a birth 22.33 certificate in the new name of the adopted person. The 22.34 certified copies of the court findings and the order or decree 22.35 of adoption are confidential, pursuant to section 13.02, 22.36 subdivision 3, and shall not be disclosed except pursuant to 23.1 court order or section 144.1761. The birth certificate shall 23.2 state the place of birth as specifically as possible, and that 23.3 the certificate is not evidence of United States citizenship. 23.4 Subd. 3. [SUBSEQUENT MARRIAGE OF BIRTH PARENTS.] If, in 23.5 cases in which a certificate of birth has been registered 23.6 pursuant to section 144.215 and the birth parents of the child 23.7 marry after the birth of the child, anewreplacement 23.8 certificate of birth shall be registered upon presentation of a 23.9 certified copy of the marriage certificate of the birth parents, 23.10 and eitheran acknowledgmenta recognition of parentage or court 23.11 adjudication of paternity. The information presented and the 23.12 original certificate of birth are confidential, pursuant to 23.13 section 13.02, subdivision 3, and shall not be disclosed except 23.14 pursuant to court order. 23.15 Subd. 4. [INCOMPLETE, INCORRECT, AND MODIFIED 23.16 CERTIFICATES.] If a court finds that a birth certificate is 23.17 incomplete, inaccurate or false, or if it is being issued 23.18 pursuant to section 259.10, subdivision 2, it may order the 23.19 registration of anewreplacement certificate, and, if 23.20 necessary, set forth the correct information in the order. Upon 23.21 receipt of the order the state registrar shall register anew23.22 replacement certificate containing the findings of the court, 23.23 and the prior certificate shall be confidential pursuant to 23.24 section 13.02, subdivision 3, and shall not be disclosed except 23.25 pursuant to court order. 23.26 Sec. 24. Minnesota Statutes 1996, section 144.664, 23.27 subdivision 3, is amended to read: 23.28 Subd. 3. [NOTIFICATION.] Within five days of receiving a 23.29 report of traumatic brain injury or spinal cord injury, the 23.30 commissioner shall notify thecommissioner of economic23.31security. The notification shall include the person's name and23.32other identifying informationinjured person or the injured 23.33 person's family of resources and services available in 23.34 Minnesota, pursuant to section 144.662, clause (2). 23.35 Sec. 25. Minnesota Statutes 1996, section 144.665, is 23.36 amended to read: 24.1 144.665 [TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY 24.2 DATA.] 24.3 Data on individuals collected by the commissioner of health 24.4 under sections 144.662 to 144.664or provided to the24.5commissioner of economic security under section 144.664are 24.6 private data on individuals as defined in section 13.02, 24.7 subdivision 12, and may be used only for the purposes set forth 24.8 in sections 144.662 to 144.664 in accordance with the rules 24.9 adopted by the commissioner. 24.10 Sec. 26. Minnesota Statutes 1996, section 144.672, 24.11 subdivision 1, is amended to read: 24.12 Subdivision 1. [RULE AUTHORITY.] The commissioner of 24.13 health shall collect cancer incidence information, analyze the 24.14 information, and conduct special studies designed to determine 24.15 the potential public health significance of an increase in 24.16 cancer incidence. 24.17 The commissioner shall adopt rules to administer the 24.18 system, collect information, and distribute data. The rules 24.19 must include, but not be limited to, the following: 24.20 (1) the type of data to be reported; 24.21 (2) standards for reporting specific types of data; 24.22 (3) payments allowed to hospitals, pathologists, and 24.23 registry systems to defray their costs in providing information 24.24 to the system; 24.25 (4) criteria relating to contracts made with outside 24.26 entities to conduct studies using data collected by the system. 