1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/13/2017 03:59pm
|Introduction||Posted on 02/09/2017|
|1st Engrossment||Posted on 03/13/2017|
A bill for an act
relating to human services; expanding liability insurance coverage for licensed
foster home providers; amending Minnesota Statutes 2016, section 245.814,
subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 245.814, subdivision 2, is amended to read:
Coverage shall apply to all foster homes licensed by
the Department of Human Services, licensed by a federally recognized tribal government,
or established by the juvenile court and certified by the commissioner of corrections pursuant
to section 260B.198, subdivision 1, clause (3), item (v), to the extent that the liability is not
covered by the provisions of the standard homeowner's or automobile insurance policy. The
insurance shall not cover deleted text beginproperty owned by the individual foster home provider, damage
caused intentionally by a person over 12 years of age, ordeleted text end property damage arising out of
business pursuits or the operation of any vehicle, machinery, or equipment.
Minnesota Statutes 2016, section 245.814, subdivision 3, is amended to read:
If the commissioner of human services is unable
to obtain insurance through ordinary methods for coverage of foster home providers, the
appropriation shall be returned to the general fund and the state shall pay claims subject to
the following limitations.
(a) Compensation shall be provided only for injuries, damage, or actions set forth in
(b) Compensation shall be subject to the conditions and exclusions set forth in subdivision
(c) The state shall provide compensation for bodily injury, property damage, or personal
injury resulting from the foster home providers activities as a foster home provider while
the foster child or adult is in the care, custody, and control of the foster home provider in
an amount not to exceed $250,000 for each occurrence.
(d) The state shall provide compensation for damage or destruction of property caused
or sustained by a foster child or adult in an amount not to exceed deleted text begin$250deleted text endnew text beginnew text end for each
(e) The compensation in paragraphs (c) and (d) is the total obligation for all damages
because of each occurrence regardless of the number of claims made in connection with
the same occurrence, but compensation applies separately to each foster home. The state
shall have no other responsibility to provide compensation for any injury or loss caused or
sustained by any foster home provider or foster child or foster adult.
This coverage is extended as a benefit to foster home providers to encourage care of
persons who need out-of-home care. Nothing in this section shall be construed to mean that
foster home providers are agents or employees of the state nor does the state accept any
responsibility for the selection, monitoring, supervision, or control of foster home providers
which is exclusively the responsibility of the counties which shall regulate foster home
providers in the manner set forth in the rules of the commissioner of human services.