Engrossments
Introduction		Posted on 02/21/2013

ARTICLE 1

MISCELLANEOUS

Section 1.

Minnesota Statutes 2014, section 3.855, subdivision 4, is amended to read:

Subd. 4.

Other duties.

The commission shall:

(1) continually monitor the state's civil service system provided for in chapter 43A,
rules of the commissioner of management and budget, and the collective bargaining
process provided for in chapter 179A, as applied to state employees;

(2) research and analyze the need for improvements in those statutory sections;

(3) adopt rules consistent with this section relating to the scheduling and conduct of
commission business and other organizational and procedural matters;new text begin and
new text end

(4) perform other related functions delegated to it by the legislaturedeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (5) adopt changes, as necessary, to the uniform collective bargaining agreement
settlement document developed under section 179A.07, subdivision 7. Any modifications
to the form approved by the commission must be submitted to the legislature in the same
manner as compensation plans under subdivision 3.
deleted text end

Sec. 2.

Minnesota Statutes 2014, section 3.8851, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

(a) There is established a Legislative Energy
Commission to study and to make recommendations for legislation concerning issues
related to its duties under subdivision 3.

(b) The commission consists of:

(1) ten members of the house of representatives appointed by the speaker of the house,
four of whom must be from the minority caucus, and including the chair of the committee
with primary jurisdiction over energy policy; the chair or another member of each of the
committees with primary jurisdiction over environmental policy, agricultural policy, and
transportation policy; deleted text begin and a legislator who is a member of the NextGen Energy Board;deleted text end and

(2) ten members of the senate to be appointed by the Subcommittee on Committees,
four of whom must be from the minority caucus, and including the chair of the committee
with primary jurisdiction over energy policy; new text begin and new text end the chair or another member of each of
the committees with primary jurisdiction over environmental policy, agricultural policy,
and transportation policydeleted text begin ; and a legislator who is a member of the NextGen Energy Boarddeleted text end .

(c) The commission may employ full-time and part-time staff, contract for consulting
services, and may reimburse the expenses of persons requested to assist it in its duties.
The director of the Legislative Coordinating Commission shall assist the commission
in administrative matters. The commission shall elect cochairs, one member of the
house of representatives and one member of the senate from among the committee and
subcommittee chairs named to the commission. The commission members from the house
of representatives shall elect the house of representatives cochair, and the commission
members from the senate shall elect the senate cochair.

Sec. 3.

Minnesota Statutes 2014, section 3A.02, subdivision 1, is amended to read:

Subdivision 1.

Qualifications.

(a) A former legislator is entitled, upon written
application to the director, to receive a retirement allowance monthly, if the person:

(1) has either served at least six full years, deleted text begin without regard to the application of
section 3A.10, subdivision 2,deleted text end or has served during all or part of four regular sessions as a
member of the legislature, which service need not be continuous;

(2) has attained the normal retirement age;

(3) has retired as a member of the legislature; and

(4) has made all contributions provided for in section 3A.03, has made payments
for past service under subdivision 2, or has made payments in lieu of contributions under
Minnesota Statutes 1992, section 3A.031, before July 1, 1994.

(b) Unless the former legislator has legislative service before January 1, 1979,
the retirement allowance is an amount equal to 2-1/2 percent per year of service of that
member's average monthly salary and adjusted for that person on an actuarial equivalent
basis to reflect the change in the postretirement interest rate actuarial assumption under
section 356.215, subdivision 8, from five percent to six percent. The adjustment must be
calculated by or, alternatively, the adjustment procedure must be specified by, the actuary
retained under section 356.214. The purpose of this adjustment is to ensure that the total
amount of benefits that the actuary predicts an individual member will receive over the
member's lifetime under this paragraph will be the same as the total amount of benefits the
actuary predicts the individual member would receive over the member's lifetime under
the law in effect before enactment of this paragraph. If the former legislator has legislative
service before January 1, 1979, the person's benefit must include the additional benefit
amount in effect on January 1, 1979, and adjusted as otherwise provided in this paragraph.

(c) The retirement allowance accrues following the receipt by the director of a
retirement application on a form prescribed by the director, but not before the normal
retirement age, except as specified in subdivision 1b. The annuity is payable for the
remainder of the former legislator's life, if the former legislator is not serving as a member
of the legislature or as a constitutional officer as defined in section 3A.01, subdivision 1c.
The annuity does not begin to accrue before the person's retirement as a legislator. No
annuity payment may be made retroactive for more than 180 days before the date that the
annuity application is filed with the director.

(d) Any member who has served during all or part of four regular sessions is
considered to have served eight years as a member of the legislature.

(e) The retirement allowance ceases with the last payment that accrued to the retired
legislator during the retired legislator's lifetime, except that the surviving spouse, if any,
is entitled to receive the retirement allowance of the retired legislator for the calendar
month in which the retired legislator died.

Sec. 4.

Minnesota Statutes 2014, section 10A.09, subdivision 5, is amended to read:

Subd. 5.

Form.

(a) A statement of economic interest required by this section must
be on a form prescribed by the board. The individual filing must provide the following
information:

(1) name, address, occupation, and principal place of business;

(2) the name of each associated business and the nature of that association;

(3) a listing of all real property within the state, excluding homestead property, in
which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer
or seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of
$2,500; or (ii) an option to buy, if the property has a fair market value of more than $50,000;

(4) a listing of all real property within the state in which a partnership of which the
individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of
the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property
has a fair market value of more than $50,000. A listing under new text begin this clause or new text end clause (3) deleted text begin or (4)
deleted text end must indicate the street address and the municipality or the section, township, range and
approximate acreage, whichever applies, and the county in which the property is located;

(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interest;

(6) a listing of the principal business or professional activity category of each
business from which the individual receives more than $50 in any month as an employee,
if the individual has an ownership interest of 25 percent or more in the business; and

(7) a listing of each principal business or professional activity category from which
the individual received compensation of more than $2,500 in the past 12 months as an
independent contractor.

(b) The business or professional categories for purposes of paragraph (a), clauses (6)
and (7), must be the general topic headings used by the federal Internal Revenue Service
for purposes of reporting self-employment income on Schedule C. This paragraph does
not require an individual to report any specific code number from that schedule. Any
additional principal business or professional activity category may only be adopted if
the category is enacted by law.

Sec. 5.

Minnesota Statutes 2014, section 12.38, is amended to read:

12.38 STATE AGENCIES; TEMPORARY WAIVER OF FEES.

Notwithstanding any law to the contrary, a state agency as defined in section 16B.01,
subdivision 2, with the approval of the governor, may waive fees that would otherwise be
charged for agency services. The waiver of fees must be confined to geographic areas
within a presidentially declared disaster area, and to the minimum periods of time necessary
to deal with the emergency situation. The requirements of deleted text begin section 14.05, subdivision 4,
deleted text end new text begin sections 14.055 and 14.056new text end do not apply to a waiver made under this section. The agency
must promptly report the reasons for and the impact of any suspended fees to the chairs of
the legislative committees that oversee the policy and budgetary affairs of the agency.

Sec. 6.

Minnesota Statutes 2014, section 13.08, subdivision 4, is amended to read:

Subd. 4.

Action to compel compliance.

(a) Actions to compel compliance may be
brought either under this subdivision or section 13.085. For actions under this subdivision,
in addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved
person seeking to enforce the person's rights under this chapter or obtain access to data
may bring an action in district court to compel compliance with this chapter and may
recover costs and disbursements, including reasonable attorney's fees, as determined by
the court. If the court determines that an action brought under this subdivision is frivolous
and without merit and a basis in fact, it may award reasonable costs and attorney fees to
the responsible authority. If the court issues an order to compel compliance under this
subdivision, the court may impose a civil penalty of up to $1,000 against the government
entity. This penalty is payable to the state general fund and is in addition to damages
under subdivision 1. The matter shall be heard as soon as possible. In an action involving
a request for government data under section 13.03 or 13.04, the court may inspect in
camera the government data in dispute, but shall conduct its hearing in public and in a
manner that protects the security of data classified as not public. If the court issues an
order to compel compliance under this subdivision, the court shall forward a copy of the
order to the commissioner of administration.

(b) In determining whether to assess a civil penalty under this subdivision, the court
or other tribunal shall consider whether the government entity has substantially complied
with general data practices under this chapter, including but not limited to, whether the
government entity has:

(1) designated a responsible authority under section 13.02, subdivision 16;

(2) designated a data practices compliance official under section 13.05, subdivision
13;

(3) prepared the data inventory that names the responsible authority and describes
the records and data on individuals that are maintained by the government entity under
section 13.025, subdivision 1;

(4) developed public access procedures under section 13.03, subdivision 2;
deleted text begin procedures to guarantee the rights of data subjects under section 13.05, subdivision 8;deleted text end and
procedures to ensure that data on individuals are accurate and complete and to safeguard
the data's security under section 13.05, subdivision 5;

(5) acted in conformity with an opinion issued under section 13.072 that was sought
by a government entity or another person; or

(6) provided ongoing training to government entity personnel who respond to
requests under this chapter.

(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this subdivision if the government entity that is the defendant in
the action was also the subject of a written opinion issued under section 13.072 and the
court finds that the opinion is directly related to the cause of action being litigated and that
the government entity did not act in conformity with the opinion.

Sec. 7.

Minnesota Statutes 2014, section 13.321, subdivision 7, is amended to read:

Subd. 7.

Education programsnew text begin ; performance tracking systemnew text end .

deleted text begin (a) School
readiness program. Data on a child participating in a school readiness program are
classified under section 124D.15, subdivision 9.
deleted text end

deleted text begin (b) [Renumbered 13.461, subd 31]
deleted text end

deleted text begin (c) Performance tracking system.deleted text end Data sharing related to the performance tracking
system is governed by section 124D.52.

Sec. 8.

Minnesota Statutes 2014, section 14.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The Administrative Procedure Act in sections 14.001 to
14.69 does not apply to (a) agencies directly in the legislative or judicial branches, (b)
emergency powers in sections 12.31 to 12.37, (c) the Department of Military Affairs, (d)
the Comprehensive Health Association provided in section 62E.10, deleted text begin (e) the Tax Court
provided by section 271.06,deleted text end or deleted text begin (f)deleted text end new text begin (e)new text end the regents of the University of Minnesota.

Sec. 9.

Minnesota Statutes 2014, section 15.06, subdivision 8, is amended to read:

Subd. 8.

Number of deputy commissioners.

Unless specifically authorized by
statute, deleted text begin other than section 43A.08, subdivision 2,deleted text end no department or agency specified in
subdivision 1 shall have more than one deputy commissioner.

Sec. 10.

Minnesota Statutes 2014, section 16A.131, subdivision 2, is amended to read:

Subd. 2.

Transit cards.

An employee may direct the commissioner, in writing,
to deduct a stated amount from the employee's pay to buy mass transit ridership cards.
deleted text begin The commissioner shall deposit the amount in the special account authorized by section
16B.58, subdivision 7.
deleted text end

Sec. 11.

Minnesota Statutes 2014, section 16B.58, subdivision 5, is amended to read:

Subd. 5.

Money collected.

Money collected by the commissioner as rents, charges,
or fees in connection with and for the use of a parking lot or facility is appropriated to
the commissioner for the purpose of operating, maintaining, improving, and replacing
parking lots or facilities owned or operated by the state, including providing necessary and
suitable uniforms for employees, and to carry out the purposes of this sectiondeleted text begin , except as
provided in subdivision 7deleted text end .

Sec. 12.

Minnesota Statutes 2014, section 40A.04, subdivision 1, is amended to read:

Subdivision 1.

Counties.

deleted text begin After January 1, 1987,deleted text end A county located outside of the
metropolitan area may submit to the commissioner and to the regional development
commission in which it is located, if one exists, a proposed agricultural land preservation
plan and proposed official controls implementing the plan. To the extent practicable,
submission of the proposal must coincide with the completion of the county soil survey.
The commissioner, in consultation with the regional development commission, shall
review the plan and controls for consistency with the elements in this chapter and shall
submit written comments to the county within 60 days of receipt of the proposal. The
comments must include a determination of whether the plan and controls are consistent
with the elements in this chapter. The commissioner shall notify the county of its
determination. If the commissioner determines that the plan and controls are consistent,
the county shall adopt the controls within 90 days of completion of the commissioner's
review. If the commissioner determines that the plan and controls are not consistent, the
comments must include the additional elements that must be addressed by the county. The
county shall amend its plan and controls to include the additional elements and adopt the
amended controls within 120 days of completion of the commissioner's review.

Sec. 13.

Minnesota Statutes 2014, section 41A.12, subdivision 2, is amended to read:

Subd. 2.

Activities authorized.

For the purposes of this program, the commissioner
may issue grants, loans, or other forms of financial assistance. Eligible activities include,
but are not limited to, grants to livestock producers under the livestock investment grant
program under section 17.118, bioenergy awards deleted text begin made by the NextGen Energy Board
under section 41A.105deleted text end , cost-share grants for the installation of biofuel blender pumps, and
financial assistance to support other rural economic infrastructure activities.

Sec. 14.

Minnesota Statutes 2015 Supplement, section 41A.15, subdivision 10, is
amended to read:

Subd. 10.

Renewable chemical.

"Renewable chemical" means a chemical with
biobased content as defined in new text begin Minnesota Statutes 2014, new text end section 41A.105, subdivision 1a.

Sec. 15.

Minnesota Statutes 2015 Supplement, section 41A.17, subdivision 1, is
amended to read:

Subdivision 1.

Eligibility.

(a) A facility eligible for payment under this program
must source at least 80 percent biobased content, as defined in new text begin Minnesota Statutes 2014,
new text end section 41A.105, subdivision 1a, clause (1), from Minnesota. If a facility is sited 50 miles
or less from the state border, biobased content must be sourced from within a 100-mile
radius. Biobased content must be from agricultural or forestry sources or from solid waste.
The facility must be located in Minnesota, must begin production at a specific location by
June 30, 2025, and must not begin production of 3,000,000 pounds of chemicals annually
before January 1, 2015. Eligible facilities include existing companies and facilities that are
adding production capacity, or retrofitting existing capacity, as well as new companies and
facilities. Eligible renewable chemical facilities must produce at least 3,000,000 pounds
per year. Renewable chemicals produced through processes that are fully commercial
before January 1, 2000, are not eligible.

(b) No payments shall be made for renewable chemical production that occurs after
June 30, 2035, for those eligible renewable chemical producers under paragraph (a).

(c) An eligible producer of renewable chemicals shall not transfer the producer's
eligibility for payments under this section to a renewable chemical facility at a different
location.

(d) A producer that ceases production for any reason is ineligible to receive
payments under this section until the producer resumes production.

(e) Advanced biofuel production for which payment has been received under section
41A.16, and biomass thermal production for which payment has been received under
section 41A.18, are not eligible for payment under this section.

Sec. 16.

Minnesota Statutes 2014, section 43A.01, subdivision 2, is amended to read:

Subd. 2.

Precedence of merit principles and nondiscrimination.

It is the policy
of this state to provide for equal employment opportunity consistent with chapter 363A
by ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion,
color, disability, sex, national origin, marital status, status with regard to public assistance,
or political affiliation. It is the policy of this state to take affirmative action to eliminate
the underutilization of qualified members of protected groups in the civil service, where
such action is not in conflict with other provisions of this chapter or chapter 179, in order
to correct imbalances and eliminate the present effects of past discrimination.

No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections 43A.07 to deleted text begin 43A.13deleted text end new text begin 43A.121new text end , 43A.15, and 43A.17 to 43A.21, except to
the extent expressly permitted in those sections.

Sec. 17.

Minnesota Statutes 2014, section 45.011, subdivision 1, is amended to read:

Subdivision 1.

Scope.

As used in chapters 45 to 80C, 80E to 83, 155A, 332, 332A,
332B, 345, and 359, and sections 123A.21, subdivision 7, paragraph (a), clause (23);
123A.25; 325D.30 to 325D.42; 326B.802 to 326B.885; deleted text begin 386.61deleted text end new text begin 386.62new text end to 386.78; 471.617;
and 471.982, unless the context indicates otherwise, the terms defined in this section
have the meanings given them.

Sec. 18.

Minnesota Statutes 2014, section 62D.04, subdivision 3, is amended to read:

Subd. 3.

Use of terms.

deleted text begin Except as provided in section 62D.03, subdivision 2,deleted text end No
person who has not been issued a certificate of authority shall use the words "health
maintenance organization" or the initials "HMO" in its name, contracts or literature.
Provided, however, that persons who are operating under a contract with, operating in
association with, enrolling enrollees for, or otherwise authorized by a health maintenance
organization licensed under sections 62D.01 to 62D.30 to act on its behalf may use the
terms "health maintenance organization" or "HMO" for the limited purpose of denoting
or explaining their association or relationship with the authorized health maintenance
organization. No health maintenance organization which has a minority of enrollees and
members elected according to section 62D.06, subdivision 1, as members of its board of
directors shall use the words "consumer controlled" in its name or in any way represent to
the public that it is controlled by consumers.

Sec. 19.

Minnesota Statutes 2014, section 62J.497, subdivision 2, is amended to read:

Subd. 2.

Requirements for electronic prescribing.

(a) Effective January 1, 2011,
all providers, group purchasers, prescribers, and dispensers must establish, maintain,
and use an electronic prescription drug program. This program must comply with the
applicable standards in this section for transmitting, directly or through an intermediary,
prescriptions and prescription-related information using electronic media.

(b) If transactions described in this section are conducted, they must be done
electronically using the standards described in this section. Nothing in this section
requires providers, group purchasers, prescribers, or dispensers to electronically conduct
transactions that are expressly prohibited by other sections or federal law.

(c) Providers, group purchasers, prescribers, and dispensers must use either HL7
messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related
information internally when the sender and the recipient are part of the same legal entity. If
an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard
or other applicable standards required by this section. Any pharmacy within an entity
must be able to receive electronic prescription transmittals from outside the entity using
the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health
Insurance Portability and Accountability Act (HIPAA) requirement that may require the
use of a HIPAA transaction standard within an organization.

deleted text begin (d) Notwithstanding paragraph (a), any clinic with two or fewer practicing
physicians is exempt from this subdivision if the clinic is making a good-faith effort to
meet the electronic health records system requirement under section 62J.495 that includes
an electronic prescribing component. This paragraph expires January 1, 2015.
deleted text end

Sec. 20.

Minnesota Statutes 2014, section 62N.40, is amended to read:

62N.40 CHEMICAL DEPENDENCY SERVICES.

Each community integrated service network regulated under this chapter must ensure
that chemically dependent individuals have access to cost-effective treatment options that
address the specific needs of individuals. These include, but are not limited to, the need
for: treatment that takes into account severity of illness and comorbidities; provision of
a continuum of care, including treatment and rehabilitation programs licensed under
Minnesota Rules, parts deleted text begin 9530.4100 to 9530.4410 and 9530.5000 to 9530.6500deleted text end new text begin 9530.6405
to 9530.6505new text end ; the safety of the individual's domestic and community environment; gender
appropriate and culturally appropriate programs; and access to appropriate social services.

Sec. 21.

Minnesota Statutes 2014, section 62Q.18, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For purposes of this section,

(1) "continuous coverage" has the meaning given in section 62L.02, subdivision 9;

(2) "guaranteed issue" means:

(i) for individual health plans, that a health plan company shall not decline an
application by an individual for any individual health plan offered by that health plan
company, including coverage for a dependent of the individual to whom the health plan
has been or would be issued; and

(ii) for group health plans, that a health plan company shall not decline an
application by a group for any group health plan offered by that health plan company and
shall not decline to cover under the group health plan any person eligible for coverage
under the group's eligibility requirements, including persons who become eligible after
initial issuance of the group health plan;new text begin and
new text end

(3) "large employer" means an entity that would be a small employer, as defined in
section 62L.02, subdivision 26, except that the entity has more than 50 current employees,
based upon the method provided in that subdivision for determining the number of
current employeesdeleted text begin ;deleted text end new text begin .
new text end

deleted text begin (4) "preexisting condition" has the meaning given in section 62L.02, subdivision
23; and
deleted text end

deleted text begin (5) "qualifying coverage" has the meaning given in section 62L.02, subdivision 24.
deleted text end

Sec. 22.

Minnesota Statutes 2014, section 62Q.47, is amended to read:

62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL
DEPENDENCY SERVICES.

(a) All health plans, as defined in section 62Q.01, that provide coverage for
alcoholism, mental health, or chemical dependency services, must comply with the
requirements of this section.

(b) Cost-sharing requirements and benefit or service limitations for outpatient
mental health and outpatient chemical dependency and alcoholism services, except for
persons placed in chemical dependency services under Minnesota Rules, parts 9530.6600
to deleted text begin 9530.6660deleted text end new text begin 9530.6655new text end , must not place a greater financial burden on the insured or
enrollee, or be more restrictive than those requirements and limitations for outpatient
medical services.

(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital
mental health and inpatient hospital and residential chemical dependency and alcoholism
services, except for persons placed in chemical dependency services under Minnesota
Rules, parts 9530.6600 to deleted text begin 9530.6660deleted text end new text begin 9530.6655new text end , must not place a greater financial burden
on the insured or enrollee, or be more restrictive than those requirements and limitations
for inpatient hospital medical services.

(d) All health plans must meet the requirements of the federal Mental Health Parity
Act of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health
Parity and Addiction Equity Act of 2008; the Affordable Care Act; and any amendments
to, and federal guidance or regulations issued under, those acts.

Sec. 23.

Minnesota Statutes 2014, section 85A.05, subdivision 4, is amended to read:

Subd. 4.

Minnesota State Zoological Garden bond account in the state bond
fund.

The commissioner of management and budget shall maintain in the state bond
fund a separate bookkeeping account which shall be designated as the State Zoological
Garden bond account, to record receipts and disbursements of money transferred to the
fund to pay Minnesota Zoological Garden bonds and income from the investment of such
money, which income shall be credited to the account in each fiscal year. deleted text begin The amounts
directed by section 85A.04, subdivision 2 to be transferred annually to this bond account
are appropriated thereto, anddeleted text end The legislature may deleted text begin alsodeleted text end appropriate to the bond account
any deleted text begin otherdeleted text end money in the state treasury not otherwise appropriated. On November 1 of each
year there shall be transferred to the bond account all of the money then available under
any such appropriation or such lesser sum as will be sufficient, with all money previously
transferred to the account and all income from the investment of such money, to pay all
principal and interest then and theretofore due and all principal and interest to become due
to and including July 1 in the second ensuing year on Minnesota Zoological Garden bonds.
All money so transferred and all income from the investment thereof shall be available for
the payment of such bonds and interest thereon, and so much thereof as may be necessary
is appropriated for such payments. The state auditor and commissioner of management and
budget are directed to make the appropriate entries in the accounts of the respective funds.