24.27 The criteria may include requirements for a written protocol 24.28 outlining the purpose and public benefit of the study, the 24.29 description, methods, and projected results of the study, peer 24.30 review by other scientists, the methods and facilities to 24.31 protect the privacy of the data, and the qualifications of the 24.32 researcher proposing to undertake the study; 24.33 (5) specification of fees to be charged under section 24.34 13.03, subdivision 3, for all out-of-pocket expenses for data 24.35 summaries or specific analyses of data requested by public and 24.36 private agencies, organizations, and individuals, and which are 25.1 not otherwise included in the commissioner's annual summary 25.2 reports. Fees collected are appropriated to the commissioner to 25.3 offset the cost of providing the data; and 25.4 (6) establishment of a committee to assist the commissioner 25.5 in the review of system activities.The committee expires as25.6provided in section 15.059, subdivision 5.The committee is 25.7 governed by section 15.059, except it expires June 30, 1999. 25.8 Sec. 27. Minnesota Statutes 1996, section 144.9501, is 25.9 amended by adding a subdivision to read: 25.10 Subd. 6a. [CHILD.] "Child" means an individual up to 72 25.11 months of age. 25.12 Sec. 28. Minnesota Statutes 1996, section 144.9501, 25.13 subdivision 29, is amended to read: 25.14 Subd. 29. [SWAB TEAM SERVICES.] "Swab team services" means 25.15 activities that provide protection from lead hazards such as: 25.16 (1) removing lead dust by washing, vacuuming with high 25.17 efficiency particle accumulator (HEPA) or wet vacuum cleaners, 25.18 and cleaning the interior of residential property; 25.19 (2) removing loose paint and paint chips andreporting25.20 repainting or installing guards to protect intact paint; 25.21 (3) covering or replacing bare soil that has a lead 25.22 concentration of 100 parts per million or more; 25.23 (4) health education; 25.24 (5) advice and assistance to help residents locate and move 25.25 to a temporary residence while lead hazard reduction is being 25.26 completed; or 25.27 (6) any other assistance necessary to meet the resident's 25.28 immediate needs as a result of the relocation. 25.29 Sec. 29. Minnesota Statutes 1996, section 144.9504, 25.30 subdivision 2, is amended to read: 25.31 Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall 25.32 conduct a lead inspection of a residence according to the venous 25.33 blood lead level and time frame set forth in clauses (1) 25.34 to(4)(5) for purposes of secondary prevention: 25.35 (1) within 48 hours of a child or pregnant female in the 25.36 residence being identified to the agency as having a venous 26.1 blood lead level equal to or greater than 70 micrograms of lead 26.2 per deciliter of whole blood; 26.3 (2) within five working days of a child or pregnant female 26.4 in the residence being identified to the agency as having a 26.5 venous blood lead level equal to or greater than 45 micrograms 26.6 of lead per deciliter of whole blood; 26.7 (3) within ten working days of a childor pregnant female26.8 in the residence being identified to the agency as having a 26.9 venous blood lead level equal to or greater than 20 micrograms 26.10 of lead per deciliter of whole blood;or26.11 (4) within ten working days of a childor pregnant female26.12 in the residence being identified to the agency as having a 26.13 venous blood lead level that persists in the range of 15 to 19 26.14 micrograms of lead per deciliter of whole blood for 90 days 26.15 after initial identification; or 26.16 (5) within ten working days of a pregnant female in the 26.17 residence being identified to the agency as having a venous 26.18 blood lead level equal to or greater than ten micrograms of lead 26.19 per deciliter of whole blood. 26.20 (b) Within the limits of available state and federal 26.21 appropriations, an inspecting agency may also conduct a lead 26.22 inspection for children with any elevated blood lead level. 