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Minnesota Legislature

Office of the Revisor of Statutes

SF 1586

as introduced - 91st Legislature (2019 - 2020) Posted on 03/28/2019 03:44pm

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

Current Version - as introduced

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A bill for an act
relating to state government; creating a Department of Direct Care and Treatment
and Office of Inspector General; transferring duties from the Department of Human
Services and other state agencies to the new state agency and office; requiring
reports; amending Minnesota Statutes 2018, sections 15.01; 15.06, subdivision 1;
15A.0815, subdivision 2; 43A.08, subdivision 1a; proposing coding for new law
as Minnesota Statutes, chapters 245I; 246C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

DEPARTMENT OF DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2018, section 15.01, is amended to read:


15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections;new text begin the Department of Direct Care and Treatment;new text end the Department
of Education; the Department of Employment and Economic Development; the Department
of Health; the Department of Human Rights;new text begin the Department of Human Services;new text end the
Department of Iron Range Resources and Rehabilitation; the Department of Labor and
Industry; the Department of Management and Budget; the Department of Military Affairs;
the Department of Natural Resources; the Department of Public Safety; deleted text beginthe Department of
Human Services;
deleted text end the Department of Revenue; the Department of Transportation; the
Department of Veterans Affairs; and their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 15.06, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administrationdeleted text begin,deleted text endnew text begin;new text end Agriculturedeleted text begin,deleted text endnew text begin;new text end Commercedeleted text begin,deleted text endnew text begin;new text end Correctionsdeleted text begin,deleted text endnew text begin; Direct
Care and Treatment;
new text end Educationdeleted text begin,deleted text endnew text begin;new text end Employment and Economic Developmentdeleted text begin,deleted text endnew text begin;new text end Healthdeleted text begin,deleted text endnew text begin;new text end Human
Rightsdeleted text begin,deleted text endnew text begin; Human Services;new text end Labor and Industrydeleted text begin,deleted text endnew text begin;new text end Management and Budgetdeleted text begin,deleted text endnew text begin;new text end Natural Resourcesdeleted text begin,deleted text endnew text begin;new text end
Public Safetydeleted text begin, Human Services,deleted text endnew text begin;new text end Revenuedeleted text begin,deleted text endnew text begin;new text end Transportationdeleted text begin,deleted text endnew text begin;new text end and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range
Resources and Rehabilitation; the Office of MN.IT Services; the Bureau of Mediation
Services; and their successor departments and agencies. The heads of the foregoing
departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, section 15A.0815, subdivision 2, is amended to read:


Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

new text begin Commissioner of direct care and treatment;
new text end

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 43A.08, subdivision 1a, is amended to read:


Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce; Corrections; new text beginDirect Care and
Treatment;
new text endEducation; Employment and Economic Development; Explore Minnesota
Tourism; Management and Budget; Health; Human Rights; new text beginHuman Services; new text endLabor and
Industry; Natural Resources; Public Safety; deleted text beginHuman Services;deleted text end Revenue; Transportation; and
Veterans Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery;
the State Board of Investment; the Office of Administrative Hearings; the Office of MN.IT
Services; the Offices of the Attorney General, Secretary of State, and State Auditor; the
Minnesota State Colleges and Universities; the Minnesota Office of Higher Education; the
Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 5.

new text begin [246C.01] DEPARTMENT OF DIRECT CARE AND TREATMENT.
new text end

new text begin (a) The Department of Direct Care and Treatment is created. The governor shall appoint
the commissioner of direct care and treatment under section 15.06. The commissioner shall
develop and maintain direct care and treatment in a manner consistent with sections 245.461
and 245.487 and chapters 246, 252, 253, 254A, and 254B. Direct care and treatment services
shall be provided in coordination with counties and other vendors. Direct care and treatment
services shall include specialized inpatient programs at secure treatment facilities as defined
in sections 253B.02, subdivision 18a, and 253D.02, subdivision 13; community preparation
services; regional treatment centers; enterprise services; consultative services; aftercare
services; community-based services and programs; transition services; nursing home services;
or other services consistent with the mission of the Department of Direct Care and Treatment.
new text end

new text begin (b) "Community preparation services" means specialized inpatient or outpatient services
or programs that are operated outside of a secure environment but administered by a secure
treatment facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 6.