Sec. 24.

Minnesota Statutes 2014, section 85A.05, subdivision 5, is amended to read:

Subd. 5.

Tax levy.

On or before December 1 in each year the state auditor shall
levy on all taxable property within the state whatever tax may be necessary to produce
an amount sufficient, with all money then and theretofore credited to the Minnesota
Zoological Garden bond account, to pay the entire amount of principal and interest then
and theretofore due and principal and interest to become due on or before July 1 in the
second year thereafter on Minnesota Zoological Garden bonds. This tax shall be subject to
no limitation of rate or amount until all such bonds and interest thereon are fully paid.
The proceeds of this tax are appropriated and shall be credited to the state bond fund, and
the principal of and interest on the bonds are payable from such proceeds, and the whole
thereof, or so much as may be necessary, is appropriated for such payments. If at any
time there is insufficient money from the proceeds of such taxes to pay the principal and
interest when due on Minnesota Zoological Garden bonds, such principal and interest shall
be paid out of the general fund in the state treasury, and the amount necessary therefor is
hereby appropriated, with such sums from tax levies and the general fund subject to future
reimbursement to the bond fund by the Minnesota Zoological Garden bond account deleted text begin as
indicated in section 85A.04, subdivision 2deleted text end .

Sec. 25.

Minnesota Statutes 2014, section 85A.05, subdivision 6, is amended to read:

Subd. 6.

Bond authorization and appropriations.

For the purpose of providing
money for the acquisition and betterment of public land, buildings, and improvements
of a capital nature needed for the Minnesota Zoological Garden in accordance with the
comprehensive plan of the Minnesota Zoological Board adopted in accordance with
section 85A.02, subdivision 2, the commissioner of management and budget is directed to
sell and issue Minnesota Zoological Garden bonds in the amount of $23,025,000 in the
manner and upon the conditions provided in subdivisions 1 to 5. The commissioner of
management and budget may sell or issue an additional $2,350,000 of bonds, but no part
thereof shall be expended unless equally matched by other than state appropriations. Any
gifts, grants, or contributions accepted pursuant to section 85A.02, subdivision 5, other
than contribution of lands by governmental entities, for the establishment or operation
of the Minnesota Zoological Garden, whether in cash or in kind, shall be considered as
matching funds. Noncash items shall be tangible real or personal property and shall be
attributed as matching funds according to their fair market value at the time of receipt.
The bonds may include a sum representing interest to accrue on the bonds from and after
its date of issue through the anticipated period of construction and development of the
Zoological Garden, which sum is needed for the payment and security of the interest
payments during that period, but in no event shall the bonds exceed the maximum amount
stated above. The bonds shall be sold, issued, and secured as provided in subdivisions 1 to
5 and in article XI, section 7, of the Constitution, except that none of the bonds of any
series issued pursuant to this authorization shall mature earlier than one year after the date
of completion of the Minnesota Zoological Garden and related facilities as estimated by
the Minnesota Zoological Board at the time of the issuance of such series. The proceeds
of the bonds, except premium and accrued interest, are appropriated deleted text begin to the Minnesota
Zoological Garden building accountdeleted text end for expenditure by the Minnesota Zoological Board
for the purpose for which the bonds are authorized in accordance with the provisions of
new text begin Minnesota Statutes 1988, new text end section 85A.04, subdivision 2. In order to reduce the amount
of taxes otherwise required by the Constitution to be levied for the payment of interest
and principal on the bonds, there is also appropriated annually to the Minnesota state
zoological bond account in the state bond fund from the general fund a sum of money
sufficient in amount, when added to the balance on hand on November 1 in each year in
the bond account, to pay all principal and interest due and to become due on the bonds
to and including July 1 in the second ensuing year. The money received and on hand
pursuant to this annual appropriation is available in the state bond fund prior to the levy of
the tax in any year required by the Constitution and by subdivision 5 and shall be used to
reduce the amount of the tax otherwise required to be levied.

Sec. 26.

Minnesota Statutes 2014, section 115A.551, subdivision 3, is amended to read:

Subd. 3.

Interim goals; nonmetropolitan counties.

The commissioner shall
establish interim recycling goals for the nonmetropolitan counties to assist them in
meeting the goals established in subdivision deleted text begin 2deleted text end new text begin 2anew text end .

Sec. 27.

Minnesota Statutes 2014, section 115A.551, subdivision 4, is amended to read:

Subd. 4.

Interim monitoring.

The commissioner shall monitor the progress of each
county toward meeting the recycling goals in deleted text begin subdivisions 2 anddeleted text end new text begin subdivisionnew text end 2a. The
commissioner shall report to the senate and house of representatives committees having
jurisdiction over environment and natural resources as part of the report required under
section 115A.411. If the commissioner finds that a county is not progressing toward
the goals in deleted text begin subdivisions 2 anddeleted text end new text begin subdivisionnew text end 2a, the commissioner shall negotiate with
the county to develop and implement solid waste management techniques designed to
assist the county in meeting the goals, such as organized collection, curbside collection
of source-separated materials, and volume-based pricing.

Sec. 28.

Minnesota Statutes 2014, section 115A.551, subdivision 5, is amended to read:

Subd. 5.

Failure to meet goal.

(a) A county failing to meet the interim goals in
subdivision 3 shall, as a minimum:

(1) notify county residents of the failure to achieve the goal and why the goal was
not achieved; and

(2) provide county residents with information on recycling programs offered by
the county.

(b) If, based on the recycling monitoring described in subdivision 4, the
commissioner finds that a county will be unable to meet the recycling goals established
in deleted text begin subdivisions 2 anddeleted text end new text begin subdivisionnew text end 2a, the commissioner shall, after consideration of
the reasons for the county's inability to meet the goals, recommend legislation for
consideration by the senate and house of representatives committees having jurisdiction
over environment and natural resources and environment and natural resources finance to
establish mandatory recycling standards and to authorize the commissioner to mandate
appropriate solid waste management techniques designed to meet the standards in those
counties that are unable to meet the goals.

Sec. 29.

Minnesota Statutes 2014, section 116.07, subdivision 5, is amended to read:

Subd. 5.

Variances.

The Pollution Control Agency may grant variances from its
rules as provided in deleted text begin section 14.05, subdivision 4,deleted text end new text begin rules adopted under this section and
sections 14.055 and 14.056new text end in order to avoid undue hardship and to promote the effective
and reasonable application and enforcement of laws, rules, and standards for prevention,
abatement and control of water, air, noise, and land pollution. The variance rules shall
provide for notice and opportunity for hearing before a variance is granted.

A local government unit authorized by contract with the Pollution Control Agency
pursuant to section 116.05 to exercise administrative powers under this chapter may
grant variances after notice and public hearing from any ordinance, rule, or standard for
prevention, abatement, or control of water, air, noise and land pollution, adopted pursuant
to said administrative powers and under the provisions of this chapter.

Sec. 30.

Minnesota Statutes 2014, section 116.42, is amended to read:

116.42 ACID DEPOSITION; LEGISLATIVE INTENT.

The legislature recognizes that acid deposition substantially resulting from the
conduct of commercial and industrial operations, both within and without the state, poses
a present and severe danger to the delicate balance of ecological systems within the state,
and that the failure to act promptly and decisively to mitigate or eliminate this danger
will soon result in untold and irreparable damage to the agricultural, water, forest, fish,
and wildlife resources of the state. It is therefore the intent of the legislature in enacting
sections 116.42 to deleted text begin 116.45deleted text end new text begin 116.44new text end to mitigate or eliminate the acid deposition problem by
curbing sources of acid deposition within the state and to support and encourage other
states, the federal government, and the province of Ontario in recognizing the dangers of
acid deposition and taking steps to mitigate or eliminate it within their own jurisdictions.

Sec. 31.

Minnesota Statutes 2014, section 116.43, is amended to read:

116.43 ACID DEPOSITION DEFINED.

As used in sections 116.42 to deleted text begin 116.45deleted text end new text begin 116.44new text end , "acid deposition" means the wet or dry
deposition from the atmosphere of chemical compounds, usually in the form of rain or
snow, having the potential to form an aqueous compound with a pH level lower than the
level considered normal under natural conditions, or lower than 5.6.

Sec. 32.

Minnesota Statutes 2014, section 116.77, is amended to read:

116.77 COVERAGE.

Sections 116.75 to 116.83 and 609.671, subdivision deleted text begin 10deleted text end new text begin 11new text end , cover any person,
including a veterinarian, who generates, treats, stores, transports, or disposes of infectious
or pathological waste but not including infectious or pathological waste generated by
households, farm operations, or agricultural businesses. Except as specifically provided,
sections 116.75 to 116.83 do not limit or alter treatment or disposal methods for infectious
or pathological waste.

Sec. 33.

Minnesota Statutes 2014, section 116A.24, subdivision 2, is amended to read:

Subd. 2.

Powers.

Subject to the approval of the board or boards except to the extent
that approval is waived by the board or boards in an order filed with and confirmed by
order of the district court, the water or sewer or water and sewer commission or when a
multicounty system is involved a county board may do all things necessary to establish,
construct, operate and maintain a system including but not limited to the following:

(a) Employ on such terms as it deems advisable, persons or firms performing
engineering, legal or other services of a professional nature; require any employee
to obtain and file with it an individual bond or fidelity insurance policy; and procure
insurance in such amounts as it deems necessary against liability of the board or its
officers and employees or both, for personal injury or death and property damage or
destruction, with the force and effect stated in chapter 466, and against risks of damage to
or destruction of any of its facilities, equipment, or other property as it deems necessary.

(b) Construct or maintain its systems or facilities in, along, on, under, over, or
through public streets, bridges, viaducts, and other public rights-of-way without first
obtaining a franchise from any local government unit having jurisdiction over them; but
such facilities shall be constructed and maintained in accordance with the ordinances
and resolutions of any such government unit relating to construction, installation, and
maintenance of similar facilities in such public properties and shall not obstruct the public
use of such rights-of-way.

(d) Have the power to adopt rules and regulations relating to the establishment of
water or sewer rentals or user fees as may be deemed advisable and the operation of any
system operated by it, and may provide penalties for the violation thereof not exceeding
the maximum which may be specified for a misdemeanor. Any rule or regulation
prescribing a penalty for violation shall be published at least once in a newspaper having
general circulation in the area.

(e) Act under the provisions of section 471.59, or any other appropriate law
providing for joint or cooperative action between government units.

(f) Acquire by purchase, lease, condemnation, gift, or grant, any real or personal
property including positive and negative easements and water and air rights, and it may
construct, enlarge, improve, replace, repair, maintain, and operate any system determined
to be necessary or convenient for the collection and disposal of sewage or collection,
treatment, and distribution of water in its jurisdiction. Any local government unit and the
commissioners of transportation and natural resources are authorized to convey to or
permit the use of any such facilities owned or controlled by it by the board or commission,
subject to the rights of the holders of any bonds issued with respect thereto, with or
without compensation, without an election or approval by any other government agency.
The board or commission may hold such property for its purposes, and may lease any
such property so far as not needed for its purposes, upon such terms and in such manner
as it shall deem advisable. Unless otherwise provided, the right to acquire lands and
property rights by condemnation shall be exercised in accordance with sections deleted text begin 117.011
deleted text end new text begin 117.012new text end to 117.232, and shall apply to any property or interest therein owned by any local
government unit; provided, that no such property devoted to an actual public use at the
time, or held to be devoted to such use within a reasonable time, shall be so acquired
unless a court of competent jurisdiction shall determine that the use proposed by the
commission is paramount to such use. Except in case of property in actual public use,
the board or commission may take possession of any property for which condemnation
proceedings have been commenced at any time after the issuance of a court order
appointing commissioners for its condemnation.

(g) Contract with the United States or any agency thereof, any state or agency
thereof, or any local government unit or governmental agency or subdivision, for the joint
use of any facility owned by the board or such entity, for the operation by such entity of
any system or facility of the board, or for the performance on the board's behalf of any
service, on such terms as may be agreed upon by the contracting parties.

(h) Exercise any other powers granted to the board or boards or court under section
116A.01, subdivision 2, relating to the establishment of a water or sewer or water and
sewer system, except that the issuance of bonds by a commission is subject to subdivision
3, paragraph (b).

(i) Retain the services of a certified public accountant for the purposes of providing
an annual audited operating statement and balance sheet and other financial reports. The
reports must be prepared in accordance with general accounting principles and must be
filed within six months after the close of the fiscal year in the office of each county auditor
within the district and with the office of the state auditor. The reports may be prepared by
the state auditor instead of by a certified public accountant if the commission so requests.

Sec. 34.

Minnesota Statutes 2015 Supplement, section 116D.04, subdivision 2a,
is amended to read:

Subd. 2a.

When prepared.

Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment, and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in new text begin Minnesota Statutes 2014, new text end section 41A.105, subdivision
1a, based on the capacity of the expanded or converted facility to produce alcohol fuel, but
must be required if the ethanol plant or biobutanol facility meets or exceeds thresholds
of other categories of actions for which environmental assessment worksheets must be
prepared. The responsible governmental unit for an ethanol plant or biobutanol facility
project for which an environmental assessment worksheet is prepared shall be the state
agency with the greatest responsibility for supervising or approving the project as a whole.

A mandatory environmental impact statement shall not be required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
in new text begin Minnesota Statutes 2014, new text end section 41A.105, subdivision 1a, clause (1); or a cellulosic
biofuel facility. A facility or plant that only uses a cellulosic feedstock to produce
chemical products for use by another facility as a feedstock shall not be considered a fuel
conversion facility as used in rules adopted under this chapter.

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet by publishing the notice in at least
one newspaper of general circulation in the geographic area where the project is proposed,
by posting the notice on a Web site that has been designated as the official publication site
for publication of proceedings, public notices, and summaries of a political subdivision in
which the project is proposed, or in any other manner determined by the board and shall
provide copies of the environmental assessment worksheet to the board and its member
agencies. Comments on the need for an environmental impact statement may be submitted
to the responsible governmental unit during a 30-day period following publication of the
notice that an environmental assessment worksheet has been completed. The responsible
governmental unit's decision on the need for an environmental impact statement shall be
based on the environmental assessment worksheet and the comments received during the
comment period, and shall be made within 15 days after the close of the comment period.
The board's chair may extend the 15-day period by not more than 15 additional days upon
the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.

(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.

(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.

(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits
or other actions required for a proposed project shall be developed in conjunction
with the preparation of an environmental impact statement. When an environmental
impact statement is prepared for a project requiring multiple permits for which two or
more agencies' decision processes include either mandatory or discretionary hearings
before a hearing officer prior to the agencies' decision on the permit, the agencies
may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
consolidated hearing process if requested by the proposer. All agencies having jurisdiction
over a permit that is included in the consolidated hearing shall participate. The responsible
governmental unit shall establish appropriate procedures for the consolidated hearing
process, including procedures to ensure that the consolidated hearing process is consistent
with the applicable requirements for each permit regarding the rights and duties of parties to
the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.

(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.

(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 35.

Minnesota Statutes 2015 Supplement, section 116J.549, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Eligible project area" means a home rule charter or statutory city located
outside of the metropolitan area as defined in section deleted text begin 473.12deleted text end new text begin 473.121new text end , subdivision 2,
with a population exceeding 500; a community that has a combined population of 1,500
residents located within 15 miles of a home rule charter or statutory city located outside
the metropolitan area as defined in section deleted text begin 473.12deleted text end new text begin 473.121new text end , subdivision 2; or an area
served by a joint county-city economic development authority.

(c) "Joint county-city economic development authority" means an economic
development authority formed under Laws 1988, chapter 516, section 1, as a joint
partnership between a city and county and excluding those established by the county only.

(d) "Market rate residential rental properties" means properties that are rented
at market value, including new modular homes, new manufactured homes, and new
manufactured homes on leased land or in a manufactured home park, and excludes:

(1) properties constructed with financial assistance requiring the property to be
occupied by residents that meet income limits under federal or state law of initial
occupancy; and

(2) properties constructed with federal, state, or local flood recovery assistance,
regardless of whether that assistance imposed income limits as a condition of receiving
assistance.

(e) "Qualified expenditure" means expenditures for market rate residential rental
properties including acquisition of property; construction of improvements; and provisions
of loans or subsidies, grants, interest rate subsidies, public infrastructure, and related
financing costs.

Sec. 36.

Minnesota Statutes 2014, section 119A.04, subdivision 2, is amended to read:

Subd. 2.

Department of Employment and Economic Development.

The powers
and duties of the Department of Employment and Economic Development with respect
to the following programs are transferred to the Department of Education under section
15.039 on July 1, 1997: (1) the Head Start program, including Project Cornerstone, under
sections 119A.50 to deleted text begin 119A.54deleted text end new text begin 119A.5411new text end ; and (2) community action agency programs and
financial assistance under sections 256E.30 and 256E.32.

Sec. 37.

Minnesota Statutes 2015 Supplement, section 119B.011, subdivision 15,
is amended to read:

Subd. 15.

Income.

"Income" means earned income as defined under section
256P.01, subdivision 3, unearned income as defined under section 256P.01, subdivision 8,
and public assistance cash benefits, including the Minnesota family investment program,
diversionary work program, work benefit, Minnesota supplemental aid, general assistance,
refugee cash assistance, at-home infant child care subsidy payments, and child support
and maintenance distributed to the family under section 256.741, subdivision deleted text begin 15deleted text end new text begin 2anew text end . The
following are deducted from income: funds used to pay for health insurance premiums for
family members, and child or spousal support paid to or on behalf of a person or persons
who live outside of the household. Income sources not included in this subdivision and
section 256P.06, subdivision 3, are not counted.

Sec. 38.

Minnesota Statutes 2015 Supplement, section 120B.301, is amended to read:

120B.301 LIMITS ON LOCAL TESTING.

(a) For students in grades 1 through 6, the cumulative total amount of time spent
taking locally adopted districtwide or schoolwide assessments must not exceed ten hours
per school year. For students in grades 7 through 12, the cumulative total amount of time
spent taking locally adopted districtwide or schoolwide assessments must not exceed 11
hours per school year. For purposes of this paragraph, International Baccalaureate and
Advanced Placement exams are not considered locally adopted assessments.

(b) A district or charter school is exempt from the requirements of paragraph (a),
if the district or charter school, in consultation with the exclusive representative of the
teachers or other teachers if there is no exclusive representative of the teachers, decides to
exceed a time limit in paragraph (a) and includes new text begin the information new text end in the report required
under section 120B.11, subdivision 5.

Sec. 39.

Minnesota Statutes 2014, section 122A.09, subdivision 10, is amended to read:

Subd. 10.

Variances.

(a) Notwithstanding subdivision 9 and deleted text begin section 14.05,
subdivision 4deleted text end new text begin sections 14.055 and 14.056new text end , the Board of Teaching may grant a variance to
its rules upon application by a school district for purposes of implementing experimental
programs in learning or management.

(b) To enable a school district to meet the needs of students enrolled in an alternative
education program and to enable licensed teachers instructing those students to satisfy
content area licensure requirements, the Board of Teaching annually may permit a licensed
teacher teaching in an alternative education program to instruct students in a content area
for which the teacher is not licensed, consistent with paragraph (a).

(c) A special education license variance issued by the Board of Teaching for a
primary employer's low-incidence region shall be valid in all low-incidence regions.

Sec. 40.

Minnesota Statutes 2014, section 122A.21, subdivision 1, is amended to read:

Subdivision 1.

Licensure applications.

Each application for the issuance, renewal,
or extension of a license to teach, including applications for licensure via portfolio under
subdivision 2, must be accompanied by a processing fee of $57. deleted text begin Each application for
issuing, renewing, or extending the license of a school administrator or supervisor must
be accompanied by a processing fee in the amount set by the Board of Teaching.deleted text end The
processing fee for a teacher's license and for the licenses of supervisory personnel must be
paid to the executive secretary of the appropriate board. The executive secretary of the
board shall deposit the fees with the commissioner of management and budget. The fees
as set by the board are nonrefundable for applicants not qualifying for a license. However,
a fee must be refunded by the commissioner of management and budget in any case in
which the applicant already holds a valid unexpired license. The board may waive or
reduce fees for applicants who apply at the same time for more than one license.

Sec. 41.

Minnesota Statutes 2014, section 123B.57, subdivision 3, is amended to read:

Subd. 3.

Health and safety revenue.

A district's health and safety revenue
for a fiscal year equals the district's alternative facilities levy under section 123B.59,
subdivision 5, paragraph (b), plus the greater of zero or:

(1) the sum of (a) the total approved cost of the district's hazardous substance
plan for fiscal years 1985 through 1989, plus (b) the total approved cost of the district's
health and safety program for fiscal year 1990 through the fiscal year to which the levy
is attributable, excluding expenditures funded with bonds issued under section 123B.59
or 123B.62, or chapter 475; certificates of indebtedness or capital notes under section
123B.61; levies under section 123B.58, 123B.59, 123B.63, or 126C.40, subdivision 1 or
6; and other federal, state, or local revenues, minus

(2) the sum of (a) the district's total hazardous substance aid and levy for fiscal
years 1985 through 1989 under deleted text begin sectionsdeleted text end new text begin Minnesota Statutes 1996, sectionnew text end 124.245new text begin ,new text end and
new text begin Minnesota Statutes 1986, sectionnew text end 275.125, subdivision 11c, plus (b) the district's health
and safety revenue under this subdivision, for years before the fiscal year to which the
levy is attributable.

Sec. 42.

Minnesota Statutes 2015 Supplement, section 123B.595, subdivision 11,
is amended to read:

Subd. 11.

Restrictions on long-term facilities maintenance revenue.

Notwithstanding subdivision deleted text begin 11deleted text end new text begin 10new text end , long-term facilities maintenance revenue may not
be used:

(1) for the construction of new facilities, remodeling of existing facilities, or the
purchase of portable classrooms;

(2) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;

(3) for energy-efficiency projects under section 123B.65, for a building or property
or part of a building or property used for postsecondary instruction or administration, or
for a purpose unrelated to elementary and secondary education; or

(4) for violence prevention and facility security, ergonomics, or emergency
communication devices.

Sec. 43.