26.23 (c) In a building with two or more dwelling units, an 26.24 inspecting agency shall inspect the individual unit in which the 26.25 conditions of this section are met and shall also inspect all 26.26 common areas. If a child visits one or more other sites such as 26.27 another residence, or a residential or commercial child care 26.28 facility, playground, or school, the inspecting agency shall 26.29 also inspect the other sites. The inspecting agency shall have 26.30 one additional day added to the time frame set forth in this 26.31 subdivision to complete the lead inspection for each additional 26.32 site. 26.33 (d) Within the limits of appropriations, the inspecting 26.34 agency shall identify the known addresses for the previous 12 26.35 months of the child or pregnant female with elevated blood lead 26.36 levels; notify the property owners, landlords, and tenants at 27.1 those addresses that an elevated blood lead level was found in a 27.2 person who resided at the property; and give them a copy of the 27.3 lead inspection guide. This information shall be classified as 27.4 private data on individuals as defined under section 13.02, 27.5 subdivision 12. 27.6 (e) The inspecting agency shall conduct the lead inspection 27.7 according to rules adopted by the commissioner under section 27.8 144.9508. An inspecting agency shall have lead inspections 27.9 performed by lead inspectors licensed by the commissioner 27.10 according to rules adopted under section 144.9508. If a 27.11 property owner refuses to allow an inspection, the inspecting 27.12 agency shall begin legal proceedings to gain entry to the 27.13 property and the time frame for conducting a lead inspection set 27.14 forth in this subdivision no longer applies. An inspector or 27.15 inspecting agency may observe the performance of lead hazard 27.16 reduction in progress and shall enforce the provisions of this 27.17 section under section 144.9509. Deteriorated painted surfaces, 27.18 bare soil, dust, and drinking water must be tested with 27.19 appropriate analytical equipment to determine the lead content, 27.20 except that deteriorated painted surfaces or bare soil need not 27.21 be tested if the property owner agrees to engage in lead hazard 27.22 reduction on those surfaces. 27.23 (f) A lead inspector shall notify the commissioner and the 27.24 board of health of all violations of lead standards under 27.25 section 144.9508, that are identified in a lead inspection 27.26 conducted under this section. 27.27 (g) Each inspecting agency shall establish an 27.28 administrative appeal procedure which allows a property owner to 27.29 contest the nature and conditions of any lead order issued by 27.30 the inspecting agency. Inspecting agencies must consider 27.31 appeals that propose lower cost methods that make the residence 27.32 lead safe. 27.33 (h) Sections 144.9501 to 144.9509 neither authorize nor 27.34 prohibit an inspecting agency from charging a property owner for 27.35 the cost of a lead inspection. 27.36 Sec. 30. Minnesota Statutes 1996, section 144.9506, 28.1 subdivision 1, is amended to read: 28.2 Subdivision 1. [LICENSE REQUIRED.] (a) A lead inspector 28.3 shall obtain a license before performing lead inspections and 28.4 shall renew it annually. The commissioner shall charge a fee 28.5 and require annual training, as specified in this section. A 28.6 lead inspector shall have the inspector's license readily 28.7 available at all times at an inspection site and make it 28.8 available, on request, for inspection by the inspecting agency 28.9 with jurisdiction over the site. A license shall not be 28.10 transferred. 28.11 (b) Individuals shall not advertise or otherwise present 28.12 themselves as lead inspectors unless licensed by the 28.13 commissioner. 28.14 (c) An individual may use sodium rhodizonate to test paint 28.15 for the presence of lead without obtaining a lead inspector 28.16 license, but must not represent the test as a lead inspection. 