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SF 95

1st Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  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. 
  1.38     Section 1.  Minnesota Statutes 1996, section 62D.02, 
  1.39  subdivision 10, is amended to read: 
  1.40     Subd. 10.  "Consumer" means any person other than a person 
  1.41  (a) whose occupation involves, or before retirement involved, 
  2.1   the administration of health activities or the providing of 
  2.2   health services; (b) who is, or ever was, employed by a health 
  2.3   care facility, as a licensed health professional; or (c) who 
  2.4   has, or ever had, a direct, substantial financial or managerial 
  2.5   interest in the rendering of health service other than the 
  2.6   payment of reasonable expense reimbursement or compensation as a 
  2.7   member 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 subdivision 2. 
  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.; 
  4.24     Contracts implemented prior to April 25, 1984, shall be 
  4.25  filed within 90 days of April 25, 1984.  These contracts are 
  4.26  subject to the provisions of section 62D.19, but are not subject 
  4.27  to the prospective review prescribed by this clause, unless or 
  4.28  until the terms of the contract are modified.  Commencing with 
  4.29  the next anniversary of the implementation of each of these 
  4.30  contracts immediately following filing, the health maintenance 
  4.31  organization shall, as otherwise required by this subdivision, 
  4.32  file 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 of consumers enrollees 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 FOR EXISTING ORGANIZATIONS.] (a) 
  7.2   Organizations that obtained a certificate of authority on or 
  7.3   before April 25, 1988, have until December 31, 1993, to 
  7.4   establish a net worth of at least 8-1/3 percent of the sum of 
  7.5   all expenses incurred during the previous calendar year, or 
  7.6   $1,000,000, whichever is greater. 
  7.7      (b) By December 31, 1989, organizations shall have a net 
  7.8   worth of at least one-fifth of 8-1/3 percent of the sum of all 
  7.9   expenses incurred during the previous calendar year, or 
  7.10  $1,000,000, whichever is greater. 
  7.11     (c) By December 31, 1990, organizations shall have a net 
  7.12  worth of at least two-fifths of 8-1/3 percent of the sum of all 
  7.13  expenses incurred during the previous calendar year, or 
  7.14  $1,000,000, whichever is greater. 
  7.15     (d) By December 31, 1991, organizations shall have a net 
  7.16  worth of at least three-fifths of 8-1/3 percent of the sum of 
  7.17  all expenses incurred during the previous calendar year, or 
  7.18  $1,000,000, whichever is greater. 
  7.19     (e) By December 31, 1992, organizations Each 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 of consumers enrollees 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; and 
  8.25     (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 
  9.9   grievances complaints 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' rights as 
  9.12  consumers.  The statement must be in bold print and captioned 
  9.13  "Important Consumer Enrollee 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:  
  9.21     (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. 
 11.4   (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 a grievance complaint 
 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 
 12.7   consumer enrollee 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 
 12.32  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 of consumer enrollee 
 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 the enroller enrollee 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 in 
 14.3   other sections, all group health maintenance contracts providing 
 14.4   benefits for mental or nervous disorder treatments in a hospital 
 14.5   shall also provide coverage for at least ten hours of treatment 
 14.6   over a 12-month period with a copayment not to exceed the 
 14.7   greater of $10 or 20 percent of the applicable usual and 
 14.8   customary charge for mental or nervous disorder consultation, 
 14.9   diagnosis and treatment services delivered while the enrollee is 
 14.10  not a bed patient in a hospital and at least 75 percent of the 
 14.11  cost of the usual and customary charges for any additional hours 
 14.12  of ambulatory mental health treatment during the same 12-month 
 14.13  benefit period for serious or persistent mental or nervous 
 14.14  disorders.  Prior authorization may be required for an extension 
 14.15  of coverage beyond ten hours of treatment.  This prior 
 14.16  authorization must be based upon the severity of the disorder, 
 14.17  the patient's risk of deterioration without ongoing treatment 
 14.18  and maintenance, degree of functional impairment, and a concise 
 14.19  treatment plan.  Authorization for extended treatment may be 
 14.20  limited to a maximum of 30 visit hours during any 12-month 
 14.21  benefit 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 use an alternative dispute resolution process to 
 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: 
 15.19  to any remedy contained in subdivision 1a, when a complaint 
 15.20  involves a dispute about a health maintenance organization's 
 15.21  coverage of an immediately and urgently needed a 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 OF SERVICE COVERAGE.] Within a reasonable 
 15.28  time after receiving an enrollee's written or oral communication 
 15.29  to the health maintenance organization concerning a refusal 
 15.30  denial of service coverage or inadequacy of services, the health 
 15.31  maintenance organization shall provide the enrollee with a 
 15.32  written statement of the reason for the refusal denial of 
 15.33  service coverage, 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, considering consumer enrollee 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 for 
 19.30  purposes of membership terms and removal of members and shall 
 19.31  terminate on June 30, 1999.  The work group shall meet at the 
 19.32  discretion of the commissioners of health and human services.  