Minnesota Statutes 2014, section 124D.50, subdivision 4, is amended to read:

Subd. 4.

Programs following youth community service.

(a) The Minnesota
Commission on National and Community Service in cooperation with the Governor's
Workforce Development Council, the commissioner and the Minnesota Office of
Higher Education, shall provide for those participants who successfully complete youth
community service under sections 124D.39 to 124D.44, the following:

(1) for those who have a high school diploma or its equivalent, an opportunity to
participate in a youth apprenticeship program at a community or technical college; and

(2) for those who are postsecondary students, an opportunity to participate in an
educational program that supplements postsecondary courses leading to a degree or a
statewide credential of academic and occupational proficiency.

deleted text begin (b) Participants who successfully complete a youth community service program
under sections 124D.39 to 124D.45 are eligible to receive an education voucher as
provided under section 124D.42, subdivision 4. The voucher recipient may apply the
voucher toward the cost of the recipient's tuition and other education-related expenses at a
postsecondary school under paragraph (a).
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end The Governor's Workforce Development Council, in cooperation with the
Board of Trustees of the Minnesota State Colleges and Universities, must establish a
mechanism to transfer credit earned in a youth apprenticeship program between the
technical colleges and other postsecondary institutions offering applied associate degrees.

Sec. 44.

Minnesota Statutes 2014, section 124D.895, subdivision 3, is amended to read:

Subd. 3.

Plan activities.

Activities contained in the model plans must include:

(1) educational opportunities for families that enhance children's learning and native
and English language development;

(2) educational programs for parents or guardians on families' educational
responsibilities and resources;

(3) the hiring, training, and use of parental involvement liaison workers to
coordinate family involvement activities and to foster linguistic and culturally competent
communication among families, educators, and students, consistent with the definition of
culturally competent under section 120B.30, subdivision 1, paragraph deleted text begin (l)deleted text end new text begin (q)new text end ;

(4) curriculum materials and assistance in implementing home and community-based
learning activities that reinforce and extend classroom instruction and student motivation;

(5) technical assistance, including training to design and carry out family
involvement programs;

(6) parent resource centers;

(7) parent training programs and reasonable and necessary expenditures associated
with parents' attendance at training sessions;

(8) reports to parents on children's progress;

(9) use of parents as classroom volunteers, or as volunteers in before and after
school programs for school-age children, tutors, and aides;

(10) soliciting parents' suggestions in planning, developing, and implementing
school programs;

(11) educational programs and opportunities for parents or guardians that are
multicultural, multilingual, gender fair, and disability sensitive;

(12) involvement in a district's curriculum advisory committee or a site team under
section 120B.11; and

(13) opportunities for parent involvement in developing, implementing, or evaluating
school and district desegregation/integration plans under sections 124D.861 and 124D.862.

Sec. 45.

Minnesota Statutes 2015 Supplement, section 125A.11, subdivision 1, is
amended to read:

Subdivision 1.

Nonresident tuition rate; other costs.

(a) For fiscal year 2015 and
later, when a school district provides special instruction and services for a pupil with
a disability as defined in section 125A.02 outside the district of residence, excluding
a pupil for whom an adjustment to special education aid is calculated according to
section 127A.47, subdivision 7, paragraphs (b) to (d), special education aid paid to the
resident district must be reduced by an amount equal to (1) the actual cost of providing
special instruction and services to the pupil, including a proportionate amount for special
transportation and unreimbursed building lease and debt service costs for facilities used
primarily for special education, plus (2) the amount of general education revenue and
referendum equalization aid attributable to that pupil, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil
unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity
revenue, minus (3) the amount of special education aid for children with a disability
under section 125A.76 received on behalf of that child, minus (4) if the pupil receives
special instruction and services outside the regular classroom for more than 60 percent
of the school day, the amount of general education revenue and referendum equalization
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives special instruction
and services outside of the regular classroom, calculated using the resident district's
average general education revenue and referendum equalization aid per adjusted pupil unit
excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue
and the serving district's basic skills revenue, elementary sparsity revenue and secondary
sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils
served by a cooperative unit without a fiscal agent school district, the general education
revenue and referendum equalization aid attributable to a pupil must be calculated using
the resident district's average general education revenue and referendum equalization aid
excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity
revenue. Special education aid paid to the district or cooperative providing special
instruction and services for the pupil must be increased by the amount of the reduction in
the aid paid to the resident district. Amounts paid to cooperatives under this subdivision
and section 127A.47, subdivision 7, shall be recognized and reported as revenues and
expenditures on the resident school district's books of account under sections 123B.75
and 123B.76. If the resident district's special education aid is insufficient to make the full
adjustment, the remaining adjustment shall be made to other state aid due to the district.

(b) Notwithstanding paragraph (a), when a charter school receiving special education
aid under section 124E.21, subdivision 3, provides special instruction and services for
a pupil with a disability as defined in section 125A.02, excluding a pupil for whom an
adjustment to special education aid is calculated according to section deleted text begin 127A.46deleted text end new text begin 127A.47new text end ,
subdivision 7, paragraphs (b) to (e), special education aid paid to the resident district must
be reduced by an amount equal to that calculated under paragraph (a) as if the charter
school received aid under section 124E.21, subdivision 1. Notwithstanding paragraph (a),
special education aid paid to the charter school providing special instruction and services
for the pupil must not be increased by the amount of the reduction in the aid paid to
the resident district.

(c) Notwithstanding paragraph (a) and section 127A.47, subdivision 7, paragraphs
(b) to (d), a charter school where more than 30 percent of enrolled students receive special
education and related services, a site approved under section 125A.515, an intermediate
district, a special education cooperative, or a school district that served as the applicant
agency for a group of school districts for federal special education aids for fiscal year
2006 may apply to the commissioner for authority to charge the resident district an
additional amount to recover any remaining unreimbursed costs of serving pupils with
a disability. The application must include a description of the costs and the calculations
used to determine the unreimbursed portion to be charged to the resident district. Amounts
approved by the commissioner under this paragraph must be included in the tuition billings
or aid adjustments under paragraph (a), or section 127A.47, subdivision 7, paragraphs
(b) to (d), as applicable.

(d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraph
(b), "general education revenue and referendum equalization aid" means the sum of the
general education revenue according to section 126C.10, subdivision 1, excluding the
local optional levy according to section 126C.10, subdivision 2e, paragraph (c), plus the
referendum equalization aid according to section 126C.17, subdivision 7.

Sec. 46.

Minnesota Statutes 2014, section 125A.51, is amended to read:

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.

The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.

(a) The school district of residence of the pupil is the district in which the pupil's
parent or guardian resides. If there is a dispute between school districts regarding
residency, the district of residence is the district designated by the commissioner.

(b) When parental rights have been terminated by court order, the legal residence
of a child placed in a residential or foster facility for care and treatment is the district in
which the child resides.

(c) Before the placement of a pupil for care and treatment, the district of residence
must be notified and provided an opportunity to participate in the placement decision.
When an immediate emergency placement is necessary and time does not permit
resident district participation in the placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence, must notify the district
of residence of the emergency placement within 15 days of the placement. When a
nonresident district makes an emergency placement without first consulting with the
resident district, the resident district has up to five business days after receiving notice
of the emergency placement to request an opportunity to participate in the placement
decision, which the placing district must then provide.

(d) When a pupil without a disability is temporarily placed for care and treatment
in a day program and the pupil continues to live within the district of residence during
the care and treatment, the district of residence must provide instruction and necessary
transportation to and from the care and treatment program for the pupil. The resident
district may establish reasonable restrictions on transportation, except if a Minnesota court
or agency orders the child placed at a day care and treatment program and the resident
district receives a copy of the order, then the resident district must provide transportation
to and from the program unless the court or agency orders otherwise. Transportation shall
only be provided by the resident district during regular operating hours of the resident
district. The resident district may provide the instruction at a school within the district of
residence, at the pupil's residence, or in the case of a placement outside of the resident
district, in the district in which the day treatment program is located by paying tuition to
that district. The district of placement may contract with a facility to provide instruction
by teachers licensed by the state Board of Teaching.

(e) When a pupil without a disability is temporarily placed in a residential program
for care and treatment, the district in which the pupil is placed must provide instruction
for the pupil and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction for the regular
school year and for summer school, excluding transportation costs.

(f) Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section deleted text begin 127A.47,
subdivision 2deleted text end new text begin 120A.20, subdivision 2, paragraph (b)new text end , shall provide the transportation, unless
the district that enrolls the pupil and the district in which the pupil is temporarily placed
agree that the district in which the pupil is temporarily placed shall provide transportation.
When a pupil without a disability is temporarily placed in a residential program outside
the district of residence, the administrator of the court placing the pupil must send timely
written notice of the placement to the district of residence. The district of placement may
contract with a residential facility to provide instruction by teachers licensed by the state
Board of Teaching. For purposes of this section, the state correctional facilities operated
on a fee-for-service basis are considered to be residential programs for care and treatment.

(g) The district of residence must include the pupil in its residence count of pupil
units and pay tuition as provided in section 123A.488 to the district providing the
instruction. Transportation costs must be paid by the district providing the transportation
and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the disabled
transportation category if the pupils cannot be transported on a regular school bus route
without special accommodations.

Sec. 47.

Minnesota Statutes 2015 Supplement, section 125A.76, subdivision 2c,
is amended to read:

Subd. 2c.

Special education aid.

deleted text begin (a) For fiscal year 2014 and fiscal year 2015, a
district's special education aid equals the sum of the district's special education aid under
subdivision 5, the district's cross subsidy reduction aid under subdivision 2b, and the
district's excess cost aid under section 125A.79, subdivision 7.
deleted text end

deleted text begin (b)deleted text end new text begin (a)new text end For fiscal year 2016 and later, a district's special education aid equals the sum
of the district's special education initial aid under subdivision 2a and the district's excess
cost aid under section 125A.79, subdivision 5.

deleted text begin (c)deleted text end new text begin (b)new text end Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (a)new text end , for fiscal year 2016, the special education
aid for a school district must not exceed the sum of the special education aid the district
would have received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76
and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11 and
127A.47, subdivision 7, and the product of the district's average daily membership served
and the special education aid increase limit.

deleted text begin (d)deleted text end new text begin (c)new text end Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (a)new text end , for fiscal year 2017 and later, the special
education aid for a school district must not exceed the sum of: (i) the product of the
district's average daily membership served and the special education aid increase limit and
(ii) the product of the sum of the special education aid the district would have received
for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76 and 125A.79,
as adjusted according to Minnesota Statutes 2012, sections 125A.11 and 127A.47,
subdivision 7, the ratio of the district's average daily membership served for the current
fiscal year to the district's average daily membership served for fiscal year 2016, and the
program growth factor.

deleted text begin (e)deleted text end new text begin (d)new text end Notwithstanding paragraph deleted text begin (b)deleted text end new text begin (a)new text end , for fiscal year 2016 and later the special
education aid for a school district, not including a charter school or cooperative unit as
defined in section 123A.24, must not be less than the lesser of (1) the district's nonfederal
special education expenditures for that fiscal year or (2) the product of the sum of the
special education aid the district would have received for fiscal year 2016 under Minnesota
Statutes 2012, sections 125A.76 and 125A.79, as adjusted according to Minnesota Statutes
2012, sections 125A.11 and 127A.47, subdivision 7, the ratio of the district's adjusted
daily membership for the current fiscal year to the district's average daily membership for
fiscal year 2016, and the program growth factor.

deleted text begin (f)deleted text end new text begin (e)new text end Notwithstanding subdivision 2a and section 125A.79, a charter school in
its first year of operation shall generate special education aid based on current year
data. A newly formed cooperative unit as defined in section 123A.24 may apply to the
commissioner for approval to generate special education aid for its first year of operation
based on current year data, with an offsetting adjustment to the prior year data used to
calculate aid for programs at participating school districts or previous cooperatives that
were replaced by the new cooperative.

Sec. 48.

Minnesota Statutes 2015 Supplement, section 125A.79, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the definitions in this
subdivision apply.

(a) "Unreimbursed old formula special education expenditures" means:

(1) old formula special education expenditures for the prior fiscal year; minus

(2) deleted text begin for fiscal years 2014 and 2015, the sum of the special education aid under section
125A.76, subdivision 5, for the prior fiscal year and the cross subsidy reduction aid under
section 125A.76, subdivision 2b, anddeleted text end for fiscal year 2016 and later, the special education
initial aid under section 125A.76, subdivision 2a; minus

(3) for fiscal year 2016 and later, the amount of general education revenue, excluding
local optional revenue, plus local optional aid and referendum equalization aid for the
prior fiscal year attributable to pupils receiving special instruction and services outside the
regular classroom for more than 60 percent of the school day for the portion of time the
pupils receive special instruction and services outside the regular classroom, excluding
portions attributable to district and school administration, district support services,
operations and maintenance, capital expenditures, and pupil transportation.

(b) "Unreimbursed nonfederal special education expenditures" means:

(1) nonfederal special education expenditures for the prior fiscal year; minus

(2) special education initial aid under section 125A.76, subdivision 2a; minus

(3) the amount of general education revenue and referendum equalization aid for the
prior fiscal year attributable to pupils receiving special instruction and services outside the
regular classroom for more than 60 percent of the school day for the portion of time the
pupils receive special instruction and services outside of the regular classroom, excluding
portions attributable to district and school administration, district support services,
operations and maintenance, capital expenditures, and pupil transportation.

(c) "General revenue" for a school district means the sum of the general education
revenue according to section 126C.10, subdivision 1, excluding transportation sparsity
revenue, local optional revenue, and total operating capital revenue. "General revenue"
for a charter school means the sum of the general education revenue according to section
124E.20, subdivision 1, and transportation revenue according to section 124E.23,
excluding referendum equalization aid, transportation sparsity revenue, and operating
capital revenue.

Sec. 49.

Minnesota Statutes 2014, section 127A.45, subdivision 11, is amended to read:

Subd. 11.

Payment percentage for reimbursement aids.

One hundred percent
of the aid for the previous fiscal year must be paid in the current year for the following
aids: telecommunications/Internet access equity and according to section 125B.26, special
education special pupil aid according to section 125A.75, subdivision 3, aid for litigation
costs according to section 125A.75, subdivision deleted text begin 8deleted text end new text begin 9new text end , aid for court-placed special education
expenses according to section 125A.79, subdivision 4, and aid for special education
out-of-state tuition according to section 125A.79, subdivision 8, and shared time aid
according to section 126C.01, subdivision 7.

Sec. 50.

Minnesota Statutes 2014, section 134.32, subdivision 8, is amended to read:

Subd. 8.

Rulemaking.

deleted text begin (a)deleted text end The commissioner shall promulgate rules consistent
with sections 134.32 to 134.355 governing:

(1) applications for these grants and aid;

(2) computation formulas for determining the amounts of establishment grants and
regional library basic system support aid; and

(3) eligibility criteria for grants and aid.

deleted text begin (b) To the extent allowed under federal law, a construction grant applicant, in
addition to the points received under Minnesota Rules, part 3530.2632, shall receive an
additional five points if the construction grant is for a project combining public library
services and school district library services at a single location.
deleted text end

Sec. 51.

Minnesota Statutes 2014, section 136A.128, subdivision 2, is amended to read:

Subd. 2.

Program components.

(a) The nonprofit organization must use the
grant for:

(1) tuition scholarships up to $5,000 per year for courses leading to the nationally
recognized child development associate credential or college-level courses leading to an
associate's or bachelor's degree in early childhood development and school-age care; and

(2) education incentives of a minimum of $100 to participants in the tuition
scholarship program if they complete a year of working in the early care and education field.

(b) Applicants for the scholarship must be employed by a licensed early childhood
or child care program and working directly with children, a licensed family child care
provider, or an employee in a school-age program exempt from licensing under section
245A.03, subdivision 2, new text begin paragraph (a), new text end clause (12). Lower wage earners must be given
priority in awarding the tuition scholarships. Scholarship recipients must contribute
ten percent of the total scholarship and must be sponsored by their employers, who
must also contribute ten percent of the total scholarship. Scholarship recipients who are
self-employed must contribute 20 percent of the total scholarship.

Sec. 52.

Minnesota Statutes 2014, section 144.1222, subdivision 2a, is amended to read:

Subd. 2a.

Portable wading pools at family day care or group family day care
homes.

A portable wading pool that is located at a family day care or group family day
care home licensed under Minnesota Rules, chapter 9502, or at a home at which child
care services are provided under section 245A.03, subdivision 2, new text begin paragraph (a), new text end clause
(2), shall be defined as a private residential pool and not as a public pool for purposes of
public swimming pool regulations under Minnesota Rules, chapter 4717, provided that
the portable wading pool has a maximum depth of 24 inches and is capable of being
manually emptied and moved.

Sec. 53.

Minnesota Statutes 2014, section 144.414, subdivision 2, is amended to read:

Subd. 2.

Day care premises.

(a) Smoking is prohibited in a day care center licensed
under Minnesota Rules, parts 9503.0005 to deleted text begin 9503.0175deleted text end new text begin 9503.0170new text end , or in a family home
or in a group family day care provider home licensed under Minnesota Rules, parts
9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or
group family day care provider must disclose to parents or guardians of children cared
for on the premises if the proprietor permits smoking outside of its hours of operation.
Disclosure must include posting on the premises a conspicuous written notice and orally
informing parents or guardians.

(b) For purposes of this subdivision, the definition of smoking includes the use of
electronic cigarettes, including the inhaling and exhaling of vapor from any electronic
delivery device as defined in section 609.685, subdivision 1.

Sec. 54.

Minnesota Statutes 2014, section 144.608, subdivision 1, is amended to read:

Subdivision 1.

Trauma Advisory Council established.

(a) A Trauma Advisory
Council is established to advise, consult with, and make recommendations to the
commissioner on the development, maintenance, and improvement of a statewide trauma
system.

(b) The council shall consist of the following members:

(1) a trauma surgeon certified by the American Board of Surgery or the American
Osteopathic Board of Surgery who practices in a level I or II trauma hospital;

(2) a general surgeon certified by the American Board of Surgery or the American
Osteopathic Board of Surgery whose practice includes trauma and who practices in a
designated rural area as defined under section 144.1501, subdivision 1, paragraph deleted text begin (b)deleted text end new text begin (e)new text end ;

(3) a neurosurgeon certified by the American Board of Neurological Surgery who
practices in a level I or II trauma hospital;

(4) a trauma program nurse manager or coordinator practicing in a level I or II
trauma hospital;

(5) an emergency physician certified by the American Board of Emergency Medicine
or the American Osteopathic Board of Emergency Medicine whose practice includes
emergency room care in a level I, II, III, or IV trauma hospital;

(6) a trauma program manager or coordinator who practices in a level III or IV
trauma hospital;

(7) a physician certified by the American Board of Family Medicine or the American
Osteopathic Board of Family Practice whose practice includes emergency department care
in a level III or IV trauma hospital located in a designated rural area as defined under
section 144.1501, subdivision 1, paragraph deleted text begin (b)deleted text end new text begin (e)new text end ;

(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph
deleted text begin (h)deleted text end new text begin (l)new text end , or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph
deleted text begin (j)deleted text end new text begin (o)new text end , whose practice includes emergency room care in a level IV trauma hospital located in
a designated rural area as defined under section 144.1501, subdivision 1, paragraph deleted text begin (b)deleted text end new text begin (e)new text end ;

(9) a pediatrician certified by the American Board of Pediatrics or the American
Osteopathic Board of Pediatrics whose practice includes emergency department care
in a level I, II, III, or IV trauma hospital;

(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery
or the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma
and who practices in a level I, II, or III trauma hospital;

(11) the state emergency medical services medical director appointed by the
Emergency Medical Services Regulatory Board;

(12) a hospital administrator of a level III or IV trauma hospital located in a
designated rural area as defined under section 144.1501, subdivision 1, paragraph deleted text begin (b)deleted text end new text begin (e)new text end ;

(13) a rehabilitation specialist whose practice includes rehabilitation of patients
with major trauma injuries or traumatic brain injuries and spinal cord injuries as defined
under section 144.661;

(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within
the meaning of section 144E.001 and who actively practices with a licensed ambulance
service in a primary service area located in a designated rural area as defined under section
144.1501, subdivision 1, paragraph deleted text begin (b)deleted text end new text begin (e)new text end ; and

(15) the commissioner of public safety or the commissioner's designee.

Sec. 55.

Minnesota Statutes 2014, section 144.651, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For the purposes of this section, "patient" means a person
who is admitted to an acute care inpatient facility for a continuous period longer than
24 hours, for the purpose of diagnosis or treatment bearing on the physical or mental
health of that person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20,
"patient" also means a person who receives health care services at an outpatient surgical
center or at a birth center licensed under section 144.615. "Patient" also means a minor
who is admitted to a residential program as defined in section 253C.01. For purposes of
subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving
mental health treatment on an outpatient basis or in a community support program or other
community-based program. "Resident" means a person who is admitted to a nonacute care
facility including extended care facilities, nursing homes, and boarding care homes for
care required because of prolonged mental or physical illness or disability, recovery from
injury or disease, or advancing age. For purposes of all subdivisions except subdivisions
28 and 29, "resident" also means a person who is admitted to a facility licensed as a
board and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, or a
supervised living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and
which operates a rehabilitation program licensed under Minnesota Rules, parts deleted text begin 9530.4100
to 9530.4450deleted text end new text begin 9530.6405 to 9530.6505new text end .

Sec. 56.

Minnesota Statutes 2014, section 144A.04, subdivision 7, is amended to read:

Subd. 7.

Minimum nursing staff requirement.

deleted text begin Notwithstanding the provisions of
Minnesota Rules, part 4655.5600,deleted text end The minimum staffing standard for nursing personnel
in certified nursing homes is as follows:

(a) The minimum number of hours of nursing personnel to be provided in a nursing
home is the greater of two hours per resident per 24 hours or 0.95 hours per standardized
resident day. Upon transition to the 34 group, RUG-III resident classification system, the
0.95 hours per standardized resident day shall no longer apply.

