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SF 3967

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 09:18am

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

Current Version - as introduced

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A bill for an act
relating to human services; amending training requirements; amending Minnesota
Statutes 2018, sections 245A.041, by adding a subdivision; 245A.11, by adding
a subdivision; Minnesota Statutes 2019 Supplement, sections 245A.18, subdivision
2; 256B.064, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

Minnesota Statutes 2018, section 245A.041, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin First date of direct contact. new text end

new text begin Except for family child care and family foster
care for children or adults provided in the license holder's residence, license holders must
document the first date a background study subject has direct contact with persons served
by the program, as defined in section 245C.02, subdivision 11. Unless otherwise required
by this chapter, if this date is not documented in the program's personnel files, the license
holder must be able to provide documentation that contains the date for each background
study subject to the commissioner upon request.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 245A.11, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin License holder qualifications for child foster care. new text end

new text begin (a) Child foster care
license holders and household members must maintain the ability to care for a foster child.
Child foster care license holders and adult household members must continue to be free
from substance use problems. License holders must immediately notify the licensing agency
of:
new text end

new text begin (1) any changes to the license holder or household member's health that may affect their
ability to care for a foster child or pose a risk to a foster child's health;
new text end

new text begin (2) a license holder or adult household member's substance use problems; and
new text end

new text begin (3) the removal of a child for whom the license holder is responsible from the license
holder's home.
new text end

new text begin (b) The licensing agency may request a license holder or adult household member to
undergo an evaluation by a specialist in such areas as health, mental health, or substance
use disorders to evaluate the license holder's ability to provide a safe environment for a
foster child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 245A.18, subdivision 2, is amended
to read:


Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under Minnesota Rules, chapter 2960, that
serve a child or children under eight years of age must document training that fulfills the
requirements in this subdivision.

(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.

(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the Department of Public Safety, Office of Traffic Safety. License holders may
obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.

deleted text begin (e) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 4.

new text begin [245A.70] FAMILY CHILD FOSTER CARE TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to programs licensed to provide foster
care for children in the license holder's residence. For the purposes of this section, "foster
parent" means the license holder or license holders.
new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin (a) Each foster parent applicant must complete a minimum of six
hours of orientation before being licensed. Orientation training hours do not count toward
annual training hours. The commissioner may grant a variance regarding the number of
orientation hours required under this subdivision.
new text end

new text begin (b) The foster parent's orientation must include training about the following:
new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and location of alarms and equipment;
new text end

new text begin (2) relevant laws and rules, including but not limited to this chapter; chapters 260 and
260C; section 626.556; Minnesota Rules, chapter 9560; and related legal issues and reporting
requirements;
new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, cultural competence,
and information about discrimination and racial bias to ensure that caregivers are culturally
competent to care for foster children according to section 260C.212, subdivision 11;
new text end

new text begin (4) the foster parent's roles and responsibilities in developing and implementing the case
plan and in court and administrative reviews of the child's placement;
new text end

new text begin (5) the licensing agency's requirements;
new text end

new text begin (6) one hour relating to reasonable and prudent parenting standards for the child's
participation in age-appropriate or developmentally appropriate extracurricular, social, or
cultural activities according to section 260C.212, subdivision 14;
new text end

new text begin (7) two hours relating to children's mental health issues according to subdivision 3;
new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles, if applicable;
new text end

new text begin (9) if required by subdivision 5, at least one hour about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children,
if applicable; and
new text end