 19.33  The commissioner of health shall work with the risk adjustment 
 19.34  association to ensure coordination between the risk adjustment 
 19.35  systems for the public and private sectors.  The commissioner of 
 19.36  human services shall seek any needed federal approvals necessary 
 20.1   for the inclusion of the medical assistance program in the 
 20.2   public programs risk adjustment system.  
 20.3      (c) The public programs risk adjustment work group must be 
 20.4   representative of the persons served by publicly paid health 
 20.5   programs and providers and health plans that meet their needs.  
 20.6   To the greatest extent possible, the appointing authorities 
 20.7   shall attempt to select representatives that have historically 
 20.8   served a significant number of persons in publicly paid health 
 20.9   programs or the uninsured.  Membership of the work group shall 
 20.10  be as follows: 
 20.11     (1) one provider member appointed by the Minnesota Medical 
 20.12  Association; 
 20.13     (2) two provider members appointed by the Minnesota 
 20.14  Hospital Association, at least one of whom must represent a 
 20.15  major disproportionate share hospital; 
 20.16     (3) five members appointed by the Minnesota Council of 
 20.17  HMOs, one of whom must represent an HMO with fewer than 50,000 
 20.18  enrollees located outside the metropolitan area and one of whom 
 20.19  must represent an HMO with at least 50 percent of total 
 20.20  membership enrolled through a public program; 
 20.21     (4) two representatives of counties appointed by the 
 20.22  Association of Minnesota Counties; 
 20.23     (5) three representatives of organizations representing the 
 20.24  interests of families, children, childless adults, and elderly 
 20.25  persons served by the various publicly paid health programs 
 20.26  appointed by the governor; 
 20.27     (6) two representatives of persons with mental health, 
 20.28  developmental or physical disabilities, chemical dependency, or 
 20.29  chronic illness appointed by the governor; and 
 20.30     (7) three public members appointed by the governor, at 
 20.31  least one of whom must represent a community health board.  The 
 20.32  risk adjustment association may appoint a representative, if a 
 20.33  representative is not otherwise appointed by an appointing 
 20.34  authority. 
 20.35     (d) The commissioners of health and human services, with 
 20.36  the advice of the public programs risk adjustment work group, 
 21.1   shall develop a work plan and time frame and shall coordinate 
 21.2   their efforts with the private sector risk adjustment 
 21.3   association's activities and other state initiatives related to 
 21.4   public program managed care reimbursement.  The commissioners of 
 21.5   health and human services shall report to the health care 
 21.6   commission and to the appropriate legislative committees on 
 21.7   January 15, 1996, and on January 15, 1997, on any policy or 
 21.8   legislative changes necessary to implement the public program 
 21.9   risk adjustment system. 
 21.10     Sec. 21.  Minnesota Statutes 1996, section 144.125, is 
 21.11  amended to read: 
 21.13     It is the duty of (1) the administrative officer or other 
 21.14  person in charge of each institution caring for infants 28 days 
 21.15  or less of age and, (2) the person required in pursuance of the 
 21.16  provisions of section 144.215, to register the birth of a child, 
 21.17  or (3) the nurse midwife or midwife in attendance at the birth, 
 21.18  to cause arrange to have administered to every infant or child 
 21.19  in its care tests for hemoglobinopathy, phenylketonuria, and 
 21.20  other inborn errors of metabolism in accordance with rules 
 21.21  prescribed by the state commissioner of health.  In determining 
 21.22  which tests must be administered, the commissioner shall take 
 21.23  into consideration the adequacy of laboratory methods to detect 
 21.24  the inborn metabolic error, the ability to treat or prevent 
 21.25  medical conditions caused by the inborn metabolic error, and the 
 21.26  severity of the medical conditions caused by the inborn 
 21.27  metabolic error.  Testing and the recording and reporting of the 
 21.28  test results of the tests shall be performed at the times and in 
 21.29  the manner prescribed by the commissioner of health.  The 
 21.30  commissioner shall charge laboratory service fees for conducting 
 21.31  the tests of infants for inborn metabolic errors so that the 
 21.32  total of fees collected will approximate the costs of conducting 
 21.33  the tests.  Costs associated with capital expenditures and the 
 21.34  development of new procedures may be prorated over a three-year 
 21.35  period when calculating the amount of the fees. 