28.17 Sec. 31. Minnesota Statutes 1996, section 144.9506, 28.18 subdivision 5, is amended to read: 28.19 Subd. 5. [APPROVAL OF LEAD INSPECTION COURSE.] Until the 28.20 commissioner adopts rules under section 144.9508 to license lead 28.21 inspectors and approve lead inspector training courses, a lead 28.22 inspection course sponsored by a training course provider in one 28.23 of the regional lead training consortia established by the 28.24 United States Environmental Protection Agency is an approved 28.25 course for the purpose of this section, providing it covers the 28.26 criteria listed in section 144.9505.The commissioner shall28.27evaluate for approval by permit lead inspector courses other28.28than those approved by the United States Environmental28.29Protection Agency.After adoption of rules under section 28.30 144.9508, all training courses offered for the purpose of 28.31 licensing individuals as lead inspectors must be reviewed and 28.32 approved by the commissioner. 28.33 Sec. 32. Minnesota Statutes 1996, section 144.99, 28.34 subdivision 9, is amended to read: 28.35 Subd. 9. [SUSPENSION OR REVOCATION OF PERMITS, LICENSES, 28.36 REGISTRATIONS, OR CERTIFICATES.] The commissioner may suspend, 29.1 place conditions on, or revoke a permit, license, registration, 29.2 or certificate issued under the statutes or rules cited in 29.3 subdivision 1 for: 29.4 (1) serious or repeated violations of the requirements in 29.5 the statutes, rules, or other actions listed in subdivision 1 29.6 that apply to the permit, license, registration, or certificate,29.7or if the applicant submitted; 29.8 (2) submitting false material information to the department 29.9 in connection with activities for which the permit, license, 29.10 registration, or certificate.is issued; 29.11 (3) incompetence or negligence in the performance of 29.12 activities required or authorized by permit, license, 29.13 registration, or certificate; 29.14 (4) allowing the alteration or use of one's own permit, 29.15 license, registration, or certificate by another; or 29.16 (5) within the previous five years, conviction of a crime 29.17 in connection with activities for which the permit, license, 29.18 registration, or certificate was issued. 29.19 Sec. 33. Minnesota Statutes 1996, section 144.99, 29.20 subdivision 10, is amended to read: 29.21 Subd. 10. [HEARINGS RELATED TO DENIAL, REFUSAL TO RENEW, 29.22 SUSPENSION, OR REVOCATION OF A PERMIT, LICENSE, REGISTRATION, OR 29.23 CERTIFICATE.] If the commissioner proposes to deny, refuses to 29.24 renew, suspends, or revokes a permit, license, registration, or 29.25 certificate under subdivision 8 or 9, the commissioner must 29.26 first notify, in writing, the person against whom the action is 29.27 proposed to be taken and provide the person an opportunity to 29.28 request a hearing under the contested case provisions of chapter 29.29 14. If the person does not request a hearing by notifying the 29.30 commissioner within 20 days after receipt of the notice of 29.31 proposed action, the commissioner may proceed with the action 29.32 without a hearing. This subdivision does not apply to: 29.33 (1) the denial of or refusal to renew a permit, license, 29.34 registration, or certificate based on the applicant's failure to 29.35 meet or maintain the minimum qualifications for holding the 29.36 permit, license, registration, or certificate; or 30.1 (2) the denial of, refusal to renew, suspension of, or 30.2 revocation of a permit, license, registration, or certificate if 30.3 the person against whom the action is proposed to be taken has 30.4 been granted a hearing under this subdivision within the 30.5 previous 12 months. 30.6 Sec. 34. Minnesota Statutes 1996, section 257.73, is 30.7 amended to read: 30.8 257.73 [BIRTH RECORDS.] 30.9 Subdivision 1. Upon compliance with the provisions of 30.10 section 257.55, subdivision 1, paragraph (e), 257.75, or upon 30.11 order of a court of this state or upon request of a court of 30.12 another state, the state or local registrar of vital statistics 30.13 shall prepare anewreplacement certificate of birth consistent 30.14 with the acknowledgment or the findings of the court and shall 30.15 substitute thenewreplacement certificate for the original 30.16 certificate of birth. 30.17 Subd. 2. The fact that the father and child relationship 30.18 was declared after the child's birth shall not be ascertainable 30.19 from thenewreplacement certificate but the actual place and 30.20 date of birth shall be shown. 