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HF 3467

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 09:35am

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

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Current Version - 3rd Engrossment

A bill for an act
relating to state government; modifying provisions related to continuing care,
health care, MNsure, Health Department, chemical and mental health, children
and families, health-related licensing, human services forecast adjustments,
health and human services appropriations, state government appropriations, state
government, and public safety; making technical changes; adjusting rates for
nursing facilities in border cities; limiting appropriations and transfers to MNsure;
amending provisions relating to abortion; creating licenses relating to orthotics
and genetic counselors; modifying barber licenses; modifying fees; canceling
part of the senate carryforward account to the general fund; requiring savings
from reducing salaries in the executive branch, instituting a hiring freeze, and
limiting nonessential travel and advertising; requiring receipts from examinations
by the state auditor be credited to the general fund; transferring funds in the
state auditor enterprise fund to the general fund; suspending the public subsidy
program for state elections to the end of fiscal year 2017; requiring the legislative
auditor to participate in preparing fiscal notes, revenue estimates, and local
impact notes; requiring county payments and political subdivision payments
for state auditor costs be deposited in the general fund; requiring a centralized
tracking list of agency projects over $100,000; limiting fee or fine increases;
requiring disclosure to the legislative auditor on potential federal penalties for the
purchase or sale of state bonds; requiring legislature be notified of certain costs in
state construction projects; requiring approval for certain state building projects;
requiring termination of state grant agreement if recipient is convicted of a
criminal offense related to the grant agreement; prohibiting fees for general fund
grant administration; requiring audit of delegated authority; adding a provision
for targeted group business; limiting number of full-time employees; changing
provisions in the Veterans Preference Act; changing a provision for the IRRRB;
changing payments from the manufactured home relocation trust fund; requiring
a public hearing if a proposed interim ordinance deals with housing; modifying
health insurance provisions related to school districts and certain self-insurance
pools; requiring reports; designating parking ramp financing; establishing
Legislative Surrogacy Commission; requiring a study; increasing fine for certain
traffic violations around school buses; enhancing penalties and establishing
minimum fines for repeat violations of driving without a license; allowing
alcohol use by sensory testing services; extending funding for avian influenza
and agricultural emergency response; authorizing commissioner of corrections to
negotiate for facility to house offenders; increasing maximum sentence for felony
assault motivated by bias; prohibiting the use of unmanned vehicles near public
safety helicopters; providing for a fund transfer from the correctional industries
revolving fund to the general fund; authorizing rulemaking; appropriating
money;amending Minnesota Statutes 2014, sections 3.3005, subdivisions 3, 3b,
4, 5, 6, by adding subdivisions; 3.971, by adding a subdivision; 3.98; 3.987,
subdivision 1; 6.56, subdivision 2; 6.581, subdivision 4; 16A.103, by adding
a subdivision; 16A.1283; 16B.335, subdivision 1; 16C.03, subdivision 16;
16C.16, subdivision 5; 16E.0466; 16E.21, subdivision 2, by adding subdivisions;
62J.495, subdivision 4; 62J.496, subdivision 1; 62V.04, subdivisions 2, 3, 4;
62V.05, subdivision 2, by adding subdivisions; 62V.11, by adding a subdivision;
119B.13, subdivision 1; 144.05, by adding a subdivision; 144.293, subdivision
2; 144A.071, subdivisions 4c, 4d; 144A.073, subdivisions 13, 14, by adding a
subdivision; 144A.471, subdivision 9; 144A.611, subdivisions 1, 2, by adding a
subdivision; 144A.75, subdivisions 5, 6, 8, by adding a subdivision; 145.4716,
subdivision 2, by adding a subdivision; 145.882, subdivisions 2, 3, 7; 145.925,
subdivisions 1, 1a, by adding subdivisions; 149A.50, subdivision 2; 154.001,
subdivision 2; 154.002; 154.01; 154.02; 154.04; 154.05; 154.065, subdivisions 2,
4; 154.07; 154.08; 154.09; 154.10, subdivision 2; 154.11, subdivision 1; 154.14;
154.15; 154.161, subdivision 7; 154.162; 154.19; 154.21; 154.24; 154.25;
157.15, subdivision 14; 169.444, subdivision 2; 171.24; 197.455, subdivision
1; 243.166, subdivision 1b; 245.99, subdivision 2; 254B.03, subdivision 4;
254B.04, subdivision 2a; 254B.06, subdivision 2, by adding a subdivision;
256.01, by adding a subdivision; 256B.042, by adding a subdivision; 256B.0621,
subdivision 10; 256B.0625, by adding subdivisions; 256B.0644; 256B.0924, by
adding a subdivision; 256B.15, subdivisions 1a, 2, by adding a subdivision;
256D.051, subdivision 6b; 256L.02, by adding a subdivision; 298.22, subdivision
1; 299A.41, subdivision 3; 327.14, subdivision 8; 327C.03, subdivision 6;
327C.095, subdivisions 12, 13; 353.01, subdivision 43; 462.355, subdivision
4; 471.6161, subdivision 8; 471.617, subdivision 2; 471.895, subdivision 1;
518.175, subdivision 5; 518A.34; 518A.36; 609.3241; 626.558, subdivisions
1, 2, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections
6.481, subdivision 6; 16C.073, subdivision 2; 62V.03, subdivision 2; 144A.75,
subdivision 13; 145.4131, subdivision 1; 149A.92, subdivision 1; 154.003;
154.11, subdivision 3; 154.161, subdivision 4; 197.46; 245.735, subdivisions 3,
4; 256B.059, subdivision 5; 256B.0625, subdivisions 17a, 18a, 20; 256B.431,
subdivision 36; 256B.441, subdivisions 13, 53, 66; 256B.76, subdivisions
2, 4; 256B.766; 518A.26, subdivision 14; 518A.39, subdivision 2; 609.324,
subdivision 1; Laws 2015, chapter 65, article 1, section 18; Laws 2015, chapter
71, article 1, section 125; article 14, sections 2, subdivision 5, as amended; 4,
subdivisions 1, 3, 5, 10, 11; 9; Laws 2015, chapter 77, article 1, section 11,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapters
16A; 16B; 16C; 43A; 45; 62V; 144; 145; 148; 245A; 254B; 256B; 325E; 518A;
609; proposing coding for new law as Minnesota Statutes, chapters 147F;
153B; repealing Minnesota Statutes 2014, sections 3.886; 6.581, subdivision 1;
62V.01; 62V.02; 62V.03, subdivisions 1, 3; 62V.04; 62V.05, subdivisions 1, 2,
3, 4, 5, 9, 10; 62V.06; 62V.07; 62V.08; 62V.09; 62V.10; 62V.11, subdivisions
1, 2, 4; 144.058; 145.925, subdivision 2; 149A.92, subdivision 11; 154.03;
154.06; 154.11, subdivision 2; 154.12; 179A.50; 179A.51; 179A.52; 179A.53;
Minnesota Statutes 2015 Supplement, sections 62V.03, subdivision 2; 62V.05,
subdivisions 6, 7, 8, 11; 62V.051; Minnesota Rules, parts 7700.0010; 7700.0020;
7700.0030; 7700.0040; 7700.0050; 7700.0060; 7700.0070; 7700.0080;
7700.0090; 7700.0100; 7700.0101; 7700.0105.

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

ARTICLE 1

CONTINUING CARE

Section 1.

[62V.055] ADDITIONAL NOTICE TO APPLICANTS.

The board, in consultation with the commissioner of human services, shall include in
the combined application for medical assistance, MinnesotaCare, and qualified health plan
coverage available through the MNsure portal, information and notice on the following:

(1) that when an applicant submits the combined application, eligibility for
subsidized coverage will be determined in the following order:

(i) medical assistance;

(ii) MinnesotaCare;

(iii) advanced premium tax credits and cost-sharing subsidies; and

(iv) qualified health plan coverage without a subsidy;

(2) persons eligible for medical assistance are not eligible for MinnesotaCare, and
persons eligible for medical assistance or MinnesotaCare are not eligible for advanced
premium tax credits and cost-sharing subsidies; and

(3) if a person enrolls in medical assistance, the state may claim repayment for the
cost of medical care or premiums paid for that care from the person's estate.

Sec. 2.

Minnesota Statutes 2014, section 144A.071, subdivision 4c, is amended to read:


Subd. 4c.

Exceptions for replacement beds after June 30, 2003.

(a) The
commissioner of health, in coordination with the commissioner of human services, may
approve the renovation, replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:

(1) to license and certify an 80-bed city-owned facility in Nicollet County to be
constructed on the site of a new city-owned hospital to replace an existing 85-bed facility
attached to a hospital that is also being replaced. The threshold allowed for this project
under section 144A.073 shall be the maximum amount available to pay the additional
medical assistance costs of the new facility;

(2) to license and certify 29 beds to be added to an existing 69-bed facility in St.
Louis County, provided that the 29 beds must be transferred from active or layaway status
at an existing facility in St. Louis County that had 235 beds on April 1, 2003.

The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment
rate at that facility shall not be adjusted as a result of this transfer. The operating payment
rate of the facility adding beds after completion of this project shall be the same as it was
on the day prior to the day the beds are licensed and certified. This project shall not
proceed unless it is approved and financed under the provisions of section 144A.073;

(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of
the new beds are transferred from a 45-bed facility in Austin under common ownership
that is closed and 15 of the new beds are transferred from a 182-bed facility in Albert Lea
under common ownership; (ii) the commissioner of human services is authorized by the
2004 legislature to negotiate budget-neutral planned nursing facility closures; and (iii)
money is available from planned closures of facilities under common ownership to make
implementation of this clause budget-neutral to the state. The bed capacity of the Albert
Lea facility shall be reduced to 167 beds following the transfer. Of the 60 beds at the
new facility, 20 beds shall be used for a special care unit for persons with Alzheimer's
disease or related dementias;

(4) to license and certify up to 80 beds transferred from an existing state-owned
nursing facility in Cass County to a new facility located on the grounds of the
Ah-Gwah-Ching campus. The operating cost payment rates for the new facility shall be
determined based on the interim and settle-up payment provisions of Minnesota Rules,
part 9549.0057, and the reimbursement provisions of section 256B.431. The property
payment rate for the first three years of operation shall be $35 per day. For subsequent
years, the property payment rate of $35 per day shall be adjusted for inflation as provided
in section 256B.434, subdivision 4, paragraph (c), as long as the facility has a contract
under section 256B.434;

(5) to initiate a pilot program to license and certify up to 80 beds transferred from
an existing county-owned nursing facility in Steele County relocated to the site of a new
acute care facility as part of the county's Communities for a Lifetime comprehensive plan
to create innovative responses to the aging of its population. Upon relocation to the new
site, the nursing facility shall delicense 28 beds. The property payment rate for the first
three years of operation of
external fixed costs for the new facility shall be increased by an
amount as calculated according to items (i) to (v):

(i) compute the estimated decrease in medical assistance residents served by the
nursing facility by multiplying the decrease in licensed beds by the historical percentage
of medical assistance resident days;

(ii) compute the annual savings to the medical assistance program from the
delicensure of 28 beds by multiplying the anticipated decrease in medical assistance
residents, determined in item (i), by the existing facility's weighted average payment rate
multiplied by 365;

(iii) compute the anticipated annual costs for community-based services by
multiplying the anticipated decrease in medical assistance residents served by the nursing
facility, determined in item (i), by the average monthly elderly waiver service costs for
individuals in Steele County multiplied by 12;

(iv) subtract the amount in item (iii) from the amount in item (ii); and

(v) divide the amount in item (iv) by an amount equal to the relocated nursing
facility's occupancy factor under section 256B.431, subdivision 3f, paragraph (c),
multiplied by the historical percentage of medical assistance resident days.; and

For subsequent years, the adjusted property payment rate shall be adjusted for
inflation as provided in section 256B.434, subdivision 4, paragraph (c), as long as the
facility has a contract under section 256B.434; and

(6) to consolidate and relocate nursing facility beds to a new site in Goodhue County
and to integrate these services with other community-based programs and services under a
communities for a lifetime pilot program and comprehensive plan to create innovative
responses to the aging of its population. Eighty beds in the city of Red Wing shall be
transferred from the downsizing and relocation of an existing 84-bed, hospital-owned
nursing facility and the entire closure or downsizing of beds from a 65-bed nonprofit
nursing facility in the community resulting in the delicensure of 69 beds in the two
existing facilities
Two nursing facilities, one for 84 beds and one for 65 beds, in the city of
Red Wing licensed on July 1, 2015, shall be consolidated into a newly renovated 64-bed
nursing facility resulting in the delicensure of 85 beds
. Notwithstanding the carryforward
of the approval authority in section 144A.073, subdivision 11, the funding approved in
April 2009 by the commissioner of health for a project in Goodhue County shall not carry
forward. The closure of the 69 85 beds shall not be eligible for a planned closure rate
adjustment under section 256B.437. The construction project permitted in this clause shall
not be eligible for a threshold project rate adjustment under section 256B.434, subdivision
4f
. The property payment rate for the first three years of operation of external fixed costs for
the new facility shall be increased by an amount as calculated according to items (i) to (vi):

(i) compute the estimated decrease in medical assistance residents served by both
nursing facilities by multiplying the difference between the occupied beds of the two
nursing facilities for the reporting year ending September 30, 2009, and the projected
occupancy of the facility at 95 percent occupancy by the historical percentage of medical
assistance resident days;

(ii) compute the annual savings to the medical assistance program from the
delicensure by multiplying the anticipated decrease in the medical assistance residents,
determined in item (i), by the hospital-owned nursing facility weighted average payment
rate multiplied by 365;

(iii) compute the anticipated annual costs for community-based services by
multiplying the anticipated decrease in medical assistance residents served by the
facilities, determined in item (i), by the average monthly elderly waiver service costs for
individuals in Goodhue County multiplied by 12;

(iv) subtract the amount in item (iii) from the amount in item (ii);

(v) multiply the amount in item (iv) by 48.5 57.2 percent; and

(vi) divide the difference of the amount in item (iv) and the amount in item (v) by an
amount equal to the relocated nursing facility's occupancy factor under section 256B.431,
subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance
resident days.

For subsequent years, the adjusted property payment rate shall be adjusted for
inflation as provided in section 256B.434, subdivision 4, paragraph (c), as long as the
facility has a contract under section 256B.434.

(b) Projects approved under this subdivision shall be treated in a manner equivalent
to projects approved under subdivision 4a.

EFFECTIVE DATE.

This section is effective for rate years beginning on or after
January 1, 2017, except that the amendment to paragraph (a), clause (6), transferring the
rate adjustment in items (i) to (vi) from the property payment rate to the payment rate for
external fixed costs, is effective for rate years beginning on or after January 1, 2017, or
upon completion of the closure and new construction authorized in paragraph (a), clause
(6), whichever is later. The commissioner of human services shall notify the revisor
of statutes when the section is effective.

Sec. 3.

Minnesota Statutes 2014, section 144A.071, subdivision 4d, is amended to read:


Subd. 4d.

Consolidation of nursing facilities.

(a) The commissioner of health,
in consultation with the commissioner of human services, may approve a request for
consolidation of nursing facilities which includes the closure of one or more facilities
and the upgrading of the physical plant of the remaining nursing facility or facilities,
the costs of which exceed the threshold project limit under subdivision 2, clause (a).
The commissioners shall consider the criteria in this section, section 144A.073, and
section 256B.437, in approving or rejecting a consolidation proposal. In the event the
commissioners approve the request, the commissioner of human services shall calculate a
property
an external fixed costs rate adjustment according to clauses (1) to (3):

(1) the closure of beds shall not be eligible for a planned closure rate adjustment
under section 256B.437, subdivision 6;

(2) the construction project permitted in this clause shall not be eligible for a
threshold project rate adjustment under section 256B.434, subdivision 4f, or a moratorium
exception adjustment under section 144A.073; and

(3) the property payment rate for external fixed costs for a remaining facility or
facilities shall be increased by an amount equal to 65 percent of the projected net cost
savings to the state calculated in paragraph (b), divided by the state's medical assistance
percentage of medical assistance dollars, and then divided by estimated medical assistance
resident days, as determined in paragraph (c), of the remaining nursing facility or facilities
in the request in this paragraph. The rate adjustment is effective on the later of the first
day of the month following completion of the construction upgrades in the consolidation
plan or the first day of the month following the complete closure of a facility designated
for closure in the consolidation plan. If more than one facility is receiving upgrades in
the consolidation plan, each facility's date of construction completion must be evaluated
separately.

(b) For purposes of calculating the net cost savings to the state, the commissioner
shall consider clauses (1) to (7):

(1) the annual savings from estimated medical assistance payments from the net
number of beds closed taking into consideration only beds that are in active service on the
date of the request and that have been in active service for at least three years;

(2) the estimated annual cost of increased case load of individuals receiving services
under the elderly waiver;

(3) the estimated annual cost of elderly waiver recipients receiving support under
group residential housing;

(4) the estimated annual cost of increased case load of individuals receiving services
under the alternative care program;

(5) the annual loss of license surcharge payments on closed beds;

(6) the savings from not paying planned closure rate adjustments that the facilities
would otherwise be eligible for under section 256B.437; and

(7) the savings from not paying property external fixed costs payment rate
adjustments from submission of renovation costs that would otherwise be eligible as
threshold projects under section 256B.434, subdivision 4f.

(c) For purposes of the calculation in paragraph (a), clause (3), the estimated medical
assistance resident days of the remaining facility or facilities shall be computed assuming
95 percent occupancy multiplied by the historical percentage of medical assistance
resident days of the remaining facility or facilities, as reported on the facility's or facilities'
most recent nursing facility statistical and cost report filed before the plan of closure
is submitted, multiplied by 365.

(d) For purposes of net cost of savings to the state in paragraph (b), the average
occupancy percentages will be those reported on the facility's or facilities' most recent
nursing facility statistical and cost report filed before the plan of closure is submitted, and
the average payment rates shall be calculated based on the approved payment rates in
effect at the time the consolidation request is submitted.

(e) To qualify for the property external fixed costs payment rate adjustment under
this provision subdivision, the closing facilities shall:

(1) submit an application for closure according to section 256B.437, subdivision
3; and

(2) follow the resident relocation provisions of section 144A.161.

(f) The county or counties in which a facility or facilities are closed under this
subdivision shall not be eligible for designation as a hardship area under section 144A.071,
subdivision 3, for five years from the date of the approval of the proposed consolidation.
The applicant shall notify the county of this limitation and the county shall acknowledge
this in a letter of support.

EFFECTIVE DATE.

This section is effective for rate years beginning on or after
January 1, 2017.

Sec. 4.

Minnesota Statutes 2014, section 144A.073, subdivision 13, is amended to read:


Subd. 13.

Moratorium exception funding.

In fiscal year 2013, the commissioner
of health may approve moratorium exception projects under this section for which the
full annualized state share of medical assistance costs does not exceed $1,000,000 plus
any carryover of previous appropriations for this purpose
.

Sec. 5.

Minnesota Statutes 2014, section 144A.073, subdivision 14, is amended to read:


Subd. 14.

Moratorium exception funding.

In fiscal year 2015, the commissioner
of health may approve moratorium exception projects under this section for which the
full annualized state share of medical assistance costs does not exceed $1,000,000 plus
any carryover of previous appropriations for this purpose
.

Sec. 6.

Minnesota Statutes 2014, section 144A.073, is amended by adding a
subdivision to read:


Subd. 15.

Moratorium exception funding.

In fiscal year 2017, the commissioner
may approve moratorium exception projects under this section for which the full
annualized state share of medical assistance costs does not exceed $1,000,000 plus any
carryover of previous appropriations for this purpose.

Sec. 7.

Minnesota Statutes 2014, section 144A.611, subdivision 1, is amended to read:


Subdivision 1.

Nursing homes and certified boarding care homes.

The actual
costs of tuition and textbooks and reasonable expenses for the competency evaluation
or the nursing assistant training program and competency evaluation approved under
section 144A.61, which are paid to nursing assistants or adult training programs pursuant
to subdivision subdivisions 2 and 4, are a reimbursable expense for nursing homes
and certified boarding care homes under the provisions of chapter 256B and the rules
promulgated thereunder
section 256B.431, subdivision 36.

Sec. 8.

Minnesota Statutes 2014, section 144A.611, subdivision 2, is amended to read:


Subd. 2.

Nursing assistants Reimbursement for training program and
competency evaluation costs
.

A nursing assistant who has completed an approved
competency evaluation or an approved training program and competency evaluation
shall be reimbursed by the nursing home or certified boarding care home for actual costs
of tuition and textbooks and reasonable expenses for the competency evaluation or the
training program and competency evaluation 90 days after the date of employment, or
upon completion of the approved training program, whichever is later.

Sec. 9.

Minnesota Statutes 2014, section 144A.611, is amended by adding a
subdivision to read:


Subd. 4.

Reimbursement for adult basic education components.

(a) Nursing
facilities and certified boarding care homes shall provide reimbursement for costs related
to additional adult basic education components of an approved nursing assistant training
program, to:

(1) an adult training program that provided an approved nursing assistant training
program to an employee of the nursing facility or boarding care home; or

(2) a nursing assistant who is an employee of the nursing facility or boarding care
home and completed an approved nursing assistant training program provided by an
adult training program.

(b) For purposes of this subdivision, adult basic education components of a nursing
assistant training program must include the following, if needed: training in mathematics,
vocabulary, literacy skills, workplace skills, resume writing, and job interview skills.
Reimbursement provided under this subdivision shall not exceed 30 percent of the cost of
tuition, textbooks, and competency evaluation.

(c) An adult training program is prohibited from billing program students, nursing
facilities, or certified boarding care homes for costs under this subdivision until the
program student has been employed by the nursing facility as a certified nursing assistant
for at least 90 days.

EFFECTIVE DATE.

This section is effective for costs incurred on or after October
1, 2016.

Sec. 10.

Minnesota Statutes 2014, section 256B.042, is amended by adding a
subdivision to read:


Subd. 1a.

Additional notice to applicants.

An application for medical assistance
must include a statement, prominently displayed, that if any person on the application
enrolls in medical assistance, the state may claim repayment for the cost of medical care
or premiums paid for care from that person's estate.

Sec. 11.

Minnesota Statutes 2015 Supplement, section 256B.059, subdivision 5,
is amended to read:


Subd. 5.

Asset availability.

(a) At the time of initial determination of eligibility for
medical assistance benefits following the first continuous period of institutionalization on
or after October 1, 1989, assets considered available to the institutionalized spouse shall
be the total value of all assets in which either spouse has an ownership interest, reduced by
the following amount for the community spouse:

(1) prior to July 1, 1994, the greater of:

(i) $14,148;

(ii) the lesser of the spousal share or $70,740; or

(iii) the amount required by court order to be paid to the community spouse;

(2) for persons whose date of initial determination of eligibility for medical
assistance following their first continuous period of institutionalization occurs on or after
July 1, 1994, the greater of:

(i) $20,000;

(ii) the lesser of the spousal share or $70,740; or

(iii) the amount required by court order to be paid to the community spouse.

The value of assets transferred for the sole benefit of the community spouse under section
256B.0595, subdivision 4, in combination with other assets available to the community
spouse under this section, cannot exceed the limit for the community spouse asset
allowance determined under subdivision 3 or 4. Assets that exceed this allowance shall
be considered available to the institutionalized spouse. If the community spouse asset
allowance has been increased under subdivision 4, then the assets considered available to
the institutionalized spouse under this subdivision shall be further reduced by the value of
additional amounts allowed under subdivision 4.

(b) An institutionalized spouse may be found eligible for medical assistance even
though assets in excess of the allowable amount are found to be available under paragraph
(a) if the assets are owned jointly or individually by the community spouse, and the
institutionalized spouse cannot use those assets to pay for the cost of care without the
consent of the community spouse, and if:

(i) the institutionalized spouse assigns to the commissioner the right to support from
the community spouse under section 256B.14, subdivision 3;

(ii) the institutionalized spouse lacks the ability to execute an assignment due to a
physical or mental impairment; or

(iii) the denial of eligibility would cause an imminent threat to the institutionalized
spouse's health and well-being.; or

(iv) the assets in excess of the amount under paragraph (a) are assets owned by the
community spouse, and the denial of eligibility would cause an undue hardship to the
family due to the loss of retirement funds for the community spouse or funds protected for
the postsecondary education of a child under age 25. For purposes of this clause, only
retirement assets held by the community spouse in a tax-deferred retirement account,
including a defined benefit plan, defined contribution plan, an employer-sponsored
individual retirement arrangement, or individually purchased individual retirement
arrangement are protected, and are only protected until the community spouse is eligible to
withdraw retirement funds from any or all accounts without penalty. For purposes of this
clause, only funds in a plan designated under section 529 of the Internal Revenue Code
on behalf of a child of either or both spouses who is under the age of 25 are protected.
There shall not be an assignment of spousal support to the commissioner or a cause of
action against the individual's spouse under section 256B.14, subdivision 3, for the funds
in the protected retirement and college savings accounts.

(c) After the month in which the institutionalized spouse is determined eligible for
medical assistance, during the continuous period of institutionalization, no assets of the
community spouse are considered available to the institutionalized spouse, unless the
institutionalized spouse has been found eligible under paragraph (b).

(d) Assets determined to be available to the institutionalized spouse under this
section must be used for the health care or personal needs of the institutionalized spouse.

(e) For purposes of this section, assets do not include assets excluded under the
Supplemental Security Income program.

EFFECTIVE DATE.

This section is effective June 1, 2016.

Sec. 12.

Minnesota Statutes 2014, section 256B.15, subdivision 1a, is amended to read:


Subd. 1a.

Estates subject to claims.

(a) If a person receives any medical assistance
hereunder, on the person's death, if single, or on the death of the survivor of a married
couple, either or both of whom received medical assistance, or as otherwise provided
for in this section, the total amount paid for medical assistance rendered for the person
and spouse shall be filed as a claim against the estate of the person or the estate of the
surviving spouse in the court having jurisdiction to probate the estate or to issue a decree
of descent according to sections 525.31 to 525.313.

(b) For the purposes of this section, the person's estate must consist of:

(1) the person's probate estate;

(2) all of the person's interests or proceeds of those interests in real property the
person owned as a life tenant or as a joint tenant with a right of survivorship at the time of
the person's death;

(3) all of the person's interests or proceeds of those interests in securities the person
owned in beneficiary form as provided under sections 524.6-301 to 524.6-311 at the time
of the person's death, to the extent the interests or proceeds of those interests become part
of the probate estate under section 524.6-307;

(4) all of the person's interests in joint accounts, multiple-party accounts, and
pay-on-death accounts, brokerage accounts, investment accounts, or the proceeds of
those accounts, as provided under sections 524.6-201 to 524.6-214 at the time of the
person's death to the extent the interests become part of the probate estate under section
524.6-207; and

(5) assets conveyed to a survivor, heir, or assign of the person through survivorship,
living trust, or other arrangements.

(c) For the purpose of this section and recovery in a surviving spouse's estate for
medical assistance paid for a predeceased spouse, the estate must consist of all of the legal
title and interests the deceased individual's predeceased spouse had in jointly owned or
marital property at the time of the spouse's death, as defined in subdivision 2b, and the
proceeds of those interests, that passed to the deceased individual or another individual, a
survivor, an heir, or an assign of the predeceased spouse through a joint tenancy, tenancy
in common, survivorship, life estate, living trust, or other arrangement. A deceased
recipient who, at death, owned the property jointly with the surviving spouse shall have
an interest in the entire property.

(d) For the purpose of recovery in a single person's estate or the estate of a survivor
of a married couple, "other arrangement" includes any other means by which title to all or
any part of the jointly owned or marital property or interest passed from the predeceased
spouse to another including, but not limited to, transfers between spouses which are
permitted, prohibited, or penalized for purposes of medical assistance.

(e) A claim shall be filed if medical assistance was rendered for either or both
persons under one of the following circumstances:

(1) the person was over 55 years of age, and received services under this chapter
prior to January 1, 2014;

(2) the person resided in a medical institution for six months or longer, received
services under this chapter, and, at the time of institutionalization or application for
medical assistance, whichever is later, the person could not have reasonably been expected
to be discharged and returned home, as certified in writing by the person's treating
physician. For purposes of this section only, a "medical institution" means a skilled
nursing facility, intermediate care facility, intermediate care facility for persons with
developmental disabilities, nursing facility, or inpatient hospital; or

(3) the person received general assistance medical care services under chapter
256D.; or

(4) the person was 55 years of age or older and received medical assistance
services on or after January 1, 2014, that consisted of nursing facility services, home and
community-based services, or related hospital and prescription drug benefits.

(f) The claim shall be considered an expense of the last illness of the decedent for
the purpose of section 524.3-805. Notwithstanding any law or rule to the contrary, a
state or county agency with a claim under this section must be a creditor under section
524.6-307. Any statute of limitations that purports to limit any county agency or the state
agency, or both, to recover for medical assistance granted hereunder shall not apply to any
claim made hereunder for reimbursement for any medical assistance granted hereunder.
Notice of the claim shall be given to all heirs and devisees of the decedent, and to other
persons with an ownership interest in the real property owned by the decedent at the time
of the decedent's death, whose identity can be ascertained with reasonable diligence. The
notice must include procedures and instructions for making an application for a hardship
waiver under subdivision 5; time frames for submitting an application and determination;
and information regarding appeal rights and procedures. Counties are entitled to one-half
of the nonfederal share of medical assistance collections from estates that are directly
attributable to county effort. Counties are entitled to ten percent of the collections for
alternative care directly attributable to county effort.

EFFECTIVE DATE.

This section is effective upon federal approval and applies
retroactively to services rendered on or after January 1, 2014.

Sec. 13.

Minnesota Statutes 2014, section 256B.15, is amended by adding a
subdivision to read:


Subd. 1l.

Amending notices or liens arising out of notice.

(a) State agencies must
amend notices of potential claims and liens arising from the notices, if the notice was filed
after January 1, 2014, for medical assistance services rendered on or after January 1, 2014,
to a recipient who at the time services were rendered was 55 years of age or older and who
was not institutionalized as described in subdivision 1a, paragraph (e).

(b) The notices identified in paragraph (a) must be amended by removing the
amount of medical assistance rendered that did not consist of nursing facility services,
home and community-based services, as defined in subdivision 1a and related hospital
and prescription drug services.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 14.

Minnesota Statutes 2014, section 256B.15, subdivision 2, is amended to read:


Subd. 2.

Limitations on claims.

(a) For services rendered prior to January 1, 2014,
the claim shall include only the total amount of medical assistance rendered after age 55 or
during a period of institutionalization described in subdivision 1a, paragraph (e), and the
total amount of general assistance medical care rendered, and shall not include interest.

(b) For services rendered on or after January 1, 2014, the claim shall include only:

(1) the amount of medical assistance rendered to recipients 55 years of age or older
and that consisted of nursing facility services, home and community-based services, and
related hospital and prescription drug services; and

(2) the total amount of medical assistance rendered during a period of
institutionalization described in subdivision 1a, paragraph (e).