 21.36     Sec. 22.  Minnesota Statutes 1996, section 144.215, 
 22.1   subdivision 1, is amended to read: 
 22.2      Subdivision 1.  [WHEN AND WHERE TO FILE.] A certificate of 
 22.3   birth for each live birth which occurs in this state shall be 
 22.4   filed with the state registrar or the local registrar of the 
 22.5   district in which the birth occurred, within five days after the 
 22.6   birth. 
 22.7      Sec. 23.  Minnesota Statutes 1996, section 144.218, is 
 22.8   amended to read: 
 22.10     Subdivision 1.  [ADOPTION.] Upon receipt of a certified 
 22.11  copy of an order, decree, or certificate of adoption, the state 
 22.12  registrar shall register a supplementary replacement certificate 
 22.13  in the new name of the adopted person.  The original certificate 
 22.14  of birth and the certified copy are confidential pursuant to 
 22.15  section 13.02, subdivision 3, and shall not be disclosed except 
 22.16  pursuant to court order or section 144.1761.  A certified copy 
 22.17  of the original birth certificate from which the registration 
 22.18  number has been deleted and which has been marked "Not for 
 22.19  Official Use," or the information contained on the original 
 22.20  birth certificate, except for the registration number, shall be 
 22.21  provided on request to a parent who is named on the original 
 22.22  birth certificate.  Upon the receipt of a certified copy of a 
 22.23  court order of annulment of adoption the state registrar shall 
 22.24  restore the original certificate to its original place in the 
 22.25  file. 
 22.26     Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 
 22.27  the adoption of a person who was born in a foreign country, the 
 22.28  court, upon evidence presented by the commissioner of human 
 22.29  services from information secured at the port of entry, or upon 
 22.30  evidence from other reliable sources, may make findings of fact 
 22.31  as to the date and place of birth and parentage.  Upon receipt 
 22.32  of certified copies of the court findings and the order or 
 22.33  decree of adoption, the state registrar shall register a birth 
 22.34  certificate in the new name of the adopted person.  The 
 22.35  certified copies of the court findings and the order or decree 
 22.36  of adoption are confidential, pursuant to section 13.02, 
 23.1   subdivision 3, and shall not be disclosed except pursuant to 
 23.2   court order or section 144.1761.  The birth certificate shall 
 23.3   state the place of birth as specifically as possible, and that 
 23.4   the certificate is not evidence of United States citizenship. 
 23.5      Subd. 3.  [SUBSEQUENT MARRIAGE OF BIRTH PARENTS.] If, in 
 23.6   cases in which a certificate of birth has been registered 
 23.7   pursuant to section 144.215 and the birth parents of the child 
 23.8   marry after the birth of the child, a new replacement 
 23.9   certificate of birth shall be registered upon presentation of a 
 23.10  certified copy of the marriage certificate of the birth parents, 
 23.11  and either an acknowledgment a recognition of parentage or court 
 23.12  adjudication of paternity.  The information presented and the 
 23.13  original certificate of birth are confidential, pursuant to 
 23.14  section 13.02, subdivision 3, and shall not be disclosed except 
 23.15  pursuant to court order. 
 23.17  CERTIFICATES.] If a court finds that a birth certificate is 
 23.18  incomplete, inaccurate or false, or if it is being issued 
 23.19  pursuant to section 259.10, subdivision 2, it may order the 
 23.20  registration of a new replacement certificate, and, if 
 23.21  necessary, set forth the correct information in the order.  Upon 
 23.22  receipt of the order the state registrar shall register a new 
 23.23  replacement certificate containing the findings of the court, 
 23.24  and the prior certificate shall be confidential pursuant to 
 23.25  section 13.02, subdivision 3, and shall not be disclosed except 
 23.26  pursuant to court order. 