new text begin (10) if required by subdivision 6, operating medical equipment, if applicable.
new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to licensure, each foster parent, staff person, and
caregiver must complete two hours of training that addresses the causes, symptoms, and
key warning signs of mental health disorders; cultural considerations; and effective
approaches to managing a child's behaviors. Prior to caring for a foster child, each caregiver
must complete two hours of training that addresses the causes, symptoms, and key warning
signs of mental health disorders; cultural considerations; and effective approaches to
managing a child's behaviors. Each year, each foster parent, staff person, and caregiver must
complete at least one hour of training about children's mental health issues and treatment.
A short-term substitute caregiver is exempt from this subdivision. The commissioner of
human services shall approve a mental health training curriculum that satisfies the
requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin (a) An applicant must complete the training
required by this subdivision prior to licensure if an applicant intends to accept placement
of a child younger than eight years of age. Each foster parent, staff person, and caregiver
must satisfactorily complete training about the proper use and installation of child passenger
restraint systems in motor vehicles before transporting a child younger than eight years of
age in a motor vehicle.
new text end

new text begin (b) Training must be provided by an individual who is certified and approved by the
Department of Public Safety, Office of Traffic Safety. At a minimum, the training must
address the proper use of child passenger restraint systems based on the child's size, weight,
and age, and the proper installation of a car seat or booster seat in the motor vehicle
transporting the child. The training required under this subdivision must be repeated at least
once every five years.
new text end

new text begin (c) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety checkup. The child seat safety checkup
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety checkup must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the requirements of this subdivision prior to placement of
another foster child younger than eight years of age in the home or prior to the renewal of
the child foster care license.
new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma.
new text end

new text begin Each foster parent, staff person, and caregiver who cares for an infant or a
child five years of age and younger must satisfactorily complete at least one hour of training
about reducing the risk of sudden unexpected infant death and abusive head trauma from
shaking infants and young children. The county or private licensing agency monitoring the
foster care provider under section 245A.16 must approve of the training about reducing the
risk of sudden unexpected infant death and abusive head trauma from shaking infants and
young children. At a minimum, the training must address the risk factors related to sudden
unexpected infant death and abusive head trauma, means of reducing the risk of sudden
unexpected infant death and abusive head trauma, and license holder communication with
parents regarding reducing the risk of sudden unexpected infant death and abusive head
trauma. Each foster parent must complete this training prior to licensure. Each staff person
and caregiver must complete this training prior to caring for an infant or a child five years
of age and younger. The training required by this subdivision must be completed at least
once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain life or monitor a medical condition, each foster parent, staff
person, and caregiver must satisfactorily complete training to operate the child's equipment
with a health care professional or an individual who provides training on the equipment.
new text end

new text begin (b) A foster parent, staff person, or caregiver is exempt from this subdivision if:
new text end

new text begin (1) the foster parent, staff person, or caregiver is currently caring for an individual who
is using the same equipment in the foster home; or
new text end

new text begin (2) the foster parent, staff person, or caregiver has written documentation that the foster
parent, staff person, or caregiver has cared for an individual who relied on the same
equipment within the past six months.
new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin Each foster parent, staff person,
and caregiver must complete at least one hour of the annual training requirement about fetal
alcohol spectrum disorders. A provider who is also licensed to provide home and
community-based services under chapter 245D and the provider's staff are exempt from
this subdivision. A short-term substitute caregiver is exempt from this subdivision. The
commissioner of human services shall approve a fetal alcohol spectrum disorders training
curriculum that satisfies the requirements of this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Ongoing training requirement. new text end

new text begin (a) Each foster parent, staff person, and
caregiver must complete a minimum of 12 hours of training per calendar year. If a foster
parent fails to complete the required annual training and does not show good cause why the
foster parent did not complete the training, the foster parent is prohibited from accepting a
new foster child placement until the foster parent completes the training. The commissioner
may grant a variance to the required number of annual training hours.
new text end

new text begin (b) Each year, each foster parent, staff person, and caregiver must complete one hour
of training about children's mental health issues according to subdivision 3, and one hour
of training about fetal alcohol spectrum disorders, if required by subdivision 7.
new text end

new text begin (c) At least once every five years, each foster parent, staff person, and caregiver must
complete one hour of training about reducing the risk of sudden unexpected infant death
and abusive head trauma, if required by subdivision 5.
new text end