new text begin [246C.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with the approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under section 16B.37 may be made only to an agency that has been in existence for at least
one year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The initial salary for the commissioner of direct care and treatment is the same as
the salary for the health systems chief executive officer of direct care and treatment at the
Department of Human Services immediately before the effective date of this chapter. The
salary may be changed in the manner specified in section 15A.0815.
new text end

new text begin (d) The commissioner of management and budget must ensure that the aggregate cost
for the commissioner of direct care and treatment is not more than the aggregate cost of the
primary executives in the Department of Human Services responsible for management of
direct care and treatment immediately before the effective date of this chapter.
new text end

new text begin (e) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 7. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments shall prepare legislation for introduction in the 2020 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

ARTICLE 2

OFFICE OF INSPECTOR GENERAL

Section 1.

new text begin [245I.01] OFFICE OF INSPECTOR GENERAL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin A state Office of Inspector General is created.
new text end

new text begin Subd. 2. new text end

new text begin Director. new text end

new text begin (a) The office shall be under the direction of an inspector general
who shall be appointed by the governor, with the advice and consent of the senate, for a
term ending on June 30 of the sixth calendar year after appointment. Senate confirmation
of the inspector general shall be as provided by section 15.066. The inspector general shall
appoint deputies to serve in the office as necessary to fulfill the duties of the office. The
inspector general may delegate to a subordinate employee the exercise of a specified statutory
power or duty, subject to the control of the inspector general. Every delegation must be by
written order filed with the secretary of state.
new text end

new text begin (b) The inspector general shall be in the unclassified service, but may be removed only
for cause.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The inspector general shall, in coordination with counties where
applicable:
new text end

new text begin (1) develop and maintain the licensing and regulatory functions related to hospitals,
boarding care homes, outpatient surgical centers, birthing centers, nursing homes, home
care agencies, supplemental nursing services agencies, hospice providers, housing with
services establishments, assisted living facilities, prescribed pediatric extended care centers,
and board and lodging establishments with special services consistent with chapters 144A,
144D, 144G, and 144H, and sections 144.50 to 144.58, 144.615, and 157.17;
new text end

new text begin (2) notwithstanding the requirement under section 144A.52, subdivision 1, that the
director of the Office of Health Facility Complaints be appointed by the commissioner of
health, assume the role of director of the Office of Health Facility Complaints;
new text end

new text begin (3) develop and maintain the licensing and regulatory functions related to adult day care,
child care and early education, children's residential facilities, foster care, home and
community-based services, independent living assistance for youth, outpatient mental health
clinics or centers, residential mental health treatment for adults, and substance use disorder
treatment consistent with chapters 245, 245A, 245D, 245F, 245G, 245H, 252, and 256;
new text end

new text begin (4) conduct background studies according to sections 144.058, 144A.476, 144A.62,
144A.754, and 157.17 and chapter 245C. For the purpose of completing background studies,
the inspector general shall have authority to access maltreatment data maintained by local
welfare agencies or agencies responsible for assessing or investigating reports under section
626.556, and names of substantiated perpetrators related to maltreatment of vulnerable
adults maintained by the commissioner of human services under section 626.557;
new text end

new text begin (5) develop and maintain the background study requirements consistent with chapter
245C;
new text end

new text begin (6) be responsible for ensuring the detection, prevention, investigation, and resolution
of fraudulent activities or behavior by applicants, recipients, providers, and other participants
in the human services programs administered by the Department of Human Services;
new text end

new text begin (7) require county agencies to identify overpayments, establish claims, and utilize all
available and cost-beneficial methodologies to collect and recover these overpayments in
the human services programs administered by the Department of Human Services; and
new text end

new text begin (8) develop, maintain, and administer the common entry point established on July 1,
2015, under section 626.557, subdivision 9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

new text begin [245I.05] TRANSFER OF DUTIES.
new text end

new text begin (a) Section 15.039 applies to the transfer of duties required by this chapter.
new text end

new text begin (b) The commissioner of administration, with approval of the governor, may issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers
under that section may be made only to an agency that has been in existence for at least one
year does not apply to transfers to an agency created by this chapter.
new text end

new text begin (c) The commissioner of management and budget must ensure that the aggregate cost
for the inspector general of the Office of Inspector General is not more than the aggregate
cost of the primary executives in the Office of Inspector General at the Department of
Human Services and the Health Regulation Division at the Department of Health immediately
before the effective date of this chapter.
new text end

new text begin (d) For an employee affected by the transfer of duties required by this chapter, the
seniority accrued by the employee at the employee's former agency transfers to the employee's
new agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 3. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with staff from the House Research Department;
House Fiscal Analysis; the Office of Senate Counsel, Research, and Fiscal Analysis; and
the respective departments shall prepare legislation for introduction in the 2020 legislative
session proposing the statutory changes needed to implement the transfers of duties required
by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end