 23.27     Sec. 24.  Minnesota Statutes 1996, section 144.664, 
 23.28  subdivision 3, is amended to read: 
 23.29     Subd. 3.  [NOTIFICATION.] Within five days of receiving a 
 23.30  report of traumatic brain injury or spinal cord injury, the 
 23.31  commissioner shall notify the commissioner of economic 
 23.32  security.  The notification shall include the person's name and 
 23.33  other identifying information injured person or the injured 
 23.34  person's family of resources and services available in 
 23.35  Minnesota, pursuant to section 144.662, clause (2). 
 23.36     Sec. 25.  Minnesota Statutes 1996, section 144.665, is 
 24.1   amended to read: 
 24.3   DATA.] 
 24.4      Data on individuals collected by the commissioner of health 
 24.5   under sections 144.662 to 144.664 or provided to the 
 24.6   commissioner of economic security under section 144.664 are 
 24.7   private data on individuals as defined in section 13.02, 
 24.8   subdivision 12, and may be used only for the purposes set forth 
 24.9   in sections 144.662 to 144.664 in accordance with the rules 
 24.10  adopted by the commissioner. 
 24.11     Sec. 26.  Minnesota Statutes 1996, section 144.672, 
 24.12  subdivision 1, is amended to read: 
 24.13     Subdivision 1.  [RULE AUTHORITY.] The commissioner of 
 24.14  health shall collect cancer incidence information, analyze the 
 24.15  information, and conduct special studies designed to determine 
 24.16  the potential public health significance of an increase in 
 24.17  cancer incidence. 
 24.18     The commissioner shall adopt rules to administer the 
 24.19  system, collect information, and distribute data.  The rules 
 24.20  must include, but not be limited to, the following: 
 24.21     (1) the type of data to be reported; 
 24.22     (2) standards for reporting specific types of data; 
 24.23     (3) payments allowed to hospitals, pathologists, and 
 24.24  registry systems to defray their costs in providing information 
 24.25  to the system; 
 24.26     (4) criteria relating to contracts made with outside 
 24.27  entities to conduct studies using data collected by the system.  
 24.28  The criteria may include requirements for a written protocol 
 24.29  outlining the purpose and public benefit of the study, the 
 24.30  description, methods, and projected results of the study, peer 
 24.31  review by other scientists, the methods and facilities to 
 24.32  protect the privacy of the data, and the qualifications of the 
 24.33  researcher proposing to undertake the study; 
 24.34     (5) specification of fees to be charged under section 
 24.35  13.03, subdivision 3, for all out-of-pocket expenses for data 
 24.36  summaries or specific analyses of data requested by public and 
 25.1   private agencies, organizations, and individuals, and which are 
 25.2   not otherwise included in the commissioner's annual summary 
 25.3   reports.  Fees collected are appropriated to the commissioner to 
 25.4   offset the cost of providing the data; and 
 25.5      (6) establishment of a committee to assist the commissioner 
 25.6   in the review of system activities.  The committee expires as 
 25.7   provided in section 15.059, subdivision 5. The committee is 
 25.8   governed by section 15.059, except it expires June 30, 1999. 
 25.9      Sec. 27.  Minnesota Statutes 1996, section 144.9501, is 
 25.10  amended by adding a subdivision to read: 
 25.11     Subd. 6a.  [CHILD.] "Child" means an individual up to 72 
 25.12  months of age. 
 25.13     Sec. 28.  Minnesota Statutes 1996, section 144.9501, 
 25.14  subdivision 29, is amended to read: 
 25.15     Subd. 29.  [SWAB TEAM SERVICES.] "Swab team services" means 
 25.16  activities that provide protection from lead hazards such as:  
 25.17     (1) removing lead dust by washing, vacuuming with high 
 25.18  efficiency particle accumulator (HEPA) or wet vacuum cleaners, 
 25.19  and cleaning the interior of residential property; 
 25.20     (2) removing loose paint and paint chips and reporting 
 25.21  repainting or installing guards to protect intact paint; 
 25.22     (3) covering or replacing bare soil that has a lead 
 25.23  concentration of 100 parts per million or more; 
 25.24     (4) health education; 
 25.25     (5) advice and assistance to help residents locate and move 
 25.26  to a temporary residence while lead hazard reduction is being 
 25.27  completed; or 
 25.28     (6) any other assistance necessary to meet the resident's 
 25.29  immediate needs as a result of the relocation.  