new text begin (d) At least once every five years, each foster parent, staff person, and caregiver must
complete training regarding child passenger restraint systems, if required by subdivision 4.
new text end

new text begin (e) The commissioner may provide a nonexclusive list of training topics eligible to fulfill
the remaining hours of required ongoing annual training.
new text end

new text begin Subd. 9. new text end

new text begin Documentation of training. new text end

new text begin (a) The licensing agency must document the
trainings required by this section on a form that the commissioner has developed.
new text end

new text begin (b) For training required under subdivision 6, the agency must also retain a training and
skills form on file and update the form each year for each foster care provider who completes
training about caring for a child who relies on medical equipment to sustain life or monitor
a medical condition. The agency placing the child must obtain a copy of the training and
skills form from the foster parent or from the agency supervising the foster parent. The
agency must retain the form and any updated information on file for the placement's duration.
The form must be available to the parent or guardian and the child's social worker for the
social worker to make an informed placement decision. The agency must use the training
and skills form that the commissioner has developed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 5.

new text begin [245A.75] FOSTER RESIDENCE SETTING STAFF TRAINING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of this section, "foster residence setting"
means foster care that a license holder provides in a home in which the license holder does
not reside. "Foster residence setting" does not include any program licensed or certified
under Minnesota Rules, parts 2960.0010 to 2960.0710.
new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin The license holder must ensure that all staff attend and successfully
complete at least six hours of orientation training before having unsupervised contact with
a foster child. Orientation training hours are not counted toward the hours of annual training.
Orientation must include training on the following:
new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and location of facility alarms and equipment;
new text end

new text begin (2) relevant laws, rules, and legal issues, including reporting requirements for abuse and
neglect specified in sections 626.556 and 626.557 and other reporting requirements based
on the children's ages;
new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, and information
about discrimination and racial bias to ensure that caregivers are culturally sensitive and
culturally competent to care for foster children according to section 260C.212, subdivision
11;
new text end

new text begin (4) general and special needs, including disability needs, of children and families served;
new text end

new text begin (5) operational policies and procedures of the license holder;
new text end

new text begin (6) data practices requirements and issues;
new text end

new text begin (7) two hours of training about mental health disorders in accordance with subdivision
3;
new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles, if applicable;
new text end

new text begin (9) if required by subdivision 5, at least one hour of training about reducing the risk of
sudden unexpected infant death and abusive head trauma from shaking infants and young
children, if applicable; and
new text end

new text begin (10) if required by subdivision 6, caring for a child who relies on medical equipment to
sustain life or monitor a medical condition, if applicable.
new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to caring for a child, staff must complete two
hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches to address a child's
behaviors. Foster residence staff must complete at least one hour of the annual training
requirement regarding children's mental health issues and treatment. A short-term substitute
caregiver is exempt from this subdivision. The commissioner of human services shall approve
a mental health training curriculum that satisfies the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin Prior to transporting a child younger than
eight years of age in a motor vehicle, a license holder, staff person, or caregiver must
satisfactorily complete training about the proper use and installation of child restraint systems
in motor vehicles. Training must be provided by an individual who is certified and approved
by the Department of Public Safety, Office of Traffic Safety. At a minimum, the training
must address the proper use of child passenger restraint systems based on the child's size,
weight, and age and the proper installation of a car seat or booster seat in the motor vehicle
transporting the child. The training required under this subdivision must be completed at
least once every five years.
new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma.
new text end