(b) For purposes of this subdivision, "hours of nursing personnel" means the paid,
on-duty, productive nursing hours of all nurses and nursing assistants, calculated on the
basis of any given 24-hour period. "Productive nursing hours" means all on-duty hours
during which nurses and nursing assistants are engaged in nursing duties. Examples of
nursing duties may be found in Minnesota Rules, deleted text begin parts 4655.5900, 4655.6100, anddeleted text end new text begin part
new text end 4655.6400. Not included are vacations, holidays, sick leave, in-service classroom training,
or lunches. Also not included are the nonproductive nursing hours of the in-service
training director. In homes with more than 60 licensed beds, the hours of the director
of nursing are excluded. "Standardized resident day" means the sum of the number of
residents in each case mix class multiplied by the case mix weight for that resident class,
as found in Minnesota Rules, part 9549.0059, subpart 2, calculated on the basis of a
facility's census for any given day. For the purpose of determining a facility's census, the
commissioner of health shall exclude the resident days claimed by the facility for resident
therapeutic leave or bed hold days.

(c) Calculation of nursing hours per standardized resident day is performed by
dividing total hours of nursing personnel for a given period by the total of standardized
resident days for that same period.

(d) A nursing home that is issued a notice of noncompliance under section 144A.10,
subdivision 5, for a violation of this subdivision, shall be assessed a civil fine of $300 for
each day of noncompliance, subject to section 144A.10, subdivisions 7 and 8.

Sec. 57.

Minnesota Statutes 2014, section 144A.10, subdivision 4, is amended to read:

Subd. 4.

Correction orders.

Whenever a duly authorized representative of the
commissioner of health finds upon inspection of a nursing home, that the facility or a
controlling person or an employee of the facility is not in compliance with sections
144.411 to 144.417, 144.651, 144.6503, 144A.01 to 144A.155, or 626.557 or the rules
promulgated thereunder, a correction order shall be issued to the facility. The correction
order shall state the deficiency, cite the specific rule or statute violated, state the suggested
method of correction, and specify the time allowed for correction. If the commissioner
finds that the nursing home had uncorrected or repeated violations which create a risk to
resident care, safety, or rights, the commissioner shall notify the commissioner of human
services who shall require the facility to use any efficiency incentive payments received
under section 256B.431, subdivision 2b, paragraph (d), to correct the violations and shall
require the facility to forfeit incentive payments for failure to correct the violations
as provided in section 256B.431, subdivision deleted text begin 2pdeleted text end new text begin 2nnew text end . The forfeiture shall not apply to
correction orders issued for physical plant deficiencies.

Sec. 58.

Minnesota Statutes 2014, section 144A.105, subdivision 1, is amended to read:

Subdivision 1.

Circumstances for suspensions.

The commissioner of health may
suspend admissions to a nursing home or certified boarding care home when:

(1) the commissioner has issued a penalty assessment or the nursing home has
a repeated violation for noncompliance with section 144A.04, subdivision 7deleted text begin , or the
portion of Minnesota Rules, part 4655.5600, subpart 2, that establishes minimum nursing
personnel requirementsdeleted text end ;

(2) the commissioner has issued a penalty assessment or the nursing home or
certified boarding care home has repeated violations for not maintaining a sufficient
number or type of nursing personnel to meet the needs of the residents, as required by
Minnesota Rules, parts 4655.5100 to deleted text begin 4655.6200deleted text end new text begin 4655.5400new text end ;

(3) the commissioner has determined that an emergency exists;

(4) the commissioner has initiated proceedings to suspend, revoke, or not renew the
license of the nursing home or certified boarding care home; or

(5) the commissioner determines that the remedy of denial of payment, as provided
by subparagraph 1919(h)(2)(A)(i) of the Social Security Act, is to be imposed under
section 1919(h) of the Social Security Act, or regulations adopted under that section of
the Social Security Act.

Sec. 59.

Minnesota Statutes 2014, section 144A.43, subdivision 22, is amended to read:

Subd. 22.

Prescription.

"Prescription" has the meaning given in section 151.01,
subdivision deleted text begin 16deleted text end new text begin 16anew text end .

Sec. 60.

Minnesota Statutes 2014, section 144A.442, is amended to read:

144A.442 ASSISTED LIVING CLIENTS; SERVICE TERMINATION.

If an arranged home care provider, as defined in section 144D.01, subdivision 2a,
who is not also Medicare certified terminates a service agreement or service plan with an
assisted living client, as defined in section 144G.01, subdivision 3, the home care provider
shall provide the assisted living client and the legal or designated representatives of the
client, if any, with a written notice of termination which includes the following information:

(1) the effective date of termination;

(2) the reason for termination;

(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client or client representatives within no more than five business days of
the date of the termination notice to discuss the termination;

(4) contact information for a reasonable number of other home care providers in
the geographic area of the assisted living client, as required by deleted text begin Minnesota Rules, part
4668.0050deleted text end new text begin section 144A.4791, subdivision 10new text end ;

(5) a statement that the provider will participate in a coordinated transfer of the care
of the client to another provider or caregiver, as required by section 144A.44, subdivision
1, clause (18);

(6) the name and contact information of a representative of the home care provider
with whom the client may discuss the notice of termination;

(7) a copy of the home care bill of rights; and

(8) a statement that the notice of termination of home care services by the home care
provider does not constitute notice of termination of the housing with services contract
with a housing with services establishment.

Sec. 61.

Minnesota Statutes 2014, section 144A.4792, subdivision 13, is amended to
read:

Subd. 13.

Prescriptions.

There must be a current written or electronically recorded
prescription as defined in deleted text begin Minnesota Rules, part 6800.0100, subpart 11adeleted text end new text begin section 151.01,
subdivision 16anew text end , for all prescribed medications that the comprehensive home care provider
is managing for the client.

Sec. 62.

Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read:

Subd. 4.

Housing with services establishment or establishment.

(a) "Housing
with services establishment" or "establishment" means:

(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, for a fee, one or more regularly scheduled health-related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or

(2) an establishment that registers under section 144D.025.

(b) Housing with services establishment does not include:

(1) a nursing home licensed under chapter 144A;

(2) a hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;

(3) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 9520.0670deleted text begin , 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
deleted text end or deleted text begin 9530.4100 to 9530.4450deleted text end new text begin 9530.6405 to 9530.6505new text end , or under chapter 245D;

(4) a board and lodging establishment which serves as a shelter for battered women
or other similar purpose;

(5) a family adult foster care home licensed by the Department of Human Services;

(6) private homes in which the residents are related by kinship, law, or affinity with
the providers of services;

(7) residential settings for persons with developmental disabilities in which the
services are licensed under deleted text begin Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
successor rules or lawsdeleted text end new text begin chapter 245Dnew text end ;

(8) a home-sharing arrangement such as when an elderly or disabled person or
single-parent family makes lodging in a private residence available to another person
in exchange for services or rent, or both;

(9) a duly organized condominium, cooperative, common interest community, or
owners' association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units; or

(10) services for persons with developmental disabilities that are provided under
a license deleted text begin according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
January 1, 1998, ordeleted text end under chapter 245D.

Sec. 63.

Minnesota Statutes 2014, section 144E.285, subdivision 2, is amended to read:

Subd. 2.

AEMT and paramedic requirements.

(a) In addition to the requirements
under subdivision 1, paragraph (b), an education program applying for approval to teach
AEMTs and paramedics must be administered by an educational institution accredited by
the Commission of Accreditation of Allied Health Education Programs (CAAHEP).

(b) An AEMT and paramedic education program that is administered by an
educational institution not accredited by CAAHEP, but that is in the process of completing
the accreditation process, may be granted provisional approval by the board upon
verification of submission of its self-study report and the appropriate review fee to
CAAHEP.

(c) An educational institution that discontinues its participation in the accreditation
process must notify the board immediately and provisional approval shall be withdrawn.

(d) This subdivision does not apply to a paramedic education program when the
program is operated by an advanced life-support ambulance service licensed by the
Emergency Medical Services Regulatory Board under this chapter, and the ambulance
service meets the following criteria:

(1) covers a rural primary service area that does not contain a hospital within the
primary service area or contains a hospital within the primary service area that has been
designated as a critical access hospital under section 144.1483, clause deleted text begin (11)deleted text end new text begin (9)new text end ;

(2) has tax-exempt status in accordance with the Internal Revenue Code, section
501(c)(3);

(3) received approval before 1991 from the commissioner of health to operate
a paramedic education program;

(4) operates an AEMT and paramedic education program exclusively to train
paramedics for the local ambulance service; and

(5) limits enrollment in the AEMT and paramedic program to five candidates per
biennium.

Sec. 64.

Minnesota Statutes 2014, section 144G.03, subdivision 2, is amended to read:

Subd. 2.

Minimum requirements for assisted living.

(a) Assisted living shall
be provided or made available only to individuals residing in a registered housing with
services establishment. Except as expressly stated in this chapter, a person or entity
offering assisted living may define the available services and may offer assisted living to
all or some of the residents of a housing with services establishment. The services that
comprise assisted living may be provided or made available directly by a housing with
services establishment or by persons or entities with which the housing with services
establishment has made arrangements.

(b) A person or entity entitled to use the phrase "assisted living," according to
section 144G.02, subdivision 1, shall do so only with respect to a housing with services
establishment, or a service, service package, or program available within a housing with
services establishment that, at a minimum:

(1) provides or makes available health-related services under a class A or class F
home care license. At a minimum, health-related services must include:

(i) assistance with self-administration of medication deleted text begin as defined in Minnesota Rules,
part 4668.0003, subpart 2a,deleted text end or medication administration as deleted text begin defined in Minnesota Rules,
part 4668.0003, subpart 21adeleted text end new text begin provided in section 144A.43new text end ; and

(ii) assistance with at least three of the following seven activities of daily living:
bathing, dressing, grooming, eating, transferring, continence care, and toileting.

All health-related services shall be provided in a manner that complies with applicable
home care licensure requirements in chapter 144A, sections 148.171 to 148.285, and
Minnesota Rules, chapter 4668;

(2) provides necessary assessments of the physical and cognitive needs of assisted
living clients by a registered nurse, as required by applicable home care licensure
requirements in chapter 144A, sections 148.171 to 148.285, and Minnesota Rules, chapter
4668;

(3) has and maintains a system for delegation of health care activities to unlicensed
assistive health care personnel by a registered nurse, including supervision and evaluation
of the delegated activities as required by applicable home care licensure requirements in
chapter 144A, sections 148.171 to 148.285, and Minnesota Rules, chapter 4668;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven
days per week;

(5) has and maintains a system to check on each assisted living client at least daily;

(6) provides a means for assisted living clients to request assistance for health and
safety needs 24 hours per day, seven days per week, from the establishment or a person or
entity with which the establishment has made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who
is responsible for responding to the requests of assisted living clients for assistance with
health or safety needs, who shall be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus
with the housing with services establishment in order to respond within a reasonable
amount of time;

(iii) capable of communicating with assisted living clients;

(iv) capable of recognizing the need for assistance;

(v) capable of providing either the assistance required or summoning the appropriate
assistance; and

(vi) capable of following directions;

(8) offers to provide or make available at least the following supportive services
to assisted living clients:

(i) two meals per day;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the client, reasonable assistance with arranging for
transportation to medical and social services appointments, and the name of or other
identifying information about the person or persons responsible for providing this
assistance;

(v) upon the request of the client, reasonable assistance with accessing community
resources and social services available in the community, and the name of or other
identifying information about the person or persons responsible for providing this
assistance; and

(vi) periodic opportunities for socialization; and

(9) makes available to all prospective and current assisted living clients information
consistent with the uniform format and the required components adopted by the
commissioner under section 144G.06. This information must be made available beginning
no later than six months after the commissioner makes the uniform format and required
components available to providers according to section 144G.06.

Sec. 65.

Minnesota Statutes 2014, section 147A.08, is amended to read:

147A.08 EXEMPTIONS.

(a) This chapter does not apply to, control, prevent, or restrict the practice, service,
or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons
regulated under section 214.01, subdivision 2, or persons defined in section 144.1501,
subdivision 1, paragraphs deleted text begin (f), (h), anddeleted text end (i)new text begin , (k), and (l)new text end .

(b) Nothing in this chapter shall be construed to require licensure of:

(1) a physician assistant student enrolled in a physician assistant educational
program accredited by the Accreditation Review Commission on Education for the
Physician Assistant or by its successor agency approved by the board;

(2) a physician assistant employed in the service of the federal government while
performing duties incident to that employment; or

(3) technicians, other assistants, or employees of physicians who perform delegated
tasks in the office of a physician but who do not identify themselves as a physician assistant.

Sec. 66.

Minnesota Statutes 2014, section 147B.03, subdivision 1, is amended to read:

Subdivision 1.

NCCAOM requirements.

Unless a person is licensed under
section 147B.02, subdivision deleted text begin 5 ordeleted text end 6, each licensee is required to meet the NCCAOM
professional development activity requirements to maintain NCCAOM certification.
These requirements may be met through a board approved continuing education program.

Sec. 67.

Minnesota Statutes 2014, section 148.519, subdivision 1, is amended to read:

Subdivision 1.

Applications for licensure.

(a) An applicant for licensure must:

(1) submit a completed application for licensure on forms provided by the
commissioner. The application must include the applicant's name, certification number
under chapter 153A, if applicable, business address and telephone number, or home
address and telephone number if the applicant practices speech-language pathology or
audiology out of the home, and a description of the applicant's education, training, and
experience, including previous work history for the five years immediately preceding
the date of application. The commissioner may ask the applicant to provide additional
information necessary to clarify information submitted in the application; and

(2) submit documentation of the certificate of clinical competence issued by the
American Speech-Language-Hearing Association, board certification by the American
Board of Audiology, or satisfy the following requirements:

(i) submit a transcript showing the completion of a master's or doctoral degree or its
equivalent meeting the requirements of section 148.515, subdivision 2;

(ii) submit documentation of the required hours of supervised clinical training;

(iii) submit documentation of the postgraduate clinical or doctoral clinical experience
meeting the requirements of section 148.515, subdivision 4; and

(iv) submit documentation of receiving a qualifying score on an examination
meeting the requirements of section deleted text begin 148.515, subdivision 5deleted text end new text begin 153A.14, subdivision 2hnew text end .

(b) In addition, an applicant must:

(1) sign a statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief;

(2) submit with the application all fees required by section 148.5194; and

(3) sign a waiver authorizing the commissioner to obtain access to the applicant's
records in this or any other state in which the applicant has engaged in the practice of
speech-language pathology or audiology.

Sec. 68.

Minnesota Statutes 2014, section 148.741, is amended to read:

148.741 APPLICABILITY OF RULES.

Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists
and physical therapist assistants, except parts 5601.1300; deleted text begin 5601.1900;deleted text end 5601.2000;
5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only apply to physical therapists.

Sec. 69.

Minnesota Statutes 2015 Supplement, section 151.37, subdivision 2, is
amended to read:

Subd. 2.

Prescribing and filing.

(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and
may cause the same to be administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and supervision, and may cause a
person who is an appropriately certified, registered, or licensed health care professional
to prescribe, dispense, and administer the same within the expressed legal scope of the
person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by directing a licensed dietitian or
licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.

(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
and mortality.

(c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.

(d) A prescription drug order for the following drugs is not valid, unless it can be
established that the prescription drug order was based on a documented patient evaluation,
including an examination, adequate to establish a diagnosis and identify underlying
conditions and contraindications to treatment:

(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;

(2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7, 8, and 12;

(3) muscle relaxants;

(4) centrally acting analgesics with opioid activity;

(5) drugs containing butalbital; or

(6) phosphodiesterase type 5 inhibitors when used to treat erectile dysfunction.

(e) For the purposes of paragraph (d), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:

(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;

(2) the prescribing practitioner has performed a prior examination of the patient;

(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;

(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or

(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.

(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).

(g) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.

(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a community health board in order to prevent, mitigate,
or treat a pandemic illness, infectious disease outbreak, or intentional or accidental release
of a biological, chemical, or radiological agent.

(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (d).

(j) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision deleted text begin 2deleted text end new text begin 1new text end ,new text begin and located outside the statenew text end may dispense
a legend drug to a resident of this state based on a prescription that the pharmacist knows,
or would reasonably be expected to know, is not valid under paragraph (d).

(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
treatment of a communicable disease according to the Centers For Disease Control and
Prevention Partner Services Guidelines.

Sec. 70.

Minnesota Statutes 2014, section 153A.15, subdivision 1, is amended to read:

Subdivision 1.

Prohibited acts.

The commissioner may take enforcement action as
provided under subdivision 2 against a dispenser of hearing instruments for the following
acts and conduct:

(1) dispensing a hearing instrument to a minor person 18 years or younger unless
evaluated by an audiologist for hearing evaluation and hearing aid evaluation;

(2) being disciplined through a revocation, suspension, restriction, or limitation by
another state for conduct subject to action under this chapter;

(3) presenting advertising that is false or misleading;

(4) providing the commissioner with false or misleading statements of credentials,
training, or experience;

(5) engaging in conduct likely to deceive, defraud, or harm the public; or
demonstrating a willful or careless disregard for the health, welfare, or safety of a consumer;

(6) splitting fees or promising to pay a portion of a fee to any other professional
other than a fee for services rendered by the other professional to the client;

(7) engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
medical assistance laws;

(8) obtaining money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(9) performing the services of a certified hearing instrument dispenser in an
incompetent or negligent manner;

(10) failing to comply with the requirements of this chapter as an employer,
supervisor, or trainee;

(11) failing to provide information in a timely manner in response to a request by the
commissioner, commissioner's designee, or the advisory council;

(12) being convicted within the past five years of violating any laws of the United
States, or any state or territory of the United States, and the violation is a felony, gross
misdemeanor, or misdemeanor, an essential element of which relates to hearing instrument
dispensing, except as provided in chapter 364;

(13) failing to cooperate with the commissioner, the commissioner's designee, or
the advisory council in any investigation;

(14) failing to perform hearing instrument dispensing with reasonable judgment,
skill, or safety due to the use of alcohol or drugs, or other physical or mental impairment;

(15) failing to fully disclose actions taken against the applicant or the applicant's
legal authorization to dispense hearing instruments in this or another state;

(16) violating a state or federal court order or judgment, including a conciliation
court judgment, relating to the activities of the applicant in hearing instrument dispensing;

(17) having been or being disciplined by the commissioner of the Department of
Health, or other authority, in this or another jurisdiction, if any of the grounds for the
discipline are the same or substantially equivalent to those in sections 153A.13 to deleted text begin 153A.19
deleted text end new text begin 153A.18new text end ;

(18) misrepresenting the purpose of hearing tests, or in any way communicating that
the hearing test or hearing test protocol required by section 153A.14, subdivision 4b, is
a medical evaluation, a diagnostic hearing evaluation conducted by an audiologist, or is
other than a test to select a hearing instrument, except that the hearing instrument dispenser
can determine the need for or recommend the consumer obtain a medical evaluation
consistent with requirements of the United States Food and Drug Administration;

(19) violating any of the provisions of sections 148.5195, subdivision 3, clause (20);
148.5197; 148.5198; and 153A.13 to 153A.18; and

(20) aiding or abetting another person in violating any of the provisions of sections
148.5195, subdivision 3, clause (20); 148.5197; 148.5198; and 153A.13 to 153A.18.

Sec. 71.

Minnesota Statutes 2014, section 155A.23, subdivision 5a, is amended to read:

Subd. 5a.

Individual license.

"Individual license" means a license described in
section 155A.25, subdivision deleted text begin 1, paragraph (a), clauses (1) and (2)deleted text end new text begin 1a, paragraph (b),
clause (1)new text end .

Sec. 72.

Minnesota Statutes 2014, section 155A.355, subdivision 1, is amended to read:

Subdivision 1.

Single-use equipment and materials.

Single-use equipment,
implements, or materials that are made or constructed of paper, wood, or other porous
materials must only be used for one application or client service. Presence of used articles
in the work area is prima facie evidence of reuse. Failure to dispose of the materials in this
subdivision is punishable by penalty under section 155A.25, subdivision 1a, paragraph
deleted text begin (b)deleted text end new text begin (c)new text end , clause (7).

Sec. 73.

Minnesota Statutes 2014, section 155A.355, subdivision 2, is amended to read:

Subd. 2.

Skin-cutting equipment.

Razor-type callus shavers, rasps, or graters
designed and intended to cut growths of skin such as corns and calluses, including but
not limited to credo blades, are prohibited. Presence of these articles in the work area is
prima facie evidence of use and is punishable by penalty in section 155A.25, subdivision
1a, paragraph deleted text begin (b)deleted text end new text begin (c)new text end , clause (8).

Sec. 74.

Minnesota Statutes 2014, section 174.06, subdivision 2, is amended to read:

Subd. 2.

Department of Aeronautics.

All powers, duties, and functions heretofore
vested in or imposed on the commissioner of aeronautics or the Department of Aeronautics
by sections 360.011 to 360.076, deleted text begin 360.301deleted text end new text begin 360.305 new text end to 360.73, 360.81 to 360.91 or any other
law relating to the duties and powers of the commissioner of aeronautics are transferred
to, vested in, and imposed on the commissioner of transportation. The position of the
commissioner of aeronautics and the Department of Aeronautics as heretofore constituted
are abolished.

Sec. 75.

Minnesota Statutes 2014, section 176.105, subdivision 4, is amended to read:

Subd. 4.

Legislative intent; rules; loss of more than one body part.

(a) For the
purpose of establishing a disability schedule, the legislature declares its intent that the
commissioner establish a disability schedule which shall be determined by sound actuarial
evaluation and shall be based on the benefit level which exists on January 1, 1983.

(b) The commissioner shall by rulemaking adopt procedures setting forth rules
for the evaluation and rating of functional disability and the schedule for permanent
partial disability and to determine the percentage of loss of function of a part of the body
based on the body as a whole, including internal organsdeleted text begin , described in section 176.101,
subdivision 3,deleted text end and any other body part deleted text begin not listed in section 176.101, subdivision 3,deleted text end which
the commissioner deems appropriate.

(c) The rules shall promote objectivity and consistency in the evaluation of
permanent functional impairment due to personal injury and in the assignment of a
numerical rating to the functional impairment.

(d) Prior to adoption of rules the commissioner shall conduct an analysis of the
current permanent partial disability schedule for the purpose of determining the number
and distribution of permanent partial disabilities and the average compensation for various
permanent partial disabilities. The commissioner shall consider setting the compensation
under the proposed schedule for the most serious conditions higher in comparison to the
current schedule and shall consider decreasing awards for minor conditions in comparison
to the current schedule.