 25.30     Sec. 29.  Minnesota Statutes 1996, section 144.9504, 
 25.31  subdivision 2, is amended to read: 
 25.32     Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
 25.33  conduct a lead inspection of a residence according to the venous 
 25.34  blood lead level and time frame set forth in clauses (1) 
 25.35  to (4) (5) for purposes of secondary prevention:  
 25.36     (1) within 48 hours of a child or pregnant female in the 
 26.1   residence being identified to the agency as having a venous 
 26.2   blood lead level equal to or greater than 70 micrograms of lead 
 26.3   per deciliter of whole blood; 
 26.4      (2) within five working days of a child or pregnant female 
 26.5   in the residence being identified to the agency as having a 
 26.6   venous blood lead level equal to or greater than 45 micrograms 
 26.7   of lead per deciliter of whole blood; 
 26.8      (3) within ten working days of a child or pregnant female 
 26.9   in the residence being identified to the agency as having a 
 26.10  venous blood lead level equal to or greater than 20 micrograms 
 26.11  of lead per deciliter of whole blood; or 
 26.12     (4) within ten working days of a child or pregnant female 
 26.13  in the residence being identified to the agency as having a 
 26.14  venous blood lead level that persists in the range of 15 to 19 
 26.15  micrograms of lead per deciliter of whole blood for 90 days 
 26.16  after initial identification; or 
 26.17     (5) within ten working days of a pregnant female in the 
 26.18  residence being identified to the agency as having a venous 
 26.19  blood lead level equal to or greater than ten micrograms of lead 
 26.20  per deciliter of whole blood.  
 26.21     (b) Within the limits of available state and federal 
 26.22  appropriations, an inspecting agency may also conduct a lead 
 26.23  inspection for children with any elevated blood lead level.  
 26.24     (c) In a building with two or more dwelling units, an 
 26.25  inspecting agency shall inspect the individual unit in which the 
 26.26  conditions of this section are met and shall also inspect all 
 26.27  common areas.  If a child visits one or more other sites such as 
 26.28  another residence, or a residential or commercial child care 
 26.29  facility, playground, or school, the inspecting agency shall 
 26.30  also inspect the other sites.  The inspecting agency shall have 
 26.31  one additional day added to the time frame set forth in this 
 26.32  subdivision to complete the lead inspection for each additional 
 26.33  site.  
 26.34     (d) Within the limits of appropriations, the inspecting 
 26.35  agency shall identify the known addresses for the previous 12 
 26.36  months of the child or pregnant female with elevated blood lead 
 27.1   levels; notify the property owners, landlords, and tenants at 
 27.2   those addresses that an elevated blood lead level was found in a 
 27.3   person who resided at the property; and give them a copy of the 
 27.4   lead inspection guide. This information shall be classified as 
 27.5   private data on individuals as defined under section 13.02, 
 27.6   subdivision 12.  
 27.7      (e) The inspecting agency shall conduct the lead inspection 
 27.8   according to rules adopted by the commissioner under section 
 27.9   144.9508.  An inspecting agency shall have lead inspections 
 27.10  performed by lead inspectors licensed by the commissioner 
 27.11  according to rules adopted under section 144.9508.  If a 
 27.12  property owner refuses to allow an inspection, the inspecting 
 27.13  agency shall begin legal proceedings to gain entry to the 
 27.14  property and the time frame for conducting a lead inspection set 
 27.15  forth in this subdivision no longer applies.  An inspector or 
 27.16  inspecting agency may observe the performance of lead hazard 
 27.17  reduction in progress and shall enforce the provisions of this 
 27.18  section under section 144.9509.  Deteriorated painted surfaces, 
 27.19  bare soil, dust, and drinking water must be tested with 
 27.20  appropriate analytical equipment to determine the lead content, 
 27.21  except that deteriorated painted surfaces or bare soil need not 
 27.22  be tested if the property owner agrees to engage in lead hazard 
 27.23  reduction on those surfaces.  
 27.24     (f) A lead inspector shall notify the commissioner and the 
 27.25  board of health of all violations of lead standards under 
 27.26  section 144.9508, that are identified in a lead inspection 
 27.27  conducted under this section.  
 27.28     (g) Each inspecting agency shall establish an 
 27.29  administrative appeal procedure which allows a property owner to 
 27.30  contest the nature and conditions of any lead order issued by 
 27.31  the inspecting agency.  Inspecting agencies must consider 
 27.32  appeals that propose lower cost methods that make the residence 
 27.33  lead safe. 
 27.34     (h) Sections 144.9501 to 144.9509 neither authorize nor 
 27.35  prohibit an inspecting agency from charging a property owner for 
 27.36  the cost of a lead inspection.  
 28.1      Sec. 30.  Minnesota Statutes 1996, section 144.9506, 
 28.2   subdivision 1, is amended to read: 
 28.3      Subdivision 1.  [LICENSE REQUIRED.] (a) A lead inspector 
 28.4   shall obtain a license before performing lead inspections and 
 28.5   shall renew it annually.  The commissioner shall charge a fee 
 28.6   and require annual training, as specified in this section.  A 
 28.7   lead inspector shall have the inspector's license readily 
 28.8   available at all times at an inspection site and make it 
 28.9   available, on request, for inspection by the inspecting agency 
 28.10  with jurisdiction over the site.  A license shall not be 
 28.11  transferred. 