The claim shall not include interest. For the purposes of this section, "home and
community-based services" has the same meaning it has when used in United States Code,
title 42, section 1396p, subsection (b), paragraph (1), subparagraph (B), clause (i).

(c) Claims that have been allowed but not paid shall bear interest according to
section 524.3-806, paragraph (d). A claim against the estate of a surviving spouse who did
not receive medical assistance, for medical assistance rendered for the predeceased spouse,
shall be payable from the full value of all of the predeceased spouse's assets and interests
which are part of the surviving spouse's estate under subdivisions 1a and 2b. Recovery of
medical assistance expenses in the nonrecipient surviving spouse's estate is limited to the
value of the assets of the estate that were marital property or jointly owned property at any
time during the marriage. The claim is not payable from the value of assets or proceeds of
assets in the estate attributable to a predeceased spouse whom the individual married after
the death of the predeceased recipient spouse for whom the claim is filed or from assets
and the proceeds of assets in the estate which the nonrecipient decedent spouse acquired
with assets which were not marital property or jointly owned property after the death of
the predeceased recipient spouse. Claims for alternative care shall be net of all premiums
paid under section 256B.0913, subdivision 12, on or after July 1, 2003, and shall be
limited to services provided on or after July 1, 2003. Claims against marital property shall
be limited to claims against recipients who died on or after July 1, 2009.

EFFECTIVE DATE.

This section is effective upon federal approval and applies to
services rendered on or after January 1, 2014.

Sec. 15.

Minnesota Statutes 2015 Supplement, section 256B.431, subdivision 36,
is amended to read:


Subd. 36.

Employee scholarship costs and training in English as a second
language.

(a) For the period between July 1, 2001, and June 30, 2003, the commissioner
shall provide to each nursing facility reimbursed under this section, section 256B.434,
or any other section, a scholarship per diem of 25 cents to the total operating payment
rate. For the 27-month period beginning October 1, 2015, through December 31, 2017,
the commissioner shall allow a scholarship per diem of up to 25 cents for each nursing
facility with no scholarship per diem that is requesting a scholarship per diem to be added
to the external fixed payment rate to be used:

(1) for employee scholarships that satisfy the following requirements:

(i) scholarships are available to all employees who work an average of at least
ten hours per week at the facility except the administrator, and to reimburse student
loan expenses for newly hired and recently graduated registered nurses and licensed
practical nurses, and training expenses for nursing assistants as defined specified in section
144A.611, subdivision subdivisions 2 and 4, who are newly hired and have graduated
within the last 12 months; and

(ii) the course of study is expected to lead to career advancement with the facility or
in long-term care, including medical care interpreter services and social work; and

(2) to provide job-related training in English as a second language.

(b) All facilities may annually request a rate adjustment under this subdivision by
submitting information to the commissioner on a schedule and in a form supplied by the
commissioner. The commissioner shall allow a scholarship payment rate equal to the
reported and allowable costs divided by resident days.

(c) In calculating the per diem under paragraph (b), the commissioner shall allow
costs related to tuition, direct educational expenses, and reasonable costs as defined by the
commissioner for child care costs and transportation expenses related to direct educational
expenses.

(d) The rate increase under this subdivision is an optional rate add-on that the facility
must request from the commissioner in a manner prescribed by the commissioner. The
rate increase must be used for scholarships as specified in this subdivision.

(e) For instances in which a rate adjustment will be 15 cents or greater, nursing
facilities that close beds during a rate year may request to have their scholarship
adjustment under paragraph (b) recalculated by the commissioner for the remainder of the
rate year to reflect the reduction in resident days compared to the cost report year.

Sec. 16.

Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 13,
is amended to read:


Subd. 13.

External fixed costs.

"External fixed costs" means costs related to the
nursing home surcharge under section 256.9657, subdivision 1; licensure fees under
section 144.122; family advisory council fee under section 144A.33; scholarships under
section 256B.431, subdivision 36; planned closure rate adjustments under section
256B.437; consolidation rate adjustments under section 144A.071, subdivisions 4c,
paragraph (a), clauses (5) and (6), and 4d;
single bed room incentives under section
256B.431, subdivision 42; property taxes, assessments, and payments in lieu of taxes;
employer health insurance costs; quality improvement incentive payment rate adjustments
under subdivision 46c; performance-based incentive payments under subdivision 46d;
special dietary needs under subdivision 51b; and PERA.

Sec. 17.

Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 53,
is amended to read:


Subd. 53.

Calculation of payment rate for external fixed costs.

The commissioner
shall calculate a payment rate for external fixed costs.

(a) For a facility licensed as a nursing home, the portion related to section 256.9657
shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care
home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the
result of its number of nursing home beds divided by its total number of licensed beds.

(b) The portion related to the licensure fee under section 144.122, paragraph (d),
shall be the amount of the fee divided by actual resident days.

(c) The portion related to development and education of resident and family advisory
councils under section 144A.33 shall be $5 divided by 365.

(d) The portion related to scholarships shall be determined under section 256B.431,
subdivision 36.

(e) The portion related to planned closure rate adjustments shall be as determined
under section 256B.437, subdivision 6, and Minnesota Statutes 2010, section 256B.436.

(f) The portion related to consolidation rate adjustments shall be as determined under
section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.

(f) (g) The single bed room incentives shall be as determined under section
256B.431, subdivision 42.

(g) (h) The portions related to real estate taxes, special assessments, and payments
made in lieu of real estate taxes directly identified or allocated to the nursing facility shall
be the actual amounts divided by actual resident days.

(h) (i) The portion related to employer health insurance costs shall be the allowable
costs divided by resident days.

(i) (j) The portion related to the Public Employees Retirement Association shall
be actual costs divided by resident days.

(j) (k) The portion related to quality improvement incentive payment rate
adjustments shall be as determined under subdivision 46c.

(k) (l) The portion related to performance-based incentive payments shall be as
determined under subdivision 46d.

(l) (m) The portion related to special dietary needs shall be the per diem amount
determined under subdivision 51b.

(m) (n) The payment rate for external fixed costs shall be the sum of the amounts in
paragraphs (a) to (l) (m).

Sec. 18.

Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 66,
is amended to read:


Subd. 66.

Nursing facilities in border cities.

(a) Rate increases under this section
for a facility located in Breckenridge are
effective for the rate year beginning January 1,
2016, and annually thereafter,. Rate increases under this section for a facility located in
Moorhead are effective for the rate year beginning January 1, 2020, and annually thereafter.

(b) Operating payment rates of a nonprofit nursing facility that exists on January
1, 2015, is located anywhere within the boundaries of the city cities of Breckenridge or
Moorhead
, and is reimbursed under this section, section 256B.431, or section 256B.434,
shall be adjusted to be equal to the median RUG's rates, including comparable rate
components as determined by the commissioner, for the equivalent RUG's weight of the
nonprofit nursing facility or facilities located in an adjacent city in another state and in
cities contiguous to the adjacent city. The commissioner must make the comparison
required under this subdivision on October 1 of each year. The adjustment under this
subdivision applies to the rates effective on the following January 1.

(c) The Minnesota facility's operating payment rate with a weight of 1.0 shall be
computed by dividing the adjacent city's nursing facilities median operating payment rate
with a weight of 1.02 by 1.02. If the adjustments under this subdivision result in a rate that
exceeds the limits in subdivisions 50 and 51 in a given rate year, the facility's rate shall
not be subject to those limits for that rate year.
If a facility's rate is increased under this
subdivision, the facility is not subject to the total care-related limit in subdivision 50 and is
not limited to the other operating price established in subdivision 51.
This subdivision
shall apply only if it results in a higher operating payment rate than would otherwise be
determined under this section, section 256B.431, or section 256B.434.

Sec. 19. EMPLOYMENT SERVICES PILOT PROJECT; DAKOTA COUNTY.

(a) Within available appropriations, the commissioner of human services shall
request, by October 1, 2016, necessary federal authority from the Centers for Medicare
and Medicaid Services to implement a community-based employment services pilot
project in Dakota County. The pilot project must be available to people who are receiving
services through home and community-based waivers authorized under Minnesota
Statutes, sections 256B.092 and 256B.49, using a rate methodology consistent with the
principles under Minnesota Statutes, section 256B.4914.

(b) Dakota County shall be:

(1) responsible for any portion of the state match of waiver expenses above the
established disability waiver rates under Minnesota Statutes, section 256B.4914; and

(2) allocated resources for supportive employment services incurred by the use of
employment exploration services, employment development services, and employment
support services in Dakota County for Dakota County residents.

(c) The pilot project must provide the following employment services to people
receiving services through the home and community-based services waivers authorized
under Minnesota Statutes, sections 256B.092 and 256B.49:

(1) "employment exploration services" defined as community-based orientation
services that introduce a person to competitive employment opportunities in their
community through individualized educational activities, learning opportunities, work
experiences, and support services that result in the person making an informed decision
about working in competitively paying jobs in community businesses;

(2) "employment development services" defined as individualized services that
actively support a person to achieve paid employment in his or her community by assisting
the person with finding paid employment, becoming self-employed, or establishing
microenterprise businesses in the community; and

(3) "employment support services" defined as individualized services and supports
that assist people with maintaining competitive, integrated employment by providing a
broad range of training, coaching, and support strategies that not only assist individuals
and work groups employed in paid job positions, but also support people working in
self-employment opportunities and microenterprise businesses with all aspects of effective
business operations. Employment support services must be provided in integrated
community settings.

(d) The commissioner of human services shall consult with Dakota County on
this pilot project and report the results of the project to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services policy and
finance by January 15, 2019.

EFFECTIVE DATE.

This section is effective July 1, 2016, or upon federal
approval, whichever is later, and expires on January 15, 2019. The commissioner of
human services shall notify the revisor of statutes when federal approval is obtained.

Sec. 20. REVISOR'S INSTRUCTION.

The revisor of statutes, in consultation with the Department of Human Services,
shall change the cross-references in Minnesota Rules, chapters 2960, 9503, and 9525,
resulting from the repealer adopted in rules found at 40 State Register 179. The revisor
may make technical and other necessary changes to sentence structure to preserve the
meaning of the text.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 2

HEALTH CARE

Section 1.

[256B.0562] IMPROVED OVERSIGHT OF MNSURE ELIGIBILITY
DETERMINATIONS.

Subdivision 1.

Implementation of OLA findings.

(a) The commissioner shall
ensure that medical assistance and MinnesotaCare eligibility determinations through the
MNsure information technology system and through agency eligibility determination
systems fully implement the recommendations made by the Office of the Legislative
Auditor (OLA) in Report 14-22 -- Oversight of MNsure Eligibility Determinations
for Public Health Care Programs and Report 16-02 Oversight of MNsure Eligibility
Determinations for Public Health Care Programs -- Internal Controls and Compliance Audit.

(b) The commissioner may contract with a vendor to provide technical assistance to
the commissioner in fully implementing the OLA report findings.

(c) The commissioner shall coordinate implementation of this section with the
periodic data matching required under section 256B.0561.

(d) The commissioner shall implement this section using existing resources.

Subd. 2.

Duties of the commissioner.

(a) In fully implementing the OLA report
recommendations, the commissioner shall:

(1) adequately verify that persons enrolled in public health care programs through
MNsure are eligible for those programs;

(2) provide adequate controls to ensure the accurate and complete transfer of
recipient data from MNsure to the Department of Human Services' medical payment
system, and to detect whether Office of MN.IT Services staff inappropriately access
recipients' personal information;

(3) provide county human service eligibility workers with sufficient training on
MNsure;

(4) reverify that medical assistance and MinnesotaCare enrollees who enroll through
MNsure remain eligible for the program within the required time frames established
in federal and state laws;

(5) establish an effective process to resolve discrepancies with Social Security
numbers, citizenship or immigration status, or household income that MNsure identifies
as needing further verification;

(6) eliminate payment of medical assistance and MinnesotaCare benefits for
recipients whose income exceeds federal and state program limits;

(7) verify household size and member relationships when determining eligibility;

(8) ensure that applicants and recipients are enrolled in the correct public health
care program;

(9) eliminate payment of benefits for MinnesotaCare recipients who are also
enrolled in Medicare;

(10) verify that newborns turning age one remain eligible for medical assistance;

(11) correct MinnesotaCare billing errors, ensure that enrollees pay their premiums,
and terminate coverage for failure to pay premiums; and

(12) take all other steps necessary to fully implement the recommendations.

(b) The commissioner shall implement the OLA recommendations for medical
assistance and MinnesotaCare applications and renewals submitted on or after July 1, 2016.
The commissioner shall present quarterly reports to the OLA and the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance, beginning October 1, 2016, and each quarter thereafter. The
quarterly report submitted October 1, 2016, must include a timetable for fully implementing
the OLA recommendations. Each quarterly report must include information on:

(1) progress in implementing the OLA recommendations;

(2) the number of medical assistance and MinnesotaCare applicants and enrollees
whose eligibility status was affected by implementation of the OLA recommendations,
reported quarterly, beginning with the July 1, 2016 through September 30, 2016 calendar
quarter; and

(3) savings to the state from implementing the OLA recommendations.

Subd. 3.

Office of Legislative Auditor.

The legislative auditor shall review each
quarterly report submitted by the commissioner of human services under subdivision 2
for accuracy and shall review compliance by the Department of Human Services with the
OLA report recommendations. The legislative auditor shall notify the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance on whether or not these requirements are met.

Subd. 4.

Special revenue account; use of savings.

(a) A medical assistance audit
special revenue account is established in the general fund. The commissioner shall
deposit into this account: (1) all savings achieved from implementing this section for
applications and renewals submitted on or after July 1, 2016; (2) all savings achieved
from implementation of periodic data matching under section 256B.0561 that are
above the forecasted savings for that initiative; and (3) all state savings resulting from
implementation of the vendor contract under section 256B.0563, minus any payments to
the vendor made under the terms of the revenue sharing agreement.

(b) Once the medical assistance audit special revenue account fund balance has
reached a sufficient level, the commissioner shall provide a onetime, five percent increase
in medical assistance payment rates for intermediate care facilities for persons with
developmental disabilities and the long-term care and community-based providers listed
in Laws 2014, chapter 312, article 27, section 75, paragraph (b). The increase shall be
limited to a 12-month period.

(c) Any further expenditures from the medical assistance audit special revenue
account are subject to legislative authorization.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

[256B.0563] ELIGIBILITY VERIFICATION.

Subdivision 1.

Verification required; vendor contract.

(a) The commissioner shall
ensure that medical assistance and MinnesotaCare eligibility determinations through the
MNsure information technology system and through agency eligibility determination
systems include the computerized verification of income, residency, identity, and, when
applicable, assets.

(b) The commissioner shall contract with a vendor to verify the eligibility of all
persons enrolled in medical assistance and MinnesotaCare during a specified audit period.
This contract shall be exempt from sections 16C.08, subdivision 2, clause (1); 16C.09,
paragraph (a), clause (1); 43A.047, paragraph (a), and any other law to the contrary.

(c) The contract must require the vendor to comply with enrollee data privacy
requirements and to use encryption to safeguard enrollee identity. The contract must also
provide penalties for vendor noncompliance.

(d) The contract must include a revenue sharing agreement, under which vendor
compensation is limited to a portion of any savings to the state resulting from the vendor's
implementation of eligibility verification initiatives under this section.

(e) The commissioner shall use existing resources to fund any agency administrative
and technology-related costs incurred as a result of implementing this section.

Subd. 2.

Verification process; vendor duties.

(a) The verification process
implemented by the vendor must include, but is not limited to, data matches of the
name, date of birth, address, and Social Security number of each medical assistance and
MinnesotaCare enrollee against relevant information in federal and state data sources,
including the federal data hub established under the Affordable Care Act. In designing the
verification process, the vendor, to the extent feasible, shall incorporate procedures that are
compatible and coordinated with, and build upon or improve, existing procedures used by
the MNsure information technology system and agency eligibility determination systems.

(b) The vendor, upon preliminary determination that an enrollee is eligible or
ineligible, shall notify the commissioner. Within 20 business days of this notification, the
commissioner shall accept the preliminary determination or reject it with a stated reason.
The commissioner shall retain final authority over eligibility determinations. The vendor
shall keep a record of all preliminary determinations of ineligibility communicated to
the commissioner.

(c) The vendor shall recommend to the commissioner an eligibility verification
process that will allow ongoing verification of enrollee eligibility under the MNsure
information technology system and agency eligibility determination systems.

(d) The commissioner and the vendor, following the conclusion of the initial
contract period, shall jointly submit an eligibility verification audit report to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services policy and finance. The report shall include, but is not limited to,
information, in the form of unidentified summary data, on preliminary determinations
of eligibility or ineligibility communicated by the vendor; the actions taken on those
preliminary determinations by the commissioner; and the commissioner's reasons for
rejecting preliminary determinations by the vendor. The report must also include the
recommendations for ongoing verification of enrollee eligibility required under paragraph
(c).

(e) An eligibility verification vendor contract shall be awarded for an initial one-year
period. The commissioner shall renew the contract for up to three additional one-year
periods and require additional eligibility verification audits, if the commissioner or the
legislative auditor determines that the MNsure information technology system and agency
eligibility determination systems cannot effectively verify the eligibility of medical
assistance and MinnesotaCare enrollees.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 17a,
is amended to read:


Subd. 17a.

Payment for ambulance services.

(a) Medical assistance covers
ambulance services. Providers shall bill ambulance services according to Medicare
criteria. Nonemergency ambulance services shall not be paid as emergencies. Effective
for services rendered on or after July 1, 2001, medical assistance payments for ambulance
services shall be paid at the Medicare reimbursement rate or at the medical assistance
payment rate in effect on July 1, 2000, whichever is greater.

(b) Effective for services provided on or after July 1, 2016, medical assistance
payment rates for ambulance services identified in this paragraph are increased by five
percent. Capitation payments made to managed care plans and county-based purchasing
plans for ambulance services provided on or after January 1, 2017, shall be adjusted to
reflect this rate increase. The increased rate described in this paragraph applies to:

(1) an ambulance service provider whose base of operations, as defined in section
144E.10, is located outside the metropolitan counties listed in section 473.121, subdivision
4, and outside the cities of Duluth, Mankato, Moorhead, St. Cloud, and Rochester; or

(2) an ambulance service provider whose base of operations, as defined in section
144E.10, is located within a municipality with a population of less than 1,000.

Sec. 4.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:


Subd. 60a.

Community emergency medical technician services.

(a) Medical
assistance covers services provided by a community emergency medical technician
(CEMT) who is certified under section 144E.275, subdivision 7, when the services are
provided in accordance with this subdivision.

(b) A CEMT may provide a posthospital discharge visit when ordered by a treating
physician. The posthospital discharge visit includes:

(1) verbal or visual reminders of discharge orders;

(2) recording and reporting of vital signs to the patient's primary care provider;

(3) medication access confirmation;

(4) food access confirmation; and

(5) identification of home hazards.

(c) Individuals who have repeat ambulance calls due to falls, have been discharged
from a nursing home, or have been identified by their primary care provider as at risk
for nursing home placement may receive a safety evaluation visit from a CEMT when
ordered by a primary care provider in accordance with the individual's care plan. A safety
evaluation visit includes:

(1) medication access confirmation;

(2) food access confirmation; and

(3) identification of home hazards.

(d) A CEMT shall be paid at $9.75 per 15-minute increment. A safety evaluation visit
may not be billed for the same day as a posthospital discharge visit for the same recipient.

EFFECTIVE DATE.

This section is effective January 1, 2017, or upon federal
approval, whichever is later.

Sec. 5.

Minnesota Statutes 2014, section 256B.0644, is amended to read:


256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE
PROGRAMS.

(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a
health maintenance organization, as defined in chapter 62D, must participate as a provider
or contractor in the medical assistance program and MinnesotaCare as a condition of
participating as a provider in health insurance plans and programs or contractor for state
employees established under section 43A.18, the public employees insurance program
under section 43A.316, for health insurance plans offered to local statutory or home
rule charter city, county, and school district employees, the workers' compensation
system under section 176.135, and insurance plans provided through the Minnesota
Comprehensive Health Association under sections 62E.01 to 62E.19. The limitations
on insurance plans offered to local government employees shall not be applicable in
geographic areas where provider participation is limited by managed care contracts
with the Department of Human Services. This section does not apply to dental service
providers providing dental services outside the seven-county metropolitan area.

(b) For providers other than health maintenance organizations, participation in the
medical assistance program means that:

(1) the provider accepts new medical assistance and MinnesotaCare patients;

(2) for providers other than dental service providers, at least 20 percent of the
provider's patients are covered by medical assistance and MinnesotaCare as their primary
source of coverage; or

(3) for dental service providers providing dental services in the seven-county
metropolitan area
, at least ten percent of the provider's patients are covered by medical
assistance and MinnesotaCare as their primary source of coverage, or the provider accepts
new medical assistance and MinnesotaCare patients who are children with special health
care needs. For purposes of this section, "children with special health care needs" means
children up to age 18 who: (i) require health and related services beyond that required
by children generally; and (ii) have or are at risk for a chronic physical, developmental,
behavioral, or emotional condition, including: bleeding and coagulation disorders;
immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities;
epilepsy, cerebral palsy, and other neurological diseases; visual impairment or deafness;
Down syndrome and other genetic disorders; autism; fetal alcohol syndrome; and other
conditions designated by the commissioner after consultation with representatives of
pediatric dental providers and consumers.

(c) Patients seen on a volunteer basis by the provider at a location other than
the provider's usual place of practice may be considered in meeting the participation
requirement in this section. The commissioner shall establish participation requirements
for health maintenance organizations. The commissioner shall provide lists of participating
medical assistance providers on a quarterly basis to the commissioner of management and
budget, the commissioner of labor and industry, and the commissioner of commerce. Each
of the commissioners shall develop and implement procedures to exclude as participating
providers in the program or programs under their jurisdiction those providers who do
not participate in the medical assistance program. The commissioner of management
and budget shall implement this section through contracts with participating health and
dental carriers.

(d) A volunteer dentist who has signed a volunteer agreement under section
256B.0625, subdivision 9a, shall not be considered to be participating in medical
assistance or MinnesotaCare for the purpose of this section.

Sec. 6.

Minnesota Statutes 2015 Supplement, section 256B.76, subdivision 2, is
amended to read:


Subd. 2.

Dental reimbursement.

(a) Effective for services rendered on or after
October 1, 1992, the commissioner shall make payments for dental services as follows:

(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25
percent above the rate in effect on June 30, 1992; and

(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above increases.

(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments
shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.

(c) Effective for services rendered on or after January 1, 2000, payment rates for
dental services shall be increased by three percent over the rates in effect on December
31, 1999.

(d) Effective for services provided on or after January 1, 2002, payment for
diagnostic examinations and dental x-rays provided to children under age 21 shall be the
lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.

(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1,
2000, for managed care.

(f) Effective for dental services rendered on or after October 1, 2010, by a
state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based
on the Medicare principles of reimbursement. This payment shall be effective for services
rendered on or after January 1, 2011, to recipients enrolled in managed care plans or
county-based purchasing plans.

(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics
in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal
year, a supplemental state payment equal to the difference between the total payments
in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated
services for the operation of the dental clinics.

(h) If the cost-based payment system for state-operated dental clinics described in
paragraph (f) does not receive federal approval, then state-operated dental clinics shall be
designated as critical access dental providers under subdivision 4, paragraph (b), and shall
receive the critical access dental reimbursement rate as described under subdivision 4,
paragraph (a).

(i) Effective for services rendered on or after September 1, 2011, through June 30,
2013, payment rates for dental services shall be reduced by three percent. This reduction
does not apply to state-operated dental clinics in paragraph (f).

(j) Effective for services rendered on or after January 1, 2014, payment rates for
dental services shall be increased by five percent from the rates in effect on December
31, 2013. This increase does not apply to state-operated dental clinics in paragraph (f),
federally qualified health centers, rural health centers, and Indian health services. Effective
January 1, 2014, payments made to managed care plans and county-based purchasing
plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase
described in this paragraph.

(k) Effective for services rendered on or after July 1, 2015, through December
31, 2016,
the commissioner shall increase payment rates for services furnished by
dental providers located outside of the seven-county metropolitan area by the maximum
percentage possible above the rates in effect on June 30, 2015, while remaining within
the limits of funding appropriated for this purpose. This increase does not apply to
state-operated dental clinics in paragraph (f), federally qualified health centers, rural health
centers, and Indian health services. Effective January 1, 2016, through December 31,
2016,
payments to managed care plans and county-based purchasing plans under sections
256B.69 and 256B.692 shall reflect the payment increase described in this paragraph. The
commissioner shall require managed care and county-based purchasing plans to pass on
the full amount of the increase, in the form of higher payment rates to dental providers
located outside of the seven-county metropolitan area.

(l) Effective for services provided on or after January 1, 2017, the commissioner
shall increase payment rates by 9.65 percent above the rates in effect on June 30, 2015,
for dental services provided outside of the seven-county metropolitan area. This increase
does not apply to state-operated dental clinics in paragraph (f), federally qualified health
centers, rural health centers, or Indian health services. Effective January 1, 2017,
payments to managed care plans and county-based purchasing plans under sections
256B.69 and 256B.692 shall reflect the payment increase described in this paragraph.

Sec. 7.

Minnesota Statutes 2015 Supplement, section 256B.76, subdivision 4, is
amended to read:


Subd. 4.

Critical access dental providers.

(a) Effective for dental services rendered
on or after January 1, 2002,
The commissioner shall increase reimbursements to dentists
and dental clinics deemed by the commissioner to be critical access dental providers. For
dental services rendered on or after July 1, 2007 2016, the commissioner shall increase
reimbursement by 35 36 percent above the reimbursement rate that would otherwise
be paid to the critical access dental provider, except as specified under paragraph (b).
For dental services rendered on or after July 1, 2017, the commissioner shall increase
reimbursement by 37 percent above the reimbursement rate that would otherwise be
paid to the critical access dental provider, except as specified in paragraph (b).
The
commissioner shall pay the managed care plans and county-based purchasing plans in
amounts sufficient to reflect increased reimbursements to critical access dental providers
as approved by the commissioner.

(b) For dental services rendered on or after July 1, 2016, by a dental clinic or dental
group that meets the critical access dental provider designation under paragraph (d),
clause (4), and is owned and operated by a health maintenance organization licensed under
chapter 62D, the commissioner shall increase reimbursement by 35 percent above the
reimbursement rate that would otherwise be paid to the critical access provider.

(b) (c) Critical access dental payments made under paragraph (a) or (b) for dental
services provided by a critical access dental provider to an enrollee of a managed care plan
or county-based purchasing plan must not reflect any capitated payments or cost-based
payments from the managed care plan or county-based purchasing plan. The managed
care plan or county-based purchasing plan must base the additional critical access dental
payment on the amount that would have been paid for that service had the dental provider
been paid according to the managed care plan or county-based purchasing plan's fee
schedule that applies to dental providers that are not paid under a capitated payment
or cost-based payment.

(d) The commissioner shall designate the following dentists and dental clinics as
critical access dental providers:

(1) nonprofit community clinics that:

(i) have nonprofit status in accordance with chapter 317A;

(ii) have tax exempt status in accordance with the Internal Revenue Code, section
501(c)(3);

(iii) are established to provide oral health services to patients who are low income,
uninsured, have special needs, and are underserved;

(iv) have professional staff familiar with the cultural background of the clinic's
patients;

(v) charge for services on a sliding fee scale designed to provide assistance to
low-income patients based on current poverty income guidelines and family size;

(vi) do not restrict access or services because of a patient's financial limitations
or public assistance status; and

(vii) have free care available as needed;

(2) federally qualified health centers, rural health clinics, and public health clinics;

(3) city or county hospital-based dental clinics owned and operated hospital-based
dental clinics
by a city, county, or former state hospital as defined in section 62Q.19,
subdivision 1, paragraph (a), clause (4)
;

(4) a dental clinic or dental group owned and operated by a nonprofit corporation in
accordance with chapter 317A with more than 10,000 patient encounters per year with
patients who are uninsured or covered by medical assistance or MinnesotaCare;

(5) a dental clinic owned and operated by the University of Minnesota or the
Minnesota State Colleges and Universities system; and

(6) private practicing dentists if:

(i) the dentist's office is located within a health professional shortage area as defined
under Code of Federal Regulations, title 42, part 5, and United States Code, title 42,
section 254E;

(ii) more the seven-county metropolitan area and more than 50 percent of the
dentist's patient encounters per year are with patients who are uninsured or covered by
medical assistance or MinnesotaCare; and or

(iii) the level of service provided by the dentist is critical to maintaining adequate
levels of patient access within the service area in which the dentist operates.

(ii) the dentist's office is located outside the seven-county metropolitan area and
more than 25 percent of the dentist's patient encounters per year are with patients who are
uninsured or covered by medical assistance or MinnesotaCare.

Sec. 8.

Minnesota Statutes 2015 Supplement, section 256B.766, is amended to read:


256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.

(a) Effective for services provided on or after July 1, 2009, total payments for basic
care services, shall be reduced by three percent, except that for the period July 1, 2009,
through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
assistance and general assistance medical care programs, prior to third-party liability and
spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical
therapy services, occupational therapy services, and speech-language pathology and
related services as basic care services. The reduction in this paragraph shall apply to
physical therapy services, occupational therapy services, and speech-language pathology
and related services provided on or after July 1, 2010.

(b) Payments made to managed care plans and county-based purchasing plans shall
be reduced for services provided on or after October 1, 2009, to reflect the reduction
effective July 1, 2009, and payments made to the plans shall be reduced effective October
1, 2010, to reflect the reduction effective July 1, 2010.

(c) Effective for services provided on or after September 1, 2011, through June 30,
2013, total payments for outpatient hospital facility fees shall be reduced by five percent
from the rates in effect on August 31, 2011.

(d) Effective for services provided on or after September 1, 2011, through June
30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies
and durable medical equipment not subject to a volume purchase contract, prosthetics
and orthotics, renal dialysis services, laboratory services, public health nursing services,
physical therapy services, occupational therapy services, speech therapy services,
eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume
purchase contract, and anesthesia services shall be reduced by three percent from the
rates in effect on August 31, 2011.

(e) Effective for services provided on or after September 1, 2014, payments
for ambulatory surgery centers facility fees, hospice services, renal dialysis services,
laboratory services, public health nursing services, eyeglasses not subject to a volume
purchase contract, and hearing aids not subject to a volume purchase contract shall be
increased by three percent and payments for outpatient hospital facility fees shall be
increased by three percent. Payments made to managed care plans and county-based
purchasing plans shall not be adjusted to reflect payments under this paragraph.

(f) Payments for medical supplies and durable medical equipment not subject to a
volume purchase contract, and prosthetics and orthotics, provided on or after July 1, 2014,
through June 30, 2015, shall be decreased by .33 percent. Payments for medical supplies
and durable medical equipment not subject to a volume purchase contract, and prosthetics
and orthotics, provided on or after July 1, 2015, shall be increased by three percent from
the rates as determined under paragraph (i).