new text begin A license holder, staff person, or caregiver who cares for an infant or a child
five years of age and younger must satisfactorily complete at least one hour of training
approved by the county or private licensing agency that is responsible for monitoring the
child foster care provider under section 245A.16 about reducing the risk of sudden unexpected
infant death and abusive head trauma from shaking infants and young children. The county
or private licensing agency responsible for monitoring the child foster care provider under
section 245A.16 must approve of the training about reducing the risk of sudden unexpected
infant death and abusive head trauma from shaking infants and young children. At a
minimum, the training must address the risk factors related to sudden unexpected infant
death and abusive head trauma, means of reducing the risk of sudden unexpected infant
death and abusive head trauma, and license holder communication with parents regarding
reducing the risk of sudden unexpected infant death and abusive head trauma. The license
holder, staff person, or caregiver must complete this training prior to licensure or, for staff
and caregivers, prior to caring for an infant or a child five years of age and younger. The
license holder, staff person, or caregiver must complete the training required under this
subdivision at least once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain life or monitor a medical condition, the license holder or staff
person must complete training to operate the child's equipment. A health care professional
or an individual who provides training on the equipment must train the license holder or
staff person about how to operate the child's equipment.
new text end

new text begin (b) A license holder is exempt from this subdivision if:
new text end

new text begin (1) the license holder is currently caring for an individual who is using the same
equipment in the foster home and each staff person has received training to use the
equipment; or
new text end

new text begin (2) the license holder has written documentation that, within the past six months, the
license holder has cared for an individual who relied on the same equipment and each current
staff person has received training to use the same equipment.
new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorder training. new text end

new text begin (a) Each staff person must complete
at least one hour of the annual training requirement about fetal alcohol spectrum disorders.
The commissioner of human services shall approve a fetal alcohol spectrum disorder training
curriculum that satisfies the requirements of this subdivision.
new text end

new text begin (b) A provider who is also licensed to provide home and community-based services
under chapter 245D and the provider's staff are exempt from this subdivision. A short-term
substitute caregiver is exempt from this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Prudent parenting standards training. new text end

new text begin The license holder must have at least
one on-site staff person who is trained regarding the standards under section 260C.215,
subdivision 4, and authorized to apply the reasonable and prudent parenting standards to
decisions involving the approval of a foster child's participation in age-appropriate and
developmentally appropriate extracurricular, social, or cultural activities. The trained on-site
staff person is not required to be available 24 hours per day.
new text end

new text begin Subd. 9. new text end

new text begin Annual training plan and hours. new text end

new text begin (a) The license holder must develop an
annual training plan for staff and volunteers. The license holder must modify training for
staff and volunteers each year to meet each staff person's current needs and provide sufficient
training to accomplish each staff person's duties. To determine the type and amount of
training, the license holder must consider the foster care program's target population, the
program's services, and outcomes expected from the services, as well as the employee's job
description, tasks, and the position's performance indicators.
new text end

new text begin (b) Full-time staff who have direct contact with a child must complete at least 18 hours
of in-service training per calendar year. Nine hours of training must be skill development
training.
new text end

new text begin (c) Part-time direct care staff must complete sufficient training to competently care for
children. The amount of training must be at least one hour of training for each 60 hours
worked, up to 18 hours of training per part-time employee per year.
new text end

new text begin (d) Other foster residence staff and volunteers must complete in-service training
requirements each year consistent with their duties.
new text end

new text begin Subd. 10. new text end

new text begin Documentation of training. new text end

new text begin (a) For each staff person and volunteer, the
license holder must document the date, number of training hours, and the entity's name that
provided the training.
new text end

new text begin (b) For training required under subdivision 6, the agency supervising the foster care
provider must retain a training and skills form on file and update the form each year for
each staff person that completes training about caring for a child who relies on medical
equipment to sustain life or monitor a medical condition. The agency placing the child must
obtain a copy of the training and skills form from the foster care provider or the agency
supervising the foster care provider. The placing agency must retain the form and any
updated information on file for the placement's duration. The form must be available to the
child's parent or the child's primary caregiver and the child's social worker to make an
informed placement decision. The agency must use the training and skills form that the
commissioner has developed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2019 Supplement, section 256B.064, subdivision 2, is amended
to read:


Subd. 2.

Imposition of monetary recovery and sanctions.