 28.12     (b) Individuals shall not advertise or otherwise present 
 28.13  themselves as lead inspectors unless licensed by the 
 28.14  commissioner. 
 28.15     (c) An individual may use sodium rhodizonate to test paint 
 28.16  for the presence of lead without obtaining a lead inspector 
 28.17  license, but must not represent the test as a lead inspection. 
 28.18     Sec. 31.  Minnesota Statutes 1996, section 144.9506, 
 28.19  subdivision 5, is amended to read: 
 28.20     Subd. 5.  [APPROVAL OF LEAD INSPECTION COURSE.] Until the 
 28.21  commissioner adopts rules under section 144.9508 to license lead 
 28.22  inspectors and approve lead inspector training courses, a lead 
 28.23  inspection course sponsored by a training course provider in one 
 28.24  of the regional lead training consortia established by the 
 28.25  United States Environmental Protection Agency is an approved 
 28.26  course for the purpose of this section, providing it covers the 
 28.27  criteria listed in section 144.9505.  The commissioner shall 
 28.28  evaluate for approval by permit lead inspector courses other 
 28.29  than those approved by the United States Environmental 
 28.30  Protection Agency.  After adoption of rules under section 
 28.31  144.9508, all training courses offered for the purpose of 
 28.32  licensing individuals as lead inspectors must be reviewed and 
 28.33  approved by the commissioner. 
 28.34     Sec. 32.  Minnesota Statutes 1996, section 144.99, 
 28.35  subdivision 9, is amended to read: 
 29.1   REGISTRATIONS, OR CERTIFICATES.] The commissioner may suspend, 
 29.2   place conditions on, or revoke a permit, license, registration, 
 29.3   or certificate issued under the statutes or rules cited in 
 29.4   subdivision 1 for: 
 29.5      (1) serious or repeated violations of the requirements in 
 29.6   the statutes, rules, or other actions listed in subdivision 1 
 29.7   that apply to the permit, license, registration, or certificate, 
 29.8   or if the applicant submitted; 
 29.9      (2) submitting false material information to the department 
 29.10  in connection with activities for which the permit, license, 
 29.11  registration, or certificate. is issued; 
 29.12     (3) allowing the alteration or use of one's own permit, 
 29.13  license, registration, or certificate by another; or 
 29.14     (4) within the previous five years, conviction of a crime 
 29.15  in connection with activities for which the permit, license, 
 29.16  registration, or certificate was issued. 
 29.17     Sec. 33.  Minnesota Statutes 1996, section 144.99, 
 29.18  subdivision 10, is amended to read: 
 29.21  CERTIFICATE.] If the commissioner proposes to deny, refuses to 
 29.22  renew, suspends, or revokes a permit, license, registration, or 
 29.23  certificate under subdivision 8 or 9, the commissioner must 
 29.24  first notify, in writing, the person against whom the action is 
 29.25  proposed to be taken and provide the person an opportunity to 
 29.26  request a hearing under the contested case provisions of chapter 
 29.27  14.  If the person does not request a hearing by notifying the 
 29.28  commissioner within 20 days after receipt of the notice of 
 29.29  proposed action, the commissioner may proceed with the action 
 29.30  without a hearing.  This subdivision does not apply to: 
 29.31     (1) the denial of or refusal to renew a permit, license, 
 29.32  registration, or certificate based on the applicant's failure to 
 29.33  meet or maintain the minimum qualifications for holding the 
 29.34  permit, license, registration, or certificate; or 
 29.35     (2) the denial of, refusal to renew, suspension of, or 
 29.36  revocation of a permit, license, registration, or certificate if 
 30.1   the person against whom the action is proposed to be taken has 
 30.2   been granted a hearing under this subdivision within the 
 30.3   previous 12 months. 
 30.4      Sec. 34.  Minnesota Statutes 1996, section 257.73, is 
 30.5   amended to read: 
 30.6      257.73 [BIRTH RECORDS.] 
 30.7      Subdivision 1.  Upon compliance with the provisions of 
 30.8   section 257.55, subdivision 1, paragraph (e), 257.75, or upon 
 30.9   order of a court of this state or upon request of a court of 
 30.10  another state, the state or local registrar of vital statistics 
 30.11  shall prepare a new replacement certificate of birth consistent 
 30.12  with the acknowledgment or the findings of the court and shall 
 30.13  substitute the new replacement certificate for the original 
 30.14  certificate of birth.  