(g) Effective for services provided on or after July 1, 2015, payments for outpatient
hospital facility fees, medical supplies and durable medical equipment not subject to a
volume purchase contract, prosthetics and orthotics, and laboratory services to a hospital
meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause (4),
shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments made
to managed care plans and county-based purchasing plans shall not be adjusted to reflect
payments under this paragraph.

(h) This section does not apply to physician and professional services, inpatient
hospital services, family planning services, mental health services, dental services,
prescription drugs, medical transportation, federally qualified health centers, rural health
centers, Indian health services, and Medicare cost-sharing.

(i) Effective July 1, 2015, the medical assistance payment rate for durable medical
equipment, prosthetics, orthotics, or supplies shall be restored to the January 1, 2008,
medical assistance fee schedule, updated to include subsequent rate increases in the
Medicare and medical assistance fee schedules, and including
following categories of
durable medical equipment shall be
individually priced items for the following categories:
enteral nutrition and supplies, customized and other specialized tracheostomy tubes and
supplies, electric patient lifts, and durable medical equipment repair and service. This
paragraph does not apply to medical supplies and durable medical equipment subject to
a volume purchase contract, products subject to the preferred diabetic testing supply
program, and items provided to dually eligible recipients when Medicare is the primary
payer for the item. The commissioner shall not apply any medical assistance rate
reductions to durable medical equipment as a result of Medicare competitive bidding.

(j) Effective July 1, 2015, medical assistance payment rates for durable medical
equipment, prosthetics, orthotics, or supplies shall be increased as follows:

(1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies
that were subject to the Medicare 2008 competitive bid shall be increased by 9.5 percent;
and

(2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies
on the medical assistance fee schedule, whether or not subject to the Medicare 2008
competitive bid, shall be increased by 2.94 percent, with this increase being applied after
calculation of any increased payment rate under clause (1).

This paragraph does not apply to medical supplies and durable medical equipment subject
to a volume purchase contract, products subject to the preferred diabetic testing supply
program, items provided to dually eligible recipients when Medicare is the primary payer
for the item, and individually priced items identified in paragraph (i). Payments made to
managed care plans and county-based purchasing plans shall not be adjusted to reflect the
rate increases in this paragraph.

EFFECTIVE DATE.

This section is effective retroactively from July 1, 2015.

Sec. 9. PROHIBITION ON USE OF FUNDS.

Subdivision 1.

Use of funds.

Funding for state-sponsored health programs shall not
be used for funding abortions, except to the extent necessary for continued participation in
a federal program. This subdivision applies only to state-sponsored health programs that
are administered by the commissioner of human services. For purposes of this section,
abortion has the meaning given in Minnesota Statutes, section 144.343, subdivision 3.

Subd. 2.

Severability.

If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends
that it would have passed this section, and each provision, section, subdivision, sentence,
clause, phrase, or word irrespective of the fact that any one provision, section, subdivision,
sentence, clause, phrase, or word is declared unconstitutional.

ARTICLE 3

MNSURE

Section 1.

[45.0131] LEGISLATIVE ENACTMENT REQUIRED.

Subdivision 1.

Agency agreements.

The commissioner of commerce shall not
enter into or renew any interagency agreement or service level agreement with a value of
more than $100,000 a year, or related agreements with a cumulative value of more than
$100,000 a year, with a state department, state agency, or the Office of MN.IT Services,
unless the specific agreement is authorized by enactment of a new law. If an agreement,
including an agreement in effect as of the effective date of this section, does not have a
specific expiration date, the agreement shall expire two years from the effective date of
this section or the effective date of the agreement, whichever is later, unless the specific
agreement is authorized by enactment of a new law.

Subd. 2.

Transfers.

Notwithstanding section 16A.285, the commissioner shall not
transfer appropriations and funds in amounts over $100,000 across agency accounts or
programs, unless the specific transfer is authorized by enactment of a new law.

Subd. 3.

Definitions.

For purposes of this section, "state department" has the
meaning provided in section 15.01, and "state agency" has the meaning provided in
section 15.012.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2015 Supplement, section 62V.03, subdivision 2, is
amended to read:


Subd. 2.

Application of other law.

(a) MNsure must be reviewed by the legislative
auditor under section 3.971. The legislative auditor shall audit the books, accounts, and
affairs of MNsure once each year or less frequently as the legislative auditor's funds and
personnel permit. Upon the audit of the financial accounts and affairs of MNsure, MNsure
is liable to the state for the total cost and expenses of the audit, including the salaries paid
to the examiners while actually engaged in making the examination. The legislative
auditor may bill MNsure either monthly or at the completion of the audit. All collections
received for the audits must be deposited in the general fund and are appropriated to
the legislative auditor. Pursuant to section 3.97, subdivision 3a, the Legislative Audit
Commission is requested to direct the legislative auditor to report by March 1, 2014, to
the legislature on any duplication of services that occurs within state government as a
result of the creation of MNsure. The legislative auditor may make recommendations on
consolidating or eliminating any services deemed duplicative. The board shall reimburse
the legislative auditor for any costs incurred in the creation of this report.

(b) Board members of MNsure are subject to sections 10A.07 and 10A.09. Board
members and the personnel of MNsure are subject to section 10A.071.

(c) All meetings of the board and of the Minnesota Eligibility System Executive
Steering Committee established under section 62V.056
shall comply with the open
meeting law in chapter 13D.

(d) The board and the Web site are exempt from chapter 60K. Any employee of
MNsure who sells, solicits, or negotiates insurance to individuals or small employers must
be licensed as an insurance producer under chapter 60K.

(e) Section 3.3005 applies to any federal funds received by MNsure.

(f) A MNsure decision that requires a vote of the board, other than a decision that
applies only to hiring of employees or other internal management of MNsure, is an
"administrative action" under section 10A.01, subdivision 2.

Sec. 3.

Minnesota Statutes 2014, section 62V.04, subdivision 2, is amended to read:


Subd. 2.

Appointment.

(a) Board membership of MNsure consists of the following:

(1) three members appointed by the governor with the advice and consent of both the
senate and the house of representatives acting separately in accordance with paragraph (d),
with one member representing the interests of individual consumers eligible for individual
market coverage, one member representing individual consumers eligible for public health
care program coverage, and one member representing small employers. Members are
appointed to serve four-year terms following the initial staggered-term lot determination;

(2) three members appointed by the governor with the advice and consent of both the
senate and the house of representatives acting separately in accordance with paragraph (d)
who have demonstrated expertise, leadership, and innovation in the following areas: one
member representing the areas of health administration, health care finance, health plan
purchasing, and health care delivery systems; one member representing the areas of public
health, health disparities, public health care programs, and the uninsured; and one member
representing health policy issues related to the small group and individual markets.
Members are appointed to serve four-year terms following the initial staggered-term lot
determination; and

(3) the commissioner of human services or a designee one member representing the
interests of the general public, appointed by the governor with the advice and consent of
both the senate and the house of representatives acting in accordance with paragraph (d).
A member appointed under this clause shall serve a four-year term
.

(b) Section 15.0597 shall apply to all appointments, except for the commissioner.

(c) The governor shall make appointments to the board that are consistent with
federal law and regulations regarding its composition and structure. All board members
appointed by the governor must be legal residents of Minnesota.

(d) Upon appointment by the governor, a board member shall exercise duties of
office immediately. If both the house of representatives and the senate vote not to confirm
an appointment, the appointment terminates on the day following the vote not to confirm
in the second body to vote.

(e) Initial appointments shall be made by April 30, 2013.

(f) One of the six members appointed under paragraph (a), clause (1) or (2), must
have experience in representing the needs of vulnerable populations and persons with
disabilities.

(g) Membership on the board must include representation from outside the
seven-county metropolitan area, as defined in section 473.121, subdivision 2.

Sec. 4.

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


Subd. 3.

Terms.

(a) Board members may serve no more than two consecutive
terms, except for the commissioner or the commissioner's designee, who shall serve
until replaced by the governor
.

(b) A board member may resign at any time by giving written notice to the board.

(c) The appointed members under subdivision 2, paragraph (a), clauses (1) and (2),
shall have an initial term of two, three, or four years, determined by lot by the secretary of
state.

Sec. 5.

Minnesota Statutes 2014, section 62V.04, subdivision 4, is amended to read:


Subd. 4.

Conflicts of interest.

(a) Within one year prior to or at any time during
their appointed term, board members appointed under subdivision 2, paragraph (a),
clauses (1) and (2), shall not be employed by, be a member of the board of directors of, or
otherwise be a representative of a health carrier, institutional health care provider or other
entity providing health care, navigator, insurance producer, or other entity in the business
of selling items or services of significant value to or through MNsure. For purposes of this
paragraph, "health care provider or entity" does not include an academic institution.

(b) Board members must recuse themselves from discussion of and voting on an
official matter if the board member has a conflict of interest. A conflict of interest means
an association including a financial or personal association that has the potential to bias or
have the appearance of biasing a board member's decisions in matters related to MNsure
or the conduct of activities under this chapter.

(c) No board member shall have a spouse who is an executive of a health carrier.

(d) No member of the board may currently serve as a lobbyist, as defined under
section 10A.01, subdivision 21.

Sec. 6.

Minnesota Statutes 2014, section 62V.05, subdivision 2, is amended to read:


Subd. 2.

Operations funding.

(a) Prior to January 1, 2015, MNsure shall retain or
collect up to 1.5 percent of total premiums for individual and small group market health
plans and dental plans sold through MNsure to fund the cash reserves of MNsure, but
the amount collected shall not exceed a dollar amount equal to 25 percent of the funds
collected under section 62E.11, subdivision 6, for calendar year 2012.

(b) Beginning January 1, 2015, MNsure shall retain or collect up to 3.5 percent of
total premiums for individual and small group market health plans and dental plans sold
through MNsure to fund the operations of MNsure, but the amount collected shall not
exceed a dollar amount equal to 50 percent of the funds collected under section 62E.11,
subdivision 6
, for calendar year 2012.

(c) Beginning January 1, 2016, through December 31, 2016, MNsure shall retain or
collect up to 3.5 percent of total premiums for individual and small group market health
plans and dental plans sold through MNsure to fund the operations of MNsure, but the
amount collected may never exceed a dollar amount greater than 100 percent of the funds
collected under section 62E.11, subdivision 6, for calendar year 2012
.

(d) For fiscal years 2014 and 2015, the commissioner of management and budget is
authorized to provide cash flow assistance of up to $20,000,000 from the special revenue
fund or the statutory general fund under section 16A.671, subdivision 3, paragraph (a),
to MNsure. Any funds provided under this paragraph shall be repaid, with interest, by
June 30, 2015.

(b) Beginning January 1, 2017, through December 31, 2017, MNsure shall retain or
collect up to 1.75 percent of total premiums for individual and small group market health
plans and dental plans sold through MNsure to fund the operation of MNsure.

(c) If an independent third party makes the certification specified in this paragraph,
MNsure shall retain or collect up to 1.75 percent of total premiums for individual and small
group market health plans and dental plans sold through MNsure to fund the operations of
MNsure. This paragraph applies to a calendar year beginning on or after January 1, 2018,
if in the previous calendar year the independent third party certified that MNsure met all
of the following operational and technological benchmarks for the previous calendar year:

(1) on a daily basis, MNsure successfully transferred to health carriers data in the
EDI 834 format that were complete and accurate according to industry standards and that
allowed the health carrier to enroll the consumer in the qualified health plan chosen by
the consumer;

(2) MNsure automatically processed enrollment renewals in qualified health plans
and in public health care programs;

(3) MNsure automatically processed invoices for and payments of MinnesotaCare
premiums;

(4) MNsure provided self-service functionality for account changes and changes
necessitated by qualifying life events, including adding or removing household members,
making changes to address or income, canceling coverage, and accessing online proof of
coverage forms required by federal law;

(5) MNsure transmitted 1095-A forms to enrollees by January 31 each year, or
earlier if required by federal law; and

(6) MNsure call center response and resolution times met or exceeded industry
standards.

(d) Beginning January 1, 2018, for any calendar year for which the independent
third party did not make the certification specified in paragraph (c) for the previous
calendar year, MNsure shall retain or collect up to 1.5 percent of total premiums for
individual and small group market health plans and dental plans sold through MNsure to
fund the operation of MNsure.

(e) Funding for the operations of MNsure shall cover any compensation provided to
navigators participating in the navigator program.

(f) The amount collected by MNsure in a calendar year under this subdivision shall
not exceed a dollar amount greater than 60 percent of the funds collected under section
62E.11, subdivision 6, for calendar year 2012.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 7.

Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision
to read:


Subd. 4a.

Processing qualifying life events and changes in circumstances.

(a) The MNsure board and the commissioner of human services shall jointly develop
procedures to require qualifying life events and changes in circumstances, reported by
persons enrolled through the Minnesota eligibility technology system in a public health
care program or a qualified health plan, to be processed within 30 days of receiving a report
of a qualifying life event or change in circumstances. The procedures must be developed
and implemented no later than September 1, 2016. The commissioner shall communicate
these procedures to county staff in a timely manner and shall provide guidance and
training as necessary to assist county staff in complying with this subdivision.

(b) For purposes of this subdivision, a qualifying life event or change in
circumstances that must be processed within 30 days includes the following:

(1) a change of address;

(2) a change in enrollment in a federally recognized tribe;

(3) a change of a dependent through birth, adoption, foster care, or a child support
order;

(4) a change in circumstances resulting in eligibility changes for advanced premium
tax credits or cost-sharing reductions;

(5) a change in employer-sponsored insurance resulting in eligibility changes for
advanced premium tax credits or cost-sharing reductions;

(6) loss of a dependent due to death or divorce;

(7) an achievement of citizenship, status as a United States national, or lawfully
present status;

(8) loss of health care coverage;

(9) marriage;

(10) being a victim of domestic abuse or spousal abandonment;

(11) a MNsure mistake related to enrollment, disenrollment, or failure to enroll
in a qualified health plan;

(12) a violation of a material provision of a qualified health plan contract; and

(13) other life events or changes in circumstances specified by the commissioner or
the MNsure board.

Sec. 8.

Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision
to read:


Subd. 12.

Legislative enactment required.

(a) The MNsure board shall not enter
into or renew any interagency agreement or service level agreement with a value of
more than $100,000 a year, or related agreements with a cumulative value of more than
$100,000 a year, with a state department, state agency, or the Office of MN.IT Services,
unless the specific agreement is authorized by enactment of a new law. If an agreement,
including an agreement in effect as of the effective date of this subdivision, does not have
an expiration date, the agreement shall expire two years from the effective date of this
subdivision or the effective date of the agreement, whichever is later, unless the specific
agreement is authorized by enactment of a new law.

(b) Notwithstanding section 16A.285, the board shall not transfer appropriations and
funds in amounts over $100,000 across agency accounts or programs unless the specific
transfer is authorized by enactment of a new law.

(c) For purposes of this subdivision, "state department" has the meaning provided in
section 15.01, and "state agency" has the meaning provided in section 15.012.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9.

Minnesota Statutes 2014, section 62V.05, is amended by adding a subdivision
to read:


Subd. 13.

Limitation on appropriations and transfers.

Notwithstanding any other
law to the contrary, effective July 1, 2016, no money in or from the general fund, health
care access fund, or any other state fund or account, may be: (1) appropriated or made
available to MNsure; or (2) transferred or otherwise provided to MNsure by any other
state agency or entity of state government, unless the appropriation, transfer, or transaction
is specifically authorized through the enactment of a new law.

Sec. 10.

[62V.056] MINNESOTA ELIGIBILITY SYSTEM EXECUTIVE
STEERING COMMITTEE.

Subdivision 1.

Definition; Minnesota eligibility system.

For purposes of this
section, "Minnesota eligibility system" means the system that supports eligibility
determinations using a modified adjusted gross income methodology for medical
assistance under section 256B.056, subdivision 1a, paragraph (b), clause (1);
MinnesotaCare under chapter 256L; and qualified health plan enrollment under section
62V.05, subdivision 5, paragraph (c).

Subd. 2.

Establishment; committee membership.

The Minnesota Eligibility
System Executive Steering Committee is established to govern and administer the
Minnesota eligibility system. The steering committee shall be composed of one member
appointed by the commissioner of human services, one member appointed by the
board, one member appointed jointly by the Association of Minnesota Counties and
the Minnesota Inter-County Association, and one nonvoting member appointed by the
commissioner of MN.IT services who shall serve as the committee chairperson. Steering
committee costs must be paid from the budgets of the Department of Human Services, the
Office of MN.IT Services, and MNsure.

Subd. 3.

Duties.

(a) The Minnesota Eligibility System Executive Steering
Committee shall establish an overall governance structure for the Minnesota eligibility
system and shall be responsible for the overall governance of the system, including setting
system goals and priorities, allocating the system's resources, making major system
decisions, and tracking total funding and expenditures for the system from all sources.
The steering committee shall also report to the Legislative Oversight Committee on a
quarterly basis on Minnesota eligibility system funding and expenditures, including
amounts received in the most recent quarter by funding source and expenditures made in
the most recent quarter by funding source.

(b) The steering committee shall adopt bylaws, policies, and interagency agreements
necessary to administer the Minnesota eligibility system.

(c) In making decisions, the steering committee shall give particular attention to the
parts of the system with the largest enrollments and the greatest risks.

Subd. 4.

Meetings.

(a) All meetings of the steering committee must:

(1) be held in the State Office Building; and

(2) whenever possible, be available on the legislature's Web site for live streaming
and downloading over the Internet.

(b) The steering committee must:

(1) as part of every steering committee meeting, provide the opportunity for oral
and written public testimony and comments on steering committee governance of the
Minnesota eligibility system; and

(2) provide documents under discussion or review by the steering committee to be
electronically posted on the legislature's Web site. Documents must be provided and
posted prior to the meeting at which the documents are scheduled for review or discussion.

(c) All votes of the steering committee must be recorded, with each member's vote
identified.

Subd. 5.

Administrative structure.

The Office of MN.IT Services shall
be responsible for the design, build, maintenance, operation, and upgrade of the
information technology for the Minnesota eligibility system. The office shall carry out its
responsibilities under the governance of the steering committee, this section, and chapter
16E.

Sec. 11.

Minnesota Statutes 2014, section 62V.11, is amended by adding a subdivision
to read:


Subd. 5.

Review of Minnesota eligibility system funding and expenditures.

The
committee shall review quarterly reports submitted by the Minnesota Eligibility System
Executive Steering Committee under section 62V.055, subdivision 3, regarding Minnesota
eligibility system funding and expenditures.

Sec. 12.

Minnesota Statutes 2014, section 144.05, is amended by adding a subdivision
to read:


Subd. 6.

Legislative enactment required.

(a) The commissioner of health shall not
enter into or renew any interagency agreement or service level agreement with a value of
more than $100,000 a year, or related agreements with a cumulative value of more than
$100,000 a year, with a state department, state agency, or the Office of MN.IT Services,
unless the specific agreement is authorized by enactment of a new law. If an agreement,
including an agreement in effect as of the effective date of this subdivision, does not have
an expiration date, the agreement shall expire two years from the effective date of this
subdivision or the effective date of the agreement, whichever is later, unless the specific
agreement is authorized by enactment of a new law.

(b) Notwithstanding section 16A.285, the commissioner shall not transfer
appropriations and funds in amounts over $100,000 across agency accounts or programs
unless the specific transfer is authorized by enactment of a new law.

(c) For purposes of this subdivision, "state department" has the meaning provided in
section 15.01, and "state agency" has the meaning provided in section 15.012.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13.

Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
to read:


Subd. 41.

Legislative enactment required.

(a) The commissioner of human
services shall not enter into or renew any interagency agreement or service level agreement
with a value of more than $100,000 a year, or related agreements with a cumulative value
of more than $100,000 a year, with a state department, state agency, or the Office of
MN.IT Services, unless the specific agreement is authorized by enactment of a new law. If
an agreement, including an agreement in effect as of the effective date of this subdivision,
does not have an expiration date, the agreement shall expire two years from the effective
date of this subdivision or the effective date of the agreement, whichever is later, unless
the specific agreement is authorized by enactment of a new law.

(b) Notwithstanding section 16A.285, the commissioner shall not transfer
appropriations and funds in amounts over $100,000 across agency accounts or programs
unless the specific transfer is authorized by enactment of a new law.

(c) For purposes of this subdivision, "state department" has the meaning provided in
section 15.01, and "state agency" has the meaning provided in section 15.012.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 14.

Minnesota Statutes 2014, section 256L.02, is amended by adding a subdivision
to read:


Subd. 7.

Federal waiver.

The commissioner shall apply for an innovation waiver
under section 1332 of the Affordable Care Act, or any other applicable federal waiver, to
allow persons eligible for MinnesotaCare the option of declining MinnesotaCare coverage
and instead accessing advanced premium tax credits and cost-sharing reductions through
the purchase of qualified health plans through MNsure or outside of MNsure directly from
health plan companies. The commissioner shall submit this federal waiver request within
nine months of the effective date of this subdivision. The commissioner shall coordinate
this waiver request with the waiver request required by Laws 2015, chapter 71, article 12,
section 8. The commissioner shall submit a draft waiver proposal to the MNsure board and
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance at least 30 days before submitting a final
waiver proposal to the federal government. The commissioner shall notify the board and
the chairs and ranking minority members of any federal decision or action related to the
proposal. If federal approval is granted, the commissioner shall submit to the legislature
draft legislation and fiscal estimates necessary to implement the approved proposal.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 15. FEDERAL-STATE ELIGIBILITY DETERMINATION AND
ENROLLMENT SYSTEM FOR INSURANCE AFFORDABILITY PROGRAMS.

Subdivision 1.

Waiver request.

(a) The commissioner of human services, in
consultation with the MNsure board, commissioner of commerce, and commissioner
of health, shall apply for an innovation waiver under section 1332 of the Affordable
Care Act, or any other applicable federal waiver, to establish and operate a federal-state
eligibility determination and enrollment system for state insurance affordability programs
for coverage beginning January 1, 2018. The federal-state eligibility determination and
enrollment system shall take the place of MNsure established under Minnesota Statutes,
chapter 62V. Under the federal-state eligibility determination and enrollment system:

(1) eligibility determinations and enrollment for persons applying for or renewing
coverage under medical assistance and MinnesotaCare shall be conducted by the
commissioner of human services; and

(2) enrollment in qualified health plans and eligibility determinations for any
applicable advanced premium tax credits and cost-sharing reductions shall be conducted
by the federally facilitated marketplace.

(b) For purposes of this section, "state insurance affordability programs" means
medical assistance, MinnesotaCare, and qualified health plan coverage with any applicable
advanced premium tax credits and cost-sharing reductions.

(c) The federal-state eligibility determination and enrollment system must
incorporate an asset test for adults without children who qualify for medical assistance
under Minnesota Statutes, section 256B.055, subdivision 15, or MinnesotaCare under
Minnesota Statutes, chapter 256L, under which a household of two or more persons must
not own more than $20,000 in total net assets and a household of one person must not
own more than $10,000 in total net assets.

Subd. 2.

Requirements of waiver application.

In designing the federal-state
eligibility determination and enrollment system and developing the waiver application,
the commissioner shall:

(1) seek to incorporate, where appropriate and cost-effective, elements of
the MNsure eligibility determination system and eligibility determination systems
administered by the commissioner of human services;

(2) coordinate the waiver request with the waiver requests required by Minnesota
Statutes, section 256L.02, subdivision 7, if enacted, and with the waiver request required
by Laws 2015, chapter 71, article 12, section 8;

(3) regularly consult with stakeholder groups, including but not limited to
representatives of state and county agencies, health care providers, health plan companies,
brokers, and consumers; and

(4) seek all available federal grants and funds for state planning and development
costs.

Subd. 3.

Vendor contract; use of existing resources.

The commissioner of
human services, in consultation with the chief information officer of MN.IT, may contract
with a vendor to provide technical assistance in developing the waiver request. The
commissioner shall develop the waiver request and enter into any contract for technical
assistance using existing resources.

Subd. 4.

Reports to legislative committees.

The commissioner of human services
shall report to the chairs and ranking minority members of the legislative committees with
jurisdiction over commerce and health and human services policy and finance by January
1, 2017, on progress in seeking the waiver required by this section, and shall notify these
chairs and ranking minority members of any federal decision related to the waiver request.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 16. REVISOR'S INSTRUCTION.

The revisor of statutes shall change cross-references to sections in Minnesota
Statutes and Minnesota Rules that are repealed in this article when appropriate. The
revisor may make technical and other necessary changes to sentence structure to preserve
the meaning of the text.

Sec. 17. REPEALER.

(a) Minnesota Statutes 2014, sections 62V.01; 62V.02; 62V.03, subdivisions 1 and 3;
62V.04; 62V.05, subdivisions 1, 2, 3, 4, 5, 9, and 10; 62V.06; 62V.07; 62V.08; 62V.09;
62V.10; and 62V.11, subdivisions 1, 2, and 4,
are repealed.

(b) Minnesota Statutes 2015 Supplement, sections 62V.03, subdivision 2; 62V.05,
subdivisions 6, 7, 8, and 11; and 62V.051,
are repealed.

(c) Minnesota Rules, parts 7700.0010; 7700.0020; 7700.0030; 7700.0040;
7700.0050; 7700.0060; 7700.0070; 7700.0080; 7700.0090; 7700.0100; 7700.0101; and
7700.0105,
are repealed.

EFFECTIVE DATE.

This section is effective upon approval of the waiver request
to establish and operate a federal-state eligibility determination and enrollment system, or
January 1, 2018, whichever is later. The commissioner of human services shall notify the
revisor of statutes when the waiver request is approved.

ARTICLE 4

HEALTH DEPARTMENT

Section 1.

Minnesota Statutes 2014, section 62J.495, subdivision 4, is amended to read:


Subd. 4.

Coordination with national HIT activities.

(a) The commissioner,
in consultation with the e-Health Advisory Committee, shall update the statewide
implementation plan required under subdivision 2 and released June 2008, to be consistent
with the updated Federal HIT Strategic Plan released by the Office of the National
Coordinator in accordance with section 3001 of the HITECH Act. The statewide plan
shall meet the requirements for a plan required under section 3013 of the HITECH Act.

(b) The commissioner, in consultation with the e-Health Advisory Committee,
shall work to ensure coordination between state, regional, and national efforts to support
and accelerate efforts to effectively use health information technology to improve the
quality and coordination of health care and the continuity of patient care among health
care providers, to reduce medical errors, to improve population health, to reduce health
disparities, and to reduce chronic disease. The commissioner's coordination efforts shall
include but not be limited to:

(1) assisting in the development and support of health information technology
regional extension centers established under section 3012(c) of the HITECH Act to
provide technical assistance and disseminate best practices; and

(2) providing supplemental information to the best practices gathered by regional
centers to ensure that the information is relayed in a meaningful way to the Minnesota
health care community;

(3) providing financial and technical support to Minnesota health care providers to
encourage implementation of admission, discharge, and transfer alerts and care summary
document exchange transactions, and to evaluate the impact of health information
technology on cost and quality of care. Communications about available financial and
technical support shall include clear information about the interoperable electronic health
record requirements in subdivision 1, including a separate statement in boldface type
clarifying the exceptions to those requirements;

(4) providing educational resources and technical assistance to health care providers
and patients related to state and national privacy, security, and consent laws governing
clinical health information, including the requirements of sections 144.291 to 144.298. In
carrying out these activities, the commissioner's technical assistance does not constitute
legal advice; and

(5) assessing Minnesota's legal, financial, and regulatory framework for health
information exchange, including the requirements of sections 144.291 to 144.298, and
making recommendations for modifications that would strengthen the ability of Minnesota
health care providers to securely exchange data in compliance with patient preferences
and in a way that is efficient and financially sustainable
.

(c) The commissioner, in consultation with the e-Health Advisory Committee, shall
monitor national activity related to health information technology and shall coordinate
statewide input on policy development. The commissioner shall coordinate statewide
responses to proposed federal health information technology regulations in order to ensure
that the needs of the Minnesota health care community are adequately and efficiently
addressed in the proposed regulations. The commissioner's responses may include, but
are not limited to:

(1) reviewing and evaluating any standard, implementation specification, or
certification criteria proposed by the national HIT standards committee;

(2) reviewing and evaluating policy proposed by the national HIT policy committee
relating to the implementation of a nationwide health information technology infrastructure;

(3) monitoring and responding to activity related to the development of quality
measures and other measures as required by section 4101 of the HITECH Act. Any
response related to quality measures shall consider and address the quality efforts required
under chapter 62U; and

(4) monitoring and responding to national activity related to privacy, security, and
data stewardship of electronic health information and individually identifiable health
information.

(d) To the extent that the state is either required or allowed to apply, or designate an
entity to apply for or carry out activities and programs under section 3013 of the HITECH
Act, the commissioner of health, in consultation with the e-Health Advisory Committee
and the commissioner of human services, shall be the lead applicant or sole designating
authority. The commissioner shall make such designations consistent with the goals and
objectives of sections 62J.495 to 62J.497 and 62J.50 to 62J.61.

(e) The commissioner of human services shall apply for funding necessary to
administer the incentive payments to providers authorized under title IV of the American
Recovery and Reinvestment Act.

(f) The commissioner shall include in the report to the legislature information on the
activities of this subdivision and provide recommendations on any relevant policy changes
that should be considered in Minnesota.

Sec. 2.

Minnesota Statutes 2014, section 62J.496, subdivision 1, is amended to read:


Subdivision 1.

Account establishment.

(a) An account is established to:

(1) finance the purchase of certified electronic health records or qualified electronic
health records as defined in section 62J.495, subdivision 1a;

(2) enhance the utilization of electronic health record technology, which may include
costs associated with upgrading the technology to meet the criteria necessary to be a
certified electronic health record or a qualified electronic health record;

(3) train personnel in the use of electronic health record technology; and

(4) improve the secure electronic exchange of health information.

(b) Amounts deposited in the account, including any grant funds obtained through
federal or other sources, loan repayments, and interest earned on the amounts shall
be used only for awarding loans or loan guarantees, as a source of reserve and security
for leveraged loans, for activities authorized in section 62J.495, subdivision 4, or for
the administration of the account.

(c) The commissioner may accept contributions to the account from private sector
entities subject to the following provisions:

(1) the contributing entity may not specify the recipient or recipients of any loan
issued under this subdivision;

(2) the commissioner shall make public the identity of any private contributor to the
loan fund, as well as the amount of the contribution provided;

(3) the commissioner may issue letters of commendation or make other awards that
have no financial value to any such entity; and

(4) a contributing entity may not specify that the recipient or recipients of any loan
use specific products or services, nor may the contributing entity imply that a contribution
is an endorsement of any specific product or service.

(d) The commissioner may use the loan funds to reimburse private sector entities
for any contribution made to the loan fund. Reimbursement to private entities may not
exceed the principle amount contributed to the loan fund.