(e) The commissioner may consider, among other factors, and shall not be limited
to the following factors in developing rules for the evaluation and rating of functional
disability and the schedule for permanent partial disability benefits:

(1) the workability and simplicity of the procedures with respect to the evaluation
of functional disability;

(2) the consistency of the procedures with accepted medical standards;

(3) rules, guidelines, and schedules that exist in other states that are related to the
evaluation of permanent partial disability or to a schedule of benefits for functional
disability provided that the commissioner is not bound by the degree of disability in
these sources but shall adjust the relative degree of disability to conform to the expressed
intent of this section;

(4) rules, guidelines, and schedules that have been developed by associations of
health care providers or organizations provided that the commissioner is not bound by the
degree of disability in these sources but shall adjust the relative degree of disability to
conform to the expressed intent of this section;

(5) the effect the rules may have on reducing litigation;

(6) the treatment of preexisting disabilities with respect to the evaluation of
permanent functional disability provided that any preexisting disabilities must be
objectively determined by medical evidence; and

(7) symptomatology and loss of function and use of the injured member.

The factors in clauses (1) to (7) shall not be used in any individual or specific
workers' compensation claim under this chapter but shall be used only in the adoption
of rules pursuant to this section.

Nothing listed in clauses (1) to (7) shall be used to dispute or challenge a disability
rating given to a part of the body so long as the whole schedule conforms with the
expressed intent of this section.

(f) If an employee suffers a permanent functional disability of more than one body
part due to a personal injury incurred in a single occurrence, the percent of the whole body
which is permanently partially disabled shall be determined by the following formula so
as to ensure that the percentage for all functional disability combined does not exceed the
total for the whole body:

A + B (1 - A)

where: A is the greater percentage whole body loss of the first body part; and B is
the lesser percentage whole body loss otherwise payable for the second body part. A + B
(1-A) is equivalent to A + B - AB.

For permanent partial disabilities to three body parts due to a single occurrence or as
the result of an occupational disease, the above formula shall be applied, providing that
A equals the result obtained from application of the formula to the first two body parts
and B equals the percentage for the third body part. For permanent partial disability to
four or more body parts incurred as described above, A equals the result obtained from
the prior application of the formula, and B equals the percentage for the fourth body
part or more in arithmetic progressions.

Sec. 76.

Minnesota Statutes 2015 Supplement, section 200.02, subdivision 23, is
amended to read:

Subd. 23.

Minor political party.

(a) "Minor political party" means a political party
that has adopted a state constitution, designated a state party chair, held a state convention
in the last two years, filed with the secretary of state no later than December 31 following
the most recent state general election a certification that the party has met the foregoing
requirements, and met the requirements of paragraph (b) or (e), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must
have presented at least one candidate deleted text begin for election to the office ofdeleted text end :

(1) new text begin for election to the office of new text end governor and lieutenant governor, secretary of state,
state auditor, or attorney general, at the last preceding state general election for those
offices; or

(2) new text begin for election to the office of new text end presidential elector or U.S. senator at the preceding
state general election for presidential electors; and

(3) who received votes in each county that in the aggregate equal at least one percent
of the total number of individuals who voted in the election, or its members must have
presented to the secretary of state at any time before the close of filing for the state
partisan primary ballot a nominating petition in a form prescribed by the secretary of state
containing the valid signatures of party members in a number equal to at least one percent
of the total number of individuals who voted in the preceding state general election. A
signature is valid only if signed no more than one year prior to the date the petition was filed.

(c) A political party whose candidate receives a sufficient number of votes at a
state general election described in paragraph (b) becomes a minor political party as of
January 1 following that election and retains its minor party status for at least two state
general elections even if the party fails to present a candidate who receives the number
and percentage of votes required under paragraph (b) at subsequent state general elections.

(d) A minor political party whose candidates fail to receive the number and
percentage of votes required under paragraph (b) at each of two consecutive state general
elections described by paragraph (b) loses minor party status as of December 31 following
the later of the two consecutive state general elections.

(e) A minor party that qualifies to be a major party loses its status as a minor party
at the time it becomes a major party. Votes received by the candidates of a major party
must be counted in determining whether the party received sufficient votes to qualify as a
minor party, notwithstanding that the party does not receive sufficient votes to retain its
major party status. To be considered a minor party in an election in a legislative district,
the political party must have presented at least one candidate for a legislative office in that
district who received votes from at least ten percent of the total number of individuals
who voted for that office, or its members must have presented to the secretary of state a
nominating petition in a form prescribed by the secretary of state containing the valid
signatures of party members in a number equal to at least ten percent of the total number of
individuals who voted in the preceding state general election for that legislative office. A
signature is valid only if signed no more than one year prior to the date the petition was filed.

Sec. 77.

Minnesota Statutes 2014, section 201.225, subdivision 2, is amended to read:

Subd. 2.

Technology requirements.

An electronic roster must:

(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;

(2) allow for data to be exported in a file format prescribed by the secretary of state;

(3) allow for data to be entered manually or by scanning a Minnesota driver's license
or identification card to locate a voter record or populate a voter registration application
that would be printed and signed and dated by the voter. The printed registration
application can be either a printed form, labels printed with voter information to be affixed
to a preprinted form, or a combination of both;

(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;

(5) cue an election judge to ask for and input data that is not populated from a
scanned driver's license or identification card that is otherwise required to be collected
from the voter or an election judge;

(6) immediately alert the election judge if the voter has provided information that
indicates that the voter is not eligible to vote;

(7) immediately alert the election judge if the electronic roster indicates that a voter
has already voted in that precinct, the voter's registration status is challenged, or it appears
the voter resides in a different precinct;

(8) provide immediate instructions on how to resolve a particular type of challenge
when a voter's record is challenged;

(9) provide for a printed voter signature certificate, containing the voter's name,
address of residence, date of birth, voter identification number, the oath required by
section 204C.10, and a space for the voter's original signature. The printed voter signature
certificate can be either a printed form or a label printed with the voter's information
to be affixed to the oath;

(10) contain only preregistered voters within the precinct, and not contain
preregistered voter data on voters registered outside of the precinct;

(11) be only networked within the polling location on election day, except for the
purpose of updating absentee ballot records;

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with new text begin the Office of new text end MN.ITnew text begin Servicesnew text end ;

(13) be capable of providing a voter's correct polling place; and

(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.

Electronic rosters used only for election day registration do not need to comply with
clauses (1), (8), and (10). Electronic rosters used only for preregistered voter processing
do not need to comply with clauses (4) and (5).

Sec. 78.

Minnesota Statutes 2014, section 221.025, is amended to read:

221.025 EXEMPTIONS.

The provisions of this chapter requiring a certificate or permit to operate as a motor
carrier do not apply to the intrastate transportation described below:

(1) the transportation of students to or from school or school activities in a school
bus inspected and certified under section 169.451 and the transportation of children or
parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
and certified under section 169.451;

(2) the transportation of solid waste, as defined in section 116.06, subdivision 22,
including recyclable materials and waste tires, except that the term "hazardous waste" has
the meaning given it in section 221.012, subdivision 18;

(3) a commuter van as defined in section 221.012, subdivision 9;

(4) authorized emergency vehicles as defined in section 169.011, subdivision 3,
including ambulances; and tow trucks equipped with proper and legal warning devices
when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
towed or transported under a towing order issued by a public employee authorized to
issue a towing order;

(5) the transportation of grain samples under conditions prescribed by the
commissioner;

(6) the delivery of agricultural lime;

(7) the transportation of dirt and sod within an area having a 50-mile radius from the
home post office of the person performing the transportation;

(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
crushed rock to or from the point of loading or a place of gathering within an area having a
50-mile radius from that person's home post office or a 50-mile radius from the site of
construction or maintenance of public roads and streets;

(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
evergreens, wood chips, sawdust, shavings, and bark from the place where the products
are produced to the point where they are to be used or shipped;

(10) the transportation of fresh vegetables from farms to canneries or viner stations,
from viner stations to canneries, or from canneries to canneries during the harvesting,
canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
field of production to the first place of delivery or unloading, including a processing
plant, warehouse, or railroad siding;

(11) the transportation of unprocessed dairy products in bulk within an area having a
100-mile radius from the home post office of the person providing the transportation;

(12) the transportation of agricultural, horticultural, dairy, livestock, or other farm
products within an area having a 100-mile radius from the person's home post office and
the carrier may transport other commodities within the 100-mile radius if the destination
of each haul is a farm;

(13) the transportation of newspapers, deleted text begin as defined in section 331A.01, subdivision
5,deleted text end telephone books, handbills, circulars, or pamphlets in a vehicle with a gross vehicle
weight of 10,000 pounds or less; and

(14) transportation of potatoes from the field of production, or a storage site owned
or otherwise controlled by the producer, to the first place of processing.

The exemptions provided in this section apply to a person only while the person is
exclusively engaged in exempt transportation.

Sec. 79.

Minnesota Statutes 2014, section 239.7911, subdivision 2, is amended to read:

Subd. 2.

Promotion of renewable liquid fuels.

(a) The commissioner of agriculture,
in consultation with the commissioners of commerce and the Pollution Control Agency,
shall identify and implement activities necessary to achieve the goals in subdivision
1. Beginning November 1, 2005, and continuing through 2015, the commissioners,
or their designees, shall convene a task force pursuant to section 15.014 that includes
representatives from the renewable fuels industry, petroleum retailers, refiners, automakers,
small engine manufacturers, and other interested groups. The task force shall assist the
commissioners in carrying out the activities in paragraph (b) and eliminating barriers to the
use of greater biofuel blends in this state. The task force must coordinate efforts with deleted text begin the
NextGen Energy Board,deleted text end the biodiesel task forcedeleted text begin ,deleted text end and the Renewable Energy Roundtable
and develop annual recommendations for administrative and legislative action.

(b) The activities of the commissioners under this subdivision shall include, but not
be limited to:

(1) developing recommendations for specific, cost-effective incentives necessary
to expedite the use of greater biofuel blends in this state including, but not limited to,
incentives for retailers to install equipment necessary to dispense renewable liquid fuels
to the public;

(2) expanding the renewable-fuel options available to Minnesota consumers
by obtaining federal approval for the use of additional blends that contain a greater
percentage of biofuel;

(3) developing recommendations to ensure that motor vehicles and small engine
equipment have access to an adequate supply of fuel;

(4) working with the owners and operators of large corporate automotive fleets in the
state to increase their use of renewable fuels;

(5) working to maintain an affordable retail price for liquid fuels;

(6) facilitating the production and use of advanced biofuels in this state; and

(7) developing procedures for reporting the amount and type of biofuel under
subdivision 1 and section 239.791, subdivision 1, paragraph (c).

Sec. 80.

Minnesota Statutes 2014, section 241.021, subdivision 4a, is amended to read:

Subd. 4a.

Chemical dependency treatment programs.

All residential chemical
dependency treatment programs operated by the commissioner of corrections to treat
adults committed to the commissioner's custody shall comply with the standards mandated
in Minnesota Rules, parts deleted text begin 9530.4100 to 9530.6500deleted text end new text begin 9530.6405 to 9530.6505new text end , or successor
rule parts, for treatment programs operated by community-based treatment facilities.
When the commissioners of corrections and human services agree that these established
standards for community-based programs cannot reasonably apply to correctional
facilities, alternative equivalent standards shall be developed by the commissioners and
established through an interagency agreement.

Sec. 81.

Minnesota Statutes 2014, section 245.466, subdivision 7, is amended to read:

Subd. 7.

IMD downsizing flexibility.

deleted text begin (a)deleted text end If a county presents a budget-neutral
plan for a net reduction in the number of institution for mental disease (IMD) beds
funded under group residential housing, the commissioner may transfer the net savings
from group residential housing and general assistance medical care to medical assistance
and mental health grants to provide appropriate services in non-IMD settings. For the
purposes of this subdivision, "a budget neutral plan" means a plan that does not increase
the state share of costs.

deleted text begin (b) The provisions of paragraph (a) do not apply to a facility that has its
reimbursement rate established under section 256B.431, subdivision 4, paragraph (c).
deleted text end

Sec. 82.

Minnesota Statutes 2015 Supplement, section 245.4661, subdivision 9,
is amended to read:

Subd. 9.

Services and programs.

(a) The following three distinct grant programs
are funded under this section:

(1) mental health crisis services;

(2) housing with supports for adults with serious mental illness; and

(3) projects for assistance in transitioning from homelessness (PATH program).

(b) In addition, the following are eligible for grant funds:

(1) community education and prevention;

(2) client outreach;

(3) early identification and intervention;

(4) adult outpatient diagnostic assessment and psychological testing;

(5) peer support services;

(6) community support program services (CSP);

(7) adult residential crisis stabilization;

(8) supported employment;

(9) assertive community treatment (ACT);

(10) housing subsidies;

(11) basic living, social skills, and community intervention;

(12) emergency response services;

(13) adult outpatient psychotherapy;

(14) adult outpatient medication management;

(15) adult mobile crisis services;

(16) adult day treatment;

(17) partial hospitalization;

(18) adult residential treatment;

(19) adult mental health targeted case management;

(20) intensive community deleted text begin residentialdeleted text end new text begin rehabilitativenew text end services (ICRS); and

(21) transportation.

Sec. 83.

Minnesota Statutes 2014, section 245.4871, subdivision 32, is amended to read:

Subd. 32.

Residential treatment.

"Residential treatment" means a 24-hour-a-day
program under the clinical supervision of a mental health professional, in a community
residential setting other than an acute care hospital or regional treatment center inpatient
unit, that must be licensed as a residential treatment program for children with emotional
disturbances under Minnesota Rules, deleted text begin parts 9545.0900 to 9545.1090deleted text end new text begin chapter 2960new text end , or
other rules adopted by the commissioner.

Sec. 84.

Minnesota Statutes 2014, section 245.826, is amended to read:

245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN
FACILITIES SERVING EMOTIONALLY DISTURBED CHILDREN.

When amending rules governing facilities serving emotionally disturbed children
that are licensed under section 245A.09 and Minnesota Rules, deleted text begin parts 9545.0900 to
9545.1090, and 9545.1400 to 9545.1500deleted text end new text begin chapter 2960new text end , the commissioner of human
services shall include provisions governing the use of restrictive techniques and
procedures. No provision of these rules may encourage or require the use of restrictive
techniques and procedures. The rules must prohibit: (1) the application of certain
restrictive techniques or procedures in facilities, except as authorized in the child's case
plan and monitored by the county caseworker responsible for the child; (2) the use of
restrictive techniques or procedures that restrict the clients' normal access to nutritious
diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene
facilities, normal sleeping conditions, and necessary clothing; and (3) the use of corporal
punishment. The rule may specify other restrictive techniques and procedures and the
specific conditions under which permitted techniques and procedures are to be carried out.

Sec. 85.

Minnesota Statutes 2014, section 245.94, subdivision 1, is amended to read:

Subdivision 1.

Powers.

(a) The ombudsman may prescribe the methods by which
complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
not levy a complaint fee.

(b) The ombudsman may mediate or advocate on behalf of a client.

(c) The ombudsman may investigate the quality of services provided to clients and
determine the extent to which quality assurance mechanisms within state and county
government work to promote the health, safety, and welfare of clients, other than clients
in acute care facilities who are receiving services not paid for by public funds. The
ombudsman is a health oversight agency as defined in Code of Federal Regulations,
title 45, section 164.501.

(d) At the request of a client, or upon receiving a complaint or other information
affording reasonable grounds to believe that the rights of a client who is not capable
of requesting assistance have been adversely affected, the ombudsman may gather
information and data about and analyze, on behalf of the client, the actions of an agency,
facility, or program.

(e) The ombudsman may gather, on behalf of a client, records of an agency, facility,
or program if the records relate to a matter that is within the scope of the ombudsman's
authority. If the records are private and the client is capable of providing consent, the
ombudsman shall first obtain the client's consent. The ombudsman is not required to
obtain consent for access to private data on clients with developmental disabilities. The
ombudsman is not required to obtain consent for access to private data on decedents
who were receiving services for mental illness, developmental disabilities, or emotional
disturbance. All data collected, created, received, or maintained by the ombudsman are
governed by chapter 13 and other applicable law.

(f) Notwithstanding any law to the contrary, the ombudsman may subpoena a person
to appear, give testimony, or produce documents or other evidence that the ombudsman
considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
of an investigation possesses the same privileges that a witness possesses in the courts or
under the law of this state. Data obtained from a person under this paragraph are private
data as defined in section 13.02, subdivision 12.

(g) The ombudsman may, at reasonable times in the course of conducting a review,
enter and view premises within the control of an agency, facility, or program.

(h) The ombudsman may attend Department of Human Services Review Board and
Special Review Board proceedings; proceedings regarding the transfer of deleted text begin patients or
residentsdeleted text end new text begin clientsnew text end , as defined in section 246.50, deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 4 deleted text begin and 4adeleted text end , between
institutions operated by the Department of Human Services; and, subject to the consent of
the affected client, other proceedings affecting the rights of clients. The ombudsman is not
required to obtain consent to attend meetings or proceedings and have access to private
data on clients with developmental disabilities.

(i) The ombudsman shall gather data of agencies, facilities, or programs classified
as private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding
services provided to clients with developmental disabilities.

(j) To avoid duplication and preserve evidence, the ombudsman shall inform
relevant licensing or regulatory officials before undertaking a review of an action of
the facility or program.

(k) Sections 245.91 to 245.97 are in addition to other provisions of law under which
any other remedy or right is provided.

Sec. 86.

Minnesota Statutes 2015 Supplement, section 245A.02, subdivision 21,
is amended to read:

Subd. 21.

Monthly.

"Monthly" means at least once every calendar month, for the
purposes of chemical dependency treatment programs licensed under Minnesota Rules,
parts deleted text begin 9430.6405deleted text end new text begin 9530.6405new text end to 9530.6505.

Sec. 87.

Minnesota Statutes 2014, section 245A.03, subdivision 2a, is amended to read:

Subd. 2a.

Foster care by an individual who is related to a child; license required.

Notwithstanding subdivision 2, new text begin paragraph (a), new text end clause (1), in order to provide foster care
for a child, an individual who is related to the child, other than a parent, or legal guardian,
must be licensed by the commissioner except as provided by section 245A.035.

Sec. 88.

Minnesota Statutes 2014, section 245A.03, subdivision 2b, is amended to read:

Subd. 2b.

Exception.

The provision in subdivision 2, new text begin paragraph (a), new text end clause (2),
does not apply to:

(1) a child care provider who as an applicant for licensure or as a license holder
has received a license denial under section 245A.05, a conditional license under section
245A.06, or a sanction under section 245A.07 from the commissioner that has not been
reversed on appeal; or

(2) a child care provider, or a child care provider who has a household member
who, as a result of a licensing process, has a disqualification under this chapter that has
not been set aside by the commissioner.

Sec. 89.

Minnesota Statutes 2014, section 245A.03, subdivision 4, is amended to read:

Subd. 4.

Excluded child care programs; right to seek licensure.

Nothing in
this section shall prohibit a child care program that is excluded from licensure under
subdivision 2,new text begin paragraph (a),new text end clause (2), or under Laws 1997, chapter 248, section 46,
as amended by Laws 1997, First Special Session chapter 5, section 10, from seeking a
license under this chapter. The commissioner shall ensure that any application received
from such an excluded provider is processed in the same manner as all other applications
for licensed family day care.

Sec. 90.

Minnesota Statutes 2014, section 245A.03, subdivision 5, is amended to read:

Subd. 5.

Excluded housing with services programs; right to seek licensure.

Nothing in this section shall prohibit a housing with services program that is excluded
from licensure under subdivision 2, new text begin paragraph (a), new text end clause (25), from seeking a license
under this chapter. The commissioner shall ensure that any application received from
such an excluded provider is processed in the same manner as all other applications for
licensed adult foster care.

Sec. 91.

Minnesota Statutes 2014, section 245A.03, subdivision 6, is amended to read:

Subd. 6.

Right to seek certification.

Nothing in this section shall prohibit a
residential program licensed by the commissioner of corrections to serve children, that
is excluded from licensure under subdivision 2, new text begin paragraph (a), new text end clause (10), from seeking
certification from the commissioner of human services under this chapter for program
services for which certification standards have been adopted.

Sec. 92.

Minnesota Statutes 2014, section 245A.14, subdivision 10, is amended to read:

Subd. 10.

Portable wading pools; family day care and group family day care
providers.

A portable wading pool as defined in section 144.1222 may not be used by
a child at a family day care or group family day care home or at a home at which child
care services are provided under section 245A.03, subdivision 2, new text begin paragraph (a), new text end clause (2),
unless the parent or legal guardian of the child has provided written consent. The written
consent shall include a statement that the parent or legal guardian has received and read
material provided by the Department of Health to the Department of Human Services for
distribution to all family day care or group family day care homes and the general public
on the human services Internet Web site related to the risk of disease transmission as well
as other health risks associated with the use of portable wading pools.

Sec. 93.

Minnesota Statutes 2014, section 245D.06, subdivision 6, is amended to read:

Subd. 6.

Restricted procedures.

(a) The following procedures are allowed when
the procedures are implemented in compliance with the standards governing their use as
identified in clauses (1) to (3). Allowed but restricted procedures include:

(1) permitted actions and procedures subject to the requirements in subdivision 7;

(2) procedures identified in a positive support transition plan subject to the
requirements in subdivision 8; or

(3) emergency use of manual restraint subject to the requirements in section
245D.061.

deleted text begin For purposes of this chapter, this section supersedes the requirements identified in
Minnesota Rules, part 9525.2740.
deleted text end

(b) A restricted procedure identified in paragraph (a) must not:

(1) be implemented with a child in a manner that constitutes sexual abuse, neglect,
physical abuse, or mental injury, as defined in section 626.556, subdivision 2;

(2) be implemented with an adult in a manner that constitutes abuse or neglect as
defined in section 626.5572, subdivision 2 or 17;

(3) be implemented in a manner that violates a person's rights identified in section
245D.04;

(4) restrict a person's normal access to a nutritious diet, drinking water, adequate
ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping
conditions, necessary clothing, or any protection required by state licensing standards or
federal regulations governing the program;

(5) deny the person visitation or ordinary contact with legal counsel, a legal
representative, or next of kin;

(6) be used for the convenience of staff, as punishment, as a substitute for adequate
staffing, or as a consequence if the person refuses to participate in the treatment or services
provided by the program;

(7) use prone restraint. For purposes of this section, "prone restraint" means use
of manual restraint that places a person in a face-down position. Prone restraint does
not include brief physical holding of a person who, during an emergency use of manual
restraint, rolls into a prone position, if the person is restored to a standing, sitting, or
side-lying position as quickly as possible;

(8) apply back or chest pressure while a person is in a prone position as identified in
clause (7), supine position, or side-lying position; or

(9) be implemented in a manner that is contraindicated for any of the person's known
medical or psychological limitations.