 30.15     Subd. 2.  The fact that the father and child relationship 
 30.16  was declared after the child's birth shall not be ascertainable 
 30.17  from the new replacement certificate but the actual place and 
 30.18  date of birth shall be shown.  
 30.19     Subd. 3.  The evidence upon which the new replacement 
 30.20  certificate was made and the original birth certificate shall be 
 30.21  kept in a sealed and confidential file and be subject to 
 30.22  inspection only upon consent of the court and all interested 
 30.23  persons, or in exceptional cases only upon an order of the court 
 30.24  for good cause shown.  
 30.25     Sec. 35.  Minnesota Statutes 1996, section 326.71, 
 30.26  subdivision 4, is amended to read: 
 30.27     Subd. 4.  [ASBESTOS-RELATED WORK.] "Asbestos-related work" 
 30.28  means the enclosure, removal, or encapsulation of 
 30.29  asbestos-containing material in a quantity that meets or exceeds 
 30.30  260 lineal feet of friable asbestos-containing material on 
 30.31  pipes, 160 square feet of friable asbestos-containing material 
 30.32  on other facility components, or, if linear feet or square feet 
 30.33  cannot be measured, a total of 35 cubic feet of friable 
 30.34  asbestos-containing material on or off all facility components 
 30.35  in one facility.  In the case of single or multifamily 
 30.36  residences, "asbestos-related work" also means the enclosure, 
 31.1   removal, or encapsulation of greater than ten but less than 260 
 31.2   lineal linear feet of friable asbestos-containing material on 
 31.3   pipes or ducts or, greater than six but less than 160 square 
 31.4   feet of friable asbestos-containing material on other facility 
 31.5   components, or, if linear feet or square feet cannot be 
 31.6   measured, greater than one cubic foot but less than 35 cubic 
 31.7   feet of friable asbestos-containing material on or off all 
 31.8   facility components in one facility.  This provision excludes 
 31.9   asbestos-containing floor tiles and sheeting, roofing materials, 
 31.10  siding, and all ceilings with asbestos-containing material in 
 31.11  single family residences and buildings with no more than four 
 31.12  dwelling units.  Asbestos-related work includes asbestos 
 31.13  abatement area preparation; enclosure, removal, or encapsulation 
 31.14  operations; and an air quality monitoring specified in rule to 
 31.15  assure that the abatement and adjacent areas are not 
 31.16  contaminated with asbestos fibers during the project and after 
 31.17  completion. 
 31.18     For purposes of this subdivision, the quantity of asbestos 
 31.19  containing material applies separately for every project. 
 31.20     Sec. 36.  Minnesota Statutes 1996, section 326.71, 
 31.21  subdivision 6, is amended to read: 
 31.22     Subd. 6.  [CONTRACTING ENTITY.] "Contracting entity" means 
 31.23  a public or private body, board, natural person, corporation, 
 31.24  partnership, proprietorship, joint venture, fund, authority, or 
 31.25  similar entity that contracts with a person to do 
 31.26  asbestos-related work or asbestos management activity for the 
 31.27  benefit of the contracting entity. 
 31.28     Sec. 37.  Minnesota Statutes 1996, section 326.72, 
 31.29  subdivision 2, is amended to read: 
 31.30     Subd. 2.  [DISPLAY OF LICENSE.] Licensees shall post a 
 31.31  project permit, obtained from the commissioner after compliance 
 31.32  with the provisions of section 326.74 and rules promulgated 
 31.33  under section 326.78, in a conspicuous place outside of the 
 31.34  asbestos abatement work area.  The actual license or a copy 
 31.35  shall be readily available at the work site for inspection by 
 31.36  the commissioner, other public officials charged with the 
 32.1   health, safety, and welfare of the state's citizens, and the 
 32.2   contracting entity.  
 32.3      Sec. 38.  Minnesota Statutes 1996, section 326.74, is 
 32.4   amended to read: 
 32.5      326.74 [REPORTING ASBESTOS WORK.] 