(e) The commissioner may use funds deposited in the account to guarantee, or
purchase insurance for, a local obligation if the guarantee or purchase would improve
credit market access or reduce the interest rate applicable to the obligation involved.

(f) The commissioner may use funds deposited in the account as a source of revenue
or security for the payment of principal and interest on revenue or general obligation
bonds issued by the state if the proceeds of the sale of the bonds will be deposited into
the loan fund.

(h) The commissioner shall not award new loans or loan guarantees after July 1, 2016.

Sec. 3.

[144.1912] GREATER MINNESOTA FAMILY MEDICINE RESIDENCY
GRANT PROGRAM.

Subdivision 1.

Definitions.

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

(b) "Commissioner" means the commissioner of health.

(c) "Eligible family medicine residency program" means a program that meets the
following criteria:

(1) is located in Minnesota outside the seven-county metropolitan area as defined in
section 473.121, subdivision 4;

(2) is accredited as a family medicine residency program or is a candidate for
accreditation;

(3) is focused on the education and training of family medicine physicians to serve
communities outside the metropolitan area; and

(4) demonstrates that over the most recent three years, at least 25 percent of its
graduates practice in Minnesota communities outside the metropolitan area.

Subd. 2.

Program administration.

(a) The commissioner shall award family
medicine residency grants to existing, eligible, not-for-profit family medicine residency
programs to support current and new residency positions. Funds shall be allocated first to
proposed new family medicine residency positions, and remaining funds shall be allocated
proportionally based on the number of existing residents in eligible programs. The
commissioner may fund a new residency position for up to three years.

(b) Grant funds awarded may only be spent to cover the costs of:

(1) establishing, maintaining, or expanding training for family medicine residents;

(2) recruitment, training, and retention of residents and faculty;

(3) travel and lodging for residents; and

(4) faculty, resident, and preceptor salaries.

(c) Grant funds shall not be used to supplant any other government or private funds
available for these purposes.

Subd. 3.

Applications.

Eligible family medicine residency programs seeking a
grant must apply to the commissioner. The application must include objectives, a related
work plan and budget, a description of the number of new and existing residency positions
that will be supported using grant funds, and additional information the commissioner
determines to be necessary. The commissioner shall determine whether applications are
complete and responsive and may require revisions or additional information before
awarding a grant.

Subd. 4.

Program oversight.

The commissioner may require and collect from
family medicine residency programs receiving grants any information necessary to
administer and evaluate the program.

Sec. 4.

Minnesota Statutes 2014, section 144.293, subdivision 2, is amended to read:


Subd. 2.

Patient consent to release of records.

(a) A provider, or a person who
receives health records from a provider, may not release a patient's health records to a
person without:

(1) a signed and dated consent from the patient or the patient's legally authorized
representative authorizing the release;

(2) specific authorization in law; or

(3) a representation from a provider that holds a signed and dated consent from the
patient authorizing the release.

(b) Any consent form signed by a patient must include an option to indicate "yes" or
"no" to individual items for which the provider is requesting consent. The provider may not
condition the patient's receipt of treatment on the patient's willingness to release records.

Sec. 5.

[144.7011] PRESCRIPTION DRUG PRICE REPORTING.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following definitions
apply.

(b) "Available discount" means any reduction in the usual and customary price
offered for a 30-day supply of a prescription drug to individuals in Minnesota regardless
of their health insurance coverage.

(c) "Retail pharmacy" means any pharmacy licensed under section 151.19, and in
the community/outpatient category under Minnesota Rules, part 6800.0350, that has a
physical presence in Minnesota.

(d) "Retail price" means the price maintained by pharmacies as the usual and
customary price offered for a 30-day supply to individuals in Minnesota regardless of
the individual's health insurance coverage.

Subd. 2.

Prescription drug price information reporting.

By July 1, 2017, the
commissioner of health shall establish an interactive Web site that allows retail pharmacies,
on a voluntary basis, to list retail prices and available discounts for one or more of the 150
most commonly dispensed prescription drugs in Minnesota. The Web site must report the
retail prices for prescription drugs by participating pharmacy and any time period restriction
on an available discount. The Web site must allow consumers to search for prescription
drug retail prices by drug name and class, by available discount level, and by city, county,
and zip code. The commissioner shall consult annually with the commissioner of human
services to determine the list of the 150 most commonly filled prescription drugs, based on
prescription drug utilization in the medical assistance and MinnesotaCare programs.

Subd. 3.

Pharmacy duties.

Beginning on June 1, 2017, and on a monthly basis
thereafter, all participating retail pharmacies shall submit retail prices and available
discounts to the commissioner using a form developed by the commissioner. A
retail pharmacy may opt out of the reporting system at any time, but shall notify the
commissioner at least 60 days prior to opting out.

Subd. 4.

External vendors.

In carrying out the duties of this section, the
commissioner may contract with an outside vendor for collection of data from pharmacies,
and may also contract with an outside vendor for development and hosting of the
interactive application, if this contract complies with the requirements of section 16E.016,
paragraph (c).

Sec. 6.

Minnesota Statutes 2014, section 144A.471, subdivision 9, is amended to read:


Subd. 9.

Exclusions from home care licensure.

The following are excluded from
home care licensure and are not required to provide the home care bill of rights:

(1) an individual or business entity providing only coordination of home care that
includes one or more of the following:

(i) determination of whether a client needs home care services, or assisting a client
in determining what services are needed;

(ii) referral of clients to a home care provider;

(iii) administration of payments for home care services; or

(iv) administration of a health care home established under section 256B.0751;

(2) an individual who is not an employee of a licensed home care provider if the
individual:

(i) only provides services as an independent contractor to one or more licensed
home care providers;

(ii) provides no services under direct agreements or contracts with clients; and

(iii) is contractually bound to perform services in compliance with the contracting
home care provider's policies and service plans;

(3) a business that provides staff to home care providers, such as a temporary
employment agency, if the business:

(i) only provides staff under contract to licensed or exempt providers;

(ii) provides no services under direct agreements with clients; and

(iii) is contractually bound to perform services under the contracting home care
provider's direction and supervision;

(4) any home care services conducted by and for the adherents of any recognized
church or religious denomination for its members through spiritual means, or by prayer
for healing;

(5) an individual who only provides home care services to a relative;

(6) an individual not connected with a home care provider that provides assistance
with basic home care needs if the assistance is provided primarily as a contribution and
not as a business;

(7) an individual not connected with a home care provider that shares housing with
and provides primarily housekeeping or homemaking services to an elderly or disabled
person in return for free or reduced-cost housing;

(8) an individual or provider providing home-delivered meal services;

(9) an individual providing senior companion services and other older American
volunteer programs (OAVP) established under the Domestic Volunteer Service Act of
1973, United States Code, title 42, chapter 66;

(10) an employee of a nursing home or home care provider licensed under this
chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
who responds to occasional emergency calls from individuals residing in a residential
setting that is attached to or located on property contiguous to the nursing home or,
boarding care home, or location where home care services are also provided;

(11) an employee of a nursing home or home care provider licensed under this
chapter or an employee of a boarding care home licensed under sections 144.50 to
144.56 who provides occasional minor services free of charge to individuals residing in
a residential setting that is attached to or located on property contiguous to the nursing
home, boarding care home, or location where home care services are also provided, for the
occasional minor services provided free of charge;

(11) (12) a member of a professional corporation organized under chapter 319B that
does not regularly offer or provide home care services as defined in section 144A.43,
subdivision 3;

(12) (13) the following organizations established to provide medical or surgical
services that do not regularly offer or provide home care services as defined in section
144A.43, subdivision 3: a business trust organized under sections 318.01 to 318.04,
a nonprofit corporation organized under chapter 317A, a partnership organized under
chapter 323, or any other entity determined by the commissioner;

(13) (14) an individual or agency that provides medical supplies or durable medical
equipment, except when the provision of supplies or equipment is accompanied by a
home care service;

(14) (15) a physician licensed under chapter 147;

(15) (16) an individual who provides home care services to a person with a
developmental disability who lives in a place of residence with a family, foster family, or
primary caregiver;

(16) (17) a business that only provides services that are primarily instructional and
not medical services or health-related support services;

(17) (18) an individual who performs basic home care services for no more than
14 hours each calendar week to no more than one client;

(18) (19) an individual or business licensed as hospice as defined in sections 144A.75
to 144A.755 who is not providing home care services independent of hospice service;

(19) (20) activities conducted by the commissioner of health or a community health
board as defined in section 145A.02, subdivision 5, including communicable disease
investigations or testing; or

(20) (21) administering or monitoring a prescribed therapy necessary to control or
prevent a communicable disease, or the monitoring of an individual's compliance with a
health directive as defined in section 144.4172, subdivision 6.

Sec. 7.

Minnesota Statutes 2014, section 144A.75, subdivision 5, is amended to read:


Subd. 5.

Hospice provider.

"Hospice provider" means an individual, organization,
association, corporation, unit of government, or other entity that is regularly engaged
in the delivery, directly or by contractual arrangement, of hospice services for a fee to
terminally ill hospice patients. A hospice must provide all core services.

Sec. 8.

Minnesota Statutes 2014, section 144A.75, subdivision 6, is amended to read:


Subd. 6.

Hospice patient.

"Hospice patient" means an individual who has been
diagnosed as terminally ill, with a probable life expectancy of under one year, as
whose
illness has been
documented by the individual's attending physician and hospice medical
director, who alone or, when unable, through the individual's family has voluntarily
consented to and received admission to a hospice provider, and who:

(1) has been diagnosed as terminally ill, with a probable life expectancy of under
one year; or

(2) is 21 years of age or younger; has been diagnosed with a chronic, complex, and
life-threatening illness contributing to a shortened life expectancy; and is not expected
to survive to adulthood
.

Sec. 9.

Minnesota Statutes 2014, section 144A.75, subdivision 8, is amended to read:


Subd. 8.

Hospice services; hospice care.

"Hospice services" or "hospice care"
means palliative and supportive care and other services provided by an interdisciplinary
team under the direction of an identifiable hospice administration to terminally ill hospice
patients and their families to meet the physical, nutritional, emotional, social, spiritual,
and special needs experienced during the final stages of illness, dying, and bereavement,
or during a chronic, complex, and life-threatening illness contributing to a shortened life
expectancy for hospice patients who meet the criteria in subdivision 6, clause (2)
. These
services are provided through a centrally coordinated program that ensures continuity and
consistency of home and inpatient care that is provided directly or through an agreement.

Sec. 10.

Minnesota Statutes 2015 Supplement, section 144A.75, subdivision 13,
is amended to read:


Subd. 13.

Residential hospice facility.

(a) "Residential hospice facility" means a
facility that resembles a single-family home modified to address life safety, accessibility,
and care needs,
located in a residential area that directly provides 24-hour residential
and support services in a home-like setting for hospice patients as an integral part of the
continuum of home care provided by a hospice and that houses:

(1) no more than eight hospice patients; or

(2) at least nine and no more than 12 hospice patients with the approval of the local
governing authority, notwithstanding section 462.357, subdivision 8.

(b) Residential hospice facility also means a facility that directly provides 24-hour
residential and support services for hospice patients and that:

(1) houses no more than 21 hospice patients;

(2) meets hospice certification regulations adopted pursuant to title XVIII of the
federal Social Security Act, United States Code, title 42, section 1395, et seq.; and

(3) is located on St. Anthony Avenue in St. Paul, Minnesota, and was licensed as a
40-bed non-Medicare certified nursing home as of January 1, 2015.

Sec. 11.

Minnesota Statutes 2014, section 144A.75, is amended by adding a
subdivision to read:


Subd. 13a.

Respite care.

"Respite care" means short-term care in an inpatient
facility, such as a residential hospice facility, when necessary to relieve the hospice
patient's family or other persons caring for the patient. Respite care may be provided on
an occasional basis.

Sec. 12.

Minnesota Statutes 2015 Supplement, section 145.4131, subdivision 1,
is amended to read:


Subdivision 1.

Forms.

(a) Within 90 days of July 1, 1998, the commissioner shall
prepare a reporting form for use by physicians or facilities performing abortions. A copy
of this section shall be attached to the form. A physician or facility performing an abortion
shall obtain a form from the commissioner.

(b) The form shall require the following information:

(1) the number of abortions performed by the physician in the previous calendar
year, reported by month;

(2) the method used for each abortion;

(3) the approximate gestational age expressed in one of the following increments:

(i) less than nine weeks;

(ii) nine to ten weeks;

(iii) 11 to 12 weeks;

(iv) 13 to 15 weeks;

(v) 16 to 20 weeks;

(vi) 21 to 24 weeks;

(vii) 25 to 30 weeks;

(viii) 31 to 36 weeks; or

(ix) 37 weeks to term;

(4) the age of the woman at the time the abortion was performed;

(5) the specific reason for the abortion, including, but not limited to, the following:

(i) the pregnancy was a result of rape;

(ii) the pregnancy was a result of incest;

(iii) economic reasons;

(iv) the woman does not want children at this time;

(v) the woman's emotional health is at stake;

(vi) the woman's physical health is at stake;

(vii) the woman will suffer substantial and irreversible impairment of a major bodily
function if the pregnancy continues;

(viii) the pregnancy resulted in fetal anomalies; or

(ix) unknown or the woman refused to answer;

(6) the number of prior induced abortions;

(7) the number of prior spontaneous abortions;

(8) whether the abortion was paid for by:

(i) private coverage;

(ii) public assistance health coverage; or

(iii) self-pay;

(9) whether coverage was under:

(i) a fee-for-service plan;

(ii) a capitated private plan; or

(iii) other;

(10) complications, if any, for each abortion and for the aftermath of each abortion.
Space for a description of any complications shall be available on the form;

(11) the medical specialty of the physician performing the abortion; and

(12) if the abortion was performed via telemedicine, the facility code for the patient
and the facility code for the physician; and

(12) (13) whether the abortion resulted in a born alive infant, as defined in section
145.423, subdivision 4, and:

(i) any medical actions taken to preserve the life of the born alive infant;

(ii) whether the born alive infant survived; and

(iii) the status of the born alive infant, should the infant survive, if known.

EFFECTIVE DATE.

This section is effective January 1, 2017.

Sec. 13.

[145.417] LICENSURE OF CERTAIN FACILITIES THAT PERFORM
ABORTIONS.

Subdivision 1.

License required for facilities that perform ten or more abortions
per month.

(a) A clinic, health center, or other facility in which the pregnancies of ten or
more women known to be pregnant are willfully terminated or aborted each month shall
be licensed by the commissioner of health and, notwithstanding Minnesota Rules, part
4675.0100, subparts 8 and 9, subject to the licensure requirements provided in Minnesota
Rules, chapter 4675. The commissioner shall not require a facility licensed as a hospital or
as an outpatient surgical center, pursuant to sections 144.50 to 144.56, to obtain a separate
license under this section, but may subject these facilities to inspections and investigations
as permitted under subdivision 2.

(b) The commissioner of health, the attorney general, an appropriate county attorney,
or a woman upon whom an abortion has been performed or attempted to be performed
at an unlicensed facility may seek an injunction in district court against the continued
operation of the facility. Proceedings for securing an injunction may be brought by the
attorney general or by the appropriate county attorney.

(c) Sanctions provided in this subdivision do not restrict other available sanctions.

Subd. 2.

Inspections; no notice required.

No more than two times per year,
the commissioner of health shall perform routine and comprehensive inspections and
investigations of facilities described under subdivision 1. Every clinic, health center,
or other facility described under subdivision 1, and any other premises proposed to be
conducted as a facility by an applicant for a license, shall be open at all reasonable times
to inspection authorized in writing by the commissioner of health. No notice need be
given to any person prior to any inspection.

Subd. 3.

Licensure fee.

(a) The annual license fee for facilities required to be
licensed under this section is $3,712.

(b) Fees shall be collected and deposited according to section 144.122.

Subd. 4.

Suspension, revocation, and refusal to renew.

The commissioner of
health may refuse to grant or renew, or may suspend or revoke a license on any of the
following grounds:

(1) violation of any of the provisions of this section or Minnesota Rules, chapter 4675;

(2) permitting, aiding, or abetting the commission of any illegal act in the facility;

(3) conduct or practices detrimental to the welfare of the patient;

(4) obtaining or attempting to obtain a license by fraud or misrepresentation; or

(5) if there is a pattern of conduct that involves one or more physicians in the
facility who have a financial or economic interest in the facility, as defined in section
144.6521, subdivision 3, and who have not provided notice and disclosure of the financial
or economic interest as required by section 144.6521.

Subd. 5.

Hearing.

Prior to any suspension, revocation, or refusal to renew a license,
the licensee shall be entitled to notice and a hearing as provided by sections 14.57 to
14.69. At each hearing, the commissioner of health shall have the burden of establishing
that a violation described in subdivision 4 has occurred. If a license is revoked, suspended,
or not renewed, a new application for a license may be considered by the commissioner if
the conditions upon which revocation, suspension, or refusal to renew was based have
been corrected and evidence of this fact has been satisfactorily furnished. A new license
may be granted after proper inspection has been made and all provisions of this section
and Minnesota Rules, chapter 4675, have been complied with and a recommendation
for licensure has been made by the commissioner or by an inspector as an agent of the
commissioner.

Subd. 6.

Severability.

If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends
that it would have passed this section, and each provision, section, subdivision, sentence,
clause, phrase, or word, regardless of the fact that any one provision, section, subdivision,
sentence, clause, phrase, or word is declared unconstitutional.

Sec. 14.

Minnesota Statutes 2014, section 145.4716, subdivision 2, is amended to read:


Subd. 2.

Duties of director.

The director of child sex trafficking prevention is
responsible for the following:

(1) developing and providing comprehensive training on sexual exploitation of
youth for social service professionals, medical professionals, public health workers, and
criminal justice professionals;

(2) collecting, organizing, maintaining, and disseminating information on sexual
exploitation and services across the state, including maintaining a list of resources on the
Department of Health Web site;

(3) monitoring and applying for federal funding for antitrafficking efforts that may
benefit victims in the state;

(4) managing grant programs established under sections 145.4716 to 145.4718
and 609.3241, paragraph (c), clause (3)
;

(5) managing the request for proposals for grants for comprehensive services,
including trauma-informed, culturally specific services;

(6) identifying best practices in serving sexually exploited youth, as defined in
section 260C.007, subdivision 31;

(7) providing oversight of and technical support to regional navigators pursuant to
section 145.4717;

(8) conducting a comprehensive evaluation of the statewide program for safe harbor
of sexually exploited youth; and

(9) developing a policy consistent with the requirements of chapter 13 for sharing
data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
among regional navigators and community-based advocates.

Sec. 15.

Minnesota Statutes 2014, section 145.4716, is amended by adding a
subdivision to read:


Subd. 3.

Youth eligible for services.

Youth 24 years of age or younger shall be
eligible for all services, support, and programs provided under this section and section
145.4717, and all shelter, housing beds, and services provided by the commissioner of
human services to sexually exploited youth and youth at risk of sexual exploitation.

Sec. 16.

Minnesota Statutes 2014, section 145.882, subdivision 2, is amended to read:


Subd. 2.

Allocation to commissioner of health.

(a) Beginning January 1, 1986,
up to one-third of the total maternal and child health block grant money may be retained
by the commissioner of health to:

(1) meet federal maternal and child block grant requirements of a statewide needs
assessment every five years and prepare the annual federal block grant application and
report;

(2) collect and disseminate statewide data on the health status of mothers and
children within one year of the end of the year;

(3) provide technical assistance to community health boards in meeting statewide
outcomes;

(4) evaluate the impact of maternal and child health activities on the health status
of mothers and children;

(5) provide services to children under age 16 receiving benefits under title XVI
of the Social Security Act; and

(6) perform other maternal and child health activities listed in section 145.88 and as
deemed necessary by the commissioner.

(b) Any money under this subdivision used by the commissioner for grants for the
provision of prepregnancy family planning services must be distributed under section
145.925.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 17.

Minnesota Statutes 2014, section 145.882, subdivision 3, is amended to read:


Subd. 3.

Allocation to community health boards.

(a) The maternal and child
health block grant money remaining after distributions made under subdivision 2 and
used for services other than prepregnancy family planning services
must be allocated
according to the formula in section 145A.131, subdivision 2, for distribution to community
health boards. Maternal and child health block grant money used for the provision of
prepregnancy family planning services must be distributed under section 145.925.

(b) A community health board that receives funding under this section shall provide
at least a 50 percent match for funds received under United States Code, title 42, sections
701 to 709. Eligible funds must be used to meet match requirements. Eligible funds
include funds from local property taxes, reimbursements from third parties, fees, other
funds, donations, nonfederal grants, or state funds received under the local public health
grant defined in section 145A.131, that are used for maternal and child health activities as
described in subdivision 7.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 18.

Minnesota Statutes 2014, section 145.882, subdivision 7, is amended to read:


Subd. 7.

Use of block grant money.

Maternal and child health block grant money
allocated to a community health board under this section must be used for qualified
programs for high risk and low-income individuals. Block grant money allocated under
this section or for family planning services under section 145.925
must be used for
programs that:

(1) specifically address the highest risk populations, particularly low-income and
minority groups with a high rate of infant mortality and children with low birth weight,
by providing services, including prepregnancy family planning services, calculated
to produce measurable decreases in infant mortality rates, instances of children with
low birth weight, and medical complications associated with pregnancy and childbirth,
including infant mortality, low birth rates, and medical complications arising from
chemical abuse by a mother during pregnancy;

(2) specifically target pregnant women whose age, medical condition, maternal
history, or chemical abuse substantially increases the likelihood of complications
associated with pregnancy and childbirth or the birth of a child with an illness, disability,
or special medical needs;

(3) specifically address the health needs of young children who have or are likely
to have a chronic disease or disability or special medical needs, including physical,
neurological, emotional, and developmental problems that arise from chemical abuse
by a mother during pregnancy;

(4) provide family planning and preventive medical care for specifically identified
target populations, such as minority and low-income teenagers, in a manner calculated to
decrease the occurrence of inappropriate pregnancy and minimize the risk of complications
associated with pregnancy and childbirth;

(5) specifically address the frequency and severity of childhood and adolescent
health issues, including injuries in high risk target populations by providing services
calculated to produce measurable decreases in mortality and morbidity;

(6) specifically address preventing child abuse and neglect, reducing juvenile
delinquency, promoting positive parenting and resiliency in children, and promoting
family health and economic sufficiency through public health nurse home visits under
section 145A.17; or

(7) specifically address nutritional issues of women, infants, and young children
through WIC clinic services.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 19.

[145.908] GRANT PROGRAM; SCREENING AND TREATMENT FOR
PRE- AND POSTPARTUM MOOD AND ANXIETY DISORDERS.

Subdivision 1.

Grant program established.

Within the limits of federal funds
available specifically for this purpose, the commissioner of health shall establish a grant
program to provide culturally competent programs to screen and treat pregnant women
and women who have given birth in the preceding 12 months for pre- and postpartum
mood and anxiety disorders. Organizations may use grant funds to establish new screening
or treatment programs, or expand or maintain existing screening or treatment programs. In
establishing the grant program, the commissioner shall prioritize expanding or enhancing
screening for pre- and postpartum mood and anxiety disorders in primary care settings.
The commissioner shall determine the types of organizations eligible for grants.

Subd. 2.

Allowable uses of funds.

Grant funds awarded by the commissioner
under this section:

(1) must be used to provide health care providers with appropriate training
and relevant resources on screening, treatment, follow-up support, and links to
community-based resources for pre- and postpartum mood and anxiety disorders; and

(2) may be used to:

(i) enable health care providers to provide or receive psychiatric consultations to
treat eligible women for pre- and postpartum mood and anxiety disorders;

(ii) conduct a public awareness campaign;

(iii) fund startup costs for telephone lines, Web sites, and other resources to collect
and disseminate information about screening and treatment for pre- and postpartum mood
and anxiety disorders; or

(iv) establish connections between community-based resources.

Subd. 3.

Federal funds.

The commissioner shall apply for any available grant funds
from the federal Department of Health and Human Services for this program.

Sec. 20.

Minnesota Statutes 2014, section 145.925, subdivision 1, is amended to read:


Subdivision 1.

Eligible organizations; Purpose.

The commissioner of health may
shall
make special grants to cities, counties, groups of cities or counties, or nonprofit
corporations
to provide prepregnancy family planning services.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 21.

Minnesota Statutes 2014, section 145.925, subdivision 1a, is amended to read:


Subd. 1a.

Family planning services; defined Definitions.

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

(b) "Community health board" has the meaning given in section 145A.02,
subdivision 5.

(c) "Family planning" means voluntary action by individuals to prevent or aid
conception.

(d) "Family planning services" means counseling by trained personnel regarding
family planning; distribution of information relating to family planning,; referral to
licensed physicians or local health agencies for consultation, examination, medical
treatment, genetic counseling, and prescriptions for the purpose of family planning; and
the distribution of family planning products, such as charts, thermometers, drugs, medical
preparations, and contraceptive devices. For purposes of sections 145A.01 to 145A.14,
family planning shall mean voluntary action by individuals to prevent or aid conception
but does not include the performance, or make referrals for encouragement of voluntary
termination of pregnancy.

(e) "Federally qualified health center" has the meaning given in section 145.9269,
subdivision 1.

(f) "Hospital" means a facility licensed as a hospital under section 144.55.

(g) "Public health clinic" means a health clinic operated by one or more local units
of government or community health boards or by the University of Minnesota and that
has as a primary focus the provision of primary and preventive health care services and
immunizations.

(h) "Rural health clinic" means a rural health clinic as defined in United States Code,
title 42, section 1395x(aa)(2) that is certified according to Code of Federal Regulations,
title 42, part 491, subpart A.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 22.

Minnesota Statutes 2014, section 145.925, is amended by adding a subdivision
to read:


Subd. 1b.

Commissioner to apply for federal Title X funds.

For each federal Title
X grant fund cycle, the commissioner shall apply to the federal Department of Health and
Human Services for grant funds under Title X of the federal Public Health Service Act,
United States Code, title 42, sections 300 to 300a-6.

EFFECTIVE DATE.

This section is effective beginning with the federal 2018
application deadline for Title X grant funds.

Sec. 23.

Minnesota Statutes 2014, section 145.925, is amended by adding a subdivision
to read:


Subd. 1c.

State and federal funds distributed according to this section.

The
commissioner shall distribute the following funds according to subdivision 1d:

(1) federal Title X funds received by the commissioner according to an application
submitted under subdivision 1b;

(2) funds appropriated from the general fund and the federal TANF fund for
purposes of grants under this section; and

(3) maternal and child health block grant funds used for prepregnancy family
planning services.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 24.

Minnesota Statutes 2014, section 145.925, is amended by adding a subdivision
to read:


Subd. 1d.

Distribution; eligible entities.

The commissioner shall distribute the
funds specified in subdivision 1c to public entities, including community health boards and
public health clinics, that apply to the commissioner for funds to provide family planning
services according to procedures established by the commissioner. If any funds remain
after the commissioner fulfills all approved grant requests from public entities for the grant
period, the commissioner may distribute the remaining funds to nonpublic entities that:

(1) are hospitals, federally qualified health centers, or rural health clinics;

(2) provide comprehensive primary and preventive health care services in addition
to family planning services; and

(3) apply to the commissioner for funds to provide family planning services
according to procedures established by the commissioner.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 25.

Minnesota Statutes 2014, section 145.925, is amended by adding a subdivision
to read:


Subd. 1e.

Subgrants from public entities.

(a) A public entity that receives funds
from the commissioner under subdivision 1d may distribute some or all of the funds as
subgrants to other public or private entities to provide family planning services. Except as
provided in paragraph (b), an entity is not eligible for a subgrant under this subdivision if
the entity provides abortion services or has an affiliate that provides abortion services.

(b) An entity that provides abortion services or has an affiliate that provides abortion
services is eligible for a subgrant under this subdivision if the entity or affiliate provides
abortion services solely when the abortion is directly and medically necessary to save the
life of the woman, provided a physician signs a certification stating the direct and medical
necessity of the abortion.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 26.

Minnesota Statutes 2014, section 145.925, is amended by adding a subdivision
to read:


Subd. 10.

Reporting and publication of grant and subgrant recipients.

At least
once every grant cycle, a public entity that distributes funds under subdivision 1e shall
provide the commissioner of health with a list of the entities that received subgrants to
provide family planning services and the amount of each subgrant. At least once every
grant cycle, the commissioner of health shall publish on the department's Web site a list of
all the entities that received funds as a grant from the commissioner under subdivision 1d
or a subgrant from a public entity under subdivision 1e, and the amount of the grant or
subgrant received by each entity.

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 27.

Minnesota Statutes 2014, section 149A.50, subdivision 2, is amended to read:


Subd. 2.

Requirements for funeral establishment.

A funeral establishment
licensed under this section must:

(1) contain a comply with preparation and embalming room requirements as
described in section 149A.92;

(2) contain office space for making arrangements; and

(3) comply with applicable local and state building codes, zoning laws, and
ordinances.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 28.

Minnesota Statutes 2015 Supplement, section 149A.92, subdivision 1, is
amended to read:


Subdivision 1.

Establishment update.

(a) Notwithstanding subdivision 11, a
funeral establishment with other establishment locations that uses one preparation and
embalming room for all establishment locations has until July 1, 2017, to bring the other
establishment locations that are not used for preparation or embalming into compliance
with this section so long as the preparation and embalming room that is used complies
with the minimum standards in this section.

(b) At the time that ownership of a funeral establishment changes, the physical
location of the establishment changes, or the building housing the funeral establishment or
business space of the establishment is remodeled the existing preparation and embalming
room must be brought into compliance with the minimum standards in this section and in
accordance with subdivision 11.

(a) Any room used by a funeral establishment for preparation and embalming must
comply with the minimum standards of this section. A funeral establishment where no
preparation and embalming is performed, but which conducts viewings, visitations, and
services, or which holds human remains while awaiting final disposition, need not comply
with the minimum standards of this section.

(b) Each funeral establishment must have a preparation and embalming room that
complies with the minimum standards of this section, except that a funeral establishment
that operates branch locations need only have one compliant preparation and embalming
room for all locations.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29.

Minnesota Statutes 2014, section 157.15, subdivision 14, is amended to read:


Subd. 14.

Special event food stand.

"Special event food stand" means a food and
beverage service establishment which is used in conjunction with celebrations and special
events, and which operates no more than three times annually for no more than ten total
days within the applicable license period.

Sec. 30.

Minnesota Statutes 2014, section 327.14, subdivision 8, is amended to read:


Subd. 8.

Recreational camping area.

"Recreational camping area" means any area,
whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for
the accommodation of five or more tents or recreational camping vehicles free of charge
or for compensation. "Recreational camping area" excludes:

(1) children's camps;

(2) industrial camps;

(3) migrant labor camps, as defined in Minnesota Statutes and state commissioner
of health rules;

(4) United States Forest Service camps;

(5) state forest service camps;

(6) state wildlife management areas or state-owned public access areas which are
restricted in use to picnicking and boat landing; and

(7) temporary holding areas for self-contained recreational camping vehicles
created by and adjacent to motor sports facilities, if the chief law enforcement officer of
an affected jurisdiction determines that it is in the interest of public safety to provide a
temporary holding area; and

(8) a privately owned area used for camping no more than once a year and for no
longer than seven consecutive days by members of a private club where the members pay
annual dues to belong to the club
.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 31.

