SF 4200

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/27/2020 08:52am

A bill for an act
relating to human services; granting the commissioner of human services certain
temporary emergency authority relating to COVID-19.

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

Section 1. new text begin COMMISSIONER OF HUMAN SERVICES TEMPORARY
EMERGENCY AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Peacetime emergency; temporary authority granted. new text end

new text begin In the event the
governor has declared a peacetime emergency pursuant to Minnesota Statutes, section 12.31,
in response to a potential or actual outbreak of COVID-19, the commissioner of human
services is granted temporary authority as described and limited by this section to protect
the health and safety of the public. The temporary authority granted to the commissioner
in this section may only be used for purposes related to preparing for, preventing, or
responding to an outbreak of COVID-19, and for preserving access to programs and services
provided by the Department of Human Services and preventing the spread of COVID-19.
The temporary authority granted to the commissioner in this section expires no more than
60 days after the declaration of peacetime emergency expires.
new text end

new text begin Subd. 2. new text end

new text begin Temporary waiver or modification; licensing, background study, and other
approval procedures. new text end

new text begin The commissioner of human services may temporarily waive or
modify any of the following:
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new text begin (1) the Human Services Licensing Act in Minnesota Statutes, chapter 245A, and
accompanying standards governed under Minnesota Statutes, chapters 245D to 245H, and
accompanying rules;
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new text begin (2) the Department of Human Services Background Studies Act in Minnesota Statutes,
chapter 245C, excluding disqualification standards and criteria;
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new text begin (3) other written policies or procedures with respect to the use, licensing, certification,
evaluation, or approval of facilities or programs within the commissioner's jurisdiction;
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new text begin (4) other written policies and procedures related to appeals and sanctions;
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new text begin (5) other written policies or procedures with respect to background studies required to
be conducted by the Department of Human Services; and
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new text begin (6) provisions relating to the Minnesota state-operated community services (MSOCS)
program in Minnesota Statutes, chapters 245D, 246, and 252.
new text end

new text begin The commissioner may waive or modify requirements beginning with the date of the
declaration in subdivision 1. Any waivers granted or modifications made pursuant to this
subdivision shall be posted on the department's website.
new text end

new text begin Subd. 3. new text end

new text begin Temporary waiver or modification; enrollment and services standards. new text end

new text begin The
commissioner of human services may temporarily waive or modify any provisions of
Minnesota Statutes, chapters 119B, 245, 246, 252, 253, 254A, 254B, 256, 256B, 256D,
256E, 256I, 256J, 256K, 256L, 256M, 256P, 256R, 256S, 260C, 260D, and 626, that govern:
new text end

new text begin (1) requirement of in-person assessment, application for services, or case management;
new text end

new text begin (2) application for eligibility and eligibility renewal time frames, processes, and
verification;
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new text begin (3) reporting and verification requirements;
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new text begin (4) assessment renewal time frames, verifications, and processes;
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new text begin (5) work or community engagement activity requirements for eligibility;
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new text begin (6) limits on the use of telehealth or other restrictions on electronic communication with
providers;
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new text begin (7) service delivery standards, locations, settings, or staff ratios;
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new text begin (8) provider standards, including staffing ratios;
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new text begin (9) timing of provider reporting requirements;
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new text begin (10) payment procedures, including but not limited to the use of prepayments, partial
payment for additional absent days, and payment for closed days; and
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new text begin (11) service agreement length.
new text end

new text begin The commissioner may waive or modify requirements beginning with the date of the
declaration in subdivision 1. Any waivers granted or modifications made pursuant to this
subdivision shall be posted on the department's website.
new text end

new text begin Subd. 4. new text end

new text begin Notice to legislature; objections. new text end

new text begin The commissioner of human services shall
provide written notice to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over the Department of Human
Services of modifications under subdivision 2 or 3 no more than 48 hours after a modification
goes into effect. If two or more of the chairs submit a written objection to a modification
within seven days of receiving the notice, the commissioner shall cease all activities to
implement the modification and it shall no longer be in effect. A chair submitting an objection
under this subdivision may withdraw the objection.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The commissioner of human services shall provide a report to the
chairs and ranking minority members of the house of representatives and senate committees
with jurisdiction over the Department of Human Services by January 15, 2021, with specific
details about state statutes and rules waived as authorized in this section in response to a
COVID-19 outbreak.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
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Sec. 2. new text begin EXPIRATION.
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new text begin Section 1 expires upon submission of the report in section 1, subdivision 5.
new text end