 32.6      At least five calendar days before beginning any 
 32.7   asbestos-related work, Written notice shall be given to the 
 32.8   commissioner of the an asbestos-related work project by the 
 32.9   person holding the license issued under section 326.72, 
 32.10  subdivision 1.  Unless the project is an emergency project as 
 32.11  defined in rule by the commissioner, the notice shall be given 
 32.12  to the commissioner at least five calendar days before the 
 32.13  project begins.  The notice shall contain the following 
 32.14  information:  
 32.15     (1) a brief description of the work to be performed; 
 32.16     (2) the name of the contracting entity; 
 32.17     (3) the location and address of the project work site; 
 32.18     (4) the approximate duration of the project; 
 32.19     (5) the approximate amount of the asbestos involved in the 
 32.20  project; 
 32.21     (6) the name of any project manager; and 
 32.22     (7) other information required by the commissioner.  
 32.23     Sec. 39.  Minnesota Statutes 1996, section 326.76, is 
 32.24  amended to read: 
 32.26     A contracting entity intending to have asbestos-related 
 32.27  work or asbestos management activity performed for its benefit 
 32.28  shall include in the specifications and contracts for the work a 
 32.29  requirement that the work be performed by contractors and 
 32.30  subcontractors licensed or certified by the commissioner under 
 32.31  sections 326.70 to 326.81 and in accordance with rules 
 32.32  prescribed by the commissioner related to asbestos 
 32.33  abatement asbestos-related work and asbestos management 
 32.34  activity.  No contracting entity shall allow asbestos-related 
 32.35  work or asbestos management activity to be performed for its 
 32.36  benefit unless it has seen that the person has a valid license 
 33.1   or certificate.  A contracting entity's failure to comply with 
 33.2   this section does not relieve a person from any responsibilities 
 33.3   under sections 326.70 to 326.81. 
 33.4      Sec. 40.  Minnesota Statutes 1996, section 326.78, 
 33.5   subdivision 1, is amended to read: 
 33.6      Subdivision 1.  [RULEMAKING.] The commissioner shall adopt 
 33.7   and begin enforcement of rules necessary to implement sections 
 33.8   326.70 to 326.81.  The rules adopted shall not be duplicative of 
 33.9   rules adopted by the commissioner of the department of labor and 
 33.10  industry.  The rules shall include rules in the following areas: 
 33.11     (1) application, enclosure, removal, and encapsulation 
 33.12  procedures; 
 33.13     (2) license and certificate qualification requirements; 
 33.14     (3) examinations for obtaining a license and certificate; 
 33.15     (4) training necessary for individual certification; 
 33.16     (5) qualifications for managers of asbestos 
 33.17  abatement asbestos-related work projects; 
 33.18     (6) abatement asbestos-related work and asbestos management 
 33.19  activity specifications; 
 33.20     (7) any contractor bonding and insurance requirements 
 33.21  deemed necessary by the commissioner; 
 33.22     (8) license and certificate issuance and revocation 
 33.23  procedures; 
 33.24     (9) suspension or revocation of licenses or certificates; 
 33.25     (10) license and certificate suspension and revocation 
 33.26  criteria; 
 33.27     (11) cleanup standards; 
 33.28     (12) continuing education requirements; and 
 33.29     (13) other rules necessary to implement sections 326.70 to 
 33.30  326.81.  
 33.31     Sec. 41.  Minnesota Statutes 1996, section 326.785, is 
 33.32  amended to read: 
 33.34     Notwithstanding Minnesota Rules, part 4620.3500, subpart 4, 
 33.35  item B, subitem (5) 4620.3568, subparts 1 to 4, containment 
 33.36  barriers, in the case of tunnel abatement enclosures, are 
 34.1   limited to double critical barriers. 
 34.3      The commissioner of health shall amend Minnesota Rules, 
 34.4   chapter 4761, as needed to conform with federal regulations, and 
 34.5   shall perform any procedural steps necessary to obtain 
 34.6   authorization to administer the regulations in Code of Federal 
 34.7   Regulations, title 40, part 745 (1996), adopted by the United 
 34.8   States Environmental Protection Agency to implement the 
 34.9   requirements of title X of the federal Residential Lead-Based 
 34.10  Paint Hazard Reduction Act of 1992, Public Law Number 102-550, 
 34.11  106 Statutes at Large 3897. 
 34.12     Sec. 43.  [REPEALER.] 
 34.13     (a) Minnesota Statutes 1996, sections 62D.03, subdivision 
 34.14  2; and 62D.11, subdivision 4, are repealed. 
 34.15     (b) Minnesota Rules, part 4600.3900, is repealed. 
 34.16     (c) Laws 1988, chapter 495, section 1, is repealed.  
 34.17     Sec. 44.  [EFFECTIVE DATE.] 
 34.18     Sections 17 and 21 are effective the day following final 
 34.19  enactment.  Section 26 is effective retroactively to June 30, 
 34.20  1993.