Minnesota Statutes 2014, section 609.3241, is amended to read:


609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.322 or
609.324, while acting other than as a prostitute, the court shall impose an assessment of
not less than $500 and not more than $750 for a violation of section 609.324, subdivision
2
, or a misdemeanor violation of section 609.324, subdivision 3; otherwise the court shall
impose an assessment of not less than $750 and not more than $1,000. The assessment
shall be distributed as provided in paragraph (c) and is in addition to the surcharge
required by section 357.021, subdivision 6.

(b) The court may not waive payment of the minimum assessment required by
this section. If the defendant qualifies for the services of a public defender or the court
finds on the record that the convicted person is indigent or that immediate payment of
the assessment would create undue hardship for the convicted person or that person's
immediate family, the court may reduce the amount of the minimum assessment to not
less than $100. The court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities
related to combating sexual exploitation of youth, or if the arresting officer is an employee
of the state, this portion shall be forwarded to the commissioner of public safety for those
purposes identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
handled the case for use in training and education activities relating to combating sexual
exploitation activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of public
safety
health to be deposited in the safe harbor for youth account in the special revenue
fund and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to sexually exploited youth, as defined in section
260C.007, subdivision 31.

(d) A safe harbor for youth account is established as a special account in the state
treasury.

Sec. 32. EXPANDING ELIGIBILITY FOR DESIGNATION AS A CRITICAL
ACCESS HOSPITAL.

(a) The commissioner of health is encouraged to contact Minnesota's federal elected
officials and pursue all necessary changes to the Medicare rural hospital flexibility
program established in United States Code, title 42, section 1395i-4 to expand the number
of rural hospitals that are eligible for designation as a critical access hospital. In the
request for program changes, the commissioner shall seek authority to designate any
hospital that applies for designation as a critical access hospital if the hospital:

(1) is located in a Minnesota county that is a rural area as defined in United States
Code, title 42, section 1395ww(d)(2)(D). A hospital is not required to be located 35 miles
from another hospital, or 15 miles from another hospital if located in mountainous terrain
or in an area with only secondary roads; and

(2) is licensed under sections 144.50 to 144.56 and is certified to participate in the
Medicare program.

(b) The commissioner shall determine other eligibility criteria for which program
changes should be requested, in order to expand eligibility for designation as a critical
access hospital to the greatest number of rural hospitals in the state. The commissioner
shall report to the chairs and ranking minority members of the legislative committees
with jurisdiction over health care finance and policy by January 1, 2017, on the status of
the request for program changes.

Sec. 33. REPEALER.

(a) Minnesota Statutes 2014, section 149A.92, subdivision 11, is repealed the day
following final enactment.

(b) Minnesota Statutes 2014, section 145.925, subdivision 2, is repealed effective
July 1, 2017.

ARTICLE 5

CHEMICAL AND MENTAL HEALTH

Section 1.

Minnesota Statutes 2015 Supplement, section 245.735, subdivision 3,
is amended to read:


Subd. 3.

Reform projects Certified community behavioral health clinics.

(a) The
commissioner shall establish standards for a state certification of clinics as process for
certified community behavioral health clinics, in accordance (CCBHCs) to be eligible for
the prospective payment system in paragraph (f). Entities that choose to be CCBHCs must:

(1) comply with the CCBHC criteria published on or before September 1, 2015, by
the United States Department of Health and Human Services. Certification standards
established by the commissioner shall require that:
;

(1) (2) employ or contract for clinic staff who have backgrounds in diverse
disciplines, include including licensed mental health professionals, and staff who are
culturally and linguistically trained to serve the needs of the clinic's patient population;

(2) (3) ensure that clinic services are available and accessible to patients of all ages
and genders
and that crisis management services are available 24 hours per day;

(3) (4) establish fees for clinic services are established for non-medical assistance
patients
using a sliding fee scale and that ensures that services to patients are not denied
or limited due to a patient's inability to pay for services;

(4) clinics provide coordination of care across settings and providers to ensure
seamless transitions for patients across the full spectrum of health services, including
acute, chronic, and behavioral needs. Care coordination may be accomplished through
partnerships or formal contracts with federally qualified health centers, inpatient
psychiatric facilities, substance use and detoxification facilities, community-based mental
health providers, and other community services, supports, and providers including
schools, child welfare agencies, juvenile and criminal justice agencies, Indian Health
Services clinics, tribally licensed health care and mental health facilities, urban Indian
health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in
centers, acute care hospitals, and hospital outpatient clinics;

(5) comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data;

(5) services provided by clinics include (6) provide crisis mental health services,
withdrawal management services, emergency crisis intervention services, and stabilization
services; screening, assessment, and diagnosis services, including risk assessments and
level of care determinations; patient-centered treatment planning; outpatient mental
health and substance use services; targeted case management; psychiatric rehabilitation
services; peer support and counselor services and family support services; and intensive
community-based mental health services, including mental health services for members of
the armed forces and veterans; and

(6) clinics comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data.

(7) provide coordination of care across settings and providers to ensure seamless
transitions for patients across the full spectrum of health services, including acute, chronic,
and behavioral needs. Care coordination may be accomplished through partnerships
or formal contracts with:

(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally
qualified health centers, inpatient psychiatric facilities, substance use and detoxification
facilities, and community-based mental health providers; and

(ii) other community services, supports, and providers including schools, child
welfare agencies, juvenile and criminal justice agencies, Indian Health Services clinics,
tribally licensed health care and mental health facilities, urban Indian health clinics,
Department of Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute
care hospitals, and hospital outpatient clinics;

(8) be certified as mental health clinics under section 245.69, subdivision 2;

(9) comply with standards relating to integrated treatment for co-occurring mental
illness and substance use disorders in adults or children under Minnesota Rules, chapter
9533;

(10) comply with standards relating to mental health services in Minnesota Rules,
parts 9505.0370 to 9505.0372;

(11) be licensed to provide chemical dependency treatment under Minnesota Rules,
parts 9530.6405 to 9530.6505;

(12) be certified to provide children's therapeutic services and supports under
section 256B.0943;

(13) be certified to provide adult rehabilitative mental health services under section
256B.0623;

(14) be enrolled to provide mental health crisis response services under section
256B.0624;

(15) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;

(16) comply with standards relating to mental health case management in Minnesota
Rules, parts 9520.0900 to 9520.0926; and

(17) provide services that comply with the evidence-based practices described in
paragraph (e).

(b) If an entity is unable to provide one or more of the services listed in paragraph
(a), clauses (6) to (17), the commissioner may certify the entity as a CCBHC, if the entity
has a current contract with another entity that has the required authority to provide that
service and that meets federal CCBHC criteria as a designated collaborating organization,
or, to the extent allowed by the federal CCBHC criteria, the commissioner may approve a
referral arrangement. The CCBHC must meet federal requirements regarding the type and
scope of services to be provided directly by the CCBHC.

(c) Notwithstanding other law that requires a county contract or other form of county
approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise
meets CCBHC requirements may receive the prospective payment under paragraph (f)
for those services without a county contract or county approval. There is no county
share when medical assistance pays the CCBHC prospective payment. As part of the
certification process in paragraph (a), the commissioner shall require a letter of support
from the CCBHC's host county confirming that the CCBHC and the counties it serves
have an ongoing relationship to facilitate access and continuity of care, especially for
individuals who are uninsured or who may go on and off medical assistance.

(d) In situations where the standards in paragraph (a) or other applicable standards
conflict or address similar issues in duplicative or incompatible ways, the commissioner
may grant variances to state requirements as long as the variances do not conflict with
federal requirements. In situations where standards overlap, the commissioner may decide
to substitute all or a part of a licensure or certification that is substantially the same as
another licensure or certification. The commissioner shall consult with stakeholders, as
described in subdivision 4, before granting variances under this provision.

(e) The commissioner shall issue a list of required and recommended evidence-based
practices to be delivered by CCBHCs. The commissioner may update the list to reflect
advances in outcomes research and medical services for persons living with mental
illnesses or substance use disorders. The commissioner shall take into consideration the
adequacy of evidence to support the efficacy of the practice, the quality of workforce
available, and the current availability of the practice in the state. At least 30 days before
issuing the initial list and any revisions, the commissioner shall provide stakeholders
with an opportunity to comment.

(b) (f) The commissioner shall establish standards and methodologies for a
prospective payment system for medical assistance payments for mental health services
delivered by certified community behavioral health clinics, in accordance with guidance
issued on or before September 1, 2015, by the Centers for Medicare and Medicaid
Services. During the operation of the demonstration project, payments shall comply with
federal requirements for a 90 percent an enhanced federal medical assistance percentage.
The commissioner may include quality bonus payments in the prospective payment
system based on federal criteria and on a clinic's provision of the evidence-based practices
in paragraph (e). The prospective payments system does not apply to MinnesotaCare.
Implementation of the prospective payment system is effective July 1, 2017, or upon
federal approval, whichever is later.

(g) The commissioner shall seek federal approval to continue federal financial
participation in payment for CCBHC services after the federal demonstration period
ends for clinics that were certified as CCBHCs during the demonstration period and
that continue to meet the CCBHC certification standards in paragraph (a). Payment
for CCBHC services shall cease effective July 1, 2019, if continued federal financial
participation for the payment of CCBHC services cannot be obtained.

(h) To the extent allowed by federal law, the commissioner may limit the number of
certified clinics so that the projected claims for certified clinics will not exceed the funds
budgeted for this purpose. The commissioner shall give preference to clinics that:

(1) are located in both rural and urban areas, with at least one in each, as defined
by federal criteria;

(2) provide a comprehensive range of services and evidence-based practices for all
age groups, with services being fully coordinated and integrated; and

(3) enhance the state's ability to meet the federal priorities to be selected as a
CCBHC demonstration state.

(i) The commissioner shall recertify CCBHCs at least every three years. The
commissioner shall establish a process for decertification and shall require corrective
action, medical assistance repayment, or decertification of a CCBHC that no longer
meets the requirements in this section or that fails to meet the standards provided by the
commissioner in the application and certification process.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2015 Supplement, section 245.735, subdivision 4, is
amended to read:


Subd. 4.

Public participation.

In developing the projects and implementing
certified community behavioral health clinics
under subdivision 3, the commissioner shall
consult, collaborate, and partner with stakeholders, including but not limited to mental
health providers, substance use disorder treatment providers, advocacy organizations,
licensed mental health professionals, counties, tribes, hospitals, other health care
providers,
and Minnesota public health care program enrollees who receive mental health
services and their families.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2014, section 245.99, subdivision 2, is amended to read:


Subd. 2.

Rental assistance.

The program shall pay up to 90 days of housing
assistance for persons with a serious and persistent mental illness who require inpatient or
residential care for stabilization. The commissioner of human services may extend the
length of assistance on a case-by-case basis.

Sec. 4.

Minnesota Statutes 2014, section 254B.03, subdivision 4, is amended to read:


Subd. 4.

Division of costs.

(a) Except for services provided by a county under
section 254B.09, subdivision 1, or services provided under section 256B.69 or 256D.03,
subdivision 4, paragraph (b), the county shall, out of local money, pay the state for 22.95
percent of the cost of chemical dependency services, including those services provided to
persons eligible for medical assistance under chapter 256B and general assistance medical
care under chapter 256D. Counties may use the indigent hospitalization levy for treatment
and hospital payments made under this section. 22.95 percent of any state collections from
private or third-party pay, less 15 percent for the cost of payment and collections, must be
distributed to the county that paid for a portion of the treatment under this section.

(b) For fiscal year 2017 only, the county percent of cost of chemical dependency
services shall be reduced from 22.95 percent to 15 percent.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 5.

Minnesota Statutes 2014, section 254B.04, subdivision 2a, is amended to read:


Subd. 2a.

Eligibility for treatment in residential settings.

Notwithstanding
provisions of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's
discretion in making placements to residential treatment settings, a person eligible for
services under this section must score at level 4 on assessment dimensions related to
relapse, continued use, or recovery environment in order to be assigned to services with a
room and board component reimbursed under this section. Whether a treatment facility
has been designated an institution for mental diseases under United States Code, title 42,
section 1396d, shall not be a factor in making placements.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 6.

Minnesota Statutes 2014, section 254B.06, subdivision 2, is amended to read:


Subd. 2.

Allocation of collections.

(a) The commissioner shall allocate all federal
financial participation collections to a special revenue account. The commissioner shall
allocate 77.05 percent of patient payments and third-party payments to the special revenue
account and 22.95 percent to the county financially responsible for the patient.

(b) For fiscal year 2017 only, the commissioner's allocation to the special revenue
account shall be increased from 77.05 percent to 85 percent and the county financial
responsibility shall be reduced from 22.95 percent to 15 percent.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 7.

Minnesota Statutes 2014, section 254B.06, is amended by adding a subdivision
to read:


Subd. 4.

Reimbursement for institutions for mental diseases.

The commissioner
shall not deny reimbursement to a program designated as an institution for mental diseases
under United States Code, title 42, section 1396d, due to a reduction in federal financial
participation and the addition of new residential beds.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 8.

[254B.15] PILOT PROJECTS; TREATMENT FOR PREGNANT AND
POSTPARTUM WOMEN WITH SUBSTANCE USE DISORDER.

Subdivision 1.

Pilot projects established.

(a) Within the limits of federal funds
available specifically for this purpose, the commissioner of human services shall establish
pilot projects to provide substance use disorder treatment and services to pregnant and
postpartum women with a primary diagnosis of substance use disorder, including opioid
use disorder. Pilot projects funded under this section must:

(1) promote flexible uses of funds to provide treatment and services to pregnant and
postpartum women with substance use disorders;

(2) fund family-based treatment and services for pregnant and postpartum women
with substance use disorders;

(3) identify gaps in services along the continuum of care that are provided to
pregnant and postpartum women with substance use disorders; and

(4) encourage new approaches to service delivery and service delivery models.

(b) A pilot project funded under this section must provide at least a portion of its
treatment and services to women who receive services on an outpatient basis.

Subd. 2.

Federal funds.

The commissioner shall apply for any available grant funds
from the federal Center for Substance Abuse Treatment for these pilot projects.

Sec. 9.

Minnesota Statutes 2014, section 256B.0621, subdivision 10, is amended to read:


Subd. 10.

Payment rates.

The commissioner shall set payment rates for targeted
case management under this subdivision. Case managers may bill according to the
following criteria:

(1) for relocation targeted case management, case managers may bill for direct case
management activities, including face-to-face and, telephone contacts, and interactive
video contact in accordance with section 256B.0924, subdivision 4a,
in the lesser of:

(i) 180 days preceding an eligible recipient's discharge from an institution; or

(ii) the limits and conditions which apply to federal Medicaid funding for this service;

(2) for home care targeted case management, case managers may bill for direct case
management activities, including face-to-face and telephone contacts; and

(3) billings for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.

Sec. 10.

Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 20,
is amended to read:


Subd. 20.

Mental health case management.

(a) To the extent authorized by rule
of the state agency, medical assistance covers case management services to persons with
serious and persistent mental illness and children with severe emotional disturbance.
Services provided under this section must meet the relevant standards in sections 245.461
to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota
Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.

(b) Entities meeting program standards set out in rules governing family community
support services as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe
emotional disturbance when these services meet the program standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.

(c) Medical assistance and MinnesotaCare payment for mental health case
management shall be made on a monthly basis. In order to receive payment for an eligible
child, the provider must document at least a face-to-face contact with the child, the child's
parents, or the child's legal representative. To receive payment for an eligible adult, the
provider must document:

(1) at least a face-to-face contact with the adult or the adult's legal representative or a
contact by interactive video that meets the requirements of subdivision 20b
; or

(2) at least a telephone contact with the adult or the adult's legal representative
and document a face-to-face contact or a contact by interactive video that meets the
requirements of subdivision 20b
with the adult or the adult's legal representative within
the preceding two months.

(d) Payment for mental health case management provided by county or state staff
shall be based on the monthly rate methodology under section 256B.094, subdivision 6,
paragraph (b), with separate rates calculated for child welfare and mental health, and
within mental health, separate rates for children and adults.

(e) Payment for mental health case management provided by Indian health services
or by agencies operated by Indian tribes may be made according to this section or other
relevant federally approved rate setting methodology.

(f) Payment for mental health case management provided by vendors who contract
with a county or Indian tribe shall be based on a monthly rate negotiated by the host county
or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same
service to other payers. If the service is provided by a team of contracted vendors, the
county or tribe may negotiate a team rate with a vendor who is a member of the team. The
team shall determine how to distribute the rate among its members. No reimbursement
received by contracted vendors shall be returned to the county or tribe, except to reimburse
the county or tribe for advance funding provided by the county or tribe to the vendor.

(g) If the service is provided by a team which includes contracted vendors, tribal
staff, and county or state staff, the costs for county or state staff participation in the team
shall be included in the rate for county-provided services. In this case, the contracted
vendor, the tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month. In order to prevent duplication of services,
each entity must document, in the recipient's file, the need for team case management and
a description of the roles of the team members.

(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs
for mental health case management shall be provided by the recipient's county of
responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal
funds or funds used to match other federal funds. If the service is provided by a tribal
agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this
service is paid by the state without a federal share through fee-for-service, 50 percent of
the cost shall be provided by the recipient's county of responsibility.

(i) Notwithstanding any administrative rule to the contrary, prepaid medical
assistance, general assistance medical care, and MinnesotaCare include mental health case
management. When the service is provided through prepaid capitation, the nonfederal
share is paid by the state and the county pays no share.

(j) The commissioner may suspend, reduce, or terminate the reimbursement to a
provider that does not meet the reporting or other requirements of this section. The county
of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal
agency, is responsible for any federal disallowances. The county or tribe may share this
responsibility with its contracted vendors.

(k) The commissioner shall set aside a portion of the federal funds earned for county
expenditures under this section to repay the special revenue maximization account under
section 256.01, subdivision 2, paragraph (o). The repayment is limited to:

(1) the costs of developing and implementing this section; and

(2) programming the information systems.

(l) Payments to counties and tribal agencies for case management expenditures
under this section shall only be made from federal earnings from services provided
under this section. When this service is paid by the state without a federal share through
fee-for-service, 50 percent of the cost shall be provided by the state. Payments to
county-contracted vendors shall include the federal earnings, the state share, and the
county share.

(m) Case management services under this subdivision do not include therapy,
treatment, legal, or outreach services.

(n) If the recipient is a resident of a nursing facility, intermediate care facility, or
hospital, and the recipient's institutional care is paid by medical assistance, payment for
case management services under this subdivision is limited to the lesser of:

(1) the last 180 days of the recipient's residency in that facility and may not exceed
more than six months in a calendar year; or

(2) the limits and conditions which apply to federal Medicaid funding for this service.

(o) Payment for case management services under this subdivision shall not duplicate
payments made under other program authorities for the same purpose.

(p) If the recipient is receiving care in a hospital, nursing facility, or a residential
setting licensed under chapter 245A or 245D that is staffed 24 hours per day, seven
days per week, mental health targeted case management services must actively support
identification of community alternatives and discharge planning for the recipient.

Sec. 11.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:


Subd. 20b.

Mental health targeted case management through interactive video.

(a) Subject to federal approval, contact made for targeted case management by interactive
video shall be eligible for payment under section 256B.0924, subdivision 6, if:

(1) the person receiving targeted case management services is residing in:

(i) a hospital;

(ii) a nursing facility; or

(iii) a residential setting licensed under chapter 245A or 245D, or a boarding and
lodging establishment or a lodging establishment that provides supportive services or
health supervision services according to section 157.17, that is staffed 24 hours per day,
seven days per week;

(2) interactive video is in the best interests of the person and is deemed appropriate
by the person receiving targeted case management or the person's legal guardian, the case
management provider, and the provider operating the setting where the person is residing;

(3) the use of interactive video is approved as part of the person's written personal
service or case plan taking into consideration the person's vulnerability and active personal
relationships; and

(4) interactive video is used for up to, but not more than, 50 percent of the minimum
required face-to-face contacts.

(b) The person receiving targeted case management or the person's legal guardian
has the right to choose and consent to the use of interactive video under this subdivision
and has the right to refuse the use of interactive video at any time.

(c) The commissioner shall establish criteria that a targeted case management
provider must attest to in order to demonstrate the safety or efficacy of delivering the service
via interactive video. The attestation may include that the case management provider has:

(1) written policies and procedures specific to interactive video services that are
regularly reviewed and updated;

(2) policies and procedures that adequately address client safety before, during, and
after the interactive video services are rendered;

(3) established protocols addressing how and when to discontinue interactive video
services; and

(4) established a quality assurance process related to interactive video services.

(d) As a condition of payment, the targeted case management provider must
document the following for each occurrence of targeted case management provided by
interactive video:

(1) the time the service began and the time the service ended, including an a.m. and
p.m. designation;

(2) the basis for determining that interactive video is an appropriate and effective
means for delivering the service to the person receiving case management services;

(3) the mode of transmission of the interactive video services and records evidencing
that a particular mode of transmission was utilized;

(4) the location of the originating site and the distant site; and

(5) compliance with the criteria attested to by the targeted case management provider
as provided in paragraph (c).

Sec. 12.

Minnesota Statutes 2014, section 256B.0924, is amended by adding a
subdivision to read:


Subd. 4a.

Targeted case management through interactive video.

(a) Subject to
federal approval, contact made for targeted case management by interactive video shall be
eligible for payment under subdivision 6 if:

(1) the person receiving targeted case management services is residing in:

(i) a hospital;

(ii) a nursing facility;

(iii) a residential setting licensed under chapter 245A or 245D, or a boarding and
lodging establishment or a lodging establishment that provides supportive services or
health supervision services according to section 157.17, that is staffed 24 hours per day,
seven days per week;

(2) interactive video is in the best interests of the person and is deemed appropriate
by the person receiving targeted case management or the person's legal guardian, the case
management provider, and the provider operating the setting where the person is residing;

(3) the use of interactive video is approved as part of the person's written personal
service or case plan; and

(4) interactive video is used for up to, but not more than, 50 percent of the minimum
required face-to-face contacts.

(b) The person receiving targeted case management or the person's legal guardian
has the right to choose and consent to the use of interactive video under this subdivision
and has the right to refuse the use of interactive video at any time.

(c) The commissioner shall establish criteria that a targeted case management
provider must attest to in order to demonstrate the safety or efficacy of delivering the service
via interactive video. The attestation may include that the case management provider has:

(1) written policies and procedures specific to interactive video services that are
regularly reviewed and updated;

(2) policies and procedures that adequately address client safety before, during, and
after the interactive video services are rendered;

(3) established protocols addressing how and when to discontinue interactive video
services; and

(4) established a quality assurance process related to interactive video services.

(d) As a condition of payment, the targeted case management provider must
document the following for each occurrence of targeted case management provided by
interactive video:

(1) the time the service began and the time the service ended, including an a.m. and
p.m. designation;

(2) the basis for determining that interactive video is an appropriate and effective
means for delivering the service to the person receiving case management services;

(3) the mode of transmission of the interactive video services and records evidencing
that a particular mode of transmission was utilized;

(4) the location of the originating site and the distant site; and

(5) compliance with the criteria attested to by the targeted case management provider
as provided in paragraph (c).

Sec. 13. COMMISSIONER DUTY TO SEEK FEDERAL APPROVAL.

The commissioner of human services shall seek federal approval that is necessary
to implement Minnesota Statutes, sections 256B.0621, subdivision 10, and 256B.0625,
subdivision 20, for interactive video contact.

Sec. 14. RURAL DEMONSTRATION PROJECT.

(a) Children's mental health collaboratives under Minnesota Statutes, section
245.493, are eligible to apply for grant funding under this section. The commissioner shall
solicit proposals and select the proposal that best meets the requirements under paragraph
(c). Only one demonstration project may be funded under this section.

(b) The demonstration project must:

(1) support youth served to achieve, within their potential, their personal goals
in employment, education, living situation, personal effectiveness, and community life
functioning;

(2) build on and streamline transition services by identifying rural youth ages 15 to
25 currently in the mental health system or with emerging mental health conditions;

(3) provide individualized motivational coaching;

(4) build needed social supports;

(5) demonstrate how services can be enhanced for youth to successfully navigate the
complexities associated with their unique needs;

(6) utilize all available funding streams;

(7) evaluate the effectiveness of the project; and

(8) compare differences in outcomes and costs to youth without previous access
to this project.

(c) The commissioner shall report to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over mental health
issues on the status and outcomes of the demonstration project by January 15, 2019. The
children's mental health collaboratives administering the demonstration project shall
collect and report outcome data, per guidelines approved by the commissioner, to support
the development of this report.

ARTICLE 6

CHILDREN AND FAMILIES

Section 1.

Minnesota Statutes 2014, section 119B.13, subdivision 1, is amended to read:


Subdivision 1.

Subsidy restrictions.

(a) Beginning February 3, 2014, the maximum
rate paid for child care assistance in any county or county price cluster under the child
care fund shall be the greater of the 25th percentile of the 2011 child care provider rate
survey or the maximum rate effective November 28, 2011. For a child care provider
located inside the boundaries of a city located in two or more counties, the maximum rate
paid for child care assistance shall be equal to the maximum rate paid in the county with
the highest maximum reimbursement rates or the provider's charge, whichever is less.
The
commissioner may: (1) assign a county with no reported provider prices to a similar price
cluster; and (2) consider county level access when determining final price clusters.

(b) A rate which includes a special needs rate paid under subdivision 3 may be in
excess of the maximum rate allowed under this subdivision.

(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care
on an hourly, full-day, and weekly basis, including special needs and disability care. The
maximum payment to a provider for one day of care must not exceed the daily rate. The
maximum payment to a provider for one week of care must not exceed the weekly rate.

(d) Child care providers receiving reimbursement under this chapter must not be
paid activity fees or an additional amount above the maximum rates for care provided
during nonstandard hours for families receiving assistance.

(e) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

(f) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.

(g) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum
registration fees in effect on January 1, 2013, shall remain in effect.

EFFECTIVE DATE.

This section is effective September 11, 2017.

Sec. 2.

[245A.043] ELECTRONIC APPLICATION; INFORMATION.


(a) The commissioner, in consultation with child care providers, shall conduct a
feasibility study regarding the development of a single, easily accessible Web site that
complies with the requirements contained in the federal reauthorization of the federal
Child Care Development Fund. In conducting the study, the commissioner shall review
current child care licensing processes and regulations in order to determine methods by
which the commissioner can streamline processes for current and prospective child care
providers including but not limited to applications for licensure, license renewals, and
provider record keeping. As part of this review, the commissioner must evaluate the
feasibility of developing an online system that would allow child care providers and
prospective child care providers to:

(1) access a guide on how to start a child care business;

(2) access all applicable statutes, administrative rules, and agency policies and
procedures, including training requirements;

(3) access up-to-date contact information for state and county agency licensing staff;

(4) access information on the availability of grant programs and other resources
for providers;

(5) use an online reimbursement tool for payment under the child care assistance
programs; and

(6) submit a single electronic application and license renewal, including all
supporting documentation required by the commissioner, information related to child
care assistance program registration, and application for rating in the quality rating and
improvement system.

(b) Within the available appropriation for the feasibility study, the commissioner
must evaluate each of the six issues listed in paragraph (a).

(c) The commissioner shall submit the feasibility study to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over child care by September 30, 2016.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

[245A.055] NOTIFICATION TO PROVIDER.

(a) When the county employee responsible for family child care and group family
child care licensing conducts a licensing inspection or conducts a home visit, the employee
must provide, prior to departure from the residence or facility, a written notification to
the licensee of any potential licensing violations noted. The notification must include
the condition that constitutes the violation, the action that must be taken to correct the
condition, and the time allowed to correct the violation.

(b) Providing this notification to the licensee does not relieve the county employee
from notifying the commissioner of the violation as required by statute and administrative
rule.

Sec. 4.

[245A.23] POSITIVE SUPPORT STRATEGIES.

(a) The commissioner of human services, in conjunction with licensed programs that
provide group family day care and family day care under Minnesota Rules, chapter 9502,
and child care centers licensed under Minnesota Rules, chapter 9503, must review and
evaluate the applicability of Minnesota Rules, chapter 9544, the positive support strategies
and restrictive interventions rules, to child care programs. The commissioner must
consider the undue hardship, including increased cost and reduction in child care services,
experienced by child care providers and child care centers as a result of the application
of Minnesota Rules, chapter 9544. The commissioner must determine which rules must
apply to each type of program, to what extent each rule must apply, and consider granting
variances to the requirements to programs that submit a request for a variance. The
commissioner must complete this review and evaluation process of the applicability of
Minnesota Rules, chapter 9544, to child care programs no later than December 31, 2016.
Within available appropriations, the commissioner must submit a written plan to modify
application of rules for child care programs to the house of representatives and senate
committees with jurisdiction over child care no later than January 15, 2017.

(b) Until the commissioner has completed the review and evaluation process and
submitted a written plan to the legislature required under paragraph (a), programs licensed
as family day care and group family day care facilities under Minnesota Rules, chapter
9502, and programs licensed as child care centers under Minnesota Rules, chapter 9503,
are exempt from the following rules:

(1) Minnesota Rules, part 9544.0040, functional behavior assessment, unless the
child has a case manager under section 256B.092, subdivision 1a, paragraph (e); and

(2) Minnesota Rules, part 9544.0090, staff qualifications and training.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

[245A.55] TRAINING FOR COUNTY LICENSING STAFF ON FAMILY
CHILD CARE AND GROUP FAMILY CHILD CARE REQUIREMENTS;
SUPERVISION.

(a) Within the first two months of employment, county staff who license and inspect
family child care and group family child care programs must complete at least eight hours
of training on state statutes, administrative rules, and department policies related to the
licensing and regulation of family child care and group family child care programs. The
department must develop the training curriculum to ensure that all county staff who perform
licensing and inspection functions receive uniform training. This training must include:

(1) explicit instructions that county staff who license and perform inspections
must apply only state statutes, administrative rules, and Department of Human Services
policies in the performance of their duties. Training must reinforce that county staff are
prohibited from imposing standards or requirements that are not imposed by statute, rule,
or approved state policy;

(2) the rights of license holders, including their grievance and appeal rights. This
training must include information on the responsibility of the county staff to inform license
holders of their rights, including grievance and appeal rights; and

(3) the procedure for county staff to seek clarification from the Department of
Human Services prior to issuing a correction order or other notice of violation to a license
holder if there is a dispute between the license holder and the county licensor regarding
the applicability of a statute or rule to the alleged violation.

(b) To ensure consistency among all licensing staff, the commissioner must develop
a procedure by which the department will implement increased training and oversight of
county staff who perform licensing functions related to family child care licensing. This
procedure must ensure that the commissioner conducts at least biennial reviews of county
licensing performance.