30.21 Subd. 3. The evidence upon which thenewreplacement 30.22 certificate was made and the original birth certificate shall be 30.23 kept in a sealed and confidential file and be subject to 30.24 inspection only upon consent of the court and all interested 30.25 persons, or in exceptional cases only upon an order of the court 30.26 for good cause shown. 30.27 Sec. 35. Minnesota Statutes 1996, section 326.71, 30.28 subdivision 4, is amended to read: 30.29 Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work" 30.30 means the enclosure, removal, or encapsulation of 30.31 asbestos-containing material in a quantity that meets or exceeds 30.32 260 lineal feet of friable asbestos-containing material on 30.33 pipes, 160 square feet of friable asbestos-containing material 30.34 on other facility components, or, if linear feet or square feet 30.35 cannot be measured, a total of 35 cubic feet of friable 30.36 asbestos-containing material on or off all facility components 31.1 in one facility. In the case of single or multifamily 31.2 residences, "asbestos-related work" also means the enclosure, 31.3 removal, or encapsulation of greater than ten but less than 260 31.4lineallinear feet of friable asbestos-containing material on 31.5 pipesor ducts or, greater than six but less than 160 square 31.6 feet of friable asbestos-containing material on other facility 31.7 components, or, if linear feet or square feet cannot be 31.8 measured, greater than one cubic foot but less than 35 cubic 31.9 feet of friable asbestos-containing material on or off all 31.10 facility components in one facility. This provision excludes 31.11 asbestos-containing floor tiles and sheeting, roofing materials, 31.12 siding, and all ceilings with asbestos-containing material in 31.13 single family residences and buildings with no more than four 31.14 dwelling units. Asbestos-related work includes asbestos 31.15 abatement area preparation; enclosure, removal, or encapsulation 31.16 operations; and an air quality monitoring specified in rule to 31.17 assure that the abatement and adjacent areas are not 31.18 contaminated with asbestos fibers during the project and after 31.19 completion. 31.20 For purposes of this subdivision, the quantity of asbestos 31.21 containing material applies separately for every project. 31.22 Sec. 36. Minnesota Statutes 1996, section 326.71, 31.23 subdivision 6, is amended to read: 31.24 Subd. 6. [CONTRACTING ENTITY.] "Contracting entity" means 31.25 a public or private body, board, natural person, corporation, 31.26 partnership, proprietorship, joint venture, fund, authority, or 31.27 similar entity that contracts with a person to do 31.28 asbestos-related work or asbestos management activity for the 31.29 benefit of the contracting entity. 31.30 Sec. 37. Minnesota Statutes 1996, section 326.72, 31.31 subdivision 2, is amended to read: 31.32 Subd. 2. [DISPLAY OF LICENSE.] Licensees shall post a 31.33 project permit, obtained from the commissioner after compliance 31.34 with the provisions of section 326.74 and rules promulgated 31.35 under section 326.78, in a conspicuous place outside of the 31.36 asbestosabatementwork area. The actual license or a copy 32.1 shall be readily available at the work site for inspection by 32.2 the commissioner, other public officials charged with the 32.3 health, safety, and welfare of the state's citizens, and the 32.4 contracting entity. 32.5 Sec. 38. Minnesota Statutes 1996, section 326.74, is 32.6 amended to read: 32.7 326.74 [REPORTING ASBESTOS WORK.] 32.8At least five calendar days before beginning any32.9asbestos-related work,Written notice shall be given to the 32.10 commissioner ofthean asbestos-related work project by the 32.11 person holding the license issued under section 326.72, 32.12 subdivision 1. Unless the project is an emergency project as 32.13 defined in rule by the commissioner, the notice shall be given 32.14 to the commissioner at least five calendar days before the 32.15 project begins. The notice shall contain the following 32.16 information: 32.17 (1) a brief description of the work to be performed; 32.18 (2) the name of the contracting entity; 32.19 (3) the location and address of the project work site; 32.20 (4) the approximate duration of the project; 32.21 (5) the approximate amount of the asbestos involved in the 32.22 project; 32.23 (6) the name of any project manager; and 32.24 (7) other information required by the commissioner. 