Sec. 94.

Minnesota Statutes 2015 Supplement, section 245D.06, subdivision 7, is
amended to read:

Subd. 7.

Permitted actions and procedures.

(a) Use of the instructional techniques
and intervention procedures as identified in paragraphs (b) and (c) is permitted when used
on an intermittent or continuous basis. When used on a continuous basis, it must be
addressed in a person's coordinated service and support plan addendum as identified in
sections 245D.07 and 245D.071. deleted text begin For purposes of this chapter, the requirements of this
subdivision supersede the requirements identified in Minnesota Rules, part 9525.2720.
deleted text end

(b) Physical contact or instructional techniques must use the least restrictive
alternative possible to meet the needs of the person and may be used:

(1) to calm or comfort a person by holding that person with no resistance from
that person;

(2) to protect a person known to be at risk of injury due to frequent falls as a result
of a medical condition;

(3) to facilitate the person's completion of a task or response when the person does
not resist or the person's resistance is minimal in intensity and duration;

(4) to block or redirect a person's limbs or body without holding the person or
limiting the person's movement to interrupt the person's behavior that may result in injury
to self or others with less than 60 seconds of physical contact by staff; or

(5) to redirect a person's behavior when the behavior does not pose a serious threat
to the person or others and the behavior is effectively redirected with less than 60 seconds
of physical contact by staff.

(1) allow a licensed health care professional to safely conduct a medical examination
or to provide medical treatment ordered by a licensed health care professional;

(2) assist in the safe evacuation or redirection of a person in the event of an
emergency and the person is at imminent risk of harm; or

(3) position a person with physical disabilities in a manner specified in the person's
coordinated service and support plan addendum.

Any use of manual restraint as allowed in this paragraph must comply with the restrictions
identified in subdivision 6, paragraph (b).

(d) Use of adaptive aids or equipment, orthotic devices, or other medical equipment
ordered by a licensed health professional to treat a diagnosed medical condition do not in
and of themselves constitute the use of mechanical restraint.

Sec. 95.

Minnesota Statutes 2014, section 245D.06, subdivision 8, is amended to read:

Subd. 8.

Positive support transition plan.

(a) License holders must develop
a positive support transition plan on the forms and in the manner prescribed by the
commissioner for a person who requires intervention in order to maintain safety when it is
known that the person's behavior poses an immediate risk of physical harm to self or others.
deleted text begin The positive support transition plan forms and instructions will supersede the requirements
in Minnesota Rules, parts 9525.2750; 9525.2760; and 9525.2780.deleted text end The positive support
transition plan must phase out any existing plans for the emergency or programmatic use
of restrictive interventions prohibited under this chapter within the following timelines:

(1) for persons receiving services from the license holder before January 1, 2014,
the plan must be developed and implemented by February 1, 2014, and phased out no
later than December 31, 2014; and

(2) for persons admitted to the program on or after January 1, 2014, the plan must be
developed and implemented within 30 calendar days of service initiation and phased out
no later than 11 months from the date of plan implementation.

(b) The commissioner has limited authority to grant approval for the emergency use
of procedures identified in subdivision 6 that had been part of an approved positive support
transition plan when a person is at imminent risk of serious injury as defined in section
245.91, subdivision 6, due to self-injurious behavior and the following conditions are met:

(1) the person's expanded support team approves the emergency use of the
procedures; and

(2) the interim review panel established in section 245.8251, subdivision 4,
recommends commissioner approval of the emergency use of the procedures.

(c) Written requests for the emergency use of the procedures must be developed
and submitted to the commissioner by the designated coordinator with input from the
person's expanded support team in accordance with the requirements set by the interim
review panel, in addition to the following:

(1) a copy of the person's current positive support transition plan and copies of
each positive support transition plan review containing data on the progress of the plan
from the previous year;

(2) documentation of a good faith effort to eliminate the use of the procedures that
had been part of an approved positive support transition plan;

(3) justification for the continued use of the procedures that identifies the imminent
risk of serious injury due to the person's self-injurious behavior if the procedures were
eliminated;

(4) documentation of the clinicians consulted in creating and maintaining the
positive support transition plan; and

(5) documentation of the expanded support team's approval and the recommendation
from the interim panel required under paragraph (b).

(d) A copy of the written request, supporting documentation, and the commissioner's
final determination on the request must be maintained in the person's service recipient
record.

Sec. 96.

Minnesota Statutes 2015 Supplement, section 245D.061, subdivision 1,
is amended to read:

Subdivision 1.

Standards for emergency use of manual restraints.

The license
holder must ensure that emergency use of manual restraints complies with the requirements
of this chapter and the license holder's policy and procedures as required under subdivision
9. deleted text begin For the purposes of persons receiving services governed by this chapter, this section
supersedes the requirements identified in Minnesota Rules, part 9525.2770.
deleted text end

Sec. 97.

Minnesota Statutes 2015 Supplement, section 246.18, subdivision 8, is
amended to read:

Subd. 8.

State-operated services account.

(a) The state-operated services account is
established in the special revenue fund. Revenue generated by new state-operated services
listed under this section established after July 1, 2010, that are not enterprise activities must
be deposited into the state-operated services account, unless otherwise specified in law:

(1) intensive residential treatment services;

(2) foster care services; and

(3) psychiatric extensive recovery treatment services.

(b) Funds deposited in the state-operated services account are appropriated to the
commissioner of human services for the purposes of:

(1) providing services needed to transition individuals from institutional settings
within state-operated services to the community when those services have no other
adequate funding source; and

(2) deleted text begin to funddeleted text end new text begin fundingnew text end the operation of the intensive residential treatment service
program in Willmar.

Sec. 98.

Minnesota Statutes 2014, section 252.28, subdivision 3, is amended to read:

Subd. 3.

Licensing determinations.

(a) No new license shall be granted pursuant
to this section when the issuance of the license would substantially contribute to an
excessive concentration of community residential facilities within any town, municipality
or county of the state.

(b) In determining whether a license shall be issued pursuant to this subdivision,
the commissioner of human services shall specifically consider the population, size, land
use plan, availability of community services and the number and size of existing public
and private community residential facilities in the town, municipality or county in which
a licensee seeks to operate a residence. Under no circumstances may the commissioner
newly license any facility pursuant to this section except as provided in section 245A.11.
The commissioner of human services shall establish uniform rules to implement the
provisions of this subdivision.

(d) No new license shall be granted for a residential program that provides home
and community-based waivered services to more than four individuals at a site, except as
authorized by the commissioner for emergency situations that would result in the placement
of individuals into regional treatment centers. Such licenses shall not exceed 24 months.

(e) The commissioner shall not approve a determination of need application that
requests that an existing residential program license under deleted text begin Minnesota Rules, parts
9525.0215 to 9525.0355deleted text end new text begin chapter 245D new text end be modified in a manner that would result in the
issuance of two or more licenses for the same residential program at the same location.

Sec. 99.

Minnesota Statutes 2014, section 252.451, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purposes of this section, "qualified business"
means a business that employs primarily nondisabled persons and will employ persons
with developmental disabilities. For purposes of this section, licensed providers of
residential services for persons with developmental disabilities are not a qualified
business. A qualified business and its employees are exempt from Minnesota Rules, parts
deleted text begin 9525.1500 to 9525.1690 anddeleted text end 9525.1800 to 9525.1930.

Sec. 100.

Minnesota Statutes 2014, section 253B.064, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) An interested person may apply to the designated
agency for early intervention of a proposed patient in the county of financial responsibility
or the county where the patient is present. If the designated agency determines that early
intervention may be appropriate, a prepetition screening report must be prepared pursuant
to section 253B.07, subdivision 1. The county attorney may file a petition for early
intervention following the procedures of section 253B.07, subdivision 2.

(b) The proposed patient is entitled to representation by counsel, pursuant to section
deleted text begin 253B.03, subdivision 9deleted text end new text begin 253B.07, subdivision 2cnew text end . The proposed patient shall be examined
by an examiner, and has the right to a second independent examiner, pursuant to section
253B.07, subdivisions 3 and 5.

Sec. 101.

Minnesota Statutes 2014, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section deleted text begin 253D.08deleted text end new text begin 253D.02new text end , subdivision 8, paragraph (b), regardless of whether
they are sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime
the behavior for which forms the basis for a commitment under this section or chapter
253D; and

(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or chapter 253D that an act or acts
constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section or
chapter 253D shall make a reasonable effort to provide prompt notice of filing the petition to
any victim of a crime for which the person was convicted. In addition, the county attorney
shall make a reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the medical director, special review
board, or commissioner with respect to the person. To the extent possible, the notice
must be provided at least 14 days before any special review board hearing or before
a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
commissioner shall provide the judicial appeal panel with victim information in order to
comply with the provisions of this section. The judicial appeal panel shall ensure that the
data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred.
A request for notice under this subdivision received by the commissioner of corrections
through the Department of Corrections electronic victim notification system shall be
promptly forwarded to the prosecutorial authority with jurisdiction over the offense to
which the notice relates or, following commitment, the head of the treatment facility. A
county attorney who receives a request for notification under this paragraph following
commitment shall promptly forward the request to the commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
253D.14.

Sec. 102.

Minnesota Statutes 2014, section 253C.01, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "residential program" means
(1) a hospital-based primary treatment program that provides residential treatment to
minors with emotional disturbance as defined by the Comprehensive Children's Mental
Health Act in sections 245.487 to 245.4889, or (2) a facility licensed by the state under
Minnesota Rules, deleted text begin parts 9545.0900 to 9545.1090deleted text end new text begin chapter 2960new text end , to provide services to
minors on a 24-hour basis.

Sec. 103.

Minnesota Statutes 2014, section 256.01, subdivision 2, is amended to read:

Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision
2, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (bb):

(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to persons with disabilities,
including persons who have vision impairments, and persons who are deaf, deafblind, and
hard-of-hearing or with other disabilities. The commissioner may provide and contract for
the care and treatment of qualified indigent children in facilities other than those located and
available at state hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programs or tribal social services, unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representative, tribal governing body, or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.

(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.

(l) Have the authority to conduct and administer experimental projects to test methods
and procedures of administering assistance and services to recipients or potential recipients
of public welfare. To carry out such experimental projects, it is further provided that the
commissioner of human services is authorized to waive the enforcement of existing specific
statutory program requirements, rules, and standards in one or more counties. The order
establishing the waiver shall provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
in no event shall the duration of a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the provisions of this section
shall become effective until the following conditions have been met:

(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.

deleted text begin (p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.
deleted text end

(q) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).

(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample in direct
proportion to each county's claim for that period.

(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.

(t) 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.

(u) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.

(v) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(w) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.

(x) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(y) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.

(z) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.

(aa) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.

(bb) Designate the agencies that operate the Senior LinkAge Line under section
256.975, subdivision 7, and the Disability Linkage Line under subdivision 24 as the
state of Minnesota Aging and Disability Resource Center under United States Code, title
42, section 3001, the Older Americans Act Amendments of 2006, and incorporate cost
reimbursement claims from the designated centers into the federal cost reimbursement
claiming processes of the department according to federal law, rule, and regulations. Any
reimbursement must be appropriated to the commissioner and treated consistent with
section 256.011. All Aging and Disability Resource Center designated agencies shall
receive payments of grant funding that supports the activity and generates the federal
financial participation according to Board on Aging administrative granting mechanisms.

Sec. 104.

Minnesota Statutes 2014, section 256.01, subdivision 39, is amended to read:

Subd. 39.

Dedicated funds report.

By October 1, 2014, and with each February
forecast thereafter, the commissioner of human services must provide to the chairs and
ranking minority members of the house of representatives and senate committees with
jurisdiction over health and human services finance a report of all dedicated funds
and accounts. The report must include the name of the dedicated fund or account; a
description of its purpose, and the legal citation for its creation; the beginning balance,
projected receipts, and expenditures; and the ending balance for each fund and account.
deleted text begin This subdivision shall not expire.
deleted text end

Sec. 105.

Minnesota Statutes 2014, section 256.045, subdivision 3b, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human
services judge shall affirm the proposed disqualification in an appeal under subdivision 3,
paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in
section 245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.556 or 626.557, for incidents
in which the final disposition under section 626.556 or 626.557 was substantiated
maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of
section 245C.22, and whether the disqualification should be set aside or not set aside.
In determining whether the disqualification should be set aside, the human services
judge shall consider all of the characteristics that cause the individual to be disqualified,
including those characteristics that were not subject to review under paragraph (a), in
order to determine whether the individual poses a risk of harm. A decision to set aside
a disqualification that is the subject of the hearing constitutes a determination that the
individual does not pose a risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any
reason under section 245C.29, the disqualified individual does not have a right to a
hearing under this section.

(d) The state human services judge shall recommend an order to the commissioner
of health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal
under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to deleted text begin 144A.46
deleted text end new text begin 144A.482new text end , the commissioner's determination as to maltreatment is conclusive, as provided
under section 245C.29.

Sec. 106.

Minnesota Statutes 2014, section 256.997, subdivision 4, is amended to read:

Subd. 4.

Injury protection for work experience participants.

(a) This subdivision
applies to payment of any claims resulting from an alleged injury or death of a child
support obligor participating in a community work experience program established and
operated by a county or a judicial district department of corrections under this section.

(b) Claims that are subject to this section must be investigated by the county agency
responsible for supervising the work to determine whether the claimed injury occurred,
whether the claimed medical expenses are reasonable, and whether the loss is covered
by the claimant's insurance. If insurance coverage is established, the county agency shall
submit the claim to the appropriate insurance entity for payment. The investigating county
agency shall submit all valid claims, in the amount net of any insurance payments, to the
commissioner of human services.

(c) The commissioner of human services shall submit all claims for impairment
compensation to the commissioner of labor and industry. The commissioner of labor and
industry shall review all submitted claims and recommend to the commissioner of human
services an amount of compensation comparable to what would be provided under the
impairment compensation schedule of section 176.101, subdivision deleted text begin 3bdeleted text end new text begin 2anew text end .

(d) The commissioner of human services shall approve a claim of $1,000 or less
for payment if appropriated funds are available, if the county agency responsible for
supervising the work has made the determinations required by this section, and if the
work program was operated in compliance with the safety provisions of this section.
The commissioner shall pay the portion of an approved claim of $1,000 or less that is
not covered by the claimant's insurance within three months of the date of submission.
On or before February 1 of each year, the commissioner shall submit to the appropriate
committees of the senate and the house of representatives a list of claims of $1,000
or less paid during the preceding calendar year and shall be reimbursed by legislative
appropriation for any claims that exceed the original appropriation provided to the
commissioner to operate this program. Unspent money from this appropriation carries
over to the second year of the biennium, and any unspent money remaining at the end
of the second year must be returned to the general fund. On or before February 1 of
each year, the commissioner shall submit to the appropriate committees of the senate
and the house of representatives a list of claims in excess of $1,000 and a list of claims
of $1,000 or less that were submitted to but not paid by the commissioner of human
services, together with any recommendations of appropriate compensation. These claims
shall be heard and determined by the appropriate committees of the senate and house of
representatives and, if approved, paid under the legislative claims procedure.

(e) Compensation paid under this section is limited to reimbursement for reasonable
medical expenses and impairment compensation for disability in like amounts as allowed
in section 176.101, subdivision deleted text begin 3bdeleted text end new text begin 2anew text end . Compensation for injuries resulting in death shall
include reasonable medical expenses and burial expenses in addition to payment to the
participant's estate in an amount not to exceed the limits set forth in section 466.04.
Compensation may not be paid under this section for pain and suffering, lost wages, or
other benefits provided in chapter 176. Payments made under this section must be reduced
by any proceeds received by the claimant from any insurance policy covering the loss. For
the purposes of this section, "insurance policy" does not include the medical assistance
program authorized under chapter 256B or the general assistance medical care program
authorized under chapter 256D.

(f) The procedure established by this section is exclusive of all other legal, equitable,
and statutory remedies against the state, its political subdivisions, or employees of the
state or its political subdivisions. The claimant may not seek damages from any state or
county insurance policy or self-insurance program.

(g) A claim is not valid for purposes of this subdivision if the local agency
responsible for supervising the work cannot verify to the commissioner of human services:

(1) that appropriate safety training and information is provided to all persons being
supervised by the agency under this subdivision; and

(2) that all programs involving work by those persons comply with federal
Occupational Safety and Health Administration and state Department of Labor and
Industry safety standards.

A claim that is not valid because of failure to verify safety training or compliance
with safety standards may not be paid by the commissioner of human services or through
the legislative claims process and must be heard, decided, and paid, if appropriate, by the
local government unit responsible for supervising the work of the claimant.

Sec. 107.

Minnesota Statutes 2015 Supplement, section 256B.038, is amended to read:

256B.038 PROVIDER RATE INCREASES AFTER JUNE 30, 1999.

(a) For fiscal years beginning on or after July 1, 1999, the commissioner of
management and budget shall include an annual inflationary adjustment in payment rates
for the services listed in paragraph (b) as a budget change request in each biennial detailed
expenditure budget submitted to the legislature under section 16A.11. The adjustment
shall be accomplished by indexing the rates in effect for inflation based on the change in
the Consumer Price Index-All Items (United States city average)(CPI-U) as forecasted by
Data Resources, Inc., in the fourth quarter of the prior year for the calendar year during
which the rate increase occurs.

(b) Within the limits of appropriations specifically for this purpose, the commissioner
shall apply the rate increases in paragraph (a) to home and community-based waiver
services for persons with developmental disabilities under section 256B.501; home and
community-based waiver services for the elderly under section 256B.0915; waivered
services under community access for disability inclusion under section 256B.49;
community alternative care waivered services under section 256B.49; brain injury
waivered services under section 256B.49; nursing services and home health services
under section 256B.0625, subdivision 6a; personal care services and nursing supervision
of personal care services under section 256B.0625, subdivision 19a; home care nursing
services under section 256B.0625, subdivision 7; day training and habilitation services
for adults with developmental disabilities under sections 252.41 to 252.46; physical
therapy services under sections 256B.0625, subdivision 8, and 256D.03, subdivision 4;
occupational therapy services under sections 256B.0625, subdivision 8a, and 256D.03,
subdivision 4; speech-language therapy services under section 256D.03, subdivision 4,
and Minnesota Rules, part 9505.0390; respiratory therapy services under section 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0295; physician services under section
256B.0625, subdivision 3; dental services under sections 256B.0625, subdivision 9, and
256D.03, subdivision 4; alternative care services under section 256B.0913; adult residential
program grants under deleted text begin Minnesota Rules, parts 9535.2000 to 9535.3000deleted text end new text begin section 245.73new text end ;
adult and family community support grants under Minnesota Rules, parts 9535.1700 to
9535.1760; and semi-independent living services under section 252.275, including SILS
funding under county social services grants formerly funded under chapter 256I.

(c) The commissioner shall increase prepaid medical assistance program capitation
rates as appropriate to reflect the rate increases in this section.

(d) In implementing this section, the commissioner shall consider proposing a
schedule to equalize rates paid by different programs for the same service.

Sec. 108.

Minnesota Statutes 2015 Supplement, section 256B.0622, subdivision 2,
is amended to read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "Assertive community treatment" means intensive nonresidential rehabilitative
mental health services provided according to the evidence-based practice of assertive
community treatment. Core elements of this service include, but are not limited to:

(1) a multidisciplinary staff who utilize a total team approach and who serve as a
fixed point of responsibility for all service delivery;

(2) providing services 24 hours per day and seven days per week;

(3) providing the majority of services in a community setting;

(4) offering a low ratio of recipients to staff; and

(5) providing service that is not time-limited.

(b) "Intensive residential treatment services" means short-term, time-limited services
provided in a residential setting to recipients who are in need of more restrictive settings
and are at risk of significant functional deterioration if they do not receive these services.
Services are designed to develop and enhance psychiatric stability, personal and emotional
adjustment, self-sufficiency, and skills to live in a more independent setting. Services must
be directed toward a targeted discharge date with specified client outcomes.

(c) "Evidence-based practices" are nationally recognized mental health services that
are proven by substantial research to be effective in helping individuals with serious
mental illness obtain specific treatment goals.

(d) "Overnight staff" means a member of the intensive residential rehabilitative
mental health treatment team who is responsible during hours when recipients are
typically asleep.

(e) "Treatment team" means all staff who provide services under this section to
recipients. At a minimum, this includes the clinical supervisor, mental health professionals
as defined in section 245.462, subdivision 18, clauses (1) to (6); mental health practitioners
as defined in section 245.462, subdivision 17; mental health rehabilitation workers under
section 256B.0623, subdivision 5, clause deleted text begin (3)deleted text end new text begin (4)new text end ; and certified peer specialists under
section 256B.0615.

Sec. 109.

Minnesota Statutes 2014, section 256B.0625, subdivision 5, is amended to
read:

Subd. 5.

Community mental health center services.

Medical assistance covers
community mental health center services provided by a community mental health center
that meets the requirements in paragraphs (a) to (j).

(a) The provider is licensed under Minnesota Rules, parts 9520.0750 to 9520.0870.

(b) The provider provides mental health services under the clinical supervision of a
mental health professional who is licensed for independent practice at the doctoral level or
by a board-certified psychiatrist or a psychiatrist who is eligible for board certification.
Clinical supervision has the meaning given in Minnesota Rules, part deleted text begin 9505.0323, subpart
1, item Fdeleted text end new text begin 9505.0370, subpart 6new text end .

(c) The provider must be a private nonprofit corporation or a governmental agency
and have a community board of directors as specified by section 245.66.

(d) The provider must have a sliding fee scale that meets the requirements in section
245.481, and agree to serve within the limits of its capacity all individuals residing in
its service delivery area.

(e) At a minimum, the provider must provide the following outpatient mental health
services: diagnostic assessment; explanation of findings; family, group, and individual
psychotherapy, including crisis intervention psychotherapy services, multiple family
group psychotherapy, psychological testing, and medication management. In addition, the
provider must provide or be capable of providing upon request of the local mental health
authority day treatment services and professional home-based mental health services. The
provider must have the capacity to provide such services to specialized populations such
as the elderly, families with children, persons who are seriously and persistently mentally
ill, and children who are seriously emotionally disturbed.

(f) The provider must be capable of providing the services specified in paragraph
(e) to individuals who are diagnosed with both mental illness or emotional disturbance,
and chemical dependency, and to individuals dually diagnosed with a mental illness or
emotional disturbance and developmental disability.