(c) Each calendar year, county agency staff who license and regulate family child
care providers and group family child care providers and their supervisors must receive
notice from the commissioner on new laws enacted or adopted in the previous 12-month
period relating to family child care providers and group family child care providers. The
commissioner shall provide the notices each year to include information on new laws and
disseminate the notices to county agencies.

Sec. 6.

Minnesota Statutes 2014, section 256D.051, subdivision 6b, is amended to read:


Subd. 6b.

Federal reimbursement.

(a) Federal financial participation from
the United States Department of Agriculture for food stamp employment and training
expenditures that are eligible for reimbursement through the food stamp employment and
training program are dedicated funds and are annually appropriated to the commissioner
of human services for the operation of the food stamp employment and training program.

(b) The appropriation must be used for skill attainment through employment,
training, and support services for food stamp participants. By February 15, 2017, the
commissioner shall report to the chairs and ranking minority members of the legislative
committees having jurisdiction over the food stamp program on the progress of securing
additional federal reimbursement dollars under this program.

(c) Federal financial participation for the nonstate portion of food stamp employment
and training costs must be paid to the county agency or service provider that incurred
the costs.

Sec. 7.

Minnesota Statutes 2014, section 518.175, subdivision 5, is amended to read:


Subd. 5.

Modification of parenting plan or order for parenting time.

(a) If
a parenting plan or an order granting parenting time cannot be used to determine the
number of overnights or overnight equivalents the child has with each parent, the court
shall modify the parenting plan or order granting parenting time so that the number of
overnights or overnight equivalents the child has with each parent can be determined. For
purposes of this section, "overnight equivalents" has the meaning provided in section
518A.36, subdivision 1.

(b) If modification would serve the best interests of the child, the court shall modify
the decision-making provisions of a parenting plan or an order granting or denying
parenting time, if the modification would not change the child's primary residence.
Consideration of a child's best interest includes a child's changing developmental needs.

(b) (c) Except as provided in section 631.52, the court may not restrict parenting
time unless it finds that:

(1) parenting time is likely to endanger the child's physical or emotional health or
impair the child's emotional development; or

(2) the parent has chronically and unreasonably failed to comply with court-ordered
parenting time.

A modification of parenting time which increases a parent's percentage of parenting time
to an amount that is between 45.1 to 54.9 percent parenting time is not a restriction of
the other parent's parenting time.

(c) (d) If a parent makes specific allegations that parenting time by the other
parent places the parent or child in danger of harm, the court shall hold a hearing at
the earliest possible time to determine the need to modify the order granting parenting
time. Consistent with subdivision 1a, the court may require a third party, including the
local social services agency, to supervise the parenting time or may restrict a parent's
parenting time if necessary to protect the other parent or child from harm. If there is an
existing order for protection governing the parties, the court shall consider the use of an
independent, neutral exchange location for parenting time.

EFFECTIVE DATE.

This section is effective August 1, 2018.

Sec. 8.

Minnesota Statutes 2015 Supplement, section 518A.26, subdivision 14, is
amended to read:


Subd. 14.

Obligor.

"Obligor" means a person obligated to pay maintenance or
support. For purposes of ordering medical support under section 518A.41, a parent who
has primary physical custody of a child may be an obligor subject to a payment agreement
under section 518A.69. If a parent has more than 55 percent court-ordered parenting time,
there is a rebuttable presumption that the parent shall have a zero-dollar basic support
obligation. A party seeking to overcome this presumption must show, and the court must
consider, the following:

(1) a significant income disparity, which may include potential income determined
under section 518A.32;

(2) the benefit and detriment to the child and the ability of each parent to meet
the needs of the child; and

(3) whether the application of the presumption would have an unjust or inappropriate
result.

The presumption of a zero-dollar basic support obligation does not eliminate that parent's
obligation to pay child support arrears pursuant to section 518A.60.

EFFECTIVE DATE.

This section is effective August 1, 2018.

Sec. 9.

Minnesota Statutes 2014, section 518A.34, is amended to read:


518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.

(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.

(b) To determine the obligor's basic support obligation, the court shall:

(1) determine the gross income of each parent under section 518A.29;

(2) calculate the parental income for determining child support (PICS) of each
parent, by subtracting from the gross income the credit, if any, for each parent's nonjoint
children under section 518A.33;

(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;

(4) determine the combined basic support obligation by application of the guidelines
in section 518A.35;

(5) determine the obligor's each parent's share of the combined basic support
obligation by multiplying the percentage figure from clause (3) by the combined basic
support obligation in clause (4); and

(6) determine the parenting expense adjustment, if any, as apply the parenting
expense adjustment formula
provided in section 518A.36, and adjust the obligor's basic
support obligation accordingly
to determine the obligor's basic support obligation. If the
parenting time of the parties is presumed equal, section 518A.36, subdivision 3, applies
to the calculation of the basic support obligation and a determination of which parent
is the obligor.

(c) If the parents have split custody of the joint children, child support shall be
calculated for each joint child as follows:

(1) the court shall determine each parent's basic support obligation under paragraph
(b) and shall include the amount of each parent's obligation in the court order. If the basic
support calculation results in each parent owing support to the other, the court shall offset
the higher basic support obligation with the lower basic support obligation to determine
the amount to be paid by the parent with the higher obligation to the parent with the
lower obligation. For the purpose of the cost-of-living adjustment required under section
518A.75, the adjustment must be based on each parent's basic support obligation prior to
offset. For the purposes of this paragraph, "split custody" means that there are two or more
joint children and each parent has at least one joint child more than 50 percent of the time;

(2) if each parent pays all child care expenses for at least one joint child, the court
shall calculate child care support for each joint child as provided in section 518A.40. The
court shall determine each parent's child care support obligation and include the amount of
each parent's obligation in the court order. If the child care support calculation results in
each parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and

(3) if each parent pays all medical or dental insurance expenses for at least one
joint child, medical support shall be calculated for each joint child as provided in section
518A.41. The court shall determine each parent's medical support obligation and include
the amount of each parent's obligation in the court order. If the medical support calculation
results in each parent owing support to the other, the court shall offset the higher medical
support obligation with the lower medical support obligation to determine the amount to
be paid by the parent with the higher obligation to the parent with the lower obligation.
Unreimbursed and uninsured medical expenses are not included in the presumptive amount
of support owed by a parent and are calculated and collected as provided in section 518A.41.

(d) The court shall determine the child care support obligation for the obligor
as provided in section 518A.40.

(d) (e) The court shall determine the medical support obligation for each parent as
provided in section 518A.41. Unreimbursed and uninsured medical expenses are not
included in the presumptive amount of support owed by a parent and are calculated and
collected as described in section 518A.41.

(e) (f) The court shall determine each parent's total child support obligation by
adding together each parent's basic support, child care support, and health care coverage
obligations as provided in this section.

(f) (g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.

(g) (h) The final child support order shall separately designate the amount owed for
basic support, child care support, and medical support. If applicable, the court shall use
the self-support adjustment and minimum support adjustment under section 518A.42 to
determine the obligor's child support obligation.

EFFECTIVE DATE.

This section is effective August 1, 2018.

Sec. 10.

Minnesota Statutes 2014, section 518A.36, is amended to read:


518A.36 PARENTING EXPENSE ADJUSTMENT.

Subdivision 1.

General.

(a) The parenting expense adjustment under this section
reflects the presumption that while exercising parenting time, a parent is responsible
for and incurs costs of caring for the child, including, but not limited to, food, clothing,
transportation, recreation, and household expenses. Every child support order shall specify
the percentage of parenting time granted to or presumed for each parent. For purposes
of this section, the percentage of parenting time means the percentage of time a child is
scheduled to spend with the parent during a calendar year according to a court order
averaged over a two-year period. Parenting time includes time with the child whether it is
designated as visitation, physical custody, or parenting time. The percentage of parenting
time may be determined by calculating the number of overnights or overnight equivalents
that a child parent spends with a parent, or child pursuant to a court order. For purposes of
this section, overnight equivalents are calculated
by using a method other than overnights
if the parent has significant time periods on separate days where the child is in the parent's
physical custody and under the direct care of the parent but does not stay overnight. The
court may consider the age of the child in determining whether a child is with a parent
for a significant period of time.

(b) If there is not a court order awarding parenting time, the court shall determine
the child support award without consideration of the parenting expense adjustment. If a
parenting time order is subsequently issued or is issued in the same proceeding, then the
child support order shall include application of the parenting expense adjustment.

Subd. 2.

Calculation of parenting expense adjustment.

The obligor is entitled to
a parenting expense adjustment calculated as provided in this subdivision. The court shall:

(1) find the adjustment percentage corresponding to the percentage of parenting
time allowed to the obligor below:

Percentage Range of Parenting
Time
Adjustment Percentage
(i)
less than 10 percent
no adjustment
(ii)
10 percent to 45 percent
12 percent
(iii)
45.1 percent to 50 percent
presume parenting time is equal

(2) multiply the adjustment percentage by the obligor's basic child support obligation
to arrive at the parenting expense adjustment; and

(3) subtract the parenting expense adjustment from the obligor's basic child support
obligation. The result is the obligor's basic support obligation after parenting expense
adjustment.

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

(1) "parent A" means the parent with whom the child or children will spend the least
number of overnights under the court order; and

(2) "parent B" means the parent with whom the child or children will spend the
greatest number of overnights under the court order.

(b) The court shall apply the following formula to determine which parent is the
obligor and calculate the basic support obligation:

(1) raise to the power of three the approximate number of annual overnights the child
or children will likely spend with parent A;

(2) raise to the power of three the approximate number of annual overnights the child
or children will likely spend with parent B;

(3) multiply the result of clause (1) times parent B's share of the combined basic
support obligation as determined in section 518A.34, paragraph (b), clause (5);

(4) multiply the result of clause (2) times parent A's share of the combined basic
support obligation as determined in section 518A.34, paragraph (b), clause (5);

(5) subtract the result of clause (4) from the result of clause (3); and

(6) divide the result of clause (5) by the sum of clauses (1) and (2).

(c) If the result is a negative number, parent A is the obligor, the negative number
becomes its positive equivalent, and the result is the basic support obligation. If the result
is a positive number, parent B is the obligor and the result is the basic support obligation.

Subd. 3.

Calculation of basic support when parenting time presumed is equal.

(a) If the parenting time is equal and the parental incomes for determining child support of
the parents also are equal, no basic support shall be paid unless the court determines that
the expenses for the child are not equally shared.

(b) If the parenting time is equal but the parents' parental incomes for determining
child support are not equal, the parent having the greater parental income for determining
child support shall be obligated for basic child support, calculated as follows:

(1) multiply the combined basic support calculated under section 518A.34 by 0.75;

(2) prorate the amount under clause (1) between the parents based on each parent's
proportionate share of the combined PICS; and

(3) subtract the lower amount from the higher amount.

The resulting figure is the obligation after parenting expense adjustment for the
parent with the greater parental income for determining child support.

EFFECTIVE DATE.

This section is effective August 1, 2018.

Sec. 11.

Minnesota Statutes 2015 Supplement, section 518A.39, subdivision 2, is
amended to read:


Subd. 2.

Modification.

(a) The terms of an order respecting maintenance or support
may be modified upon a showing of one or more of the following, any of which makes
the terms unreasonable and unfair: (1) substantially increased or decreased gross income
of an obligor or obligee; (2) substantially increased or decreased need of an obligor or
obligee or the child or children that are the subject of these proceedings; (3) receipt of
assistance under the AFDC program formerly codified under sections 256.72 to 256.87
or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for
either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary
medical expenses of the child not provided for under section 518A.41; (6) a change in
the availability of appropriate health care coverage or a substantial increase or decrease
in health care coverage costs; (7) the addition of work-related or education-related child
care expenses of the obligee or a substantial increase or decrease in existing work-related
or education-related child care expenses; or (8) upon the emancipation of the child, as
provided in subdivision 5.

(b) It is presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably presumed to be
unreasonable and unfair if:

(1) the application of the child support guidelines in section 518A.35, to the current
circumstances of the parties results in a calculated court order that is at least 20 percent
and at least $75 per month higher or lower than the current support order or, if the current
support order is less than $75, it results in a calculated court order that is at least 20
percent per month higher or lower;

(2) the medical support provisions of the order established under section 518A.41
are not enforceable by the public authority or the obligee;

(3) health coverage ordered under section 518A.41 is not available to the child for
whom the order is established by the parent ordered to provide;

(4) the existing support obligation is in the form of a statement of percentage and not
a specific dollar amount;

(5) the gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party; or

(6) a deviation was granted based on the factor in section 518A.43, subdivision 1,
clause (4), and the child no longer resides in a foreign country or the factor is otherwise no
longer applicable.

(c) A child support order is not presumptively modifiable solely because an obligor
or obligee becomes responsible for the support of an additional nonjoint child, which is
born after an existing order. Section 518A.33 shall be considered if other grounds are
alleged which allow a modification of support.

(d) If child support was established by applying a parenting expense adjustment
or presumed equal parenting time calculation under previously existing child support
guidelines and there is no parenting plan or order from which overnights or overnight
equivalents can be determined, there is a rebuttable presumption that the established
adjustment or calculation shall continue after modification so long as the modification is
not based on a change in parenting time. In determining an obligation under previously
existing child support guidelines, it is presumed that the court shall:

(1) if a 12 percent parenting expense adjustment was applied, multiply the obligor's
share of the combined basic support obligation calculated under section 518A.34,
paragraph (b), clause (5), by 0.88; or

(2) if the parenting time was presumed equal but the parents' parental incomes for
determining child support were not equal:

(i) multiply the combined basic support obligation under section 518A.34, paragraph
(b), clause (5), by 0.075;

(ii) prorate the amount under item (i) between the parents based on each parent's
proportionate share of the combined PICS; and

(iii) subtract the lower amount from the higher amount.

(e) On a motion for modification of maintenance, including a motion for the
extension of the duration of a maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance under section 518.552 that
exist at the time of the motion. On a motion for modification of support, the court:

(1) shall apply section 518A.35, and shall not consider the financial circumstances of
each party's spouse, if any; and

(2) shall not consider compensation received by a party for employment in excess of
a 40-hour work week, provided that the party demonstrates, and the court finds, that:

(i) the excess employment began after entry of the existing support order;

(ii) the excess employment is voluntary and not a condition of employment;

(iii) the excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;

(iv) the party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation;

(v) in the case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not excluded under this clause; and

(vi) in the case of an obligor who is in arrears in child support payments to the
obligee, any net income from excess employment must be used to pay the arrearages
until the arrearages are paid in full.

(e) (f) A modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any period
during which the petitioning party has pending a motion for modification but only from
the date of service of notice of the motion on the responding party and on the public
authority if public assistance is being furnished or the county attorney is the attorney of
record, unless the court adopts an alternative effective date under paragraph (l). The
court's adoption of an alternative effective date under paragraph (l) shall not be considered
a retroactive modification of maintenance or support.

(f) (g) Except for an award of the right of occupancy of the homestead, provided
in section 518.63, all divisions of real and personal property provided by section 518.58
shall be final, and may be revoked or modified only where the court finds the existence
of conditions that justify reopening a judgment under the laws of this state, including
motions under section 518.145, subdivision 2. The court may impose a lien or charge on
the divided property at any time while the property, or subsequently acquired property, is
owned by the parties or either of them, for the payment of maintenance or support money,
or may sequester the property as is provided by section 518A.71.

(g) (h) The court need not hold an evidentiary hearing on a motion for modification
of maintenance or support.

(h) (i) Sections 518.14 and 518A.735 shall govern the award of attorney fees for
motions brought under this subdivision.

(i) (j) Except as expressly provided, an enactment, amendment, or repeal of law does
not constitute a substantial change in the circumstances for purposes of modifying a
child support order.

(j) MS 2006 [Expired]

(k) On the first modification under the income shares method of calculation
following implementation of amended child support guidelines
, the modification of basic
support may be limited if the amount of the full variance would create hardship for either
the obligor or the obligee.

(l) The court may select an alternative effective date for a maintenance or support
order if the parties enter into a binding agreement for an alternative effective date.

EFFECTIVE DATE.

This section is effective August 1, 2018.

Sec. 12.

[518A.79] CHILD SUPPORT TASK FORCE.

Subdivision 1.

Establishment; purpose.

There is established the Child Support
Task Force for the Department of Human Services. The purpose of the task force is to
advise the commissioner of human services on matters relevant to maintaining effective
and efficient child support guidelines that will best serve the children of Minnesota and
take into account the changing dynamics of families.

Subd. 2.

Members.

(a) The task force must consist of:

(1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;

(2) two members of the senate, one appointed by the majority leader and one
appointed by the minority leader;

(3) one representative from the Minnesota County Attorneys Association;

(4) one staff member from the Department of Human Services Child Support
Division;

(5) one representative from a tribe with an approved IV-D program appointed by
resolution of the Minnesota Indian Affairs Council;

(6) one representative from the Minnesota Family Support Recovery Council;

(7) one child support magistrate, family court referee, or one district court judge or
retired judge with experience in child support matters, appointed by the chief justice of
the Supreme Court;

(8) four parents, at least two of whom represent diverse cultural and social
communities, appointed by the commissioner with equal representation between custodial
and noncustodial parents;

(9) one representative from the Minnesota Legal Services Coalition; and

(10) one representative from the Family Law Section of the Minnesota Bar
Association.

(b) Section 15.059 governs the Child Support Task Force.

(c) Members of the task force shall be compensated as provided in section 15.059,
subdivision 3.

Subd. 3.

Organization.

(a) The commissioner or the commissioner's designee shall
convene the first meeting of the task force.

(b) The members of the task force shall annually elect a chair and other officers
as the members deem necessary.

(c) The task force shall meet at least three times per year, with one meeting devoted
to collecting input from the public.

Subd. 4.

Staff.

The commissioner shall provide support staff, office space, and
administrative services for the task force.

Subd. 5.

Duties of the task force.

(a) General duties of the task force include, but
are not limited to:

(1) serving in an advisory capacity to the commissioner of human services;

(2) reviewing the effects of implementing the parenting expense adjustment enacted
by the 2016 legislature;

(3) at least every four years, preparing for and advising the commissioner on the
development of the quadrennial review report;

(4) collecting and studying information and data relating to child support awards; and

(5) conducting a comprehensive review of child support guidelines, economic
conditions, and other matters relevant to maintaining effective and efficient child support
guidelines.

(b) The task force must review, address, and make recommendations on the
following priority issues:

(1) the self-support reserve for custodial and noncustodial parents;

(2) simultaneous child support orders;

(3) obligors who are subject to child support orders in multiple counties;

(4) parents with multiple families;

(5) non-nuclear families, such as grandparents, relatives, and foster parents who
are caretakers of children;

(6) standards to apply for modifications; and

(7) updating section 518A.35, subdivision 2, the guideline for basic support.

Subd. 6.

Consultation.

The chair of the task force must consult with the Cultural
and Ethnic Communities Leadership Council at least annually on the issues under
consideration by the task force.

Subd. 7.

Report and recommendations.

Beginning February 15, 2018, and
biennially thereafter, if the task force is extended by the legislature, the commissioner
shall prepare and submit to the chairs and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over child support matters a
report that summarizes the activities of the task force, issues identified by the task force,
methods taken to address the issues, and recommendations for legislative action, if needed.

Subd. 8.

Expiration.

The task force expires June 30, 2019, unless extended by
the legislature.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 13.

Minnesota Statutes 2014, section 626.558, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include, but not be limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or
designees, representatives of health and education, representatives of mental health or
other appropriate human service or community-based agencies, and parent groups. As
used in this section, a "community-based agency" may include, but is not limited to,
schools, social service agencies, family service and mental health collaboratives, children's
advocacy centers,
early childhood and family education programs, Head Start, or other
agencies serving children and families. A member of the team must be designated as the
lead person of the team responsible for the planning process to develop standards for its
activities with battered women's and domestic abuse programs and services.

Sec. 14.

Minnesota Statutes 2014, section 626.558, subdivision 2, is amended to read:


Subd. 2.

Duties of team.

A multidisciplinary child protection team may provide
public and professional education, develop resources for prevention, intervention, and
treatment, and provide case consultation to the local welfare agency or other interested
community-based agencies. The community-based agencies may request case consultation
from the multidisciplinary child protection team regarding a child or family for whom the
community-based agency is providing services. As used in this section, "case consultation"
means a case review process in which recommendations are made concerning services to
be provided to the identified children and family. Case consultation may be performed by
a committee or subcommittee of members representing human services, including mental
health and chemical dependency; law enforcement, including probation and parole; the
county attorney; a children's advocacy center; health care; education; community-based
agencies and other necessary agencies; and persons directly involved in an individual case
as designated by other members performing case consultation.

Sec. 15.

Minnesota Statutes 2014, section 626.558, is amended by adding a subdivision
to read:


Subd. 4.

Children's advocacy center; definition.

(a) For purposes of this section,
"children's advocacy center" means an organization, using a multidisciplinary team
approach, whose primary purpose is to provide children who have been the victims of
abuse and their nonoffending family members with:

(1) support and advocacy;

(2) specialized medical evaluation;

(3) trauma-focused mental health services; and

(4) forensic interviews.

(b) Children's advocacy centers provide multidisciplinary case review and the
tracking and monitoring of case progress.

Sec. 16.

Laws 2015, chapter 71, article 1, section 125, is amended to read:


Sec. 125. LEGISLATIVE TASK FORCE; CHILD PROTECTION.

(a) A legislative task force is created to:

(1) review the efforts being made to implement the recommendations of the
Governor's Task Force on the Protection of Children, including a review of the roles and
functions of the Office of Ombudsperson for Families;

(2) expand the efforts into related areas of the child welfare system;

(3) work with the commissioner of human services and community partners to
establish and evaluate child protection grants to address disparities in child welfare
pursuant to Minnesota Statutes, section 256E.28; and

(4) identify additional areas within the child welfare system that need to be addressed
by the legislature;

(5) review and recommend alternatives to law enforcement responding to a
maltreatment report by removing the child, and evaluate situations in which it may
be appropriate for a social worker or other child protection worker to remove the child
from the home; and

(6) clarify the definition of "substantial child endangerment," and provide language
in bill form by January 1, 2017
.

(b) Members of the legislative task force shall include:

(1) the four legislators who served as members of the Governor's Task Force on
the Protection of Children;

(2) two four members from the house of representatives appointed by the speaker,
one two from the majority party and one two from the minority party; and

(3) two (2) four members from the senate, including two members appointed by the
senate majority leader, one from the majority party and one from the minority party two
members appointed by the senate minority leader
.

Members of the task force shall serve a term that expires on December 31 of the
even-numbered year following the year they are appointed.
The speaker and the majority
leader shall each appoint a chair and vice-chair from the membership of the task force.
The gavel chair shall rotate after each meeting, and the house of representatives shall
assume the leadership of the task force first
. The task force must meet at least quarterly.

(c) The task force may provide oversight and monitoring of:

(1) the efforts by the Department of Human Services, counties, and tribes to
implement laws related to child protection;

(2) efforts by the Department of Human Services, counties, and tribes to implement
the recommendations of the Governor's Task Force on the Protection of Children;

(3) efforts by agencies, including but not limited to the Minnesota Department
of Education, the Minnesota Housing Finance Agency, the Minnesota Department of
Corrections, and the Minnesota Department of Public Safety, to work with the Department
of Human Services to assure safety and well-being for children at risk of harm or children
in the child welfare system; and

(4) efforts by the Department of Human Services, other agencies, counties, and
tribes to implement best practices to ensure every child is protected from maltreatment
and neglect and to ensure every child has the opportunity for healthy development.

(d) The task force, in cooperation with the commissioner of human services,
shall issue a an annual report to the legislature and governor by February 1, 2016. The
report must contain information on the progress toward implementation of changes to
the child protection system, recommendations for additional legislative changes and
procedures affecting child protection and child welfare, and funding needs to implement
recommended changes.

(e) The task force shall convene upon the effective date of this section and shall
continue until the last day of the 2016 legislative session.

(e) This section expires December 31, 2020.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 17. CHILD CARE PROVIDER LIAISON AND ADVOCATE.

The commissioner of human services must designate a full-time employee of
the department to serve as a child care provider liaison and advocate. The child care
provider liaison and advocate must be responsive to requests from providers by providing
information or assistance in obtaining or renewing licenses, meeting state regulatory
requirements, or resolving disputes with state agencies or other political subdivisions.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 18. LEGISLATIVE TASK FORCE ON CHILD CARE.

Subdivision 1.

Creation.

A legislative task force on child care is created to review
the loss of child care providers in the state, assess affordability issues for providers and
parents, and identify areas that need to be addressed by the legislature.

Subd. 2.

Membership.

Task force members shall include:

(1) four members from the house of representatives appointed by the speaker of the
house, two from the majority party and two from the minority party; and

(2) four members from the senate appointed by the majority leader, two from the
majority party and two from the minority party.

Subd. 3.

Duties.

(a) The task force may:

(1) evaluate factors that contribute to child care costs for providers and families;

(2) assess the child care provider shortage in greater Minnesota;

(3) review the current preservice and in-service training requirements for family
child care providers and child care center staff. The review shall include training required
for licensure, including staff credentialing for child care center staff positions and the ways
in which the training aligns with Minnesota's Career Lattice and Minnesota's Knowledge
and Competency Framework for Early Childhood and School-Aged Care Practitioners;

(4) review the availability of training that is in place to meet the training needs of
providers, including the content of the training, cost, and delivery methods;

(5) consider creation of a board of child care to be responsible for all matters related
to licensing of child care providers, both in-home and center-based programs, and to
employ an advocate for child care providers;

(6) review the process of issuing and resolving correction orders issued to child
care providers;

(7) consider uniform training requirements for county employees and their
supervisors who perform duties related to licensing;

(8) review progress being made by the commissioner of human services to streamline
paperwork and reduce redundancies for child care providers;

(9) review the time it takes for the department to provide child care assistance
program reimbursement to providers; and

(10) consider options for conducting exit interviews with providers who leave the
child care field or choose not to be relicensed.

(b) Task force members may receive input from the commissioners of human
services and economic development, providers, and stakeholders to review all action items.

Subd. 4.

Recommendations and report.

The task force, in cooperation with the
commissioner of human services, shall issue a report to the legislature and governor by
December 31, 2016. The report must contain summary information obtained during
the task force meetings and recommendations for additional legislative changes and
procedures affecting child care.

EFFECTIVE DATE.

This section is effective the day following final enactment
and sunsets on December 31, 2016.

Sec. 19. DIRECTION TO COMMISSIONERS; INCOME AND ASSET
EXCLUSION.

(a) The commissioner of human services shall not count payments made to families
by the income and child development in the first three years of life demonstration
project as income or assets for purposes of determining or redetermining eligibility for
child care assistance programs under Minnesota Statutes, chapter 119B; the Minnesota
family investment program, work benefit program, or diversionary work program under
Minnesota Statutes, chapter 256J, during the duration of the demonstration.

(b) The commissioner of human services shall not count payments made to families
by the income and child development in the first three years of life demonstration project
as income for purposes of determining or redetermining eligibility for medical assistance
under Minnesota Statutes, chapter 256B, and MinnesotaCare under Minnesota Statutes,
chapter 256L.

(c) For the purposes of this section, "income and child development in the first
three years of life demonstration project" means a demonstration project funded by the
United States Department of Health and Human Services National Institutes of Health to
evaluate whether the unconditional cash payments have a causal effect on the cognitive,
socioemotional, and brain development of infants and toddlers.

(d) This section shall only be implemented if Minnesota is chosen as a site for
the child development in the first three years of life demonstration project, and expires
January 1, 2022.

(e) The commissioner of human services shall provide a report to the chairs and
ranking minority members of the legislative committees having jurisdiction over human
services issues by January 1, 2023, informing the legislature on the progress and outcomes
of the demonstration under this section.

EFFECTIVE DATE.

Paragraph (b) is effective August 16, 2016, or upon federal
approval, whichever is later.

Sec. 20. REVISOR'S INSTRUCTION.

The revisor of statutes, in consultation with the commissioner of human services;
the Office of Senate Counsel, Research, and Fiscal Analysis; and House Research, shall
recodify the Maltreatment of Minors Act, Minnesota Statutes, section 626.556, and
related statutes in order to create internal consistency, eliminate redundant language,
separate provisions governing investigations of maltreatment in institutions, and otherwise
reorganize the statutes to facilitate interpretation and application of the law. The
recodification must be drafted in bill form for introduction in the 2017 session.

Sec. 21. REPEALER; HANDS OFF CHILD CARE.

Minnesota Statutes 2014, sections 179A.50; 179A.51; 179A.52; and 179A.53, are
repealed.

ARTICLE 7

HEALTH-RELATED LICENSING

GENETIC COUNSELORS

Section 1.

[147F.01] DEFINITIONS.

Subdivision 1.

Applicability.

For purposes of sections 147F.01 to 147F.17, the
terms defined in this section have the meanings given them.

Subd. 2.

ABGC.

"ABGC" means the American Board of Genetic Counseling, a
national agency for certification and recertification of genetic counselors, or its successor
organization or equivalent.

Subd. 3.

ABMG.

"ABMG" means the American Board of Medical Genetics,
a national agency for certification and recertification of genetic counselors, medical
geneticists, and Ph.D. geneticists, or its successor organization.

Subd. 4.

ACGC.

"ACGC" means the Accreditation Council for Genetic Counseling,
a specialized program accreditation board for educational training programs granting
master's degrees or higher in genetic counseling, or its successor organization.

Subd. 5.

Board.

"Board" means the Board of Medical Practice.

Subd. 6.

Eligible status.

"Eligible status" means an applicant who has met the
requirements and received approval from the ABGC to sit for the certification examination.

Subd. 7.

Genetic counseling.

"Genetic counseling" means the provision of services
described in section 147F.03 to help clients and their families understand the medical,
psychological, and familial implications of genetic contributions to a disease or medical
condition.

Subd. 8.

Genetic counselor.

"Genetic counselor" means an individual licensed
under sections 147F.01 to 147F.17 to engage in the practice of genetic counseling.

Subd. 9.

Licensed physician.

"Licensed physician" means an individual who is
licensed to practice medicine under chapter 147.

Subd. 10.

NSGC.

"NSGC" means the National Society of Genetic Counselors, a
professional membership association for genetic counselors that approves continuing
education programs.

Subd. 11.

Qualified supervisor.

"Qualified supervisor" means any person who is
licensed under sections 147F.01 to 147F.17 as a genetic counselor or a physician licensed
under chapter 147 to practice medicine in Minnesota.

Subd. 12.

Supervisee.

"Supervisee" means a genetic counselor with a provisional
license.

Subd. 13.

Supervision.

"Supervision" means an assessment of the work of the
supervisee, including regular meetings and file review, by a qualified supervisor according
to the supervision contract. Supervision does not require the qualified supervisor to be
present while the supervisee provides services.

Sec. 2.

[147F.03] SCOPE OF PRACTICE.