32.25 Sec. 39. Minnesota Statutes 1996, section 326.76, is 32.26 amended to read: 32.27 326.76 [DUTIES OF CONTRACTING ENTITIES.] 32.28 A contracting entity intending to have asbestos-related 32.29 work or asbestos management activity performed for its benefit 32.30 shall include in the specifications and contracts for the work a 32.31 requirement that the work be performed by contractors and 32.32 subcontractors licensed or certified by the commissioner under 32.33 sections 326.70 to 326.81 and in accordance with rules 32.34 prescribed by the commissioner related toasbestos32.35abatementasbestos-related work and asbestos management 32.36 activity. No contracting entity shall allow asbestos-related 33.1 work or asbestos management activity to be performed for its 33.2 benefit unless it has seen that the person has a valid license 33.3 or certificate. A contracting entity's failure to comply with 33.4 this section does not relieve a person from any responsibilities 33.5 under sections 326.70 to 326.81. 33.6 Sec. 40. Minnesota Statutes 1996, section 326.78, 33.7 subdivision 1, is amended to read: 33.8 Subdivision 1. [RULEMAKING.] The commissioner shall adopt 33.9 and begin enforcement of rules necessary to implement sections 33.10 326.70 to 326.81. The rules adopted shall not be duplicative of 33.11 rules adopted by the commissioner of the department of labor and 33.12 industry. The rules shall include rules in the following areas: 33.13 (1) application, enclosure, removal, and encapsulation 33.14 procedures; 33.15 (2) license and certificate qualification requirements; 33.16 (3) examinations for obtaining a license and certificate; 33.17 (4) training necessary for individual certification; 33.18 (5) qualifications for managers ofasbestos33.19abatementasbestos-related work projects; 33.20 (6)abatementasbestos-related work and asbestos management 33.21 activity specifications; 33.22 (7) any contractor bonding and insurance requirements 33.23 deemed necessary by the commissioner; 33.24 (8) license and certificate issuance and revocation 33.25 procedures; 33.26 (9) suspension or revocation of licenses or certificates; 33.27 (10) license and certificate suspension and revocation 33.28 criteria; 33.29 (11) cleanup standards; 33.30 (12) continuing education requirements; and 33.31 (13) other rules necessary to implement sections 326.70 to 33.32 326.81. 33.33 Sec. 41. Minnesota Statutes 1996, section 326.785, is 33.34 amended to read: 33.35 326.785 [ASBESTOS CONTAINMENT BARRIERS.] 33.36 Notwithstanding Minnesota Rules, part4620.3500, subpart 4,34.1item B, subitem (5)4620.3568, subparts 1 to 4, containment 34.2 barriers, in the case of tunnel abatement enclosures, are 34.3 limited to double critical barriers. 34.4 Sec. 42. [CONFORMANCE WITH FEDERAL REGULATIONS.] 34.5 The commissioner of health shall amend Minnesota Rules, 34.6 chapter 4761, as needed to conform with federal regulations, and 34.7 shall perform any procedural steps necessary to obtain 34.8 authorization to administer the regulations in Code of Federal 34.9 Regulations, title 40, part 745 (1996), adopted by the United 34.10 States Environmental Protection Agency to implement the 34.11 requirements of title X of the federal Residential Lead-Based 34.12 Paint Hazard Reduction Act of 1992, Public Law Number 102-550, 34.13 106 Statutes at Large 3897. 34.14 Sec. 43. [REPEALER.] 34.15 (a) Minnesota Statutes 1996, sections 62D.03, subdivision 34.16 2; and 62D.11, subdivision 4, are repealed. 34.17 (b) Minnesota Rules, part 4600.3900, is repealed. 34.18 (c) Laws 1988, chapter 495, section 1, is repealed. 34.19 Sec. 44. [EFFECTIVE DATE.] 34.20 Sections 17 and 21 are effective the day following final 34.21 enactment. Section 26 is effective retroactively to June 30, 34.22 1993.