(g) The provider must provide 24-hour emergency care services or demonstrate
the capacity to assist recipients in need of such services to access such services on a
24-hour basis.

(h) The provider must have a contract with the local mental health authority to
provide one or more of the services specified in paragraph (e).

(i) The provider must agree, upon request of the local mental health authority, to
enter into a contract with the county to provide mental health services not reimbursable
under the medical assistance program.

(j) The provider may not be enrolled with the medical assistance program as both a
hospital and a community mental health center. The community mental health center's
administrative, organizational, and financial structure must be separate and distinct from
that of the hospital.

Sec. 110.

Minnesota Statutes 2014, section 256B.0653, subdivision 2, is amended to
read:

Subd. 2.

Definitions.

For the purposes of this section, the following terms have
the meanings given.

(a) "Assessment" means an evaluation of the recipient's medical need for home
health agency services by a registered nurse or appropriate therapist that is conducted
within 30 days of a request.

(b) "Home care therapies" means occupational, physical, and respiratory therapy
and speech-language pathology services provided in the home by a Medicare certified
home health agency.

(c) "Home health agency services" means services delivered in the recipient's home
residence, except as specified in section 256B.0625, by a home health agency to a recipient
with medical needs due to illness, disability, or physical conditions.

(d) "Home health aide" means an employee of a home health agency who completes
medically oriented tasks written in the plan of care for a recipient.

(e) "Home health agency" means a home care provider agency that is
Medicare-certified.

(f) "Occupational therapy services" mean the services defined in Minnesota Rules,
part 9505.0390.

(g) "Physical therapy services" mean the services defined in Minnesota Rules, part
9505.0390.

(h) "Respiratory therapy services" mean the services defined in chapter 147C deleted text begin and
Minnesota Rules, part 4668.0003, subpart 37deleted text end .

(i) "Speech-language pathology services" mean the services defined in Minnesota
Rules, part 9505.0390.

(j) "Skilled nurse visit" means a professional nursing visit to complete nursing tasks
required due to a recipient's medical condition that can only be safely provided by a
professional nurse to restore and maintain optimal health.

(k) "Store-and-forward technology" means telehomecare services that do not occur
in real time via synchronous transmissions such as diabetic and vital sign monitoring.

(l) "Telehomecare" means the use of telecommunications technology via
live, two-way interactive audiovisual technology which may be augmented by
store-and-forward technology.

(m) "Telehomecare skilled nurse visit" means a visit by a professional nurse to
deliver a skilled nurse visit to a recipient located at a site other than the site where the
nurse is located and is used in combination with face-to-face skilled nurse visits to
adequately meet the recipient's needs.

Sec. 111.

Minnesota Statutes 2014, section 256B.0659, subdivision 22, is amended to
read:

Subd. 22.

Annual review for personal care providers.

(a) All personal care
assistance provider agencies shall resubmit, on an annual basis, the information specified
in subdivision 21, in a format determined by the commissioner, and provide a copy of the
personal care assistance provider agency's most current version of its grievance policies
and procedures along with a written record of grievances and resolutions of the grievances
that the personal care assistance provider agency has received in the previous year and any
other information requested by the commissioner.

(b) The commissioner shall send annual review notification to personal care
assistance provider agencies 30 days prior to renewal. The notification must:

(1) list the materials and information the personal care assistance provider agency is
required to submit;

(2) provide instructions on submitting information to the commissioner; and

(3) provide a due date by which the commissioner must receive the requested
information.

Personal care assistance provider agencies shall submit required documentation for
annual review within 30 days of notification from the commissioner. If no documentation
is submitted, the personal care assistance provider agency enrollment number must be
terminated or suspended.

(c) Personal care assistance provider agencies also currently licensed under
deleted text begin Minnesota Rules, part 4668.0012, as a class A providerdeleted text end new text begin section 144A.471, subdivision
6 or 7,new text end or currently certified for participation in Medicare as a home health agency are
deemed in compliance with the personal care assistance requirements for enrollment,
annual review process, and documentation.

Sec. 112.

Minnesota Statutes 2015 Supplement, section 256B.0915, subdivision 3a,
is amended to read:

Subd. 3a.

Elderly waiver cost limits.

(a) Effective on the first day of the state fiscal
year in which the resident assessment system as described in section 256B.438 for nursing
home rate determination is implemented and the first day of each subsequent state fiscal
year, the monthly limit for the cost of waivered services to an individual elderly waiver
client shall be the monthly limit of the case mix resident class to which the waiver client
would be assigned under Minnesota Rules, parts deleted text begin 9549.0050deleted text end new text begin 9549.0051new text end to 9549.0059, in
effect on the last day of the previous state fiscal year, adjusted by any legislatively adopted
home and community-based services percentage rate adjustment.

(b) The monthly limit for the cost of waivered services under paragraph (a) to an
individual elderly waiver client assigned to a case mix classification A with:

(1) no dependencies in activities of daily living; or

(2) up to two dependencies in bathing, dressing, grooming, walking, and eating
when the dependency score in eating is three or greater as determined by an assessment
performed under section 256B.0911 shall be $1,750 per month effective on July 1, 2011,
for all new participants enrolled in the program on or after July 1, 2011. This monthly
limit shall be applied to all other participants who meet this criteria at reassessment. This
monthly limit shall be increased annually as described in paragraphs (a) and (e).

(c) If extended medical supplies and equipment or environmental modifications are
or will be purchased for an elderly waiver client, the costs may be prorated for up to
12 consecutive months beginning with the month of purchase. If the monthly cost of a
recipient's waivered services exceeds the monthly limit established in paragraph (a), (b),
(d), or (e), the annual cost of all waivered services shall be determined. In this event,
the annual cost of all waivered services shall not exceed 12 times the monthly limit of
waivered services as described in paragraph (a), (b), (d), or (e).

(d) Effective July 1, 2013, the monthly cost limit of waiver services, including
any necessary home care services described in section 256B.0651, subdivision 2, for
individuals who meet the criteria as ventilator-dependent given in section 256B.0651,
subdivision 1, paragraph (g), shall be the average of the monthly medical assistance
amount established for home care services as described in section 256B.0652, subdivision
7, and the annual average contracted amount established by the commissioner for nursing
facility services for ventilator-dependent individuals. This monthly limit shall be increased
annually as described in paragraphs (a) and (e).

(e) Effective July 1, 2016, and each July 1 thereafter, the monthly cost limits for
elderly waiver services in effect on the previous June 30 shall be increased by the
difference between any legislatively adopted home and community-based provider rate
increases effective on July 1 or since the previous July 1 and the average statewide
percentage increase in nursing facility operating payment rates under sections 256B.431,
256B.434, and 256B.441, effective the previous January 1. This paragraph shall only
apply if the average statewide percentage increase in nursing facility operating payment
rates is greater than any legislatively adopted home and community-based provider rate
increases effective on July 1, or occurring since the previous July 1.

Sec. 113.

Minnesota Statutes 2015 Supplement, section 256B.0915, subdivision 3e,
is amended to read:

Subd. 3e.

Customized living service rate.

(a) Payment for customized living
services shall be a monthly rate authorized by the lead agency within the parameters
established by the commissioner. The payment agreement must delineate the amount of
each component service included in the recipient's customized living service plan. The
lead agency, with input from the provider of customized living services, shall ensure that
there is a documented need within the parameters established by the commissioner for all
component customized living services authorized.

(b) The payment rate must be based on the amount of component services to be
provided utilizing component rates established by the commissioner. Counties and tribes
shall use tools issued by the commissioner to develop and document customized living
service plans and rates.

(c) Component service rates must not exceed payment rates for comparable elderly
waiver or medical assistance services and must reflect economies of scale. Customized
living services must not include rent or raw food costs.

(d) With the exception of individuals described in subdivision 3a, paragraph (b), the
individualized monthly authorized payment for the customized living service plan shall
not exceed 50 percent of the greater of either the statewide or any of the geographic
groups' weighted average monthly nursing facility rate of the case mix resident class
to which the elderly waiver eligible client would be assigned under Minnesota Rules,
parts deleted text begin 9549.0050deleted text end new text begin 9549.0051new text end to 9549.0059, less the maintenance needs allowance as
described in subdivision 1d, paragraph (a). Effective on July 1 of the state fiscal year
in which the resident assessment system as described in section 256B.438 for nursing
home rate determination is implemented and July 1 of each subsequent state fiscal year,
the individualized monthly authorized payment for the services described in this clause
shall not exceed the limit which was in effect on June 30 of the previous state fiscal year
updated annually based on legislatively adopted changes to all service rate maximums for
home and community-based service providers.

(e) Effective July 1, 2011, the individualized monthly payment for the customized
living service plan for individuals described in subdivision 3a, paragraph (b), must be the
monthly authorized payment limit for customized living for individuals classified as case
mix A, reduced by 25 percent. This rate limit must be applied to all new participants
enrolled in the program on or after July 1, 2011, who meet the criteria described in
subdivision 3a, paragraph (b). This monthly limit also applies to all other participants who
meet the criteria described in subdivision 3a, paragraph (b), at reassessment.

(f) Customized living services are delivered by a provider licensed by the
Department of Health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.
Licensed home care providers are subject to section 256B.0651, subdivision 14.

(g) A provider may not bill or otherwise charge an elderly waiver participant or their
family for additional units of any allowable component service beyond those available
under the service rate limits described in paragraph (d), nor for additional units of any
allowable component service beyond those approved in the service plan by the lead agency.

(h) Effective July 1, 2016, and each July 1 thereafter, individualized service rate
limits for customized living services under this subdivision shall be increased by the
difference between any legislatively adopted home and community-based provider rate
increases effective on July 1 or since the previous July 1 and the average statewide
percentage increase in nursing facility operating payment rates under sections 256B.431,
256B.434, and 256B.441, effective the previous January 1. This paragraph shall only
apply if the average statewide percentage increase in nursing facility operating payment
rates is greater than any legislatively adopted home and community-based provider rate
increases effective on July 1, or occurring since the previous July 1.

Sec. 114.

Minnesota Statutes 2015 Supplement, section 256B.0915, subdivision 3h,
is amended to read:

Subd. 3h.

Service rate limits; 24-hour customized living services.

(a) The
payment rate for 24-hour customized living services is a monthly rate authorized by the
lead agency within the parameters established by the commissioner of human services.
The payment agreement must delineate the amount of each component service included
in each recipient's customized living service plan. The lead agency, with input from
the provider of customized living services, shall ensure that there is a documented need
within the parameters established by the commissioner for all component customized
living services authorized. The lead agency shall not authorize 24-hour customized living
services unless there is a documented need for 24-hour supervision.

(b) For purposes of this section, "24-hour supervision" means that the recipient
requires assistance due to needs related to one or more of the following:

(1) intermittent assistance with toileting, positioning, or transferring;

(2) cognitive or behavioral issues;

(3) a medical condition that requires clinical monitoring; or

(4) for all new participants enrolled in the program on or after July 1, 2011, and
all other participants at their first reassessment after July 1, 2011, dependency in at
least three of the following activities of daily living as determined by assessment under
section 256B.0911: bathing; dressing; grooming; walking; or eating when the dependency
score in eating is three or greater; and needs medication management and at least 50
hours of service per month. The lead agency shall ensure that the frequency and mode
of supervision of the recipient and the qualifications of staff providing supervision are
described and meet the needs of the recipient.

(c) The payment rate for 24-hour customized living services must be based on the
amount of component services to be provided utilizing component rates established by the
commissioner. Counties and tribes will use tools issued by the commissioner to develop
and document customized living plans and authorize rates.

(d) Component service rates must not exceed payment rates for comparable elderly
waiver or medical assistance services and must reflect economies of scale.

(e) The individually authorized 24-hour customized living payments, in combination
with the payment for other elderly waiver services, including case management, must not
exceed the recipient's community budget cap specified in subdivision 3a. Customized
living services must not include rent or raw food costs.

(f) The individually authorized 24-hour customized living payment rates shall not
exceed the 95 percentile of statewide monthly authorizations for 24-hour customized
living services in effect and in the Medicaid management information systems on March
31, 2009, for each case mix resident class under Minnesota Rules, parts deleted text begin 9549.0050
deleted text end new text begin 9549.0051new text end to 9549.0059, to which elderly waiver service clients are assigned. When there
are fewer than 50 authorizations in effect in the case mix resident class, the commissioner
shall multiply the calculated service payment rate maximum for the A classification by the
standard weight for that classification under Minnesota Rules, parts deleted text begin 9549.0050deleted text end new text begin 9549.0051
new text end to 9549.0059, to determine the applicable payment rate maximum. Service payment rate
maximums shall be updated annually based on legislatively adopted changes to all service
rates for home and community-based service providers.

(g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner
may establish alternative payment rate systems for 24-hour customized living services in
housing with services establishments which are freestanding buildings with a capacity of
16 or fewer, by applying a single hourly rate for covered component services provided
in either:

(1) licensed corporate adult foster homes; or

(2) specialized dementia care units which meet the requirements of section 144D.065
and in which:

(i) each resident is offered the option of having their own apartment; or

(ii) the units are licensed as board and lodge establishments with maximum capacity
of eight residents, and which meet the requirements of Minnesota Rules, part 9555.6205,
subparts 1, 2, 3, and 4, item A.

(h) Twenty-four-hour customized living services are delivered by a provider licensed
by the Department of Health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.
Licensed home care providers are subject to section 256B.0651, subdivision 14.

(i) A provider may not bill or otherwise charge an elderly waiver participant or their
family for additional units of any allowable component service beyond those available
under the service rate limits described in paragraph (e), nor for additional units of any
allowable component service beyond those approved in the service plan by the lead agency.

(j) Effective July 1, 2016, and each July 1 thereafter, individualized service rate
limits for 24-hour customized living services under this subdivision shall be increased by
the difference between any legislatively adopted home and community-based provider
rate increases effective on July 1 or since the previous July 1 and the average statewide
percentage increase in nursing facility operating payment rates under sections 256B.431,
256B.434, and 256B.441, effective the previous January 1. This paragraph shall only
apply if the average statewide percentage increase in nursing facility operating payment
rates is greater than any legislatively adopted home and community-based provider rate
increases effective on July 1, or occurring since the previous July 1.

Sec. 115.

Minnesota Statutes 2014, section 256B.092, subdivision 4a, is amended to
read:

Subd. 4a.

Demonstration projects.

The commissioner may waive state rules
governing home and community-based services in order to demonstrate other methods of
administering these services and to improve efficiency and responsiveness to individual
needs of persons with developmental disabilities, notwithstanding deleted text begin section 14.05,
subdivision 4deleted text end new text begin sections 14.055 and 14.056new text end . All demonstration projects approved by the
commissioner must comply with state laws and federal regulations, must remain within
the fiscal limitations of the home and community-based services program for persons
with developmental disabilities, and must assure the health and welfare of the persons
receiving services.

Sec. 116.

Minnesota Statutes 2014, section 256B.093, subdivision 3, is amended to read:

Subd. 3.

Traumatic brain injury program duties.

The department shall fund
administrative case management under this subdivision using medical assistance
administrative funds. The traumatic brain injury program duties include:

(1) recommending to the commissioner in consultation with the medical review
agent according to Minnesota Rules, parts deleted text begin 9505.0500deleted text end new text begin 9505.0501new text end to 9505.0540, the
approval or denial of medical assistance funds to pay for out-of-state placements for
traumatic brain injury services and in-state traumatic brain injury services provided by
designated Medicare long-term care hospitals;

(2) coordinating the brain injury home and community-based waiver;

(3) providing ongoing technical assistance and consultation to county and facility
case managers to facilitate care plan development for appropriate, accessible, and
cost-effective medical assistance services;

(4) providing technical assistance to promote statewide development of appropriate,
accessible, and cost-effective medical assistance services and related policy;

(5) providing training and outreach to facilitate access to appropriate home and
community-based services to prevent institutionalization;

(6) facilitating appropriate admissions, continued stay review, discharges, and
utilization review for neurobehavioral hospitals and other specialized institutions;

(7) providing technical assistance on the use of prior authorization of home care
services and coordination of these services with other medical assistance services;

(8) developing a system for identification of nursing facility and hospital residents
with traumatic brain injury to assist in long-term planning for medical assistance services.
Factors will include, but are not limited to, number of individuals served, length of stay,
services received, and barriers to community placement; and

(9) providing information, referral, and case consultation to access medical
assistance services for recipients without a county or facility case manager. Direct access
to this assistance may be limited due to the structure of the program.

Sec. 117.

Minnesota Statutes 2014, section 256B.0947, subdivision 3a, is amended to
read:

Subd. 3a.

Required service components.

(a) Subject to federal approval, medical
assistance covers all medically necessary intensive nonresidential rehabilitative mental
health services and supports, as defined in this section, under a single daily rate per client.
Services and supports must be delivered by an eligible provider under subdivision 5
to an eligible client under subdivision 3.

(b) Intensive nonresidential rehabilitative mental health services, supports, and
ancillary activities covered by the single daily rate per client must include the following,
as needed by the individual client:

(1) individual, family, and group psychotherapy;

(2) individual, family, and group skills training, as defined in section 256B.0943,
subdivision 1, paragraph deleted text begin (q)deleted text end new text begin (t)new text end ;

(3) crisis assistance as defined in section 245.4871, subdivision 9a, which includes
recognition of factors precipitating a mental health crisis, identification of behaviors
related to the crisis, and the development of a plan to address prevention, intervention, and
follow-up strategies to be used in the lead-up to or onset of, and conclusion of, a mental
health crisis; crisis assistance does not mean crisis response services or crisis intervention
services provided in section 256B.0944;

(4) medication management provided by a physician or an advanced practice
registered nurse with certification in psychiatric and mental health care;

(5) mental health case management as provided in section 256B.0625, subdivision 20;

(6) medication education services as defined in this section;

(7) care coordination by a client-specific lead worker assigned by and responsible to
the treatment team;

(8) psychoeducation of and consultation and coordination with the client's biological,
adoptive, or foster family and, in the case of a youth living independently, the client's
immediate nonfamilial support network;

(9) clinical consultation to a client's employer or school or to other service agencies
or to the courts to assist in managing the mental illness or co-occurring disorder and to
develop client support systems;

(10) coordination with, or performance of, crisis intervention and stabilization
services as defined in section 256B.0944;

(11) assessment of a client's treatment progress and effectiveness of services using
standardized outcome measures published by the commissioner;

(12) transition services as defined in this section;

(13) integrated dual disorders treatment as defined in this section; and

(14) housing access support.

(c) The provider shall ensure and document the following by means of performing
the required function or by contracting with a qualified person or entity:

(1) client access to crisis intervention services, as defined in section 256B.0944, and
available 24 hours per day and seven days per week;

(2) completion of an extended diagnostic assessment, as defined in Minnesota Rules,
part 9505.0372, subpart 1, item C; and

(3) determination of the client's needed level of care using an instrument approved
and periodically updated by the commissioner.

Sec. 118.

Minnesota Statutes 2014, section 256B.25, subdivision 3, is amended to read:

Subd. 3.

Payment exceptions.

The limitation in subdivision 2 shall not apply to:

(a) payment of Minnesota supplemental assistance funds to recipients who reside
in facilities which are involved in litigation contesting their designation as an institution
for treatment of mental disease;

(b) payment or grants to a boarding care home or supervised living facility licensed
by the Department of Human Services under Minnesota Rules, parts 9520.0500 to
9520.0690, deleted text begin 9530.2500 to 9530.4000deleted text end new text begin chapter 2960new text end , deleted text begin 9545.0900 to 9545.1090, or 9545.1400
to 9545.1500deleted text end new text begin or chapter 9530new text end , or payment to recipients who reside in these facilities;

(c) payments or grants to a boarding care home or supervised living facility which
are ineligible for certification under United States Code, title 42, sections 1396-1396p;

(d) payments or grants otherwise specifically authorized by statute or rule.

Sec. 119.

Minnesota Statutes 2015 Supplement, section 256B.431, subdivision 2b,
is amended to read:

Subd. 2b.

Operating costs after July 1, 1985.

(a) For rate years beginning on or
after July 1, 1985, the commissioner shall establish procedures for determining per diem
reimbursement for operating costs.

(b) The commissioner shall contract with an econometric firm with recognized
expertise in and access to national economic change indices that can be applied to the
appropriate cost categories when determining the operating cost payment rate.

(c) The commissioner shall analyze and evaluate each nursing facility's cost report
of allowable operating costs incurred by the nursing facility during the reporting year
immediately preceding the rate year for which the payment rate becomes effective.

(d) The commissioner shall establish limits on actual allowable historical operating
cost per diems based on cost reports of allowable operating costs for the reporting year
that begins October 1, 1983, taking into consideration relevant factors including resident
needs, geographic location, and size of the nursing facility. In developing the geographic
groups for purposes of reimbursement under this section, the commissioner shall ensure
that nursing facilities in any county contiguous to the Minneapolis-St. Paul seven-county
metropolitan area are included in the same geographic group. The limits established by
the commissioner shall not be less, in the aggregate, than the 60th percentile of total
actual allowable historical operating cost per diems for each group of nursing facilities
established under subdivision 1 based on cost reports of allowable operating costs in the
previous reporting year. For rate years beginning on or after July 1, 1989, facilities located
in geographic group I as described in Minnesota Rules, part 9549.0052, on January 1,
1989, may choose to have the commissioner apply either the care related limits or the other
operating cost limits calculated for facilities located in geographic group II, or both, if
either of the limits calculated for the group II facilities is higher. The efficiency incentive
for geographic group I nursing facilities must be calculated based on geographic group I
limits. The phase-in must be established utilizing the chosen limits. For purposes of these
exceptions to the geographic grouping requirements, the definitions in Minnesota Rules,
parts deleted text begin 9549.0050deleted text end to 9549.0059 (Emergency), and 9549.0010 to 9549.0080,
apply. The limits established under this paragraph remain in effect until the commissioner
establishes a new base period. Until the new base period is established, the commissioner
shall adjust the limits annually using the appropriate economic change indices established
in paragraph (e). In determining allowable historical operating cost per diems for purposes
of setting limits and nursing facility payment rates, the commissioner shall divide the
allowable historical operating costs by the actual number of resident days, except that
where a nursing facility is occupied at less than 90 percent of licensed capacity days, the
commissioner may establish procedures to adjust the computation of the per diem to
an imputed occupancy level at or below 90 percent. The commissioner shall establish
efficiency incentives as appropriate. The commissioner may establish efficiency incentives
for different operating cost categories. The commissioner shall consider establishing
efficiency incentives in care related cost categories. The commissioner may combine one
or more operating cost categories and may use different methods for calculating payment
rates for each operating cost category or combination of operating cost categories. For the
rate year beginning on July 1, 1985, the commissioner shall:

(1) allow nursing facilities that have an average length of stay of 180 days or less in
their skilled nursing level of care, 125 percent of the care related limit and 105 percent
of the other operating cost limit established by rule; and

(2) exempt nursing facilities licensed on July 1, 1983, by the commissioner to
provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to deleted text begin 9570.3600deleted text end , from the care related limits and allow 105 percent of
the other operating cost limit established by rule.