The practice of genetic counseling by a licensed genetic counselor includes the
following services:

(1) obtaining and interpreting individual and family medical and developmental
histories;

(2) determining the mode of inheritance and the risk of transmitting genetic
conditions and birth defects;

(3) discussing the inheritance, features, natural history, means of diagnosis, and
management of conditions with clients;

(4) identifying, coordinating, ordering, and explaining the clinical implications of
genetic laboratory tests and other laboratory studies;

(5) assessing psychosocial factors, including social, educational, and cultural issues;

(6) providing client-centered counseling and anticipatory guidance to the client or
family based on their responses to the condition, risk of occurrence, or risk of recurrence;

(7) facilitating informed decision-making about testing and management;

(8) identifying and using community resources that provide medical, educational,
financial, and psychosocial support and advocacy; and

(9) providing accurate written medical, genetic, and counseling information for
families and health care professionals.

Sec. 3.

[147F.05] UNLICENSED PRACTICE PROHIBITED; PROTECTED
TITLES AND RESTRICTIONS ON USE.

Subdivision 1.

Protected titles.

No individual may use the title "genetic counselor,"
"licensed genetic counselor," "gene counselor," "genetic consultant," "genetic assistant,"
"genetic associate," or any words, letters, abbreviations, or insignia indicating or implying
that the individual is eligible for licensure by the state as a genetic counselor unless the
individual has been licensed as a genetic counselor according to sections 147F.01 to
147F.17.

Subd. 2.

Unlicensed practice prohibited.

Effective January 1, 2018, no individual
may practice genetic counseling unless the individual is licensed as a genetic counselor
sections 147F.01 to 147F.17 except as otherwise provided under sections 147F.01 to
147F.17.

Subd. 3.

Other practitioners.

(a) Nothing in sections 147F.01 to 147F.17 shall be
construed to prohibit or restrict the practice of any profession or occupation licensed
or registered by the state by an individual duly licensed or registered to practice the
profession or occupation or to perform any act that falls within the scope of practice
of the profession or occupation.

(b) Nothing in sections 147F.01 to 147F.17 shall be construed to require a license
under sections 147F.01 to 147F.17 for:

(1) an individual employed as a genetic counselor by the federal government or a
federal agency if the individual is providing services under the direction and control of
the employer;

(2) a student or intern, having graduated within the past six months, or currently
enrolled in an ACGC-accredited genetic counseling educational program providing
genetic counseling services that are an integral part of the student's or intern's course
of study, are performed under the direct supervision of a licensed genetic counselor or
physician who is on duty in the assigned patient care area, and the student is identified by
the title "genetic counseling intern";

(3) a visiting ABGC- or ABMG-certified genetic counselor working as a consultant
in this state who permanently resides outside of the state, or the occasional use of services
from organizations from outside of the state that employ ABGC- or ABMG-certified
genetic counselors. This is limited to practicing for 30 days total within one calendar year.
Certified genetic counselors from outside of the state working as a consultant in this state
must be licensed in their state of residence if that credential is available; or

(4) an individual who is licensed to practice medicine under chapter 147.

Subd. 4.

Sanctions.

An individual who violates this section is guilty of a
misdemeanor and shall be subject to sanctions or actions according to section 214.11.

Sec. 4.

[147F.07] LICENSURE REQUIREMENTS.

Subdivision 1.

General requirements for licensure.

To be eligible for licensure, an
applicant, with the exception of those seeking licensure by reciprocity under subdivision
2, must submit to the board:

(1) a completed application on forms provided by the board along with all fees
required under section 147F.17. The applicant must include:

(i) the applicant's name, Social Security number, home address and telephone
number, and business address and telephone number if currently employed;

(ii) the name and location of the genetic counseling or medical program the applicant
completed;

(iii) a list of degrees received from other educational institutions;

(iv) a description of the applicant's professional training;

(v) a list of registrations, certifications, and licenses held in other jurisdictions;

(vi) a description of any other jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and

(viii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(2) evidence of graduation from an education program accredited by the ACGC or
its predecessor or successor organization;

(3) a verified copy of a valid and current certification issued by the ABGC or ABMG
as a certified genetic counselor, or by the ABMG as a certified medical geneticist;

(4) additional information as requested by the board, including any additional
information necessary to ensure that the applicant is able to practice with reasonable skill
and safety to the public;

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

(6) a signed waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant completed an educational program or
engaged in the practice of genetic counseling.

Subd. 2.

Licensure by reciprocity.

To be eligible for licensure by reciprocity,
the applicant must hold a current genetic counselor or medical geneticist registration
or license in another state, the District of Columbia, or a territory of the United States,
whose standards for registration or licensure are at least equivalent to those of Minnesota,
and must:

(1) submit the application materials and fees as required by subdivision 1, clauses
(1), (2), and (4) to (6);

(2) provide a verified copy from the appropriate government body of a current
registration or license for the practice of genetic counseling in another jurisdiction that has
initial registration or licensing requirements equivalent to or higher than the requirements
in subdivision 1; and

(3) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a registration or license. Each letter must state
the applicant's name, date of birth, registration or license number, date of issuance, a
statement regarding disciplinary actions, if any, taken against the applicant, and the terms
under which the registration or license was issued.

Subd. 3.

Licensure by equivalency.

(a) The board may grant a license to an
individual who does not meet the certification requirements in subdivision 1 but who
has been employed as a genetic counselor for a minimum of ten years and provides the
following documentation to the board no later than February 1, 2018:

(1) proof of a master's or higher degree in genetics or related field of study from an
accredited educational institution;

(2) proof that the individual has never failed the ABGC or ABMG certification
examination;

(3) three letters of recommendation, with at least one from an individual eligible for
licensure under sections 147F.01 to 147F.17, and at least one from an individual certified
as a genetic counselor by the ABGC or ABMG or an individual certified as a medical
geneticist by the ABMG. An individual who submits a letter of recommendation must
have worked with the applicant in an employment setting during the past ten years and
must attest to the applicant's competency; and

(4) documentation of the completion of 100 hours of NSGC-approved continuing
education credits within the past five years.

(b) This subdivision expires February 1, 2018.

Subd. 4.

License expiration.

A genetic counselor license shall be valid for one
year from the date of issuance.

Subd. 5.

License renewal.

To be eligible for license renewal, a licensed genetic
counselor must submit to the board:

(1) a renewal application on a form provided by the board;

(2) the renewal fee required under section 147F.17;

(3) evidence of compliance with the continuing education requirements in section
147F.11; and

(4) any additional information requested by the board.

Sec. 5.

[147F.09] BOARD ACTION ON APPLICATIONS FOR LICENSURE.

(a) The board shall act on each application for licensure according to paragraphs
(b) to (d).

(b) The board shall determine if the applicant meets the requirements for licensure
under section 147F.07. The board may investigate information provided by an applicant to
determine whether the information is accurate and complete.

(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying licensure if a license is denied, and the applicant's right to review
the board's decision under paragraph (d).

(d) Applicants denied licensure may make a written request to the board, within 30
days of the board's notice, to appear before the advisory council and for the advisory
council to review the board's decision to deny the applicant's license. After reviewing the
denial, the advisory council shall make a recommendation to the board as to whether
the denial shall be affirmed. Each applicant is allowed only one request for review per
licensure period.

Sec. 6.

[147F.11] CONTINUING EDUCATION REQUIREMENTS.

(a) A licensed genetic counselor must complete a minimum of 25 hours of NSGC-
or ABMG-approved continuing education units every two years. If a licensee's renewal
term is prorated to be more or less than one year, the required number of continuing
education units is prorated proportionately.

(b) The board may grant a variance to the continuing education requirements
specified in this section if a licensee demonstrates to the satisfaction of the board that the
licensee is unable to complete the required number of educational units during the renewal
term. The board may allow the licensee to complete the required number of continuing
education units within a time frame specified by the board. In no case shall the board
allow the licensee to complete less than the required number of continuing education units.

Sec. 7.

[147F.13] DISCIPLINE; REPORTING.

For purposes of sections 147F.01 to 147F.17, licensed genetic counselors and
applicants are subject to sections 147.091 to 147.162.

Sec. 8.

[147F.15] LICENSED GENETIC COUNSELOR ADVISORY COUNCIL.

Subdivision 1.

Membership.

The board shall appoint a five-member Licensed
Genetic Counselor Advisory Council. One member must be a licensed physician with
experience in genetics, three members must be licensed genetic counselors, and one
member must be a public member.

Subd. 2.

Organization.

The advisory council shall be organized and administered
as provided in section 15.059.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for licensed genetic counselors;

(2) provide for distribution of information regarding licensed genetic counselor
practice standards;

(3) advise the board on enforcement of sections 147F.01 to 147F.17;

(4) review applications and recommend granting or denying licensure or license
renewal;

(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
licensed genetic counselors; and

(6) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.

Subd. 4.

Expiration.

Notwithstanding section 15.059, the advisory council does
not expire.

Sec. 9.

[147F.17] FEES.

Subdivision 1.

Fees.

Fees are as follows:

(1) license application fee, $200;

(2) initial licensure and annual renewal, $150;

(3) provisional license fee, $150; and

(4) late fee, $75.

Subd. 2.

Proration of fees.

The board may prorate the initial license fee. All
licensees are required to pay the full fee upon license renewal.

Subd. 3.

Penalty for late renewals.

An application for registration renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.

Subd. 4.

Nonrefundable fees.

All fees are nonrefundable.

Subd. 5.

Deposit.

Fees collected by the board under this section shall be deposited
in the state government special revenue fund.

SPOKEN LANGUAGE HEALTH CARE INTERPRETER

Sec. 10.

[148.9981] DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to sections
148.9981 to 148.9987.

Subd. 2.

Advisory council.

"Advisory council" means the Spoken Language Health
Care Interpreter Advisory Council established in section 148.9986.

Subd. 3.

Code of ethics.

"Code of ethics" means the National Code of Ethics for
Interpreters in Health Care, as published by the National Council on Interpreting in Health
Care or its successor, or the International Medical Interpreters Association or its successor.

Subd. 4.

Commissioner.

"Commissioner" means the commissioner of health.

Subd. 5.

Common languages.

"Common languages" mean the ten most frequent
languages without regard to dialect in Minnesota for which interpreters are listed on
the registry.

Subd. 6.

Interpreting standards of practice.

"Interpreting standards of practice"
means the interpreting standards of practice in health care as published by the National
Council on Interpreting in Health Care or its successor, or the International Medical
Interpreters Association or its successor.

Subd. 7.

Registry.

"Registry" means a database of spoken language health
care interpreters in Minnesota who have met the qualifications described under section
148.9982, subdivision 2, 3, 4, or 5, which shall be maintained by the commissioner of
health.

Subd. 8.

Remote interpretation.

"Remote interpretation" means providing spoken
language interpreting services via a telephone or by video conferencing.

Subd. 9.

Spoken language health care interpreter or interpreter.

"Spoken
language health care interpreter" or "interpreter" means an individual who receives
compensation or other remuneration for providing spoken language interpreter services for
patients with limited English proficiency within a medical setting either by face-to-face
interpretation or remote interpretation.

Subd. 10.

Spoken language interpreting services.

"Spoken language interpreting
services" means the conversion of one spoken language into another by an interpreter for
the purpose of facilitating communication between a patient and a health care provider
who do not share a common spoken language.

Sec. 11.

[148.9982] REGISTRY.

Subdivision 1.

Establishment.

(a) By July 1, 2017, the commissioner of health
shall establish and maintain a registry for spoken language health care interpreters. The
registry shall contain four separate tiers based on different qualification standards for
education and training.

(b) An individual who wants to be listed on the registry must submit an application
to the commissioner on a form provided by the commissioner along with all applicable
fees required under section 148.9987. The form must include the applicant's name; Social
Security number; business address and telephone number, or home address and telephone
number if the applicant has a home office; the applicant's employer or the agencies with
which the applicant is affiliated; the employer's or agencies' addresses and telephone
numbers; and the languages the applicant is qualified to interpret.

(c) Upon receipt of the application, the commissioner shall determine if the applicant
meets the requirements for the applicable registry tier. The commissioner may request
further information from the applicant if the information provided is not complete or
accurate. The commissioner shall notify the applicant of action taken on the application,
and if the application is denied, the grounds for denying the application.

(d) If the commissioner denies an application, the applicant may apply for a lower
tier or may reapply for the same tier at a later date. If an applicant applies for a different
tier or reapplies for the same tier, the applicant must submit with the new application the
applicable fees under section 148.9987.

(e) Applicants who qualify for different tiers for different languages shall only be
required to complete one application and submit with the application the fee associated
with the highest tier for which the applicant is applying.

(f) The commissioner may request, as deemed necessary, additional information
from an applicant to determine or verify qualifications or collect information to manage
the registry or monitor the field of health care interpreting.

Subd. 2.

Tier 1 requirements.

The commissioner shall include on the tier 1 registry
an applicant who meets the following requirements:

(1) is at least 18 years of age;

(2) passes an examination approved by the commissioner on basic medical
terminology in English;

(3) passes an examination approved by the commissioner on interpreter ethics and
standards of practice; and

(4) affirms by signature, including electronic signature, that the applicant has read
the code of ethics and interpreting standards of practice identified on the registry Web
site and agrees to abide by them.

Subd. 3.

Tier 2 requirements.

The commissioner shall include on the tier 2 registry
an applicant who meets the requirements for tier 1 described under subdivision 2 and who:

(1) effective July 1, 2017, to June 30, 2018, provides proof of successfully
completing a training program for medical interpreters approved by the commissioner that
is, at a minimum, 40 hours in length; or

(2) effective July 1, 2018, provides proof of successfully completing a training
program for medical interpreters approved by the commissioner that is equal in length to
the number of hours required by the Certification Commission for Healthcare Interpreters
(CCHI) or National Council on Interpreting in Health Care (NCIHC) or their successors.
If the number of hours required by CCHI or its successor and the number of hours required
by the NCIHC or its successor differ, the number of hours required to qualify for the
registry shall be the greater of the two. A training program of 40 hours or more approved
by the commissioner and completed prior to July 1, 2017, may count toward the number
of hours required.

Subd. 4.

Tier 3 requirements.

The commissioner shall include on the tier 3 registry
an applicant who meets the requirements for tier 1 described under subdivision 2 and who:

(1) has a national certification in health care interpreting that does not include a
performance examination from a certifying organization approved by the commissioner; or

(2) provides proof of successfully completing an interpreting certification program
from an accredited United States academic institution approved by the commissioner
that is, at a minimum, 18 semester credits.

Subd. 5.

Tier 4 requirements.

(a) The commissioner shall include on the tier 4
registry an applicant who meets the requirements for tier 1 described under subdivision 2
and who:

(1) has a national certification from a certifying organization approved by the
commissioner in health care interpreting that includes a performance examination in the
non-English language in which the interpreter is registering to interpret; or

(2)(i) has an associate's degree or higher in interpreting from an accredited United
States academic institution. The degree and institution must be approved by the
commissioner and the degree must include a minimum of three semester credits in medical
terminology or medical interpreting; and

(ii) has achieved a score of "advanced mid" or higher on the American Council on
the Teaching of Foreign Languages Oral Proficiency Interview in a non-English language
in which the interpreter is registering to interpret.

(b) The commissioner, in consultation with the advisory council, may approve
alternative means of meeting oral proficiency requirements for tier 4 for languages
in which the American Council of Teaching of Foreign Languages Oral Proficiency
Interview is not available.

(c) The commissioner, in consultation with the advisory council, may approve a
degree from an educational institution from a foreign country as meeting the associate's
degree requirement in paragraph (a), clause (2). The commissioner may assess the
applicant a fee to cover the cost of foreign credential evaluation services approved by
the commissioner, in consultation with the advisory council, and any additional steps
necessary to process the application. Any assessed fee must be paid by the interpreter
before the interpreter will be registered.

Subd. 6.

Change of name and address.

Registered spoken language health
care interpreters who change their name, address, or e-mail address must inform the
commissioner in writing of the change within 30 days. All notices or other correspondence
mailed to the interpreter's address or e-mail address on file with the commissioner shall
be considered as having been received by the interpreter.

Subd. 7.

Data.

Section 13.41 applies to government data of the commissioner
on applicants and registered interpreters.

Sec. 12.

[148.9983] RENEWAL.

Subdivision 1.

Registry period.

Listing on the registry is valid for a one-year
period. To renew inclusion on the registry, an interpreter must submit:

(1) a renewal application on a form provided by the commissioner;

(2) a continuing education report on a form provided by the commissioner as
specified under section 148.9985; and

(3) the required fees under section 148.9987.

Subd. 2.

Notice.

(a) Sixty days before the registry expiration date, the commissioner
shall send out a renewal notice to the spoken language health care interpreter's last known
address or e-mail address on file with the commissioner. The notice must include an
application for renewal and the amount of the fee required for renewal. If the interpreter
does not receive the renewal notice, the interpreter is still required to meet the deadline for
renewal to qualify for continuous inclusion on the registry.

(b) An application for renewal must be received by the commissioner or postmarked
at least 30 calendar days before the registry expiration date.

Subd. 3.

Late fee.

A renewal application submitted after the renewal deadline
date must include the late fee specified in section 148.9987. Fees for late renewal shall
not be prorated.

Subd. 4.

Lapse in renewal.

An interpreter whose registry listing has been expired
for a period of one year or longer must submit a new application to be listed on the registry
instead of a renewal application.

Sec. 13.

[148.9984] DISCIPLINARY ACTIONS; OVERSIGHT OF
COMPLAINTS.

Subdivision 1.

Prohibited conduct.

(a) The following conduct is prohibited and is
grounds for disciplinary or corrective action:

(1) failure to provide spoken language interpreting services consistent with the
code of ethics and interpreting standards of practice, or performance of the interpretation
in an incompetent or negligent manner;

(2) conviction of a crime, including a finding or verdict of guilt, an admission of
guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United
States, demonstrably related to engaging in spoken language health care interpreter
services. Conviction includes a conviction for an offense which, if committed in this
state, would be deemed a felony;

(3) conviction of violating any state or federal law, rule, or regulation that directly
relates to the practice of spoken language health care interpreters;

(4) adjudication as mentally incompetent or as a person who is dangerous to self
or adjudication pursuant to chapter 253B as chemically dependent, developmentally
disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality
or sexually dangerous person;

(5) violation or failure to comply with an order issued by the commissioner;

(6) obtaining money, property, services, or business from a client through the use of
undue influence, excessive pressure, harassment, duress, deception, or fraud;

(7) revocation of the interpreter's national certification as a result of disciplinary
action brought by the national certifying body;

(8) failure to perform services with reasonable judgment, skill, or safety due to the
use of alcohol or drugs or other physical or mental impairment;

(9) engaging in conduct likely to deceive, defraud, or harm the public;

(10) demonstrating a willful or careless disregard for the health, welfare, or safety
of a client;

(11) failure to cooperate with the commissioner or advisory council in an
investigation or to provide information in response to a request from the commissioner
or advisory council;

(12) aiding or abetting another person in violating any provision of sections
148.9981 to 148.9987; and

(13) release or disclosure of a health record in violation of sections 144.291 to
144.298.

(b) In disciplinary actions alleging a violation of paragraph (a), clause (2), (3), or
(4), a copy of the judgment or proceeding under seal of the court administrator, or of the
administrative agency that entered the same, is admissible into evidence without further
authentication and constitutes prima facie evidence of its contents.

Subd. 2.

Complaints.

The commissioner may initiate an investigation upon
receiving a complaint or other oral or written communication that alleges or implies
a violation of subdivision 1. In the receipt, investigation, and hearing of a complaint
that alleges or implies a violation of subdivision 1, the commissioner shall follow the
procedures in section 214.10.

Subd. 3.

Disciplinary actions.

If the commissioner finds that an interpreter who
is listed on the registry has violated any provision of sections 148.9981 to 148.9987, the
commissioner may take any one or more of the following actions:

(1) remove the interpreter from the registry;

(2) impose limitations or conditions on the interpreter's practice, impose
rehabilitation requirements, or require practice under supervision; or

(3) censure or reprimand the interpreter.

Subd. 4.

Reinstatement requirements after disciplinary action.

Interpreters
who have been removed from the registry may request and provide justification for
reinstatement. The requirements of sections 148.9981 to 148.9987 for registry renewal
and any other conditions imposed by the commissioner must be met before the interpreter
may be reinstated on the registry.

Sec. 14.

[148.9985] CONTINUING EDUCATION.

Subdivision 1.

Course approval.

The advisory council shall approve continuing
education courses and training. A course that has not been approved by the advisory
council may be submitted, but may be disapproved by the commissioner. If the course
is disapproved, it shall not count toward the continuing education requirement. The
interpreter must complete the following hours of continuing education during each
one-year registry period:

(1) for tier 2 interpreters, a minimum of four contact hours of continuing education;

(2) for tier 3 interpreters, a minimum of six contact hours of continuing education; and

(3) for tier 4 interpreters, a minimum of eight contact hours of continuing education.

Contact hours shall be prorated for interpreters who are assigned a registry cycle of
less than one year.

Subd. 2.

Continuing education verification.

Each spoken language health care
interpreter shall submit with a renewal application a continuing education report on a form
provided by the commissioner that indicates that the interpreter has met the continuing
education requirements of this section. The form shall include the following information:

(1) the title of the continuing education activity;

(2) a brief description of the activity;

(3) the sponsor, presenter, or author;

(4) the location and attendance dates;

(5) the number of contact hours; and

(6) the interpreter's notarized affirmation that the information is true and correct.

Subd. 3.

Audit.

The commissioner or advisory council may audit a percentage of
the continuing education reports based on a random selection.

Sec. 15.

[148.9986] SPOKEN LANGUAGE HEALTH CARE INTERPRETER
ADVISORY COUNCIL.

Subdivision 1.

Establishment.

The commissioner shall appoint 12 members to a
Spoken Language Health Care Interpreter Advisory Council consisting of the following
members:

(1) three members who are interpreters listed on the roster prior to July 1, 2017, or
on the registry after July 1, 2017, and who are Minnesota residents. Of these members,
each must be an interpreter for a different language; at least one must have a national
certification credential; and at least one must have been listed on the roster prior to July 1,
2017, or on the registry after July 1, 2017, as an interpreter in a language other than the
common languages and must have completed a training program for medical interpreters
approved by the commissioner that is, at a minimum, 40 hours in length;

(2) three members representing limited English proficient (LEP) individuals, of
these members, two must represent LEP individuals who are proficient in a common
language and one must represent LEP individuals who are proficient in a language that is
not one of the common languages;

(3) one member representing a health plan company;

(4) one member representing a Minnesota health system who is not an interpreter;

(5) one member representing an interpreter agency;

(6) one member representing an interpreter training program or postsecondary
educational institution program providing interpreter courses or skills assessment;

(7) one member who is affiliated with a Minnesota-based or Minnesota chapter of a
national or international organization representing interpreters; and

(8) one member who is a licensed direct care health provider.

Subd. 2.

Organization.

The advisory council shall be organized and administered
under section 15.059.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the commissioner on issues relating to interpreting skills, ethics, and
standards of practice, including reviewing and recommending changes to the examinations
identified in section 148.9982, subdivision 2, on basic medical terminology in English
and interpreter ethics and interpreter standards of practice;

(2) advise the commissioner on recommended changes to accepted spoken language
health care interpreter qualifications, including degree and training programs and
performance examinations;

(3) address barriers for interpreters to gain access to the registry, including barriers
to interpreters of uncommon languages and interpreters in rural areas;

(4) advise the commissioner on methods for identifying gaps in interpreter services in
rural areas and make recommendations to address interpreter training and funding needs;

(5) inform the commissioner on emerging issues in the spoken language health
care interpreter field;

(6) advise the commissioner on training and continuing education programs;

(7) provide for distribution of information regarding interpreter standards and
resources to help interpreters qualify for higher registry tier levels;

(8) make recommendations for necessary statutory changes to Minnesota interpreter
law;

(9) compare the annual cost of administering the registry and the annual total
collection of registration fees and advise the commissioner, if necessary, to recommend an
adjustment to the registration fees;

(10) identify barriers to meeting tier requirements and make recommendations to the
commissioner for addressing these barriers;

(11) identify and make recommendations to the commissioner for Web distribution
of patient and provider education materials on working with an interpreter and on reporting
interpreter behavior as identified in section 148.9984; and

(12) review and update as necessary the process for determining common languages.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 16.

[148.9987] FEES.

Subdivision 1.

Fees.

(a) The initial and renewal application fees for interpreters
listed on the registry shall be established by the commissioner not to exceed $90.

(b) The renewal late fee for the registry shall be established by the commissioner
not to exceed $30.

(c) If the commissioner must translate a document to verify whether a foreign degree
qualifies for registration for tier 4, the commissioner may assess a fee equal to the actual
cost of translation and additional effort necessary to process the application.

Subd. 2.

Nonrefundable fees.

The fees in this section are nonrefundable.

Subd. 3.

Deposit.

Fees received under sections 148.9981 to 148.9987 shall be
deposited in the state government special revenue fund.

Sec. 17.

Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 18a,
is amended to read:


Subd. 18a.

Access to medical services.

(a) Medical assistance reimbursement for
meals for persons traveling to receive medical care may not exceed $5.50 for breakfast,
$6.50 for lunch, or $8 for dinner.

(b) Medical assistance reimbursement for lodging for persons traveling to receive
medical care may not exceed $50 per day unless prior authorized by the local agency.

(c) Regardless of the number of employees that an enrolled health care provider may
have, medical assistance covers sign and oral spoken language health care interpreter
services when provided by an enrolled health care provider during the course of providing
a direct, person-to-person covered health care service to an enrolled recipient with limited
English proficiency or who has a hearing loss and uses interpreting services. Coverage
for face-to-face oral language spoken language health care interpreter services shall be
provided only if the oral language spoken language health care interpreter used by the
enrolled health care provider is listed in on the registry or roster established under section
144.058 or the registry established under sections 148.9981 to 148.9987. Beginning July
1, 2018, coverage for spoken language health care interpreter services shall be provided
only if the spoken language health care interpreter used by the enrolled health care
provider is listed on the registry established under sections 148.9981 to 148.9987
.

Sec. 18. STRATIFIED MEDICAL ASSISTANCE REIMBURSEMENT SYSTEM
FOR SPOKEN LANGUAGE HEALTH CARE INTERPRETERS.

(a) The commissioner of human services, in consultation with the commissioner
of health, the Spoken Language Health Care Interpreter Advisory Council established
under Minnesota Statutes, section 148.9986, and representatives from the interpreting
stakeholder community at large, shall study and make recommendations for creating a
tiered reimbursement system for the Minnesota public health care programs for spoken
language health care interpreters based on the different tiers of the spoken language health
care interpreters registry established by the commissioner of health under Minnesota
Statutes, sections 148.9981 to 148.9987.

(b) The commissioner of human services shall submit the proposed reimbursement
system, including the fiscal costs for the proposed system to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over health and human services policy and finance by January 15, 2017.

(c) The commissioner of health, in consultation with the Spoken Language Health
Care Interpreter Advisory Council, shall review the fees established under Minnesota
Statutes, section 148.9987, and make recommendations based on the results of the
study and recommendations under paragraph (a) whether the fees are established at an
appropriate level, including whether specific fees should be established for each tier of the
registry instead of one uniform fee for all tiers. The total fees collected must be sufficient
to recover the costs of the spoken language health care registry. If the commissioner
recommends different fees for the tier, the commissioner shall submit the proposed fees to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance by January 15, 2018.

Sec. 19. INITIAL SPOKEN LANGUAGE HEALTH CARE ADVISORY
COUNCIL MEETING.

The commissioner of health shall convene the first meeting of the Spoken Language
Health Care Advisory Council by October 1, 2016.

Sec. 20. SPOKEN LANGUAGE HEALTH CARE INTERPRETER REGISTRY
FEES.

Notwithstanding Minnesota Statutes, section 148.9987, paragraph (a), the initial and
renewal fees for interpreters listed on the spoken language health care registry shall be $50
between the period of July 1, 2017, through June 30, 2018, and shall be $70 between the
period of July 1, 2018, through June 30, 2019. Beginning July 1, 2019, the fees shall be
in accordance with Minnesota Statutes, section 148.9987.

Sec. 21. REPEALER.

Minnesota Statutes 2014, section 144.058, is repealed effective July 1, 2018.

MINNESOTA ORTHOTIST, PROSTHETIST, AND PEDORTHIST
PRACTICE ACT

Sec. 22.

[153B.10] SHORT TITLE.

Chapter 153B may be cited as the "Minnesota Orthotist, Prosthetist, and Pedorthist
Practice Act."

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 23.

[153B.15] DEFINITIONS.

Subdivision 1.

Application.

For purposes of this act, the following words have
the meanings given.

Subd. 2.

Advisory council.

"Advisory council" means the Orthotics, Prosthetics,
and Pedorthics Advisory Council established under section 153B.25.

Subd. 3.

Board.

"Board" means the Board of Podiatric Medicine.

Subd. 4.

Custom-fabricated device.

"Custom-fabricated device" means an orthosis,
prosthesis, or pedorthic device for use by a patient that is fabricated to comprehensive
measurements or a mold or patient model in accordance with a prescription and which
requires on-site or in-person clinical and technical judgment in its design, fabrication,
and fitting.

Subd. 5.

Licensed orthotic-prosthetic assistant.

"Licensed orthotic-prosthetic
assistant" or "assistant" means a person, licensed by the board, who is educated and
trained to participate in comprehensive orthotic and prosthetic care while under the
supervision of a licensed orthotist or licensed prosthetist. Assistants may perform orthotic
and prosthetic procedures and related tasks in the management of patient care. The
assistant may fabricate, repair, and maintain orthoses and prostheses. The use of the title
"orthotic-prosthetic assistant" or representations to the public is limited to a person who is
licensed under this chapter as an orthotic-prosthetic assistant.

Subd. 6.

Licensed orthotic fitter.

"Licensed orthotic fitter" or "fitter" means a
person licensed by the board who is educated and trained in providing certain orthoses,
and is trained to conduct patient assessments, formulate treatment plans, implement
treatment plans, perform follow-up, and practice management pursuant to a prescription.
An orthotic fitter must be competent to fit certain custom-fitted, prefabricated, and
off-the-shelf orthoses as follows:

(1) cervical orthoses, except those used to treat an unstable cervical condition;

(2) prefabricated orthoses for the upper and lower extremities, except those used in:

(i) the initial or acute treatment of long bone fractures and dislocations;

(ii) therapeutic shoes and inserts needed as a result of diabetes; and

(iii) functional electrical stimulation orthoses;

(3) prefabricated spinal orthoses, except those used in the treatment of scoliosis or
unstable spinal conditions, including halo cervical orthoses; and

(4) trusses.

The use of the title "orthotic fitter" or representations to the public is limited to a person
who is licensed under this chapter as an orthotic fitter.

Subd. 7.

Licensed orthotist.