(a) The commissioner shall
determine any monetary amounts to be recovered and sanctions to be imposed upon a vendor
of medical care under this section. Except as provided in paragraphs (b) and (d), neither a
monetary recovery nor a sanction will be imposed by the commissioner without prior notice
and an opportunity for a hearing, according to chapter 14, on the commissioner's proposed
action, provided that the commissioner may suspend or reduce payment to a vendor of
medical care, except a nursing home or convalescent care facility, after notice and prior to
the hearing if in the commissioner's opinion that action is necessary to protect the public
welfare and the interests of the program.

(b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall
withhold or reduce payments to a vendor of medical care without providing advance notice
of such withholding or reduction if either of the following occurs:

(1) the vendor is convicted of a crime involving the conduct described in subdivision
1a; or

(2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. A credible allegation of fraud is an allegation
which has been verified by the state, from any source, including but not limited to:

(i) fraud hotline complaints;

(ii) claims data mining; and

(iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.

Allegations are considered to be credible when they have an indicia of reliability and
the state agency has reviewed all allegations, facts, and evidence carefully and acts
judiciously on a case-by-case basis.

(c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:

(1) state that payments are being withheld according to paragraph (b);

(2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;

(3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;

(4) identify the types of claims to which the withholding applies; and

(5) inform the vendor of the right to submit written evidence for consideration by the
commissioner.

The withholding or reduction of payments will not continue after the commissioner
determines there is insufficient evidence of fraud by the vendor, or after legal proceedings
relating to the alleged fraud are completed, unless the commissioner has sent notice of
intention to impose monetary recovery or sanctions under paragraph (a). Upon conviction
for a crime related to the provision, management, or administration of a health service under
medical assistance, a payment held pursuant to this section by the commissioner or a managed
care organization that contracts with the commissioner under section 256B.035 is forfeited
to the commissioner or managed care organization, regardless of the amount charged in the
criminal complaint or the amount of criminal restitution ordered.

(d) The commissioner shall suspend or terminate a vendor's participation in the program
without providing advance notice and an opportunity for a hearing when the suspension or
termination is required because of the vendor's exclusion from participation in Medicare.
Within five days of taking such action, the commissioner must send notice of the suspension
or termination. The notice must:

(1) state that suspension or termination is the result of the vendor's exclusion from
Medicare;

(2) identify the effective date of the suspension or termination; and

(3) inform the vendor of the need to be reinstated to Medicare before reapplying for
participation in the program.

(e) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is
to be imposed, a vendor may request a contested case, as defined in section 14.02, subdivision
3
, by filing with the commissioner a written request of appeal. The appeal request must be
received by the commissioner no later than 30 days after the date the notification of monetary
recovery or sanction was mailed to the vendor. The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;

(2) the computation that the vendor believes is correct;

(3) the authority in statute or rule upon which the vendor relies for each disputed item;

(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and

(5) other information required by the commissioner.

(f) The commissioner may order a vendor to forfeit a fine for failure to fully document
services according to standards in this chapter and Minnesota Rules, chapter 9505. The
commissioner may assess fines if specific required components of documentation are
missing. The fine for incomplete documentation shall equal 20 percent of the amount paid
on the claims for reimbursement submitted by the vendor, or up to $5,000, whichever is
less. If the commissioner determines that a vendor repeatedly violated this chapternew text begin, chapter
254B or 245G,
new text end or Minnesota Rules, chapter 9505, related to the provision of services to
program recipients and the submission of claims for payment, the commissioner may order
a vendor to forfeit a fine based on the nature, severity, and chronicity of the violations, in
an amount of up to $5,000 or 20 percent of the value of the claims, whichever is greater.

(g) The vendor shall pay the fine assessed on or before the payment date specified. If
the vendor fails to pay the fine, the commissioner may withhold or reduce payments and
recover the amount of the fine. A timely appeal shall stay payment of the fine until the
commissioner issues a final order.