For the purpose of calculating the other operating cost efficiency incentive for
nursing facilities referred to in clause (1) or (2), the commissioner shall use the other
operating cost limit established by rule before application of the 105 percent.

(e) The commissioner shall establish a composite index or indices by determining
the appropriate economic change indicators to be applied to specific operating cost
categories or combination of operating cost categories.

(f) Each nursing facility shall receive an operating cost payment rate equal to the sum
of the nursing facility's operating cost payment rates for each operating cost category. The
operating cost payment rate for an operating cost category shall be the lesser of the nursing
facility's historical operating cost in the category increased by the appropriate index
established in paragraph (e) for the operating cost category plus an efficiency incentive
established pursuant to paragraph (d) or the limit for the operating cost category increased
by the same index. If a nursing facility's actual historic operating costs are greater than the
prospective payment rate for that rate year, there shall be no retroactive cost settle up. In
establishing payment rates for one or more operating cost categories, the commissioner may
establish separate rates for different classes of residents based on their relative care needs.

(g) The commissioner shall include the reported actual real estate tax liability or
payments in lieu of real estate tax of each nursing facility as an operating cost of that
nursing facility. Allowable costs under this subdivision for payments made by a nonprofit
nursing facility that are in lieu of real estate taxes shall not exceed the amount which the
nursing facility would have paid to a city or township and county for fire, police, sanitation
services, and road maintenance costs had real estate taxes been levied on that property
for those purposes. For rate years beginning on or after July 1, 1987, the reported actual
real estate tax liability or payments in lieu of real estate tax of nursing facilities shall be
adjusted to include an amount equal to one-half of the dollar change in real estate taxes
from the prior year. The commissioner shall include a reported actual special assessment,
and reported actual license fees required by the Minnesota Department of Health, for each
nursing facility as an operating cost of that nursing facility. For rate years beginning
on or after July 1, 1989, the commissioner shall include a nursing facility's reported
Public Employee Retirement Act contribution for the reporting year as apportioned to the
care-related operating cost categories and other operating cost categories multiplied by
the appropriate composite index or indices established pursuant to paragraph (e) as costs
under this paragraph. Total adjusted real estate tax liability, payments in lieu of real
estate tax, actual special assessments paid, the indexed Public Employee Retirement Act
contribution, and license fees paid as required by the Minnesota Department of Health,
for each nursing facility (1) shall be divided by actual resident days in order to compute
the operating cost payment rate for this operating cost category, (2) shall not be used to
compute the care-related operating cost limits or other operating cost limits established
by the commissioner, and (3) shall not be increased by the composite index or indices
established pursuant to paragraph (e), unless otherwise indicated in this paragraph.

Sec. 120.

Minnesota Statutes 2014, section 256B.438, subdivision 4, is amended to read:

Subd. 4.

Resident assessment schedule.

(a) Nursing facilities shall conduct and
submit case mix assessments according to the schedule established by the commissioner
of health under section 144.0724, subdivisions 4 and 5.

(b) The resident reimbursement classifications established under section 144.0724,
subdivision deleted text begin 3deleted text end new text begin 3anew text end , shall be effective the day of admission for new admission assessments.
The effective date for significant change assessments shall be the assessment reference
date. The effective date for annual and quarterly assessments shall be the first day of the
month following assessment reference date.

(c) Effective October 1, 2006, the commissioner shall rebase payment rates
to account for the change in the resident assessment schedule in section 144.0724,
subdivision 4, paragraph (b), clause (4), in a facility specific budget neutral manner,
according to subdivision 7, paragraph (b).

(d) Effective January 1, 2012, the commissioner shall determine payment rates
to account for the transition to RUG-IV, in a facility-specific, revenue-neutral manner,
according to subdivision 8, paragraph (b).

Sec. 121.

Minnesota Statutes 2014, section 256B.47, subdivision 1, is amended to read:

Subdivision 1.

Nonallowable costs.

The following costs shall not be recognized as
allowable: (1) political contributions; (2) salaries or expenses of a lobbyist, as defined
in section 10A.01, subdivision 21, for lobbying activities; (3) advertising designed to
encourage potential residents to select a particular nursing facility; (4) assessments levied
by the commissioner of health for uncorrected violations; (5) legal and related expenses
for unsuccessful challenges to decisions by governmental agencies; (6) memberships in
sports, health or similar social clubs or organizations; (7) costs incurred for activities
directly related to influencing employees with respect to unionization; and (8) direct and
indirect costs of providing services which are billed separately from the nursing facility's
payment rate or pursuant to Minnesota Rules, parts deleted text begin 9500.0750 to 9500.1080deleted text end new text begin 9505.0170
to 9505.0475new text end . The commissioner shall by rule exclude the costs of any other items not
directly related to the provision of resident care.

Sec. 122.

Minnesota Statutes 2014, section 256B.47, subdivision 3, is amended to read:

Subd. 3.

Allocation of costs.

To ensure the avoidance of double payments as
required by section 256B.433, the direct and indirect reporting year costs of providing
residents of nursing facilities that are not hospital attached with therapy services that are
billed separately from the nursing facility payment rate or according to Minnesota Rules,
parts deleted text begin 9500.0750 to 9500.1080deleted text end new text begin 9505.0170 to 9505.0475new text end , must be determined and deducted
from the appropriate cost categories of the annual cost report as follows:

(a) The costs of wages and salaries for employees providing or participating in
providing and consultants providing services shall be allocated to the therapy service
based on direct identification.

(b) The costs of fringe benefits and payroll taxes relating to the costs in paragraph (a)
must be allocated to the therapy service based on direct identification or the ratio of total
costs in paragraph (a) to the sum of total allowable salaries and the costs in paragraph (a).

(c) The costs of housekeeping, plant operations and maintenance, real estate taxes,
special assessments, and insurance, other than the amounts classified as a fringe benefit,
must be allocated to the therapy service based on the ratio of service area square footage
to total facility square footage.

(d) The costs of bookkeeping and medical records must be allocated to the therapy
service either by the method in paragraph (e) or based on direct identification. Direct
identification may be used if adequate documentation is provided to, and accepted by,
the commissioner.

(e) The costs of administrators, bookkeeping, and medical records salaries, except
as provided in paragraph (d), must be allocated to the therapy service based on the ratio
of the total costs in paragraphs (a) to (d) to the sum of total allowable nursing facility
costs and the costs in paragraphs (a) to (d).

(f) The cost of property must be allocated to the therapy service and removed from the
nursing facility's property-related payment rate, based on the ratio of service area square
footage to total facility square footage multiplied by the property-related payment rate.

Sec. 123.

Minnesota Statutes 2014, section 256B.47, subdivision 4, is amended to read:

Subd. 4.

Allocation of costs; hospital-attached facilities.

To ensure the avoidance
of double payments as required by section 256B.433, the direct and indirect reporting
year costs of providing therapy services to residents of a hospital-attached nursing
facility, when the services are billed separately from the nursing facility's payment rate or
according to Minnesota Rules, parts deleted text begin 9500.0750 to 9500.1080deleted text end new text begin 9505.0170 to 9505.0475new text end ,
must be determined and deducted from the appropriate cost categories of the annual cost
report based on the Medicare step-down as prepared in accordance with instructions
provided by the commissioner.

Sec. 124.

Minnesota Statutes 2014, section 256B.4914, subdivision 9, is amended to
read:

Subd. 9.

Payments for unit-based services without programming.

Payments for
unit-based deleted text begin without programdeleted text end servicesnew text begin without programmingnew text end , including night supervision,
personal support, respite, and companion care provided to an individual outside of any day
or residential service plan must be calculated as follows unless the services are authorized
separately under subdivision 6 or 7:

(1) for all services except respite, determine the number of units of service to meet
a recipient's needs;

(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

(3) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (2). This is defined as the customized direct care rate;

(4) multiply the number of direct staff hours by the appropriate staff wage in
subdivision 5 or the customized direct care rate;

(5) multiply the number of direct staff hours by the product of the supervision span
of control ratio in subdivision 5, paragraph (f), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (16);

(6) combine the results of clauses (4) and (5), and multiply the result by one plus
the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f),
clause (2). This is defined as the direct staffing rate;

(7) for program plan support, multiply the result of clause (6) by one plus the
program plan support ratio in subdivision 5, paragraph (f), clause (4);

(8) for employee-related expenses, multiply the result of clause (7) by one plus the
employee-related cost ratio in subdivision 5, paragraph (f), clause (3);

(9) for client programming and supports, multiply the result of clause (8) by one plus
the client programming and support ratio in subdivision 5, paragraph (f), clause (5);

(10) this is the subtotal rate;

(11) sum the standard general and administrative rate, the program-related expense
ratio, and the absence and utilization factor ratio;

(12) divide the result of clause (10) by one minus the result of clause (11). This is
the total payment amount;

(13) for respite services, determine the number of day units of service to meet an
individual's needs;

(14) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics
Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;

(15) for a recipient requiring deaf and hard-of-hearing customization under
subdivision 12, add the customization rate provided in subdivision 12 to the result of
clause (14). This is defined as the customized direct care rate;

(16) multiply the number of direct staff hours by the appropriate staff wage in
subdivision 5, paragraph (a);

(17) multiply the number of direct staff hours by the product of the supervisory span
of control ratio in subdivision 5, paragraph (g), clause (1), and the appropriate supervision
wage in subdivision 5, paragraph (a), clause (16);

(18) combine the results of clauses (16) and (17), and multiply the result by one plus
the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (g),
clause (2). This is defined as the direct staffing rate;

(19) for employee-related expenses, multiply the result of clause (18) by one plus
the employee-related cost ratio in subdivision 5, paragraph (g), clause (3);

(20) this is the subtotal rate;

(21) sum the standard general and administrative rate, the program-related expense
ratio, and the absence and utilization factor ratio;

(22) divide the result of clause (20) by one minus the result of clause (21). This is
the total payment amount; and

(23) adjust the result of clauses (12) and (22) by a factor to be determined by the
commissioner to adjust for regional differences in the cost of providing services.

Sec. 125.

Minnesota Statutes 2015 Supplement, section 256B.50, subdivision 1,
is amended to read:

Subdivision 1.

Scope.

A provider may appeal from a determination of a payment
rate established pursuant to this chapter or allowed costs under section 256B.441 deleted text begin and
reimbursement rules of the commissionerdeleted text end if the appeal, if successful, would result in
a change to the provider's payment rate or to the calculation of maximum charges to
therapy vendors as provided by section 256B.433, subdivision 3. Appeals must be filed
in accordance with procedures in this section. This section does not apply to a request
from a resident or long-term care facility for reconsideration of the classification of a
resident under section 144.0722.

Sec. 126.

Minnesota Statutes 2014, section 256B.50, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

For the purposes of this section, the following terms have
the meanings given.

(a) "Determination of a payment rate" means the process by which the commissioner
establishes the payment rate paid to a provider pursuant to this chapter, including
determinations made in desk audit, field audit, or pursuant to an amendment filed by the
provider.

(b) "Provider" means a nursing facility as defined in section 256B.421, subdivision
7, or a facility as defined in section 256B.501, subdivision 1.

deleted text begin (c) "Reimbursement rules" means Minnesota Rules, parts 9510.0010 to 9510.0480,
9510.0500 to 9510.0890, and rules adopted by the commissioner pursuant to sections
256B.41 and 256B.501, subdivision 3.
deleted text end

Sec. 127.

Minnesota Statutes 2014, section 256B.501, subdivision 11, is amended to
read:

Subd. 11.

Investment per bed limits; interest expense limitations; leases.

(a) The
provisions of Minnesota Rules, part 9553.0075, except as modified under this subdivision,
shall apply to newly constructed or established facilities that are certified for medical
assistance on or after May 1, 1990.

(b) For purposes of establishing payment rates under this subdivision and
Minnesota Rules, parts 9553.0010 to 9553.0080, the term "newly constructed or newly
established" means a facility (1) for which a need determination has been approved by the
commissioner under sections 252.28 and 252.291; (2) whose program is newly licensed
under deleted text begin Minnesota Rules, parts 9525.0215 to 9525.0355,deleted text end new text begin chapter 245Dnew text end and certified under
Code of Federal Regulations, title 42, section 442.400, et seq.; and (3) that is part of a
proposal that meets the requirements of section 252.291, subdivision 2, paragraph (a),
clause (2). The term does not include a facility for which a need determination was granted
solely for other reasons such as the relocation of a facility; a change in the facility's name,
program, number of beds, type of beds, or ownership; or the sale of a facility, unless the
relocation of a facility to one or more service sites is the result of a closure of a facility
under section 252.292, in which case clause (3) shall not apply. The term does include
a facility that converts more than 50 percent of its licensed beds from class A to class
B residential or class B institutional to serve persons discharged from state regional
treatment centers on or after May 1, 1990, in which case clause (3) does not apply.

(c) Newly constructed or newly established facilities that are certified for medical
assistance on or after May 1, 1990, shall be allowed the capital asset investment per
bed limits as provided in clauses (1) to (4).

(1) The 1990 calendar year investment per bed limit for a facility's land must not
exceed $5,700 per bed for newly constructed or newly established facilities in Hennepin,
Ramsey, Anoka, Washington, Dakota, Scott, Carver, Chisago, Isanti, Wright, Benton,
Sherburne, Stearns, St. Louis, Clay, and Olmsted Counties, and must not exceed $3,000
per bed for newly constructed or newly established facilities in other counties.

(2) The 1990 calendar year investment per bed limit for a facility's depreciable
capital assets must not exceed $44,800 for class B residential beds, and $45,200 for class
B institutional beds.

(3) The investment per bed limit in clause (2) must not be used in determining the
three-year average percentage increase adjustment in Minnesota Rules, part 9553.0060,
subpart 1, item C, subitem (4), for facilities that were newly constructed or newly
established before May 1, 1990.

(4) The investment per bed limits in clause (2) and Minnesota Rules, part 9553.0060,
subpart 1, item C, subitem (2) shall be adjusted annually beginning January 1, 1991, and
each January 1 following, as provided in Minnesota Rules, part 9553.0060, subpart 1, item
C, subitem (2), except that the index utilized will be the Bureau of the Census: Composite
Fixed-Weighted Price Index as published in the Survey of Current Business.

(d) A newly constructed or newly established facility's interest expense limitation as
provided for in Minnesota Rules, part 9553.0060, subpart 3, item F, on capital debt for
capital assets acquired during the interim or settle-up period, shall be increased by 2.5
percentage points for each full .25 percentage points that the facility's interest rate on its
mortgage is below the maximum interest rate as established in Minnesota Rules, part
9553.0060, subpart 2, item A, subitem (2). For all following rate periods, the interest
expense limitation on capital debt in Minnesota Rules, part 9553.0060, subpart 3, item F,
shall apply to the facility's capital assets acquired, leased, or constructed after the interim
or settle-up period. If a newly constructed or newly established facility is acquired by the
state, the limitations of this paragraph and Minnesota Rules, part 9553.0060, subpart
3, item F, shall not apply.

(e) If a newly constructed or newly established facility is leased with an arm's-length
lease as provided for in Minnesota Rules, part 9553.0060, subpart 7, the lease agreement
shall be subject to the following conditions:

(1) the term of the lease, including option periods, must not be less than 20 years;

(2) the maximum interest rate used in determining the present value of the lease must
not exceed the lesser of the interest rate limitation in Minnesota Rules, part 9553.0060,
subpart 2, item A, subitem (2), or 16 percent; and

(3) the residual value used in determining the net present value of the lease must be
established using the provisions of Minnesota Rules, part 9553.0060.

(f) All leases of the physical plant of an intermediate care facility for the
developmentally disabled shall contain a clause that requires the owner to give the
commissioner notice of any requests or orders to vacate the premises 90 days before
such vacation of the premises is to take place. In the case of eviction actions, the owner
shall notify the commissioner within three days of notice of an eviction action being
served upon the tenant. The only exception to this notice requirement is in the case of
emergencies where immediate vacation of the premises is necessary to assure the safety
and welfare of the residents. In such an emergency situation, the owner shall give the
commissioner notice of the request to vacate at the time the owner of the property is aware
that the vacating of the premises is necessary. This section applies to all leases entered
into after May 1, 1990. Rentals set in leases entered into after that date that do not contain
this clause are not allowable costs for purposes of medical assistance reimbursement.

(g) A newly constructed or newly established facility's preopening costs are subject
to the provisions of Minnesota Rules, part 9553.0035, subpart 12, and must be limited to
only those costs incurred during one of the following periods, whichever is shorter:

(1) between the date the commissioner approves the facility's need determination
and 30 days before the date the facility is certified for medical assistance; or

(2) the 12-month period immediately preceding the 30 days before the date the
facility is certified for medical assistance.

(h) The development of any newly constructed or newly established facility as
defined in this subdivision and projected to be operational after July 1, 1991, by the
commissioner of human services shall be delayed until July 1, 1993, except for those
facilities authorized by the commissioner as a result of a closure of a facility according
to section 252.292 prior to January 1, 1991, or those facilities developed as a result of a
receivership of a facility according to section 245A.12. This paragraph does not apply to
state-operated community facilities authorized in section 252.50.

Sec. 128.

Minnesota Statutes 2014, section 256B.5013, subdivision 1, is amended to
read:

Subdivision 1.

Variable rate adjustments.

(a) For rate years beginning on or after
October 1, 2000, when there is a documented increase in the needs of a current ICF/DD
recipient, the county of financial responsibility may recommend a variable rate to enable
the facility to meet the individual's increased needs. Variable rate adjustments made under
this subdivision replace payments deleted text begin for persons with special needs under section 256B.501,
subdivision 8, and paymentsdeleted text end for persons with special needs for crisis intervention services
under section 256B.501, subdivision 8a. Effective July 1, 2003, facilities with a base rate
above the 50th percentile of the statewide average reimbursement rate for a Class A
facility or Class B facility, whichever matches the facility licensure, are not eligible for a
variable rate adjustment. Variable rate adjustments may not exceed a 12-month period,
except when approved for purposes established in paragraph (b), clause (1). Variable rate
adjustments approved solely on the basis of changes on a developmental disabilities
screening document will end June 30, 2002.

(b) A variable rate may be recommended by the county of financial responsibility
for increased needs in the following situations:

(1) a need for resources due to an individual's full or partial retirement from
participation in a day training and habilitation service when the individual: (i) has reached
the age of 65 or has a change in health condition that makes it difficult for the person
to participate in day training and habilitation services over an extended period of time
because it is medically contraindicated; and (ii) has expressed a desire for change through
the developmental disability screening process under section 256B.092;

(2) a need for additional resources for intensive short-term programming which is
necessary prior to an individual's discharge to a less restrictive, more integrated setting;

(3) a demonstrated medical need that significantly impacts the type or amount of
services needed by the individual; or

(4) a demonstrated behavioral need that significantly impacts the type or amount of
services needed by the individual.

(c) The county of financial responsibility must justify the purpose, the projected
length of time, and the additional funding needed for the facility to meet the needs of
the individual.

(d) The facility shall provide an annual report to the county case manager on
the use of the variable rate funds and the status of the individual on whose behalf the
funds were approved. The county case manager will forward the facility's report with a
recommendation to the commissioner to approve or disapprove a continuation of the
variable rate.

(e) Funds made available through the variable rate process that are not used by
the facility to meet the needs of the individual for whom they were approved shall be
returned to the state.

Sec. 129.

Minnesota Statutes 2014, section 256B.69, subdivision 5, is amended to read:

Subd. 5.

Prospective per capita payment.

The commissioner shall establish the
method and amount of payments for services. The commissioner shall annually contract
with demonstration providers to provide services consistent with these established
methods and amounts for payment.

If allowed by the commissioner, a demonstration provider may contract with an
insurer, health care provider, nonprofit health service plan corporation, or the commissioner,
to provide insurance or similar protection against the cost of care provided by the

HF 823

Bill Text Versions

Current Version - as introduced

ARTICLE 1

MISCELLANEOUS

Section 1.

Subd. 4.

Other duties.

Sec. 2.

Subdivision 1.

Establishment.

Sec. 3.

Subdivision 1.

Qualifications.

Sec. 4.

Subd. 5.

Form.

Sec. 5.

12.38 STATE AGENCIES; TEMPORARY WAIVER OF FEES.

Sec. 6.

Subd. 4.

Action to compel compliance.

Sec. 7.

Subd. 7.

Education programsnew text begin ; performance tracking systemnew text end .

Sec. 8.

Subdivision 1.

Generally.

Sec. 9.

Subd. 8.

Number of deputy commissioners.

Sec. 10.

Subd. 2.

Transit cards.

Sec. 11.

Subd. 5.

Money collected.

Sec. 12.

Subdivision 1.

Counties.

Sec. 13.

Subd. 2.

Activities authorized.

Sec. 14.

Subd. 10.

Renewable chemical.

Sec. 15.

Subdivision 1.

Eligibility.

Sec. 16.

Subd. 2.

Precedence of merit principles and nondiscrimination.

Sec. 17.

Subdivision 1.

Scope.

Sec. 18.

Subd. 3.

Use of terms.

Sec. 19.

Subd. 2.

Requirements for electronic prescribing.

Sec. 20.

62N.40 CHEMICAL DEPENDENCY SERVICES.

Sec. 21.

Subdivision 1.

Definition.

Sec. 22.

62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY SERVICES.

Sec. 23.

Subd. 4.

Minnesota State Zoological Garden bond account in the state bond fund.

Sec. 24.

Subd. 5.

Tax levy.

Sec. 25.

Subd. 6.

Bond authorization and appropriations.

Sec. 26.

Subd. 3.

Interim goals; nonmetropolitan counties.

62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL
DEPENDENCY SERVICES.

Minnesota State Zoological Garden bond account in the state bond
fund.

125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.