"Licensed orthotist" means a person licensed by
the board who is educated and trained to practice orthotics, which includes managing
comprehensive orthotic patient care pursuant to a prescription. The use of the title
"orthotist" or representations to the public is limited to a person who is licensed under
this chapter as an orthotist.

Subd. 8.

Licensed pedorthist.

"Licensed pedorthist" means a person licensed by
the board who is educated and trained to manage comprehensive pedorthic patient care
and who performs patient assessments, formulates and implements treatment plans, and
performs follow-up and practice management pursuant to a prescription. A pedorthist may
fit, fabricate, adjust, or modify devices within the scope of the pedorthist's education and
training. Use of the title "pedorthist" or representations to the public is limited to a person
who is licensed under this chapter as a pedorthist.

Subd. 9.

Licensed prosthetist.

"Licensed prosthetist" means a person licensed by
the board who is educated and trained to manage comprehensive prosthetic patient care,
and who performs patient assessments, formulates and implements treatment plans, and
performs follow-up and practice management pursuant to a prescription. Use of the title
"prosthetist" or representations to the public is limited to a person who is licensed under
this chapter as a prosthetist.

Subd. 10.

Licensed prosthetist orthotist.

"Licensed prosthetist orthotist" means a
person licensed by the board who is educated and trained to manage comprehensive
prosthetic and orthotic patient care, and who performs patient assessments, formulates and
implements treatment plans, and performs follow-up and practice management pursuant to
a prescription. Use of the title "prosthetist orthotist" or representations to the public is
limited to a person who is licensed under this chapter as a prosthetist orthotist.

Subd. 11.

NCOPE.

"NCOPE" means National Commission on Orthotic and
Prosthetic Education, an accreditation program that ensures educational institutions and
residency programs meet the minimum standards of quality to prepare individuals to enter
the orthotic, prosthetic, and pedorthic professions.

Subd. 12.

Orthosis.

"Orthosis" means an external device that is custom-fabricated
or custom-fitted to a specific patient based on the patient's unique physical condition and
is applied to a part of the body to help correct a deformity, provide support and protection,
restrict motion, improve function, or relieve symptoms of a disease, syndrome, injury, or
postoperative condition.

Subd. 13.

Orthotics.

"Orthotics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis
pursuant to a prescription. The practice of orthotics includes providing the initial training
necessary for fitting an orthotic device for the support, correction, or alleviation of
neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity.

Subd. 14.

Over-the-counter.

"Over-the-counter" means a prefabricated,
mass-produced item that is prepackaged, requires no professional advice or judgment in
size selection or use, and is currently available at retail stores without a prescription.
Over-the-counter items are not regulated by this act.

Subd. 15.

Off-the-shelf.

"Off-the-shelf" means a prefabricated device sized or
modified for the patient's use pursuant to a prescription and which requires changes to be
made by a qualified practitioner to achieve an individual fit, such as requiring the item
to be trimmed, bent, or molded with or without heat, or requiring any other alterations
beyond self adjustment.

Subd. 16.

Pedorthic device.

"Pedorthic device" means below-the-ankle partial
foot prostheses for transmetatarsal and more distal amputations, foot orthoses, and
subtalar-control foot orthoses to control the range of motion of the subtalar joint.
A prescription is required for any pedorthic device, modification, or prefabricated
below-the-knee orthosis addressing a medical condition that originates at the ankle or
below. Pedorthic devices do not include nontherapeutic inlays or footwear regardless
of method of manufacture; unmodified, nontherapeutic over-the-counter shoes; or
prefabricated foot care products.

Subd. 17.

Pedorthics.

"Pedorthics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic
device pursuant to a prescription for the correction or alleviation of neuromuscular or
musculoskeletal dysfunction, disease, injury, or deformity. The practice of pedorthics
includes providing patient care and services pursuant to a prescription to prevent or
ameliorate painful or disabling conditions of the foot and ankle.

Subd. 18.

Prescription.

"Prescription" means an order deemed medically necessary
by a physician, podiatric physician, osteopathic physician, or a licensed health care
provider who has authority in this state to prescribe orthotic and prosthetic devices,
supplies, and services.

Subd. 19.

Prosthesis.

"Prosthesis" means a custom-designed, fabricated, fitted, or
modified device to treat partial or total limb loss for purposes of restoring physiological
function or cosmesis. Prosthesis does not include artificial eyes, ears, fingers, or toes;
dental appliances; external breast prosthesis; or cosmetic devices that do not have a
significant impact on the musculoskeletal functions of the body.

Subd. 20.

Prosthetics.

"Prosthetics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis
pursuant to a prescription. It includes providing the initial training necessary to fit a
prosthesis in order to replace external parts of a human body lost due to amputation,
congenital deformities, or absence.

Subd. 21.

Resident.

"Resident" means a person who has completed a
NCOPE-approved education program in orthotics or prosthetics and is receiving clinical
training in a residency accredited by NCOPE.

Subd. 22.

Residency.

"Residency" means a minimum of an NCOPE-approved
program to acquire practical clinical training in orthotics and prosthetics in a patient
care setting.

Subd. 23.

Supervisor.

"Supervisor" means the licensed orthotist, prosthetist, or
pedorthist who oversees and is responsible for the delivery of appropriate, effective,
ethical, and safe orthotic, prosthetic, or pedorthic patient care.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 24.

[153B.20] EXCEPTIONS.

Nothing in this chapter shall prohibit:

(1) a physician, osteopathic physician, or podiatric physician licensed by the state of
Minnesota from providing services within the physician's scope of practice;

(2) a professional regulated in this state, including but not limited to physical
therapists and occupational therapists, from providing services within the professional's
scope of practice;

(3) the practice of orthotics, prosthetics, or pedorthics by a person who is employed
by the federal government or any bureau, division, or agency of the federal government
while in the discharge of the employee's official duties;

(4) the practice of orthotics, prosthetics, or pedorthics by:

(i) a student enrolled in an accredited or approved orthotics, prosthetics, or
pedorthics education program who is performing activities required by the program;

(ii) a resident enrolled in an NCOPE-accredited residency program; or

(iii) a person working in a qualified, supervised work experience or internship who
is obtaining the clinical experience necessary for licensure under this chapter; or

(5) an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or fitter who is
licensed in another state or territory of the United States or in another country that has
equivalent licensure requirements as approved by the board from providing services within
the professional's scope of practice subject to this paragraph, if the individual is qualified
and has applied for licensure under this chapter. The individual shall be allowed to practice
for no longer than six months following the filing of the application for licensure, unless
the individual withdraws the application for licensure or the board denies the license.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 25.

[153B.25] ORTHOTICS, PROSTHETICS, AND PEDORTHICS
ADVISORY COUNCIL.

Subdivision 1.

Creation; membership.

(a) There is established an Orthotics,
Prosthetics, and Pedorthics Advisory Council which shall consist of seven voting members
appointed by the board. Five members shall be licensed and practicing orthotists,
prosthetists, or pedorthists. Each profession shall be represented on the advisory council.
One member shall be a Minnesota-licensed doctor of podiatric medicine who is also a
member of the Board of Podiatric Medicine, and one member shall be a public member.

(b) The council shall be organized and administered under section 15.059.

Subd. 2.

Duties.

The advisory council shall:

(1) advise the board on enforcement of the provisions contained in this chapter;

(2) review reports of investigations or complaints relating to individuals and make
recommendations to the board as to whether a license should be denied or disciplinary
action taken against an individual;

(3) advise the board regarding standards for licensure of professionals under this
chapter; and

(4) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.

Subd. 3.

Chair.

The council must elect a chair from among its members.

Subd. 4.

Administrative provisions.

The Board of Podiatric Medicine must
provide meeting space and administrative services for the council.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 26.

[153B.30] LICENSURE.

Subdivision 1.

Application.

An application for a license shall be submitted to the
board in the format required by the board and shall be accompanied by the required fee,
which is nonrefundable.

Subd. 2.

Qualifications.

(a) To be eligible for licensure as an orthotist, prosthetist,
or prosthetist orthotist, an applicant shall meet orthotist, prosthetist, or prosthetist orthotist
certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation requirements in
effect at the time of the individual's application for licensure and be in good standing
with the certifying board.

(b) To be eligible for licensure as a pedorthist, an applicant shall meet the pedorthist
certification requirements of either the American Board for Certification in Orthotics,
Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are in effect
at the time of the individual's application for licensure and be in good standing with
the certifying board.

(c) To be eligible for licensure as an orthotic or prosthetic assistant, an applicant shall
meet the orthotic or prosthetic assistant certification requirements of the American Board
for Certification in Orthotics, Prosthetics, and Pedorthics that are in effect at the time of
the individual's application for licensure and be in good standing with the certifying board.

(d) To be eligible for licensure as an orthotic fitter, an applicant shall meet the
orthotic fitter certification requirements of either the American Board for Certification in
Orthotics, Prosthetics, and Pedorthics or the Board of Certification/Accreditation that are
in effect at the time of the individual's application for licensure and be in good standing
with the certifying board.

Subd. 3.

License term.

A license to practice is valid for a term of up to 24 months
beginning on January 1 or commencing after initially fulfilling the license requirements
and ending on December 31 of the following year.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 27.

[153B.35] EMPLOYMENT BY AN ACCREDITED FACILITY; SCOPE
OF PRACTICE.

A licensed orthotist, prosthetist, pedorthist, assistant, or orthotic fitter may provide
limited, supervised patient care services beyond their licensed scope of practice if all of
the following conditions are met:

(1) the licensee is employed by a patient care facility that is accredited by a national
accrediting organization in orthotics, prosthetics, and pedorthics;

(2) written objective criteria are documented by the accredited facility to describe
the knowledge and skills required by the licensee to demonstrate competency to provide
additional specific and limited patient care services that are outside the licensee's scope of
practice;

(3) the licensee provides patient care only at the direction of a supervisor who is
licensed as an orthotist, pedorthist, or prosthetist who is employed by the facility to provide
the specific patient care or services that are outside the licensee's scope of practice; and

(4) the supervised patient care occurs in compliance with facility accreditation
standards.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 28.

[153B.40] CONTINUING EDUCATION.

Subdivision 1.

Requirement.

Each licensee shall obtain the number of continuing
education hours required by the certifying board to maintain certification status pursuant
to the specific license category.

Subd. 2.

Proof of attendance.

A licensee must submit to the board proof of
attendance at approved continuing education programs during the license renewal period
in which it was attended in the form of a certificate, statement of continuing education
credits from the American Board for Certification in Orthotics, Prosthetics, and Pedorthics
or the Board of Certification/Accreditation, descriptive receipt, or affidavit. The board
may conduct random audits.

Subd. 3.

Extension of continuing education requirements.

For good cause, a
licensee may apply to the board for a six-month extension of the deadline for obtaining
the required number of continuing education credits. No more than two consecutive
extensions may be granted. For purposes of this subdivision, "good cause" includes
unforeseen hardships such as illness, family emergency, or military call-up.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 29.

[153B.45] LICENSE RENEWAL.

Subdivision 1.

Submission of license renewal application.

A licensee must submit
to the board a license renewal application on a form provided by the board together with
the license renewal fee. The completed form must be postmarked no later than January 1
in the year of renewal. The form must be signed by the licensee in the place provided for
the renewal applicant's signature, include evidence of participation in approved continuing
education programs, and any other information as the board may reasonably require.

Subd. 2.

Renewal application postmarked after January 1.

A renewal application
postmarked after January 1 in the renewal year shall be returned to the licensee for addition
of the late renewal fee. A license renewal application postmarked after January 1 in the
renewal year is not complete until the late renewal fee has been received by the board.

Subd. 3.

Failure to submit renewal application.

(a) At any time after January 1 of
the applicable renewal year, the board shall send notice to a licensee who has failed to
apply for license renewal. The notice shall be mailed to the licensee at the last address on
file with the board and shall include the following information:

(1) that the licensee has failed to submit application for license renewal;

(2) the amount of renewal and late fees;

(3) information about continuing education that must be submitted in order for
the license to be renewed;

(4) that the licensee must respond within 30 calendar days after the notice was sent
by the board; and

(5) that the licensee may voluntarily terminate the license by notifying the board
or may apply for license renewal by sending the board a completed renewal application,
license renewal and late fees, and evidence of compliance with continuing education
requirements.

(b) Failure by the licensee to notify the board of the licensee's intent to voluntarily
terminate the license or to submit a license renewal application shall result in expiration
of the license and termination of the right to practice. The expiration of the license and
termination of the right to practice shall not be considered disciplinary action against the
licensee.

(c) A license that has been expired under this subdivision may be reinstated.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 30.

[153B.50] NAME AND ADDRESS CHANGE.

(a) A licensee who has changed names must notify the board in writing within 90
days and request a revised license. The board may require official documentation of the
legal name change.

(b) A licensee must maintain with the board a correct mailing address to receive
board communications and notices. A licensee who has changed addresses must notify the
board in writing within 90 days. Mailing a notice by United States mail to a licensee's last
known mailing address constitutes valid mailing.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 31.

[153B.55] INACTIVE STATUS.

(a) A licensee who notifies the board in the format required by the board may elect
to place the licensee's credential on inactive status and shall be excused from payment
of renewal fees until the licensee notifies the board in the format required by the board
of the licensee's plan to return to practice.

(b) A person requesting restoration from inactive status shall be required to pay the
current renewal fee and comply with section 153B.45.

(c) A person whose license has been placed on inactive status shall not practice in
this state.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 32.

[153B.60] LICENSE LAPSE DUE TO MILITARY SERVICE.

A licensee whose license has expired while on active duty in the armed forces of the
United States, with the National Guard while called into service or training, or while in
training or education preliminary to induction into military service may have the licensee's
license renewed or restored without paying a late fee or license restoration fee if the licensee
provides verification to the board within two years of the termination of service obligation.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 33.

[153B.65] ENDORSEMENT.

The board may license, without examination and on payment of the required fee,
an applicant who is an orthotist, prosthetist, prosthetist orthotist, pedorthist, assistant, or
fitter who is certified by the American Board for Certification in Orthotics, Prosthetics,
and Pedorthics or a national certification organization with educational, experiential, and
testing standards equal to or higher than the licensing requirements in Minnesota.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 34.

[153B.70] GROUNDS FOR DISCIPLINARY ACTION.

(a) The board may refuse to issue or renew a license, revoke or suspend a license, or
place on probation or reprimand a licensee for one or any combination of the following:

(1) making a material misstatement in furnishing information to the board;

(2) violating or intentionally disregarding the requirements of this chapter;

(3) conviction of a crime, including a finding or verdict of guilt, an admission of
guilt, or a no-contest plea, in this state or elsewhere, reasonably related to the practice
of the profession. Conviction, as used in this clause, includes a conviction of an offense
which, if committed in this state, would be deemed a felony, gross misdemeanor, or
misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where
a finding or verdict of guilty is made or returned but the adjudication of guilt is either
withheld or not entered;

(4) making a misrepresentation in order to obtain or renew a license;

(5) displaying a pattern of practice or other behavior that demonstrates incapacity or
incompetence to practice;

(6) aiding or assisting another person in violating the provisions of this chapter;

(7) failing to provide information within 60 days in response to a written request from
the board, including documentation of completion of continuing education requirements;

(8) engaging in dishonorable, unethical, or unprofessional conduct;

(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;

(10) inability to practice due to habitual intoxication, addiction to drugs, or mental
or physical illness;

(11) being disciplined by another state or territory of the United States, the federal
government, a national certification organization, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially equivalent to one of the grounds
in this section;

(12) directly or indirectly giving to or receiving from a person, firm, corporation,
partnership, or association a fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered;

(13) incurring a finding by the board that the licensee, after the licensee has been
placed on probationary status, has violated the conditions of the probation;

(14) abandoning a patient or client;

(15) willfully making or filing false records or reports in the course of the licensee's
practice including, but not limited to, false records or reports filed with state or federal
agencies;

(16) willfully failing to report child maltreatment as required under the Maltreatment
of Minors Act, section 626.556; or

(17) soliciting professional services using false or misleading advertising.

(b) A license to practice is automatically suspended if (1) a guardian of a licensee is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
other than the minority of the licensee, or (2) the licensee is committed by order of a court
pursuant to chapter 253B. The license remains suspended until the licensee is restored to
capacity by a court and, upon petition by the licensee, the suspension is terminated by the
board after a hearing. The licensee may be reinstated to practice, either with or without
restrictions, by demonstrating clear and convincing evidence of rehabilitation. The
regulated person is not required to prove rehabilitation if the subsequent court decision
overturns previous court findings of public risk.

(c) If the board has probable cause to believe that a licensee or applicant has violated
paragraph (a), clause (10), it may direct the person to submit to a mental or physical
examination. For the purpose of this section, every person is deemed to have consented to
submit to a mental or physical examination when directed in writing by the board and to
have waived all objections to the admissibility of the examining physician's testimony or
examination report on the grounds that the testimony or report constitutes a privileged
communication. Failure of a regulated person to submit to an examination when directed
constitutes an admission of the allegations against the person, unless the failure was due to
circumstances beyond the person's control, in which case a default and final order may be
entered without the taking of testimony or presentation of evidence. A regulated person
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that the person can resume the competent practice of the regulated profession
with reasonable skill and safety to the public. In any proceeding under this paragraph,
neither the record of proceedings nor the orders entered by the board shall be used against
a regulated person in any other proceeding.

(d) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that a
licensee is subject to paragraph (a), clause (10). The medical data may be requested
from a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance
company, or a government agency, including the Department of Human Services. A
provider, insurance company, or government agency shall comply with any written request
of the board under this subdivision and is not liable in any action for damages for releasing
the data requested by the board if the data are released pursuant to a written request under
this subdivision, unless the information is false and the provider giving the information
knew, or had reason to know, the information was false. Information obtained under this
subdivision is private data on individuals as defined in section 13.02.

(e) If the board issues an order of immediate suspension of a license, a hearing must
be held within 30 days of the suspension and completed without delay.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 35.

[153B.75] INVESTIGATION; NOTICE AND HEARINGS.

The board has the authority to investigate alleged violations of this chapter, conduct
hearings, and impose corrective or disciplinary action as provided in section 214.103.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 36.

[153B.80] UNLICENSED PRACTICE.

Subdivision 1.

License required.

Effective January 1, 2018, no individual shall
practice as an orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic
assistant, or orthotic fitter, unless the individual holds a valid license issued by the board
under this chapter, except as permitted under section 153B.20 or 153B.35.

Subd. 2.

Designation.

No individual shall represent themselves to the public as
a licensed orthotist, prosthetist, prosthetist orthotist, pedorthist, orthotic or prosthetic
assistant, or an orthotic fitter, unless the individual is licensed under this chapter.

Subd. 3.

Penalties.

Any individual who violates this section is guilty of a
misdemeanor. The board shall have the authority to seek a cease and desist order against
any individual who is engaged in the unlicensed practice of a profession regulated by the
board under this chapter.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 37.

[153B.85] FEES.

(a) The application fee for initial licensure shall not exceed $600.

(b) The biennial renewal fee for a license to practice as an orthotist, prosthetist,
prosthetist orthotist, or pedorthist shall not exceed $600.

(c) The biennial renewal fee for a license to practice as an assistant or a fitter shall
not exceed $300.

(d) For the first renewal period following initial licensure, the renewal fee is the fee
specified in paragraph (b) or (c), prorated to the nearest dollar that is represented by the
ratio of the number of days the license is held in the initial licensure period to 730 days.

(e) The fee for license restoration shall not exceed $600.

(f) The fee for late license renewal is the license renewal fee in effect at the time of
renewal plus $100.

(g) The fee for license verification shall not exceed $30.

(h) The fee to obtain a list of licensees shall not exceed $25.

(i) No fee may be refunded for any reason.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 38. FIRST APPOINTMENTS, FIRST MEETING, AND FIRST CHAIR OF
THE ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY COUNCIL.

The Board of Podiatric Medicine shall make its first appointments authorized
under Minnesota Statutes, section 153B.25, to the Orthotics, Prosthetics, and Pedorthics
Advisory Council, by September 1, 2016. The board shall designate four of its first
appointees to serve terms that are coterminous with the governor. The chair of the Board
of Podiatric Medicine or the chair's designee shall convene the first meeting of the council
by November 1, 2016. The council must elect a chair from among its members at the first
meeting of the council.

EFFECTIVE DATE.

This section is effective July 1, 2016.

ARTICLE 8

HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. HUMAN SERVICES APPROPRIATION.

The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2015, chapter 71, article 13,
from the general fund or any fund named to the Department of Human Services for the
purposes specified in this article, to be available for the fiscal year indicated for each
purpose. The figures "2016" and "2017" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017,
respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017.
"The biennium" is fiscal years 2016 and 2017.

APPROPRIATIONS
Available for the Year
Ending June 30
2016
2017

Sec. 2. COMMISSIONER OF HUMAN
SERVICES

Subdivision 1.

Total Appropriation

$
(615,912,000)
$
(518,891,000)
Appropriations by Fund
2016
2017
General Fund
(307,806,000)
(246,029,000)
Health Care Access
Fund
(289,770,000)
(277,101,000)
Federal TANF
(18,336,000)
4,239,000

Subd. 2.

Forecasted Programs

(a) MFIP/DWP
Appropriations by Fund
General Fund
9,833,000
(8,799,000)
Federal TANF
(20,225,000)
4,212,000
(b) MFIP Child Care Assistance
(23,094,000)
(7,760,000)
(c) General Assistance
(2,120,000)
(1,078,000)
(d) Minnesota Supplemental Aid
(1,613,000)
(1,650,000)
(e) Group Residential Housing
(8,101,000)
(7,954,000)
(f) Northstar Care for Children
2,231,000
4,496,000
(g) MinnesotaCare
(227,821,000)
(230,027,000)

These appropriations are from the health care
access fund.

(h) Medical Assistance
Appropriations by Fund
General Fund
(294,773,000)
(243,700,000)
Health Care Access
Fund
(61,949,000)
(47,074,000)
(i) Alternative Care Program
-0-
-0-
(j) CCDTF Entitlements
9,831,000
20,416,000

Subd. 3.

Technical Activities

1,889,000
27,000

These appropriations are from the federal
TANF fund.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 9

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2015, chapter 71, article 14, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund or other named fund and are available for the fiscal years indicated for each
purpose. The figures "2016" and "2017" used in this article mean that the addition to or
subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2016, or June 30, 2017, respectively. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2016, are effective the day following
final enactment unless a different effective date is explicit.

APPROPRIATIONS
Available for the Year
Ending June 30
2016
2017

Sec. 2. COMMISSIONER OF HUMAN
SERVICES

Subdivision 1.

Total Appropriation


-0-
(9,626,000)
Appropriations by Fund
2016
2017
General
-0-
(2,355,000)
State Government
Special Revenue
-0-
25,000
Health Care Access
-0-
(7,296,000)
Federal TANF
-0-
-0-

Subd. 2.

Central Office Operations

(a) Operations
-0-
(11,179,000)

Base Adjustment. The general fund base is
reduced by $12,026,000 in fiscal year 2018
and $12,028,000 in fiscal year 2019.

(b) Children and Families
-0-
-0-
(c) Health Care
Appropriations by Fund
General
-0-
162,000
State Government
Special Revenue
-0-
25,000
Health Care Access
-0-
(4,239,000)

Spoken Language Health Care
Interpreters.
$25,000 in fiscal year 2017
from the state government special revenue
fund is for the commissioner of human
services to study and submit a proposed
stratified medical assistance reimbursement
system for spoken language health care
interpreters.

Waiver to Allow MinnesotaCare-Eligible
Persons to Purchase Coverage Through
Qualified Health Plans.
$213,000 in fiscal
year 2017 from the health care access fund is
for the commissioner to request a waiver to
allow persons eligible for MinnesotaCare to
instead purchase coverage from a qualified
health plan and access advanced premium
tax credits and cost-sharing reductions. This
is a onetime appropriation.

Base Adjustment. The general fund base is
increased by $142,000 in fiscal years 2018
and 2019. The health care access fund base
is reduced by $4,112,000 in fiscal years 2018
and 2019.

(d) Continuing Care
-0-
201,000

Long-Term Care Simulation Model. (a)
$200,000 in fiscal year 2017 is for the
commissioner of human services to develop a
Minnesota-specific long-term care financing
microsimulation model. This is a onetime
appropriation. The commissioner shall
ensure that the model:

(1) predicts the needs and future utilization
of long-term care services and supports for
Minnesotans based on demographic and
economic factors; and

(2) estimates the costs of care under various
funding scenarios, including voluntary
programs, to determine the impact of
various financing options on state funds,
out-of-pocket expenses, Medicare, and other
insurance and financing products.

(b) The commissioner shall use the
appropriation in paragraph (a) to create and
implement the model to:

(1) predict the cost of long-term care under
various public and private financing options,
including voluntary programs; and

(2) determine the most appropriate options
for the state.

(c) The commissioner shall report by January
15, 2018, to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over health and
human services policy and finance on the
development of the long-term care simulation
model.

(d) Notwithstanding any contrary provision
in this article, paragraphs (a) to (c) expire
January 15, 2018.

Base Adjustment. The general fund base is
increased by $2,000 in fiscal year 2018 and
$4,000 in fiscal year 2019.

(e) Community Supports
-0-
74,000

Base Adjustment. The general fund base
is increased by $543,000 in fiscal year 2018
and $503,000 in fiscal year 2019.

Subd. 3.

Forecasted Programs

(a) MFIP/DWP
Appropriations by Fund
General
-0-
Federal TANF
-0-
(b) MFIP Child Care Assistance
-0-
-0-
(c) General Assistance
-0-
-0-
(d) MN Supplemental Assistance
-0-
-0-
(e) Group Residential Housing
-0-
-0-
(f) Northstar Care for Children
-0-
-0-
(g) MinnesotaCare
-0-
58,000

These appropriations are from the health care
access fund.

(h) Medical Assistance
Appropriations by Fund
General
-0-
252,000
Health Care Access
-0-
-0-
(i) Alternative Care
-0-
-0-
(j) CD Treatment Fund
-0-
3,792,000

Transfer. Notwithstanding Minnesota
Statutes, section 254B.06, subdivision 1, the
commissioner shall transfer up to $2,000,000,
if available, in fiscal year 2017 only, from the
consolidated chemical dependency treatment
fund administrative account in the special
revenue fund to the general fund.

Subd. 4.

Grant Programs

(a) Support Services Grants
-0-
-0-
(b) BSF Child Care Assistance Grants
-0-
-0-

Base Adjustment. The general fund base
is increased by $174,000 in fiscal year 2018
and $232,000 in fiscal year 2019.

(c) Child Care Development Grants
-0-
-0-
(d) Child Support Enforcement Grants
-0-
-0-
(e) Children's Services Grants
-0-
-0-
(f) Children and Community Service Grants
-0-

1,400,000

White Earth Band of Ojibwe Human
Services Initiative Project.
$1,400,000
in fiscal year 2017 is for a grant to the
White Earth Band of Ojibwe for the direct
implementation and administrative costs of
the White Earth Human Services Initiative
Project authorized under Laws 2011, First
Special Session chapter 9, article 9, section
18. This is a onetime appropriation.

(g) Children and Economic Support Grants
-0-
934,000

Safe Harbor. $934,000 in fiscal year 2017
from the general fund is for emergency shelter
and transitional and long-term housing beds
for sexually exploited youth and youth at
risk of sexual exploitation, and for statewide
youth outreach workers to connect sexually
exploited youth with shelter and services.

(h) Health Care Grants
Appropriations by Fund
General
-0-
-0-
Health Care Access
-0-
(3,115,000)

Base Adjustment. The health care access
fund base is reduced by $3,115,000 in fiscal
years 2018 and 2019.

(i) Other Long-Term Care Grants
-0-
-0-
(j) Aging and Adult Services Grants
-0-
40,000

Advanced In-Home Activity Monitoring
Systems.
$40,000 in fiscal year 2017 from the
general fund is for a grant to a local research
organization with expertise in identifying
current and potential support systems and
examining the capacity of those systems to
meet the needs of the growing population of
elderly persons, to conduct a comprehensive
assessment of current literature, past
research, and an environmental scan of the
field related to advanced in-home activity
monitoring systems for elderly persons.
The commissioner must report the results
of the assessment by January 15, 2017, to
the legislative committees and divisions with
jurisdiction over health and human services
policy and finance.

Base Adjustment. The general fund base
is increased by $40,000 in fiscal years 2018
and 2019.

(k) Deaf and Hard-of-Hearing Grants
-0-
-0-
(l) Disabilities Grants
-0-
-0-
(m) Adult Mental Health Grants
-0-
394,000

Mental Health Pilot Project. $394,000
in fiscal year 2017 from the general fund
is for a grant to the Zumbro Valley Health
Center. The grant shall be used to continue a
pilot project to test an integrated behavioral
health care coordination model. The grant
recipient must report measurable outcomes
to the commissioner of human services by
December 1, 2018. This appropriation does
not expire and is available through June 30,
2018.

(n) Child Mental Health Grants
-0-
600,000

Children's Mental Health Collaboratives.
$600,000 in fiscal year 2017 from the general
fund is for a children's mental health grant
under Minnesota Statutes, section 245.4889,
for a rural demonstration project to assist
transition-aged youth and young adults
with emotional behavioral disturbance or
mental illnesses in making a successful
transition into adulthood. This is a onetime
appropriation.

(o) Chemical Dependency Treatment Support
Grants
-0-
975,000

Peer Specialists. $800,000 in fiscal year
2017 from the general fund is for grants
to recovery community organizations to
train, hire, and supervise peer specialists
to work with underserved populations as
part of the continuum of care for substance
use disorders. Recovery community
organizations located in Rochester,
Moorhead, and the Twin Cities metropolitan
area are eligible to receive grant funds.

Recovery Community Organizations.
$175,000 in fiscal year 2017 from the
general fund is for a grant to recovery
community organizations to create and
implement a public relations campaign
specific to reducing the stigma associated
with substance use disorders. Recovery
community organizations located in
Rochester, Moorhead, and the Twin Cities
metropolitan area are eligible to receive grant
funds.

Base Adjustment. The general fund base is
increased by $800,000 in fiscal years 2018
and 2019.

Subd. 5.

DCT State-Operated Services

(a) DCT State-Operated Services Mental
Health
-0-
-0-
(b) DCT State-Operated Services Enterprise
Services
-0-
-0-
(c) DCT State-Operated Services Minnesota
Security Hospital
-0-
-0-

Subd. 6.

DCT Minnesota Sex Offender
Program

-0-
-0-

Subd. 7.

Technical Activities

-0-
-0-

Sec. 3. COMMISSIONER OF HEALTH

Subdivision 1.

Total Appropriation

$
-0-
$
8,328,000
Appropriations by Fund
2016
2017
General
-0-
523,000
Health Care Access
-0-
7,411,000
State Government
Special Revenue
-0-
362,000

The appropriation modifications for each
purpose are shown in subdivisions 2 and 3.

Subd. 2.

Health Improvement

Appropriations by Fund
General
-0-
523,000
Health Care Access
-0-
7,411,000